Loading...
HomeMy WebLinkAbout21-Development Services . , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director Dept: Development servOR \ G \ N ~\ L Date: February 12,2004 Subject: Public Hearing - 4:00 p.m. and Resolution Authorizing Execution of a Sales and Purchase Agreement for City property located at the southwest corner of 7th Street and Harris Street. Synopsis of Previous Council Action: File No. 15.05-234 MCC Date: 03-01-2004 05-19-03 --- Authorization to proceed with the sale of City property located at the southwest corner of 7th Street and Harris Street. 11-5-01 - Resolution No. 2004-36 was adopted, establishing and setting fair market value and sales price of $22,500.00 and declaring the intention of the City to sell property located at the southwest corner of 7'h Street and Harris Street and setting a public hearing. Recommended Motion: 1. That the Public Hearing relative to the sale of City property located at the southwest corner of 7th Street and Harris Street be closed; AND 2. Adopt Resolution. -cr;~ Contact person: EILEEN GOMEZ Supporting data attached: StaffReportlMap/Res. Phone: 5328 Ward: 1 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: ~-q,~-zooq-,SCI Agenda Item No. ,lJ 3/ J IOY CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing - 4:00 p.m. and Resolution Authorizing Execution of a Sales and Purchase Agreement for City property located at the southwest corner of 7th Street and Harris Street. BACKGROUND: In February, 1992, the City acquired the property previously known as New Hope Church of God in Christ, located at the southwest corner of ih Street and Harris Street. The church was assessed with several abatement liens that were unsettled and the building was ultimately demolished. The property was then quitclaimed to the City as part of court settlement proceedings to recover costs incurred by the City for demolition and abatement fees in the amount of $21 ,061.00. The property is currently vacant. In October 2002, an inquiry was received from Mr. Kenneth Owens, an individual interested in purchasing the vacant lot at the southwest corner of 7th Street and Harris Street for residential development purposes, which is consistent with the current General Plan. On May 19,2003, Authorization to Proceed was given for the sale of City property located at the southwest corner of 7th Street and Harris Street. Request for Proposals for an appraisal were sent to various appraisers in the area. The proposal was awarded to James Smothers, Certified General Appraiser. The appraisal was paid for by Mr. Owens, and was received in our office stating that the estimated market value of the property is $22,500.00. The property was previously encumbered by a Deed of Trust for $11,215.14, which has now been cleared by Mr. Owens. Pursuant to Section 2.65.030 of the San Bernardino Municipal Code, property valued at less then $25,000 may be sold without going through the public bid process, but a public hearing on the proposed sale must still be held. The attached Resolution authorizes the execution of a Sales and Purchase Agreement and the execution of a Grant Deed relative to the proposed sale. City departments were given notification and no conflicts were noted. On February 2, 2004, Resolution No. 2004-36 was adopted, establishing and setting fair market value and sales price of $22,500 and declaring the intention of the City to sell property generally located at the southwest corner of 7th Street and Harris Street in the City of San Bernardino, and setting a public hearing to consider said sale. FINANCIAL IMPACT: Revenue of $22,500 less costs, from sale proceeds. RECOMMENDATION: Staff recommends that the hearing be closed and the attached resolution be adopted. . 1 2 3 4 5 6 7 8 9 10 11 12 . u-r- RE~~f'~ RESOLUTION OF THE CITY OF SAN BER!\'ARDINO D1RECTI:'\G AND UTHORIZING THE EXECUTION OF A SALES A:'\D PVRCHASE AGREEMENT ,\I'iD THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY-OWNED ROPERTY GENERALL Y LOCATED AT THE SOVTHWEST COR:'\ER OF 7TH STREET AND HARRIS STREET IN THE CITY OF SA'i BERNARDINO. BE IT RESOLVED BY THE MAYOR A"iD COMMON COUNCIL OF THE CITY OF SAN BER!\'ARDINO AS FOLLOWS: SECTION I, That the Mayor of the City of San Bernardino is hereby directed and authorized to execute on behalf of said Citv, a Sales and Purchase Agreement, a copy f which is attached hereto as Exhibit" I". and a Grant Deed, a copy of which is attached Jereto as Exhibit "2". for the sale of certain City-owned property located at the southwest corner of 7'" Street and Harris Street in said City. and more fully described in detail in 13 said Exhibit "]" and said Exhibll "2", 14 15 SECTIO'i 2. Said Agreement shall be null and void if either party fails to 16 xecute the Agreement within sixty (60) days of the date of adoption of this Resolution. 17 / i 18 ,/ , 19 20 21 22 23 24 25 . 26 27 YLtJ ,. 2J 28 air JDt! 02! 12'04 I' e RESOLl'TION AUTHORIZI!\G EXEClTIOil: or A!\ AGREE\ILil:T A!\D GRA.'I,T DEED FOR S.\LE OF 1 In-OW'I,ED PROPERTY LOCATED AT THE SOL'lHWEST CORNER OF 0'" STREET A\D IHRRIS STREET, 2 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and C0l111110n Council of the City of San Bernardino at a meeting thereof 5 Jete! on the 6 7 ,,'it: 8 Council Members: 9 ESTRADA 10 LO:\GVILLE 11 \1CGINI'\IS 12 13 DERRY day of , 20 . by the following yote. to AYES NAYS ABSTAI:\ ABSENT e 14 KELLEY 15 IOH1'\SON 16 17 18 MCCAMMACK 19 20 The foregoing resolution is hereby appro\'ed this Clly Clerk day of ,20~ 21 22 JUDITH V ALLES, t\1ayor City of San Bernardino e 23 Approved as to form and legal content: 24 25 JAMES F PENMAN City Attorney 26 By f.~~Ji} L 27 SflQriYJJC:c~~c' / 28 02: ) 204 2 _ _3 _ 'f SALES AND PURCHASE AGREEMENT This Agreement ("AGREEMENr) is made and entered into this day of 2004, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and KEJ\'NETH L. O\VENS ("BUYER") for the sale of City-owned property ("PROPERTY") described below. PROPERTY to be sold is generally at the southwest corner of 7[h Street and Harris Street in the City of San Bernardino, State of California, also know as Assessor's Parcel No. 0138-071-06 and is more fully described in Exhibit "'A", and shown on plat map attached hereto as Exhibit "A-l ", attached hereto and made a part hereof. In consideration of which, and for the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their negotiations. The performance of this offer constitutes the entire consideration for said document, and shall relieve the parties hereto of all further obligations or claims on this account. 2. PROPERTY consists ofa vacant parcel as follows: Parcel is approximately 7,500 square feet and is designated RS (Residential-Suburban) in the City of San Bernardino's General Plan. Parties shall enter into escrow with Southland Title, 7530 N. Glenoaks Boulevard, Burbank, California 91504, for a period not to exceed sixty (60) days, unless mutually agreed upon by both parties. Parties authorize said title company to disburse funds accordingly. 4. The purchase price of PROPERTY shall be Twenty-two Thousand Five Hundred Dollars ($22,500). SELLER hereby acknowledges that BUYER shall deposit with SELLER, the amount of Two Thousand Five Hundred Dollars ($2,500), which SELLER shall deposit into escrow towards said purchase price. 5. SELLER SHALL: A. Pay proportionate share of escrow and closing costs incurred with this transaction. B. Reimburse BUYER for appraisal costs in the amount of $500 as a credit towards total purchase pnce. C. Deliver an executed Grant Deed to Escrow at Southland Title, 7530 N. Glenoaks Boulevard, Burbank, California 91504. D. Provide an owner's title policy naming the BUYER as the insured in the amount of the purchase price, insuring that the BUYER owns fee simple title to PROPERTY, subject to the permined exceptions. SELLER shall pay the premium for and charges related to the issuance of the owner's title policy. EXHIBIT ")" I e e e If SALES AAD PURCHASE AGREEMEST - Sozllhwesl corner o[7'h Slreel and Harris Slre"l. Bid Spec No. }505-23-1 6. BUYER SHALL: A. Pay the SELLER the sum of Twenty-two Thousand Five Hundred Dollars ($22,500) for said PROPERTY, for interest conveyed when title to PROPERTY vests in the name of BUYER and is free and clear of all liens, encumbrances and assessments except as follows: I) Covenants, conditions, restrictions and reservations of record. 2) Easements andlor rights of way over said land for public or quasi-public utility or public street purposes. B. BUYER shall have the right to review the condition oftitJe in escrow, and its obligations shall be subject to its approval of the condition of title as provided therein. C. Pay proportionate share of escrow and closing costs incurred in this transaction. D. BUYER accepts the PROPERTY in an "as-is" condition. 7. BUYER'S DEFAULT AND FORFEITURE OF DEPOSIT. If the BUYER refuses or fails to consummate the purchase of PROPERTY pursuant to this AGREEMENT for any reason other than termination hereof, pursuant to a right granted hereunder to do so, or breach by SELLER of its agreements hereunder, then SELLER as its sole and exclusive remedy shall have the right to terminate this AGREEMENT by giving BUYER \'.Titten notice thereof, in which event BUYER shall forfeit said deposit as liquidated damages and neither party hereto shall have any further rights or obligations hereunder. 8. SELLER'S DEFAULT AND RETURN OF DEPOSIT. If SELLER fails to perform any if its obligations hereunder, either prior to or at the closing of escrow, the BUYER may terminate this AGREEMENT by notifying SELLER thereof, at which time said deposit, together with any interest earned thereon shall be returned to BUYER, and neither party hereto shall have any further rights or obligations hereunder. /II /II 2 ~ . S'ALES AXD PURCHASE AGREEMEST - Saurh\1csI curner ()f~'h Slreel alld Harris Slree/, Bid Spec A'a. /505-23./ IN WITNESS \VHEREOF, the parties have executed this Agreement the day and year as first written abO\e. NO OBLIGA nON OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED, BUYER: SELLER: CITY OF SAN BERNARDINO By: JUDITH V ALLES, MaYQr KENNETH L. OWENS . Approved as to form and legal content: ATTEST: JAMES F PENMAN. City Attorney B~~~ !?I-'tsc I/A(. C-ou v-::'. C..:... RACHEL CLARK, City Clerk e 3' e e e r Legal description for Ci!)' proper!)' located at the southwest corner of 71h Street and Harris Street - APN: 0138-071-06 Lot I, Block 2, Allen's Third Addition, as per plat thereof, recorded in Book 5 of Maps, page 64, records of the County Recorder of San Bernardino County, State of California, Exhibit" A" ~ <i ;:: I .r~ I . --1--:-.13311.15 -, I :E o Ul CIl .Q o - . ,..., o , ... !:l ~ i3 00 .S ~ 'l:!'t o E.. ..- ...ci!... Ii"'" (I),!;;: ::.~ ~. , 'F'I' , ; ~ i ~ . .. i c:: ~ =8 ct", @5) e "tl~ ..", ,- ~a:i ~ .. c:: .!! <i u . ~ A , . ~ ___..." t__ " ) )'l1MH9/H 31l/1S @ J . .,- ,~, I !@'I'OlI-"'", .. .oJ G) ~ ! I B- I I ,,-.(..~.- e .. e e 'I, I @ I ~@ -- : ~I 0 I .- . ~ .. ~ ., .. .. .. . ~I .. I !!! !!! @ , .::; -,- e . ~ .. .. ? = I ~ !! <:l I e ., I:l @ ~ @ I . @ -. I ~ G .. I ~ @ .". .or n .- ....."" --1-H3I1.1S ".-., . I SI~HYI+- --\-1 I .- ,''-' @ e - e .. ~ @ @ ~ @ o .. ~ o ., !!! @ 6 . :: ~ !!! @ @ 6 ~ ~ :! ., ~ .. I . 'I r-I--'- .. I r e .. ~ @ .~- .- .- ,- @ CIl U ~ l'll Co 't:l CIl ~e c: e ~ \ .. ; 0 "b ({NnO') ~ 0 u 0 o III d s} ~ '" '" :c l> 2 ~~ 11.2 .....} -~& 5'85 ... dl.. .. 3i .~ I" d 0," H i @ .. .. !! j --~ ~JO L ~s 'OOOO'90"LLO.8C~O' cooz-zooz 'Y:) 'OUlpJewag ues --~----_. EXHIBIT "A-I" , RECORDING REQUESTEC' BY 4t"lHEN RECORDED MAIL THIS DEED AND SS OTHERWISE SHOWN, MAIL TAX TEMENTS TO Kenneth L. Owens 402 W, Stevens, .C Santa Ana, CA 92707 Escrow No.: AP" 0138-071-06 SPACE ABOVE FOR RECORDERS USE GRANT DEED FOR A V ALlJABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SAN BERNARDINO, a municipal corporation, hereby grants to KENNETH L OWENS, the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: e Lot I, Block 2, Allen's Third Addition, as per plat thereof. recorded in Book 5 of Maps, page 64, records of the County Recorder of San Bernardino County, State of California, CITY OF SAN BERNARDINO, a municipal corporation By JUDITH VALLES, Mayor Dated: STATE OF CALIFORNIA COUNTY OF ACKNOWLEDGEMENT OF GRANTOR(S): } S,S On before me, , personally appeared personally known to me (or proved to me on the baSIS of satisfactory evidence) to be the person(s) whose name(s) is/are subSCribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s) , or the entity on behalf of which person(s) acted, executed the instrument. wITNESS my hand and official seal. e Signature EXHIBIT "2"