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HomeMy WebLinkAbout06.C- Public Works 6.0 RESOLUTION (ID #2486) DOC ID: 2486 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Robert Eisenbeisz M/CC Meeting Date: 06/17/2013 Prepared by: Ryan Sandoval, (909) 384-5140 Dept: Public Works Ward(s): 6 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Directing and Authorizing the Execution of a Right of Way Contract with the State of California Department of Transportation, and the Execution of a Grant Deed and Easement Deed for the Sale of City Owned Real Property, Designated for Water Department Use, Generally Located Southwesterly of Cajon Boulevard and Devore Road,in the City of San Bernardino. (#2486) Current Business Registration Certificate: Not Applicable Financial Impact: None. Mayor to open the hearing. . . Motion: Close the hearing; and adopt the Resolution. Synopsis of Previous Council Action: 5/06/2013 -Resolution No. 2013-085 was adopted, declaring the property surplus, establishing the fair market value for the property, and set a public hearing for June 17, 2013. Background: The State of California Department of Transportation(Caltrans) is currently in the planning and design stage of the I-15/I-215 Devore Interchange Project(Project). Caltrans has identified a portion of a.24 acre property owned by the City of San Bernardino and designated for the Water Department(Department)use, fronting Old Cajon Boulevard(APN 0349-174-10)that will need to be acquired by the State to accommodate the Project. In addition to the Caltrans land acquisition request, Caltrans is also requesting a 1,698 square foot Temporary Construction Easement(TCE) on a parcel owned by the Department fronting Cajon Boulevard (APN 0349-173- 29) for a thirty-six (36) month duration. The surplus parcel (APN 0349-174-10) consists of approximately.24 acres of unimproved vacant land that is currently not maintained by the Department due to its remote location. This property was acquired in fee by the City in 1977 from Southern California Edison and designated for Water Department use with the intended purpose of allowing the construction of a Water Department Chlorination-Pressure Regulating Station. The TCE is located on property the City acquired in fee in 1981, also designated for Department use,which currently has a water reservoir located on the property. Caltrans presented an offer to the Department based on an appraisal prepared by Overland, Pacific &Cutler, Inc., for both the partial property acquisition in the amount of$30,300 and the TCE in the amount of$1,700. The Department elected to have a second appraisal completed, as allowed by law,by Smothers Appraisal for these properties,which was reimbursed by Caltrans. Updated: 6/6/2013 by Linda Sutherland A Packet Pg. 700 s.c 2486 Caltrans reviewed the Smothers Appraisal and made a counter offer to the Department to acquire the entire .24 acre parcel,based on the severance damages incurred, at the square footage cost of$5.50 per square foot based on the Smothers appraisal. The offer for the entire parcel was $57,000. Caltrans also agreed to the value of $2,800 for the TCE. On March 19,2013,the San Bernardino Municipal Water Department Board of Water Commissioners (Board), unanimously voted(Department memo attached) to recommend to the Mayor and Common Council to declare the .24 acre property(APN 0349-174-10) surplus and agree to the sales price of$57,000. In addition,they recommended approval of a grant of a Temporary Construction Easement over APN 0349-173-29 for the term of thirty-six (36)months for the amount of$2,800. This property sale meets the provisions of the San Bernardino Municipal Code Section 2.65.050, Sales to Public Agencies, since the request to purchase Department property was received from a public agency and may be sold at fair market value without the requirement of a competitive bid process. On May 6,2013,Resolution No. 2013-085 was adopted, declaring the property surplus, establishing the fair market value of$57,000 for the property and$2,800 for the TCE, and set a public hearing for June 17, 2013, as required by Government Code Section 37420, et seq. The Resolution was published in the Sun newspaper and was also posted on the property, as required by law. The attached Resolution authorizes the execution of a Right of Way Contract with Caltrans and the execution of a Grand Deed and Easement Deed. If approved,the San Bernardino Municipal Water Department and Caltrans will enter into an escrow agreement. Caltrans will pay all escrow and closing costs for this transaction and thus the Department's net revenue from the sale will be $59,800. City Attorney Review: Supporting Documents: RCA-Plat (PDF) RCA-Aerial (PDF) Resolution (PDF) Resolution Exhibit"1" -RW Contract (PDF) Resolution Exhibit "2" - Grant Deed (PDF) Resolution Exhibit"3" - Easement Deed (PDF) V4 Updated: 6/6/2013 by Linda Sutherland A Packet Pg. 701 (6uueOH o!lgnd-RUadold Ida(]1aleM}o ales S21:dH-99hZ) leld-V08 auawgoeuv O L-05 LOOOMH 0 1-05 moowJ m �!'c 1 133HS 33S V38V SIH1 803 y � M12 W- sm y v sac 2p,.9r � a e N NB�'23 39 E r 7 a F � ^'° 125.1<. '. N'.;• .�.� � /a y� ���r g � `�H °� y Bt 5 E yf 2 2 6i' y, `., •/%/ F�1 �L+ iG �L r 7 m oho Wj rim ag��o 4 M / 7 m 5 ,9 ° 1u N � r R ) � m r m n a W I yF OZSA`6F'N J Ol C u� O m qaf l b�, �• � �I z - om ,y M16 gM1 .665E s ^y`/ s9 j ~,00'Ol 3 10.94°Sl N � wry° ti p 0 ' r, m r o m O ..l - m mm Y t 1. 1 ! 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'tp e el NUE s �+. 4uo rt ` . a � k" ..c�•;�tea, ��,.�• vw 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF 3 A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA 4 DEPARTMENT OF TRANSPORTATION, AND THE EXECUTION OF A GRANT DEED AND EASEMENT DEED FOR THE SALE OF CITY OWNED REAL 5 PROPERTY, DESIGNATED FOR WATER DEPARTMENT USE, GENERALLY LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND DEVORE ROAD, 6 IN THE CITY OF SAN BERNARDINO. _ 2 7 M BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY a 8 OF SAN BERNARDINO AS FOLLOWS: 9 SECTION 1, The City Manager is hereby directed and authorized to execute on o CL 10 behalf of the City, a Right of Way Contract with the State of California Department of CL ll ° Transportation ("Caltrans"), a copy of which is attached as Exhibit "1" and incorporated 12 herein, for the sale of certain City owned property, designated for Water Department use, 0 13 generally located southwesterly of Cajon Boulevard and Devore Road, in the City of San y 14 Bernardino, known as Assessor's Parcel Number 0349-174-10, and is more fully described in co 15 a' a Grant Deed, attached as Exhibit"2"and incorporated herein. o 16 SECTION 2. The Mayor is hereby directed and authorized to execute on behalf of N 17 the City, said Grant Deed relative to the sale of City property, designated for Water c 0 18 Department use, a copy of which is attached as Exhibit "2", and an Easement Deed over a 2 19 portion of City owned property, designated for Water Department use, known as Assessor's 20 Parcel Number 0349-173-29, a copy of which is attached as Exhibit "3" and incorporated 21 ° herein. 22 SECTION 3. The authorization to execute the above-referenced Agreement is E 23 rescinded if the parties fail to execute the Agreement within sixty (60) days of the date of 24 adoption of this Resolution. a 25 26 IlI 27 28 Packet'Pg.704 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO DIRECTING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION,AND 2 THE EXECUTION OF A GRANT DEED AND EASEMENT DEED FOR THE SALE OF CITY OWNED REAL PROPERTY, DESIGNATED FOR WATER DEPARTMENT USE, GENERALLY 3 LOCATED SOUTHWESTERLY OF CAJON BOULEVARD AND DEVORE ROAD,IN THE CITY OF SAN BERNARDINO. 4 5 � L I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 2 7 and Common Council of the City of San Bernardino at a meeting a 8 thereof, held on the day of , 2013, by the following vote, to wit: as 9 CL 0 10 Council Members: AYES NAYS ABSTAIN ABSENT a r MARQUEZ ° 11 L R 12 JENKINS 3: 0 13 VALDIV IA N t 14 SHORETT co 15 16 KELLEY 00 N 17 JOHNSON c 1$ MCCAMMACK 19 20 Georgeann Hanna, City Clerk 0 21 The foregoing resolution is hereby approved this day of ,2013. 22 23 24 Patrick J. Morris, Mayor a City of San Bernardino 25 26 Approved as to form: JAMES F. PENMAN, 27 City Attorney 28 :B �� Y Packet Pg. 705 EXH 1 B 1 ' '� STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION CONFIDENTIAL This RIGHT OF WAY CONTRACT STATE HIGHWAY pursuant to eCiviloCode personal 98 211 it information, sha l be and t confidential in order to protect against unauthorized l RW 8-3(Rev.6/95) disclosure. Page 1 of 3 APN:0349-174-10&0349-173-29 District Co Route P.M. KP) E.A. Pro am Fed.Ref. Name Parcel on 22516& � 8 SB 215 17.30& 17.38 K710 City of San Bernardino 22659 a� San Bernardino ,California 0 $2013 a City of San Bernardino � Grantor 0 0 L a RIGHT-OF-WAY CONTRACT-- STATE HIGHWAY CL d 0 Document No. 22516-1 in the form of a Grant Deed and Document No. 22659-1 in the form of a Temporary Construction Easement Deed to the State of California("Grantee"), covering the property as described on the attached Exhibits "A", will be executed and delivered to,Erick Gutierrez,Right-of-Way Agent for Overland Pacific&Cutler,Inc.,agent for San Bernardino Associated Governments(herein referred as"SANBAG") 0 d In consideration of which,and the other considerations hereinafter set forth,it is mutually agreed as follows: N U) W 1. (A) The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes a the entire consideration for said document and shall relieve SANBAG of all further obligations or claims on ' this account,or on account of the location,grade or construction of the proposed public improvement. v (B) Grantee requires said property described in Documents No.22516-1 and 22659-1 for State highway purposes, a public use for which Grantee has the authority to exercise the power of eminent domain. Grantor is compelled to sell,and Grantee is compelled to acquire the property. c 0 (C) Both Grantor and Grantee recognize the expense, time, effort, and risk to both parties in determining the U compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement,in lieu of such litigation. 2. SANBAG shall: ' (A) Pay the undersigned Grantor the sum of$59,800.00 for the property or interest conveyed by above documents to when title to said property vests in the State of California free and clear of all liens, encumbrances, o assessments,easements and leases(recorded and/or unrecorded)and taxes,except: 0 a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code,if unpaid at the close of escrow. c b. Covenants, conditions, restrictions and reservations of record, or contained in the above-referenced ID E document. crs w C. Easements or rights-of-way over said land for public or quasi-public utility or public street purposes,if Q any. 3 Packe#Pg.7Q6 STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 2 of 3 RIGHT OF WAY CONTRACT-STATE HIGHWAY(Cont.) Parce[No.22516&22659 (B) Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by SANBAG, the premium charged therefore. Said escrow and recording charges shall not, however, include documentary transfer tax.This transaction will be handled through an external escrow with Lawyers Title Company,Escrow No.to be determined. �a (C) Have the authority to deduct and pay from the amount shown on Clause 2(A)above, any amount necessary to = satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments which .Q have become a lien at the close of escrow. a 3. Any monies payable under this contract up to and including the total amount of unpaid principal and interest on m note(s)secured by mortgage(s)or deed(s)of trust,if any,and all other amounts due and payable in accordance with c the terms and conditions of said deed(s) of trust or mortgage(s), shall upon demands) be made payable to the L a mortgagee(s) or beneficiary(ies) entitled thereunder; said mortgagee(s) or beneficiary(ies) are to furnish Grantor a with good and sufficient receipt showing said monies credited against the indebtedness secured by said mortgage(s) o or deed(s)of trust. 4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by Grantee, including the right to remove and dispose of improvements, o shall commence at the close of the escrow and that the amount shown in Clause 2(A) herein includes, but is not 2 limited to,full payment for such possession and use,including damages,if any,from said date. ci 5. Grantor warrant that there are no oral or written leases on all or any portion of the property exceeding a period of o: one month and the Grantor agrees to hold SANBAG harmless and reimburse SANBAG for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period co exceeding one month. Grantor acknowledges that a quitclaim deed will be required from any lessee that has a lease N term exceeding one month. Said quitclaim deeds are to be provided to Title by Grantor, prior to the close of .r escrow. L .F+ 6. It is understood and agreed by and between the parties hereto that payment as provided in Clause 2(A)includes,but v is not limited to, payment for any and all damages, and any and all damages which may accrue to the Grantor's 0 remaining property by reason of its severance from the property conveyed herein and the construction and use of the � proposed highway project, including, but not limited to, any expense which Grantor may incur in restoring the utility of their remaining property. 7. It is agreed between the parties hereto that Grantee is acquiring title subject to unpaid assessments,as set forth herein,is not assuming responsibility for payment or subsequent cancellation of such assessments. Said assessments include but w are not limited to Lawyers Title Company order number 09304312. The assessments remain the obligation of the o Grantor and, as between SANBAG, Grantee and the Grantor, no contractual obligation has been made requiring their 2 payment. Payment for the property acquired under this transaction is made upon the basis that the Grantor retains their c obligation to the levying body respecting said assessments. The property acquired under this transaction is to be free and clear of any bonds and/or assessments at the close of escrow. r C 8. A temporary construction easement is needed for the purpose of staging and constructing a driveway. Said easement E shall be for a period of 36 months from the date the contractor enters the easement. Said 36 months shall begin no u sooner than the date on which Grantee notices Grantor of the start of the easement period. Easement will terminate no ;g later than the completion of the construction within the Highway project or 36 months from contract award whichever Q comes first. Permission is hereby granted to Grantee or its authorized agent to enter upon Grantor's land where necessary within that certain area identified as a temporary construction easement for the purpose described above. V r No Obligation Other Than Those Set Forth Herein Will Be Recognized Packet Pg. 707 s.c.a STATE OF CALIFORNIA•DEPARTMENT OF TRANSPORTATION Page 3 of 3 RIGHT OF WAY CONTRACT-STATE HIGHWAY(Cont.) Parcel No.22516&.22659 9. It is understood and agreed by and between the parties hereto that this Agreement inures to the benefit of,and is binding on,the parties,their respective heirs,personal representatives,successors,and or assignees. In Witness Whereof, the Parties vested have executed this agreement the day and year first above written. c M d x VESTING ' (L CITY OF SAN BERNARDINO m CL BY: EXHIBIT COPY a DATE d 0 ITS: R y- 0 d R U) SAN BERNARDINO ASSOCIATED GOVERNMENTS (SANBAG) e: co } By EXHIBIT COPY It N Raymond W. Wolfe,PhD Executive Director 0 V tY APPROVED AS TO FORM: ' By Craig Farrington w SANBAG Right-of-Way Counsel r- 0 0 m w c m E ca .r w Q No Obligation Other Than Those Set Forth Herein Will Be Recognized Packet Pg.708 6.C.e EXHIBIT "2" RECORDING REQUESTED BY When Recorded Mall To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 484 W.4'STREET,6'FLOOR SAN BERNARDINO,CA 92401-1400 Attention C.Camarillo--MS 650 C C FREE RECORDING: ao d This Instrument is for the benefit of The State of Z California,and Is entitled to be recorded without U fee or tax,(Govt,Code 6103,27383 and Rev.& Tax Code 11922) APN: 0349-174-10 Space above this line for Recorder's Use 0- ' 1= GRANT DEED °Igt`I°t County Route Post Number 0 (INDIVIDUAL) 08 SBd 215 17,30 22516 a. CL a� 0 City of San Bernardino m r 0 a� cn cn GRANT to the STATE OF CALIFORNIA,all that real property in the unincorporated area n County of San Bernardino State of California,described as: Co N N 0 a. C f4 rLn V t SEE EXHIBIT"All w c 0 0 a� c m E U fE w r Q 08-SBd-215-PM 17.30-22516(22516-1) Form RW 6-1(A)(Revised 03/10) Packet Pg. 709 6.C.e Exhibit"'A" c All that certain real property situated in the County of San Bernardino, State of California, described as follows: _ U Lot 5, Block 31, Map of Devore, in the County of San Bernardino, State of California, as shown on a map recorded in Book 17, Pages 79 and 80 of Maps, in the office of the County Recorder °- of said county. a� Except therefrom any and all oil, gas, minerals, and other hydrocarbon substances lying below a o depth of 500 feet, as more particularly set forth and provided in that certain document recorded a. January 11, 1977 in Book 9090, Page 716 of Official Records. CD 0 L Y O Assessor's Parcel Number: 0349-174-10 d a o: cc 00 v N N d 0 Y C f0 L t X W C O O O N d 0: Y QD E U fC Y Y Q 08-SBd-215-PM 17.30-22561 (22561-1) Packet Pg. 710 6.C.e Number 22516-1 Dated this day of 20._, City of San Bernardino By: ccc L Its: EXHIBIT COPY State of California ACKNOWLEDGMENT o County of SS aL a On before me, °' ❑ (here Insert name and title of the officer) L personally appeared 0 a, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within 0 rn instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies),and n: that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, ca 00 executed the instrument, d N I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and m correct. c /Ln V WITNESS my hand and official seal. N Signature (Seal) t X w c 0 0 0 0 o' THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. _ IN WITNESS WHEREOF, 1 have hereunto set my hand U �a this day of ,24_ r Director of Transportation Q By Attorney In Fact Form RW 6-1(A)(Revised 01108) Packet Pg. 711 6.C.f EXHIBIT 109e- RECORDING REQUESTED BY When Recorded Mall To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W.4"STREET,a FLOOR SAN BERNARDINO,CA 92401-1400 C MS 650 Attention C.Camarillo— L c� m FREE RECORDING: _ This Instrument is for the benefit of The State of 2 California,and is entitled to be recorded without p fee or tax.(Govt.Code 6103,27383 and Rev.& Tax Code 11922) Space above this lino for Recorders Use APN: 0349-173-29 T CL EASEMENT DEED District Count Route Post Number o CL 08 SBd 215 17.38 22659 0 L Y City of San Bernardino 0 Ca e7 rn a 00 F4. GRANT to the State of California a TEMPORARY EASEMENT for construction and incidents thereto 0 upon, over and across that certain real property in the unincorporated area County of San Bernardino State of Californla, described as follows: m co w X w r- 0 :r SEE EXHIBIT "A" 0 r E z U r a 08-SBd-215-PM 17.38-22659 (22659-1) Form RW 6-1(P)(Revised 03110) Packet Pg. 712 6.C.f EXHIBIT"A' An EASEMENT for temporary construction purposes upon, over and across those portions of Lots 14 and 15, Block 26, Map of Devore in the unincorporated area of the c County of San Bernardino, State of California, as shown on the map recorded in Book 17, pages 79 and 80 of Maps,in the Office of the County Recorder of said County,described = as follows: 2 COMMENCING at a 1 inch pipe at the intersection of Old Cajon Boulevard and a Devore Road as shown on Record of Survey, Book 43, page 74, Office of the said County Recorder; thence along the centerline of said Old Cajon Boulevard,North 77°28'21" West, Q 806.76 feet; thence North 12°48'09"East, 20.00 feet to the northerly right of way line o of said Old Cajon Boulevard (40.00 feet wide) as shown on said maps and the POINT a OF BEGINNING; thence along said right of way, North 77°28'21" West, 58.93 feet; o thence North 12 148'09" East, 28.96 feet; thence South 77°11'51" East, 58.93 feet; d thence South 12 148'09"West, 28.68 feet to the POINT OF BEGINNING. 0 m N Containing 1,698 square feet,more or less. o: 00 The bearings and distances used in the above description are based on the N California Coordinate System of 1983, Zone 5. Divide distances shown by 0.9998700 to obtain ground level distances. 0 C a� E O All rights acquired herein shall terminate on April 1, 2017 or upon filing Notice of Completion. w M :E k W C O 3 This real property description has been prepared by nie,or under my direction,in conformance 0 with the Professional Land Surveyors Act. 0 tY Signature: Professional Land Surveyor _ rb��� � LEN/p s Dale: (� 2 i~. �.[ G Q °� No.8851 70 EXP. 12.31.19 OF CALt��� 08-SBd-215-PM 17.38-22659 (22659-1) Packet Pg. 713 6.C.f Number 22659-1 Dated this day of 20 City of San Bernardino By: c L Its: EXHIBIT COPY- _ U_ 3 n. State of California } ACKNOWLEDGMENT ' SS County of ) o a On before me, a (here Insert name and title of the officer) y 0 personally appeared L a> who proved to me on the basis of CU satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to 0 me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on N the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. a- 00 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and m correct. 0 c a) WITNESS my hand and official seal. E a� N tQ W Signature (Seal) in THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation w (pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. ° IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 ° Director of Transportation D: r c B Attorney in Fact E E v c� Q Form RW 6-1(P)(Revised 01/08) Packet Pg. 714