HomeMy WebLinkAbout2004-074RESOLUTION NO. 2004-74
RESOLUTION OF THE CITY OF SAN BERNARDINO
[ORIZING AND DIRECTING THE EXECUTION OF AN ACQUISITION
:EMENT WITH THE SAN BERNARDINO COUNTY FLOOD CONTROL
2ICT AND AN ACQUISITION AGREEMENT AND RIGHT OF ENTRY
[ BBC PROPERTIES, LLC, FOR CERTAIN EASEMENTS RELATIVE TO
STATE STREET STORM DRAIN PROJECT GENERALLY IN THE
1ITY OF THE SOUTHERLY EXTENSION OF STATE STREET AT BASE
STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
101 and authorized to execute on behalf of said City, an Acquisition Agreement with the San
111 IBemardino County Flood Control District, a copy of which is attached hereto as Exhibit
A", and an Acquisition Agreement and Temporary Right of Entry with BBC Properties
, a copy of which is attached hereto as Exhibit `B" and Exhibit "C" respectively, for
14
151 hhe acquisition of certain easements relative to the State Street Storm Drain Project,
16 enerally in the vicinity of the southerly extension of State Street and Base Line Street
17 SECTION 2. Said Agreement shall be null and void if either party fails to
18 execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
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2004-74
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UTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE
ITION OF AN ACQUISITION AGREEMENT WITH THE SAN BERNARDINO COUNTY FLOOD
IOL DISTRICT AND AN ACQUISITION AGREEMENT AND RIGHT OF ENTRY WITH BBC
RTIES, LLC, FOR CERTAIN EASEMENTS RELATIVE TO THE STATE STREET STORM
PROJECT GENERALLY IN THE VICINITY OF THE SOUTHERLY EXTENSION OF STATE
T AT BASE LINE STREET.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
n Council
of
the City
of
San
Bernardino at
a Joint regular meeting
held on
the
15th
day
of
march
20 04 , by the following
to -wit:
AYES NAYS
Y x
V
ON x
x
ABSTAIN ABSENT
�M4
6 ec,, .,
City lerk
0foregoing resolution is hereby approved, this ft nt day of March
roved as to form
legal content:
[AMES F. PENMAN,
�ity Attorney /�/�
--
.IUDI TI/VALLES, Mayor
Cit/of gan Bernardino
2
2004-74
ACQUISITION AGREEMENT
c/o Real Estate Services
825 East Third Street, Room 207
San Bernardino, CA 92415-0832
BUYER: City of San Bernardino WO#: F11761
PROJECT: State Street Storm Drain PARCEL: A APN: 0269-231-20; 0269-271-05
PARCEL: B APN: 0269-181-02
In consideration of the mutual covenants and agreements herein set forth, SAN BERNARDINO
COUNTY FLOOD CONTROL DISTRICT (hereinafter referred to as SELLER), agree(s) to sell and convey to the
CITY OF SAN BERNARDINO (hereinafter referred to as BUYER), and assigns, that real property (hereinafter
referred to as PROPERTY) as described in the attached deed(s) and exhibit(s) and which is (are) attached hereto and
made a part hereof. Conveyance of said PROPERTY is by easement and the PROPERTY valuation is summarized
as follows:
South side of Baseline Road
Parcel A Easement Area: 78,323.7 sf @ $0.05 x 90% _ $3,525.00
Subtotal: $3,525.00
North side of Baseline Road
Parcel B Easement Area: 7,812.3 sf @ $0.10 x 90% _ $ 703.00
Temporary Easement: 18,75 L3 sf x $0.10/sf=$ 375.00
@ 10% per annum for 2 years $ 375.00
Rounding number $ 22.00
Subtotal: $1,100.00
Total: $4,625.00
The terms and conditions of the contract are as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this agreement
constitutes the entire consideration for said PROPERTY and shall relieve the CITY OF SAN BERNARDINO and
ITS AGENT(S) of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvements.
2. BUYER agrees to pay SELLER for said PROPERTY and rights thereto the sum of $4,625.00 payable
within 120 days from the date this agreement is fully executed by both SELLER and BUYER. In the event
BUYER and/or SELLER are/is not in a position to close this TRANSACTION within the above term, SELLER and
BUYER agree to extend the TRANSACTION for another 90 days. Any extensions beyond that date will require
approval of both SELLER and BUYER in the form of a LETTER.
The foregoing AGREEMENT is hereby approved by SELLER and BUYER and hereby agree to sell and to
buy said PROPERTY and will deliver to you the papers, instruments and/or funds required within the time limit
specified herein and you are authorized to deliver said funds and documents to the appropriate parties at such time
that you can issue your policy of title insurance as set forth above. SELLER further agrees to pay any personal
property taxes properly chargeable to SELLER. You are also instructed to pay from the amount shown as the total
consideration above any other charges to which the parties have agreed.
SELLER:
COUNTYQF SAN BERN
By: Q�ed
David
Real Estate Services
BUYER:
By:
Date t7
Date �k( A(/
2004-74
8
Wednesday, July 30, 2003 /o Real Estate Services ACQUISITION CONTRACT
825 Third Street
San B Bernardino, CA 924 15-e832
Buyer: City of San Bernardino WON: N11761 APN#: 0269-181-04
Project: State Street Storm Drain Project Parcel#:
AGREEMENT
In consideration of the mutual covenants and agreements herein set forth, BBC PROPERTIES,A CALIFORNIA
GENERAL PARTNERSHIP (hereinafter referred to as SELLER), agree(s) to sell and convey to the City of San Bernardino
(tereinafier referred to as BUYER), and assigns, that real property (hereinafter referred to as PROPERTY) as described in the
attached deed(s) and cxhibit(s) and which is(are) attached hereto and made a part hereof. Conveyance of said PROPERTY is by fee
and the PROPERTY valuation is summarized as follows:
Easement Area: 39,912.2 sf@. $0.45 x 90%=
$16,164.00
Temporary Right of Entry = 97,284.1 sf x S0.45/sf @10% per annum 2 years —
$8,756.00
$80.00
Total: S25,000100
The terms and conditions of the contract are as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire
consideration for said PROPERTY and shall relieve the City of San Bernardino and its agent(s) of all further obligation or claims on
this account, or on account of the location, grade or construction of the proposed public improvements.
2. BUYER agrees to pay SELLER for said PROPERTY and rights thereto the sum of $25,000.00 payable within 90 days
from the date this agreement is fully executed by both SELLER and BUYER. In the event BUYER and/or SELLER are/is not in a
position to close this escrow within the above escrow term, SELLER and BUYER agree to extend the escrow for another 90 days.
Any extensions beyond that date will require approval of both SELLER and BUYER in the form of an Amendment to the Escrow
Instructions.
3. SELLER agrees that at the time escrow closes, the subject property will be free and clear of any and all rental/lease
agreements, written or oral, and free of any tenancy.
4. BUYER agrees to pay all normal escrow and recording fees; and the cost of a standard Policy of Title Insurance issued by
COMMERCE TITLE COMPANY. SELLER agrees to pay the cost of any and all charges and fees necessary to provide clear title to
BUYER, including but not limited to reconveyance fees, Lost Instrument Bonds and Title Insurance special endorsements as may be
necessaryto insure clear title.
5. SELLER agrees to use its best efforts to satisfy of record at or before conveying said PROPERTY and rights, all encum-
brances and special assessments which are a lien against the land, as BUYER may require. PROPERTY will be free and clear of all
encumbrances except:
a. Covenants, conditions, restrictions and reservations of record.
b. Easements or rights -of -way over said land for public or quasi -public utility or public street purposes, if any.
6. Upon recordation of the real property conveyed to BUYER, BUYER will request cancellation of the real property taxes for
the property conveyed pursuant to Section 4986, California Revenue and Taxation Code, as amended. If current taxes have not yet
been paid, SELLER shall pay through escrow or out of SELLER's proceeds, the installment applicable to the period in which escrow
Page 1 of 4
EXHIBIT "B"
2004-74 .
Wednesday, July 30, 2003 I
do Real Estate Services $li $ Third Street ACQUISITION CONTRACT
.
San Bernardino. CA 92415-0832
closes. if tuxes are not yet due and payable and the exact amount that will be due is unknown, escrow holder is hereby instructed to
withhold from SELLER's proceeds an aniount of funds equal to one hundred and ten percent (110%) of the second installment of the
most recent tax bill. Once the exact amount of the new tax bill is knowti, escrow holder will promptly pay the amount due, prior to
the delinquent date, to the County Tax Collector. Any excess funds will be returned to SELLER by the escrow holder after said
payment is made. Taxes will NOT be prorated between SELLER and BUYER in escrow. The taxing authority will notify SELLER
of any refund due SELLER resulting front the subject acquisition after a review and any subsequent proration of the property tax
assessment by the County Assessor. SELLER retains the right, following close of escrow, to apply to the County Tax Collector for
refund pursuant to Revenue and Taxation Code 5096.7.
7. SELLER agrees that BUYER may. notwithstanding the prior acceptance of this agreement, acquire title to said PROPER-
TY and rights by condemnation or other judicial proceedings, in which event SELLER agrees to cooperate with BUYER in the
prosecution of such proceedings; agrees that the consideration hereinabove stated shall be the full amount of just compensation,
inclusive of interest, for the taking of said PROPERTY and rights; agrees that the consideration recited in paragraph 2 hereof
constitutes the full amount of the purchase price for the PROPERTY and rights and shall be prorated among all persons having an
interest in this property as their respective interests may appear; and agrees that the said consideration shall be in full satisfaction of
any and all claims of SELLER for payment for the right of occupancy and use hereinafter provided for in paragraph seven (8).
8. As additional consideration for the payment of the purchase price hereinabove set forth, SELLER hereby grants to
BUYER, and assigns, the right of immediate occupancy and use of the land in which said PROPERTY is to be granted for the
purpose of exercising any of the rights being conveyed hereby in said PROPERTY from and after execution of this contract until
such time as said PROPERTY is conveyed and accepted by BUYER.
9. Ally holders of a beneficiary interest in the subject area secured by a trust deed and promissory note, will be asked to
provide a full reconveyance relinquishing their interest in the property being acquired. SELLER agrees to cooperate with BUYER,
and/or the escrow holder, in obtaining said reconveyance.
10. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and assigns of
the SELLER.
11. Ail terns and conditions with respect to this agreement are expressly contained herein and SELLER agrees that no
representative or agent of BUYER has made any representation or promise with respect to this agreement not expressly contained
herein.
12. SELLER hereby represents and warrants that during the period of SELLER ownership of the property, there have been
no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. SELLER
further represents and warrants that SELLER has no knowledge of any disposal, release, or threatened release of hazardous sub-
stances or hazardous wastes on, from, or under the property which may have occurred prior to SELLER taking title to the property.
The acquisition price of the property being acquired in this transaction reflects the fair -market value of the property without
the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which
requires mitigation under Federal or State law, BUYER may elect to recover its cleanup costs from those who caused or contributed
to the contamination.
ESCROW INSTRUCTIONS
TO: ANY RELIABLE ESCROW
BUYER agrees to purchase the PROPERTY referenced above upon the terms and conditions described in the AGREEMENT
for a total consideration of $25,000.00 and will, within 90 days from the date BUYER's signature is affixed hereto, hand you said
consideration for delivery to SELLER at close of escrow, together with any additional funds and/or instruments necessary to comply
with the terms hereof, all of which you may use when you can issue your standard coverage form policy of title insurance with
Page 2 of 4
2064-74
c/o Real Estate Services ACQU�S�T��N CONTRACT
Wednesday, July 30, 2003
s25 E. Third Street
San Bemardino, CA 92415-0932
liability not less than the amount stated as total consideration, showing title vested in the BUYER, or assigns, free of all encum-
brances, excepting those encumbrances sho)&u in Title Report number 7302698.40, dated , provided by COMMERCE TITLE
COMPANY, approved in writing by BUYER, and such other encumbrances as are approved in writing by BUYER, which approvals
shall not be unreasonably withheld. if you are not in a position to issue your standard coverage form policy of title insurance as
required hereby within 90 days from that date hereof and any extensions thereof, the AGREEMENT and this escrow shall terminate
unless extended by mutual agreement between BUYER and SELLER.
All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your
general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow
account(s). The expression "close of escrow" means the date on which the deeds conveying the PROPERTY to BUYER are record-
ed. Close of escrow shall be on or before 90 days from the date of signature hereof All adjustments are to be made on the basis of a
thirty -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of
title insurance called for, is hereby authorized. You are to furnish a copy of these instructions, amendments thereto, closing
statements and/or documents deposited in this escrow to the lenders, real estate broker(s) and/or the attorneys) involved in this
transaction upon request of such lenders, brokers, or attorneys. Should you before or after close of escrow receive or become aware
of any conflicting demands or claims with respect to this escrow or the rights of the parties hereto, or any money or property
deposited herein or affected hereby, you shall have the right to discontinue any and all further acts on your part until each conflict is
resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determi-
nation of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including but without
limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall
ipso facto be fully released and discharged from all obligations imposed on you in this escrow.
Time is declared to be the essence of these instructions. If you are unable to comply with the time specified herein and such
additional time is required to make examination of the official records, you will return all documents, money, or property to the party
entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must
be in writing. These escrow instructions and amendments hereto may be executed in one or more counterparts, each of which
independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same
instruction.
In the event Buyer, Seller, and/or assigns, utilize "Facsimile" transmitted instructions by ( panafax, telefax, etc.), Escrow
Holder is instructed to rely and act upon such instruction in the same manner as if original signed instructions amendment were in
the possession of Escrow Holder and Buyer and/or Seller herein agree to forward signed hard copies of instructions within 48 hours
of transmission. Escrow Holder shall have no liability to any party for relying upon facsimile instructions which were erroneously
transmitted to Escrow Holder. Buyer and Seller agree that when necessary to permit compliance with closing instruction, Escrow
Holder may rely on facsimile transmitted demands. Buyer and Seller further acknowledge and agree that documents necessary for
recording with non -original (facsimile) print and/or signatures will not be accepted for recording by the County Recorder, thus
delaying the close of escrow.
The obtaining or assignment of insurance shall not be handled through this escrow. Escrow holder is hereby relieved of all
liability and/or responsibility in connection with lire closing of this escrow without benefit of evidence of insurance coverage.
Parties to this transaction are aware and understand that as a result of the passage of the tax reform act of 1986 which added
Section 6045(e) to the Internal Revenue Code, the seller in this transaction is to deposit, prior to close of escrow, certain information
including all sellers' names and tax identification numbers, and that the closing of this transaction will be delayed in the event
escrow has not received same from seller prior to close of escrow. Escrow holder will forward information as required by above
Internal Revenue Code Section on forms as prescribed therein.
In order to comply with Section 1445 of the Internal Revenue Code; and Sections 18805 and 26131 of the California Revenue
and Taxation Code, Seller will complete and deposit into escrow the documents provided by the escrow holder required by the above
referenced code sections.
ANY RELIABLE ESCROW serves only as an escrow holder in connection with these instructions and cannot give legal
advice to any party hereto. Escrow holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner
of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing
the same. Escrow holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of
such instruments, or other documents received by escrow holder, and for the disposition of same in accordance with the written
Page 3 of
2004-74
' Wednesday, July 30, 2003
4 c/o Real Estate Services ACQUISITION CONTRACT
825 E. Third Street
San Bernardino, CA 92415-0832
instructions accepted by escrow holder. The agency and duties of escrow holder commence only upon receipt of copies of this
instruction executed by all parties.
At the close of escrow you are to deliver all documents, including a Conformed Copy of the recorded deeds of conveyance, to
the County of San Bernardino, Real Estate Services Department.
The foregoing AGREEMENT and ESCROW INSTRUCTIONS are hereby approved by SELLER and BUYER and hereby
agree to sell and to buy said PROPERTY and will deliver to you the papers, instruments and/or funds required within the time limit
specifieds herein; and you are authorized to deliver said funds and documents to the appropriate parties at such time that you can
issueyour policy of title insurance as set forth above. SELLER further agrees to pay any personal property taxes properly chargeable
to SELLER. You are also instructed to pay from the amount shown as the total consideration above any other charges to which the
pares have agreed.
SELLER:
&.
— M ymeo. Omoklj r-
BCProperties �pG I�LLC
vMMkr7wt
BUYER:
City of San Bernardino
BY:
BY:
Date
Date
Page 4 of 4
PROJECT NAME:
W. O. NUMBER:
PARCEL NO:
APN:
2oo4_-74
•
State Street Storm Drain Project
NI1761
0269-181-04
•
TEMPORARY RIGHT OF ENTRY
BBC PROPERTIES, a California general partnership
hereby consent(s) to permit the CITY OF SAN BERNARDINO, a body corporate and politic of the
State of California, its officers, agents and employees and persons under contract with said City and
their employees, the privilege and right to enter upon or across the property shown in red on the map
attached hereto and made a part hereof, for construction purposes:
The purpose of the temporary right of entry is for:
Construction of a storm drain
This temporary construction easement will expire upon completion of the construction project or not
later than November 1, 2005.
Hold Over Provision: The City will have the right to hold over on a month to month basis upon
expiration of the initial term of the Temporary Right of Entry at the same monetary rate as calculated
in the initial offering.
It is understood that this permission is not a waiver, in any way, of the right to compensation for
such land or of any remedy authorized by law to secure payment thereof.
It is further understood that owners shall be held harmless for any injury to construction personnel or
damage to construction equipment during the period of construction.
A
64c-
VWWT, ka , W-C
Recommended for approval by:
BY: �� /' ` -
DATA: I.:2A-41 L y
tJt -13
Date
BBC Properties Date
Approved by:
BYc
DATE:
EXHIBIT "C"
• 2004-74 •
Sheet 'I of 3
EXHIBIT "A"
That portion of Lot 185 of the Semi -Tropic Land and Water Company Subdivision, situated in
the City of Rialto, County of San Bernardino, State of California, as shown on Map on file in
Book 6, page 12 of Maps, in the Office of the County Recorder of San Bernardino County,
California, said land described in a Quitclaim Deed to BBC Properties on November 13, 1990 as
Instrument No. 90-451490, in the Office of the County Recorder of said County, described as
follows:
Parcel "A"
A strip of land 98.43 feet wide, being 32.81 feet westerly and 65.62 feet easterly of the following
described centerline:
COMMENCING at a the centerline intersection of that Base Line Road (60 feet wide) with
California Street (62 feet wide) as shown on Record of Survey 98-0106, recorded in Book 112,
pages 47 through 54 inclusive of Records of Survey, said centerline being the south line of said
Lot 185, said point being distant North 89044'41" East, 5.11 feet along said centerline from the
southeast corner of said Lot; thence South 89044'41" West, 932.71 feet along said centerline;
thence North 35"46'16" East, 203.60 feet to the beginning of a curve, concave westerly, having
a radius of 180.44 feet; thence along said curve an arc length of 28.39 feet, through a central
angle of 09100'49" to a point on the northerly line of land described as Tract 143-A in Quitclaim
Deed to the San Bernardino County Flood Control District, recorded March 23, 1950 as Book
2550, Page 145, Official Records of said County, a radial line through said point bears South
63'14'33" East, said point being the POINT OF BEGINNING; thence continuing along said
curve, an arc length of 141.25 feet, through a central angle of 44"50'52" to the beginning of a
compound curve, concave southwesterly, having a radius of 4384.06 feet, a radial line through
said point bears North 71°54'35" East; thence along said curve an arc length of 508.32 feet, a
central angle of 06038'36" to the beginning of a compound curve, concave southwesterly,
having a radius of 1033.46 feet, a radial line through said point bears North 65"15'59" East;
thence along said curve an arc length of 137.86 feet, through a central angle of 07038'24" to a
point hereinafter referred to as Point "A", a radial line through said point bears North 57"37'26"
East, said point being the POINT OF TERMINUS
The sidelines of the above mentioned strip shall be prolonged, extended or shortened so as to
create a continuous boundary and terminate on the northerly line of said Base Line Road and
northerly line of Tract 143-A.
J:19812%TASK 33Vegal,Uce-04A p
• 2004-74 • sheet 2 of 3
Parcel "B"
BEGINNING at said Point "A"; thence South 57037'26" West, 32.81 feet to the beginning of a
non -tangent curve, concave southwesterly, having a radius of 1000.65, a radial line through said
point bears North 57"37'26" East; thence along said curve an arc length of 85.94 feet, through a
central angle of 04055'15"; thence North 26024'55" West, 201.28 feet; thence North 62028'27"
East, 30.79 feet to a point on the northerly line of said Lot 185; thence South 45°21'37" East,
17.76 feet along said northerly line of Lot 185, thence South 29"31'32" East, 36.48 feet; thence
South 44°15'54" East, 234.71 feet, thence South 57037'26" West, 65.62 feet to the POINT OF
BEGINNING.
See sheet 3 of 3 for a plat depicting the above -described property.
This real property has been described by
Professional Land Surveyor;�Act.
expires 09-30-05
under my direction, in conformance with the
NO.4430
Exp.09/30105
J996129\TASK 33Vegals6c"4AM
CURVE D&A
6=09'00'49" 7'38'24"
Cl: R=180.44' C3: R=1033.46'
L=28.39' L=137.86'
p=44*50'52" �=04'S5'15"
C2: R=180.44' C4: R=1000.65'
L=141.25' L=85.94'
SCALE: 1 "=200'
SEE DETAIL "C"
P.O.B.
9Pn
P.O.T. m.
PARCEL "A" \,
SEE DETAIL "B"
0
0
w
2004-74
,S89'44'41 "W
932.71'
SE COR.
LOT 185
DETAIL "A"
NOT TO SCALE
N62'28'27"E
30.79'
JT "A" pC�
S9 -'
N6S �5 --
INST. NO.
90-451490, O.R.
m
vZ
U
P. 1 SHEET 3. OE 3
°4" EXHIBIT "A"
N89'44'41"E
5.11'
S45'21'37"E
r 17.76'
S29'31'32"E
1 \
,
s
A9l
4
B,
PARCEL "A"
DETAIL "B"
NOT TO SCALE
LINE DATA
Ll: S57'37'26"W (R)
32.81'
L2: 55737'26"W (R)
65.62'
DETAIL "C"
NOT TO SCALE
PCB 'e`S
N715g35E lal --
POR. LOT IE35
SEMI -TROPIC LAND
& WATER COMPANY SUB.
M.S. 6/12
PELINE 7p
R BO OK 2550 143-
2550/745 O.R.
/ BASE LINE ROAD j 0I
1 L-
932.71 M
589'44'41'�N
P.O.B.
PARCEL "8"
Q
p Lu
LL LNLLLI
0
(
v
i �—S'LY LINE LOT 185 0 �
i/
P.O.0
SEE DETAIL "A"T PARCEL A
PARCEL "E
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA
AREA TEMPORARY EASEMENT
ssociated Engineers, Inc.SQUARE FEET: 97,z64.1 PLAT TO ACCOMPANY
LA
311 EAST SHELBY STREET ONTARIO, CA 91764 LEGAL DESCRIPTION
TEL (909) 980-1982 FAX: (909) 941-0891 PARCEL No.: 2.233
Wednesday, July 30, 2003
,;/o Real Estate Services ACQUISITION CONTRACT
S,niB. Third Sveel —
San ernardino. CA 924 U-OR32
Buyer: City of San Bernardino NYO#: N11761 APN#: 0269-181-04
Project: State Street Storm Drain Project Parcel#:
AGREEMENT
In consideration of the mutual covenants and agreements herein set forth, BBC PROPERTIES,A CALIFORNIA
GENERAL PARTNERSHIP (hereinafter referred to as SELLER), agrec(s) to sell and convey to the City of San Bernardino
(hereinafter referred to as BUYER), and assigns, that real property (hereinafter referred to as PROPERTY) as described in the
attached deed(s) and exhibit(s) and which is(are) attached hereto and made a part hereof. Conveyance of said PROPERTY is by fee
and the PROPERTY valuation is summarized as follows:
Easement Area: 39,912.2 sf C $0.45 x 90%=
$16,164.00
Temporary Right of Entry = 97,284.1 sf x $0.45/sf @ 10% per aimum 2 years =
$8,756.00
$80.00
Total: $25,000A
The terms and conditions of the contract are as follows:
1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire
consideration for said PROPERTY and shall relieve the City of San Bernardino and its agent(s) of all further obligation or claims on
this account, or on account of the location, grade or construction of the proposed public improvements.
2. BUYER agrees to pay SELLER for said PROPERTY and rights thereto the sum of $25,000.00 payable within 90 days
from the date this agreement is fully executed by both SELLER and BUYER. In the event BUYER and/or SELLER are/is not in a
position to close this escrow within the above escrow term, SELLER and BUYER agree to extend the escrow for another 90 days.
Any extensions beyond that date will require approval of both SELLER and BUYER in the form of an Amendment to the Escrow
Instructions.
3. SELLER agrees that at the time escrow closes, the subject property will be free and clear of any and all rental/lease
agreements, written or oral, and free of any tenancy.
4. BUYER agrees to pay all normal escrow and recording fees; and the cost of a standard Policy of Title Insurance issued by
COMMERCE TITLE COMPANY. SELLER agrees to pay the cost of any and all charges and fees necessary to provide clear title to
BUYER including but not limited to reconveyance fees, Lost Instrument Bonds and Title Insurance special endorsements as maybe
necessary to insure clear title.
5. SELLER agrees to use its best efforts to satisfy of record at or before conveying said PROPERTY and rights, all encum-
brances and special assessments which are a lien against the land, as BUYER may require. PROPERTY will be free and clear of all
encumbrances except:
a. Covenants, conditions, restrictions and reservations of record.
b. Easements or rights -of --way over said land for public or quasi -public utility or public street purposes, if any.
6. Upon recordation of the real property conveyed to BUYER, BUYER will request cancellation of the real property taxes for
the property conveyed pursuant to Section 4986, California Revenue and Taxation Code, as amended. If current taxes have not yet
been paid, SELLER shall pay through escrow or out of SELLER's proceeds, the installment applicable to the period in which escrow
Page 1 of 4
�i - -
c/o Real Estate Services ACQUISITION CONTRACT Wednesday, July 30, 2003
82- E. I hird Slreel
San Bemardino, CA 92415-0832
closes. If taxes are not yet due and payable and the exact amount that will be due is unknown, escrow holder is hereby instructed to
withhold from SELLER's proceeds an amount of funds equal to one hundred and ten percent (110%) of the second installment of the
most recent tax bill. Once the exact amount of the new tax bill is known, escrow holder will promptly pay the amount due, prior to
the delinquent date, to the County Tax Collector. Any excess funds will be returned to SELLER by the escrow holder after said
payment is made. Taxes will NOT be prorated between SELLER and BUYER in escrow. The taxing authority will notify SELLER
of any refund due SELLER resulting from the subject acquisition after a review and any subsequent proration of the property tax
assessment by the County Assessor. SELLER retains the right, following close of escrow, to apply to the County Tax Collector for
refund pursuant to Revenue and Taxation Code 5096.7.
7. SELLER agrees that BUYER may, notwithstanding the prior acceptance of this agreement, acquire title to said PROPER-
TY and rights by condemnation or other judicial proceedings, in which event SELLER agrees to cooperate with BUYER in the
prosecution of such proceedings; agrees that the consideration hercinabove stated shall be the full amount of just compensation,
inclusive of interest, for the taking of said PROPERTY and rights; agrees that the consideration recited in paragraph 2 hereof
constitutes the full amount of the purchase price for the PROPERTY and rights and shall be prorated among all persons having an
interest in this property as their respective interests may appear; and agrees that the said consideration shall be in full satisfaction of
any and all claims of SELLER for payment for the right of occupancy and use hereinafter provided for in paragraph seven (8).
8. As additional consideration for the payinent of the purchase price hercinabove set forth, SELLER hereby grants to
BUYER and assigns, the right of immediate occupancy and use of the land in which said PROPERTY is to be granted for the
purpose of exercising any of the rights being conveyed hereby in said PROPERTY from and after execution of this contract until
such time as said PROPERTY is conveyed and accepted by BUYER.
9. Any holders of a beneficiary interest in the subject area secured by a trust deed and promissory note, will be asked to
provide a full reconveyance relinquishing their interest in the property being acquired. SELLER agrees to cooperate with BUYER
and/or the escrow holder, in obtaining said reconveyance.
10. The terms and conditions aforesaid are to apply to and bind the heirs, executors, administrators, successors, and assigns of
the SELLER.
I I. All terms and conditions with respect to this agreement are expressly contained herein and SELLER agrees that no
representative or agent of BUYER, has made any representation or promise with respect to this agreement not expressly contained
herein.
12, SELLER hereby represents and warrants that during the period of SELLER ownership of the property, there have been
no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, from, or under the property. SELLER
further represents and warrants that SELLER has no knowledge of any disposal, release, or threatened release of hazardous sub-
stances or hazardous wastes on, fronn, or under the property which may have occurred prior to SELLER taking title to the property.
The acquisition price of the property being acquired in this transaction reflects the fair -market value of the property without
the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which
requires mitigation under Federal or State law, BUYER may elect to recover its cleanup costs from those who caused or contributed
to the contamination.
ESCROW INSTRUCTIONS
TO: ANY RELIABLE ESCROW
BUYER agrees to purchase the PROPERTY referenced above upon the terms and conditions described in the AGREEMENT
for a total consideration of $25,000.00 and will, within 90 days from the date BUYER's signature is affixed hereto, hand you said
consideration for delivery to SELLER at close of escrow, together with any additional funds and/or instruments necessary to comply
with the terms hereof, all of which you may use when you can issue your standard coverage form policy of title insurance with
Page 2 of 4
c/o Real Estate Services
K5 E. I turd Street
San Bernardino, CA 92415-0832
ACQUISITION CONTRACT Wednesday, luly30, 2003
liability not less than the amount stated as total consideration, showing title vested in the BUYER, or assigns, free of all encum-
brances, excepting those encumbrances sbowrt in Title Report number 7302698.40, dated , provided by COMMERCE TITLE
COMPANY, approved in writing by BUYER and such other encumbrances as are approved in writing by BUYER, which approvals
shall not be unreasonably withheld. if you are not in a position to issue your standard coverage form policy of title insurance as
required hereby within 90 days front that date hereof and any extensions thereof, the AGREEMENT and this escrow shall terminate
unless extended by mutual agreement between BUYER and SELLER.
All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or more of your
general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow
account(s). The expression "close of escrow" means the date on which the deeds conveying the PROPERTY to BUYER are record-
ed. Close of escrow shall be on or before 90 daYs lion the date of signature hereof All adjustments are to be made on the basis of a
thirty -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of
title insurance called for, is hereby authorized. You are to furnish a copy of these instructions, amendments thereto, closing
statements and/or documents deposited in this escrow to the lenders, real estate broker(s) and/or the attorney(s) involved in this
transaction upon request of such lenders, brokers, or attorneys. Should you before or afler close of escrow receive or become aware
of any conflicting demands or claims with respect to this escrow or the rights of the parties hereto, or any money or property
deposited herein or affected hereby, you shall have the right to discontinue any and all further acts on your part until each conflict is
resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determi-
nation of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorneys fees, suffered or incurred by you in connection with, or arising out of this escrow, including but without
limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall
ipso facto be fully released and discharged from all obligations imposed on you in this escrow.
Time is declared to be the essence of these instructions. If you are unable to comply with the time specified herein and such
additional time is required to make examination of the official records, you will return all documents, money, or property to the party
entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must
be in writing. These escrow instructions and amendments hereto may be executed in one or more counterparts, each of which
independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same
instruction.
In the event Buyer, Seller, and/or assigns, utilize "Facsimile" transmitted instructions by ( panafax, telefax, etc.), Escrow
Holder is instructed to rely and act upon such instruction in the same manner as if original signed instructions amendment were in
the possession of Escrow Holder and Buyer and/or Seller herein agree to forward signed hard copies of instructions within 48 hours
of transmission. Escrow Holder shall have no liability to any party for relying upon facsimile instructions which were erroneously
transmitted to Escrow Holder. Buyer and Seller agree that when necessary to permit compliance with closing instruction, Escrow
Holder may rely on facsimile transmitted demands. Buyer and Seller further acknowledge and agree that documents necessary for
recording with non -original (facsimile) print and/or signatures will not be accepted for recording by the County Recorder, thus
delaying the close of escrow.
The obtaining or assignment of insurance shall not be handled through this escrow. Escrow holder is hereby relieved of all
liability and/or responsibility in connection with the closing of this escrow without benefit of evidence of insurance coverage.
Parties to this transaction are aware and understand that as a result of the passage of the tax reform act of 1986 which added
Section 6045(e) to the Internal Revenue Code, the seller in this transaction is to deposit, prior to close of escrow, certain information
including all sellers' names and tax identification numbers, and that the closing of this transaction will be delayed in the event
escrow has not received same from seller prior to close of escrow. Escrow holder will forward information as required by above
Internal Revenue Code Section on forms as prescribed therein.
In order to comply with Section 1445 of the Internal Revenue Code; and Sections 18805 and 26131 of the California Revenue
and Taxation Code, Seller will complete and deposit into escrow the documents provided by the escrow holder required by the above
referenced code sections.
ANY RELIABLE ESCROW serves only as an escrow holder in connection with these instructions and cannot give legal
advice to any party hereto. Escrow holder is not to be held accountable or liable for the sufficiency or correctness as to form, manner
of execution, or validity of any instrument deposited in this escrow, nor as to the identity, authority or rights of any person executing
the same. Escrow holder's duties hereunder shall be limited to the proper handling of such money and the proper safekeeping of
such instruments, or other documents received by escrow holder, and for the disposition of same in accordance with the written
Page 3 of 4
c/o Real Estate Services ACQUISITION CONTRACT
Wednesday, July30, 2003
925 E. Third Slrec( �G
San Bemardmo, CA 92415-0932
instructions accepted by escrow holder. The agency and duties of escrow holder commence only upon receipt of copies of this
instruction executed by all parties.
At the close of escrow you are to deliver all documents, including a Conformed Copy of the recorded deeds of conveyance, to
the County of San Bernardino, Real Estate Services Department.
The foregoing AGREEMENT and ESCROW INSTRUCTIONS are hereby approved by SELLER and BUYER and hereby
agree to sell and to buy said PROPERTY and will deliver to you the papers, instruments and/or funds required within the time limit
specified, herein; and you are authorized to deliver said funds and documents to the appropriate parties at such time that you can
issuep it policy of title insurance as set forth above. SELLER further agrees to pay any personal property taxes properly chargeable
to tt'LLER. )'on are also instructed to pay from the amount shown as the total consideration above any other charges to which the
paTges have agreed.
SELLER
X. - 44 Ato, 0419& 14L
�BC Properties
cMMtr7t-►'� �eG �goA�'�T/t? llf
BUYER:
City of San Bernardino
BY:
BY:
Date
Date
Page 4 of 4
PROJECT NAME
W. O. NUMBER:
PARCEL NO:
APN:
State Street Storm Drain Project
N11761
0269-181-04
TEMPORARY RIGHT OF ENTRY
BBC PROPERTIES, a California general partnership
hereby consent(s) to permit the CITY OF SAN BERNARDINO, a body corporate and politic of the
State of California, its officers, agents and employees and persons under contract with said City and
their employees, the privilege and right to enter upon or across the property shown in red on the map
attached hereto and made a part hereof, for construction purposes:
The purpose of the temporary right of entry is for:
Construction of a storm drain
This temporary construction easement will expire upon completion of the construction project or not
later than November 1, 2005.
Hold Over Provision: The City will have the right to hold over on a month to month basis upon
expiration of the initial term of the Temporary Right of Entry at the same monetary rate as calculated
in the initial offering.
It is understood that this permission is not a waiver, in any way, of the right to compensation for
such land or of any remedy authorized by law to secure payment thereof.
It is further understood that owners shall be held harmless for any injury to construction personnel or
damage to construction equipment during the period of construction.
A
oft,
Wnont 6U , ► -L('
Recommended for approval by:
BY -
1 ►-I [CJ'
Date
BBC Properties Date
Approved by:
BYc
31/616 V
•
• Sheet 1 of 3
EXHIBIT "A"
That portion of Lot 185 of the Semi -Tropic Land and Water Company Subdivision, situated in
the City of Rialto, County of San Bernardino, State of California, as shown on Map on file in
Book 6, page 12 of Maps, in the Office of the County Recorder of San Bernardino County,
California, said land described in a Quitclaim Deed to BBC Properties on November 13, 1990 as
Instrument No. 90-451490, in the Office of the County Recorder of said County, described as
follows:
Parcel "A"
A strip of land 98.43 feet wide, being 32.81 feet westerly and 65.62 feet easterly of the following
described centerline:
COMMENCING at a the centerline intersection of that Base Line Road (60 feet wide) with
California Street (62 feet wide) as shown on Record of Survey 98-0106, recorded in Book 112,
pages 47 through 54 inclusive of Records of Survey, said centerline being the south line of said
Lot 185, said point being distant North 89°44'41" East, 5.11 feet along said centerline from the
southeast corner of said Lot; thence South 89044'41" West, 932.71 feet along said centerline;
thence North 35°46'16" East, 203.60 feet to the beginning of a curve, concave westerly, having
a radius of 180.44 feet; thence along said curve an arc length of 28.39 feet, through a central
angle of 09100'49" to a point on the northerly line of land described as Tract 143-A in Quitclaim
Deed to the San Bernardino County Flood Control District, recorded March 23, 1950 as Book
2550, Page 145, Official Records of said County, a radial line through said point bears South
63014'33" East, said point being the POINT OF BEGINNING; thence continuing along said
curve, an arc length of 141.25 feet, through a central angle of 44°50'52" to the beginning of a
compound curve, concave southwesterly, having a radius of 4384.06 feet, a radial line through
said point bears North 71°54'35" East; thence along said curve an arc length of 508.32 feet, a
central angle of 06038'36" to the beginning of a compound curve, concave southwesterly,
having a radius of 1033.46 feet, a radial line through said point bears North 65015'59" East;
thence along said curve an arc length of 137.86 feet, through a central angle of 07°38'24" to a
point hereinafter referred to as Point "A", a radial line through said point bears North 57"37'26"
East, said point being the POINT OF TERMINUS
The sidelines of the above mentioned strip shall be prolonged, extended or shortened so as to
create a continuous boundary and terminate on the northerly line of said Base Line Road and
northerly line of Tract 143-A.
J:M 12MTASK 33Vepj,4ce-04.d0c
• • Sheet 2 of 3
Parcel "B"
BEGINNING at said Point "A"; thence South 57037'26" West, 32.81 feet to the beginning of a
non -tangent curve, concave southwesterly, having a radius of 1000.65, a radial line through said
point bears North 57037'26" East; thence along said curve an arc length of 85.94 feet, through a
central angle of 04055'15"; thence North 26°24'55" West, 201.28 feet; thence North 62`28'27"
East, 30.79 feel to a point on the northerly line of said Lot 185; thence South 45°21'37" East,
17.76 feet along said northerly line of Lot 185; thence South 29031'32" East, 36.48 feet; thence
South 44°15'54" East, 234.71 feet, thence South 57037'26" West, 65.62 feet to the POINT OF
BEGINNING.
See sheet 3 of 3 for a plat depicting the above -described property.
This real property has been described by me 61 under my direction, in conformance with the
PrnfessionA Land Surveyor;§Act. A —_
1 %98129%TASK 33Veg8jsltce-04.dM
CURVE
D
6=09.00'49"
7'38'24"
Cl: R=180.44'
C3: R=1033.46'
L=28.39'
L=137.86'
p=44'50'52"
�,=04'55'15"
C2: R=180.44'
C4: R=1000.65'
L=141.25'
L=85.94'
SCALE: 1 "=200'
SEE DETAIL "C"
/ P.O.B.
P.O.T. m.
PARCEL "A" \�
i
SEE DETAIL "B"
I
-__SB9'44'41 "W
_ 932.71 _
SE COR.
LOT 185
DETAIL "A"
NOT TO SCALE
N62'28'27"E
30.79'
VTVTA" PCC
vo �O S
c�G 9
�
a
m
b
e
P SHEET 3' GF• S
PA 'A" EXHIBIT "A"
PAR � "B"
5.11'
S45.21'37"E
17.76'
S29'31'32"E
36.48'
\
S
AA•
\
P
INST. NO. f �Ol
90-451490, O.R.
�N NT1 Sp 35"E �R� Pic ��S
POR. LOT 1a
SEMI —TROPIC LAND
& WATER COMPANY SUS.
M.S. 6/ 12
' P.O.B.
PARCEL
DETAIL "B"
NOT TO SCALE
LINE DATA
1-1: S57'37'26"W (R)
32.81'
L2: S57'37'26"W (R)
65.62'
P.O.B.
PARCEL "B"
DETAIL "C"
NOT TO SCALE
ii PER 800K 143-\ 550/145, O.R.
BASE LINE ROAD j of
-- S89'44'41"W 932.71'
--- —�-
�S'LY LINE LOT 185
i
SEE DETAIL "A"—F
IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
T-- I
PARCEL "/
PARCEL "I
AREA TEMPORARY EASEMENT
ssociated Engineers, Inc.LA
311 EAST SNELBY STREET ONTAR70, CA 91764 SQUARE FEET: 97,284.1 PLAT TO ACCOMPANY
TEL (909) 980-1982 FAX: (909) 941-0891 PARCEL No.: 2.233 LEGAL DESCRIPTION