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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director
Subject: Public Hearing - 10:00 am and
Resolution Authorizing Execution of an Agreement
- Sale of City Property, Northwest of University
Parkway, Northeast of Kendall Drive.
Dept: Development Services
Date: July31,2001
Synopsis of Previous Council Action:
File No. 15.05-228
MCC Date: 08-20-2001
05-07-01 --- Resolution No. 2001-91 was adopted, vacating a portion of University Parkway
northeasterly of Kendall Drive.
07-23-2001 - Resolution No. 2001237 was adopted determining fair market value and setting a
public hearing relative to the sale ofa portion of City property located northwest of University
parkway, northeast of Kendall Drive.
Recommended Motion:
1. Close the Public Hearing; and
2. Adopt Resolution.
James Funk
Contact person: LASZLO "Les" FOGASSY
Phone: 5026
Supporting data attached: Staff Report, Maps, Res. Ward: 5
FUNDING REQUIREMENTS: Amount:
None
Source: (Accl. No.) N/A
(Accl. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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31
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing - 10:00 am and Resolution Authorizing Execution of an Agreement - sale of
City Property, northwest of University Parkway, northeast of Kendall Drive.
BACKGROUND:
In May, 2000, University Commons, LtC, purchased City and Water Department property along
a portion of the westerly side of University Parkway, northeasterly of Kendall Drive, for the
purpose of a commercial retail development. Subsequently, University Commons requested to
vacate a portion of the westerly side of University Parkway, adjacent to the property purchased
from the City. On February 20,2001, staff was authorized to proceed with the vacation and on
May 7, 2001, Resolution No. 2001-91 was adopted, approving the vacation.
In 1964, the City acquired University Parkway, between Kendall Drive and Northpark Boulevard
in fee, rather than an easement. The purchase price was $1,350, or approximately $.04 per
square foot. Although a portion of University Parkway has been vacated, the City retains
ownership.
University Commons has indicated that they would like to purchase this strip from the City, to be
used for a setback of 10 feet for landscaping and vehicle parking relative to the proposed
development. One of the conditions of approval for the development was that the developer
acquires a lease, an easement or fee ownership of this strip from the City. Staff feels it would be
in the best interest of the City to sell this land rather than lease it or grant an easement to the
abutting owner. There is no apparent need by the City for this strip, except for a portion needed
for a deceleration lane which is required as a condition of approval, and for future extension of
the sidewalk, which will be retained by the City for right of way purposes. The strip of land is
encumbered by easements to Southern California Edison and Southern California Gas, and can
only be used for parking or open space purposes, unless the utility easements would be narrowed
in width or the utilities be relocated into street right-of-way.
Pursuant to Section 2.65.030 of the San Bernardino Municipal Code, property valued at less
then $25,000 may be sold without going through the public bid process, but a public hearing on
the proposed sale rnust still be held. On July 23, 2001, Resolution No. 2001-237 was adopted,
establishing the fair market value at $17,400, as determined by an appraisal submitted by James
Smothers, MAl and setting a public hearing for August 20,2001. City departments were notified
of the proposed sale and no conflicts were noted.
The attached resolution authorizes the execution of a Sale and Purchase Agreement and
authorizes the execution of a Quitclaim Deed to University Commons.
Staff Report- continued
FINANCIAL IMPACT:
Revenue of $17,400, less costs, from sale proceeds.
RECOMMENDATION:
Staff recommends that the hearing be closed and the attached resolution be adopted.
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1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
4 PROPERTY GENERALLY LOCATED NORTHWESTERLY OF UNIVERSITY
PARKWAY, NORTHEASTERLY OF KENDALL DRIVE IN THE CITY OF SAN
5 BERNARDINO.
6
7
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
9
and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a
10
11
12 attached hereto as Exhibit "2", for the sale of certain City property located northwesterly
13
copy of which is attached hereto as Exhibit" 1 ", and a Quitclaim Deed, a copy of which is
of University Parkway, northeasterly of Kendall Drive, in said City, and more fully
C 14 described in detail in said Exhibit "1" and said Exhibit "2",
15
16
17
SECTION 2. Said Agreement shall be null and void if either party fails to
execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
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1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND QUITCLAIM DEED FOR
SALE OF CITY PROPERTY NORTHWESTERLY OF UNIVERSITY PARKWAY, NORTHEASTERLY
2 OF KENDALL DRIVE
3
4
Common Council of the City of San Bernardino at a
5
6
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
held on the
day of
,20
, by the following vote, to
7 wit:
8
9
10
11
12
13
14
15
16
17
18
19
Council Members: A YES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,20_.
JUDITH V ALLES, Mayor
City of San Bernardino
02/26/01
2
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SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of .2001,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
UNIVERSITY COMMONS, LLC, ("BUYER"), mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of Seventeen Thousand Four
Hundred Dollars ($17,400.00), shall deliver unto BUYER an executed Quitclaim Deed for
a portion of that certain real property generally located northwesterly of University
Parkway, Northeasterly of Kendall Avenue, in the City of San Bernardino,
("PROPERTY") being a portion of University Parkway as vacated by Resolution No.
2001-91 of the Mayor and Common Council of the City of San Bernardino and more fully
described in Exhibit "A", attached hereto and made a part hereof.
2. BUYER shall deliver to SELLER, cash or certified funds in the amount of Seventeen
Thousand Four Hundred Dollars ($17,400.00), as payment in full for the purchase of said
PROPERTY.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances,
restrictions and easements on said PROPERTY.
4. BUYER agrees to indemnify, defend and hold hannless the SELLER, its directors,
officers, agents and employees from any and all damages, or injuries, or claims for
damages or injuries, of any nature arising out of this Agreement or the actions to be
conducted by the BUYER pursuant to this Agreement.
5. BUYER shall pay all recording fees and title fees, including but not limited to title
insurance.
6. BUYER shall submit to the City of San Bernardino, Public Works Department, a
Certificate of Compliance for a lot merger for each of the parcel(s) adjacent to the
property being conveyed herein, that are owned by the BUYER. Said submittal shall be in
a format acceptable to the City. Any fees, including recording fees, shall be the
responsibility of the BUYER. The recording of said Certificate of Compliance shall occur
concurrently with said Quitclaim Deed .
7. No obligation other than those set forth herein will be recognized.
/II
/II
/II
EXHIBIT "I"
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SALES AND PURCHASE AGREEMENI' - PORTION OF CITY PROPERTY LOCATED
NORTHWESTERLY OF UNIVERSITY PARKWAY, NORTHEASTERLY OF KENDAlL DRIVE.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
UNIVERSITY COMMONS, LLC
CITY OF SAN BERNARDINO
BY:
BY:
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Clark, City Clerk
j... a,.... _
2
REQUESTED BY AND
WHEN RECORDED MAIL TO:
,,--
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University Commons, LLC
c/o Berkson Realty Advisors
1337 India Street
San Diego, CA 92101
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, does hereby REMISE, RELEASE AND FOREVER
QUITCLAIM to UNIVERSITY COMMONS, LLC, the following real property located in the City of San
Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
"...-
L
DATE:
CITY OF SAN BERNARDINO,
a municipal corporation
By:
JUDITH V ALLES, Mayor
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) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/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.
"...-
\.-
Signature
EXHIBIT "2"
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EXHIBIT" A"
A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSillP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
BEING A PORTION OF THAT PORTION OF UNIVERSITY PARKWAY AS VACATED BY
RESOLUTION NO. 2000-91 OF THE CITY OF SAN BERNARDINO, RECORDED AS
DOCUMENT NO. 20010181612, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND
UNIVERSITY PARKWAY, AS SHOWN ON PARCEL MAP NO. 15537, AS PER PLAT
THEREOF RECORDED IN BOOK 192 OF PARCEL MAPS, PAGES 57 AND 58, RECORDS
OF SAID COUNTY;
THENCE NORTH 580 47' 58" EAST, ALONG SAID CENTERLINE OF UNIVERSITY
P ARKW A Y, A DISTANCE OF 41.85 FEET;
THENCE NORTH 310 12' 02" WEST, A DISTANCE OF 60,00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 800 36' 58" WEST, A DISTANCE OF 36.37 FEET;
THENCE NORTH 000 02' 33" WEST, A DISTANCE OF 19.09 FEET;
THENCE NORTH 580 47' 58" EAST, A DISTANCE OF 354.17 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3900,00 FEET, A RADIAL TO SAID BEARING BEARS NORTH 310 14'37" WEST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 09015' 09", AN ARC DISTANCE OF 629.80 FEET;
THENCE NORTH 490 31; 38" EAST, A DISTANCE OF 100,91 FEET;
THENCE NORTH 890 58' 16" EAST, A DISTANCE OF 43,75 FEET;
THENCE SOUTH 49031' 38" WEST, A DISTANCE OF 233.57 FEET;
THENCE SOUTH 490 52' 29" WEST, A DISTANCE OF 69.11 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
145.99 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF J60 01' 10", AN ARC DISTANCE OF 40.82 FEET TO THE BEGINNING OF A
REVERSE TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 199.56 FEET;
r THENCE SOUTIIWESTERL Y ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
\......- OF J40 18' 53", AN ARC DISTANCE OF 49,86 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTIIEAST, HAVING A RADIUS OF 3006.17
FEET;
THENCE SOUTIIWESTERL Y, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 03047' 01", AN ARC DISTANCE OF 198.52 FEET;
THENCE NORTI:I 80004' 50" WEST, A DISTANCE OF 18.92 FEET;
THENCE SOUTI:I 53014' 55" WEST, A DISTANCE OF 59.84 FEET;
THENCE SOUTII 050 46' 14" WEST, A DISTANCE OF 18.95 FEET;
THENCE SOUTII 470 49' 07" WEST, A DISTANCE OF 43.76 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTI:IWEST, HAVING A RADIUS
OF 3940.00 FEET, A RADIAL FROM SAID POINT BEARS NORTI:I 310 56' 25" WEST;
THENCE SOUTIIWESTERL Y, ALONG SAID CURVE, TI:IROUGH A CENTRAL ANGLE
OF 00042' 48", AN ARC DISTANCE OF 49.05 FEET;
,- THENCE SOUTII 580 47' 58" WEST, A DISTANCE OF 336,44 FEET, MORE OR LESS, TO
'-- TI:IE TRUE POINT OF BEGINNING.
CONTAINS 34, 808.62 SQUARE FEET, MORE OR LESS
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
August 24,2001
TO:
Les Fogassy, Real Property Official
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-249
At the Mayor and Common Council meeting of August 20, 2001, the City of San Bernardino
adopted Resolution 2001-249 - Resolution authorizing the execution of a sales and purchase
agreement and the execution of a quitclaim deed for the sale of City property generally located
northwesterly of University Parkway, northeasterly of Kendall Drive in the City of San
Bernardino.
Attached are three (3) original agreements and one original Quitclaim Deed. Please obtain
signatures in the appropriate locations and return one original agreement to the City Clerk's
Office as soon as possible, to my attention.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Signed:
/ 'Z&r; I
,
Please sign and return
Date:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 9,2001
TO:
Les Fogassy, Real Property Official
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-249 - Sale and Purchase Agreement
Our office has not received the sales and purchase agreement for the sale of City property
generally located northwesterly of University Parkway, northeasterly of Kendall Drive in the
City of San Bernardino, which was approved at the Mayor and Common Council meeting held
on August 20,2001.
Please forward the executed agreement to the City Clerk's office, to my attention; otherwise,
please submit a memo detailing its status.
Note: The resolution and agreement will be null and void if not executed by October 19, 2001.
If you have any questions, please call me at ext. 3206.
.1 ..'
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): '6"-;;)0--0 I Item #
Vote: Ayes '1'1-'1 Nays k
Change to motion to amend original documents:
:s I Resolution #
Abstain -G
ZCOI- 2""iCj_
Absent ;) ,~
,
Reso. # On Attachments: ./ Contract term: -
Note on Resolution of Attachment stored separately: =
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
NullNoid After: 100 DA-i ~ I /,,-1 C, -0 \
I
By: -
Date Sent to Mayor:
~-a_-G\
Reso. Log Updated:
Seal Impressed:
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Date of Mayor's Signature: 'i, -Z:s-C.,I
Date ofClerk/CDC Signature: ~-L"'---(', \
Date MemolLetter Sent for Signature:
60 Day Reminder Letter Sent on 3lltIl day:
90 Day Reminder Letter Sent on 45th day:
/'--;;)'1-0 \
lO-"t-o I
See Attached: ,/' Date Returned:
See Attached: /'
See Attached:
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):
Yes .,/ No By
Yes No ,/ By
Yes No ,/ By
-
Yes No ,/ By
Yes No 7 By
Copies Distributed to:
City Attorney
Parks & Rec.
,/
Code Compliance
Dev. Services ~ EDA
Police
Public Services
Water
Others:
Finance MIS
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Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File:_
Date:
Revised 01/12/01