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File No. 15.0~-173
Cn:V,OF SAN BER~~ARDIr-JO - REQUEST fOR COUr."~CIL A~TION
. RO.GER G. HARDGRAVE
From:
Subject:
Sale of City Owned Property:
South,of Belleview Street,
West of Pennsylvania Avenue
Public Works/Engineering
Dept:
November 6, 1985
i...
Date:
Synopsis of Previous Council action:
09/13/85 -- Authorized sale.
Recommended motion:
Adopt Resolution.
cc: John Matzer Jr., City Administrator
Ci ty Attorney
c1i~~
Supporting data attached:
Yes
Ward:
5328
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Contact person:
LOll Little
Phone:
FUNDING REQUIREMENTS:
Amount:
None
Source:
lUA
N/A
Finance:
Council Notes:
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75-0262
Agenda Item No.
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CI'C' 'OF SAN BERNARD(~O - REQl()ST FOR COUNCIL Al,JION
STAFF REPORT
The City of San Bernardino has received a request from the
adjacent property owner to sell a parcel of land located South
of Belleview Street, West of Pennsylvania Avenue.
Six appraisers were asked to give us their cost and length of
time in which we could receive a letter of valuation for this
land and two o.ther City-owned parcel s. 'Mr. C. M. Benefiel was
the local apprai ser that bid the lowest and could provide the
valuation than sooner than the only other appraiser that
submitted a bid.
11r. Benfiel
$11,300.00.
amount.
has established the value of this parcel at
We recommend that the bidding start at this
The bid package has been prepared and attached in accordance
with the established procedures.
We recommend that the resolution be passed in order that we may
proceed with the sale.
URGENCY CLAUSE:
Mr. Daniel DeWitt, President of A to Z Paint Company,
the property owner to the West is developing his
property. Should he be t~e successful bidder for
this parcel, he will extend his company immediately;
He cannot wait any longer.
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RESOLUTION NO.
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RESOLU'rION OF THE CITY OF SAN BERNARDINO GIVING NOTICE
2 INVITING COMPETITIVE SEALED AND ORAL BIDS FOR THE SALE OF CERTAIN
REAL PROPERTY Ol'iNED BY SAID CITY, GENERALLY LOCA'fED SOU'l'!I OF
3 BELLEVIEW STREET, WEST OF PENNSYLVANIA AVENUE, IN SAID CITY,
4 ESTABLISHING A MlNI:1UM SALE PRICE FOR SAID PROPERTY.
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WHEREAS, the City of San Bernardino, a municipal
6 corporation, is the owner of the hereinafter described parcel of
7 real property situated in the City of San Bernardino, State of
8 California; and
9 WHEREAS, the Mayor and Common Council of the City of San
10 Bernardino find and determine that there is no further ne'ed or
11 necessity for the use of sail real property; and
12 WHEREAS, the Mayor and Common Council of the City of San
13 Bernardino believe it to be in the best interest of the City that
14 said parcel of real property be disposed of at the highest price
15 obtainable in the open market,
16 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
17 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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19 sealed and oral bid proposals for the disposition of the
SECTION 1.
Notice is hereby given inviting competitive
20 following real property, more particularly described in and
21 subject to the terms of Specification No. 15.05-173 on file in
22 the office of the Director of Public Works/City Engineer, Real
23 Property Section, City Hall, 300 North "D" Street, San
24 Bernardino, California, and generally described ftS follows:
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"A triangular parcel of vacant land consisting of
approximately 12,000 square feet, located South of
Belleview Street, West of Pennsylvania Avenue."
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27 SECTION 2. The minimum aCGeptable bid for said property is
28 as follows:
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$11,300.00 cash selling price.
SECTION 3. Each sealed bid proposaJ. must be accompan ied by
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3 a cashier's check in an amount equal to 10% of the total purchase
4 price bid.
SECTION 4.
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Sealed bids must be delivered to the Office of
6 the City Administrator, City Hall, 300 North nDn Street, San
7 Bernardino, California, on or before the hour of 2:00 p.m.,
8 December 10, 1985, at which time said sealed bids shall be opened
9 and publicly declared. The results of said bidding shall be
10 submitted to the Mayor and Common Council at the hour of 2:00
11 p.m., at the Council Chambers, City Hall, 300 North nD" Street,
12 San Bernardino, California, at the next regularly scheduled
13 Council Meeting following the opening of bids. At that time,
14 oral bids may be received as follows:
In $250.00 increments, provided that the initial oral
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bid shall be in an amount not less than the highest
sealed bid plus $250.00.
The successful bidder shall
be re~uired to make a non-refundable deposit in an
amount equal to 10% of the total price bid with the
City Clerk, prior to the end of the meeting or within
two hours of the awarding of the bid, whichever shall
occur later.
23 The oral bidding for the sale or disposition of the property
24 shall be continued in the same manner until all bidding shall
25 have been completed, and an award made to the highest bidder by a
26 5/7th vote of the City Council. The successful bidder, as
27 determined by the Mayor and Common Council, shall make a non-
28 refundable deposit by cash, cashier's check or money order in an
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1 amount which, together with any deposit made with a sealetl lJiJ of
2 bidder, shall equal ten percent of the total price bid for the
3 roperty. Such deposit shall be made with the City Clerk prior
4 to the end of the meeting or within two hours of the awarJing of
5 the bid, whichever shall occur later. The Mayor and Common
6 Council shall have the right to reiect all bids.
7 SECTION 5. Copies of the "Description of Property,
8 Requirements of Bidders, Requirements of Sale and the Official
9 Bid Form" may be obtained in the Office of the Director of Public
10 orks/City Engineer, Real Property Section, Room 405, City Hall,
11 300 North "D" Street, San Bernardino, California.
12 SECTION 6. All written bid proposals must be signed, sealed
13 and delivered as indicated in Section 4. No bid proposal will be
14 considered which fails to offer a sum equal to or greater than
15 the minimum acceptable bid prices established herein, or which is
16 filed at a later time or at a different place or with a different
17 person than as stated in Section 4, unless there is substantial
18 compliance as determined by the City Administrator in his sole
19 discretion.
20 SECTION 7. This resolution shall be posted on or near the
21 door of the Council Chambers, City Hall, San Bernardino,
22 California, and Notice Inviting Bids for the disposition of said
23 property shall be published not less than once, at least ten days
24 prior to the date for filing bid proposals with the City
25 Administrator, in the San Bernardino Sun, a newspaper of general
26 circulation published and circulated in said City.
27 I HEREBY CERTIFY that the foregoing resolution 'was duly
28 adopted by the Mayor and Common Council of the City of San
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Bernardino at a meeting thereof, held on the
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day of , 1985, by the following vote, to
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AYES: Council Members
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NAYS:
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ABSENT:
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City Clerk
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11 The foregoing resolution is hereby approved this day
12 of , 1985.
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Mayor of the City of San Bernardino
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Approved as to form:
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18 City Attorney
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StateofCaliforn.ia )
County of San Bernardino) SS
City of San Bernardino )
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I do hereby certify that the foregoing Resolution No.
, is a full, true and correct copy of that now on
file in this office.
IN WITNESS WHEREOF, I
affixed the seal of the
day of
have hereunto
Ci ty of San
, 1984.
set my hand and
Bernardino, this
Clty Clerk
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BID SPECIFICATION NO. 15.05-173
DISPOSITION OF CITY-OWNED LAND
SOUTH OF BELLEVIEW STREET, WEST OF ~ENNSYLVANIA AVENUE
NOtICE is hereby given inviting competitive bids for the sale of a
parcel of City-owned land consisting of approximately 12,000 square
feet, located South of Belleview Street, West of Pennsylvania Avenue, in
the City of San Bernardino.
1. LOCATION AND DESCRIPTION OF SUBJECT PROPERTY:
(A) Property Location: a triangular parcel of land consisting of
approximately 12,000 square feet, currently vacant, located South of
Belleview Street, West of Pennsylvania Avenue, in the City of San
Bernardino.
(B) legal Description:
That portion of the land in Lot 5, Block 66, Rancho San
,Bernardino, as per plat recorded in Book 7 of Maps, page 2, in
the office of the County Recorder of said County, described in
deed recorded in Book 1693 Official Records, page 150 in said
office, which lies Northerly of a line parallel with and
distant Southerly 50 feet measured at right angles from the
line described as follows:
BEGINNING at the intersection of the centerline of Pennsylvania
Avenue with the centerline of Arrow Route in said City; thence
along said centerl ine of Arrow Route South 89 52' 49" West
785.78 feet; thence continuing along said last mentioned
centerline South 84 40' 02" West 351.47 feet to the centerline
of Rancho Avenue in said City, the True Point of Beginning;
thence North 87 38' 06" East 419.91 feet; thence Northeasterl y
412.67 feet along a tangent curve concave to the Northwest and
having a radius of 850 feet; thence tangent to said curve North
59 49' 05" East 340.64 feet; thence Northeasterly 445.32 feet
along a tangent curve concave to the Southeast and having a
radius of 850 feet to a point in the centerline of Rialto
Avenue in said City, said last mentioned centerline being
parallel with and distant Northerly 41.25 feet measured at
right angles from the North line of Lots 5 and 6, Block 66, in
said Rancho San Bernardino; thence along said last mentioned
centerl i ne and tangent to said last menti oned curve North 89
50' '08" East 876.45 feet; thence Easterly 77.48 feet along a
tangent curve concave to the South and having a radius of 1000
feet; thence Easterly 77.48 feet along a reverse 'curve concave
to the North and having a radius of 1000 feet; thence North 89
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50; 08" East parallel with and distant Northerly 35.25 feet
measured at right angles from said North line of lots 5 and 6
to a point in the Northerly prolongation of the East line of
saidLot6.
The bearing South 00 58' East of the centerline of
Pennsylvania Avenue in said City, as recited in deed recorded
in Book 504 Official Records, page 216, in said office, was
used as a basis of bearin9 for the foregoing description.
Property herein described lies within the boundaries of the
City of San Bernardino; excepting therefrom the South 50.00
feet thereof.
(C) Zoning: SUbject property is currently zoned "0" (OPEN).
2. MINIMUM BID:
THE MINIMUM ACCEPTABLE BID FOR SAID REAL PROPERTY TO BE SOLO IS AS
FOLLOWS:
ELEVEN THOUSAND, THREE HUNDRED OO~LARS
($11,300.00)
3. INSPECTION:
The property may be inspected at will or by making arrangements with
the Real Property Section, City Hall~ 300 North "0" Street, San
Bernardino, California, Telephone No. (714) 383-5111.
4. SEALED BIOS:
Sealed bids, submitted on the official bid form attached herewith,
will be r e c e i v e dun t i 1 2: 0 0 P. M ., De c e m be r 10, 1985, at the 0 f f ice
of the City Engineer, Room 405, City Hall, 300 North "0" Street, San
Bernardino, California, 92418, at which time they will be publicly
opened, examined and declared. The results of said bidding shall be
submitted to the Mayor and Common Council at their regularly
scheduled meeting of December 16, 1985, or any adjourned or
continued date thereof.
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5. SEALED BID DEPOSIT:
Each sealed bid shall be accompanied by a Cashier's Check in an
amount equal to at least ten percent (10%) of the price bid, made
payable to the CITY OF SAN BERNARDINO. Failure to provide such bid
deposit shall require rejection of the sealed bid.
6. ORAL BIDS:
Oral bids shall be received by the Mayor and Common Council at 9:00
A.M., on December 16, 1985, or as soon thereafter as the matter may
come on to be heard, unless the f1ayor and Common Council determine,
on the b'asis that no written bids had been received, to readvertise
or remove the property from sale. The first oral bid shall be in
an amount at least ten percent (10:1;) greater than the highest
written bid submitted, and thereafter oral bids shall be in amounts
of at least one hundred dollars greater than any prior oral bid. If
no written bids were received, then th'e first oral bid shall be made
in an amount of at least the minimum bid as stated in the paragraph
entitled "MINIMUM BID."
7. SUCCESSFUL BIDDER'S DEPOSIT:
The successful bidderj as determine~ by the Mayor and Common Council
after hearing oral bids, shall make a non-refundable deposit by
cash, Cashier's Check, or money order in an amount which, together
with any deposit made with a sealed bid of said bidder, shall equal
at least ten percent (10%) of the total price bid for the sUbject
property. The successful bidder's deposit shall be made with the
City Clerk prior to the end of the meeting or within two hours of
the awarding of the bid, whichever shall occur later.
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UNSUCCESSFUL BIOS:
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All sealed bid deposits of unsuccessful bidders will be promptly
returned, without interest, after determination of the successful
bidder by the Mayor and Common Council, or upon rejection of all
bids.
9. RESERVED RIGHTS:
(A) The Mayor and Common Council shall have the ri ght to reject all
bids.
10. ESCROW:
The successful bidder, as determined by the Mayor and Common
Council, will be required to enter into escrow within (10) days
after said determination. The escrow instructions shall include,
but not be limited to:
(A) The recording of the Grant Deed from the City and the closing
of escrow within a sixty (60) day period.
(B) Th~ amount bid by the successful bidder shall be paid into
escrow by cash, Cashier's Check, or money order, in an amount equal
to the total price bid minus the successful bidder's deposit.
(C) Escrow, Title pOlicy, and other fees will be paid 50% by the
City, and 50t by the successful bidder, except for the documentary
tax, which will be paid by the successful bidder.
(.0) The parties hereby agree that it would be extremely difficult
or impossible to determine the amount of damages suffered by the
City as a result of any failure by the successful bidder to execute
escrow instructions within the allotted time, or to deposit the
agreed upon terms of the ~urchase price; therefore, it is a
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condition of the bidding procedure that the Successful Bidder's
.Deposit shall be retained by the City,as liquidated damages and not
as a penalty in the event of any said failure.
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