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Home My WebLink About2008-089 1 2 RESOLUTION NO. ?OOR-RQ RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR 3 MARKET VALUE OF CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET, COMMONLY KNOWN AS ASSESSOR'S PARCEL 4 NUMBERS 0136-051-45 AND 0136-051-52, RELATIVE TO THE EXPANSION OF THE 5 CITY YARDS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT; AND 6 REPEALING RESOLUTION NO. 2008-39. 7 WHEREAS, the City of San Bernardino desires to acquire two parcels of real property 8 located on Boyd Street, north of Cluster Street in said City, being real property commonly 9 known as Assessor's Parcel Numbers 0136-051-45 and 0136-051-52, and more fully described in 10 Exhibit "1" attached hereto and made a part hereof, relative to the expansion of the Public 11 12 Services operations of the City Yards; and 13 WHEREAS, Ramon C. Machado is the record owner of said real property to be 14 acquired; and 15 16 certified appraiser in the amount of $88,000.00; and WHEREAS, an appraisal has been prepared by Smothers Appraisal, a California general 17 18 19 the land and his report thereon; and WHEREAS, City has reviewed the appraiser's determination of the fair market value of 20 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; 24 25 WHEREAS, the City wishes to repeal resolution No. 2008-39, adopted on February 4, 2008, which approved the acquisition of only Assessor's Parcel Number 0136-051-45; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 28 04/03/2008 SECTION 1. Said two parcels of real property owned by Ramon C. Machado, as described in said Exhibit "1 ", are hereby determined to have a fair market value of $100.000.00 based on the report by said appraiser and as further negotiated by City staff and the property 9 owner. 10 SECTION 2. The purchase of said real property, as described herein, in the amount of 11 $100,000.00, plus closing costs estimated to be $2,100.00, is hereby approved. 12 SECTION 3. The Mayor and Common Council hereby find that the acquisition of said 13 real property and the proposed development is consistent with the General Plan land use 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 designation and policies and applicable zoning regulations; occurs within the City limits on a project site of no more than five acres substantially surrounded by urban uses; has no value as habitat for endangered, rare or threatened species; would not result in any significant effects relating to traffic, noise, air quality or water quality; can be adequately served by all required 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, a Sales and Purchase Agreement, a copy of which is attached hereto as Exhibit "2", for the purchase of said real property located on Boyd Street, north of Cluster Street, and more fully described in said Exhibit "1". SECTION 5. This Resolution is rescinded if either party fails to execute the Agreement within sixty (60) days of the date of adoption of this Resolution. 04/03/2008 2 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE OF CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET, 2 COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBERS 0136-051-45 AND 0136-051-52, RELATIVE TO THE EXPANSION OF THE CITY YARDS, AUTHORIZING SAID PURCHASE AND 3 AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT; AND REPEALING RESOLUTION NO. 2008-39. 4 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 7 8 joint regular meeting thereof held on the day of April , 20~, by the 7th following vote, to wit: 9 10 11 12 13 14 15 16 17 18 19 20 21 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X BAXTER x BRINKER X DERRY X KELLEY X JOHNSON x MCCAMMACK x ~~~ h UftJe City~ ~p~ 22 The foregoing resolution is hereby approved this ~ day of 23 ,20~. April 24 25 Approved as to form: 26 27 28 ~'MaYOr 04/03/2008 3 2008-89 EXHIBIT "2" SALES AND PURCHASE AGREEMENT This Agreement ("AGREEMENT") is made and entered into this 7th day of April 20 08 , 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 known as Assessor's Parcel No's. 0136-051-45 and 0136-051- 52 and are more fully described in Exhibit "A", and shown on the plat map as Exhibit "A-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: 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 of two vacant parcels, and are approximately 12,609 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: 1 SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel No's. 0136-051-45 and 0136-051-52. 1) 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 of title in escrow, and its obligations shall be subject to its approval of the condition of title as provided therein. C. Pay all of the 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. III III 2 SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel No's. 0136-051-45 and 0136-051-52. 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: FRED ATTEST: Approved as to form: 1<tl'~tJ L{l~ RACH~. LL C ~L~A~I C~. ~er12 _ -I- <<t ~~ 6-:3. ~~- ~.~ I /d <# 3 EXHIBIT itA II 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 CALIFORNIA 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 LINE OF "B' STREET, NOW MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF LOT 9 IN BLOCK 11 OF THE ABOVE SUBDIVISION; RUNNING THENCE EAST TO THE CENTER LINE 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 LINE 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. PARCEL 2: THAT PORTION OF THE J. W. WATERS JR. SUBDIVISION OF LOTS 1, 2, 3, 41 151 161 17 AND 181 BLOCK 9, RANCHO SAN BERNARDINO IN THE CITY OF SAN BERNARDINOI COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA A PER PLAT RECORDED IN BOOK 7, OF MAPS, PAGE 38, RECORDS OF SAID COUNTYI DESCRIBED AS FOLLOWS: THE SOUTH .33 FEET OF LOT 12, BLOCK 11 OF SAID SUBDIVISION. APN: 0136-051-45-0-000 and 0136-051-52-0-000 r-----tHtto--ffIRtft --~ -- -- - --- - ---ItflUf-=--.., ~ ~ ~ .r I: t I . )' -\ . II!. ;~ ~ l~ : 0:10 ., i: I : I"'. I I .. ~ i IS : I : 2 : 3;:: .. ! ~ j Ii ~ i I I : i: I It I I I . I . I I I' I ~ l I I ' I ' I . I ., · ' :; .:' .T~ --- _L H )__n_'- u.". ..-: ~~~: ~ ~:;~::==~~;4~~==~~:~~:'-~~~~ I ("-.n..,;;H__': ,-------...-----1 -;- - I,;; 7;" 1 I T L. LO' _ __ __ __ -1 ~- -.. ----- - u - i @ .... I. $ ~ ~ 10 ~ .....,. L..__----..----: ~&....---_.lIiJlII~ - I" ,. ~: ~,z : . o . - ;: iiii f " I to'--. ....----11 . . , . . I .!t !: : . ~-.~----.-...-~ ;--.------.-.-1 . . I . ;.---...--:--.~ ~---...----u.1 I . , )( r ---.---.-----; ~--_mll.--...lllI.-l : t; ; t ! ~.__----- _.._~ ~-----._..---.i I . r : ~ I _ · n_' _ = ~.-.._...-----: ~---_.... : I s: : 6 : ~.--------_... ! ~ --- -. -. --_...~ : .,: : I : : I . :. EXHIBIT '~-1" u _. '. u - .. -~ J... .. - - -- . -. - - -- - - . -t"...... IS ,~ ". . '" , 't I I I r.....- ------.. ---I r-u...... I I. ---. I ~ : : I II I ~----- -------.! ~_.... --" - ---- ! : : ~__.u---~-----i ~.--___~_..n_' .. : : : s. . , ~_..__----..---: i -. . . I : : : I . . I w I _. n- __ _ .l~.-- ~ II! @ '50 * o___._u--..- ~ ~ ~ I II - ..... U t:I" I . I- - w'&--HItHH- - - -- ---"..-- tI '16 ~ @~.. I I @Ii ... @ ;: ; :J . , liln___1O__ct?n.: .. _ ___ _ _ _ _ __ _.4.", '1.. . ., ... 11 11 j.. 4: _.1 " I - _u__d" ---' i:rnu----- 'tl ~i .. 1:10 ::: .. €> ~ ~ .__....-....--i:~.---....~. -.'" 1 IP ...1;:110 : I .L~_~'_~.~'~'':':-=-~~~-~;;~---.~~. _~ 0; CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED ACQUISITION OF TWO ADJACENT VACANT PARCELS LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET. APN's: 0136-051-45 & 0136-051-52 Prepared by: Ryan Sandoval FILE NO.: 15.05-255 Date: 8/29/07 Legend: ~ = AREA PROPOSED TO BE ACQUIRED - - = CITY YARDS BOUNDARY