HomeMy WebLinkAbout16-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject: Resolution authorizing the execution of
a Purchase and Sale Agreement and Quitclaim Deed
for City Water Department Property located on the
Northwest corner of Orange Show Road and
Washington Avenue.
File No.15.05-223
Synopsis of Previous Council Action: MCC Date: 06/18/2001
08-07-2000 - Resolution No. 2000-235 was adopted establishing right of way boundaries for Orange
Show Road, between Waterman Avenue and Twin Creek Flood Control Channel and authorization
was given to proceed with the sale of remnant parcels.
02-20-2001- Resolution No. 2001-35 was adopted establishing fair market value and giving notice
inviting bids for the sale of four City owned parcels located north and south of Orange Show Road, west
of Waterman Avenue.
04-16-01- Bid in the amount of$17, 200 for Mathis Davis and Eddie C, Davis was approved (Parcel Four)
From: JAMES FUNK, Director
Dept: Development Services 0 R f C : ; : A L
Date: May 21, 2001
Recommended Motion:
ADOPT RESOLUTION
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Maps,
Kes.
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) NIA
(Acct. Description) NIA
Finance:
Phone: 5026
Ward:
'3
Council Notes:
c./11)Ol
Agenda Item No. liD
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Purchase and Sale Agreement and Quitclaim Deed for City
Water Department Property located on the Northwest corner of Orange Show Road and Washington
Avenue.
BACKGROUND:
On August 7, 2000, Resolution No. 2000-235 was adopted, establishing the right of way boundaries for
Orange Show Road, between Waterman Avenue and the Twin Creek Flood Control Channel relative to
the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue. As a result of the
fee acquisition of various parcels between Waterman Avenue and the Twin Creek Flood Control
Channel (the remainder of Orange Show Road extension was acquired as easements), four remnant
parcels remain.
Staff was authorized to secure an appraisal on these parcels and on February 2, 2001, Resolution No.
2001-35 was adopted, setting the fair market value for the four parcels was follows
Parcel One: (City)
Parcel Two: (City)
Parcel Three: (City)
Parcel Four: (Water Dept.)
$41,000.00
$32,000.00
$175,000.00
$17,000.00
Resolution No. 2001-35 also authorized the advertising of a Notice Inviting Bids, and the various
parcels were also posted with "For Sale" signs, The deadline for submitting bids was March 20,200 I.
Only one bid was received, and it was only for Parcel Four, which is owned by the Water Department.
The bid, submitted by Mathis and Eddie Davis, who own the adjoining property, was for $17,200, The
bidder paid the required ten percent deposit, and wishes to carry the balance for $500 a month at 7.75%
interest.
On April 16, 2001, the bid from Mathis Davis and Eddie C, Davis was accepted. The attached
Resolution authorizes the execution of a Purchase and Sale Agreement and also the execution of a
Quitclaim Deed, The Water Department has prepared a Promissory Note and Deed of Trust, which will
be executed by the Davis's upon approval of this action.
FINANCIAL IMPACT:
None. The Water Department will collect all payments associated with this sale.
RECOMMENDATION:
Adopt Resolution
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PARCEL FOUR
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SALE OF CITY PROPERTY NORTH
AND SOUTH OF ORANGE SHOW
ROAD, WEST OF WATERMAN
AVENUE
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1. . 100'
PARCEL FOUR
Ptn, APN 0136-441-04
16,557 sq, ft, :i:
File No, : 15,05-223
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
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~(Q)~V
RESOLUTION NO,
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A PURCHASE AND SALE AGREEMENT AND QUITCLAIM DEED
RELATIVE TO THE SALE OF WATER DEPARTMENT PROPERTY LOCATED AT ORANGE
SHOW ROAD AND WASHINGTON STREET.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of the City of San
Bernardino a Purchase and Sale Agreement between the City and Mathis
Davis and Eddie C. Davis for said Water Department property
referenced in Section 2 below, a copy of which is attached hereto as
Exhibit "A" and made a part hereof.
SECTION 2.
The Mayor of the City of San Bernardino is hereby
authorized and pirected to execute on behalf of the City a Quitclaim
Deed to Mathis Davis and Eddie C. Davis for Water Department
property located at Orange Show Road and Washington Street in San
Bernardino and more particularly described in said Quitclaim Deed, a
copy of which is attached hereto as Exhibit "B" and made a part
hereof.
SECTION 3.
All proceeds from the sale of said property shall
be collected by the Water Department through that certain Promissory
Note executed by Mathis Davis and Eddie C. Davis.
SECTION 4.
Said Agreement shall be null and void if either
party fails to execute same within sixty (60) days of date of
adoption of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
meeting thereof, held on the
2001, by the following vote to wit:
day of
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE
AND SALE AGREEMENT AND QUITCLAIM DEED RELATIVE TO THE SALE OF WATER DEPARTMENT
PROPERTY LOCATED AT ORANGE SHOW ROAD AND WASHINGTON STREET.
COUNCIL MEMBERS
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
AYES
NAYS
ABSENT
ABSTAIN
Rachel Clark, City Clerk
of
The foregoing resolution is hereby approved this
, 2001.
day
18
19 Approved as to form
and legal content:
20
21 JAMES F, PENMAN
City Attorney
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Judith Valles, Mayor
City of San Bernardino
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EXHIBIT "A"
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY is
entered into by and between the CITY OF SAN BERNARDINO ("Seller")
and MATHIS AND EDDIE C, DAVIS ("Buyer") this
, 2001.
day of
WIT N E SSE T H
WHEREAS, Seller is the record owner of certain real property
generally knowI;! as Assessor's Parcel Number 0136-441-04 located in
the City of San Bernardino ("Property") and more fully described as
follows:
THAT PORTION OF LOT 2 5, VALLEY TRUCK FARMS TRACT No. 1995, AS PER PLAT
THEREOF RECORDED IN BOOK 29 OF MAPS, PAGE 13, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 25, AND FOLLOWING THE
VARIOUS COURSES AND DISTANCES OF ORANGE SHOW ROAD RIGHT OF WAY AS
DESCRIBED IN RESOLUTION No, 2000-235 OF THE CITY OF SAN BERNARDINO,
RECORDED ON AUGUST 16, 2000 AS DOCUMENT No, 20000294378; THENCE
SOUTH 890 53' 07" WEST, ALONG THE NORTH LINE OF SAID LOT 25, A
OISTANCE OF 10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 06'
53" EAST, A DISTANCE OF 10,97 FEET; THENCE SOUTH 500 27' 16" WEST,
A DISTANCE OF 42,82 FEET; THENCE SOUTH 000 22' 36" EAST, A DISTANCE OF
6 FEET; THENCE SOUTH 890 37' 24" WEST, A DISTANCE OF 357,02 FEET TO
THE WEST LINE OF SAID LOT 25; THENCE NORTH, ALONG SAIO WEST LINE AND
LEAVING SAID ORANGE SHOW ROAD RIGHT OF WAY, TO THE NORTHWEST CORNER OF
SAID LOT 25; THENCE EAST, ALONG SAID NORTH LINE OF LOT 25 TO THE TRUE
POINT OF BEGINNING.
CONTAINS 16, 557 SQUARE FEET :t
WHEREAS, on April 16, 2001, the Seller accepted the bid of
$17,200,00 from Buyer to purchase said property; and
WHEREAS, Buyer has deposited with the Seller the sum of One
Thousand, Seven Hundred Twenty Dollars ($1,720) as down payment for
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said property.
NOW THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged by each part to this Agreement, it is agreed
between the parties as follows:
SECTION 1.
Purchase Price. Seller agrees to sell the Property
to Buyer and Buyer agrees to purchase from Seller the Property on
the terms and conditions set forth in the Agreement.
The purchase
price of the Property shall be the total sum of Seventeen Thousand,
Two Hundred Dollars ($17,200), less deposit made by Buyer in the
amount of One Thousand, Seven Hundred Twenty Dollars ($l,720) for a
net amount of Fifteen Thousand,
Four Hundred Eighty Dollars
($15,480) payable in monthly payments of Five Hundred Dollars ($500)
plus interest at the rate of 7,75% per annum on the unpaid balance,
Payments will commence on July 1, 2001 and become due and payable on
the first of each month thereafter, Buyer shall execute a Promissory
Note and Deed of Trust as security for this indebtedness.
SECTION 2.
Condition of Property,
Seller is selling Property
in an "as-is" condition,
SECTION 3.
Transfer of Title.
Seller shall execute and
deli ver a Quitclaim Deed for the purpose. of conveying Property to
Buyer.
The Quitclaim Deed shall be dated as of the date of this
agreement,
SECTION 4. Condition of Title. Title to the Property shall be
free
and
clear
of
all
liens,
restrictions,
easements
and
encumbrances except for those accepted by the Buyer.
SECTION 5,
Possession.
Seller shall retain ownership of the
Property up to and including the date of recordation of the
Quitclaim Deed conveying title of the Property to the Buyer,
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whereupon the Buyer shall be entitled to irrunediate and exclusive
possession of the Property,
SECTION 6,
Hazardous Materials,
Seller represents that, to
the best knowledge of the Seller, there has been no production,
storage or disposal of any hazardous materials on the Property while
under ownership of the Seller or prior to ownership by the Seller,
and Buyer acknowledges that he has satisfied himself that Property
is free and clear of hazardous materials.
SECTION 7.
Broker Fees.
Each party to this Agreement
represents and warrants to the other party that they have not dealt
wi th any broker or other person entitled to claim a corrunission in
connection with this transaction,
Each party hereby agrees to
indemnify and hold the other party harmless from claims made by any
such person for a corrunission or like compensation,
SECTION 8,
Hold Harmless,
Buyer shall defend, indemnify and
hold harmless the Seller against all claims,
demands, suits,
judgements, legal expenses and attorney fees, if any, arising out of
the sale of Property to Buyer,
IN WITNESS WHEREOF, the parties to these present have hereunto
set their hands the year and date first above written.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
BUYER:
JAMES F, PENMAN
City Attorney
Mathis Davis
Eddie C, Davis
Page 3 of 3
. REQUES,ED BY AND
WHEN RECORDED MAIL TO:
Mathis Davis
.-
;" ddie C. Davis
'-'1144 South Washington Avenue
San Bernardino, CA 92408
APN: 0136-441-04
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, deos hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
MATHIS DAVIS and EDDIE C. DAVIS, the following real property located in the City of San Bernardino,
County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
/-
'-rs-A TE:
CITY OF SAN BERNARDINO
by:
mDITH V ALLES, Mayor
ATTEST:
RACHEL CLARK, City Clerk
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) islare subscribed
to the within instrument and acknowledged to me that helshelthey 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
~-
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,
'-
Signature
EXHIBIT lOB"
EXHIBIT A
>'-
Legal Description for the Sale of City Property
Located North of Orange Show Road,
West of Washington Avenue
'-
Parcel Four (Portion of APN 0136-441-04)
That portion of Lot 25, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page
13, records of the County Recorder of San Bernardino County, State of California, described as follows:
Commencing at the Northeast corner of said Lot 25, and following the various courses and distances of Orange
Show Road right of way as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on
August 16,2000 as Document No. 20000294378; thence South 890 53' 07" West, along the North line of said Lot
25, a distance of 10 feet to the True Point of Beginning; thence South 000 06' 53" East, a distance of 10.97 feet;
thence South 500 27' 16" West, a distance of 42.82 feet; thence South 000 22' 36" East, a distance of 6 feet; thence
South 890 37' 24" West, a distance of357.02 feet to the West line of said Lot 25; thence north, along said West
line and leaving said Orange Show Road right of way, to the Northwest corner of said Lot 25; thence east, along
said North line of Lot 25 to the True Point of Beginning.
Contains 16,557 square feet :t
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PURCHASE AND SALE AGREEMENT
THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY is
entered into by and between the CITY OF SAN BERNARDINO ("Seller")
and MATHIS AND EDDIE C, DAVIS ("Buyer") this
, 2001,
day of
WIT N E SSE T H
WHEREAS, Seller is the record owner of certain real property
generally known as Assessor's Parcel Number 0136-441-04 located in
the City of San Bernardino (" Property") and more fully described as
follows:
THAT PORTION OF LOT 2 5, VALLEY TRUCK FARMS TRACT No. 1995, AS PER PLAT
THEREOF E(ECORDED IN BOOK 29 OF MAPS, PAGE 13, RECORDS OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOW S :
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 25, AND FOLLOWING THE
VARIOUS COURSES AND DISTANCES OF ORANGE SHOW ROAD RIGHT OF WAY AS
DESCRIBED IN RESOLUTION No. 2000-235 OF THE CITY OF SAN BERNARDINO,
RECORDED ON AUGUST 16, 2000 AS .DOCUMENT No, 20000294378; THENCE
SOUTH 890 53' 07" WEST, ALONG THE NORTH LINE OF SAID LOT 25, A
DISTANC'C 0, 10 FEET TO THE TRUE PorNT OF BEGINNING; THENCE SOUTH 000 06'
53" EF.S~, A DISTANCE OF 10,97 FEET; THENCE SOUTH 500 27' 16" WEST,
A DISTF.c;:::~ OF 42,82 FEET; THENCE SOUTH 00022' 36" EAST, A DISTANCE OF
6 FEET; THENCE SOUTH 890 37' 24" WEST, A DISTANCE OF 357.02 FEET TO
THE WEST LINE OF SAID LOT 25; THENCE NORTH, ALONG SAID WEST LINE AND
LEAVING SAID ORANGE SHOW ROAD RIGHT OF WAY, TO THE NORTHWEST CORNER OF
SAID LOT 25; THENCE EAST, ALONG SAID NORTH LINE OF LOT 25 TO THE TRUE
POINT OF BEGINNING,
CONTAINS 16, 557 SQUARE FEET :!:
WHEREAS, on April 16, 2001, the Seller accepted the bid of
$17,200.00 from Buyer to purchase said property; and
WHEREAS, Buyer has deposited with the Seller the sum of One
Thousand, Seven Hundred Twenty Dollars ($1,720) as down payment for
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said property.
NOW THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged by each part to this Agreement, it is agreed
between the parties as follows:
SECTION 1,
Purchase Price,
Seller agrees to sell the Property
to Buyer and Buyer agrees to purchase from Seller the Property on
the terms and conditions set forth in the Agreement,
The purchase
price of the Property shall be the total sum of Seventeen Thousand,
Two Hundred Dollars ($17 ,200), less deposit made by Buyer in the
amount of One Thousand, Seven Hundred Twenty Dollars ($1,720) for a
net
of
Fifteen Thousand,
amount
Four Hundred Eighty Dollars
($15,480) payable in monthly payments of Five Hundred Dollars ($500)
plus interest at the rate of 7.75% per annum on the unpaid balance.
Payments will commence on July 1, 2001 and become due and payable on
the first of each month thereafter, Buyer shall execute a Promissory
Note and Deed of Trust as security for this indebtedness.
SECTION 2.
Condition of Property,
Seller is selling Property
in an lias-is" condition.
SECTION 3,
Transfer of Title,
Seller shall execute and
deli ver a Quitclaim Deed for the purpose of conveying Property to
Buyer.
The Quitclaim Deed shall be dated as of the date of this
agreement,
SECTION 4,
Condition of Title,
Title to the Property shall be
free
and
clear
of
all
liens,
restrictions,
easements
and
encumbrances except for those accepted by the Buyer,
SECTION 5,
Possession,
Seller shall retain ownership of the
Property up to and including the date of recordation of the
Quitclaim Deed conveying title of the Property to the Buyer,
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whereupon the Buyer shall be entitled to irrunediate and exclusive
possession of the Property,
SECTION 6.
Hazardous Materials,
Seller represents that, to
the best knowledge of the Seller, there has been no production,
storage or disposal of any hazardous materials on the Property while
under ownership of the Seller or prior to ownership by the Seller,
and Buyer acknowledges that he has satisfied himself that Property
is free and clear of hazardous materials.
SECTION 7.
Broker Fees,
Each party to this Agreement
represents and warrants to the other party that they have not dealt
wi th any broker or other person entitled to claim a corrunission in
connection with this transaction,
Each party hereby agrees to
indemnify and hold the other party harmless from claims made by any
such person for a corrunission or like compensation.
SECTION 8,
Hold Harmless.
Buyer shall defend, indemnify and
hold harmless the Seller against all claims,
demands,
suits,
judgements, legal expenses and attorney fees, if any, arising out of
the sale of Property to Buyer,
IN WITNESS WHEREOF, the parties to these present have hereunto
set their hands the year and date first above written.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
BUYER:
JAMES F. PEN~lAN
City Attorney
Mathis Davis
Eddie C, Davis
Page 3 of 3
REQUESTED BY ANO
WHEN RECORDED MAIL TO:
.,A1athis Davis
Ldie C. Davis
1144 South Washington Avenue
San Bernardino, CA 92408
APN: 0136-44].04
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, deos hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
MATHIS DAVIS and EDDIE C. DAVIS, the following real property located in the City of San Bernardino,
County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF
~TE:
CITY OF SAN BERNARDINO
by:
JUDITH V ALLES, Mayor
ATTEST:
RACHEL CLARK, City Clerk
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) islare subscribed
to the within instrument and acknowledged to me that helshelthey 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.
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'-
Signature
EXHIBIT A
-
Legal Description for the Sale of City Property
Located North of Orange Show Road,
West of Washington Avenue
,
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Parcel Four (Portion of APN 0136-441-04)
That portion of Lot 25, Valley Truck Farms Tract No. 1995, as per plat thereofrecorded in Book 29 of Maps, page
13, records of the County Recorder of San Bernardino County, State of California, described as follows:
Commencing at the Northeast corner of said Lot 25, and following the various courses and distances of Orange
Show Road right of way as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on
August 16,2000 as Document No. 20000294378; thence South 890 53' 07" West, along the North line of said Lot
25, a distance of 10 feet to the True Point of Beginning; thence South 000 06' 53" East, a distance of 10.97 feet;
thence South 500 27' 16" West. a distance of 42.82 feet; thence South 000 22' 36" East, a distance of 6 feet; thence
South 890 37' 24" West, a distance of 357.02 feet to the West line of said Lot 25; thence north, along said West
line and leaving said Orange Show Road right of way, to the Northwest corner of said Lot 25; thence east, along
said North line of Lot 25 to the True Point of Beginning.
Contains 16,557 square feet :t
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): (,-.\ '/,-01 Item #
Vote: Ayes 1-, Nays -e
Change to motion to amend original documents:
\ (,:, Resolution #
Abstain -6
2ba \ - 'Z.o3
Absent B
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately:-=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NulllVoid After: (,,0 Of:} 1 s I AucO. n, eml
By:
Date Sent to Mayor: ~ -Ze,-O \
Date of Mayor's Signature: 10-2.1-<:>\
Date ofClerklCDC Signature: (,,-z.-z.-o \
Reso. Log Updated: /"
Seal Impressed: /
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned: fJ - C\ -() \
Date MemolLetter Sent for Signature:
Co - z.:z. -{j \
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
,/
No
No~
No ---1L
No V
No /"
By
By
By
By
By_
Yes
Yes
Yes
Yes
Yes
Copies Distributed to:
City Attorney r/
Parks & Rec.
Code Compliance
Dev. Services ~ EDA
Police
Public Services
Water
Others:
Finance MIS
~ h:>6""SS'j
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, ctc,)
Ready to File: ~
Date: r'1-() I
Revised 01/12/01