HomeMy WebLinkAbout2001-237
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RESOLUTION NO. 2001-237
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING AND
3 SETTING FAIR MARKET VALUE AND SALES PRICE OF $17,400.00 AND
DECLARING THE INTENTION OF THE CITY TO SELL PROPERTY GENERALLY
4 LOCATED NORTHWESTERLY OF UNIVERSITY PARKWAY, NORTHEASTERLY
OF KENDALL DRIVE IN THE CITY OF SAN BERNARDINO, UNIVERSITY
5 COMMONS, LLC AND SETTING A PUBLIC HEARING TO CONSIDER SAID SALE.
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7 WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
8 hereinafter described parcel of real property, generally located northwesterly of University
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Parkway, northeasterly of Kendall Drive in the City of San Bernardino, State of California, more
fully described below in Exhibit "A" attached hereto and made a part hereof; and
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12 WHEREAS, the Mayor and Common Council of said City find and determine that there
13 is no necessity for the City's ownership of said Real property; and
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WHEREAS, the Mayor and Common Council of said City believe it is in the best
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interest of the City that said parcel of real property be disposed if at fair market value; and
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WHEREAS, an appraisal was submitted by James Smothers, MAl, a licensed real estate
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18 appraiser, in the amount of Seventeen Thousand Four Hundred Dollars ($17,400.00) for said
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real property; and
WHEREAS, University Commons, LLC, has expressed a desire to purchase said real
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roperty; and
WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
24 owned property valued at less than $25,000 may be sold without the need for competitive bid, so
25 ong as the sales price is not less than the fair markl:t value of said real property.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of vacant City owned
7/18/01
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2001-237
RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETTING A PUBLIC HEARING FOR
THE SALE OF CITY PROPERTY GENERALLY LOCATED NORTHWESTERLY OF UNIVERSITY'
1 PARKWAY, NORTHEASTERLY OF KENDALL DRIVE IN THE CITY OF SAN BERNARDINO
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4 of University Parkway, northeasterly of Kendall Drive in the City of San Bernardino and same is
5 hereby declared as surplus real property.
real property, with an area of approximately 34,808 square feet, generally located northwesterly
6 SECTION 2. It is therefore the intention ufthe Mayor and Common Council of the City
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of San Bernardino to sell said real property to University Commons, LLC.
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10 Fair Market Value of the property and sales price is Seventeen Thousand Four Hundred Dollars
SECTION 3. The Mayor and Common Council do hereby find and determine that the
11 ($17,400.00).
12 SECTION 4. The Mayor and Common Council of the City of San Bernardino do hereby
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set a public hearing to be held on August 20, 2001, at 10:00 a.m. or as soon thereafter as the
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matter can be heard, in the Council Chambers of City Hall, 300 North "D" Street, San
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16 Bernardino, California, relative to the proposed sale.
17 SECTION 5. Notice of the public hearing shall be published in The San Bernardino
18 County Sun, a newspaper of general circulation, at least once prior to the public hearing and shall
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be posted in at least 3 conspicuous places on the property at least (10) days prior to the hearing.
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SECTION 6. Written and oral protest to such sale may be submitted and shall be
22 eceived at or prior to the public hearing. Written protests may also be submitted to the City
23 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
24 earing.
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SECTION 7. It is the intent of the Mayor and Common Council to consider and
pprove said sale at the public hearing, said property more particularly described in said Exhibit
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'A".
7/17/01
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2001-237
RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETTING A PUBLIC HEARING FOR
THE SALE OF CITY PROPERTY GENERALLY LOCATED NORTHWESTERLY OF UNIVERSITY
1 PARKWAY, NORTHEASTERLY OF KENDALL DRIVE IN THE CITY OF SAN BERNARDINO
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a
5 held on the 23rd day of July
joint regular
meeting thereof
, 20~, by the following vote, to
6 wit:
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
8
ESTRADA
9
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14
ANDERSON
x
x
x
x
x
x
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16 MCCAMMACK
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x
~nchQ JrJd~~o I.LJ-rLJ~-
City Clerk I
The foregoing resolution is hereby approved this 26th
July
,20 01 .
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Approved as to form
23 and legal content:
24
AMES F. PENMAN
25 City Attorney
y:Ll~
rJ
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7/17/01
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2001-237
EXHIBIT "A"
A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
BEING A PORTION OF THAT PORTION OF UNIVERSITY P ARKW A Y AS VACATED BY
RESOLUTION NO. 2000-91 OF THE CITY OF SAN BERNARDINO, RECORDED AS
DOCUMENT NO. 20010181612, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND
UNIVERSITY P ARKW A Y, AS SHOWN ON PARCEL MAP NO, 15537, AS PER PLAT
THEREOF RECORDED IN BOOK 192 OF PARCEL MAPS, PAGES 57 AND 58, RECORDS
OF SAID COUNTY;
THENCE NORTH 580 47' 58" EAST, ALONG SAID CENTERLINE OF UNIVERSITY
P ARKW A Y, A DISTANCE OF 41.85 FEET;
THENCE NORTH 31012' 02" WEST, A DISTANCE OF 60.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 800 36' 58" WEST, A DISTANCE OF 36.37 FEET;
THENCE NORTH 000 02' 33" WEST, A DISTANCE OF 19.09 FEET;
THENCE NORTH 580 47' 58" EAST, A DISTANCE OF 354.17 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3900.00 FEET, A RADIAL TO SAID BEARING BEARS NORTH 31014'37" WEST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 090 15' 09", AN ARC DISTANCE OF 629,80 FEET;
THENCE NORTH 490 31; 38" EAST, A DISTANCE OF 100.91 FEET;
THENCE NORTH 890 58' 16" EAST, A DISTANCE OF 43.75 FEET;
THENCE SOUTH 49031' 38" WEST, A DISTANCE OF 233.57 FEET;
THENCE SOUTH 49052' 29" WEST, A DISTANCE OF 69.11 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
145.99 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 16001' 10", AN ARC DISTANCE OF 40.82 FEET TO THE BEGINNING OF A
REVERSE TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 199.56 FEET;
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2001-237
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 140 18' 53", AN ARC DISTANCE OF 49.86 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3006.17
FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 030 47' 01", AN ARC DISTANCE OF 198.52 FEET;
THENCE NORTH 800 04' 50" WEST, A DISTANCE OF 18.92 FEET;
THENCE SOUTH 53014' 55" WEST, A DISTANCE OF 59.84 FEET;
THENCE SOUTH 050 46' 14" WEST, A DISTANCE OF 18.95 FEET;
THENCE SOUTH 470 49' 07" WEST, A DISTANCE OF 43.76 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3940.00 FEET, A RADIAL FROM SAID POINT BEARS NORTH 31056' 25" WEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 000 42' 48", AN ARC DISTANCE OF 49.05 FEET;
THENCE SOUTH 580 47' 58" WEST, A DISTANCE OF 336.44 FEET, MORE OR LESS, TO
THE TRUE POINT OF BEGINNING.
CONTAINS 34, 808.62 SQUARE FEET, MORE OR LESS
2001-237
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 23rd day of August .2001,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
UNIVERSITY COMMONS, LLC, ("BUYER"), mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of Seventeen Thousand Four
Hundred Dollars ($17,400.00), shall deliver unto BUYER an executed Quitclaim Deed for
a portion of that certain real property generally located northwesterly of University
Parkway, Northeasterly of Kendall Avenue, in the City of San Bernardino,
("PROPERTY") being a portion of University Parkway as vacated by Resolution No,
2001-91 of the Mayor and Common Council of the City of San Bernardino and more fully
described in Exhibit "A", attached hereto and made a part hereof,
2. BUYER shall deliver to SELLER, cash or certified funds in the amount of Seventeen
Thousand Four Hundred Dollars ($17,400.00), as payment in full for the purchase of said
PROPERTY.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances,
restrictions and easements on said PROPERTY.
4, BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors,
officers, agents and employees from any and all damages, or injuries, or claims for
damages or injuries, of any nature arising out of this Agreement or the actions to be
conducted by the BUYER pursuant to this Agreement.
5. BUYER shall pay all recording fees and title fees, including but not limited to title
insurance.
6. BUYER shall submit to the City of San Bernardino, Public Works Department, a
Certificate of Compliance for a lot merger for each of the parcel(s) adjacent to the
property being conveyed herein, that are owned by the BUYER. Said submittal shall be in
a format acceptable to the City, Any fees, including recording fees, shall be the
responsibility of the BUYER. The recording of said Certificate of Compliance shall occur
concurrently with said Quitclaim Deed .
7. No obligation other than those set forth herein will be recognized.
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III
2001-237
SALES AND PURCHASE AGREEMENT - PORTION OF CITY PROPERTY LOCATED
NORTHWESTERLY OF UNIVERSITY PARKWAY, NORlliEASTERLY OF KENDAIL DRIVE.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
BY:
BY:
cc<!.
Approved as to form
And legal content:
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ATTEST:
JAMES F. PENMAN,
City Attorney
~ lJ. C~~
Rach lark, City Clerk
By: L?,~,
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2001-237
EXHIBIT "A"
A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
BEING A PORTION OF THAT PORTION OF UNIVERSITY P ARKW A Y AS V ACA TED BY
RESOLUTION NO, 2000-91 OF THE CITY OF SAN BERNARDINO, RECORDED AS
DOCUMENT NO. 20010181612, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND
UNIVERSITY PARKWAY, AS SHOWN ON PARCEL MAP NO. 15537, AS PER PLAT
THEREOF RECORDED IN BOOK 192 OF PARCEL MAPS, PAGES 57 AND 58, RECORDS
OF SAID COUNTY;
THENCE NORTH 580 47' 58" EAST, ALONG SAID CENTERLINE OF UNIVERSITY
PARKWAY, A DISTANCE OF 41.85 FEET;
THENCE NORTH 310 12' 02" WEST, A DISTANCE OF 60.00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 800 36' 58" WEST, A DISTANCE OF 36.37 FEET;
THENCE NORTH 00002' 33" WEST, A DISTANCE OF 19,09 FEET;
THENCE NORTH 580 47' 58" EAST, A DISTANCE OF 354.17 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3900.00 FEET, A RADIAL TO SAID BEARING BEARS NORTH 310 14'37" WEST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 09015' 09", AN ARC DISTANCE OF 629.80 FEET;
THENCE NORTH 49031; 38" EAST, A DISTANCE OF 100,91 FEET;
THENCE NORTH 890 58' 16" EAST, A DISTANCE OF 43,75 FEET;
THENCE SOUTH 49031' 38" WEST, A DISTANCE OF 233.57 FEET;
THENCE SOUTH 490 52' 29" WEST, A DISTANCE OF 69,11 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
145,99 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 160 0 I' 10", AN ARC DISTANCE OF 40,82 FEET TO THE BEGINNING OF A
REVERSE TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 199,56 FEET;
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2001-237
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 140 18' 53", AN ARC DISTANCE OF 49,86 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3006,17
FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 030 47' 01", AN ARC DISTANCE OF 198,52 FEET;
THENCE NORTH 800 04' 50" WEST, A DISTANCE OF 18.92 FEET;
THENCE SOUTH 53014' 55" WEST, A DISTANCE OF 59.84 FEET;
THENCE SOUTH 050 46' 14" WEST, A DISTANCE OF 18.95 FEET;
THENCE SOUTH 470 49' 07" WEST, A DISTANCE OF 43,76 FEET TO THE BEGINNING
OF A NON- TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3940.00 FEET, A RADIAL FROM SAID POINT BEARS NORTH 31056' 25" WEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 000 42' 48", AN ARC DISTANCE OF 49.05 FEET;
THENCE SOUTH 580 47' 58" WEST, A DISTANCE OF 336.44 FEET, MORE OR LESS, TO
THE TRUE POINT OF BEGINNING.
CONTAINS 34, 808,62 SQUARE FEET, MORE OR LESS