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ClTfOF SAN BERNARDIQ - REQUEQ FOR COUNCIL AC,QN
From: RALPH H, PRINCE
Su~~t: Agreement with James E. and
Carol A. Massey re non-conforming
sign
Dept: City Attorney
Dare: August 30, 1985
Synopsis of Previous Council action:
At the meeting of August 5, 1~3:';, .t..le City Attorney vias directed
to prepare an agreenen:: \,lit;l J:r,les L. and Carol A. Massey regarding
a non-conforming sigil located at 372 Horth Arrowhead Avenue,
San Bernardino, California.
Recommended motion:
Adopt resolution.
;;Z~ jl/Ju~
Signature
Contact person:
,TORN F WTT.~ON
Phone:
5162.
Supporting data attached:
VP~
Ward:
1
FUNDING REQUIREMENTS:
Amount:
1" /;:a
.
Sou rce:
R/a
Finance: Il/a
Council Notes:
"'I'<;._n?l".?
AQenda Item NO'~t"
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT WITH JAMES E. AND CAROL A.MASSEY,
RELATING TO THE USE OF A NON-CONFORMING SIGN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor is hereby authorized and directed to
7 execute on behalf of said City an Agreement with James E. and
8 Carol A. Massey, relating to the use of a non-conforming sign,
9 which agreement is attached hereto, marked Exhibit wAw, and
10 incorporated herein by reference as fully as though set forth at
11 length.
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12 SECTION 2. The City Clerk of the City of San Bernardino is
13 directed to have the Agreement for non-conforming sign recorded
14 with the San Bernardino County Recorder.
15 I HEREBY CERTIFY that the foregoing resolution was duly
16 adopted by the Mayor and Common Council of the City of San
17 Bernara~no at a
18 the
day of
meeting thereof, held on
, 1985, by the
19 following vote, to wit:
20 AYES:
21
22 NAYS:
23 ABSENT:
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28 / / /
City Clerk
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The foregoing resolution is hereby approved this
, 1985.
2 of
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6 Approved as to form:
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8 City A torney
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day
Mayor of the City of San Bernardino
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A G R E E MEN T
(Non-conforming Sign)
THIS AGREEMENT is entered into this
day of
, 1985, by and between the CITY OF SAN
5 BERNARDINO, a municipal corporation, hereinafter referred to as
6 .City., and JAMES E. and CAROL A. MASSEY, hereinafter referred to
as .Owners..
7
8 The parties agree as follows:
9 1. Recitals.
10 A. Owners are operators of Massey Insurance Company
11 (Company), and owners of property located at 872 North Arrowhead
12 Avenue, San Bernardino, California, hereinafter referred to as
13 .Property., legally described in Exhibit .1-, attached hereto and
14 incorporated herein by reference as though fully set forth at
15 length.
16 B. This agreement is entered into under the authority of
17 Riaas v. Citv of Oxnard (154 Cal.App.3d 526, 201 Ca1.Rptr. 291).
18 City has made findings consistent therewith.
19 C. The use of Property in the manner provided herein is a
20 non-conforming use in the zone where Property is located.
21 D. City has determined that equity will be served by
22 allowing Owners to continue the use of a non-conforming sign for
23 the duration of their (OWners') operation of Company at the
24 above-referenced location.
25
26 forth the terms and conditions for OWners' continued use of the
E.
The parties desire to enter into this agreement, setting
27 non-conforming sign.
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1 2. Consideration.
2 This agreement is entered into in consideration of City
3 forebearing from prosecution of a legal action to require the
4 immediate removal by City abatement procedures of an on-premise
5 electric sign with not more than twelve square feet of facing,
6 presently attached to the Property and advertising the Company.
7 Consideration flowing from OWners to City is OWners' full and
8 complete compliance with all terms and conditions of this
9 agreement during all times that this agreement is in force.
10 3. Conditions.
11 A. Upon discontinuance of the operation of Company by
12 OWners at Company's present location, the subject sign shall be
13 removed. No sign which is not expressly permitted within an R-3
14 zone by the San Bernardino Municipal Code shall thereafter be
15 placed on the Property.
16 B. For purposes of this agreement, .discontinuance of the
17 operation of Company by Owners. shall be deemed to have occurred
18 at such time as the Company is sold, conveyed or hypothecated by
19 sale, gift, grant, bequest or assignment or at any such times as
20 both the Owners specifically named herein have ceased their
21 active participation in the operation of the business.
22 C. Notwithstanding any other provision of this agreement,
23 this agreement shall expire on September 30, 2010.
24 4. Preservation of Riahts.
25 A. Commencing one day following the expiration of this
26 agreement, the continued use of the non-conforming sign shall be
27 deemed to be a violation of the zoning laws of City.
28 III
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B. By entering into this agreement the City is not waiving
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any right it may have relating to termination of the non-
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conforming use, or enforcement of any law.
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IN WITNESS WHEREOF, the parties hereto have executed this
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agreement the day and year first above written.
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CITY OF SAN BERNARDINO
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By
Carol A. Massey
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10 ATTEST:
Mayor
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12 City Clerk
13 Approved as to form:
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15 /lMIi7~) /I;k!/u4!:v
16 Ci~;:;r:;:ey
James E. Massey
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18 NOTARY ACKNOWLEDGMENT:
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ALL THAT REAL PROPERTY SITUATED IN THE COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE EAST ONE-HALF OF LOT 7, BLOCK 62,
IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 7 OF
MAPS, PAGE 1, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 7, THENCE
NORTH 150 FEET, MORE OR LESS, TO THE NORTHEAST CORNER
OF SAID LOT, THENCE WEST ALONG THE NORTH LINE OF SAID
LOT, 150 FEET MORE OR LESS TO THE WEST LINE OF THE
EAST ONE-HALF OF SAID LOT, THENCE SOUTH 150 FEET, MORE
OR LESS, TO THE SOUTH LINE OF SAID LOT, THENCE EAST
150 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THE SOUTH 50 FEET THEREFROM OF LOT 7.
EXHIBIT "I"
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Recorded at the request of,
and when recorded, return to:
Ci ty Cl erk
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
COVENANT RUNNING WITH THE LAND
For good and valuable consideration, the receipt of which is
hereby acknowledged, Jamos .,. 1<las5ey ann Car"le AI Ma5sey .
collectively
"Grantor", hereby grants to the City of San Bernardino, a
municipal corporation, 300 North "0" Street, San Bernardino,
California, the following covenant which shall run with and be
binding upon that certain parcel or parcels of property in the
City ~f San Bernardino, County of San Bernardino, State of
California, described on Exhibit A which is annexed hereto and
incorporated herein by reference.
Grantor hereby covenants with the City of San Bernardino
that neither the premises described herein, nor any portion
thereof, shall hereafter be conveyed, transferred or hypothecated
by sale, gift, grant, demise or assignment to any person or
entity for any purpose other than use as a multifamily residence.
Grantor will specifically notify any grantee or transferee that
no business office shall be permitted upon the premises after any
sale or transfer by the present owner. This covenant runs with
the land and is binding on all heirs, administrators, executors
and assigns of grantor for a period of twenty-five years from
date of its recordation. In the event of a breach of the
covenant by the grantor or any heir, executor, administrator or
assign, said person or persons shall be immediately subject to
prosecution by the City of San Bernardino for violation of its
.
EXHIBIT I
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zoning laws, and such use of the property in violation of the
provisions of this covenant shall constitute a public nuisance,
subject to abatement by the City of San Bernardino.
In witness
12th day of
I
whereof. Grantor
Burch
this document this
has executed
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ACCEPTANCE BY CITY
The City of San Bernardino hereby accepts the covenant
included within the attached document.
DATED:
NO "1\
GENERAL ACKNOWLEDGMENT
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On Ihlsll<itiJ..__ day of !',RT'''n
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Bf. -i ~h...r-'; n,~________ .
Ihe undersigned Notary Public, personally appeared
_~~rr.es E. lI.lis,....t'..,~r S:P'.~ r.RT"nlf" .1
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.. personally known to me
It proved 10 me on the basis of salisfactory evidence
10 be the person(s) whose name(s) __are ._ p ._subscribed to the
wilhln Instrumenl, ~nd acknowledged Ihal~j.' executed it.
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4,
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY
OF S~N BERNARDINO, STATE OF CALIFORNIA. AND IS DESCRIBED ~S FOLLOU$:
THAT PORTION OF THE EHST ONE-HHLF OF LOT 7, BLOCK 62, IN THE
CITY OF SHN BERNARDINO. COL/Nn' OF SAN BERNARDINO., STATE OF CALIFORNIA.
AS PER MAP RECORDED IN BOOK 7 OF MAPS. PAGE J, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COLmT,', DESCRIBED AS FOLLDUS:
BEGINNING HI THE SOUi,-;EH~;'i C'-,,:.;i:': OF i..{l7' 7, THENCE IiO/.:TH J50
FfEL NOr'[ (.j:" LE::,3. TO r..,E i,':',- ;-r;,:.,:~T C.).:'"E.=( OF $':'ID LOT; THENCE
/.lEST i<L(I"G THE NC.~:TH LIaE DF SHID LDT.. ;:50 FEET NORE OR LESS
TL1 THE PlEST LINE OF THE EHST DIo/E-nHLF (iF SHIv LOT,; THENCE SOUTH
J50 FEET. NORE OR LESS. TO THE SOUTH UhE OF SHID LOT; THENCE
EAST JSO FEET. NORE OR LESS, TO THE POINT OF BEGINNING,
EXCEPTING THE SOUTH SO FEET THEREfRDN OF LOT 7,
EXHIBIT A