HomeMy WebLinkAbout19-Public Works-Water Department
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
Robert Eisenbeisz, City Engineer
Stacey R. Aldstadt, General Manager,
(Water Department)
Subject: Authorization to Proceed - Sale of a
portion of City Water Department property
generally located northeasterly of Myers Road
and west of Martin Ranch Road, and Resolution
declaring property surplus, establishing fair
market value and setting a public hearing.
Dept:
Public Works / Water Dept.
Date: November 16,2010
File: 15.05-274
MCC Date: December 6, 2010
Synopsis of Previous Council Action:
10-18-2010
11-15-2010
Motion approved to continued this matter to November 15,2010
Motion approved to continued this matter to December 6, 2010
Recommended Motion:
1. That the City Engineer be authorized to proceed with the sale of City Water Department
property generally located northeasterly of Myers Road and west of Martin Ranch Road, and
being a portion ofAPN 0348-101-76. AND ~1 ~
2. Adopt Resolution. ~__
Robert E senbeisz
Concur: \dJ~j~
" ~ . -- -S~~ey R. Aldstadt
Ryan Sandoval
Supporting data attached: Staff Report, Maps, Memo, Reso
Phone: 5226
Ward(s): 5
FUNDING REQUIREMENTS:
Amount: None
Source: (Acct. No.) N/A
Acct. Description: N/ A
Finance:
Council Notes:
Agenda Item No. /q
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/;J-tJlJ; ~d-tj/{)
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
2 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
3 EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR DECEMBER 20,2010 AT 4:00 P.M., TO
CONSIDER SAID SALE.
WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
owned property with a fair market value of less than $25,000 may be sold by negotiated
purchase, so long as the sales price is not less than the fair market value of said real property.
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of a portion of Water
Department owned real property generally located northeasterly of Myers Road, in the City of
San Bernardino, more fully described in said Exhibit "A", and same is hereby declared as
surplus real property.
SECTION 2. It is therefore the intention of the Mayor and Common Council of the
City of San Bernardino to sell said real property to Montecito Equities, Ltd.
SECTION 3. The Mayor and Cornmon Council do hereby find and determine that the
Fair Market Value and sales price of said real property is in the amount of TWENTY TWO
THOUSAND DOLLARS ($22,000.00); and
SECTION 4. The Mayor and Cornmon Council of the City of San Bernardino do
hereby set a public hearing to be held on December 20,2010, at the hour of 4:00 p.m. or as soon
thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California, relative to the proposed sale.
SECTION 5. Notice of the public hearing shall be published in The San Bernardino
County Sun, a newspaper of general circulation, at least once prior to the public hearing and
11/04/2010
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
2 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR DECEMBER 20, 2010 AT 4:00 P.M., TO
CONSIDER SAID SALE.
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shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the
hearing.
SECTION 6. Written and oral protest to such sale may be submitted and shall be
received at or prior to the public hearing. Written protests may also be submitted to the City
Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
hearing.
SECTION 7.
It is the intent of the Mayor and Common Council to consider and
approve the sale of said property described herein, at said public hearing.
III
III
11/04/2010
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
SALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
2 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
3 EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR DECEMBER 20,2010 AT 4:00 P.M., TO
CONSIDER SAID SALE.
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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
wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,20_
PATRICK J. MORRIS, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN, City Attorney
11/0412010
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EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the County of San Bernardino, more particularly
described as follows,
PARCEL NO.1
THAT PORTION OF lOT 15; MEYERS AND BARCLAY SUBDIVIDION, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBECD AS FOllOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID lOT 15; THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID lOT 15, 540
FEET, THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERY LINE TO THE
POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE PROPERTY
CONVEYED TO SAM STERN AND SHIRLEY STERN, HUSBAND AND WIFE, BY DEED
RECORDED IN BOOK 6114, PAGE 14, OFFICIAL RECORDS; THENCE NORTHERLY
TO THE POINT OF INTERSECTION OF A LINE PARAllEL TO THE NORTHERLY
LINE OF SAID lOT 15, DISTANT 320 FEET THEREFROM WITH A LINE PARAllEL
TO THE EASTERLY LINE OF SAID lOT 15, DISTANT 515 FEET THEREFROM,
THENCE EASTERLY PARAllEL TO THE NORTHERLY LINE OF SAID lOT, 175
FEET; THENCE NORTH PARAllEL TO THE EASTERLY LINE OF SAID lOT 15 TO A
POINT ON THE NORTHERLY LINE OF SAID lOT 15; THENCE EASTERLY ALONG
THE NORTHERLY LINE OF SAID lOT TO THE POINT OF BEGINNING.
PARCEL NO.2:
AN EASEMENT FOR ROADWAY, PIPELINE AND RELATED PURPOSES, IN, OVER,
UNDER AND ACROSS THE FOllOWING DESCRIBED PROPERTY:
THAT PORTION OF lOT 15, MEYERS AND BARCLAY SUBDIVISION, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOllOWS:
A STRIP OF LAND 50 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS
FOllOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID lOT 15, THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540
FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE 280
FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY PARALLEL TO SAID EASTERLY LINE OF LOT 15 TO THE
INTERSECTION OF SOUTHERLY LINE OF THE PROPERTY CONVEYED TO
EMANUEL NEIMAN AND AGNES NEIMAN, HUSBAND AND WIFE, BY DEED
RECORDED DECEMBER 14, 1943 IN BOOK 1645, PAGE 136, OFFICIAL RECORDS
OF SAID COUNTY, TO THE TERMINATION OF SAID STRIP
NOTE: SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED
IN ORDER TO TERMINATE AT THE SOUTHERLY LINE OF SAID NEIMAN
PROPERTY.
Vlf-xlil]: "i t")v !
CITE OF SAN BERNAYtDINO REQUEST' FOR COUNCIL ACTION
From: Robert Eisenbeisz, City Engineer Subject: Authorization to Proceed -Sale of a portion
of City Water Department property generally located
Dept: Public Works northeasterly of Myers Road and west of Martin
Ranch Road, and Resolution declaring property
Date: September 21, 2010 surplus, establishing fair market value and setting a
public hearing.
File: 15.05-274
MCC Date: October 18, 2010
Synopsis of Previous Council Action:
None.
Recommended Motion:
1. That the City Engineer be authorized to proceed with the sale of City Water Department
property generally located northeasterly of Myers Road and west of Martin Ranch Road, and
being a portion of APN 0348-101-76.
AND
2. Adopt Resolution.
Robert Eisenbeisz
Contact Person: Ryan Sandoval
Supporting data attached: Staff Report, Maps, Memo, Reso
FUNDING REQUIREMENTS:
Amount: None
Phone: 5226
Ward(s): 5
Source: (Acct. No.) N/A
Acct. Description: N/A
Finance:
Council Notes:
Agenda Item No.
~~'1 ~-~-alU
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Authorization to Proceed -Sale of a portion of City Water Department property generally
located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution declaring
property surplus, establishing fair market value and setting a public hearing.
Background:
On April 22, 2010, the City of San Bernardino Municipal Water Department Board of Water
Commissioners ("Board"), declared 5.1 acres of Water Department property as surplus property,
generally located northeasterly of Myers Road, and being a portion of APN 0348-101-76. The
City acquired the site through a Grant Deed from Frank & Barbara Tostado, and Sant/Tostado
#1, a general partnership, for the amount of $30,000 in May 1983, for the future construction of a
water storage reservoir. The Grant Deed has no reservations or restrictions on the sale of the land
or any portion of the land.
The site is currently vacant and is located in the foothills of the San Bernardino mountains. Due
to the natural hilly terrain, there is a large slope along the southwesterly portion of the property,
and vehicle access to the property is limited. The property is 5.1 acres and consists of
approximately 222,160 square feet of sloping land, and is shown more specifically on the
attached maps. Water Department ("Department") staff and a consultant completed the Master
Plan in 2007 and concluded that this parcel is not necessary for a future reservoir as an
alternative site has been identified to meet the 4.0 million gallon water storage requirement.
Montecito Equities, Ltd. is planning a proposed residential development (Spring Trails -Tract
Map No. 15576) easterly of this City owned parcel. Montecito Equities approached the Water
Department to purchase the subject property, which will allow it to be used for a portion of the
proposed development's secondary access.
A summary appraisal was completed by Inland Empire Consultants, Inc, on behalf of Montecito
Equities on March 10, 2010, indicating the estimated market value to be $22,000, based on the
terrain and limited access. Section 2.65.030 of the San Bernardino City Municipal Code allows
the sale of property valued under $25,000 to be sold by negotiated purchase, so long as the sales
price is not less than the fair market value.
Since this property has continually been vacant and is of no use to the Department, the Board
recommends the City to declare the property as surplus, and to sell this property to Montecito
Equities, Ltd. for $22,000, with the condition that a portion of the property will be subject to a
deed restriction that indicates such portion may only be used for the construction and
maintenance of a roadway. Montecito Equities is agreeable to the purchase and has already
executed the Sales and Purchase Agreement.
2
The attached resolution declares the property surplus, establishes the appraised value of $22,000
as the fair market value, and sets a public hearing for November 15, 2010, relative to the
proposed sale. At the close of the hearing, a resolution approving the sale and approving a Sales
and Purchase Agreement will be submitted for your consideration. Notice of the hearing will be
published and posted as required by law.
Upon approval of the attached resolution, the City and Montecito Equities, Ltd. will enter into an
escrow agreement. The Water Department's net revenue from the sale will be $22,000 as all
escrow fees will be paid by the buyer. In conformance with the City Charter, Section 164, the
City will receive 10% of all Water Department revenues.
Financial Impact:
The City of San Bernardino Municipal Water Department will receive $19,800 and the City will
receive $2,200 (10%) in conformance with the City Charter from the property sale.
Recommendation:
Staff recommends that the authorization to proceed with the sale of the property be given and
that the attached resolution be adopted.
Attachments•
- Vicinity Map
- Plat Map
- Board of Water Commissioners Staff Report
- Appraisal Summary Letter
- Copy of proposed Sales & Purchase Agreement
- Resolution
3
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
REAL PROPERTY SECTION
Indicates un-incorporated areas within City's
® Sphere of Influence
PROPOSED SALE OF CITY OWNED PROPERTY (WATER
DEPARTMENT USE) GENERALLY LOCATED
NORTHEASTERLY OF MYERS ROAD AND WEST OF
MARTIN RANCH ROAD, IN THE CITY OF SAN
BERNARDINO.
Created by: Ryan Sandoval I Date: 09/15/2010
CN~S NAP ~s EDR IRE PURPOS[ Ptn. Rancho Muscupiabe, M.B. 7/23 o3aa- 1 0
DE AD VAIORCN CAxAIIOR ONIr (Sometimes Known as Belmont & Belmont Springs Tracts, Unrecorded)
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September 2oo4Pln. Neyers +~ Borcloy Sub., N B 12/18, 2/32 O San Bernardino County
IN THE CITY OF SAN BERNdRDINO
PRELIMINARY SPRING TRAILS SECONDARY ACCESS ROAD
OFSITE OWNERSHIP EXHIBIT
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7 RELIMINARY SECONDARY ACCESS EXHIBIT
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ENGINEERING COMPANY (FAX)951.782.0723 ~dce~inee~ng com
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Rhre~side San Diego orange Sacremenro Phoenix Tucson SCALE: 1'=200' DATE:6-22-2009
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PLOT DATE: 11-AUG-2009 13565C
CITY OF SAN BERNARDIN~
MUNICIPAL WATER DEPART E
BOARD OF WATER COMMISSIONERS
S'T'AFF REPOR 1'
'TC?: Stacey R. Aldstadt, General Manager
FROM: Matthew H. Litchfield
~TPR ~7 #
~~
SU$,~ECT: DECLARATION OP SUILPLUS PROPERTY - 5.14 ACRES OF WATER
DI~I.'ARTMIL"NT PROPERTY LOCATED NORTH OP IVi8YER8 ROAD
AND WEST t3F MARTIN RANCH ROAD - TOSTADO PARCEL
DATE: April 22, 2010
COPIES: Greg Gage (w/o attach), Sydney Morrison (w/o attach}, Sally Duran (w/attach}
*, l~.
The Sxn $emardino Municipal Water laepartrncnt {Department) is requesting Board of Water
C:ammissionets {Board) declaration of surplus property fox the Tostado Parcel site (AFN
034&101-7G-0000) located north of Meyers Road and west of Martin Ranch Road in the Verdemorst
Area. The surplus portion of land consists of approximately 2Z2,iG4 square feet (5.10 acres} of
mildly sloping land. The land is currently not maintained by Depamnent staff due to its rtrnote
location. This particular parcel was ariginauy acquired as a future reservoir site for the future 2304
pressure zone. Staff and a consultant competed the Master Plan in 2007 and concluded that this
parcel is not necessary for a future reservoir. An alternative site was chosen to meet the 4.0 million
gallon water storage requirement.
Staff has determined the fair market value of this parcel to be a nominal $22,000.00 based on the
following criteria:
* The parcel is na longer needed by the Cit}~ or I~epamnent for its intended use.
+ A property appraisal was conducted by Inland Empire Consultants, Inc, for the patenrial buyer,
Monteeito Equities, LLC. The report concludes that the estimated market value of the property
as of March 2, 2010 is 522,000,00 based on six {6) comparable sales in the general area is
compliance with the Unifotrn Appraisal Standards for Federal Land Acquisitions, the Srate of
California Standards for Acquisitions of band as well as USPAP and the Appraisal Institute.
• 'The parcel will have a deed restriction for roads, public utilities, and slope areas to be dedicated
to the City of San $emardino as part of Tract Map No. 15576 recordation ("Spzing Trails,"
formerly known as "Martin Ranch").
Agenda item ~~
Stacey R. Aldstadt, General Manager
PAge 2
April 22, 2010
SUBJECT: DECt.ARATIOriT OF SURPLUS PROPERTY - 5,14 ACRES OP WATER
DEPARTMENT PROPERTY LOCATED NORTH OF MEYERS ROAD
AND WEST OP MARTIN RANCH ROAD - TOSTADO PARCEL
• The deed testtictiou will allow for a more unrestricted use of the surrounding property as well as
secondary access for the Spring Trails ptoyect.
Sistce the appraised va]ue of the land is less than ;25,000.00, sale of this property meets the
provisions of the City of San Bernardino Municipal Code Section 2.65.030, Negotiated Sale, and
may be sold by negotiaoed purchase.
It is recommended that the Board of Water Commissioners consider the following, motion for
appxoval:
+- Declare 5.10 acres of property located north of Meyers Road and west of
Martina. Raacb Road (4348-14176-400D} as auiplus; recommend to dtc Mayor
and Cotmraoa Councl! that the propetrty be declared surplus; and, fixing the
aalcs price at X22,000.00; atzd, apptovitsg a sales a~teement betweet-
City/Manrtecita Equitits, LLC anal authorize Staff to subtuit the accessary
information to the Mayor and Common Council to declare the property
surplus and sell the property to Moueecito Equities, LLC per Section 2.65.030
of the San Serrtardina Municipal Cade in the amount of;22,000.40.
Respectfully submitted,
'~~
Mat~ihe~xr h~seld, P.la.
Director, Water Utility
MHL:swd
Attach.
Vtt:\wUAdmini+nationltiwmi Menw.\Tara~ pared tkehation 5uephu Prorerty Fki Mcnw 414t0.doe
j,M.
f
SUMMARY APPRAISAL REPORT
OF
VACANT LAND
SAN BERNARDINO, CALIFORNIA
Location:
North of Myers Road and west of Martin Ranch Road,
city and county of San Bernardino, California
Prepared For:
Montecito Equities, LLC
3080 Bristol Street, Suite 630
Costa Mesa, CA 92626
INLAND EMPIRE CONSULTANTS, INC.
.~.~,, a~..,
INLAND EMPIRE CONSULTANTS, INC.
Real Estate Appraisal • Consultation
March 10, 2010
Mr. Tom Wilkinson
Montecito Equities, LLC
3080 Bristol Street, Suite 630
Costa Mesa, CA 92626
Dear Mr. Wilkinson:
In accordance with your request, we have prepared a Suntrriarl~ Appraisal Report
pertaining to the property located north of Myers Road and west of Martin Ranch
Road in the city and county of San Bernardino, California.
The subject property consists of vacant unimproved land totaling 5.1 gross acres,
or 222,160± square feet. The subject will be valued on the basis of a fee simple
estate. It is zoned RE (Residential Estate) which permits single family dwellings
on minimum one acre lots. The subject property was inspected on March 2, 2010,
which is our effective date of value.
The purpose of this appraisal is to determine market value considering that there
will be a deed restriction upon recordation of Tentative Tract Map No. 15576.
Areas for road and slopes must be dedicated to the city of San Bernardino as per
the deed restriction.
This is a Surrernary Appraisal Report, which is intended to comply with the report
requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of
Professional Appraisal Practice for Summary Appraisal Reports. As such, it
presents only summary discussions of the data, reasoning, and analyses that were
used in the appraisal process to develop the Appraiser's opinion of value.
Supporting documentation concerning the data, reasoning and analysis is
retained in our files. The Appraisers are not responsible for unauthorized use of
this report.
COKPOR~ITE OFFICE. 5-15 W. Sixth Street • Ontario. California 9176'_ • 1909) 98R-3200 • FA\: (9091 98-4--1'_'_6
REGIO.YAL OFFICE 76-686 DaffoOil Drive • Palm Desert, California 92211 • (760) 3~5-6885
~K
Mr. Wilkinson
March 10, 2010
Page 2
~,t
This appraisal report is in compliance with the Uniform Appraisal Standards for
Federal Land Acquisitions, the State of California Standards for Acquisitions of
Land as well as USPAP and the Appraisal Institute.
A thorough inspection was made of the subject property and the surrounding
area, and the data pertaining thereto was carefully analyzed and incorporated in
the following pages and exhibits. Based upon an analysis of all relevant data, we
conclude to the following estimate of value:
Estimated Market Value of the Subject Property on March 2, 2010, is.........$22,000
TWENTY TWO THOUSAND DOLLARS
Respectfully Submitted,
INLAND EMPIRE CONSULTANTS, INC.
~ ~~~
Phillip Gottfried, MAI
Principal
CA #AG007332
Clark N. Gamble
Principal
CA #AG007305
CERTIFICATE OF THE APPRAISERS
We, Phillip Gottfried and Clark N. Gamble certify that to the best of our
knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analyses, opinions and conclusions are limited only to the reported
assumptions and limiting conditions, and are our personal, unbiased professional
analyses, opinions and conclusions.
We have no present or prospective interest in the property that is the subject of
this report and we have no personal interest or bias with respect to the parties
involved.
Our compensation is not contingent on an action or event resulting from the
analyses, opinions or conclusions, or the use, of this report.
Our analyses, opinions and conclusions were developed and this report has been
prepared in conformity with the requirements of the Code of Professional Ethics
and Standards of Professional Practice of the Appraisal Institute. This report has
also been prepared in conformity with the Uniform Standards of Professional
Appraisal Practice.
The use of this report is subject to the requirements of the Appraisal Institute
relating to review by its duly authorized representatives.
As of the date of this report, Phillip Gottfried has completed the requirements
under the continuing education program of the Appraisal Institute.
We have made a personal inspection of the property that is the subject of this
report.
No one provided significant real property appraisal assistance to the persons
signing this certification.
The Appraisal assignment was not based on a requested minimum valuation, a
specific valuation, or the approval of a loan.
y
CERTIFICATE OF THE APPRAISERS
We are competent to perform this appraisal assignment, by virtue of previous
experience with similar assignments and/ or appropriate research and education
regarding the specific property type being appraised.
Our compensation is not contingent upon the reporting of a predetermined value
or direction in value that favors the cause of the client, the amount of the value
estimate, the attainment of a stipulated result, or the occurrence of a subsequent
event.
It is the intention of the Appraisers that the report complies with all statues, rules,
and regulations prohibiting discrimination on the basis of race, color, religion,
sex, national origin, and marital status.
Respectfully submitted,
INLAND EMPIRE CONSULTANTS, INC.
Phillip Gottfrie , MAI
Principal
CA #AG007332
~~. - ~
Clark N. Gamble
Principal
CA #AG007305
?~o
Date
3_z3_~~
Date
Ce:.'TY
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
This Purchase and Sale Agreement and Joint Escrow Instructions ("Agreement") is dated
as of this _ day of September. 2010 ("Effective Date"), by and between Montecito F,quities
Ltd., a California limited partnership ("Montecito"), and City of San Bernardino, a Municipal
Corporation ("City"). Hereafter, Montecito and City are sometimes referred to as "Party" and
collectively as "Parties".
RECITALS
WHEREAS, City owns for the benefit of the City of San Bernardino Municipal Water
Department approximately 5.1 acres of real property in the County of San Bernardino, State of
California, as more particularly described in Exhibit "A," attached hereto and incorporated by
this reference (the "Property");
WHEREAS, City of San Bernardino Municipal Water Department has deemed the
Property as surplus property;
WHEREAS, Montecito desires to purchase the Property from City, and City desires to
sell the Property to Montecito, on the terms and conditions contained in this Agreement; and
WHEREAS, the Parties desire to enter into this Agreement to memorialize the terms and
conditions upon which City shall sell, and Montecito shall purchase, the Property.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are
incorporated herein by this reference, and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants
contained herein, the Parties hereby agree as follows:
ARTICLE I
PURCHASE AND SALE
1.1 Purchase and Sale. Montecito agrees to purchase the Property from City and
City, agrees to sell the Property to Montecito, subject to the terms, conditions, and covenants
contained in this Agreement. The Property shall be conveyed to Montecito at the Close of
F,scrow free of any monetary encumbrances, all of which shall be paid by City on or before the
Closing.
1.2 Deed Restriction. The Property shall be conveyed to Montecito at the Closing
subject to a deed restriction ("Deed Restriction") that will provide that the portion of the
Property described on Exhibit "B", attached hereto and incorporated herein by reference
("Restricted Portion") may only be used for the construction, maintenance and operation of a
roadway (which will include all ancillary uses, such as utility easements, slopes and setbacks).
Water District Purchase Agreement (0348-101-76) (102
11~•R L~~;' ~I !H~nr~
ARTICLE II
PURCHASE PRICE AND DEPOSITS
2.1 Escrow. After this Agreement is executed by both Parties, Montecito shall open
an escrow ("Escrow") with First American Title Insurance Company, 330 West Court Street, San
Bernardino, California 92401 ("Escrow holder"), by delivering a fully executed copy of this
Agreement to Escrow Holder.
2.2 Purchase Price. The Purchase Price for the Property shall be Twenty-Two
Thousand and No/l00 Dollars ($22,000.00) ("Purchase Price"), payable as follows:
(a) Deposit. Within five (5) business days of the opening of Escrow, Montecito
shall deposit with Escrow Holder the sum of Five Thousand and No/100
Dollars ($5,000.00) ("Deposit").
(b) Balance of Purchase Price. At the Closing, Montecito shall deposit into
Escrow the sum of Seventeen Thousand and No/100 Dollars ($17,000.00)
in cash, or other immediately available funds, which, together with the
Deposit, totals the Purchase Price.
2.3 Form of Payment. All money payable under this Agreement shall be paid in
cash, by wire transfer, a cashier's check or certified check of immediately available federal funds
of the United States.
ARTICLE III
CITY COUNCIL APPROVAL
3.1 City Council Approval. Within sixty (60) days of the Effective Date, City shall
present this Agreement to City council for approval to proceed with the transaction contemplated
hereby ("Council Approval"). Both Montecito's and City's obligations hereunder shall be
contingent upon the occurrence of Council Approval. Within two (2) days of consideration by
the City council, City shall advise Montecito whether it has obtained Council Approval or
whether the transaction contemplated hereby was not approved by the City council. Upon the
occurrence of Council Approval, the parties shall proceed to the Closing. In the event the City
council does not approve of the transaction contemplated hereby, this Agreement shall terminate,
the Deposit shall be returned to Montecito, and thereafter neither party shall have any further
rights or obligations hereunder. If Council Approval does not occur within two hundred seventy
(270) days of the Effective Date, either party hereto may terminate this Agreement by providing
written notice to the other, in which event the Deposit shall be returned to Montecito, and
thereafter neither party shall have any further rights or obligations hereunder.
ARTICLE IV
CLOSING
4.1 Closing. The purchase and sale of the Property shall be consummated through a
closing ("Closing") in accordance with the following:
-2-
W ater District Purchase Agreement (034& 10I -76) 0(12
V1nX L~~~17 -~i;xev I
A. Close of Escrow. The close of escrow ("Close of Escrow") shall occur
thirty (30) days after Council Approval (the "Closing Date"). The Close of Escrow shall occur at
the office of the Escrow Holder or such other location as is acceptable to the Parties to this
Agreement.
B. Closing Documents.
(i) City. Prior to the Closing Date, City shall cause to be delivered to
Escrow the following:
(a) A grant deed ("Deed") conveying the Property to
Montecito, which Deed shall include the Deed Restriction on the Restricted Property;
(b) Such documents and instruments as Escrow may
reasonably require to evidence the due authorization and execution of the documents and
instruments to be delivered by City under this Agreement; and
through Escrow.
(c) City's share of any costs and expenses to be paid to or
(ii) Montecito. Prior to the Closing Date, Montecito shall deliver to
the Escrow the following:
(a) The balance of the Purchase Price payable by Montecito at
the Closing pursuant to Section 2.2(b), plus Montecito's share of any costs and expenses to be
paid to or through Escrow; and
(b) Such documents and instruments as Escrow may
reasonably require to evidence the due authorization and execution of the documents and
instruments to be delivered by Montecito under this Agreement.
4.2 Fees; Expenses; Prorations.
A. Fees, Expenses, Transfer Taxes. Montecito shall pay: (a) Escrow Holder's
fee; (b) the cost of any title policy that Montecito elects to purchase; (c) any documentary
transfer tax payable on the sale of the Property. Montecito and City shall each pay for their own
attorneys' fees.
B. Real Property Taxes, Assessments and Rents. Any real property taxes and
assessments shall be prorated and adjusted on the basis of the actual days in the calendar year.
Montecito shall pay for the date of Closing. Montecito acknowledges that City is not subject to
real property taxes and assessments.
C. Commissions. Montecito and City each represent to each other that they
have not employed or contracted with any other broker on their behalf in connection with this
transaction.
-3-
Water District Purchase Agreement (0348-101-76) 002
\1Pkl ni3-'.11589;
ARTICLE V
DEFAULT
5.1 Montecito's Default. IF MONTECITO DEFAULTS UNDER THIS
AGREEMENT, CITY SHALL BE RELEASED FROM OBLIGATION TO SELL THE
PROPERTY TO MONTECITO, BUT CITY, BY INITIALING THIS PARAGRAPH, SHALL
HAVE RELEASED MONTECITO FROM ANY CLAIMS OR CAUSES OF ACTION
ARISING OUT OF SUCH DEFAULT, AND CITY SHALL HAVE AGREED THAT CITY
SHALL RETAIN THE "DEPOSIT" AS LIQUIDATED DAMAGES, AND THAT SUCH
RETENTION SHALL BE CITY'S SOLE REMEDY AGAINST MONTECITO IN REGARD
TO SUCH DEFAULT. THE PARTIES HERETO HAVE CONSIDERED THE AMOUNT OF
DAMAGES WHICH CITY IS LIKELY TO INCUR IN THE EVENT OF A DEFAULT OR
BREACH HEREUNDER BY MONTECITO, AND THE PARTIES HERETO HAVE AGREED
THAT THE DEPOSIT IS A REASONABLE APPROXIMATION AND LIQUIDATION OF
CITY'S POTENTIAL DAMAGES, CONSIDERING ALI, OF THE CIRCUMSTANCES
EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP
OF THE SUM TO THE RANGE OF HARM TO CITY THAT REASONABLY COULD BE
ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES
WOULD BE COSTLY OR INCONVENIENT. THE RECEIPT AND RETENTION OF SUCH
AMOUNT BY CITY IS INTENDED TO CONSTITUTE THE LIQUIDATED DAMAGES TO
CITY PURSUANT TO THE CALIFORNIA CIVIL CODE, AND SHALL NOT BE DEEMED
TO CONSTITUTE A FORFEITURE OR PENALTY WITHIN THE MEANING OF THE
CALIFORNIA CIVIL CODE, OR ANY SIMILAR PROVISION. SAID AMOUNT OF
LIQUIDATED DAMAGES SHALL BE IN LIEU OF ANY OTHER REMEDIES, DAMAGES
OR SUMS DUE OR PAYABLE TO CITY. IN PLACING THEIR INITIALS AT THE
PLACES PROVIDED, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF
THE STATEMENTS MADE ABOVE.
MONTECITO CITY
5.2 City's Default. If the transaction contemplated hereby fails to close as the result
of City's default under this Agreement, Montecito shall have all remedies available at law and
equity, including, without limitation, specific performance.
ARTICLE VI
REPRESENTATIONS AND WARRANTIES
6.1 City's Representations and Warranties. City represents and warrants to
Montecito that, as of the date this Agreement is executed and as of the Closing Date: (i) City has
full right, power and authority to execute and deliver this Agreement and to perform the
undertakings of City contained in this Agreement; (ii) this Agreements constitutes valid and
binding obligations of City that are legally enforceable in accordance with its ternls; (iii) no
hazardous materials have been released on the Property; (iv) City- is not aware of any matters that
would affect the value or desirability of the Property.
-4-
N'ater District Purchase Agreement (0348-101-76) 002
ARTICLE VII
MISCELLANEOUS
7.1 Assignment. Neither Party shall assign its rights nor delegate its obligations
under this Agreement without obtaining the prior written consent of the other Party hereto.
7.2 Attorneys' Fees. If any action, proceeding or arbitration is brought to interpret or
enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the
other party, in addition to all other damages, all costs and expenses of such action, proceeding or
arbitration, including but not limited to actual attorneys' fees, witness fees' and court costs. The
phrase "prevailing party" as used in this Section shall include a party who receives substantially
the relief desired whether by dismissal, summary judgment or otherwise.
7.3 Notices. All notices and requests under this Agreement shall be in writing and
shall be sent by personal delivery, by certified or registered mail, postage prepaid, return receipt
requested, or nationally recognized overnight mail carrier such as Federal Express, to the
following street addresses:
To City:
City of San Bernardino
Attn: Matthew H. Litchfield, P.E.
300 North D Street, 5`'' Floor
San Bernardino, CA 92418
To Montecito:
Montecito Equities, Ltd.
Attn: Tom Wilkinson
3080 Bristol Street, Suite 630
Costa Mesa, CA 92626
With a copy to:
Gresham, Savage, Nolan & Tilden, APC
Attn: J. Matthew Wilcox, Esq.
550 E. Hospitality Lane, Suite 300
San Bernardino, CA 92408-4205
All notices shall be effective upon receipt or rejection.
7.4 Cooperation. Each Party shall fully cooperate with the other in connection with
the requirements imposed by this Agreement upon the other, to the end that neither Party shall
act in any manner to impede the other in performing its obligations under this Agreement.
7.5 lnterpretation/ForumNenue. This Agreement shall be construed and enforced
in accordance with the laws of the State of California as applicable to contracts entered into in
California among parties doing business therein. The Parties agree that any litigation or dispute
concerning this Agreement or the transaction contemplated hereby will be resolved in the
Superior Court of the State of California, County of San Bernardino only.
7.6 Successors and Assigns. This Agreement shall be binding upon and inure to the
benefits of the heirs, successors and assigns of the parties to this Agreement.
-5-
Water District Rirchase Agreement (11348-10I-76) l!0?
11nR;-~~I~ _ 511X`"I i
7.7 Severability. If any term or provision of this Agreement is determined to be
invalid or unenforceable, the remaining terms and provisions shall not be affected thereby and
shall remain in full force and effect to the maximum extent permitted by law.
7.8 Counterparts. This Agreement may be executed in counterparts, all of which
shall constitute the same Agreement, notwithstanding that all parties to this Agreement are not
signatory to the same or original counterpart.
7.9 Survival. All covenants and agreements of the Parties hereto shall survive the
Closing.
7.10 Withholding Requirements. Montecito and City agree to comply with any
withholding requirements of Federal or State law.
7.11 Integration. This Agreement, together with all the agreements referenced herein,
constitutes the entire agreement between the Parties pertaining to the subject matter contained in
it and supersedes all prior and contemporaneous agreements, representations, and understandings
of the Parties. No supplement, modification, or amendment of this Agreement will be binding
unless executed in writing by all the Parties. No waiver of any of the provisions of this
Agreement will be considered, or will constitute, a waiver of any other provision, and no waiver
will constitute a continuing waiver. No waiver will be binding unless executed in writing by the
Party making the waiver.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
set forth above.
MONTECITO"
MONTECITO EQUITIES, LTD., a
California limited partnership
"CITY"
CITY OF SAN BERNARDINO, a
Municipal corporation
By• '
Thomas Wilkinson
Its: General Partner
Date: < ~ ' ~~ ~
Approved To Form:
James F. Penman, City Attorney
By: c ~Y
Its:
Date:
-6-
Waler District Purchase Agreement (0348-101-76) 002
itr,X; ni= ~~ ~114U~ I
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the County of San Bernardino, more particularly
described as follows, and as depicted on Exhibit "A-1 ", attached hereto:
PARCEL NO. 1
THAT PORTION OF LOT 15; MEYERS AND BARCLAY SUBDIVIDION, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBECD AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540
FEET, THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERY LINE TO THE
POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE PROPERTY
CONVEYED TO SAM STERN AND SHIRLEY STERN, HUSBAND AND WIFE, BY DEED
RECORDED IN BOOK 6114, PAGE 14, OFFICIAL RECORDS; THENCE NORTHERLY
TO THE POINT OF INTERSECTION OF A LINE PARALLEL TO THE NORTHERLY
LINE OF SAID LOT 15, DISTANT 320 FEET THEREFROM WITH A LINE PARALLEL
TO THE EASTERLY LINE OF SAID LOT 15, DISTANT 515 FEET THEREFROM,
THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID LOT, 175
FEET; THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID LOT 15 TO A
POINT ON THE NORTHERLY LINE OF SAID LOT 15; THENCE EASTERLY ALONG
THE NORTHERLY LINE OF SAID LOT TO THE POINT OF BEGINNING.
PARCEL NO. 2:
AN EASEMENT FOR ROADWAY, PIPELINE AND RELATED PURPOSES, IN, OVER,
UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 15, MEYERS AND BARCLAY SUBDIVISION, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 50 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540
FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE 280
FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY PARALLEL TO SAID EASTERLY LINE OF LOT 15 TO THE
INTERSECTION OF SOUTHERLY LINE OF THE PROPERTY CONVEYED TO
EMANUEL NEIMAN AND AGNES NEIMAN, HUSBAND AND WIFE, BY DEED
RECORDED DECEMBER 14, 1943 IN BOOK 1645, PAGE 136, OFFICIAL RECORDS
OF SAID COUNTY, TO THE TERMINATION OF SAID STRIP
NOTE: SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED
IN ORDER TO TERMINATE AT THE SOUTHERLY LINE OF SAID NEIMAN
PROPERTY.
EXHIBIT "A"
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EXHIBIT "A-1"
DEPICTION OF PROPERTY
EXHIBIT "A"
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Title ~`ompany
Reference No.: 3493450
County: San Bernardino .
Location Map
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Tax ID: 0348-101-76-0-000 This map may or may not be a survey of the land depicted hereon.
Map Not You should not rely upon it for any purpose other than orientation
"
Short I ': A Portion of Lot 15 Sub division Map Bk2 Pg32
To Scale to the general location of the parcel or pares
depicted. First
American Title expressly disclaims any liab' Ileged loss or
damage which may result from relian n this map.
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Reference No,: 3493450
County: San Bernardino
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PARCEL 1
07/19/1883 Bk34 Pg196
(Pipelines-Not Plottable)
12/04/1930 Bk677 Pg124
® (Pole Lines-60' Wide)
This map may or may not be a survey of the land depicted hereon.
Tax ID:034$-101-76-0-000 Map Not You should not rely upon it for any purpose other than orientation
to the general location of the parcel or pare' depicted. First
Short ( '~ A Portion of Lot 15 Sub division Ma Bk2 P 32 To Scale American Title expressly disclaims any liab' Ileged loss or
p 9 damage which may result from relian ~ this map.
EXHIBIT "B"
LEGAL DESCRIPTION OF RESTRICTED PORTION
All that certain real property located in the County of San Bernardino, more particularly
described as below and as depicted on Exhibit "B-1"
A PORTION OF LOT 15 OF MEYERS AND BARCLAY SUBDIVISION, AS SHOWN
BY MAP ON FILE IN BOOK 2, PAGE 32 OF MAPS, RECORDS OF SAN
BERNARDINO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15,
THENCE ALONG THE EASTERLY LINE OF SAID LOT 15, SOUTH 27°15'00"
WEST, A DISTANCE OF 288.18 FEET;
THENCE SOUTH 82°09'53" WEST A DISTANCE OF 179.13 FEET;
THENCE SOUTH 33°07'56" WEST, A DISTANCE OF 150.20 FEET TO A POINT ON A
LINE WHICH IS PERPENDICULAR TO THE EASTERLY LINE OF SAID LOT 15, A
POINT OF INTERSECTION, OF THE EASTERLY PROLONGATION OF SAID
PERPENDICULAR LINE TO THE EASTERLY LINE OF SAID LOT 15 BEING
SOUTH 27°15'00" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST
CORNER OF SAID LOT 15;
THENCE NORTH 62°56'38" WEST, A DISTANCE OF 91.19 FEET;
THENCE NORTH 24°23'29" EAST, A DISTANCE OF 144.48 FEET;
THENCE NORTH 31°07'03" EAST A DISTANCE OF 309.63 FEET;
THENCE NORTH 58°13'05" EAST A DISTANCE OF 107.55 FEET TO A POINT ON
THE NORTHERLY LINE OF SAID LOT 15;
THENCE ALONG SAID NORTHERLY LINE, SOUTH 61°19'37" EAST A DISTANCE
OF 184.21 FEET; TO THE TRUE POINT OF BEGINNING.
CONTAINING 2.36 ACRES, MORE OR LESS.
EXHIBIT "B-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A
PART HEREOF.
EXHIBIT "B"
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GEEt3 RSTRiCTION
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19
20
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23
24
25
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1
2
. RESOLUTION NO. .
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR
3 MARKET VALUE AND SALES PRICE OF $22,000 AND DECLARING THE
INTENTION OF THE CITY TO SELL CITY OF SAN BERNARDINO MUNICIPAL
4 WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
5 NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO
MONTECITO EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR
6 NOVEMBER 15,2010 AT 4:00 P.M., TO CONSIDER SAID SALE.
7
8 WHEREAS, the City of San Bernardino Municipal Water Department ("Water
9 Department"), a municipal corporation, is the owner of the hereinafter described parcel of real
10 property, generally located northeasterly of Myers Road and west of Martin Ranch Road, in the
11
12
~ore fully described in ~xhibit "A" attached he!eto and made a part he~eof; and
13
14
15
16
17
18
City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76 and
WHEREAS, Montecito Equities, Ltd. has expressed a desire to purchase said Water
Department owned parcel described herein; and
WHEREAS, the Mayor and Common Council of said City believe it is in the best
interest of the City that said parcel of real property be disposed of at fair market value; and
WHEREAS, Montecito Equities, Ltd. hired Inland Empire Consultants, Inc., a California
Certified General Real Estate Appraiser, to prepare an appraisal of the City property described
herein; and
WHEREAS, Inland Empire Consultants, Inc. has prepared and submitted a summary
appraisal report determining the fair market value of said Water Department property to be in
the amount of TWENTY TWO THOUSAND DOLLARS ($22,000.00); and
WHEREAS, Water Department staff has accepted the appraisal report of Inland Empire
Consultants, Inc. as determination of fair market value of said Water Department property; and
09/16/2010
1
2
3
4
5
6
ESOLUTION OF THE CITY OF SAN BERNARDINO ES'TABLISHING A FAIR MARKET VALUE AND
ALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
ERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
ORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
QUITIES, LTD. AND SETTING A PUBLIC HEARING FOR NOVEMBER 15, 2010 AT 4:00 P.M., TO
ON SIDER SAID SALE.
WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City
owned property with a fair market value of less than $25,000 may be sold by negotiated
7
8 purchase, so long as the sales price is not less than the fair market value of said real property.
9
10
11
12
13
14
15
16
17
18
19
20
21
THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of a portion of Water
Department owned real property generally located northeasterly of Myers Road, in the City of
San' Bernardino, more fully described in said Exhibit "A", and same is hereby declared as
surplus real property.
SECTION 2. It is therefore the intention of the Mayor and Common Council of the
City of San Bernardino to sell said real property to Montecito Equities, Ltd.
SECTION 3. The Mayor and Common Council do hereby find and determine that the
Fair Market Value and sales price of said real property is in the amount of TWENTY TWO
THOUSAND DOLLARS ($22,000.00); and
SECTION 4. The Mayor and Common Council of the City of San Bernardino do
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hereby set a public hearing to be held on November 15,2010, at the hour of 4:00 p.m. or as soon
thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California, relative to the proposed sale.
SECTION 5. Notice of the public hearing shall be published in The San Bernardino
County Sun, a newspaper of general circulation, at least once prior to the public hearing and
09/16/2010
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ESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 ALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
ERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
ORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
QUlTIES, LTD. AND SETTING A PUBLIC HEARING FOR NOVEMBER 15, 2010 AT 4:00 P.M., TO
ONSIDER SAID SALE.
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5 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the
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hearing.
SECTION 6. Written and oral protest to such sale may be submitted and shall be
9 received at or prior to the public hearing. Written protests may also be submitted to the City
10 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public
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hearing.
SECTION 7.
It is the intent of the Mayor and Common Council to consider and
approve the sale of said property described herein, at said public hearing.
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09/16/2010
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ESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR MARKET VALUE AND
2 ALES PRICE OF $22,000 AND DECLARING THE INTENTION OF THE CITY TO SELL CITY OF SAN
ERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED
ORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO MONTECITO
QUlTIES, LTD. AND SETTING A PUBLIC HEARING FOR NOVEMBER 15,2010 AT 4:00 P.M., TO
ONSIDER SAID SALE.
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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
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day of
, 20_, by the following vote, to
9 wit:
AYES
NAYS
ABSTAIN ABSENT
10 Council Members:
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MARQUEZ
DESJARDINS
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20_
22 The foregoing resolution is hereby approved this
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PATRICK J. MORRIS, Mayor
City of San Bernardino
09/16/2010
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ExmBIT "A"
LEGAL DESCRIPTION OF PROPERTY
All that certain real property located in the County of San Bernardino, more particularly
described as follows,
PARCEL NO.1
THAT PORTION OF lOT 15; MEYERS AND BARCLAY SUBDIVIDION, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBECD AS FOllOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID lOT 15; THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID lOT 15, 540
,FEET, THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERY LINE TO THE
POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE PROPERTY
CONVEYED TO SAM STERN AND SHIRLEY STERN, HUSBAND AND WIFE, BY DEED
RECORDED IN BOOK 6114, PAGE 14, OFFICIAL RECORDS; THENCE NORTHERLY
TO THE POINT OF INTERSECTION OF A LINE PARAllEL TO THE NORTHERLY
LINE OF SAID lOT 15, DISTANT 320 FEET THEREFROM WITH A LINE PARAllEL
TO THE EASTERLY LINE OF SAID lOT 15, DISTANT 515 FEET THEREFROM,
THENCE EASTERLY PARALLEL TO THE NORTHERLY LINE OF SAID LOT, 175
FEET; THENCE NORTH PARALLEL TO THE EASTERLY LINE OF SAID LOT 15 TO A
POINT ON THE NORTHERLY LINE OF SAID lOT 15; THENCE EASTERLY ALONG
THE NORTHERLY LINE OF SAID lOT TO THE POINT OF BEGINNING.
PARCEL NO.2:
AN EASEMENT FOR ROADWAY, PIPELINE AND RELATED PURPOSES, IN, OVER,
UNDER AND ACROSS THE FOllOWING DESCRIBED PROPERTY:
THAT PORTION OF LOT 15, MEYERS AND BARCLAY SUBDIVISION, IN THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. AS PER MAP RECORDED
IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
A STRIP OF LAND 50 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 15, THENCE SOUTH 27
DEGREES 15 MINUTES WEST ALONG THE EASTERLY LINE OF SAID LOT 15, 540
FEET; THENCE WESTERLY AT RIGHT ANGLES TO SAID EASTERLY LINE 280
FEET, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE
SOUTHWESTERLY PARALLEL TO SAID EASTERLY LINE OF LOT 15 TO THE
INTERSECTION OF SOUTHERLY LINE OF THE PROPERTY CONVEYED TO
EMANUEL NEIMAN AND AGNES NEIMAN, HUSBAND AND WIFE, BY DEED
RECORDED DECEMBER 14, 1943 IN BOOK 1645, PAGE 136, OFFICIAL RECORDS
OF SAID COUNTY, TO THE TERMINATION OF SAID STRIP
NOTE: SIDELINES OF SAID EASEMENT SHALL BE SHORTENED OR LENGTHENED
IN ORDER TO TERMINATE AT THE SOUTHERLY LINE OF SAID NEIMAN
PROPERTY.
EXHIBIT "A"
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