HomeMy WebLinkAbout12790
.jl
i
I
I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/.:4 7;JGJ
/
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ASSOCIATED SOUTHERN rNYESTMENT
COMPANY PROVIDING FOR AN APPRAISAL OF REAL PROPERTY TO BE
ACQUIRED FOR THE MILL STREET OVERPASS.
RESOLUTION NO.
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
authorized and directed to execute on behalf of said City an
agreement with Associated Southern Investment Company providing
for an appraisal of real property to be acquired for the Mill
Street Overpass, a copy of which is attached hereto, marked
Exhibit "I" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at ~7.J1J/h.#/~meeting thereof, held
on the dJ.3/:1 day of "/:7r7' 1977, by the following
vote, to wit:
AYES:
councilme~ ~~~aj l.~'~A~ ~/~h~
~/Ah~7 A.O"~4"'~ ~~
I!:~:l-A,d ~
NAYS:
ABSENT:
(~A~-/~
~~'.Y C~ty H~
The foregoing resolution is hereby approved this .:2$"'tJ
day of
~~'fA ~ J1j.:~~,?,::
':(
.
;!':.~
.
"'-~';>~~'"
~.' "-.'p~~
~ ~.'
~.,. ~
jt{. ~,
~~:.I\'.
Z~t4;
"':\~
i~':'."
t.,~
. ,
I!
1
rJ~::U11
6
II
II
,I
II
il
Ii
1 a municipal corporation, hereinafter called "City", and ASSOCIATED
Ii
SOUTHERN INVESTMENT COMPANY, a corporation, hereinafter called
AGR!!MEliT
2
{review appraiser}
3
4
5
AGREEMENT is made and entered into this
~.J-J,
day of
THIS
__} u,,} E
, 1977, by and between the CITY OF SAN BERNARDINO
7
"Company" .
8
9
10
11
w !. T N E SSE T H:
WHEREAS, City on June 29, 1976 filed an eminent domain
action, Superior Court Case No. 172051, to acquire approximately
1.66 acres of real property of Company for the Mill Street
12
Overpass project; and
WHEREAS, City and Company, for negotiation purposes, have
13
14
conducted preliminary appraisals of the real property sought to
be condemned for said project; and
WHEREAS, City's negotiation appraisal of the value of said
taking and damages is $17,200.00 and Company's negotiation
appraisal is $29,560.00; and
15
16
17
18
19
20
WHEREAS, arriving at a determination of value through a
21
trial of the pending court case would be very costly in terms of
high appraisal fees for both parties and result in considerable
22
costs of trial; and
23
WHEREAS, the parties hereto are desirous of arriving at a
24
25
26
27
28
fair determination of value for the subject real property by an
independent appraiser and settlement of the pending Superior
Court case based upon said independent appraisal,
NOW, THEREFORE, in consideration of the mutual agreements,
provisions, promises and legal detriments herein contained, it is
1
i,
ii'"
II
1\ agreed as follows:
I
II
II
II
il
Ii the American Institute of Real Estate Appraisers, shall appraise
II the real property of Company described in the complaint filed in
II the Superior Court action including the value of the taking,
Ii determination of any special benefits, and severance damages, said
I appraisal report to be prepared in accordance with the standards
2
The parties agree that:
3
1.
Edward G. Grigsby, a qualified appraiser and member of
4
5
6
7
8
9 of the American Institute of Real Estate Appraisers. The parties
10 hereto shall each pay one-half of the appraisal fee. The
11 description of the real property to be appraised is set forth in
12 Exhibit "An attached hereto and incorporated herein by reference
13 as fully as though set forth at length.
14
2. The parties hereto agree to accept and be bound by the
appraisal determined by the procedure set forth in Paragraph 1,
except it is understood and agreed that for purposes of this
agreement and settlement of Superior Court Case No. 172051, that
the price to be paid by City and accepted by Company for the
subject real property shall not be less than $17,200.00, nor more
15
16
17
18
19
20
21
than $29,560.00.
3. It is recognized by the parties hereto that the
22 appraiser appointed as above should have the appraisal assignment
23 explained to him before proceeding to appraise the property and
24 it is agreed that this explanation shall be given by the attorneys
25 of the parties hereto in each other's presence. It is also
26 recognized that a need for further explanation may arise as the
27 appraisal assignment progresses and that advice on legal issues
28 may be necessary. If such should occur, said attorneys shall not
-2-
....
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Ii
Ii
il
II
I independently give such explanation and/or advice but shall do so
I only in each other's presence and/or pursuant to another mutually
II agreeable method as may be determined at the time the need there-
I for arises. Should said attorneys be unable to agree about the
I proper advice to give said appraiser, then and in that event the
issue and/or issues over which such disagreement exists shall be
presented to the court for decision by bifurcating the case and
presenting just said issue or issues to the court, and said
appraisal shall be completed in accordance therewith.
Neither party hereto nor the attorneys shall advise the
appraiser of the terms of this agreement other than such informa-
tion as may be required by the appraiser pursuant to the
preparation of his report.
4. Upon receipt of the appraisal report described in
Paragraph 1, the parties hereto agree to enter into an escrow for
City to purchase from COmpany the subject real property for the
total compensation as determined in the appraisal report and sub-
ject to the limitations in Paragraph 2. Upon completion of the
purchase transaction as aforesaid, City shall dismiss Company with
prejudice from Superior Court Case No. 172051, and Company shall
agree to said dismissal and release City from all claims it may
have as a result of City's acquisition of said property.
5. Time is of the essence with respect to the performance
of th.e terms of this agreement.
6. All notices herein required shall be in writing and
delivered in person or sent by first class mail, postage prepaid,
addressed as follows:
. . . . .
. . . . .
-3-
....J
1
j:
,I
,
i
I
;
!
"
2
Ralph H. Prince
city Attorney
[' Room 668, City Hall
300 North -On Street
I San Bernardino, CA 92418
I Jerry A. Brody
I Assistant Counsel
P. O. Box 800
i 2244 Walnut Grove Avenue
II Rosemead, CA 91770
I IN WITNESS WHEREOF, the parties hereto have executed this
I'
Ii
if agreelllent on the day and year first above written.
3
4
5
6
7
8
9
10
ATTEST:
11
ASSOCIATED SOUTHERN INVESTMENT
COMPANY
12
13
14
15
16
~
By
17
By
18
19
~~/
C ty A orney
20
21
22
23
24
25
26
27
28
-4-
~.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
".
EXHIBIT RAn
PARCEL NO. 1
All that property in the City of San Bernardino; County of San
Bernardino, State of California, described as follows:
All that portion of Parcels No. 1 and 3 of Parcel Map No. 2951,
as per plat thereof filed in Book 25 of Parcel Maps, page 78,
records of the County Recorder of said County which lies within
the following described land:
That portion of Parcel Map No. 2951 as per plat thereof filed in
Book 25 of Parcel Maps, page 78, records of said County and being
described as that portion of Lot 8, Block 82 of the Rancho San .
Bernardino, in the City of San Bernardino, County of San
Bernardino, State of california, as per map or plat recorded in
Book 7 of Maps, page 2, records of said County, described as
follows:
I
II Commencing at the northwest corner of said LO. t 8, thence north
89~ 55' 3(l" east (rec. N 890 56' 52R El, along the north boundary
line of said Lot, 33.00 feet to the true Point of Beginning;
thence south 00 04' 30n east, (rec. B 00 01' 00" Wl parallel with
the west boundary line of said Lot, 398.01 feet to a non-tangent
curve having a radius of 187.00 feet and whose center bears north
[890 55' 30;1 east; thence northeasterly along said curve to the
right through a central angle of 980 00' 04" an arc distance of
319.85 feet to a point of tangency with a second curve whose
radius is 93.00 feet and whose center bears north 70 55' 04" east;
thence northeasterly along the second named curve to the left
through a central angle of 1150 18' 22. an arc distance of 187.16
feet; thence tangent to the second named curve north 170 22' 47"
west 45.42 feet to a point of tangency with a third curve which
has a radius of 17.00 feet and whose center bears north 720 37'
13. east; thence northeasterly along the third named curve to the
right through a central angle of 900 38' 07" an arc distance of
26.89 feet to a point of tangency with a fourth curve which has a
radius of 1388.75 feet and whose center bears south 160 44' 40.
east; thence northeasterly along said fourth curve to the right
through a central angle of 40 44' 20" an arc distanCe of 114.87
feet to a point in the north boundary line of said Lot 8; thence
south 890 55' 30" west, along said north boundary line, 423.88
feet to the true Point of Beginning; containing an area of 1.6921
acres more or less.
PARCEL NO. 2
All that property in the City of San Bernardino, County of San
Bernardino, State of California, described as follows:
That portion of Parcel No. 1 of Parcel Map No. 2951 as per plat
thereof filed in Book 25 of Parcel Maps, page 78; records of the
County Recorder of San Bernardino County; State of California,
described as follows:
~
.-
'.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.Ii ",
Ii
,I
'i Commencing at the northwest corner of Lot 8, Block 82, Rancho San
iBernardino as per plat thereof recorded in Book 7 of Maps, page 2,
irecords of the COunty Recorder of said CountYl thence north 890
155' 30. east (rec. N 890 56' 3211 E) along the north boundary line
lof said LOt 8, a distance of 33.00 feetl thence south 00 04' 3011
least, (rec. N 00 01' 0011 W) parallel with the west line of said
!Lot 8, a distance of 398.01 feet to the beginning of a reverse
tangent cUrve, concave southeasterly and having a radius of 187.00
feet, a radial line of said curve at said point bears north
890 55' 3011 eastl thence northeasterly along said curve through a
central angle of 980 DO' 04", a distance of 319.85 feet to the
beginning of a reverse curve, concave northwesterly and having a
radius of 93.00 feet 1 thence northerly along said curve thrQugh a
central angle of 070 55' 34., a distance of 12.86 feet to the
true point of beginniu.gl theRce continuing along said last
mentioned curve through a central angle of 1070 22' 48" a distance
of 174.30 feet; thence north 170 22' 4711 west, a distance of
45.42 feet to the beginning of a tangent curve, concave south-
easterly and having a radius of 17.00 feetl thenCe northeasterly
along said curve through a central angle of 900 38' 07", a
distance of 26.89 feet to the beginning of a compound curve,
concave southeasterly and having a radius of 1388.75 feet; thence
northeasterly along said curve to its intersection with the east
line of said Parcel No. 1, thence south 00 01' 00" east along
said east line to its intersection with a line which is drawn
north 890 55' 30" east from the true point of beginning 1 thence
south 890 55' 30" west along said line to the True Point of
Beginning.
"'
..,....,.11
DATE