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Home My WebLink About2021-041 - Resolution RESOLUTION NO. 2021-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, RANCHO CUCAMONGA, CALIFORNIA, APPROVING COVENANTS AND RESTRICTIONS ON REAL PROPERTY PURSUANT TO GOVERNMENT CODE SECTION 54233 FOR THAT REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF HAVEN AVENUE AND CIVIC CENTER DRIVE WHEREAS, the City of Rancho Cucamonga ("City") 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 consists of two vacant parcels at the northwest corner of Haven Avenue and Civic Center Drive, which the City is no longer expected to use or need as of January 1, 2021; and WHEREAS, City staff has evaluated the Property for its potential to be used for City work or operations after the City discontinues use of the Property; and WHEREAS, City staff has determined that the Property is not suitable for the City's use after the City discontinues use of the Property; and WHEREAS, the City Council has previously adopted Resolution 2020-131, declaring that the Property is surplus land and not necessary for the City's use; and WHEREAS, in December of 2020 the City 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 CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. The City Council hereby approves the Covenants and Restrictions for Real Property, attached as Exhibit B. Section 3. The officers and staff of the City 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 City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, and ADOPTED this 2"d day of June 2021. -)AWWA nnis Mi hael, Mayor ATTEST: ( -Q&4to�x e. ice C. Reynolds, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 2"d day of June 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 31 day of June, 2021, at Rancho Cucamonga, California. nice C. Reynolds, Cit Clerk Resolution No. 2021-041 — Page 2 of 5 Exhibit A Legal Description ForAPN/Parcel ID(s): 0208-331-40-0-000 and 0208-331-47-0-000 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 2 OF TRACT NO. 16179, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 301, PAGES 34 TO 39 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: LOTS 3 AND 4 OF TRACT MAP NO. 16179, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNADINO, STATE OF CALIFORNIA, PER SUBDIVISION MAP RECORDED IN BOOK 301, PAGES 34 TO 39, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT THE NORTHEASTERLY-MOST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE WESTERLY RIGHT-OF-WAY LINE OF HAVEN AVENUE, HAVING A HALF-WIDTH OF 67 FEET, SOUTH 000 27' 54" EAST A DISTANCE OF 209.72 FEET; THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY OF SAID HAVEN AVENUE, SOUTH 900 00' 00" WEST A DISTANCE OF 129.41 FEET TO A NON-TANGENT CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 378.50 FEET, A RADIAL TO SAID POINT BEARS SOUTH 690 23' 02" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 170 58' 07"A DISTANCE OF 118.70 FEET TO A COMPOUND CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 50.50 FEET, A RADIAL TO SAID POINT BEARS SOUTH 870 21' 09" EAST; THENCE NORTHERLY AND NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 490 21' 01"A DISTANCE OF 43.50 FEET TO A REVERSING CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 1.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 430 17' 50" EAST; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 880 33' 19" A DISTANCE OF 1.55 FEET; THENCE NORTH 410 51' 09" EAST A DISTANCE OF 16.71 FEET; THENCE NORTH 00° 00' 00" EAST A DISTANCE OF 40.99 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 4; THENCE ALONG SAID NORTHERLY BOUNDARY OF SAID LOT 4 NORTH 900 00' 00" EAST A DISTANCE OF 108.59 FEET TO THE POINT OF BEGINNING. SAID LAND IS SHOWN AND DESCRIBED AS PARCEL "B" IN THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. 599 OF THE CITY OF RANCHO CUCAMONGA, RECORDED DECEMBER 8, 2006, AS INSTRUMENT NO. 2006-0848028, OFFICIAL RECORDS. Resolution No. 2021-041 — 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 0208-331-47 APN 0208-331-40 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 City of Rancho Cucamonga("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 the California Health and Safety Code. Rental units shall remain affordable to and occupied by Resolution No. 2021-041 — Page 4 of 5 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. City of Rancho Cucamonga). 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. E . CITY N CU AMONGA John Gillison, City Manager ATTEST: Resolution No. 2021-041 — 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 1 County of Saa �et�rd4'A0 J} On 0(0 /0 1:X before me, m'� !�f to rp U►'G 1 4I��G �y� l Date HHe�re-IInns�e Name and Title of the Officer personally appeared J W►P1 •L"_1 i 11 isoti Nome(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 that6/sp�executed the same in 14erfthetr authorized capacity(ies), and that by I her,„#;*signature(e-on the instrument the person(*, or the entity upon behalf of which the person(g'acted, executed the instrument. I certify under PENALTY OF PERJURY under the JASAtIIi EAIIPERA7fiIZ AZAHA8E5 ORIEL laws of the State of California that the foregoing o. Notary Public-California z paragraph is true and correct. Rrs = San Bernardino County is Commission#2260286 WITNESS my hand and officia eal. `�" •* My Comm.Expires Sep 28,2022 Signatur Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIO L Completing this information can d ter alt ation of the document or fraudulent reattachment of this to an unintended document. Description of Attached Document _,4010208-33i''"4-7 � — -yo Title or Type of Document: IN 0�0 3,Co�'enan'1i r= �er�fi�:az�1S ri �' �aer9�l 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: 02017 National Notary Association