HomeMy WebLinkAbout1988-348
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2 RESOLUTION NO. t!3fb'3Y8
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND
4 THE STATE OF CALIFORNIA FOR THE PURCHASE OF 69.43 + ACRES OF
STATE LAND IN THE CITY OF SAN BERNARDINO~
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
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CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
~he Mayor of the City of San Bernardino is
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hereby authorized and directed to execute, on behalf of said
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City, an agreement with the State of California for the purchase
of 69.43 + acres of State land in the City of San Bernardino. A
copy of said agreement is attached hereto marked Exhibit "A" and
incorporated herein by this reference as fully as though set
forth at length.
SECTION 2.
This Agreement shall not take affect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the Agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino, at an adj ourned regular
meeting held on the ~~ day
of
September
, 19~, by the following vote, to wit:
AYES:
Counci 1 Members ~eilly, Minor, Pope-Ludlam, Miller
NAYS: None
ABSENT:
Council Members Estrada, Flores, Maudsley
...----.---.
_~~a&'/~~~-
City Clerk
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RESO: AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY ~ND . .
STATE OF CALIFORNIA FOR PURCHASE OF 69.43t ACRES OF STATE LAND
IN THE CITY OF SAN BERNARDINO
day
The foregoing resolution is hereby approved this ~~~~
~ ,.
of . /1 /~
'0'~/?' .htAJ '1:-0 II 117,. /
(702t.~'""A./ r ~
~WilC. x, Mayor./
City of San Bernardino
Approved as to form
and legal content:
u-- l;t'kk .
. y Attorney
AGREEMENT FOR THE SALE OF REAL PROPERTY
THIS AGREEMENT entered into this 14th day of September
1988, by and between the State of California, acting by and
through the Director of General Services, hereinafter referred to
as "State", and the City of San Bernardino, hereinafter referred
to as "City".
City and State agree as follows:
1. state agrees to sell and City agrees to purchase the
real property containing approximately 69.43 acres, more or less,
described in the attached Exhibit "A" to this Agreement, which
exhibit is hereby made a part of this Agreement.
2. state will convey the property to the City by Grant Deed
(Exhibit "A") upon payment by City to State of $3,038,000, in the
following manner:
$300,000 representing the down payment that
must be paid to the state within 30 days of
opening escrow by the City with a title
company selected by the City, with the
balance to be paid to state through escrow
and escrow to close within 14 months from
the date of this Agreement.
3. It is understood that the property is to be used for the
development of residential housing. If it is determined prior to
the close of escrow that the property cannot meet CEQA and NEPA
requirements, or is unsuitable for this intended purpose because
AGREEMENT FOR THE SALE
OF REAL PROPERTY BETWEEN
STATE OF CALIFORNIA AND CITY OF SAN BERNARDINO
September 14, 1988
Page 2
of a condition of hazardous waste located on the property, the
down payment will be refunded to the City, City will not incur a
loss of the their down payment, and this Agreement will terminate
without liability to either party hereto.
4. State will convey the subject property to City without
warranty as to the condition or marketability of title.
In the
event acceptable title cannot be provided to City, this
Agreement may be terminated by either party without liability to
either party.
5. All escrow fees and title insurance premiums, if title
insurance is desired by City, shall be paid by City.
6. City acknowledges that City is purchasing the property
solely in reliance on City's own investigation, and that no
representations or warranties of any kind whatsoever, expressed
or implied, have been made by the State of California. State is
not aware of any toxic or hazardous waste materials being used or
disposed of on the subject site. Buyer acknowledges that as of
the close of escrow, Buyer will be aware of all site and physical
conditions, and other matters affecting the use and condition of
the property, and agrees to purchase the property in its "as is"
JFW:ss
September 14, 1988
2
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AGREEMENT FOR THE SALE
OF REAL PROPERTY BETWEEN
STATE OF CALIFORNIA AND CITY OF SAN BERNARDINO
September 14, 1988
Page 3
condition at the close of escrow.
7. IF CITY FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY
IN ACCORDANCE WITH THE TERMS HEREOF, IT IS AGREED THAT ANY COSTS
INCURRED BY THE STATE SHALL BE DEDUCTED FROM THE CITY'S DOWN
PAYMENT AND THE BALANCE THEREOF SHALL BE REFUNDED TO THE CITY.
SUCH COSTS SHALL NOT EXCEED $5,000.00.
8. No alteration or variation in the terms of this
Agreement shall be valid unless made in writing and signed by the
parties hereto.
JFW:ss
September 14, 1988
3
'"
AGREEMENT FOR THE SALE
OF REAL PROPERTY BETWEEN
STATE OF CALIFORNIA AND CITY OF SAN BERNARDINO
September 14, 1988
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year hereinabove set forth.
and Design
ATTEST:
(x~&'>/-I1I,.(~~~Y
City Clerk
APPROVED:
STATE PUBLIC WORK BOARD
BY:~
tI' G G . D TRA
Assistant Administrative
Secretary
AND
JFW:ss
September 14, 1988
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EXHIBIT "A"
PARCEL I:
In the City of San Bernardino, County of San Bernardino, State of California
a portion of Lots 3, 4, 5, 6, 8 and 9 of Block 51 Rancho San Bernardino per
map recorded in Map Book 7, Page 2 records of San Bernardino County, California,
described as follows:
COMMENCING at the intersection of the North line of 6th Street, an 82.50-
foot street, with the centerline of Tippecanoe Avenue;
Thence, along said North line of 6th Street, N 890 591 57" E, a distance of
2,208.17 feet to the Southeast corner of that certain parcel described in
the document recorded May 12, 1965 as document No. 18 in Book 6389, Page 24
records of San Bernardino County, said point being the True Point of
Beginning;
Thence, along the East line of said parcel, N 000 04' 47" E, a distance of
894.36 feet;
Thence, along the North line of said parcel, S 890 59' 57" W, a distance of
975.20 feet;
Thence, along the West line of that certain parcel described in deed
recorded November 22, 1923 as document No. 39 in Book 826, Page 70 of deeds,
records of San Bernardino County, N 000 02' 15" W, a distance of 192.91 feet;
Thence, along the North line of said parcel, S 870 29' 56" E, a distance of
96.06 feet;
Thence, along the projection of the East line of Tract 3982, recorded in Map
Book 50, Page 79, records of San Bernardino County, N 000 10' 47" E, a dis-
tance of 899.49 feet to the centerline of 9th Street as shown on map on file
in the office of the County Surveyor, County of San Bernardino, filed as
County Surveyor Map No. 2994;
Thence, along said centerline of 9th Street, S 890 59' 22" E, a distance of
39.06 feet to a point on the East line, projected, of the West 470.25 feet
of Lot 8, Block 51, Rancho San Bernardino as said West 470.25 feet of Lot 8,
Block 51 is shown on Record of Survey recorded in Book 27, Page 27 of Records
of Survey records of San Bernardino County;
Thence, along the East line of said West 470.25 feet of Lot 8, Block 51,
N 000 141 00" W, a distance of 1,286.00 feet to a point on the North line of
the l50-foot wide easement to San Bernardino County Flood Control per easement
recorded in Book 5177, Page 391, records of San Bernardino County;
Thence, along the North line of said Flood Control easement, N 680 14' 40" E,
a distdnce of 702.81 feet to the beginning of a tangent curve concave to the
South, having a radius of 1,575.00 feet;
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Thence, easterly along the arc of said curve, through a central angle of 210
501 51", a distance of 600.56 feet;
Thence, tangent to said curve S 890 541 2911 E, a distance of 9.99 feet to a
point in the East line of said Lot 9, Block 51 per map recorded in Map Book 7,
Page 2 records of San Bernardino County, California;
Thence, along the East line of said Lot 9, S 000 171 49" E, a distance of
1,658.90 feet to a point on the centerline of 9th Street per said County
Surveyor Map No. 2994;
Thence, S 000 121 54" E, along the projection of the East line of Del Rosa
Drive, per easement recorded in Book 8614, Page 536 records of San Bernardino
County, a distance of 1,249.93 feet to the beginning of a tangent curve
concave to the East, having a radius of 1,456.00 feet;
Thence, southerly along the arc of said curve through a central angle of 250
131 46", a distance of 641.13 feet;
Thence, tangent to said curve, S 250 261 40" E, a distance of 124.35 feet to
the North line of 6th Street;
Thence, along the North line of 6th Street, S 890 591 57" W, a distance of
615.50 feet to the True Point of Beginning.
EXCEPTING the following four described parcels:
Parcel 1:
In the City of San Bernardino, County of San Bernardino, State of California,
a portion of Lots 8 and 9, Block 51 of Rancho San Bernardino per map recorded
in Map Book 7, Page 2 records of San Bernardino County, California, described
as follows:
COMMENCING at the intersection of the North line of 9th Street and the East
line of the West 470.25 feet of said Lot 8, Block 51, Rancho San Bernardino
as said intersection is shown on Record of Survey recorded in Book 27,
Page 27 of Records of Survey, records of San Bernardino County;
Thence, along the North line of 9th Street, a distance of 17.00 feet to the
True Point of Beginning;
Thence, parallel to the East line of said West 470.25 feet of said Lot 8,
Block 51, N 000 141 00" W, a distance of 532.00 feet;
Thence, parallel to said North line of 9th Street, S 890 441 3011 E, a
distance of 477.00 feet;
Thence, parallel to the East line of the West 470.25 feet of said Lot 8,
Block 51, S 000 141 0011 E, a distance of 266.00 feet;
Thence, parallel to the said North line of 9th Street, S 890 441 3011 E, a
distance of 216.00 feet;
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Thence, parallel to the East line of the West 470.25 feet of said Lot 8,
Block 51, S 000 141 DO" E, a distance of 266.00 feet to the North line of
9th St reet ;
Thence, along the North line of 9th Street, N 890 441 3D" W, a distance of
693.00 feet to the True Point of Beginning.
Parcel 2:
In the City of San Bernardino, County of San Bernardino, State of California,
a portion of Lot 9, Block 51 of Rancho San Bernardino per map recorded in
Map Book 7, Page 2 records of San Bernardino County, California, described
as follows:
COMMENCING at the intersection of the North line of 9th Street with the West
line of Lot 8, Block 51 of Rancho San Bernardino per map recorded in Map
Book 7, Page 2 records of San Bernardino County;
Thence, along the North line of 9th Street, S 890 441 3D" E, a distance of
1,180.25 feet to the True Point of Beginning.
Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San
Bernardino, N 000 141 00" W, a distance of 266.00 feet;
Thence, parallel to the North line of 9th Street, S 890 441 3D" E, a distance
of 31.00 feet;
Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San
Bernardino, S 000 141 DO" E, a distance of 266.00 feet to the North line of
9th Street;
Thence, along the North line of 9th Street, N 890 441 3D" W, a distance of
31.00 feet to the True Point of Beginning.
Parcel 3:
In the City of San Bernardino, County of San Bernardino, State of California,
a portion of Lot 8, Block 51 of Rancho San Bernardino per map recorded in
Map Book 7, Page 2 records of San Bernardino County, California, described as
follows:
COMMENCING at the intersection of the North line of 9th Street with the West
line of Lot 8, Block 51 of Rancho San Bernardino per map recorded in Map
Book 7, Page 2 records of San Bernardino County;
Thence, along the North line of 9th Street, S 890 441 30" E, a distance of
470.25 feet to the True Point of Beginning.
Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San
Bernardino, N 000 141 0011 W, a distance of 532.00 feet;
Thence, parallel to the North line of 9th Street, S 890 441 3D" [, a distance
of 17.00 feet;
Page 3 of 5
Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San
Bernardino, S 000 141 00" E, a distance of 532.00 feet to the North line of
9th Street;
Thence, along the North line of 9th Street, N 890 441 30" W, a distance of
17.00 feet to the True Point of Beginning.
Parcel 4:
In the City of San Bernardino, County of San Bernardino, a portion of Lots 4
and 5, Block 51 per map recorded in Map Book 7, Page 2 records of San Bernardino
County, California, described as follows:
BEGINNING at the intersection of the South line of 9th Street, a lOa-foot
wide street, with the East line, projected, of Tract 3982 as recorded in Map
Book 50, Page 79, records of San Bernardino County;
Thence, along the South line of 9th Street, S 890 441 29" E, a distance of
597.06 feet;
Thence, parallel with the East line of said Tract 3982, S 000 101 47" W, a
distance of 294.08 feet;
Thence, S 890 591 57" W, a distance of 425.32 feet to the beginning of a tangent
curve concave to the North having a radius of 275.00 feet;
Thence, westerly along the arc of said curve through a central angle of 160
091 11", a distance of 77.53 feet to the beginning of a reverse curve concave
to the South, having a radius of 325.00 feet, from which point a radial line
bears N 160 091 07 E;
Thence, westerly along the arc of said curve through a central angle of 160
071 07", a distance of 91.43 feet;
Thence, tangent to said curve, N 890 581 00" W, a distance of 4.94 feet to a
point on the East line of said Tract 3982, said point being the intersection
of the North line of Union Street, a 50-foot wide street and the East line
of said Tract 3982;
Thence, along the East line of said Tract 3982, N 000 101 47" E, a distance
of 273.09 feet to the point of beginning.
PARCEL II:
That portion of the following described land lying East of the easterly line
of Del Rosa Avenue as conveyed to the City of San Bernardino by document
recorded February 11, 1975 in Book 8614, Page 536, Official Records of
San Bernardino County, State of California:
Those portions of Lots 3, 4 and 5, Block 51, Rancho San Bernardino as per
plat thereof recorded in Book 7 of Maps, Page 2, records of the County
Recorder of said County, described as follows:
BEGINNING at the intersection of the South line of Ninth Street and the West
line of Lot 31, Tract No. 4268 as per plat thereof recorded in Book 58 of
Maps, Page 45, records of the County Recorder of said County; thence South
along the West line of said Tract 4268 and along the West line of Elmwood
Road, 40.00 feet wide, to the North line of Sixth Street 82.50 feet wide;
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thence West along the North line of said Sixth Street to a point which is
2,208.17 feet East of the intersection of the centerline of Tippecanoe
Street and the westerly prolongation of the North line of said Sixth Street,
said point being the Southeast corner of that certain parcel described in
the document recorded May 12, 1965, Document No. 18, in Book 6389, Page 24
Official Records of said County; thence North along the East line of said
parcel, a distance of 894.36 feet to the Northeast corner thereof; thence
West along the North line of said parcel, a distance of 974.73 feet to the
Northwest corner thereof; thence North along the West "line of that certain
parcel described in the Deed recorded November 22, 1923, Document No. 39 in
Book 826 of Deeds, Page 70, Records of said County to a point which is 905.2
feet South of the North line of said Lot" 5; thence along a North line of
said land, East a distance of 92.3 feet to an angle point therein; thence
North along a West line of said land, a distance of 855.2 feet, more or
less, to the South line of said Ninth Street; thence East along the South
line of said Ninth Street to the Point of Beginning.
EXCEPTING AND RESERVING to the State of California from Parcels I and II all
mineral deposits as defined in Section 6407 of the Public Resources Code below
a depth of 500 feet, without surface rights of entry.
PD-11.10
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