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HomeMy WebLinkAboutFD 2021-011 - Resolution RESOLUTION NO. FD 2021-011 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA APPROVING COVENANTS AND RESTRICTIONS ON REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 54233 FOR THAT REAL PROPERTY LOCATED AT 9612 SAN BERNARDINO ROAD WHEREAS, the Rancho Cucamonga Fire Protection District("District") is the owner in fee simple of that certain real property described in Exhibit "A," attached hereto and made a part of hereof("Property"); and WHEREAS, the Property is vacant property located at 9612 San Bernardino Road, which the District is no longer expected to use or need as of July 31, 2021; and WHEREAS, District staff has evaluated the Property for its potential to be used for District work or operations after the District discontinues use of the Property; and WHEREAS, District staff has determined that the Property is not suitable for the District's use after the District discontinues use of the Property; and WHEREAS,the Fire Board has previously adopted Resolution FD2020-024, declaring that the Property is surplus land and not necessary for the District's use; and WHEREAS, in December of 2020 the District sent written notices of availability of the Property to certain designated entities, but negotiations did not result in the sale of the Property; NOW, THEREFORE, THE FIRE DISTRICT BOARD OF DIRECTORS HEREBY RESOLVES AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The Fire District Board of Directors hereby approves the Covenants and Restrictions for Real Property, attached as Exhibit B. Section 3. The officers and staff of the District are hereby authorized, jointly and severally, to do all things which they may deem necessary or proper to effectuate the purposes of this Resolution, and any such actions previously taken are hereby ratified and confirmed. Such actions include negotiating in good faith in accordance with the requirements of the Act with any of the Designated Entities that submit a written notice of interest to purchase or lease the Property in compliance with the Act. Section 4. The Clerk of the Board shall certify to the adoption of this Resolution. Resolution No. FD2021-011 - Page 1 of 5 PASSED, APPROVED AND ADOPTED this 211 day of June, 2021. 6/0e rtrls Michael, Pr sider ATTEST: Lam. anice C. Reynolds, derk I, JANICE C. REYNOLDS , SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 2nd day of June 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this V day of June, 2021, at Rancho Cucamonga, California. Lam• A&� anice C. Reynolds, Cerk Resolution No. FD2021-011 - Page 2 of 5 Exhibit A Legal Description The Land referred to herein below is situated in the unincorporated area of the County of San Bernardino, State of California, and is described as follows: PARCEL "A" AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 235, AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 10, 1986 AS INSTRUMENT NO. 86-261471 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP, 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS THE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE CUCAMONGA RANCHO, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF OLD SAN BERNARDINO ROAD, SO- CALLED, (BEING THE ROAD DESCRIBED AS LEADING EASTERLY FROM THE SCHOOL HOUSE IN CUCAMONGA) 488 FEET WEST FROM THE WEST LINE OF ARCHIBALD AVENUE; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARCHIBALD AVENUE 150 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF OLD SAN BERNARDINO ROAD, 126.72 FEET, MORE OR LESS, TO THE WEST LINE OF THE LAND CONVEYED TO JOHN D. MAC PHERSON AND WIFE, BY DEED DATED APRIL 5, 1945 AND RECORDED APRIL 21, 1945, IN BOOK 1763, PAGE 282 OFFICIAL RECORDS; THENCE SOUTH 00 10' WEST, 150 FEET TO THE SOUTHWEST CORNER OF SAID MAC PHERSON LAND; THENCE EAST ALONG THE NORTH LINE OF OLD SAN BERNARDINO ROAD TO THE POINT OF BEGINNING. EXCEPTING THE WEST 30 FEET THEREOF FOR ROAD PURPOSES. For conveyancing purposes only: APN 0208-131-83 Resolution No. FD2021-011 - Page 3 of 5 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga Attn: City Clerk 10500 Civic Center Drive Rancho Cucamonga, CA 91730 RE: APN 0208-131-83 Exempt from recording fees pursuant to Government Code Section 6103. (Space above for Recorder's use.) COVENANTS AND RESTRICTIONS FOR REAL PROPERTY (per Government Code Section 54233) These COVENANTS AND RESTRICTIONS FOR REAL PROPERTY is executed as of June 2, 2021,by the Rancho Cucamonga Fire Protection District ("Owner"). RECITALS WHEREAS, Owner is the owner of certain real property located in the City of Rancho Cucamonga, County of San Bernardino, California as is described in the legal description in the attached and incorporated Exhibit A ("the Property"); WHEREAS, Assembly Bill 1486 amended the Surplus Land Act (Government Code Section 54220 et. seq.) and created new obligations before a local agency may dispose of surplus land; WHEREAS, the Surplus Land Act designates the California State Department of Housing and Community Development("HCD")with oversight with respect to a local agency's compliance with the Surplus Land Act; and WHEREAS,HCD requires that certain affordability covenants and restrictions be recorded against surplus land as set forth in Government Code Section 54233 prior to its disposition. NOW, THEREFORE, in consideration of the foregoing, the Owner declares as follows: A. If ten(10)or more residential units are developed on the property described on Exhibit "A" attached hereto then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at an affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower-income households, as defined in Section 50079.5 of Resolution No. FD2021-011 - Page 4 of 5 the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower-income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower-income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision(c) of 65915 of the California Government Code. B. These requirements shall be covenants and restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in- interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. C. The Restrictions and Covenants set forth herein are intended not to merge into the Owner's fee simple title to the Property,but become effective when the Property is conveyed by the current Owner(i.e. Rancho Cucamonga Fire Protection District). IN WITNESS WHEREOF,the undersigned has caused this Covenants and Restrictions for Real Property to be signed by its duly authorized representatives, as of the day and year first above written. OWNER: RANCHO CUCAMONGA FIRE PRO T I John Gillison, City Manager ATTEST: Resolution No. FD2021-011 - Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of 5�A �/IAPLY��I J} On 0( 10'T 12021 before me, �ASn►k1 '�M,wt-ara. 74z,, u lJ,,t'ej . P wi, ✓Vo,citYl Date Here Insert Name and Title of the Officer personally appearediSC�R- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(whose name /are subscribed to the within instrument and acknowledged to me that( e� y executed the same in t�erfheiF- authorized capacity(ies), and that by4 herfthreir-Signature(*on the instrument the person(st, or the entity upon behalf of which the persor+(,3) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing E..o:F JASMIotaryP blic-TRIZ ZAHforniaARES IEi is true and correct. Notary Public-California paragraph `= tee San Bernardino County Commission#2260286 V WITNESS my hand and offic' I seal. r`""`°"" My Comm.Expires Sep 28,2022 r .+ �. Signat Place Notary Seal and/or Stamp Above Signature o otary Public OPTIO AL Completing this information can de r al ation of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document n *N Q���131 �3 Title or Type of Document: +S �nfi>la"f sae d `7' Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: C2017 National Notary Association RECORDED COVENANTS AND RESTRICTIONS FOR REAL PROPERTY 6/14/2021 Batch 10614565 Confirmation Electronically Recorded in Official Records County of San Bernardino Bob Dutton RECORDING REQUESTED BY, AND WHEN Assessor-Recorder-County Clerk RECORDED MAIL TO: DOC# 2021-0266219 City of Rancho Cucamonga 06/11/2021 Titles:1 Pages:4 Attn: City SAN Clerk SAN AM Fees $0.00 10500 Civic Center Drive Taxes $0.00 Rancho Cucamonga, CA 91730 14311 CA SB2 Fee $0.00 Total $0.00 RE: APN 0208-131-83 Exempt from recording fees pursuant to Government Code Section 6103. (Space above for Recorder's use.) COVENANTS AND RESTRICTIONS FOR REAL PROPERTY (per Government Code Section 54233) These COVENANTS AND RESTRICTIONS FOR REAL PROPERTY is executed as of June 2, 2021,by the Rancho Cucamonga Fire Protection District("Owner"). RECITALS WHEREAS, Owner is the owner of certain real property located in the City of Rancho Cucamonga, County of San Bernardino, California as is described in the legal description in the attached and incorporated Exhibit A("the Property"); WHEREAS, Assembly Bill 1486 amended the Surplus Land Act (Government Code Section 54220 et. seq.) and created new obligations before a local agency may dispose of surplus land: WHEREAS,the Surplus Land Act designates the California State Department of Housing and Community Development("HCD")with oversight with respect to a local agency's compliance with the Surplus Land Act; and WHEREAS,HCD requires that certain affordability covenants and restrictions be recorded against surplus land as set forth in Government Code Section 54233 prior to its disposition. NOW; THEREFORE,in consideration of the foregoing,the Owner declares as follows: A. If ten(10)or more residential units are developed on the property described on Exhibit"A" attached hereto then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at an affordable housing cost,as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code,to lower-income households,as defined in Section 50079.5 of https://gs.secure-recording.com/Batch/Confirmation/l 0614565 the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower-income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower-income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code. B. These requirements shall be covenants and restrictions running with the land and shall be enforceable against any owner who violates a covenant or restriction and each successor-in- interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. C. The Restrictions and Covenants set forth herein are intended not to merge into the Owner's fee simple title to the Property,but become effective when the Property is conveyed by the current Owner(i.e. Rancho Cucamonga Fire Protection District). IN WITNESS WHEREOF,the undersigned has caused this Covenants and Restrictions for Real Property to be signed by its duly authorized representatives, as of the day and year first above written. OWNER: RANCHO CUCAMONGA FIRE PROT IN DISTRI�T John Gillison, City Manager ATTEST: i r f F CALIIFORHIF FILL-RURPOS—I_E F.CK1H0 &EDGFAlEMT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San-Be"Aae l� �fn b On /Off fZoZi before me, ASnn °E/y�oer r:z AaoAru 0 u6E (s Date Here Insert Name and Title of the Officer personally appeared _ L o__: , R•Q1k Z�,&'r- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(sj whose name($) /are subscribed to the within instrument and acknowledged to me that sheAhey executed the same in it is:her-fthei-r authorized capacity(ies), and that by�Wherftfteir-signature(s)-on the instrument the person(s); or the entity upon behalf of which the persons M acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing c E�°�, JASMIN EMPERATRIZAZAHARES ORIEL @ 1� .`s" Notary Public-California E paragraph is true and correct. i = San Bernardino County Commission#2260286 WITNESS my hand and official seal. z Y`""'°`"� My Comm.Expires Sep 28,2022 •r Sig n at Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIO AL Completing this information can de eer alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document � � IN 131 — 23 Title or Type of Document: 4 I Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association Exhibit A Legal Description The Land referred to herein below is situated in the unincorporated area of the County of San Bernardino, State of California, and is described as follows: PARCEL "A" AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT NO. 235, AS EVIDENCED BY DOCUMENT RECORDED SEPTEMBER 10, 1986 AS INSTRUMENT NO. 86-261471 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP, 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS THE LINES OF THE GOVERNMENT SURVEY MAY BE EXTENDED ACROSS THE CUCAMONGA RANCHO, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF OLD SAN BERNARDINO ROAD, SO- CALLED, (BEING THE ROAD DESCRIBED AS LEADING EASTERLY FROM THE SCHOOL HOUSE IN CUCAMONGA) 488 FEET WEST FROM THE WEST LINE OF ARCHIBALD AVENUE; THENCE NORTH PARALLEL WITH THE WEST LINE OF ARCHIBALD AVENUE 150 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF OLD SAN BERNARDINO ROAD, 126.72 FEET, MORE OR LESS, TO THE WEST LINE OF THE LAND CONVEYED TO JOHN D. MAC PHERSON AND WIFE, BY DEED DATED APRIL 5, 1945 AND RECORDED APRIL 21, 1945, IN BOOK 1763, PAGE 282 OFFICIAL RECORDS; THENCE SOUTH 00 10' WEST, 150 FEET TO THE SOUTHWEST CORNER OF SAID MAC PHERSON LAND; THENCE EAST ALONG THE NORTH LINE OF OLD SAN BERNARDINO ROAD TO THE POINT OF BEGINNING. EXCEPTING THE WEST 30 FEET THEREOF FOR ROAD PURPOSES. For conveyancing purposes only: APN 0208-131-83