HomeMy WebLinkAbout17-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Resolution authorizing the execution of a
Sales and Purchase Agreement - City- owned
parcels north and south of Orange Show Road, west
of Waterman Avenue (Parcel One and Parcel Three)
and authorize staffto re-advertise for bids for Parcel
Two.
File No. 15.05-223
Synopsis of Previous Council Action: MCC Date: 04/21/2003
03-04-2002 - Resolution No. 2002-69 was adopted, confirming fair market value and giving notice inviting
competitive sealed and oral bids for the sale of City-owned property located at the southwest comer of
Orange Show Road and Waterman Avenue and setting the date and time of April 15, 2002,10:00 a.m. for
awarding a bid.
06-17-2002 - Resolution No. 2002-163 was adopted modifying fair market value for City parcel located at
the southwest corner of Orange Show Road and W aterman Avenue
09-23-02 - Public hearing was continued to 10/7/2003
10-07-02 - Public Hearing was closed; no oral bids were submitted. Director of Development Services was
authorized to transfer parcels to the Redevelopment Agency.
01-21-03 - Authorization was given to advertise for bids for three City owned parcels located north and
south of Orange Show Road, west of Waterman Avenue.
03-17-03 - Bids for Parcel One and Parcel Three were approved.
ORIGlNAl
From: JAMES FUNK, Director
Date: March 24, 2003
Recommended Motion:
I. Adopt Resolution.
AND
2. That the Director of Development Services be authorized to re-advertise for bids for City-owned property
located at the southeast corner of Orange Show Road and Amos Avenue (Parcel Two).
~~
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps,
ResolutIOn
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Phone: 5026
Ward:
3
Finance:
Agenda Item No.
'I/J-j /03
/1'
Council Notes: 'V-8Sl::) ~ to--',,-~s,
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Sales and Purchase Agreement - City- owned parcels north
and south of Orange Show Road, west of Waterman A venue (Parcel One and Parcel Three) and
authorize staffto re-advertise for bids for Parcel Two.
BACKGROUND:
As a result of the extension of Orange Show Road, several surplus properties remained north and south
of Orange Show Road, west of Waterman Avenue. In 2001, staff was authorized to proceed with the sale
of four parcels. Appraisals were obtained for all four parcels. Parcel Four was sold, however no bids
were received for the remaining parcels. Parcel One was appraised for $41,000; Parcel Two was
appraised for $32,000; and Parcel Three was appraised for $174,000.
In November of2001, a Phase I Environmental Assessment was completed, and no negative
environmental impacts were noted. A new appraisal was obtained for Parcel Three and on June 17,
2002, Resolution No. 2002-163 was adopted establishing the fair market value for Parcel Three at the
revised appraisal amount of$132, 000.
Several attempts were made to obtain bids for the remaining three parcels. On February 20, 2002, staff
received one bid for Parcel One and two bids for Parcel Two as follows:
Bid Amount Submitted bv:
Terms
Parcel One: $ 42,711.00 Robbins & Associates on
behalf of William J. Doherty
All Cash
Parcel Two: N/A
Parcel Three: $134,711.00 Robbins & Associates on
behalf of William J. Doherty
All Cash
$140,000.00 John Lommel on behalf of
Charlie Klinakis
$40,000 down. Balance carried on a
five year note @ 6% per annum;
monthly payments of$I,933.29.
On March 17, 2002, bids were presented for your consideration and the single bid for Parcel One from
William J. Doherty was approved. The bid in the amount of$134,711 for William J. Doherty for Parcel
Three was approved. Although the bid from Charlie Klinakis was higher, the cash bid from William J.
Doherty was determined to be the best bid.
The attached resolution authorizes the execution of a Sales and Purchase Agreement between the City
and William J. Doherty for Parcels One and Three. The resolution also authorizes the execution of a
Grant Deed and necessary documents to bring the sale of these two parcels to a closure.
Staff Report - continued
In order to accepts bids for Parcel Two, staff will need to re-advertise a "Notice Inviting Bids". If
authorized, staff will go through the usual bidding process and bring the results forth at a future Council
Meeting.
FINANCIAL IMPACT:
Revenue from the sale of Parcel One ($42,711) and Parcel Three ($134,711) for a total amount of
$177,422, less closing costs.
RECOMMENDATION:
Adopt resolution and authorize staff to re-advertise for bids for Parcel Two.
No Scale
5th 51.
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LOCA TlON OF
CITY OWNED PARCELS
TO BE SOLD
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Sale of City owned parcels north
and south of Orange Show Road,
west of Waterman Avenue
~ indicates un-incorporated areas
wm within City's Sphere af Influence
Created by: L FOQ055Y Date: 0'5//4-/2002
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,
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY-OWNED
4 PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF ORANGE SHOW
5 ROAD, WEST OF WATERMAN AVENUE IN THE CITY OF SAN BERNARDINO.
6
7
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
SECTION I. That the Mavor of the Citv of San Bernardino is hereby directed
~. .
9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement a copy
10 of which is attached hereto as Exhibit "1", and a Grant Deed, a copy of which is attached
11 hereto as Exhibit "2", for the sale of certain City-owned property located north and south
12
of Orange Show Road, west of Waterman A venue in said City, and more fully described
13
14
15
16
17
18
19
20
in detail in said Exhibit "1" and said Exhibit "2".
SECTION 2. Said Agreement shall be null and void if either party fails to
execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
iii
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22
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24
25
26
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28
#17
If,.2./-03
04/21/03
1 RESOLUTION AlJTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF
CITY-OWNED PROPERTY LOCATED NORTH AND SOUTH OF ORANGE SHOW ROAD, WEST OF
2 WATERMAN AVENUE.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
5
meeting thereof
day of
. :20 . bv the following vote. to
~.
AYES
NAYS
ABSTAIN
ABSENT
MCGJJ\TNIS
12
13
14
15
DERRY
SUAREZ
ANDERSON
16 MCCAMMACK
17
18
19
20 The foregoing resolution is hereby approved this
City Clerk
day of
.20~
21
22
23 Approved as to form
and legal content:
24
JAMES F. PENMAN
25 City Attorney
26 .r~
27
28
JUDITH V ALLES. Mayor
City of San Bernardino
03:2403
2
SALES AND PURCHASE AGREEMENT
This Agreement ("AGREEMENT") is made and entered into this day of
2003, by and between the CITY OF SAN BERNARDINO. a municipal corporation ("'SELLER") and
WILLIAM 1. DOHERTY ("'BUYER") for the sale of City owned property ("PROPERTY") described
below.
PROPERTY to be sold is generally located north and south of Orange Show Road, west of Waterman
A venue. in the City of San Bernardino, State of California, also know as Assessor's Parcel No. 0136-
431-34 (Parcel One. hereafter referenced as "Parcel A") and 0136-421-23 (Parcel Three, hereafter
referenced as "Parcel B") and is more fully described in Exhibit "A" and Exhibit "B", and shown on
plat maps attached hereto as Exhibit "A-I" and Exhibit "B-1 ", 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:
I. 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 of two vacant, non-contiguous parcels as follows: Parcel "A" is approximately
16, 225 square feet and is designated IL (Light Industrial) in the City of San Bernardino's General
Plan; Parcel "B" is approximately 43,839 square feet and is designated OJP (Office Industrial Park)
and IL (Light Industrial) in the City of San Bernardino's General Plan.
3. Parties shall enter into escroW with First American Title Insurance Company, 323 West Court
Street, San Bernardino, California, 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 Forty Two Thousand Seven Hundred Eleven Dollars
($42,711) for Parcel "A" and One Hundred Thirty Four Thousand Seven Hundred Eleven Dollars
($134,711) for Parcel "B". SELLER hereby acknowledges that BUYER has deposited with
SELLER, a bid deposit amount of Five Thousand Two Hundred Dollars ($5,200) for Parcel "A"
and Fifteen Thousand Dollars ($15,000) for Parcel "B", 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. Deliver an executed Grant Deed to Escrow #65917G at First American Title Insurance
Company, 323 West Court Street, San Bernardino, California.
C. 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 permitted
exceptions. SELLER shall pay the premium for and charges related to the issuance of the
owner's title policy.
EXHIBIT "1"
SALES AND PURCHASE AGREEMENT - Two parcels. North and South of Orange Show Road. West
of Waterman Avenue, per Bid Spec No. 1505-223B
6. BUYER SHALL:
A. Pay the SELLER the sum of Forty Two Thousand Seven Hundred Eleven Dollars ($42,711) for
Parcel "A" and One Hundred Thirty Four Thousand Seven Hundred Eleven Dollars ($134,711)
for Parcel "B", 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 of title 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, then SELLER as its sole and exclusive remedy shall have the right to terminate this
AGREEMENT by giving BUYER written 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
SALES AND PURCHASE AGREEMENT - Two parcels, North and South of Orange Show Road, West
of Waterman Avenue, per Bid Spec. No. 15.05-223B
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written
above.
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
By:
WILLIAM J, DOHERTY
JUDITH V ALLES, Mayor
Approved as to form
and legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
RACHEL CLARK. City Clerk
3
EXHIBIT" A"
Legal Description for the Sale of City Property
Located North of Orange Show Road,
East of Amos Avenue
Parcel "A"
APN: 0136-431-34
That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page
13, records of the County Recorder of San Bernardino County, State of California, lying Northerly of the North
line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on
August 16,2000 as Document No. 20000294378, more fully described as follows:
Beginning at the Northwest comer of said Lot 56, thence South, along the West line of said Lot, a distance of
153.21 feet, more or less, to said North line of Orange Show Road; thence North 890 55' 26" East, along said
North line of Orange Show Road, a distance of 143.67 feet, more or less, to the East line of said Lot; thence
northwesterly, along said East line, to the North line of said Lot; thence west, along said North line, a distance of
69.39 feet, more or less, to the point of beginning.
If, ?25 square feet, more or less.
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I 3ALE OF CITY PROPERTY
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PARCEL "A"
APN 0136-431-34
16,225 sq. ft. t
File No. : 15.05-223
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Exhibit
"A-1"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
EXHIBIT "B"
Legal Description for the Sale of City Property
Located at the Southwest corner of Orange Show Road
and Waterman Avenue
Parcel "B"
APN: 0136-431-23
That portion of Lot 102, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps,
page 13, records of the County recorder of San Bernardino County, State of California, described as follows:
Beginning at the Northwest comer of said Lot 102, said point also being on the South line of Orange Show Road,
as described in Resolution No. 2000-235 of the City of San Bernardino, recorded August 16,2000 as Document
No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet;
thence South 000 04' 34" East, a distance of 1.30 feet; thence South 45002' 48" East, a distance of 43.77 feet to
the West line of Waterman A venue; thence south, along said West line to the South line of said Lot 102; thence
west, along said South line, to the West line of said Lot; thence northwesterly, along said West line, to the point of
beginning.
43,839 square feet, more or less.
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RECORDING REQUESTED BY
N'~ WHEN RECORDED MAIL THIS DEED AND.
I ;S OTHERWISE SHOWN. MAIL TAX
S. . "MENTS TO
William 1. Doherty
1402 Peacock Hill
Santa Ana, CA 92705
Esero".' No.:
APN: 0136-431-34 j 0136-431-23
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF
SAN BERNARDINO, a municipal corporation, hereby grants to WILLIAM J. DOHERTY, the real
property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTIONS ATTACHED AS EXHIBIT "A" and EXHIBIT "B"
CITY OF SAN BERNARDINO,
a municipal corporation
Dated:
By:
JUDITH V ALLES, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
} 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.lJ1er/their authorized capacity(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.
Signature
EXHIBIT "2"
EXHIBIT" A"
Legal Description for the Sale of City Property
Located North of Orange Show Road,
East of Amos Avenue
Parcel "A"
APN: 0136-431-34
That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page
13, records of the County Recorder of San Bernardino County. State of California, lying Northerly of the North
line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on
August 16,2000 as Document No. 20000294378, more fully described as follows:
Beginning at the Northwest corner of said Lot 56, thence South, along the West line of said Lot, a distance of
153.21 feet, more or less, to said North line of Orange Show Road; thence North 890 55' 26" East, along said
North line of Orange Show Road, a distance of 143.67 feet, more or less, to the East line of said Lot; thence
northwesterly, along said East line, to the North line of said Lot; thence west, along said North line, a distance of
69.39 feet, more or less, to the point of beginning.
16.225 square feet, more or less.
EXHIBIT "B"
Legal Description for the Sale of City Property
Located at the Southwest corner of Orange Show Road
and Waterman Avenue
Parcel "B"
APN: 0136-431-23
That portion of Lot 102, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps,
page 13, records of the County recorder of San Bernardino County, State of California, described as follows:
Beginning at the Northwest corner of said Lot 102, said point also being on the South line of Orange Show Road,
as described in Resolution No. 2000-235 of the City of San Bernardino, recorded August 16,2000 as Document
No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet;
thence South 000 04' 34" East, a distance of 1.30 feet; thence South 450 02' 48" East, a distance of 43.77 feet to
the West line of Waterman Avenue; thence south, along said West line to the South line of said Lot 102; thence
west, along said South line, to the West line of said Lot; thence northwesterly, along said West line, to the point of
beginning.
43,839 square feet, more or less.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
April 25, 2003
YOUR COpy
TO:
Laszlo 'Les' Fogassy, Real Property Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-85
At the Mayor and Common Council meeting of April 21, 2003, the City of San Bernardino
adopted Resolution 2003-85 - Resolution directing and authorizing the execution of a sales and
purchase agreement and the execution of a grant deed for the sale of city-owned property
generally located north and south of Orange Show Road, west of Waterman Avenue in the City
of San Bernardino.
Attached are three (3) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by June 20, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby aCknoWI~~4Pt of the above mentioned documents.
Signed: /'
Date:
L{/2,,/C"}
Please sign and return
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
April 25, 2003
TO:
Laszlo 'Les' Fogassy, Real Property Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2003-85
At the Mayor and Common Council meeting of April 21, 2003, the City of San Bernardino
adopted Resolution 2003-85 - Resolution directing and authorizing the execution of a sales and
purchase agreement and the execution of a grant deed for the sale of city-owned property
generally located north and south of Orange Show Road, west of Waterman Avenue in the City
of San Bernardino.
Attached are three (3) original agreements. Please obtain signatures in the appropriate location
and return one original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by June 20, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
g receipt ofthe above mentioned documents.
Signed:
Date:
'-f/Z'-I/t:JJ
,
Please sign and return
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 4- L\-o.~ Item # I ()
Vote: Ayes 1- 'i NaysB
Change to motion to amend original documents:
Resolution #
Abstain .e-
2(03- '65
Absent -A-
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: ==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: (,,0 v,,-/S- Ilo-Z00.3
By: -
Date Sent to Mayor:
.q- 2-3'b~
Reso. Log Updated: /
Seal Impressed: ,/"
Date of Mayor's Signature: '"' - -z..'t -<:.'-5
Date ofClerk/CDC Signature: 4- .z..4-o~
Date Memo/Letter Sent for Signature:
60 j}'YReminder Letter Sent o~day:
90 Day Reminder Letter Sent on 45th day:
'-1-;;15 .0 "::>
(0 ., \ I-C)"'>
/
See Attached: -"'- Date Returned:
See Attached"-/""
See Attached:
Request for Council Action & Staff Report Attached: Yes ./ No By
Updated Prior Resolutions (Other Than Below): Yes No / By
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No / By
Updated CDC Personnel Folders (5557): Yes No "7 By
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No/ B
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance Dev. Services ~ EDA
Police Public Services Water
Finance
MIS
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: _
Date:
Revised 01112/01