HomeMy WebLinkAbout2004-36410
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 2004-364
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AGREEING TO THE SELLING PRICE SET FORTH IN THE
AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY BETWEEN THE BOARD
OF SUPERVISORS OF SAN BERNARDINO COUNTY AND THE CITY OF SAN
BERNARDINO FOR APN 0140-191-18-0000.
WHEREAS, the acquisition of a vacant parcel of land, described as Assessor's Parcel No.
0140-191-18-0000 located between 8`h Street and 91h Street, on the west of "H" Street is necessary
for access to a 60-inch diameter water transmission pipeline to be installed in an adjacent parcel of
land by the City of San Bernardino Municipal Water Department; and
WHEREAS, the Water Department proposes to purchase the land through an Agreement to
Purchase Tax -Defaulted Property with the Board of Supervisors of San Bernardino County pursuant
to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code; and
WHEREAS, pursuant to the provisions of Revenue and Taxation Code § 3775, the governing
body of the City of San Bernardino must agree to the selling price set forth in the Agreement to
Purchase Tax -Defaulted Property.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby agrees
to the selling price set forth in the Agreement to Purchase Tax -Defaulted Property between the Board
of Supervisors of the County of San Bernardino and the City of San Bernardino Municipal Water
Department, as set forth in Exhibit "1" attached hereto and incorporated by reference as though fully
set forth at length herein.
SECTION 2. That the property acquired herein shall be dedicated for Water Department use.
1/////
November 15, 2004
Page I of 2
2004-364
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF'H IE CITY OF SAN BERNARDINO AGREEING TO THE
SELLING PRICE SET FORTII IN THE AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY BETWEEN THE
BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY AND THE CITY OF SAN BERNARDINO FOR APN 0140-191-
18-0000.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a J t. regular meeting thereof, held on the
15th day of November , 2004, by the following vote, to wit:
COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN
ESTRADA x
LONGVILLE x
MCGINNIS x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
Rachel Clark, City Clerk
S4CnA1.�,�c�vt & ,
The foregoing resolution is hereby approved this day of November 2004.
Jalles, Mayor
San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: e �
November 15, 2004 Page 2 of 2
2004-364
Exhibit "1"
AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY
This agreement is made this day of I , by and between the
Board of Supervisors of San Bernardino County, State of California, and City of San
Bernardino Municipal Water Department ("PURCHASER"), pursuant to the provisions of
Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.
The real property situated within said county, hereinafter set forth and described in this
agreement, is tax -defaulted and is subject to the power of sale by the Tax Collector of said
county, for the nonpayment of taxes, pursuant to provisions of law.
It is mutually agreed as follows:
1. That, as provided by Revenue and Taxation Code §3800, the cost of giving notice of
this agreement shall be paid by the PURCHASER, and
2. That the PURCHASER agrees to pay the sum of $ 35,750.00 for the real property
described in Exhibit "A" within 15 days after the date this agreement becomes effective.
Upon payment of said sum to the Tax Collector, the Tax Collector shall execute and
deliver a deed conveying title to said property to the City of San Bernardino, a municipal
corporation.
3. That the PURCHASER agrees to use the parcel(s) for public purpose under the
following intent:
access to water transmission pipeline to be installed in APN 0140-191-41-0000.
4. That if said purchaser is a taxing agency as defined in Revenue and Taxation Code
§121, or any other agency that receives its revenue share under the provisions of
Division 1, Part 8, Chapter 3 of the Revenue and Taxation Code, it will not share in the
payment required by the Agreement as defined by §3791 and §3720 of the Revenue
and Taxation Code.
If all or any portion of any individual parcel described in this agreement is redeemed prior to
the effective date of this agreement, this agreement shall be null and void as to that individual
parcel.
2004-364
The undersigned hereby agree to the terms and conditions of this agreement and are duly
authorized to sign for said agencies.
This document is being executed in counterpart each of which constitutes an original
ATTEST:
(Purchaser)
(seal)
ATTEST:
Clerk of the Board of Supervisors
a
Deputy
(seal)
BOARD OF WATER COMMISSIONERS
CITY OF SAN BERNARDINO
President
BOARD OF SUPERVISORS
By
Chairman
Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the
City of San Bernardino hereby agrees to the selling price as provided in this agreement.
ATTEST:
Deputy
(seal)
CITY OF SAN BERNARDINO
By
Mayor
Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the
foregoing agreement this day of
STEVE WESTLY, CALIFORNIA STATE CONTROLLER
2
2004-364
Stephen L. Edwards, Chief
Bureau of Tax Administration
EXHIBIT "A"
PARCEL NUMBER PURCHASE PRICE
0140-191-18-0000 $ 35,750.00 — Plus cost of giving notice
AGREEMENT TO PURCHASE TAX -DEFAULTED PROPERTY
This agreement is made this day of , _, by and between the Board of Supervisors
of San Bernardino County, State of California, and City of San Bernardino Municipal Water Department
('PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.
The real property situated within said county, hereinafter set forth and described in this agreement, is tax -
defaulted and is subject to the power of sale by the tax collector of said county for the nonpayment of taxes,
pursuant to provisions of law.
It is mutually agreed as follows:
1. That, as provided by Revenue and Taxation Code §3800, the cost of giving notice of this agreement shall
be paid by the PURCHASER, and
2. That the PURCHASER agrees to pay the sum of $ 35,750.00 for the real property described in Exhibit "A"
within 15 days after the date this agreement becomes effective. Upon payment of said sum to the tax
collector, the tax collector shall execute and deliver a deed conveying title to said property to the City of
San Bernardino, a municipal corporation.
3. That the PURCHASER agrees to use the parcel(s) for public purpose under the following intent
4. That if said purchaser is a taxing agency as defined in Revenue and Taxation Code §121 or any other
agency that receives its revenue share under the provisions of Division 1, Part 8, Chapter 3 of the
Revenue and Taxation Code, it will not share in the payment required by the Agreement as defined by
§3791 and §3720 of the Revenue and Taxation Code.
If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of
this agreement, this agreement shall be null and void as to that individual parcel.
The undersigned hereby agree to the terms and conditions of this agreement and are duly authorized to sign for
said agencies.
This document is being executed in counterpart each of which constitutes an original
ATTEST:
BOARD OF WATER COMMISSIONERS
CITY OF SAN BERNARDINO
By:
(Purchaser) President
(seal)
ATTEST: BOARD OF SUPERVISORS
Clerk of the Board of Supervisors
a
Deputy
(seal)
M
By
Chairman
Pursuant to the provisions of Revenue and Taxation Code §3775, the governing body of the City of San
Bernardino hereby agrees to the selling price as provided in this agreement.
ATTEST:
(seal)
Pursuant to the provisions of Revenue and Taxation Code §3795, the Controller approves the foregoing
agreement this day of
STEVE WESTLY, CALIFORNIA STATE CONTROLLER
By:
Stephen L. Edwards, Chief
Bureau of Tax Administration
EXHIBIT "A"
PARCEL NUMBER PURCHASE PRICE
0140-191-18-0000 $ 35,750.00 — Plus cost of giving notice