HomeMy WebLinkAbout491RECORDING REQUESTED BY
CITY OF REDLANDS
AND WHEN RECORDED MAIL DOCUMENT TO
NAME
STREET
ADDRESS
CITY STATE &
ZIP CODE
City Clerk, City of Redlands
P O BOX 3005
Redlands, CA 92373
0 Electronically
Recorded in Official Records
County of San Bernardino
Bob Dutton
Assessor Recorder -County Clerk
DOC# 2021-0106610
03/08/2021 Titles 1 Pages 8
0343 PM
SAN Fees $0 00
Taxes $0 00
11287 CA SB2 Fee $0 00
Total $0 00
FEES NOT REQUIRED PER
GOVERNMENT CODE SECTION 6103
SPACE ABOVE FOR RECORDER'S USE ONLY
Resolution No 491
Title of Document
THIS AREA FOR
RECORDER'S
USE ONLY
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3 00 Additional Recording Fee Applies)
DOC #2021-0106610 Page 2 of 8
RESOLUTION NO. 491
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF REDLANDS RELEASING
CERTAIN CONTRACTUAL RIGHTS AFFECTING REAL PROPERTY
WHEREAS, on November 1, 2011, the City Council adopted Resolution No. 7089
declanng itself as the Successor Agency to the Former Redevelopment Agency of the City of
Redlands ("Successor Agency") upon the dissolution of the Redevelopment Agency ("Agency"),
and
WHEREAS, one or more portions of the real property ("Property") in the city of Redlands,
county of San Bernardino, State of California, descnbed in Exhibit "A," attached hereto, are
subject to the terms and provisions of the following documents.
A Grant Deed (the "Grant Deed of 1987") dated March 20, 1987, by the Agency of
the City of Redlands, a public body corporate and politic, as Grantor, and Downtown
Development, a California limited partnership, as Grantee, recorded March 23, 1987, as Document
No 87-091673, in the records ("Official Records") maintained by the County Recorder of San
Bernardino County, State of California, and, as well, that certain Disposition and Development
Agreement (the "DDA of 1986") by and between the Agency and such Downtown Development,
dated May 25, 1986, disclosed in the Grant Deed of 1987, and
B. Disposition and Development Agreement (the "DDA of 1995") by and between the
Agency and Knkonan Premiere Theatres, Inc , a California corporation, entered into on September
5, 1995, and recorded September 26, 1995, as Document No 19950333948, Official Records, and
C Grant Deed (the "Grant Deed of 1996") dated March 15, 1996, by the Agency, as
Grantor, and Knkonan Premiere Theatres, Inc , as Grantee, recorded March 18, 1996, as
Document No 19960092588, Official Records,
WHEREAS, the Grant Deed of 1987, the DDA of 1986, the DDA of 1995, and the Grant
Deed of 1996 are together called the "Agency Documents," and
WHEREAS, the Agency Documents were entered into in furtherance of the
Redevelopment Plan for the Redlands Redevelopment Project (the "Redevelopment Plan"), and
WHEREAS, the Property is within the Redevelopment Plan project area, and
WHEREAS, effective June 29, 2011, Part 1 85 (commencing with section 34170) was
added to Division 24 Community Development and Housing of the California Health and Safety
Code ("HSC"), and
WHEREAS, HSC section 34172 dissolved the Agency effective February 1, 2012, and
WHEREAS, HSC section 34173 immediately replaced the former Agency with the
1
L \ca\Reso\491 Successor Agency Releasing Rights Real Property Property One.docx
DOC #2021-0106610 Page 3 of 8
Successor Agency for the purposes of winding down the former Agency's affairs upon its
dissolution, and
WHEREAS, HSC section 34175 immediately transferred to the Successor Agency all
nghts, duties, obligations, and property, real and personal, of the former Agency, and
WHEREAS, HSC section 34177 3 prevents a successor agency from creating new
enforceable obligations or beginning redevelopment work, and, therefore, numerous provisions of
the Agency Documents vesting the Agency with redevelopment rights (the "Redevelopment
Rights") in the Property cannot be exercised by the Successor Agency, and
WHEREAS, Successor Agency intends hereby to release in their entirety, and remove as
encumbrances and charges on title to the Property, all provisions, covenants, conditions, and
restrictions set forth in the Agency Documents that create Redevelopment Rights in favor of the
Agency, except as provided otherwise in this Release,
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the former
Redevelopment Agency of the City of Redlands as follows
Section 1 Successor Agency releases the title to the Property from all provisions,
covenants, conditions, and restrictions set forth in the Agency Documents except as provided in
the following Section 2 of this Resolution For clanty and not in limitation of this release, such
terminated matters include (i) all nghts and powers of the Successor Agency for any reason to re-
enter and possess the Property or to cause termination of any owner's title to the Property and its
reversion to the Successor Agency and (n) all nghts and powers of the Successor Agency for any
reason to approve or consent to any sale, transfer, conveyance, assignment, lease, leaseback, or
hypothecation by any owner of the Property or any portion thereof
Section 2 As set forth in this section 2, this Release does not extinguish the following
provisions of the Agency Documents
A Regarding the Grant Deed of 1987, its paragraph 6 and its paragraphs 7, 8, and 9,
but only as to those provisions of paragraphs 7, 8, and 9 that are applicable to Paragraph 6
B Regarding the Grant Deed of 1996, its paragraphs 2, and 3
C Regarding the DDA of 1995, its Sections 4 03, 4 04, and 4 05, but only those
provisions of Section 4 05 pertaining to Sections 4 03 and 4 04
Such retained provisions are augmented by the following
D In the event that any owner, or the successors and assigns thereof, of the Property
or portion thereof violates the provisions of this Section 2, the Successor Agency, or its successors
and assigns, may institute legal or equitable action to cure, correct, or remedy a violation
E No violation of the provisions of this Section 2 by any such owner, or the successors
2
L \ca\Reso\491 Successor Agency Releasing Rights Real Property Property One.docx
DOC #2021-0106610 Page 4 of 8
and assigns thereof, will defeat or render invalid or in any way impair the hen or charge of any
mortgage, deed of trust or other financing or security instrument encumbering the Property or
portion thereof, provided, however, that any successor to an owner to the Property or portion
thereof will be bound by the provisions of this Section 2, whether such successor's title was
acquired by foreclosure, deed in lieu of foreclosure, trustee's sale, or otherwise
F The provisions of this Section 2 run with the Property and any portion thereof and
bind any owner thereof, and any owner's successors and assigns, for the benefit of the Successor
Agency, its successors and assigns
Section 3 To any extent not released in Section 1 above, the Successor Agency waives
and foregoes any junsdiction it may have under the Agency Documents or the Redevelopment
Plan to regulate land use, planning, and development of the Property or any portion thereof
Hereafter, land use, planning, and development of the Property is subject to the junsdiction of the
City of Redlands ("City"), its General Plan, and any specific plan previously approved by it as to
the Property or any portion thereof
Section 4 The Property is within the Redevelopment Plan project area, but the
Redevelopment Plan does not limit the release under Section 1 above, or the City's foregoing
junsdiction
Section 5 This Release is made this 16th day of February, 2021, by the Successor Agency
to the Former Redevelopment Agency of the City of Redlands, a public entity under Section 34173,
California Health and Safety Code
Section 6 This Resolution shall take effect take effect immediately upon its adoption
ADOPTED, SIGNED AND APPROVED this 16th day o ebruary,
Paul T Barich, Chairperson
ATTEST
laig.-
rine Donaldson, Secretary
3
L \ca\Resp\49l Successor Agency Releasing Rights Real Property Property One.docx
DOC #2021-0106610 Page 5 of 8
I, Jeanne Donaldson, Secretary of the Successor Agency to the former Redevelopment
Agency of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by
the Successor Agency Board of Directors at regular meeting thereof held on the 16th day of
February, 2021, by the following vote.
AYES Boardmembers Davis, Foster, Guzman -Lowery, Tejeda, Chairman Banch
NOES
ABSENT
ABSTAIN
111
„P. Donaldson, Secretary
4
L \ca\Reso\49l Successor Agency Releasing Rights Real Property Property One.docx
DOC #2021-0106610 Page 6 of 8
EXHIBIT "A"
All that certain real property situated in the County of San Bernardino, State of California,
descnbed as follows
PARCEL NO 1 (APN 0169-281-53-0-000)
THAT PORTION OF LOT 28, BLOCK 77, RANCHO SAN BERNARDINO, IN THE CITY OF
REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT
RECORDED IN BOOK 7 OF MAPS, PAGE 2, RECORDS OF SAID COUNTY, DESCRIBED
AS FOLLOWS
BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO 4650,
RECORDED IN BOOK 53 OF PARCEL MAPS, PAGE 86, RECORDS OF SAID COUNTY,
THENCE NORTH 0° 19' 02"
WEST, PARALLEL TO AND 44 FEET DISTANT FROM THE CENTERLINE OF ORANGE
STREET, SAID 44 FEET BEING MEASURED AT RIGHT ANGLES TO SAID CENTERLINE,
62 73 FEET TO AN INTERSECTION OF THE WEST LINE OF SAID ORANGE STREET AND
THE NORTH LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO SOUTHERN
PACIFIC RAILROAD BY DEED RECORDED MAY 4, 1898, IN BOOK 250, PAGE 75 OF
DEEDS, RECORDS OF SAID COUNTY, THENCE AT RIGHT ANGLES TO THE WEST
RIGHT OF WAY LINE OF SAID ORANGE STREET SOUTH 89° 40' 58" WEST, 293 06 FEET
TO AN INTERSECTION OF SAID NORTH LINE OF THAT CERTAIN PARCEL CONVEYED
TO SOUTHERN PACIFIC RAILROAD AND THE CENTERLINE OF VACATED FOURTH
STREET, AS VACATED BY THE CITY OF REDLANDS BY RESOLUTION NO 3567,
RECORDED IN BOOK 9649, PAGE 1870, OFFICIAL RECORDS OF SAID COUNTY,
THENCE SOUTH 0° 19' 11" EAST ALONG THE SOUTHERLY PROLONGATION OF THE
CENTERLINE OF SAID VACATED FOURTH STREET, 61 69 FEET TO A POINT ON THE
NORTH LINE OF PARCEL NO 1 OF SAID PARCEL MAP NO 4650, THENCE NORTH 89°
53' 38" EAST ALONG THE NORTH LINE OF SAID PARCEL NO 1 AND PARCEL NO 2 OF
SAID PARCEL MAP NO 4650, 293 06 FEET TO THE POINT OF BEGINNING
EXCEPT THEREFROM THAT PORTION LYING BELOW A DEPTH OF 500 FEET,
MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE OF SAID
PROPERTY, GRANTOR, OR ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE
RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE
SURFACE OF SAID PROPERTY OR ANY PART THEREOF, LYING BETWEEN SAID
SURFACE AND 500 FEET BELOW SAID SURFACE, AS RESERVED BY THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY, A DELAWARE CORPORATION, IN THE DEED
RECORDED JUNE 19, 1986, INSTRUMENT NO 86-160178, OFFICIAL RECORDS
DOC #2021-0106610 Page 7 of 8
PARCEL NO 2 (APN 0169-281-51-0-000)
THAT PORTION OF LOT 28, BLOCK 77 OF THE RANCHO SAN BERNARDINO, IN THE
CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE WEST LINE OF ORANGE STREET, WHICH SAID
POINT IS 342 25 FEET NORTH AND 10 FEET WEST OF THE SOUTHEAST CORNER OF
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTH 1/2 OF SAID LOT 28, THENCE
NORTH ON THE WEST LINE OF SAID ORANGE STREET, 60 FEET, THENCE WEST 320
FEET, THENCE SOUTH 60 FEET, THENCE EAST 320 FEET TO THE POINT OF
BEGINNING
EXCEPT THE WEST 25 FEET THEREOF
PARCEL NO 3 (APN 0169-281-52-0-000)
THAT PORTION OF LOT 28, BLOCK 77 OF THE RANCHO SAN BERNARDINO, IN THE
CITY OF REDLANDS, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS
PER PLAT RECORDED IN BOOK 7, PAGE 2 OF MAPS, RECORDS OF SAID COUNTY,
DESCRIBED AS FOLLOWS
BEGINNING AT A POINT ON THE WEST LINE OF ORANGE STREET, WHICH SAID
POINT IS 242 25 FEET NORTH AND 10 FEET WEST OF THE SOUTHEAST CORNER OF
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTH 1/2 OF SAID LOT 28, THENCE
NORTH ON THE WEST LINE OF SAID ORANGE STREET, 60 FEET, THENCE WEST 320
FEET, THENCE SOUTH 100 FEET, THENCE EAST 320 FEET TO THE POINT OF
BEGINNING
EXCEPT THE WEST 25 FEET THEREOF
PARCEL NO 4 (APN 0169-281-46-0-000)
PARCEL 3 OF PARCEL MAP NO 14891, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 181,
PAGES 86, 87 AND 88 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY
PARCEL 5 (APN 0169-272-29)
PARCEL 1 OF PARCEL MAP NO 14891, IN THE CITY OF REDLANDS, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 181,
PAGES 86, 87 AND 88 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY
DOC #2021-0106610 Page 8 of 8
EXCEPTING THEREFROM A PORTION THEREOF LYING A DEPTH OF 500 FEET,
MEASURED VERTICALLY FROM THE CONTOUR OF THE SURFACE THEREOF,
PROVIDED, HOWEVER, THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL
NOT HAVE THE RIGHT FOR ANY PURPOSE WHATSOEVER TO ENTER UPON, INTO OR
THROUGH THE SURFACE OF THE PARCELS HEREIN GRANTED OR ANY PART
THEREOF LIVING BETWEEN SAID SURFACES AND 500 FEET BELOW SAID
SURFACES, AS RESERVED IN THE DEED RECORDED JUNE 27, 1975 IN BOOK 8709,
PAGE 285, OFFICIAL RECORDS
ALSO EXCEPTING FROM A PORTION OF SAID LAND ALL MINERALS AND MINERAL
RIGHTS, INTERESTS, AND ROYALTIES, INCLUDING WITHOUT LIMITING THE
GENERALITY THEREOF, OIL, GAS, AND OTHER HYDROCARBON SUBSTANCES, AS
WELL AS METALLIC OR OTHER SOLID MINERALS, LYING BELOW A PLANE 500 FEET
BELOW THE SURFACE OF SAID PROPERTY, HOWEVER, GRANTOR OR ITS
SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT FOR ANY PURPOSE
WHATSOEVER TO ENTER UPON, INTO OR THROUGH THE SURFACE OF SAID
PROPERTY IN CONNECTION THEREWITH, AS RESERVED IN THE DEED RECORDED
SEPTEMBER 30, 1987, AS INSTRUMENT NO 87-350672, OFFICIAL RECORDS
APN 0169-281-51, 0169-281-53, 0169-281-46, 52, 0169-272-29