5 CA ADC § 20424


5 CCR s 20424

Cal. Admin. Code tit. 5, s 20424


CALIFORNIA CODE OF REGULATIONS
TITLE 5. EDUCATION
DIVISION 2. CALIFORNIA STATE LIBRARY
CHAPTER 2. CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOARD
ARTICLE 2. CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION PROGRAM
This database is current through 02/09/07, Register 2007, No. 6
s 20424. Facility Dedicated to Direct Public Library Service.


(a) Statement of library jurisdiction's willingness to operate. If the
proposed library facility will not be operated by the applicant, a
resolution indicating a willingness to operate the facility shall be
adopted by the governing body, or its designated officer who has been
empowered to act in its behalf that will be operating the facility after
its completion. This resolution shall be submitted with the application
prior to the State Librarian's deadline for application.

(b) Marketable record title.

(1) "Marketable record title" means that the title to the property
shall include both legal and equitable estates, shall be free from
unknown encumbrances, and shall be in a condition that an informed
and reasonable buyer, exercising reasonable care would and should
accept it,


(2) The applicant shall obtain marketable record title to the
library site, unless the library site shall be secured through a
lease or lease-purchase agreement. When the applicant owns the site,
the applicant shall provide the State Librarian with proof that the
applicant holds marketable record title to the library site.


(3) If the library site is being secured through a lease or
lease-purchase agreement, the applicant shall provide the State
Librarian with proof that the lessor holds marketable record title
to the library site.


(4) If the applicant has acquired or is acquiring a building for
the purpose of converting it into a public library, the applicant
shall obtain marketable record title to the building. The applicant
shall provide the State Librarian with proof that the applicant
holds marketable record title to the building.


(5) Proof of marketable record title shall include a preliminary
title report. The preliminary title report shall include, but not be
limited to, the following as applicable:


(A) name and addresses of all owners and their respective
interests,


(B) a description of the exact property being proposed,


(C) a statement of easements, appurtenances, encumbrances, and all
other matters of record that might impact on the use of the
property, and


(D) a plat plan or survey showing in detail the location of the
property and any easements.


(6) If exceptions to marketable record title are present, the
applicant's legal counsel shall submit a written opinion indicating
that the exceptions present do not diminish the use of the property
for a public library building or in any way diminish or limit the
state's interest in the property.


(7) Proof of marketable record title to a building and site, or
proof that marketable record title to a building and site can be
obtained, shall be submitted with the application prior to the State
Librarian's deadline for applications.


(c) State's interest recorded in the title record.

(1) When state grant fund have been provided by the California
Library Construction and Renovation Board for acquisition of or
credit for land, the grant recipient shall record in the title
record the state's interest in the land upon completion of the
project.


(2) The title record for land shall specify the state's interest by
recording that the land shall be used to provide direct public
library service for twenty years following the completion date of
the project or the useful life of the library building in place upon
it, whichever is longer, as specified in Education Code section
19967.


(3) When state grant funds have been provided by the California
Library Construction and Renovation Board for acquisition,
construction, or remodeling of a library facility, the grant
recipient shall record in the title record the state's interest in
the facility upon completion of the project.


(4) The title record for the building shall specify the state's
interest by recording that the library facility shall be used to
provide direct public library service for twenty years following the
completion date of the project or the useful life of the building,
whichever is longer, as specified in Education Code section 19967.


(d) Value determined by mutual agreement. For purposes of Education Code
section 19967, determining the value of the facility and land by mutual
agreement shall mean by use of a certified appraisal as called for in
section 20416 (d).


Note: Authority cited: Section 19960, Education Code. Reference:
Sections 19956, 19957, 19962 and 19967 Education Code.

HISTORY

1. New section filed 10-31-90; operative 10-31-90 (Register 90, No. 50).

5 CCR s 20424, 5 CA ADC s 20424
1CAC

5 CA ADC s 20424

END OF DOCUMENT

 
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