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File No.15.06-006
CITY OF SAN BERtORDINO - REQUEST OR COUNCIL ACTION
Subject:
10:00 am - Public Hearing and Resolution
authorizing execution of Grant Deed, Sales
Agreement & other escrow documents for
1350 South "E" Street
From: ROGER G. HARDGRAVE, Director
Dept: Public Works/Engineering
Date: December 12, 1994
05-23-66
Synopsis of Previous Council action:
09-06-94
10-03-94
11-21-94
,DMIN '1216g-94
Resolution adopted authorizing 50 year lease at $1.00 per year with
San Bernardino Valley Municipal Water District for 1350 South "E"
Street.
Staff directed to proceed to research all legal processes to
initiate the purchase of City-owned property at 1350 South "E"
Street to San Bernardino Valley Municipal Water District and to
report findings to Council.
Mayor directed to obtain an appraisal jointly with San Bernardino
Valley Municipal Water District.
Continued to December 5, 1994.
Resolution of Intent to Sell, No. 94-373 adopted which sets a
Public Hearing date of December 19, 1994.
14 Lfi.:.\.. ';iL~ .2..1 .J~
Recommended motion:
1. That the hearing be closed.
AND
2. Adopt the Resolution.
Ch
~
Signature
cc: Shauna Clark, City Administrator
James F. Penman, City Attorney
RprnRrn Kpr~py_ ~pnprAl MAnA~pr
Supporting data attached: Staff ReDort. MaD. Resolution.
Contact person:
Anne DeBolt
Phone:
5328
Ward:
3
Amount:
FUNDING REQUIREMENTS:
Nnnp.
Source: IAcct. No,)
IAcct. DescriPtion)
Finance:
Council Notes:
75-0262
Agenda Item No
ri
CITY OF SAN BER.QRDINO - REQUEST ~R COUNCIL ACTION
STAFF REPORT
The San Bernardino Valley Municipal Water District approached the City indicating
their willingness to purchase the property they currently lease from the City,
located at 1350 South "E" Street. The lease does not terminate until the year
2016. Authorization was granted at the Council Meeting of 10-03-94 to prepare an
appraisal. Mr. Duke Hill was selected to prepare a Restricted Appraisal for the
property. The completed appraisal found a market value for this property to be
$190,000. This value considers the remaining years left on the lease (at $1.00
per year rent), the cost of replacing the building and all other current factors
which influence the sales price of a property.
The San Bernardino Valley Municipal Water District also received a copy of the
appraisal. After their Board of Directors met and considered the appraisal
report, Mr. Patrick Milligan informed City staff that the Board agreed to buy the
subject property for the appraised value of $190,000.
The City will retain that portion of the property occupied
tion. If the City ever abandons its use of the property,
Valley Municipal Water District would have first right of
this property.
by a sewer lift sta-
the San Bernardino
refusal to purchase
Conversely, in the event that SBVMWD decided to divest themselves of the property
located at 1350 South "En Street within the next 25 years, the City would be able
to purchase the property back at the current sales price ($190,000.00). In the
event the District elects to sell the property after this 25 year period the City
would have the first right of refusal to purchase the property.
As the lease of this property at $1.00 per year continues for another 22 years
and does not benefit the City monetarily, staff recommends acceptance of the
sales price offered of $190,000.
Any sale of City property with a value in excess of $2,000 is normally required
to be advertised for bids. However, the City Attorney's office has determined
that the sale of City property to another public agency at the fair market- value
is allowed by State law. However, Government Code S 37420 et. seg. requires a
finding be made that the public interest and convenience require the sale and the
adoption of a resolution of intent to sell. The previous resolution set a public
hearing for 10:00 a.m., Monday, December 19, 1994.
It is recommended that
izing the execution
documents be adopted.
the hearing be closed and the attached resolution
of the Grant Deed, the Sales Agreement and other
author-
escrow
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED CONVEYING THAT CERTAIN CITY
OWNED PROPERTY TO THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT AND
AUTHORIZING AND DIRECTING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE SALES
AGREEMENT AND OTHER ESCROW DOCUMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and the City Clerk of the City of San
8 Bernardino, are authorized and directed to execute on behalf of the City, a
9 Grant Deed conveying said property to the San Bernardino Valley Municipal
10 Water District, a copy of which is attached hereto, marked Exhibit "A"
11 and incorporated herein by reference as fully as though set forth at length.
12 SECTION 2. The Director of Public Works of the City of San
13 Bernardino is authorized and directed to execute on behalf of the City, a
14 Sales Agreement and such other escrow documents which may pertain to this
15 sale.
16 / /
17 / /
18 / /
19 / /
20 / /
21 / /
22 / /
23 / /
24 / /
25 / /
26 / /
27 / /
28 / /
12/12/94 1
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
14
15
16
17
18
19 of
20
21
22
23
24
25
26
27
28
12/12/94
SALE OF CITY -OWNED PROPERTY:
t"'"
'-',
1350 SOUTH "E" STREET TO SBV/fWD
, "'."
,.",1
1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardino at a
3
4
5
6
7
meeting thereof held on the _____ day of
1994, by the following vote, to-wit:
ABSTAIN
ABSENT
NAYS
AYES
COUNCIL IfE/fBERS:
NEGRETE
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day
, 1994.
TOM MINOR, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman,
City Attorney
By:
2
Order ":>.
Escrow No.
Loan No.
o
~
WHEN RECORDED MAIL TO.
SAN BERNARDINO VALLEY /'IUNICIPAL
WATER DISTRICT
P. .0. Box 5906
San Bernardino, CA 92412-5906
MAIL TAX STATEMENTS TO:
SPACE ABOVE THIS LINE FOR RECORDER S USE
DOCUMENTARY TRANSFER TAX S ....
... . Computed on the conSIderation or value at propeny conveyed: OR
. Computed on the conSideration or value less liens or encumbrances
remaining at time of sale.
SlQnature 01 Declarant or Agent aeterm,nlng lax. . . Frrm ~ame
GRANT DEED
FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged,
TIlE CITY OF SAN BERNARDINO, a municipal corporation
hereby GRANT(S) to
the SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, a lIUI1icipal water
district ..
the real property In the City of San Bernardino
County of San Bernardino
, State of California. descnbed as
That portion of Lot 23, Block 54, Rancho San Bernardino, as per plat thereof recorded in
Book 7 of Maps, Page 2, in the office of the County Recorder of said County, described as
follows:
* * * OVER * * *
TIlE CITY OF SAN BERNARDINO
Dated
STATE OF CALIFORNIA
COUNTY OF
'On
f
lss.
}
TOM MINOR, Mayor
before me.
RACHEL CLARK, City Clerk
perSOnally appeared
oerSOnally known 10 me (or pravea to me on the bas.s of satIsfactory
eVlClencelto oe!l1e aerson{s) whose name(s) Is'are subscnbed to the wltrlln
Instrument and aCknowledged to me tnat he:she'lhey executed the same
In hls:her theIr authOrized cacaC11'y(tesl. and thai by hlshef"thelr signa-
turefsl on tne Instrument the person(s) or the entity upon behalf of which
tne personlS) acted. executed [he InStrument
WITNESS 'l1y hand and official seal
Signature
EXHIBIT "A"
[Tn.s area lor off,c,al flel..)!,.!; S~dn
MAIL TAX STATEMENTS AS DIRECTED ABOVE
10021':94)