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HomeMy WebLinkAbout12- Economic Development D E V E L O P ME N T D E P A R T ME N T OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION From: KENNETH J. HENDERSON Subject: PURCHASE OF PATTON FARMS Executive Director STATE PROPERTY Date: April 14, 1993 ------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): In September 1988, the Commission approved of and executed the agreement for the purchase of the said property. ------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA FOR THE PURCHASE OF 69.43+/- ACRES OF STATE LAND IN THE CITY OF SAN BERNARDINO. MA tc A strator KENNETH J. BEND RSON Executive Director ------------------------------------------------------------------------------- Contact Person(s): Ken Henderson/Doris Daniels Phone: 5081 Project Area(s): N/A Ward(s): N/A Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount: $3,038.000 Source: 20% Set Aside Budget Authority: Previously Authorized ------------------------------------------------------------------------------- Commission/Council Notes• ------------------------------------------------------------------------------- KJH:DAD:lag:0459q Commission Meeting Date: April 19, 1993 Agenda Item Number: 1O D E V E L O P M E N T D E P A R T K E N T OF THE CITY OF SAN BERNARDINO STAFF REPORT PURCHASE OF STATE PROPERTY In September, 1988, the Community Development Commission approved a motion to purchase approximately 69.43± acres of State of California property located within the City of San Bernardino (Patton Farms Property Maps Attached) . The purchase price of $3,038,000 was to be paid over a period of ten years. The City Council resolution was signed by the Mayor as Chief Executive Officer of the City. Resolution No. 88-348 is attached. The State of California Department of General Services, Office of Real Estate and Design Services, has worked with City staff to complete this transaction. Since the initial document was signed, the State staff assigned to this project has changed about five times. In processing the original agreement signed by the Mayor, the current state staff assigned to this transaction has requested a Commission resolution in light of the fact twenty percent set—aside funds were used to purchase the property in question and to ratify the action of September, 1988. Since the land was acquired with Redevelopment funds, the new resolution will require the signature of the Chairman of the Commission. Staff recommends adoption of the attached resolution. ^ U ry MA KENNETH T. HE ERSON, Executive Director Development Department ------------------------------------------------------------------------------- KdH:DAD:lag:0459q Commission Meeting Date: April 19, 1993 Agenda Item Number: 1_ STATE OF CALIFORNIA-STATE AND CONSUMER SERVICES AGENCY PETE WILSON, G.wm., DEPARTMENT OF GENERAL SERVICES OFFICE OF REAL ESTATE AND DESIGN SERVICES =� 400 "R" Street, Suite 5000 Sacramento, CA 95814-6280 nQ D (916)323-3502 D (�u APR - 8 April 12, 1993 ECONOMIC DEVELOPMENT AGENCY Mrs. Doris A. Daniels City of San Bernardino Economic Development Agency 201 North E Street, Third Floor San Bernardino, CA 92401-1507 Dear Mrs. Daniels: DEPARTMENT OF MENTAL HEALTH PATTON STATE HOSPITAL SSL-414 Enclosed as requested, is a map of the properties to be acquired by the City of San Bernardino. The assessor parcel numbers are as follows: 1. 278-061-54 2. 278-061-68 3. 278-061-74 4. 278-201-29 S. 278-201-30 6. 278-201-31 7. 278-201-33 If you have any further questions, please contact me at the above telephone number or address. Sincerely, R K ABA Real Estate Officer Job No. A: Patton2 Enclosure cc: /Z C22 San Bernardino City Tax Rate Area 27�-06 San Bernardino �% 7000,7089,7127 — TRE-1 T7 - ,. 712-r h6 1 • c. 55 55 � Par.f Par. 2 Par. 3 Par 2 - 139 Par..l ,II� 5H Q. ` O 3� (4.98 AC) I by - y 9. < 4 33 AC 1 1 N p Q�- 220 AC 1 1 200 a 0 Y /� 3.75 AC M/L Pot. I Parcel Map No. 323E °® PM. 30/39 A Parcel Mc: No.4147, 24.4`5 ac. P.M.42/97 Parcel Map No.6551, P.M.61/79-80 Tract No. 12468, M.8.193/44-45 4.35 AC. 9 PoR.BLK 09 I I R. e. I � I REYISEO I � 735X �+ RJ 4A/77 E _ . — -11/30/78 F- 1 ssssor's� Ma 3/18/81 T — - Book 278 Page 066_ ^- -- - Son gemardino County _$6-j� © San . .rnari o City - t' ncho San Bernardino San Bernardino Unified 278}• a Tax Rate Area M. 19. 712 7000 , 107025 STREET Q jjD POR.BLK . z , ; R,B - 0 1.73AC A(/L Z, 30A R. 5. ' )82 - Y wUNION STREET m 31 e.18 AC ti .97ACM/L PO R P,r.Lot T LOT 5 + 4 3 2eJ2 Ae.MA. I " 1 •w Q >i 7 �—� iRA 7000 w Ll SEVENTH STREET 4 I T-Z7 Lj n° ( 19.18AC M/L _ I� ^ 10 w I IoA A Z IQ 8 I n Q Ip ' lO 1� I 43 .a 7 3C 6 23 12 4 s+.7i L STREr T3 -- 2AO. 20 Assessor's MOP Note- Assessor's BIM ad Lot Book278 Page 20_ - Numbers Shown in Circles Son Bernardino County _ - 1 RESOLUTION NO. 21 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 BETWEEN THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA FOR THE PURCHASE OF 69.43+ ACRES OF STATE LAND IN THE CITY OF SAN 4 BERNARDINO. 5 BE IT RESOLVED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Chairman of the Community Development 7 Commission is hereby authorized and directed to execute, on behalf 8 of said Commission and the City of San Bernardino, an agreement 9 with the State of California for the purchase of 69.43+ acres of 10 State land in the City of San Bernardino. A copy of said 11 agreement is attached hereto marked Exhibit "A" and incorporated 12 herein by this reference as fully as though set forth at length. 13 SECTION 2. This Agreement shall not take affect until fully 14 signed and executed by both parties. The City and the Commission 15 shall not be obligated hereunder unless and until the Agreement is 16 fully executed and no oral agreement relating theretot shall Le 17 implied or authorized. 18 SECTION 3. The authorization to execute the above- 19 referenced agreement is rescinded if the parties to the agreement 20 fail to execute it within sixty (6l' ) days of the passage of this 21 resolution. 22 23 24 25 26 27 28 DAB:km TATELAND) -l_ March 26, 1993 © 4 1 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN 2 THE CITY OF SAN BERNARDINO AND THE STATE OF CALIFORNIA FOR THE PURCHASE OF 69.43+ ACRES OF STATE LAND IN THE CITY OF SAN 3 BERNARDINO. 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Community Development Commission of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1993, by the following vote, to wit: $ Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of 1993. 20 W. R. Holcomb, Chairman 21 Community Development Commission of the City of San Bernardino 22 Approved as to 23 form and legal content: 24 By: 25 Agency CgUnsel 26 27 28 DAB:km[ ATELAND] —2— March 26. 1993 AGREEMENT FOR THE SALE OF REAL PROPERTY THIS AGREEMENT entered into this 14th day of September 1988 , by and between the State of California, acting by and through the Director of General Services, hereinafter referred to as "State" , and the City of San Bernardino, hereinafter referred to as "City" . City and State agree as follows: 1. State agrees to sell and City agrees to purchase the real property containing approximately 69.43 acres, more or less, described in the attached Exhibit "A" to this Agreement, which exhibit is hereby made a part of this Agreement. 2. State will convey the property to the City by Grant Deed (Exhibit "A" ) upon payment by City to State of $3,038,000, in the following manner: $300, 000 representing the down payment that must be paid to the State within 30 days of opening escrow by the City with a title company selected by the City, with the balance to be paid to State through escrow and escrow to close within 14 months from the date of this Agreement. 3. It is understood that the property is to be used for the development of residential housing. If it is determined prior to the close of escrow that the property cannot meet CEQA and NEPA requirements, or is unsuitable for this intended purpose because / 0 AGREEMENT FOR THE SALE OF REAL PROPERTY BETWEEN STATE OF CALIFORNIA AND CITY OF SAN BERNARDINO September 14, 1988 Page 2 of a condition of hazardous waste located on the property, the down payment will be refunded to the City, City will not incur a loss of the their down payment, and this Agreement will terminate without liability to either party hereto. 4. State will convey the subject property to City without . warranty as to the condition or marketability of title. In the event acceptable title cannot be provided to City, this Agreement may be terminated by either party without liability to either party. 5. All escrow fees and title insurance premiums, if title insurance is desired by City, shall be paid by City. 6. City acknowledges that City is purchasing the property solely in reliance on City' s own investigation, and that no representations or warranties of any kind whatsoever, expressed or implied, have been made by the State of California. State is not aware of any toxic or hazardous waste materials being used or disposed of on the subject site. Buyer acknowledges that as of the close of escrow, Buyer will be aware of all site and physical conditions, and other matters affecting the use and condition of the property, and agrees to purchase the property in its "as is" JFW:ss 2 September 14, 1988 / Z O AGREEMENT FOR THE SALE OF REAL PROPERTY BETWEEN STATE OF CALIFORNIA AND CITY OF SAN BERNARDINO September 14, 1988 Page 3 condition at the close of escrow. 7. IF CITY FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY IN ACCORDANCE WITH THE TERMS HEREOF, IT IS AGREED THAT ANY COSTS INCURRED BY THE STATE SHALL BE DEDUCTED FROM THE CITY'S DOWN PAYMENT AND THE BALANCE THEREOF SHALL BE REFUNDED TO THE CITY. SUCH COSTS SHALL NOT EXCEED $5,000.00. 8. No alteration or variation in the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. JFW:ss 3 September 14, 1988 AGREEMENT FOR THE SALE OF REAL PROPERTY BETWEEN STATE OF CALIFORNIA AND CITY OF SAN BERNARDINO September 14, 1988 Page 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year hereinabove set forth. STATE OF ALIFORNIA DEPARTM T OF GENE L VICES CITY SAN BERN INO BY* BY• •�.,/� A L V. SAVOXA hief Mayor Office of Real Estate and Design Services ATTEST: City Clerk APPROVED: STATE PUBLIC WORK BOARD APPROVED AS TO FORM AND BY: 0 LEG L CONTENT: �'GG�.`D TRA Pij,(iya.s Assistant Administrative ity Attorney Secretary JFW:ss 4 September 14, 1988 EXHIBIT "A" PARCEL I: In the City of San Bernardino, County of San Bernardino, State of California a portion of Lots 3, 4, 5, 6, 8 and 9 of Block 51 Rancho San Bernardino per map recorded in Map Book 7, Page 2 records of San Bernardino County, California, described as follows: COW4ENCING at the intersection of the North line of 6th Street, an 82.50- foot street, with the centerline of Tippecanoe Avenue; Thence, along said North line of 6th Street, N 89" 59' 57" E, a distance of 2,208.17 feet to the Southeast corner of that certain parcel described in the document recorded May 12, 1965 as document No. 18 in Book 6389, Page 24 records of San Bernardino County, said point being the True Point of Beginning; Thence, along the East line of said parcel , N 00" 04' 47" E, a distance of 894.36 feet; Thence, along the North line of said parcel , S 89" 59' 57" W, a distance of 975.20 feet; Thence, along the West line of that certain parcel described in deed recorded November 22, 1923 as document No. 39 in Book 826, Page 70 of deeds, records of San Bernardino County, N 00" 02' 15" W, a distance of 192.91 feet; Thence, along the North line of said parcel , S 87" 29' 56" E, a distance of 96.06 feet; Thence, along the projection of the East line of Tract 3982, recorded in Map Book 50, Page 79, records of San Bernardino County, N 00" 10' 47" E, a dis- tance of 899.49 feet to the centerline of 9th Street as shown on map on file in the office of the County Surveyor, County of San Bernardino, filed as County Surveyor Map No. 2994; Thence, along said centerline of 9th Street, S 89" 59' 22" E, a distance of 39.06 feet to a point on the East line, projected, of the West 470.25 feet of Lot 8, Block 51 , Rancho San Bernardino as said West 470.25 feet of Lot 8, Block 51 is shown on Record of Survey recorded in Book 27, Page 27 of Records of Survey records of San Bernardino County; Thence, along the East line of said West 470.25 feet of Lot 8, Block 51 , N 00" 14' 00" W, a distance of 1,286.00 feet to a point on the North line of the 150-foot wide easement to San Bernardino County Flood Control per easement recorded in Book 5177, Page 391, records of San Bernardino County; Thence, along the North line of said Flood Control easement, N 68" 14' 40" E, a distance of 702.81 feet to the beginning of a tangent curve concave to the South, having a radius of 1,575.00 feet; Page 1 of 5 Thence, easterly along the arc of said curve, through a central angle of 21" 50' 51", a distance of 600.56 feet; Thence, tangent to said curve S 89" 54' 29" E, a distance of 9.99 feet to a point in the East line of said Lot 9, Block 51 per map recorded in Map Book 7, Page 2 records of San Bernardino County, California; Thence, along the East line of said Lot 9, S 000 17' 49" E, a distance of 1,658.90 feet to a point on the centerline of 9th Street per said County Surveyor Map No. 2994; Thence, S 00" 12' 54" E, along the projection of the East line of Del Rosa Drive, per easement recorded in Book 8614, Page 536 records of San Bernardino County, a distance of 1,249.93 feet to the beginning of a tangent curve concave to the East, having a radius of 1,456.00 feet; Thence, southerly along the arc of said curve through a central angle of 25° 13' 4611, a distance of 641.13 feet; Thence, tangent to said curve, S 25" 26' 40" E, a distance of 124.35 feet to the North line of 6th Street; Thence, along the North line of 6th Street, S 89" 59' 57" W, a distance of 615.50 feet to the True Point of Beginning. EXCEPTING the following four described parcels: Parcel 1• In the City of San Bernardino, County of San Bernardino, State of California, a portion of Lots 8 and 9, Block 51 of Rancho San Bernardino per map recorded in Map Book 7, Page 2 records of San Bernardino County, California, described as follows: COM14ENCING at the intersection of the North line of 9th Street and the East line of the West 470.25 feet of said Lot 8, Block 51, Rancho San Bernardino as said intersection is shown on Record of Survey recorded in Book 27, Page 27 of Records of Survey, records of San Bernardino County; Thence, along the North line of 9th Street, a distance of 17.00 feet to the True Point of Beginning; Thence, parallel to the East line of said West 470.25 feet of said Lot 8, Block 51, N 00° 14' 00" W, a distance of 532.00 feet; Thence, parallel to said North line of 9th Street, S 89" 44' 30" E, a distance of 477.00 feet; Thence, parallel to the East line of the West 470.25 feet of said Lot 8, Block 51, S 00" 14' 00" E, a distance of 266.00 feet; Thence, parallel to the said North line of 9th Street, S 89" 44' 30" E, a distance of 216.00 feet; Page 2 of 5 Thence, parallel to the East line of the West 470.25 feet of said Lot 8, Block 51, S 00° 14' 00" E, a distance of 266.00 feet to the North line of 9th Street; Thence, along the North line of 9th Street, N 890 44' 30" W, a distance of 693.00 feet to the True Point of Beginning. Parcel 2: In the City of San Bernardino, county of San Bernardino, State of California, a portion of Lot 9, Block 51 of Rancho San Bernardino per map recorded in Map Book 7, Page 2 records of San Bernardino County, California, described as follows: COMMENCING at the intersection of the North line of 9th Street with the West line of Lot 8, Block 51 of Rancho San Bernardino per map recorded in Map Book 7, Page 2 records of San Bernardino County; Thence, along the North line of 9th Street, S 890 44' 30" E, a distance of 1,180.25 feet to the True Point of Beginning. Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San Bernardino, N 000 14' 00" W. a distance of 266.00 feet; Thence, parallel to the North line of 9th Street, S 890 44' 30" E, a distance of 31.00 feet; Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San Bernardino, S 00° 14' 00" E, a distance of 266.00 feet to the North line of 9th Street; Thence, along the North line of 9th Street , N 89° 44' 30" W, a distance of 31.00 feet to the True Point of Beginning. Parcel 3: In the City of San Bernardino, County of San Bernardino, State of California, a portion of Lot 8, Block 51 of Rancho San Bernardino per map recorded in Map Book 7, Page 2 records of San Bernardino County, California, described as follows: COMMENCING at the intersection of the North line of 9th Street with the West line of Lot 8, Block 51 of Rancho San Bernardino per map recorded in Map Book 7, Page 2 records of San Bernardino County; Thence, along the North line of 9th Street, S 89° 44' 30" E, a distance of 470.25 feet to the True Point of Beginning. Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San Bernardino, N 000 14' 00" W, a distance of 532.00 feet; Thence, parallel to the North line of 9th Street, S 890 44' 30" E', a distance of 17.00 feet; Page 3 of 5 Thence, parallel to the West line of said Lot 8, Block 51 of Rancho San Bernardino, S 00° 14' 00" E, a distance of 532.00 feet to the North line of 9th Street; Thence, along the North line of 9th Street, N 89° 44' 30" W, a distance of 17.00 feet to the True Point of Beginning. Parcel 4: In the City of San Bernardino, County of San Bernardino,records portion of Bernardino and 5, Block 51 per map recorded in Map , 9 County, California, described as follows: BEGINNING at the intersection of the South line of 9th Street, a 100-foot wide street , with the East line, projected, of Tract 3982 as recorded in Map Book 50, Page 79, records of San Bernardino County; Thence, along the South line of 9th Street, S 890 44' 29" E, a distance of 597.06 feet; Thence, parallel with the East line of said Tract 3982, S 00° 10' 47" W, a distance of 294.08 feet; Thence, S 89° 59' 57" W, a distance of 425.32 feet to the beginning of a tangent curve concave to the North having a radius of 275.00 feet; Thence, westerly along the arc of said curve through a central angle of 160 09' 11", a distance of 77.53 feet to the beginning of a reverse curve concave to the South, having a radius of 325.00 feet, from which point a radial line bears N 16° D9' 07 E; Thence, westerly along the arc of said curve through a central angle of 160 07' 07", a distance of 91.43 feet; Thence, tangent to said curve, N 89° 58' 00" W, a distance of 4.94 feet to a point on the East line of said Tract 3982, said point being the intersection of the North line of Union Street, a 50-foot wide street and the East line of said Tract 3982; Thence, along the East line of said Tract 3982, N 00° 10' 47" E, a distance of 273.09 feet to the point of beginning. PARCEL II: That portion of the following described land lying East of the easterly line of Del Rosa Avenue as conveyed to the City of San Bernardino by document recorded February 11, 1975 in Book 8614, Page 536, Official Records of San Bernardino County, State of California: Those portions of Lots 3, 4 and 5, Block 51, Rancho San Bernardino as per plat thereof recorded in Book 7 of Maps, Page 2, records of the County Recorder of said County, described as follows: BEGINNING at the intersection of the South line of Ninth Street and the West line of Lot 31 , Tract No. 4268 as per plat thereof recorded in Book 58 of Naps , Page 45, records of the County Recorder of said County; thence South along the West line of said Tract 4268 and along the West line of Elmwood Road, 40.00 feet wide, to the North line of Sixth Street 82.50 feet wide; Page 4 of 5 12 thence West along the North line of said Sixth Street to a point which is 2,208.17 feet East of the intersection of the centerline of Tippecanoe Street and the westerly prolongation of the North line of said Sixth Street, said point being the SouthiZst1965corner D cumenttNo. 18,ninaBook 6389,i Page�24 the document recorded May Official Records of said County; thence North along the East line of said parcel , a distance of 894.36 feet to the Northeast corner thereof; thence West along the North line of said parcel , a distance of 974.73 feet to the Northwest corner thereof; thence North along the West line of that certain parcel described in the Deed recorded November 22, 1923, Document No. 39 in Book 826 of Deeds, Page 70, Records of said County to a point which is 905.2 feet South of the North line of said Lot 5; thence along a North line of said land, East a distance of 92.3 feet to an angle point therein; thence North along a West line of said land, a distance of 855.2 feet, more or line,of said Ninth said East along the South to the South line EXCEPTING AND RESERVING to the State of California from Parcels I and II all mineral deposits as defined in Section 6407 of entry. 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