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Home My WebLink About14-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution canceling a Historic Property Preservation Agreement ("Mills Act Contract") for property located at 783 N. Mountain View Avenue. Dept: Development Services Date: File: 15.05-263 MCC Date: 12/01/2008 Synopsis of Previous Council Action: 11-07-2005 Resolution No. 2005-363 was adopted, establishing the procedures for the implementation of a Mills Act Program in the City of San Bernardino. 12-19-2005 Resolution No. 2005-416 was adopted, authorizing the execution of a Mills Act Preservation Agreement with John Stephen Alexandrowicz for property located at 783 N. Mountain View Avenue. Recommended Motion: Adopt Resolution. ~ O. fJ1Y Valerie C. Ross Contact Person: Laszlo "Les" Fogassy Phone: 5026 Supporting data attached: Staff Report, Letter, Maps, Resolution Ward(s): I FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A Council Notes: Acct. Description: N/ A Finance: ?<5S~ 200,5'- 'II' t/ / Agenda Item No. ~ I'l. -/,oe CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution canceling a Historic Property Preservation Agreement ("Mills Act Contract") for property located at 783 N. Mountain View Avenue. Backl!round: The Mills Act is a state law designed to provide financial incentives for property owners that restore and maintain historic residential and commercial properties. Because the Mills Act contract requires the property to be assessed using a different assessment methodology, it results in a reduction in property taxes paid by the property owner. Approximately 80 cities throughout California have adopted Mills Act programs, including several in the County of San Bernardino. On November 7, 2005, Resolution 2005-363 was adopted, establishing the procedures for the implementation of a Mills Act Program in the City of San Bernardino. On December 19, 2005, Resolution No. 2005-416 was adopted, approving the execution of a Mills Act Preservation Agreement with John Stephen Alexandrowicz, for residential property located at 783 N. Mountain View Avenue (APN 0140-293-21). The San Bernardino City Unified School District recently purchased this property along with other properties in this area, for the purpose of constructing a new elementary school, to be known as Lincoln II. The School District has requested a cancellation of the Agreement, as provided for in Section 9 of the Agreement. Section 9 states that an Agreement may be cancelled if property is acquired through eminent domain or by an entity authorized to exercise the powers of eminent domain. Although the property was acquired through a normal sales and purchase, the School District does have the power of eminent domain. Thus, this property would qualify for a cancellation of the Agreement. Section 9 also states that cancellation of the Agreement under Section 9 would be exempt from cancellation fees. The School District is proposing to either relocate or demolish the structure. A resolution canceling the Agreement is attached for your review and action. If approved, the Resolution will be filed with the office of the County Recorder. Financial Impact: None Recommendation: Adopt Resolution Attachments: - Maps - Letter of request from the School District - Resolution 2 11106/2008 1:38 PM Arturo Delgado. EdD. Superintendent November 3, 2008 Laszlo "Les" Fogassy Assessment DistricUReal Property Manager City of San Bernardino Development Services Department 300 N. "D" Street. 3rd Floor San Bernardino, CA 92418 Re: Lincoln II South Elementary School Project Mills Act Contract - 783 N Mt. View Avenue Historic Property Preservation Agreement #2005- 416 SBCUSD request to terminate recorded agreement. Dear Mr. Fogassy: Please accept this letter as a formal request from the San Bernardino City Unified School District (SBCUSD) to the City of San Bernardino to terminate Historic Property Preservation Agreement #2005-416 and release the recorded encumbrance on the property title. SBCUSD has acquired the property at 783 N. Mt. View Avenue, APN #0140- 293-21 from Mr. John Steven Alexandrowicz as apart of the site for the construction of the new elementary school referenced, above. SBCUSD has executed an agreement with Mr. Alexandrowicz for the possible relocation of the structures to another parcel. Should you have questions or reqUire additional information, please do not hesitate to contact Mr. Kit Kurisaki of my staff at 909-381-1238 or me. $incerely. \ . \ ; ",' . !,.-"' .>-' Wael Elatar Facilities Administrator Attachments (2) - Grant Deed Agreement 2005,416 Wael Elatar Facilities Administrator FACILITIES/OPERATIONS DIVISION 171 North F Stred. San Bernardino, CA 92410 '.'109) .381 1238. Ollert (')1;9) J81.1232. Fax (909) ,'\I1S 4.:18. '-;,J r11er, ,11 ~~LJ 1),11<11" 1. sbc u5d. (0111 Location of 783 N. Mt. View Ave. No Scale ,; >- " ~ > Highland Ave. > 0<( . c " E 5 c - - " . - "' i " c Base Line Sl. . Vi Mill Sl. " c c c u " a. a. ;= 5th Sl. .. . o VICINITY MAP CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Cancellation of a Mills Act Agreement for property located at 783 North Mt. View Avenue (APN 0140-293-21) ~ indicates ~n-incorporated oreos ~ within City s Sphere of Influence Created by: Lo:x/o FOcJLI55'1 Date: .. '-;(>--~/j "'"' ~ I e .... e o ~ ~ ~ o ~ ~ G ",0 G ;.< "'G -0 0", ~ N _ K_ ._ 00 '-'~~ o c: "0 .... o c: .... '" c:l c:'-- oJ-.. V> c:l - . 0::::0 >- ~ u c: a... ---, ~. '. ~~ I ].f~l;... .;', w, ~ ~ ~ ~ ~ n.: '" ~ ~ ;r ~ , ,. 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"'1 ,'''' , c - - :... tmt<- - - - - - - - - - - - - - - --Hl~l.ffi'- _ -=- _ _ , ~ ~, \~ l jO ~laaljS 'GCOO-~Z'2F)G'Ov~o' (iOC3-90DZ ''If:) 'olJlpJeul<l8 ues I:"! , I ,. , H'Lt I' , :r: i @E) ~~ \;; c:>o g N . o ~ I I~ - ~ =0 NO '-' G 0.",0 OO~ ::::Ea.;; ~ We 0 -..........c: 0- ~ we ~ W '" G~ . 0 ~ .00 -<"'''' ~ . ~ o 1 \CQJ[P)[ - RESOLU'HON NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CANCELING A 3 HISTORIC PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) FOR PROPERTY LOCATED AT 783 NORTH MOUNTAIN VIEW AVENUE. 4 WHEREAS, on December 19,2005, the Mayor and Common Council of the City of San 5 6 Bernardino adopted Resolution No, 2005-416, authorizing the execution of a Mills Act 7 8 Preservation Agreement ("AGREEMENT") with John Stephen Alexandrowicz for property located at 783 North Mountain View Avenue, also known as Assessor's Parcel Number 0140- 9 293-21, more fully described therein and also in Exhibit "A" attached hereto and made a part 10 11 12 13 County Recorder's Office on January 20, 2006 as Document No. 2006-0044594; and hereof; and WHEREAS, said AGREEMENT was recorded in the office of the San Bernardino 14 WHEREAS, pursuant to Section 9 of the AGREEMENT, said AGREEMENT may be 15 cancelled if said property is acquired in whole or part by eminent domain or by an entity 16 authorized to exercise the power of eminent domain; and 17 18 19 WHEREAS, the San Bernardino City Unified School District ("DISTRICT") has acquired said property located at 783 North Mountain View Avenue from John Stephen 20 Alexandrowicz for the purpose of constructing a new elementary school at this location; and WHEREAS, the DISTRICT, by a letter dated November 3, 2008 (attached and 21 22 incorporated herein as Exhibit "B"), has requested the cancellation of said AGREEMENT as 23 24 25 26 27 provided for therein. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council hereby finds that the acquisition of said property described herein by the San Bernardino City Unified School District for the purpose of 28 11/20/08 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CANCELING A HISTORIC PROPERTY PRESERVATION_A~REEMENT (MILLS-"CT CONTRACT) FOR PROPERTY_ LOCATED AT 783 NORTH MOUNTAIN VIEW AVENUE. 3 constructing a new elementary school frustrates the purpose of said AGREEMENT. as provided 4 5 for therein and does hereby cancel said AGREEMENT_ 6 7 filed. 8 /1/ 9 /1/ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11'06/08 SECTION 2. The City Clerk is hereby directed and authorized to file. or cause to be a certified copy of this Resolution with the San Bernardino County Recorder's office. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO CANCELING A HISTORIC PROPERTY 1 PRESERVATION_~REEMENT (MILLS-ACT CONTRACT) FOR PROPERTY_LOCATED AT 783 :-;ORTH MOUNTAIN VIEW AVENUE. 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof held on the 7 8 wit: 9 Council Members: 10 ESTRADA 11 BAXTER 12 BRINKER 13 (VACANT) 14 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 day of .20_. by the following vote. to AYES NAYS ABSTAIN ABSENT City Clerk 20 21 The foregoing resolution is hereby approved this day of .20_ 22 23 PATRICK J. MORRIS. Mayor City of San Bernardino 24 Approved as to form: :: V~tU- JA~,1[S F. PE~,~.IA?~ 27 ~t~~~~8:iCo""se J 28 11/06/08 3 EXHIBIT "An LEGAL DESCRIPTIO;\i APN: 0140-293-21 THAT PORTION OF LOT 5, BLOCK 49, CITY OF SAN BERNARDINO, COU;-.iTY OF SAN BERJ"lARDINO, STATE OF CALlFORJ"lIA AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 1, RECORDS OF SAID COUNTY, DESCRlBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT, 120 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 5; THENCE EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT, TO A POINT ON THE EAST LINE OF SAID LOT, 120 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH, ALONG SAID EAST LINE, A DISTANCE OF 51.5 FEET, MORE OR LESS, TO A POINT 128.5 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT; THENCE WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT TO A POINT ON THE WEST LINE OF SAID LOT, 128.5 FEET NORTH OF THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH, ALONG THE WEST LINE OF SAID LOT, TO THE POINT OF BEGINNING. EXHIBIT "B" . . ./~..,..."". SA~ BERNARBI-NO CITY UNIFIED SCHOOL DISTRICT John A. Peukert, Assistant Superintendent, Facilities/Operations Arturo Delgado, Ed.D. Superintendent November 3, 2008 Laszlo "Les" Fogassy Assessment DistricUReal Property Manager City of San Bernardino Development Services Department 300 N. "0" Street, 3rd Floor San Bernardino, CA 92418 Re: Lincoln II South Elementary School Project Mills Act Contract - 783 N. Mt View Avenue Historic Property Preservation Agreement #2005- 416 SBCUSD request to terminate recorded agreement Dear Mr. Fogassy: Please accept this letter as a formal request from the San Bernardino City Unified School District (SBCUSD) to the City of San Bernardino to terminate Historic Property Preservation Agreement #2005-416 and release the recorded encumbrance on the property title. SBCUSD has acquired the property at 783 N. Mt View Avenue, APN #0140- 293-21 from Mr. John Steven Alexandrowicz as apart of the site for the construction of the new elementary school referenced, above. SBCUSD has executed an agreement with Mr. Alexandrowicz for the possible relocation of the structures to another parcel. Should you have questions or require additional information, please do not hesitate to contact Mr. Kit Kurisaki of my staff at 909-381-1238 or me. Wael Elatar Facilities Administrator Attachments (2) - Grant Deed Agreement 2005-416 Wael Elatar Facilities Administrator FACILITIES/OPERATIONS DIVISION 777 North F Street. San Bernardino, CA 92410 (909) 381-1238. Direct (909) 381.1232. Fax (909) 885-4218 . sa mer .alzubaidi@sbcusd.com