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QITY OF SAN. BEfClARDINO 0- MEMORANDUQ
To MAYOR AND COMMON COUNCIL
From GENE R. KLATT, Assistant
City Engineer
Date July 18, 1985
File No. 14.40-20
Subject Continued Council Item No.6 from July 15, 1985
Assessment District No. 956 Landscape Maintenance
Approved
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Item No.6 from the July 15, 1985, Council Agenda was continued to the Council
Meeting of July 22, 1985. The item concerns Assessment District No. 956, which
is the proposed landscaping in the Carnegie Drive area of the Park Centre Develop-
ment.
A protest was received from Evelyn P. Brier and discussed at the first continua-
tion of this item. Mrs. Brier's attorney was unable to attend the last Council
Meeting of July 15, 1985, and therefore the item was continued until the 22nd.
Staff is requesting that the property in question remain in the Assessment District
with a nuil assessment. The property owner will provide all of the irrigation
and m~intenance in a manner equal to the remaining portion of the district. In
the event the area is not maintained in a like manner, it can then be added to the
district and the null assessment changed to reflect the true cost. Should the
area be left out of the district, it would not be possible to add it at a later
date and a new district would need to be formed for just these parcels.
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GENE R. KLATT
Assistant City Engineer
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
ACCEPTANCE OF AN AGREEMENT AND COVENANT RUNNING WITH THE LAND FROM
EVELYN P. BRIER PROVIDING FOR .THE MAINTAINING OF LANDSCAPING TO BE
INSTALLED BY ASSESSMENT DISTRICT NO. 956. .
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Clerk of the City of San Bernardino is
hereby authorized and directed to accept on behalf of said City an
IAgreement and Covenant Running with the Land from Evelyn P. Brier
IprOViding for the maintaining of landscaping to be installed by
Ass~sSment District No. 956. A copy of the Agreement and Covenant
Running With the Land is attached hereto, marked Exhibit I, and
lincot"porated
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SECTION 2. The City Clerk of the City of San Bernardino is
by reference herein as fully as though set forth at
directed to have the Agreement and Covenant recorded with the San
Bernardino County Recorder.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
i
I Bernardino
I the
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'to wit:
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at a
meeting thereof, held on
day of
, 1985, by the following vote,
Council Members
AYES:
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
. 1985.
Approved as to form:
cft2t't:!ylf~
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Mayor of the City of San Bernardino
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Recorded at the request of,
and when recorded, return to
City Clerk
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
AGREEMENT AND COVENANT RUNNING WITH THE LAND
(Landscaping Maintenance-L.M.A.D. No. 956)
1. WHEREA$, EVELYN P. BRIER (BRIER) is the owner of real
property described in Exhibit "A" which is attached hereto and
incorP9~at~d by reference.
.2. WHEREAS, the BRIER property is located within the
boundaries of Landscaping Maintenance Assessment District
No.
~56.
3. WHEREAS, BRIER does not want said property included
in said Assessment District and the City is willing to permit
such exclusion upon the execution of this Agreement and Covenant
Runnin~ With The Land.
4. WHEREAS, landscaping and an irrigation system will
be installed by Assessment District No. 956 within the parkway
and curbed median for the BRIER property.
NOW, THEREFORE, it is hereby agreed as follows:
5. That in consideration of the City excluding the BRIER
property from Maintenance District No. 956, BRIER agrees to water
and maintain the landscaping to be installed by said District.
Said landscaping includes landscaping the parkway and curbed
median in BRIER Drive for the subject property.
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6. BRIER hereby agrees to maintain the landscaping
installed by the Maintenance District No. 956 in the said
parkway and median to a standard not less than and in conformity
with the landscaping maintenance standard of other parcels in
Assessment District No. 956. The City shall provide BRIER with
the Plan and Special Provisions No. 6244 for maintenance and
landscaping and appurtenant facilities for Assessment District
No. 956 of the City of San Bernardino for use by BRIER as a
guideline for said maintenance.
7. BRIER agrees to pay for and cause to be provided water.
for maiptenance of said landscaping. Said water will be metered
and billed to BRIER through the Municipal Water Department.
8. These covenants run with the land and are binding on
all heirs, successors, administrators, executors and assigns of
BRIER from the date of its recordation.
9. In the event of a breach of these covenants, or any of
the$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 stand~rd 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
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compliance with
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any of the covenants
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contained herein and for
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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 cqsts unpaid on other properties of said District No. 956,
plus 10% interest and administrative and overhead costs as
determine~ 'by the Director of Finance of City.
IN ~ITNESS WHEREOF, BRIER has executed this document this
day bf , 1985.
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EVELYN P. BRIER
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On this
day of
, in the year
,
before me, the undersigned, a Notary Public in and for said
State, personally appeared
, personally
known to me (or proved to me on the basis of satisfactory
evidence) to be the person
whose name
subscribed to the wi thin instrument and acknow-.
ledged that
executed it.
WITNESS my hand and offical seal.
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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 BE&~ARDINO
By
City Clerk
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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
tot 7; thence South 890 48' 12" West along
the ~orth line of said Lot 7, 318.12 feet
to the TRUE POINT OF BEGINNING: thence
,
continuing South 890 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 890 48' 12" East parallel with
the North line of said Lot, 482.88 feet; thence
at right angles North 00 II' 48" West 451. 00
feet to the Point of Beginning
Containing 5,000 acres, more or less
EXHIBIT "A"