HomeMy WebLinkAbout2010-103
(NOTE: COMPANION RESOLUTION CDC/2010-24)
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RESOLUTION NO. 2010-103
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE SALE OF CITY PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF THIRD STREET,
WEST OF WATERMAN AVENUE TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") AND DIRECTING
AND AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE
AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE
SALE OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
9 community redevelopment agency duly created, established and authorized to transact business and
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exercise its powers, all under and pursuant to the California Community Redevelopment Law
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("CRL"), codified under Division 24, Part I of the California Health and Safety Code commencing
at Section 33000 and is authorized to construct improvements located within the approved
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14 redevelopment project areas in the City of San Bernardino ("City") in accordance with the CRL; and
15 WHEREAS, the Project Area displays substantial and pervasive symptoms of blight and
16 cannot be remedied by private parties acting alone without community redevelopment assistance;
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WHEREAS, the City, a municipal corporation, is the owner of the hereinafter described
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parcels of real property, generally located on the north side of Third Street, west of Waterman
Avenue, in the City of San Bernardino, State of California, known as Assessor's Parcel Nos.
("APN") 0135-191-13 and 0135-191-14 and more fully described in Exhibit "A" attached hereto
and made a part hereof; and
WHEREAS, the Agency desires to acquire these parcels of land for future development; and
WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council")
believe it is in the best interest of the City that said portion of real property be sold to the Agency;
and
P:\Agendas\Resoltuions\ResolutionsI2010\OS-03-10 Purchase of properties on 3rd and Watennan MCC Reso
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2010-103
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WHEREAS, the parcel known as APN: 0135-191-13 is encumbered by a lease to the State
of California National Guard for $1 per year which expires on April 30, 2062, and parcel known as
APN: 0135-191-14 is encumbered by a lease to the United States of America Army Reserve for $1
per year which expires May 14, 2052; and
WHEREAS, due to the encumbrance of said leases on said parcels herein described, City
and Agency staff have determined the parcels to have nominal fair market value; and
WHEREAS, the City and the Agency have negotiated a sales price of five hundred thousand
dollars ($500,000) for both parcels herein described; and
WHEREAS, pursuant to Section 2.65.050 of the San Bernardino Municipal Code, City
owned property may be sold to another public agency without the need for competitive bid.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
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FOLLOWS:
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Section 1.
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correct.
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Section 2.
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The information set forth in the above recitals of this Resolution is true and
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After having conducted a duly noticed public hearing, the Council deemed it
appropriate to approve this Resolution. The sale of that certain property generally located on the
north side of Third Street, west of Waterman Avenue, more fully described in the Sales and
Purchase Agreement ("Agreement") attached hereto as Exhibit "B", to the Agency in the amount of
Five Hundred Thousand Dollars ($500,000) is hereby approved.
Section 3. That the Mayor of the City of San Bernardino is hereby directed and authorized
to execute on behalf of said City, the Agreement, a copy of which is attached hereto as said Exhibit
"B", and approve a form of a Grant Deed in similar transactions for the sale of said City property as
described herein.
Section 4. Said Agreement shall be null and void if either party fails to execute the
Agreement within sixty (60) days ofthe date of adoption of this Resolution.
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2010-103
1 Section 5. This Resolution shall take effect upon its adoption and execution in the manner
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2010-103
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE SALE OF CITY PROPERTY
GENERALLY LOCATED ON THE NORTH SIDE OF TIDRD STREET,
WEST OF WATERMAN AVENUE TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") AND DIRECTING
AND AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE
AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE
SALE OF SAID PROPERTY (CENTRAL CITY EAST REDEVELOPMENT
PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a joint regular
, 2010, by the following vote to wit:
meeting thereof,
Navs
Abstain
Absent
~h.~
Rac G. Clark, City Clerk
20 The foregoing Resolution is hereby approved this d,nt day of
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May
,2010.
J.Morris,Mayo
San Bernardino
24 Approved as to Form:
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~);7/
~~~
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2010-103
EXHIBIT" A"
LEGAL DESCRIPTION
PARCEL ONE:
(APN: 0135-191-13)
PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA.
PARCEL TWO:
(APN: 0135-191-14)
PARCEL 8 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO
THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY
PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN
BERNARDINO, RECORDED JANUARY 15, 1991 AS DOCUMENT NO. 91-016345,
OFFICIAL RECORDS OF SAID COUNTY.
2010-103
EXHIBIT "B"
2010-103
SALE AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 3'd day of May, 2010, by and between the CITY OF SAN
BERNARDINO, a municipal corporation ("SELLER") and the "REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic",
("BUYER") mutually agree as follows:
I. SELLER, upon payment from BUYER in the amount of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00), shall deliver unto BUYER an executed Grant Deed for that
certain real property generally located on the north side of Third Street, west of Waterman
Avenue, in the City of San Bernardino, ("PROPERTY") being Assessor's Parcel Numbers
(APN) 0135-191-13 and 14, more fully described in Exhibit "A" attached hereto and made a
part hereof and depicted on a plat attached hereto as Exhibit "B", and made a part hereof.
2. BUYER shall deliver unto SELLER, funds in the amount of FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00) 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, and
easements on said PROPERTY including the leases set forth hereinafter.
4. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN:
0135-191-13 subject to an existing lease to the State of Cali fomi a, as set forth in the Lease
Agreement between SELLER and said lessee, dated May I, 1962, and any and all
amendments thereto. BUYER further acknowledges receipt of all documents pertaining to
said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all
SELLER's rights, interest and obligations as Lessor as set forth in said Lease Agreement.
5. BUYER hereby acknowledges and accepts that portion of the PROPERTY known as APN:
0135-191-14 subject to an existing lease to the United Stated of America, as set forth in the
Lease Agreement between the SELLER and said lessee dated May 9, 1952, and any and all
amendments thereto. BUYER further acknowledges receipt of all documents pertaining to
said lease from the SELLER and SELLER hereby assigns, and BUYER hereby accepts all
SELLER's rights, interest and obligations as Lessor as set forth in said Lease Agreement.
6. BUYER shall pay all recording fees and title fees, including but not limited to title insurance.
7. No obligation other than those set forth herein will be recognized.,
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2010-103
SALES AND PURCHASE AGREEMENT - CITY PROPERTY GENERALLY LOCATED ON THE NORTH
SIDE THIRD STREET, WEST OF WATERMAN A VENUE,
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
BY~
EMIL MARZU LO,
Interim Executive Director
CITY OF SAN BERNARDINO
BY:~~
PA cK'J. MO ayor
Approved as to Form:
ATTEST:
By: ~<-I;.1 6. -..;.. - =- ~.
JAMES F. PENMAN, Citf Attome
~ k.:.y ~h-I {,-,
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RAC EL CLARK, City Clerk
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2010-103
EXHIDIT "A"
LEGAL DESCRIPTION
PARCEL ONE:
(APN: 0135-191-13)
PARCEL 7 OF PARCEL MAP NO. 7140, AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES I AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA.
PARCEL TWO:
(APN: 0135-191-14)
PARCEL 8 OF PARCEL MAP NO. 7140,AS PER PLAT RECORDED IN BOOK 69
OF PARCEL MAPS, PAGES 1 AND 2, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO, STATE OF CALIFORNIA, SUBJECT TO
THE RESERVATION OF AN EASEMENT FOR STREET AND HIGHWAY
PURPOSES AS DESCRIBED IN RESOLUTION NO. 91-2 OF THE CITY OF SAN
BERNARDINO, RECORDED JANUARY 15,1991 AS DOCUMENT NO. 91-016345,
OFFICIAL RECORDS OF SAID COUNTY.
2010-103
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