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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK,
Director
C.....,-,u,
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I II '"" iJ ~fll
Subject: Public Hearing (10:00 A.M,) and
Resolution authorizing the execution of a Sales
and Purchase Agreement and a Quitclaim Deed
- portion of City Water Department property,
east of Sterling Avenue, north of Foothill
Drive.
File No. 15.05-227
MCC Date: 03-19-2001
Dept: Development Services
Date: February 26, 2001
Synopsis of Previous Council Action:
None
Recommended Motion:
I. That the Public Hearing relative to the sale of a portion of City Water Department Property,
located generally east of Sterling Avenue and nQ.rth of Foothill Drive in the City of San
Bernardino be closed.
AND
2. Adopt Resolution.
~
James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 4
FUNDING REQUIREMENTS: Amount:
None
Source: (Acct. 'No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing (10:00 A.M.) and Resolution authorizing the execution of a Sales and Purchase
Agreement and a Quitclaim Deed - portion of City Water Department property, east of Sterling
Avenue, north of Foothill Drive.
BACKGROUND:
In February of 1974, the City of San Bernardino acquired approximately 158 acres of vacant
land, located east of Sterling Avenue, north of Foothill Boulevard, through a Land Patent from
the United States of America. Resolution No. 11723, adopted April 1, 1974, accepted the Land
Patent and designated the property for Water Department use.
In December of 1980, an approximately 15.45 acre strip of this parcel was granted to the San
Bernardino County Flood Control District, for a portion of Little San Creek Flood Control
Channel. The Flood Control portion bisects the larger parcel at the southeasterly corner of the
property, as shown on the attached map. The smaller remainder parcel is approximately 3.14
acres.
In October of 2000, the City Water Department received an offer to purchase the remainder
parcel from W. E. Leonard, who represents Mr. Ron Rezek, the owner of an approximately 117
acre parcel, a portion of which adjoins the 3.14 acre parcel to the east. Although the 3.14 acre
parcel is "landlocked" by itself, it would be accessible across Mr. Rezek's property, which has
public access from Aspen Drive, north of Hemlock Drive.
An appraisal was done on this property, along with other parcels, in April of 2000, by James
Smothers, a state certified appraiser. The value of the 3.14 acres was determined to be $8,950.00
and takes into consideration the very limited potential to develop this site due to the sloping
terrain and restricted access. On November 21,2000, the Board of Water Commissioners took
action to confirm the minimum sale price of the 3.14 acre parcel and authorized its sale.
Section 2.65.020 of the San Bernardino Municipal Code allows for the sale of City property,
valued at less than $25,000, to be sold without competitive bid, as long as the property is sold at
fair market value. Although no formal bidding will take place, a public hearing must be held
prior to the sale of this parcel.
On February 20, 2001, staffwas authorized to proceed with the proposed sale, and Resolution
No. 2001-44 was adopted, setting a Public Hearing for March 19, 2001. The Resolution was
published in the San Bernardino County Sun newspaper and all City departments were notified
of the proposed sale and no conflicts or reservations were noted. The attached Resolution
authorizes the execution of a Sales and Purchase Agreement and a Quitclaim Deed.
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Staff Report - continued
A Vicinity Map showing the location of the 3.14 acre parcel is attached as Exhibit "A", and a
detailed map is attached as Exhibit "B". The remainder of the larger parcel, which is
approximately 140 acres, will continue to be under the control and use of the Water Department.
This sale of this property is categorically exempt under CEQA and the Water Department will
file a Notice of Exemption with the Clerk of the County Board of Supervisors.
FINANCIAL IMPACT:
No cost to the City. All staff time and any appurtenant costs will be paid from the proceeds of the
sale, and the remainder is to be transferred to the Water Department.
RECOMMENDATION:
Staff recommends that the Public Hearing be closed and that the attached Resolution be adopted.
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Location of 3.14 Acre
City/Water Department Parcel
to be Sold
No Scale
5th 51.
Mill 51.
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Oron e Show Rd. {l'
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VICINITY MAP
EXHIBIT "A"
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Proposed Sale of City/Water
Department Parcel - East of
Sterling Avenue, North of Foothill
Drive ( 3.14 Acres)
~ indicates un-incorporated areas
~ within Cit 's S here of Influence
File No.: IS.05-'2.2-7
Created'by: 1-. HMS r.
Date: t/z'i/co/
GOVt:RNMENf LaT 5
SECTION 19
TOWNSHIP 1 NORTH
RANGE: 3 WfSr
S.B.S.M.
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GOVERNMENT LCJT 6
SECI10N /9
TOWNSHIP 1 NORTH
RANGE 3 WfST
S.B.B.M.
PREPARED BY:
~ .JOSEPH E. BONADIMAN & ASSOCIATES INC.
~ consulling engineers land surveyors
588 W. 6tfl Street San Bernardino. CA 92410
Pbone:(909)885-3806 - Fax."(909)387-7 721
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EAst 1/2 of THE
NOKTHWEST 1/4
secTioN /9
TOWNSHIP I HO,"H
RANGE: 3 WfSr
S.S.B.M.
~"'-<""'-'-'" '............ ..
3.14 Acre City Water Department
Parcel to be sold
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S4H BERNARDINO
COUNTY
nOOD COM'ROL DIST.
O.R. 81-010575
CENTER SECTION 19
EXHIBIT "B"
NOVfI,lBfR 2000
SCALf: "=400'
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
4 PROPERTY GENERALLY LOCATED EAST OF STERLING AVENUE, NORTH OF
FOOTHILL DRIVE IN THE CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a
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copy of which is attached hereto as Exhibit "I", and a Quitclaim Deed, a copy of which is
attached hereto as Exhibit "2", for the sale of certain City property located east of Sterling
Avenue, north of Foothill Drive, in said City, and more fully described in detail in said
Exhibit "1" and said Exhibit "2",
SECTION 2. That proceeds of the sale in the amount of Eight Thousand Nine
Hundred Fifty Dollars ($8,950), less staff costs, be transferred to the Water Department
17 upon the close of the sale,
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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,
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1 RESOLUTION AUTHORIZING EXEC!ITION OF AN AGREEMENT AND QUITCLAIM DEED FOR
SALE OF CITY PROPERTY EAST OF STERLING AVENUE, NORTH OF FOOTHILL DRIVE
3 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
meeting thereof
5
held on the
6
day of
,20_, by the following vote, to
wit:
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_,
JUDITII V ALLES, Mayor
City of San Bernardino
pproved as to form
d legal content:
AMES F. PENMAN
ity Attorney
y: ~~ 7. ic>>~
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2/26/0 I
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SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of .2001,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
RONALD R. REZEK, a single man ("BUYER"), mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of Eight Thousand Nine Hundred
Fifty Dollars ($8,950.00), shall deliver unto BUYER an executed Quitclaim Deed for a
portion of that certain real property generally located east of Sterling A venue, north of
Foothill Drive and southerly of the San Bernardino County Flood Control District
property, in the City of San Bernardino, ("PROPERTY") being a portion of Assessor's
Parcel Number 0155-361-22, 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 Eight Thousand
Nine Hundred Fifty Dollars ($8,950.00), 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
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 Ag~eemen~.
5. BUYER shall pay all recording fees and title fees, including but not limited to title
insurance.
6. No obligation other than those set forth herein will be recognized.
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EXHIBIT "I"
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SALES AND PURCHASE AGREEMENT ~PORTION OF CrIT PROPERTY LOCATED EASI'
OF STERLING AVENUE, NORTH OF FOOTHIIL 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:
RONALD R. REZEK
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Clark, City Clerk
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EXHIBIT "A"
Legal Description ofCily Water Department Parcel to be sold, located generally
East of Sterling Avenue and North of Foothill Drive.
That portion of the east one-half of the northwest one-quarter of Section 19,
Township I North, Range 3 West, San Bernardino Meridian, in the County of San
Bernardino, State of California, according to the official plat of said land on file in
the District Land Office, lying southeast of that portion conveyed to the San
Bernardino County Flood Control District by deed recorded January 15, 1981,
Instrument No. 81-010575, Official Records of said County.
.
EXCEPTING therefrom all oil, gas and other mineral deposits in the land so
patented, together with the right to prospect for, mine and remove the same,
according to the provisions of the Act of Congress of June I, 1938, as reserved in
the Patent recorded April 15, 1974, in Book 8409, page 578, Official Records of
said County and re-recorded May 31, 1974, in Book 8442, Page 176, Official
Records of said County.
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REQUESTED BY AND
WHEN RECORDED MAIL TO:
. W. E. Leonard
P.O. Box 1367
San Bernardino, CA 92402
APN: 0155-361-22
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER
QUITCLAIM to RONALD R. REZEK, a single man, the following real property located in the City of San
Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
~TE:
CITY OF SAN BERNARDINO,
a municipal corporation
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 hislher/their authorized capacity(ies), and that
by hislher/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"
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EXHIBIT "A"
Legal Description of City Water Department Parcel to be sold, located generally
East of Sterling Avenue and North of Foothill Drive.
That portion of the east one-half of the northwest one-quarter of Section 19,
Township I North, Range 3 West, San Bernardino Meridian, in the County of San
Bernardino, State of California, according to the official plat of said land on file in
the District Land Office, lying southeast of that portion conveyed to the San
Bernardino County Flood Control District by deed recorded January 15, 1981,
Instrument No. 81-010575, Official Records of said County.
EXCEPTING therefrom all oil, gas and other mineral deposits in the land so
patented, together with the right to prospect for, mine and remove the same,
according to the provisions of the Act of Congress of June 1, 1938, as reserved in
the Patent recorded April 15, 1974, in Book 8409, page 578, Official Records of
said County and re-recorded May 31, 1974, in Book 8442, Page 176, Official
Records of said County.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 23, 2001
TO:
Les Fogassy
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-53
I!1l\ieH~
At the Mayor and Common Council meeting ofF~20, 2001, the City of San Bernardino
adopted Resolution 2001-53 - Resolution of the City of San Bernardino directing and
authorizing the execution of a sales and purchase agreement and the execution of a quitclaim
deed for the sale of City property generally located east of Sterling Avenue, north of Foothill
Drive in the City of San Bernardino.
Enclosed are three (3) original agreements and one original Quitclaim Deed. Please obtain
signatures where indicated on the agreements and return 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 May 18,2001.
If you have any questions, please do not hesitate to contact me at ext. 3206, Thank you,
Michelle Taylor
Senior Secretary
I hereby a~~O~fedge re~t of the above mentioned documents,
Signed: /f; I k
C/'
Date: .J - 23 - 0 ,
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 1,2001
TO:
Les F ogassy, Real Property Official
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-53
On March 19, 2001, the City of San Bernardino adopted Resolution 2001-53 - Resolution
directing and authorizing the execution of a sales and purchase agreement and the execution of
a quitclaim deedfor the sale of City property generally located east of Sterling Avenue, north of
Foothill Drive in the City of San Bernardino.
Our office has not received the executed documents. If the documents have been signed, please
forward them to the City Clerk's Office, to my attention; otherwise, please advise me of their
status.
The resolution and agreement will be null and void if not executed by May 18, 2001.
If you have any questions, please call me at ext. 3206.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 30, 2001
TO:
Les F ogassy, Real Property Official
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-53 - Sale of City property generally located east of Sterling
Avenue, north of Foothill Drive.
On March 19,2001, the City of San Bernardino adopted Resolution 2001-53, resolution directing
and authorizing the execution of a sales and purchase agreement and the execution of a quitclaim
deed for the sale of City property generally located east of Sterling Avenue, north of Foothill
Drive in the City of San Bernardino.
A memo was sent to you on May 1,2001, regarding the status of this agreement; however, our
office has not received the executed documents. Please submit a memo detailing the status of
these documents.
If you have any questions, please call me at ext. 3206.
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 13, 2001
TO:
Les Fogassy, Real Property Official
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-53 - Purchase and Sale Agreement, Ronald R. Rezek
Our office has not received the executed sale and purchase agreement between the City of San
Bernardino and Ronald R. Rezek, which was approved at the Mayor and Common Council
meeting held on March 19, 200 I. Please submit a memo detailing the status of this agreement.
If you have any questions, please call me at ext. 3206.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 29, 2002
TO:
Les Fogassy, Real Property Official
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-53 - Purchase and Sale Agreement, City Property East of
Sterling Avenue, North of Foothill Drive (Ronald R. Rezek)
COPIES:
Marty Aaron, Executive Secretary
At the Mayor and Common Council meeting of March 19, 2001, the City of San Bernardino
adopted Resolution 2001-53 ~ Resolution directing and authorizing the execution of a sales and
purchase agreement and the execution of a quitclaim deed for the sale of City property located
east of Sterling Avenue, north of Foothill Drive in the City of San Bernardino.
Memos were sent to you on May 1, 2001, May 30,2001, and August 13,2001, requesting that
you forward the executed agreement to the City Clerk's Office, or submit a memo detailing the
status of the agreement. I am again requesting that you forward the executed agreement (copy
attached for reference) or submit a memo regarding the status of the agreement.
If you have any questions, please do not hesitate to call me at ext. 3206.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3-1"\ -0\ Item # <.f\ Resolution #
Vote: Ayes \-3 S-,,) Nays &- Abstain .e-
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Absent '9
Change to motion to amend original documents: -
Reso. # On Attachments: ~
Contract term:
NulllVoid After: ~ I \ ;;> <:Xl \
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
-
See Attached: .=
Date Sent to Mayor: :3. '2 \ ~{:, \
Date of Mayor's Signature: 3 -'2 ~ -~ I
Date ofClerk/CDC Signature: 3 - 2.3-0 \
Reso. Log Updated:
Seal Impressed:
v
v'"
Date MernolLetter Sent for Signature: 3 - 23.- a \
60 Day Reminder Letter Sent on 30th day: 5-\ -()~
!J.DafR~~der Letter Sent on-45th day: 'I ~7Cj'-O;)
See Attached: L Date Returned:
See Attached: u/"
See Attached: /
Request for Council Action & StatTReport Attached: Yes-L
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffie Folders (3985, 8234, 655, 92-389): Yes
No By
No -L By
No ---1L By
No Y By
No 11"" By
Copies Distributed to:
City Attorney 0/'
Parks & Rec.
Code Compliance
Dev. Services
,/ EDA
Finance
MIS
Police Public Services
Water
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. ete.)
Ready to File: _
Date: