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HomeMy WebLinkAbout32-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public Hearing 4:00 p.m. - Resolution Authorizing Execution of a Sales and Purchase Agreement and a Quitclaim Deed - Sale of a portion of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue. Dept: Development Services Date: March 24, 2009 File: 15.05-264 MCC Date: April 20, 2009 Synopsis of Previous Council Action: 03/16/2009 - Resolution No. 2009-50 declaring property surplus, establishing fair market value and setting a public hearing for City Water Department property, generally located at the intersection of Foothill Drive and Sterling Avenue, was adopted. Recommended Motion: I. That the Public Hearing relative to the sale of City Water Department property, generally located at the intersection of Foothill Drive and Sterling Avenue, be closed. AND 2. Adopt Resolution. _(//~~ Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Memo, Reso Ward(s): 4 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A Council Notes: Acct. Description: N/A Finance: ~?' ?'C}:'C}-Ll7 Agenda Item No. g~ 1./--2/J--Oif CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Public Hearing 4:00 p.m. - Resolution Authorizing Execution of a Sales and Purchase Agreement and a Quitclaim Deed - Sale of a portion of City Water Department property generally located at the intersection of Foothill Drive and Sterling Avenue. Backl!:round: On October 21, 2008, the City of San Bernardino Municipal Water Department Board of Water Commissioners ("Board"), declared .03 acres of Water Department property as surplus property, generally located at the intersection of Foothill Drive and Sterling A venue, and being a portion of APN 0155-361-25. The City acquired the 168.73-acre site through a Land Patent from the United States Government in April 1974 for City Water Department use. The site is currently being used as a water reservoir and is located in the foothills of the San Bernardino mountains. Due to the natural hilly terrain, there is a large slope along the southeasterly portion ofthe property. The base of the slope is directly adjacent to the residence located at 2028 Foothill Drive. This portion ofland is difficult to maintain due to the natural slope and poses a liability to the Department due to a past experience with flooding onto private property. The property owner of the residence, Michael McNally, has requested the property be deeded to him from the Water Department for the purpose oflandscaping and maintaining this portion of the slope that abuts the property. Since this portion of the slope is of no use to the Water Department, it was recommended by the Board to declare the property as surplus and to sell the surplus area to the adjoining property owner. The property owner is agreeable to the purchase. The surplus property is 0.03 acres and consists of approximately 1,114 square feet of sloping land, and is shown more specifically on the attached plat map. Due to the size and location of the slope, the Board also recommended a determination of a nominal value of $500. Section 2.65.020 of the San Bernardino City Municipal Code allows the sale of property valued under $25,000 to be sold at fair market value, but without the need for competitive bidding. The Land Patent that conveyed the property to the City had reservations to the United States for ditches and canals, but did not contain any restrictions on the sale of the land or any portion of the land. On March 16, 2009, Resolution No. 2009-50 was adopted, declaring the property surplus, establishing the nominal value of $500 as the fair market value and setting a public hearing for April 20, 2009, to consider said sale. City departments were notified of the proposed sale and no conflicts were noted. 2 The attached resolution authorizes the execution of a Sale and Purchase Agreement and authorizes the execution of a Quitclaim Deed to Michael McNally. Financial Impact: All net sales proceeds will go to the San Bernardino City Municipal Water Department. The buyer will pay any recording costs associated with the sale of this property. Recommendation: That the public hearing be closed and the attached resolution be adopted. Attachments: Vicinity Map Plat Map Memo Resolution 3 LOCA TION OF CITY WA TER DEPARTMENT PROPERTY Highland Ave. Base Line St. 5th St Centra Ave. ,; ~ . g ~ . ~ ~ ;:: MillSt Orange how Rd. .. . 10 jI( VICINITY MAP (] NO SCALE y . CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Sale of a portion of City Water Department property generally located at the intersection of Foothill Dr. and Sterling Ave. (ptn of APN 0155-361-25) ~ indicates un-incorporated areas within City's ~ Sphere of Influence Created by: Ryan Sandoval Date: 2/11/2009 SCALE: I ""'SOO' NW COR. SEe. 19 30.01' EXHIBIT "B" I'... 4, l't) - - ci <: h ~ l) M Q? ~ J-.: ~ ~ N88'U'12"W 2692.69' SHEET I OF 2 N 1/4 COR. ste. 19 1342.68' 132aoO' 111.20' PARCEL J V ~ ~ ~ .N,,- 0; ~... ,.,,, --- ~ ~ /- "\/ SEE SHEET 2 , , I I , 1 1 1 1 SEe. 19, T.l N., 1 R.3W., S.B.M. 1 1 GOVT LOT 5 1 1 PARCEL 2 CERnF/CATE OF:COMPlbWCE NO. 2005-004 INST. NO.12005-0283484, O.R. <!; N59'13'24"W 101 (4-22-2005) ....: ~ 295.00' i:~ E 1/2, NW 1 /4, ~ ~ ""I Qi SECT/ON 19 "" - - - - - - - - - - - -l ~ CERnF/CATE OF COMPLIANCE . ~ ~I DOC. NO. 01-104401, aR. '0-. '0 c;::),:.t" .......1 ''0 ~- ~I ...,~ ~I ~ <: ~I "" 1 ...".'t. k 1 .6 ~:") 1~'J1 f;JJ' ,,~ ~'J ~~ .. . 310.00' N89'50'1I "W SBCFCO INST. NO, 81- ,'t 010575, o.R. ~.l)'J 705.00' ~'J 615.00' ~ A ~ ~ GOVT LOT 6 ~ ~ It"j CENTER SEe. 19 1266.07' N89'50'II"W 2716.74' ~l !ij :\ ~I~ ~,;:;;; 1t:1~ I~ I~ li:! '" ~ <..; , C'~ <" ' -q,~ "" ~ ~ '?- NZr LINE RANCHO AlUSCAPlABE SEE SHEET 2 FOR COURSE TABlE NOTE: BEARINGS AN/) DISTANCES SHOWN HEREON ARE BASED ON CERnFlCATE OF COMPlIANCE NO. 2005-004, INST. NO. 2005-0283484, O.R., 4-22-2005. SURVEYOR: iiJ?i:0E{J~ ~. e. HIlLW/G. PlS 5137 EXP. 06/30/09 SCALE: 1"=60' ~ 'f .~~ ""...; ~~ ~Oi N~O' J~ '00" 2J.21 , PARCEL , ~ ~~ ;g~ ~- J !il ~ ~ ~ I5i ~ SHEET 2 or 2 ~~ '},~'!J g'" - - - - INOICATES LOT LINE 61," ~ TO BE tJelETED ?~ NOTE: 8EAR1NCS MO IJISTANCES SHOWN HEREON ARE BASED ON CEN~TE OF COMPlIANCE NO. 2005-tm, INSf. NO. 2005-028JM( O.N., ~-22-2005. ~ '" ... ... PARCEL 2 ~ .~ ~ ~ CENTIflCATE or COMPt.JAM:E NO. 2005-tm 1NSf. NO. 2005-028.H8( aN. (~-22-2005) HE CON. INSf. NO. 86-1887-1.1, aN. (7-15-1986) POB "lAST EXCEPTION) NW COR. INSf. NO. 86-1887(], aN. (7-15-1986) 1266.07' - N89'50'"'' 2716.7~'- LOT 6 INSf. NO. 86-1887U, aN. (7-15-1986) M8 8/80 ,"'~0t,.""" '5 ~,,_ \."lo liNE 8EANINC 11 589'51'oJ"[ l2 55,.13 '00" LJ S~6'Jl ~9'"W U S.19'~I'JI"" L5 N1J'58W! l6 Nl "53'00"" COURSE TABLES DISTANCE 9H5' 199.58' 289.87' 50.81' 210.15' 2(j6.2~ ' CURVE Cl C2 CJ CI C5 A.W;' RADIUS U202' 10.10;00' J2268' 10.10;00' 29.18' 970.00' .15.16' 970.00' 21165' 10.10;00' DEL TA 07"5~'OO" 17"56'59" 0,.15'12" 02'06'U" 12'06'26" 1 t(Q)~Q)V 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 WATER 4 DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED 5 AT THE INTERSECTION OF FOOTHILL DRIVE AND STERLING AVENUE IN THE CITY OF SAN BERNARDINO. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. That the City Manager of the City of San Bernardino is hereby directed and 9 13 Bernardino, State of California, being a portion of the parcel of land referenced as Assessor's 14 Parcel Number 0155-361-25; and 15 16 authorized to execute on behalf of the City, a Quitclaim Deed, a copy of which is attached hereto 17 SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and 18 as Exhibit "2", for said portion of the parcel of land, and more fully described in Exhibit "A" of 19 said Quitclaim Deed, attached hereto and made a part hereof; 20 SECTION 3. 21 Said Agreement shall be null and void if either party fails to execute the 22 23 /II 24 25 26 Agreement within sixty (60) days of the date of adoption of this Resolution. /II 27 28 03/24/2009 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A 2 QUITCLAIM DEED FOR THE SALE OF CITY WATER DEPARTMENT OWNED PARCEL OF REAL 3 PROPERTY GENERALL Y LOCATED AT THE INTERSECTION OF FOOTHILL DRIVE AND STERLING AVENUE IN THE CITY OF SAN BERNARDINO. 4 5 6 7 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 day of ,20_, by the following vote, to 19 20 21 22 The foregoing resolution is hereby approved this City Clerk day of ,20_. 23 24 25 Approved as to Form: 26 27 t. ~ 28 ES F. PENMAN, City Attorney PATRICK J. MORRIS, Mayor City of San Bernardino 03/24/09 2 SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this day of , 20 , by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and MICHAEL R. MC NALLY, a Single Man ("BUYER") mutually agree as follows: I. SELLER, for full consideration, in the amount of Five Hundred Dollars ($500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion ofthat certain real property generally located at the intersection of Foothill Drive and Sterling Avenue, in the City of San Bernardino, ("PROPERTY") more fully described in Exhibit "A" attached hereto and made a part hereof. 2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred Dollars ($500.00), receipt of which is hereby acknowledged. 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. 3. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors, officers, agents and employees from any and all costs, claims, damages, injuries, causes of action or liability of any nature arising out of or related to this Agreement except when caused by the sole negligence or willful misconduct by SELLER. 4. BUYER shall pay all recording fees. 5. No obligation other than those set forth herein will be recognized. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: CITY OF SAN BERNARDINO MICHAEL R. MC NALLY BY: EXHIBIT COPY MARK WEINBERG, Interim City Manager Approved as to form: ATTEST: ,Ii RACHEL CLARK, City Clerk EXHIBIT "I" " EXHIBIT "A" SHEET I OF I THAT PORTION OF GOVERNUENT lOT 6 OF SECTION 19, TOWNSHIP I NORTH, RANCE 3 WEST. SAN BERNAROINO BASE AND UERIOlAN, IN THE COUNTY OF SAN BERNAROINO, STATE OF CAliFORNIA, ACCORDING TO THE OFFICIAl PlAT OF SAID lAND ON filE IN THE DISTRICT lAND OFFICE, BEING UORE PARTlClILARt. Y DESCRIBED AS FOllOWS: BECINNING AT THE NORTHWEST CORNER OF THAT PROPERTY CONVEYED TO UICHAEl R. UCfolAllY BY GRANT DEED RECOROCD JlIlY 15, 1986, AS INSTRUUENT NO. 88-1887-13, omCw. RECORDS OF SAID COl/NTY; THENCE SOUTH 89"50'''" EAST AlONe THE NORTHERLY LINE OF SAID UCfolAllY PROPERTY, A OISTANCE OF 67.52 FEET. TO THE NORTHEAST CORNER OF SAID UCNAllY PROPERTY; THENCE NORTH -15'19'<11" WEST. A DISTANCE OF #l15 FEET; THENCE SOUTH -1-1'-10'19" WEST. A DISTANCE OF </7.33 FEET. TO THE POINT OF BECINNING. SAID {)[SCRIPTION CONTAINS " UO SOl/ARE FEET. UORE OR lEss. OF: C. l . PlS 5137 '4t01 EXP. 06/30/09 SCAlE: I.=~O' SHEET I OF I EXHIBIT "B" SEC. GOVT LOT 6 19, T,1 N., R.3W., S.B.M. PaR. PARCEl 2 CERnRCATE OF COMPUANCE NO. 2005-0fN INSr. NO. 2005-028J.18~. aN. (~-22-2005) NE COR. INSr. NO. 86-1887~J, O.N. (7-15-1986) POB EAST-WEST CENTERUNE OF SEe. 19, T.IN., R.Jw.. S.8.N. DEED, 8K. ~760/580 REe. IIARCH 16, 1959 O.R. SURVEYOR: PREA 'OER THE SUPEJ : AlAN lWlG, PlS 5137 EXP. 06/30/09 EXHIBIT "A" SHEET 1 OF 1 THAT PORnON OF COI/ERNIIENT lOT 6 OF SECTION 19, TOWNSHIP 1 NORTH, RANCE J WEST, SAN BERNARDINO BASE AND IIERIOIAN. IN THE COUNTY OF SAN BERNAROINO, STATE OF CALIFORNIA, ACCOROlNC TO THE OFFICIAl PlAT OF SAID lAND ON RlE IN THE OISTRlCT lAND OFFICE. BE/Ne AlORE PARTlCULARl Y DESCRIBED AS FOllOWS: BECINNINC AT THE NORTHWEST CORNER OF THAT PROPERTY CONVEYED TO AlICHAEl R. JlCNALlY BY GRANT DEED RECORDED JULY 15. 1986, AS INSTRWENT NO. 88-1887-13, omCw. RECORDS OF SAID COUNTY; THENCE SOUTH 89'50'''' EAST AlONe THE NORTHERlY lINE OF SAID JlCNAllY PROPERTY. A OISTANCE OF 61.52 FEET, TO THE NORTHEAST CORNER OF SAID UCNALlY PROPERTY; THENCE NORTH -15"19'-11' WEST, A OISTANCE OF #1.15 FEET,' THENCE SOUTH -InO'19' WEST, A DISTANCE OF -11.33 FEET. TO THE POINT OF BECINNING. SAID DESCRIPTION CONTAINS I, 1-10 SOllARE FEET, IIORE OR lEss. '/lttJ1 OF: . .' SCALE: "=-10' SHEET I OF I EXHIBIT "B" GOVT LOT 6 SEC. /9, T./N., R.3W., S.B.M. POR. PARCR 2 CERnRCATE OF COMPLIANCE NO. 2005-(}(N INSr. NO. 2005-0283#1-1, O.R. (-1-22-2005) NE COR. INSr. NO. 86- 1881-1], O.R. (1-15-1986) POB EAST-WEST CENTERUNE OF SEe. 19, T. IN., R.3w'. 5.8.AI. DEED. OK. -1160/580 REe. AIARCH 16, 1959 O,R. ALAN. LW!C, PlS 5131 EXP. 06/30/09 RI;QUESTI;D ,SY AND WHEN RECORDED MAIL TO: lvIichael R, Me Nally 28 E. Foothill Drive "an Bernardino, CA 92404-3022 Pin. of APN: 0155-361-25 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to MICHAEL R. MC NALLY, a single man, (hereinafter "Buyer") 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" PLAT ATTACHED AS EXHIBIT "B" CITY OF SAN BERNARDINO By: EXHIBIT COPY DATE: PATRICKJ. MORRIS, Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF } S.S. On before me, , Notary Public, personally appeared who 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 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 the person(s) acted, executed the instrument. [ certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. SEAL: EXHIBIT COPY ;nature EXHIBIT "2"