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Legal Resources | Title 5 |  T5  20424  

Facility Dedicated to Direct Public Library Service.   

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(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 m 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 m 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 m 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 cam be obtained, shall be submitted with the application prior to the State Librarian's deadline for applications.

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

Authority cited:

Education Code 19960

Reference:

Education Code 19956

Education Code 19957

Education Code 19962

Education Code 19967

(Amended by Register 90, No. 50.)