HomeMy WebLinkAbout2008-039
(Repealed by 2008-89)
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR
MARKET VALUE OF CERTAIN REAL PROPERTY LOCATED ON BOYD STREET,
4 NORTH OF CLUSTER STREET, COMMONLY KNOWN AS ASSESSOR'S PARCEL
5 NUMBER 0136-051-45, RELATIVE TO THE EXPANSION OF THE CITY YARDS,
AUTHORIZING SAID PURCHASE AND AUTHORIZING AND DIRECTING THE
6 EXECUTION OF A SALES AND PURCHASE AGREEMENT.
RESOLUTION NO. 2008-39
7 WHEREAS, the City of San Bernardino desires to acquire that certain parcel of real
8 property located on Boyd Street, north of Cluster Street in said City, being a portion of real
9 property conunonly known as Assessor's Parcel Number 0136-051-45, and more fully described
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in Exhibit "I" attached hereto and made a part hereof, relative to the expansion of the Public
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Services operations of the City Yards; and
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WHEREAS, Ramon C. Machado is the record owner of said real property to be
14 acquired; and
15 WHEREAS, an appraisal has been prepared by Smothers Appraisal, a California general
16 certified appraiser in the amount of$88,000.00; and
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WHEREAS, City has reviewed the appraiser's determination of the fair market value of
the land and his report thereon; and
WHEREAS, the City and property owner have negotiated the amount of $100,000.00 as
21 the purchase price of said real property; and
22 WHEREAS, the difference between the purchase price and the appraised value is less
23 than the City's additional costs if the City were to acquire the property by condemnation;
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
26 SECTION 1. Said parcel of real property owned by Ramon C. Machado, as described in
27 said Exhibit "A", is hereby determined to have a fair market value of $100.000.00 based on the
28 report by said appraiser and as further negotiated by City staff and the property owner.
01/31/2008
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE OF
2 CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET,
COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBER 013(j..05I-45, RELATIVE TO THE
3 EXPANSION OF THE CITY YARDS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND
DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT.
4
5 SECTION 2. The purchase of said real property, as described herein, in the amount of
6 $100,000.00, plus closing costs estimated to be $2,100.00, is hereby approved.
7 SECTION 3. The Mayor and Common Council hereby find that the acquisition of said
8 real property and the proposed development is consistent with the General Plan land use
project site of no more than five acres substantially surrounded by urban uses; has no value as
12 habitat for endangered, rare or threatened species; would not result in any significant effects
13 relating to traffic, noise, air quality or water quality; can be adequately served by all required
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utilities and public services; and is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA), pursuant to Class 32, Section 15332, Article 19 of the
CEQA Guidelines.
SECTION 4. The City Manager is hereby directed and authorized to execute on behalf
of said City, a Sales and Purchase Agreement, a copy of which is attached hereto as Exhibit "2",
for the purchase of certain real property located on Boyd Street, north of Cluster Street in said
City, and more fully described in said Exhibit "1".
22 SECTION 5. Said Agreement shall be null and void if either party fails to execute the
23 Agreement within sixty (60) days of the date of adoption of this Resolution.
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01/31/2008
2
1
RESOLUTION OF THE CITY OF SAN BERNARDINO EST ABLISHING FAIR MARKET VALUE OF
2 CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET,
COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBER 0136-051-45, RELATIVE TO THE
3 EXPANSION OF THE CITY YARDS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND
DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT.
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5
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a j oint regular
7 meeting thereof held on the 4th day of February , 20~, by the
8 following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER
x
BRINKER
x
DERRY
x
KELLEY
x
JOHNSON
x
x
MCCAMMACK
c~- h. ~
22 The foregoing resolution is hereby approved this /;,rN day of February
,20JllL.
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~ ~'
AT K'J. MO ,Mayor
Approved as to form:
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,~
ES F. PENMAN
Attorney
01/3112008
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LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California,
descrrbed as follows:
PARCEL I:
THE EAST HALF OF THAT PORTION OF THE J. W. WATERS JR., IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA AS PER PLAT RECORDED
IN BOOK 7 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER UNE OF "B' STREET, NOW
MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH UNE
OF LOT 9 IN BLOCK 11 OF THE ABOVE SUBDMSION; RUNNING THENCE EAST TO THE CENTER
UNE OF BOYD STREET, AS SAID BOYD STREET IS SHOWN ON THE MAP ABOVE; THENCE
SOUTH 96 AND 2/3 FEET; THENCE WEST TO A POINT IN THE CENTER UNE OF "B" STREET,
ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE
NORTH TO THE POINT OF BEGINNING.
APN: 0136-051-45-0-000
EXHIBIT "'"
2008-39
SALES AND PURCHASE AGREEMENT
This Agreement ("AGREEMENT") is made and entered into this 4rh day of FphTlI~TY
20 Jl8...., by and between the CITY OF SAN BERNARDINO, a municipal corporation ("BUYER") and
RAMON C. MACHADO ("SELLER") for the purchase of real property ("PROPERTY") described
below.
PROPERTY to be sold is generally at the west side of Boyd Street, north of Cluster Street in the City of
San Bernardino, State of California, also know as Assessor's Parcel No. 0136-051-45 and is more fully
described in Exhibit "A", and shown on the plat map as Exhibit "A-I ", 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 one vacant parcel, and is approximately 12,566 square feet, or 0.29 acres,
and is designated CH (Commercial Heavy) 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 One Hundred Thousand Dollars ($100,000.00).
5. SELLER SHALL:
A. Deliver an executed Grant Deed to Escrow at First American Title Insurance Company, 323
West Court Street, San Bernardino, California.
B. 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.
C. Remove all personal property from the PROPERTY prior to the close of escrow.
6. BUYER SHALL:
A. Pay the SELLER the sum of One Hundred Thousand Dollars ($100,000.00) 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
2008-39
SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as
Assessor's Parcel No. 0136-051-45.
I) Covenants, conditions, restrictions and reservations of record.
2) Easements and/or 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 oftitle in escrow, and its obligations shall be
subject to its approval of the condition of title as provided therein.
C. Pay all ofthe escrow, title, recording and closing costs incurred in this transaction. Pay the
premium for charges related to the issuance of an owner's title policy.
7. BUYER'S DEFAULT.
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 written notice
thereof. Upon termination of this AGREEMENT, all funds deposited into escrow, less any
applicable fees charged by escrow for termination, shall be refunded by escrow to the BUYER.
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
all funds deposited by BUYER into escrow, less any applicable fees charged by escrow for
termination, together with any interest earned thereon, shall be returned to BUYER, and neither
party hereto shall have any further rights or obligations hereunder.
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2008-39
SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as
Assessor's Parcel No. 0136-051-45.
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.
SELLER:
BUYER:
By:
F
ATTEST:
~~,6, ~
RAC EL CLARK, City Clerk
Approved as to form:
ES F. PENMAN,
Attorney
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2008-39
EXHIBIT itA"
LEGAL DESCRIPTION
Real property in the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
PARCEL 1:
THE EAST HALF OF THAT PORTION OF THE J. W. WATERS JR., IN THE CITY OF SAN
BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA AS PER PLAT RECORDED
IN BOOK 7 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENGNG AT THE POINT OF INTERSECTION OF THE CENTER UNE OF "B' STREET, NOW
MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH UNE
OF LOT 9 IN BlOCK 11 OF THE ABOVE SUBDMSION; RUNNING THENCE EAST TO THE CENTER
UNE OF BOYD STREET, AS SAID BOYD STREET IS SHOWN ON THE MAP ABOVE; THENCE
SOUTH 96 AND 2/3 FEET; THENCE WEST TO A POINT IN THE CENTER UNE OF "B" STREET,
ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE
NORTH TO THE POINT OF BEGINNING.
APN: 0136-051-45-0-000
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Prepared by: Ryan Sandoval
FILE NO.:
15.05-255
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PROPOSED ACQUISITION OF AN .29 ACRE VACANT PARCEL
lOCATED ON BOYD STREET, NORTH OF CLUSTER STREET.
APN: 0136-051-45
Dale:
8/29/07
Legend:
~ = AREA PROPOSED TO BE ACQUIRED