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HomeMy WebLinkAbout2004-0371 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. 2004-37 RESOLUTION OF THE CITY OF SAN BERNARDINO CONFIRMING FAIR KET VALUE AND MINIMUM SALE PRICE FOR CERTAIN CITY OWNED L PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF LE LEAGUE DRIVE AND THE I-215 FREEWAY FRONTAGE ROAD IN SAID ' AND GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS THE SALE OF SAID PROPERTY. WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the described parcel of real property, generally located at the northwest corner of Little Drive and the I-215 Freeway Frontage Road in the City of San Bernardino, State of and WHEREAS, said real property is generally described as approximately 4.99 acres of land known as Assessor's Parcel Number 0261-171-06, and more fully described in ibit "A", attached hereto and made a part hereof, and WHEREAS, by Resolution No. 2001-236, adopted on July 23, 2001, the Mayor and Council of said City found and determined that there is no further need or necessity for City's ownership of said real property and declared same as surplus property. WHEREAS, by said Resolution No. 2001-236, the amount of One Hundred Twenty-four Dollars ($124,000) was established as the fair market value of said real property. WHEREAS, on October 10, 2003, a new appraisal was prepared by Smothers Appraisal, ining the value of said parcel in the amount of Ninety Thousand Dollars ($90,000). A 231 1copy of said Appraisal is on file in the Development Services Department of said City. 25 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY SAN BERNARDINO AS FOLLOWS: SECTION 1. Notice is hereby given inviting competitive sealed and oral bid proposals 27 for the disposition of the following parcels of real property, more particularly described in and 28 01/12/04 1 2004-37 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF LITTLE LEAGUE DRIVE AND THE 1 1-215 FREEWAY FRONTAGE ROAD AND GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID PROPERTY 2 3 subject to the terms of Bid Specification No. 15.05-215B, a copy of which is attached hereto as 4 Exhibit "A" and made a part hereof, and also on file in the Development Services Department, 51 keal Property Section, City Hall, 300 North "D" Street, San Bernardino, California, generally 7 71-06 as follows: Approximately 4.99 acres of vacant land located on the northwest corner of Little League Drive and the I-215 Freeway Frontage Road, also known as Assessor's Parcel No. 0261- 1111 SECTION 2. The fair market value and the minimum acceptable bid amount for said is Ninety Thousand Dollars ($90,000) and is hereby established as the fair market value 131 �Of said parcel of real property. 1511 SECTION 3. Sealed bid proposals must be accompanied by a cashier's check in an equal to 10% of the bid amount. 1711 SECTION 4. Sealed bids must be delivered to the office of the Director of Development Real Property Section, Third Floor, City Hall, 300 North "D" Street, San Bernardino, prior to 2:00 P.M., February 19, 2004, at which time said sealed bids will be opened 211 hand publicly declared. The results of said bidding shall be submitted to the Mayor and Common on March 15, 2004, at the hour of 4:00 P.M. or as soon as possible thereafter. At that oral bids may be received in at least $100 increments for the outright purchase of said W 12/04 of real property, provided that the initial oral bid shall be an amount not less than the sealed bid plus 10%. The successful bidder shall make a non-refundable deposit with the 2 2004-37 RESOLUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF LITTLE LEAGUE DRIVE AND THE 1 I-215 FREEWAY FRONTAGE ROAD AND GIVING NOTICE INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF SAID PROPERTY 2 3 City Clerk in the form of a cashier's check, prior to the end of the meeting or within 2 hours of 4 awarding the bid, whichever shall occur later, in an amount equal to 10% of the bid amount. 5 SECTION 5. Copies of the Bid Specifications and Official Bid Form may be obtained 6 from the Department of Development Services, Real Property Section, City Hall, Third Floor, 7 8 300 North "D" Street, San Bernardino, California, 92418. 9 SECTION 6. All written bid proposals must be signed, sealed and delivered as indicated 10 in Section 4. No bid proposal will be considered which fails to offer a sum equal to or greater 11 than the minimum acceptable bid price established herein, or which is filed at a later time or at a 12 ifferent place than stated in Section 4, unless there is substantial compliance as determined by 13 14 he Mayor and Common Council in their sole discretion. The Mayor and Common Council may 15 consider terms for any portion of the bid amount and will give consideration to all factors, 16 including amount and length of terms and interest rate to be paid, in determining the successful 171 (bidder. The amount to be carried by the City shall be secured by a Note and Deed of Trust or 181 other instrument acceptable to the City. In the event of two or more equal bids, the Mayor and Council reserve the right to select the bid based on the most favorable terms. The 2111ayor and Common Council reserve the right to reject any and all bids submitted. The Mayor 27 i -1 Common Council also reserve the right to make, in their sole discretion, a determination as whether or not said parcel shall be sold. SECTION 7. This resolution shall be posted on or near the door of the Council City Hall, San Bernardino, California, for at least five (5) consecutive days prior to date set for the opening of bids and a Notice Inviting Bids for the disposition of said property 11/12/04 3 2004-37 1 2 3 4 5 6 7 8 it] 17 18 19 20 21 22 23 24 25 26 27 28 ILUTION ESTABLISHING FAIR MARKET VALUE AND MINIMUM SALE PRICE FOR CITY 'ERTY LOCATED AT THE NORTHWEST CORNER OF LITTLE LEAGUE DRIVE AND THE FREEWAY FRONTAGE ROAD AND GIVING NOTICE INVITING COMPETITIVE SEALED AND BIDS FOR THE SALE OF SAID PROPERTY be published not less than ten (10) days prior to said bid opening date in the San Bernardino Sun, a newspaper of general circulation published and circulated in said City. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Council of the City of San Bernardino at a joint regular on the 2nd day of February AYES NAYS x VILLE x foregoing resolution is hereby approved this roved as to form legal content: LAMES F. PENMAN ity A torney y: 111 i0 4 meeting thereof 20 04 , by the following vote, to ABSTAIN ABSENT 2C-A� /,� C-� 4A-� City Jerk of February 20 04 11`FT-VALLE,S, Ma of San Bernardino 2004-37 SPECIFICATION NO. 15.05-215B NOTICE OF SALE OF REAL PROPERTY: VACANT PARCEL LOCATED ON THE NORTHWEST CORNER OF LITTLE LEAGUE DRIVE AND THE I-215 FRONTAGE ROAD IN THE CITY OF SAN BERNARDINO REQUIREMENTS OF BIDDING AND SALE NOTICE IS HEREBY GIVEN inviting sealed bids for the sale of City owned property, as authorized by action of the Mayor and Common Council of the City of San Bernardino. 1. LOCATION AND DESCRIPTION OF PARCEL TO BE SOLD: (A) Parcel Location: The subject parcel consists of approximately 4.99 acres of VACANT land, generally known as Assessor's Parcel No. 0261-171-06. A vicinity map of the general area is attached as Exhibit 1. A plat map showing parcel details is attached as Exhibit 2 along with a full legal description, attached as Exhibit 3 (B) Zoning and Use: The subject parcel is currently zoned as RL - Residential Low (3.1 units/acre). Present land use is vacant and is located in Flood Zone designation AE. (C) Condition of Property: The subject property is being sold "AS -IS". 2. MINIMUM BID: The minimum acceptable bid (net of any broker fees), determined to be the fair market value is $90,000.00. 3. INSPECTION: The subject parcels may be inspected by any potential bidders at will. 4. SEALED BIDS: Sealed bids for each parcel of real property shall be submitted on the Official Bid Form(s) attached as Exhibit 4. Said sealed bid shall be received in the Real Property Section, Development Services Department, Third Floor, City Hall, 300 North "D" Street, San Bernardino, California, until EXHIBIT "A" 2004-37 the hour of 2:00 p.m., February 19, 2004, at which time all bids received will be publicly opened and declared. All bids must be accompanied by a cashier's check in an amount of at least TEN PERCENT (10%) of the total amount bid. The results of said bidding shall be submitted to the Mayor and Common Council at a regularly scheduled meeting on March 15, 2004, at the hour of 4:00 p.m. or as soon as possible thereafter. 5. ORAL BIDS: Oral bids may be made at the Council Meeting stated above. Oral bids may be received in $100 increments for the outright purchase of the property, provided that the initial oral bid shall be an amount not less than the highest sealed bid plus TEN PERCENT (10%). In the event of a successful oral bid, a cashier's check in an amount of at least TEN PERCENT (10%) of the bid amount shall be deposited with the City Clerk prior to the end of said meeting or within two hours of awarding the bid, whichever shall occur later. 6. UNSUCCESSFUL BIDS: All bid deposits of unsuccessful bidders will be promptly returned, without interest, after determination of the successful bidder by the Mayor and Common Council, or upon rejection of all bids. 7. REJECTION OF BIDS: The Mayor and Common Council shall have the right to reject any and all bids. 8. SUCCESSFUL BIDDER: The City may consider terms for any portion of the bid amount and will give consideration to all factors, including amount and length of terms and interest rate to be paid, in determining the successful bidder. The amount to be carried by the City shall be secured by a Note and Deed of Trust or other instrument acceptable to the City. In the event of two or more equal bids, the City reserves the right to select the bid based on the most favorable terms. The successful bidder will be 2 2004-37 determined by the Mayor and Common Council after all facts are considered. The successful bidder will be required to execute a mutually acceptable Purchase Agreement and to enter into escrow within THIRTY (30) days after the adoption of a Resolution authorizing the execution of said Purchase Agreement with the successful bidder, or as may otherwise be mutually agreed upon by the City and the successful bidder. The escrow instructions for each successful bidder, or bidders, shall include, but not be limited to : A. The recording of the Grant Deed from the City, and the closing of escrow within SIXTY (60) days of entering into escrow, or as otherwise mutually agreed upon by the City and the successful bidder, hereinafter referred to as "buyer". B. The buyer shall deposit the entire amount bid for the property, plus the amounts necessary as outlined in Paragraph C and D below, less the bid deposit amount, within said escrow period. C. Escrow, title policy and all other fees and closing costs shall be divided between the City and the buyer, as may be customary, or as otherwise agreed upon by the City and the buyer. D. Broker's Commission, if any, shall be paid in its entirety by the buyer, over and above the bid amount. E. In the event of any failure by the buyer to execute and complete escrow instructions, and any compliance thereto, including the deposit of the balance of the purchase price and related escrow fees, within the allotted time, the deposit made by the buyer shall be retained by the City as liquidated damages, and not as a penalty in the event of any failure on the part of the buyer. 3 2004-37 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION indicates un—incorporated areas within Citv's Sphere of Influence VICINITY MAP EXHIBIT 1 Proposed sale of City property located at the northwest corner of the 1-215 Frontage Road and Little League Drive I File No.: /s os_zr,- I Created by: I Date:,l,yoy I 2004-37 LEGAL DESCRIPTION FOR CITY OWNED PROPERTY LOCATED ON THE NORTHWEST CORNER OF LITTLE LEAGUE DRIVE AND THE I-215 FRONTAGE ROAD APN 0261-171-06 THAT PORTION OF THE FOLLOWING DESCRIBED PARCEL LYING NORTHERLY AND WESTERLY OF THAT PARCEL CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED OCTOBER 24, 1957, IN BOOK 4353, PAGE 308, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, SAID PARCEL BEING DESCRIBED AS FOLLOWS: THAT PORTION OF BLOCK 83, IRVINGTON LAND AND WATER COMPANY SUBDIVISION, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 OF RECORD OF SURVEYS, PAGE 32, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTERLINE OF CYPRESS AVENUE, WHICH IS SOUTH 27° 39' 40" WEST, 100.00 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF IRVINGTON AVENUE; THENCE AT RIGHT ANGLES, NORTH 62 ° 20' 20" WEST, A DISTANCE OF 344.47 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 2000 FEET, AN ARC DISTANCE OF 135.63 FEET TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANT NORTHWESTERLY AT RIGHT ANGLES 480.00 FEET FROM THE CENTERLINE OF SAID CYPRESS AVENUE; THENCE SOUTH 270 39' 40" WEST, A DISTANCE OF 726.57 FEET, MORE OR LESS, PARALLEL WITH THE CENTERLINE OF SAID CYPRESS AVENUE, TO A POINT ON THE NORTHEASTERLY LINE OF TRACT NO. 3401, HIGHWAY ACRES, AS PER PLAT RECORDED IN BOOK 46 OF MAPS, PAGE 94, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING 480.00 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF SAID CYPRESS AVENUE; THENCE ALONG THE NORTHEASTERLY LINE OF SAID TRACT NO. 3401, SOUTH 460 46, 50" EAST, A DISTANCE OF 91.86 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT NO. 3401; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID TRACT NO. 3401, SOUTH 27° 39' 40" WEST, A DISTANCE OF 153.38 FEET TO A POINT WHICH IS NORTHEASTERLY 361.5 FEET AT RIGHT ANGLES FROM THE SOUTHWESTERLY LINE OF SAID BLOCK 83; THENCE PARALLEL WITH SAID SOUTHWESTERLY LINE, SOUTH 62° 20' 20" EAST, A DISTANCE OF 391.5 FEET, TO THE CENTERLINE OF SAID CYPRESS AVENUE; THENCE ALONG SAID CENTERLINE NORTH 270 39' 40" EAST, A DISTANCE OF 907.70 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. CONTAINS 4.99 ACRES M/L. EXHIBIT 3 2004-37 CITY OF SAN BERNARDINO REAL PROPERTY SECTION OFFICIAL BID FORM - SALE OF REAL PROPERTY LOCATION OF PROPERTY BEING SOLD: VACANT LAND ON THE NORTHWEST CORNER OF LITTLE LEAGUE DRIVE AND THE 1-215 FRONTAGE ROAD ( APN 0261-171-06) PER SPECIFICATION NO. 15.05-215B In compliance with Specification No. 15.05-215B, concerning the sale of the above City -owned property, the following bid is submitted: Dollars ($ ), payable as follows: $ to be deposited into escrow prior to close of escrow, and the balance to be paid as follows: [] annual [] monthly payment(s) of $ plus interest at the rate of % per annum on the unpaid balance. Attached is a cashier's check payable to the CITY OF SAN BERNARDINO, in an amount equal to at least ten percent (10%) of the above bid, which I understand will be returned without interest if I am not the successful bidder as determined by the Mayor and Common Council of the City of San Bernardino. Submission of this bid signifies that 1 understand and concur with the provisions outlined in Specification No. 15.05-215B and that I understand the subject property is being sold in an "AS -IS" condition. PRINTED NAME OF BIDDER SIGNATURE MAILING ADDRESS TELEPHONE NO. CITY, STATE, ZIP CODE Sealed bids, submitted on this official Bid Form, will be received until 2:00 p.m., February 19, 2004, in the Real Property Section, Development Services Department, 3rd Floor, City Hall, 300 N. "D" Street, San Bernardino, California, 92418, at which time they will be publicly opened, examined and declared. NOTE: BIDS WILL NOT BE ACCEPTED UNLESS ALL BLANKS HAVE BEEN FILLED IN. ALL SEALED BIDS MUST HAVE THE FOLLOWING INFORMATION ON THE LOWER LEFT-HAND CORNER OF THE BID ENVELOPE: SEALED BID SALE OF CITY PROPERTY SPECIFICATION NO. 15.05-215B PARCEL ONE EXHIBIT 4