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 › Section 20424 - Facility Dedicated to Direct Public Library Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.