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Home My WebLink About28- Public Works ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Authorization to Proceed - Sale of a Stacey R. Aldstadt, General Manager, portion of City Water Department property (Water Department) generally located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution Dept: Public Works/Water Dept. declaring property surplus, establishing fair market value and setting a public hearing. Date: January 20, 2011 File: 15.05-274 MCC Date: January 24, 2011 Synopsis of Previous Council Action: 10-18-2010 - Motion approved to continue this matter to November 15, 2010. 11-15-2010 - Motion approved to continue this matter to December 6, 2010. 12-06-2010 - Motion approved to continue this matter to January 24, 2011. 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. Nadeem/Maj aj Concur: v Sta ey R. Aldstadt Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Maps, Memo, Reso Ward(s): 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A e7e, Finance: Council Notes: o a2 o /—/� #,2-& /l-/S-- /D� Agenda Item No. CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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 is willing to execute the Sales and Purchase Agreement. Several neighborhood residents came forward at the previous Council meetings objecting that the 2 appraisal prepared by Inland Empire Consultants, Inc. was too low. To address the concerns raised by residents, the Department referred the appraisal to Jim Smothers, a certified general appraiser of Smothers Appraisal, to conduct a desk review (copy attached). Mr. Smothers concluded that the appraisal was adequately researched, analyzed and reported. 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 February 22, 2011, 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 - Appraisal Desk Review - Resolution 3 LOCATION OF - PROPOSED SALE OF CITY OWNED PROPERTY w Q ¢� c Qom. p �5 18 G 15 �e od �aaii 40th St. 330 B/ x L Marshall Bbd. 10 259 Highland Ave. i � a 6i E Base Line St. w n 3 9th St y 5th St. 0 Rialto Ave. - Mill St. o U 210 a Orange Show Rd. ° ` U VICINITY MAP `W NTS CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PROPOSED SALE OF CITY OWNED PROPERTY(WATER REAL PROPERTY SECTION DEPARTMENT USE) GENERALLY LOCATED StaMemo NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD, IN THE CITY OF SAN Indicates un-incorporated areas within City's BERNARDINO. ® Sphere of Influence Created by: Ryan Sandoval Date: 09/15/2010 I 1 po ; gJDd. y.. ao,0 c� ° .. a� , Jnd / , o o c m m° Z' Dd '' {0 3r 1 uId 69• / v o '• 10 f Jr < Z JDd/ 7r tl 9 y C� m O N c m QIS DS it( 011 a O[ q to f� ! m�[ ED C N Dd M'JOdJ' tS r ! f JDd H o 0 so JC / r Q m to c x^ o aO r�� ar 7Y S '•r `U r�r 47 c.3tn~� 3r it °` A „ - y 'JDd Q^ JD w• 7, Jr rC 9Z C Dt { dj Jr YOSe, tl •I'r/ y JDd ..L) ,�; 3r tAt -" �p r •JDd U > y .JDd o Yf ^ ` r ° 3Y 9f S "I K i l JDd„ h� :si J, f t�"3r 90 01 to •rr f, /j% /�\ a °> .r SC �d S9, / '9 JDd ' �, P °r 9 3r 91S e Z JDd Z JDd „' { -JDd f/J Jy91 t,od Cf R7Y it (21 •>` Z JDd, // ti'. 99 r-��•/, /�1�� / 7 II Jed. 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' W w m a- �.. �,�' ..... o w C) �,..•= O 4 O w o .. :...........o.Z... :.. =W \ • Lij c o nc „�....' o o a co 3 �• O ..• W X i. _LO 4-- i r.. :., o s O Ln ..1 5 1 x ui Ln iL o Z • z CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT BOARD OF WATER COMMISSIONERS STAFF REPORT TO: Board of Water Commissioners FROM: Stacey R.Aldstadt,General Manager SUBJECT: SURPLUS PROPERTY LOCATED NORTHEASTERLY OF MEYERS ROAD AND WEST OF MARTIN RANCH ROAD (APN 0348-101-76) DATE: December 13, 2010 $ACSGROUND: On May 4,2010,the Board declared 5.1 acres of Water Department property,located northeasterly of Meyers Road,and being a portion of APN 0348-101-76,as surplus. This property was acquired in 1983 by Grant Deed from Frank and Barbara Tostado as a potential reservoir site. Staff recommended declaring the property as surplus because the site is no longer required. Montecito Equities,LLC,is planning a proposed residential development,Spring Trails—Tract Map No. 15576, easterly of this property,and approached the Water Department to purchase the property. An appraisal by Inland Empire Consultants, Inc.,on behalf of Montecito Equities, indicated the estimated market value to be $22,000. The matter was brought before the City Council,but has been continued for two reasons: (1) the appraisal was questioned;and, (2) the purchase and sale agreement needs to be amended to reflect that escrow will not close until after the environmental impact report has been certified by the City. Several neighborhood residents complained to staff and to council members that the appraisal prepared for the sale was too low. The appraiser, Inland Empire Consultants, Inc.,had been chosen by the developer. In order to address the concerns raised by residents,the Water Department i referred the appraisal to Jim Smothers, an appraiser that the Department has used on many different occasions. (Incidentally,the Department and other City agencies have used Inland Empire Consultants,Inc.as well.) Mr.Smothers conducted a desk review of the appraisal and concluded that the appraisal was adequately researched,analyzed and reported. The Spring Trails development was undergoing an environmental impact report as the sale was coming forward to the Council. In an abundance of caution,the developer advises that the purchase and sale agreement needs to be amended to provide that escrow will not close until conclusion of the environmental review process. Agenda Item SURPLUS PROPERTY LOCATED NORTHEASTERLY OF MEYERS ROAD AND WEST OF MARLIN RANCH ROAD(APN 0348-101-76) 12/13/2010 Page 2of2 RECOMMENDATION: Staff recommends that the Board of Water Commissioners make the following motion: Approve the modification of the purchase and sale agreement to reflect that escrow will not close until the environmental review process is complete for the Spring Trails Project;and Receive and file the desk report prepared by Jim Smothers. Respectfully submitted, Stacey dstadt General Manager SA:als Attachment i Agenda Item t, SUMMARY APPRAISAL REPORT OF VACANTLAND 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. 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 Summary 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 Summary 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. CORPORATE OFFICE 545 W.Sixth Street•Ontario,California 91762•(909)988-3200•FAX:(909)984-4226 REGIONAL OFFICE 76-686 Daffodil Drive•Palm Desert,California 92211•(760)345-6885 I " Mr. Wilkinson March 10, 2010 � T Page 2 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 t 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 t . Respectfully Submitted, INLAND F.MIIIRF CON LILTANTti, INC. Phillip Gotttried, [Al Principal CA #A0007332 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. �u - 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 Uttfrie ,MAI ? �" Principal Date CA #AG007332 3 � 23 - � `' Clark N. Gamble Date Principal CA #AG007305 i 1 DESK REVIEW VACANT LAND NORTH OF MEYERS ROAD,WEST OF MARTIN RANCH ROAD SAN BERNARDINO,CALIFORNIA. ' ASSESSOR PARCEL NUMBER: 0348-101-76 FILE No.: 10019 PREPARED FOR: ' SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STACEY R.ALDSTADT ' 444 WEST RIALTO AvENUE SAN BERNARDINO,CA 92402 PREPARED BY: ' SMOTHERS APPRAISAL 1881 COMMERCENTER EAST, SUITE 206 SAN BERNARDINO,CA 92408 ' PHONE: (909) 890-9626 FAx: (909)890-9605 DATE OF REPORT: DECEMBER 6,2010 1 I ' SMOTHERS APPRAISAL James Smothers,MAI,ASA,SRA,SRIWA 1881 Commercenter East,Suite 206 ' Appraiser-Consultant-Commercial—Residential San Bernardino,CA 92408 Phone:(909)890-9626 Fax:(909)890-9605 American Society of Appraisers Accredited Senior Appraiser-Real Appraisal Institute Property/Urban/CommereinVlndustrial SRA,Senior Residential Appraiser International Right of Way Association, General Real Estate Appraiser Senior Member—Real Property/lImidential MAL Member of Appraisal Institute SR/WA,Senior Right of Way Agent State Certificate BAG002102 i ' December 6, 2010 ' San Bernardino Municipal Water Department Stacey R. Aldstadt 444 West Rialto Avenue ' San Bernardino, CA 92402 Re: Vacant land,North of Meyers Road, West of Martin Ranch Road San Bernardino, California Assessor Parcel Number: 0348-101-76 File No.: 10019 Dear Ms. Aldstadt: ' Pursuant to your request, we have prepared an Appraisal Review on the above referenced property. The review is according to the definitions of market value as stated in the Appraisal Report,and subject to the assumptions, limiting conditions and certification contained within. i ' The Appraisal Report being reviewed was completed by Inland Empire Consultants, Inc.; Phillip Gottfried and Clark Gamble. The date of appraisal inspection was performed on March 2, 2010 ' and the effective date of value was also on March 2, 2010. The appraisal value of the subject property was estimated at$22,000 and the report date was March 10, 2010. ' SCOPE OF THE REVIEW PROCESS ' This report is intended to be a Desk Review. The scope of this review included reading the report, plus the addenda, looking to be led by the information, logic, and reasoning of the report to the same value conclusion presented therein. Particular attention was given to determine whether or ' not: (1) The proper valuation techniques were applied, (2)These valuation techniques were applied properly,and(3)An acceptable level of market derived support for all projections, adjustments and assumptions was given. i I Research was made into published records for property characteristics, taxes and potential hazardous conditions; research and verification of recent market transactions of comparable ' properties in the area with published data sources; a personal inspection of the exterior of the subject and all comparable properties was not completed. ' Overall, it is our conclusion that the appraisal is adequately researched, analyzed and reported. ' This Letter of Transmittal and Certification precedes the narrative report, further describing the subject and containing the reasoning and pertinent data leading to the estimated value. Your ' attention is directed to the "General Underlying Assumptions and Limiting Conditions" which were considered in this assignment and are at the beginning of the report. This letter is considered an integral part of this report and the report is considered to be incomplete if viewed ' separately from this letter. Respectfully Submitted, ' James Smothers, MAI, ASA, SRA, SR/WA Certified General Appraiser AG002102 t ' CERTIFICATION The undersigned certify that,to the best of their knowledge and belief: • the facts and data reported by the review appraiser and used in the review process are true and ' correct, • the analyses, opinions, and conclusions in this review report are limited only by the assumptions and ' limiting conditions stated in this review report, and are our personal, unbiased professional analyses, opinions,and conclusions, • the undersigned have no present or prospective interest in the property that is the subject of this ' report and have no personal interest with respect to the parties involved, • the undersigned have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment, ' • the reviewer's engagement in this assignment was not contingent upon developing or reporting predetermined results, ' • the reviewer's compensation is not contingent on an action or event resulting from the analyses, opinions,or conclusions in, or the use of, this review. ' • the appraiser's analyses, opinions, and conclusions were developed and this review report was prepared in conformity with the Uniform Standards of Professional Appraisal Practice(USPAP),and the Codes of Professional Ethics and Standards of Professional Appraisal Practice of both the ' Appraisal Institute and the American Society of Appraisers. • the use of this report is subject to the requirements of both the Appraisal Institute and the American Society of Appraisers relating to review by duly authorized representatives, ' 0 John Roman,Certified Residential Appraiser AR037920,has not inspected the subject and comparable properties and has only completed a desk review of the appraisal report. John Roman has performing market research, data analysis and all applicable and necessary methods. All applicable USPAP standards,state laws and OREA regulations were considered. • James Smothers, MAI, ASA, SRA, SR/WA, Certified General Appraiser AG002102, has not ' inspected the subject and comparable properties. James Smothers has only performed a desk review of the appraisal report. As of the date of this report,James Smothers has completed the requirements of the continuing education programs of both the Appraisal Institute and the American Society of ' Appraisers, The undersigned has the appropriate knowledge and experience required to complete this assignment ' competently. Any lack of knowledge or experience is disclosed within this appraisal review and steps taken to comply with the competency provisions in the USPAP are provided. James Smothers,MAI,ASA,SRA, SR/WA ' Certified General Appraiser AGO02102 i 1 RESOLUTION NO. 2 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 NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD TO 5 MONTECITO EQUITIES, LTD. AND SETTING A PUBLIC HEARING FOR 6 FEBRUARY 22, 2011 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 City of San.Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76 and 12 more fully described in Exhibit"A" attached hereto and made a part hereof; and 13 WHEREAS, Montecito Equities, Ltd. has expressed a desire to purchase said Water 14 15 Department owned parcel described herein; and 16 WHEREAS, the Mayor and Common Council of said City believe it is in the best 17 interest of the City that said parcel of real property be disposed of at fair market value; and 18 WHEREAS, Montecito Equities, Ltd. hired Inland Empire Consultants, Inc., a California 19 Certified General Real Estate Appraiser, to prepare an appraisal of the City property described 20 21 herein; and 22 WHEREAS, Inland Empire Consultants, Inc. has prepared and submitted a summary 23 appraisal report determining the fair market value of said Water Department property to be in 24 the amount of TWENTY TWO THOUSAND DOLLARS ($22,000.00); and 25 WHEREAS, the Water Department hired Smothers Appraisal, a Certified General 26 27 Appraiser, to prepare an Appraisal Review of the appraisal prepared by Inland Empire 28 01/20/2011 1 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 FEBRUARY 22, 2011 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 Consultants, Inc., and determined that the appraisal was adequately researched, analyzed and 5 6 reported; and 7 WHEREAS, Water Department staff has accepted the appraisal report of Inland Empire 8 Consultants, Inc. as determination of fair market value of said Water Department property; and 9 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City 10 owned property with a fair market value of less than $25,000 may be sold by negotiated 11 12 purchase, so long as the sales price is not less than the fair market value of said real property. 13 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 15 SECTION 1. The public interest and convenience require the sale of a portion of Water 16 Department owned real property generally located northeasterly of Myers Road, in the City of 17 San Bernardino, more fully described in said Exhibit "A", and same is hereby declared as 18 surplus real property. 19 SECTION 2. It is therefore the intention of the Mayor and Common Council of the 20 21 City of San Bernardino to sell said real property to Montecito Equities, Ltd. 22 SECTION 3. The Mayor and Common Council do hereby find and determine that the 23 Fair Market Value and sales price of said real property is in the amount of TWENTY TWO 24 THOUSAND DOLLARS ($22,000.00); and 25 SECTION 4. The Mayor and Common Council of the City of San Bernardino do 26 27 hereby set a public hearing to be held on February 22, 2011, at the hour of 4:00 p.m. or as soon 28 01/20/2011 2 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 FEBRUARY 22, 2011 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 5 thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North "D" 6 Street, San Bernardino, California, relative to the proposed sale. 7 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 8 County Sun, a newspaper of general circulation, at least once prior to the public hearing and 9 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the 10 hearing. 11 12 SECTION 6. Written and oral protest to such sale may be submitted and shall be 13 received at or prior to the public hearing. Written protests may also be submitted to the City 14 Clerk's Office, City Hall, 300 N. "D" Street, San Bernardino, California, prior to the public 15 hearing. 16 SECTION 7. It is the intent of the Mayor and Common Council to consider and 17 18 approve the sale of said property described herein, at said public hearing. 19 20 21 22 23 24 25 26 27 28 01/2.0/2011 3 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 FEBRUARY 22, 2011 AT 4:00 P.M., TO CONSIDER SAID SALE. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of , 20 , by the following vote, to 8 wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 12 DESJARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of , 20 22 23 24 PATRICK J. MORRIS, Mayor City of San Bernardino 25 Approved as to form: 26 ,.E 27 MES F. PENMAN, City Attorney `�. 28 01/20/2011 4 NNW 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. ZIA 4&=4 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. 4 5 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City 6 owned property with a fair market value of less than $25,000 may be sold by negotiated 7 purchase, so long as the sales price is not less than the fair market value of said real property. 8 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 9 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. The public interest and convenience require the sale of a portion of Water 11 12 Department owned real property generally located northeasterly of Myers Road, in the City of 13 San Bernardino, more fully described in said Exhibit "A", and same is hereby declared as 14 surplus real property. 15 SECTION 2. It is therefore the intention of the Mayor and Common Council of the 16 City of San Bernardino to sell said real property to Montecito Equities, Ltd. 17 18 SECTION 3. The Mayor and Common Council do hereby find and determine that the 19 Fair Market Value and sales price of said real property is in the amount of TWENTY TWO 20 THOUSAND DOLLARS ($22,000.00); and 21 SECTION 4. The Mayor and Common Council of the City of San Bernardino do 22 hereby set a public hearing to be held on December 20, 2010, at the hour of 4:00 p.m. or as soon 23 thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North"D" 24 25 Street, San Bernardino, California, relative to the proposed sale. 26 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 27 County Sun, a newspaper of general circulation, at least once prior to the public hearing and 28 11/04/2010 2 i 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 err+ 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. 4 5 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the 6 hearing. 7 SECTION 6. Written and oral protest to such sale may be submitted and shall be 8 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 11 hearing. 12 SECTION 7. It is the intent of the Mayor and Common Council to consider and 13 approve the sale of said property described herein, at said public hearing. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11/04/2010 3 i 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. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of 120 , by the following vote, to 8 wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 22 The foregoing resolution is hereby approved this day of , 20 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to form: 26 27 JAMES F. PENMAN, City Attorney 28 11/04/2010 4 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. kor CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Authorization to Proceed — Sale of a Stacey R. Aldstadt, General Manager, portion of City Water Department property (Water Department) generally located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution Dept: Public Works/Water Dept. declaring property surplus, establishing fair market value and setting a public hearing. Date: November 16, 2010 File: 15.05-274 MCC Date: December 6, 2010 Synopsis of Previous Council Action: 10-18-2010 - Motion approved to continued this matter to November 15, 2010 11-15-2010 - 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 of APN 0348-101-76. AND 2. Adopt Resolution. i / Robert E senbeisz Concur: V4U-4A4'1 St ey R. Aldstadt Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Maps, Memo, Reso Ward(s): 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: Agenda Item No. ORIGIPIAL P o �� /� -dlo-�4 �� 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. 4 5 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City 6 owned property with a fair market value of less than $25,000 may be sold by negotiated 7 purchase,so long as the sales price is not less than the fair market value of said real property. 8 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 9 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 SECTION 1. The public interest and convenience require the sale of a portion of Water 11 12 Department owned real property generally located northeasterly of Myers Road, in the City of 13 San Bernardino, more fully described in said Exhibit "A", and same is hereby declared as 14 surplus real property. 15 SECTION 2. It is therefore the intention of the Mayor and Common Council of the 16 City of San Bernardino to sell said real property to Montecito Equities, Ltd. 17 SECTION 3. The Mayor and Common Council do hereby find and determine that the 18 19 Fair Market Value and sales price of said real property is in the amount of TWENTY TWO 20 THOUSAND DOLLARS ($22,000.00); and 21 SECTION 4. The Mayor and Common Council of the City of San Bernardino do 22 hereby set a public hearing to be held on December 20, 2010, at the hour of 4:00 p.m. or as soon 23 thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North"D" 24 25 Street, San Bernardino, California,relative to the proposed sale. 26 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 27 County Sun, a newspaper of general circulation, at least once prior to the public hearing and 28 ll'o l zolo 2 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. 4 5 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the 6 hearing. 7 SECTION 6. Written and oral protest to such sale may be submitted and shall be 8 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 11 hearing. 12 SECTION 7. It is the intent of the Mayor and Common Council to consider and 13 approve the sale of said property described herein, at said public hearing. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11/04/2010 3 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. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 held on the day of , 20 , by the following vote, to 8 wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 22 The foregoing resolution is hereby approved this day of , 20 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino Approved as to form: 26 27 JAMES F. PENMAN, City Attorney 28 11/04/2010 4 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. ..n..rnrrrrrr.nn mnilNWiilnMY _ _._- ` A i 26. Continued. Approved MOTION: That the matter be continued to December 6, 2010. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CONTINUED FROM NOVEMBER 1, 201 P 27. Resolution of the Mayor and Comm f City of San Bernardino authorizing the City Manager -eement for Professional Transportation Modeling Servic hat. (No Cost to City - $50,000 to be reimbursed by A, s) (Backup distributed on October 18, 2010, Item No. ) November 1, 2010, Item No. 30.) (Resolution not avai. �11 g.) All Wards 27. Continued. Approved MOTION: That the matter be continu „>tnber 6, 2010. XXXXXXXXXXXXXXXXXXXXXXXXXXXX. _,.XXXXXXXXXXXXXXXXXXXX END OF CONTINUED ITEMS STAFF REPORTS Council Office 28. That the Mayor, City Manager and EDA Director (Interim or otherwise) are required to inform all Council Members of any projects or issues involving the Council Member's ward at the inception of said idea, project or issue. (See Attached) All Wards Approved MOTION: That the Mayor, Council Members, City Manager and EDA Director (interim or otherwise) are required to inform a Council member of any projects or issues involving said Council member's ward sufficiently in advance of any committee or public discussion of such a matter, so the Council members and the Mayor may provide their individual input and solicit community input prior to any staff time or resources being expended. 14 11/15/2010 PUBLIC HEARINGS XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX TO BE HEARD AT 4:00 P.M. CONTINUED FROM NOVEMBER 1, 2010 Community Development 25. Public Hearing - An ordinance establishing the Emergency Shelter Overlay District and designating applicable areas (Development Code Amendment No. 10-06) (See New Request for Council Action Attached) (No Cost to the City) (Backup materials distributed on September 20, 2010, Item No. 28; item continued to October 4, 2010, Item No. 24; item continued to November 1, 2010, Item No. 27.) Wards 1, 2, 3, 6 & 7 An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FIRST READING The hearing remains open... Approved MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption, with elimination of D5 and replacing it with D6 in the City's Emergency Shelter Overlay District. Vote: Unanimous. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX END OF PUBLIC HEARINGS CONTINUED ITEMS XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX CONTINUED FROM OCTOBER 18, 2010 Public Works 26. 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 Bernardino Municipal Water Department owned property generally located northeasterly of Meyers 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. (No Cost to the City) (Backup distributed on October 18, 2010, Item No. 19.) Ward 5 (Item Continued on Next Page) 13 11/15/2010 18. Reject all bids for Sewer Improvements and Pavement Rehabilitation for Rialto Avenue from Lena Road to Tippecanoe Avenue (SW08-05), per Project Plan No. 12283. (See Attached) (No Cost to the City) Ward 1 Approved MOTION: That all bids be rejected for Sewer Improvements and Pavement Rehabilitation for Rialto Avenue from Lena Road to Tippecanoe Avenue (SW08-05), per Project Plan No. 12283. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 19. 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 Bernardino Municipal Water Department owned property generally located northeasterly of Meyers Road and west of Martin Ranch Road to Montecito Equities, LTD. and consider said sale. (See Attached) o he City- 5 No Action Taken MOTION: That the City Iceed with the sale of r�u City Water DE 'ocated northeasterly of Myers RoaQ Road, and being a portion of APN k )lution be adopted. Approved MOTION: That the matter be ,,.Iunued to November 15, 2010. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 20. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with Joseph E. Bonadiman & Associates, Inc., Parsons Brinkerhoff and Guida Surveying, Inc. for on-call surveying and map checking support. (Cost to the City - $130,000 from CIP Accounts & Plan Check Fees) (See Attached) (Resolution not available at time of printing.) All Wards Approved MOTION: That said resolution be adopted. Adopted 2010-347 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to Nelson Paving and Grading Corporation in order to include asphalt paving and repair services at Medical Center Dr. from 9th St. to 16th St. (Cost to the City - $100,000 from CIP Budget Project SS11-003) (See Attached) (Resolution not available at time of printing.) Ward 6 (Item Continued on Next Page) 9 10/18/2010 u CITY OF SAN BERNARDINO 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. A I 4—:>el Robert 7Eisenbeisz Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report, Maps, Memo, Reso Ward(s): 5 FU? Amount: None �RIG1�A� Source: (Acct. No.)N/A `C) f , I Acct. Description: N/A Finance: Cow Agenda Item No. 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. Backiround: 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 LOCATION OF PROPOSED SALE OF CITY OWNED w PROPERTY 4z qj w Qµ� ,s 18 �Q Ga 15 c o �e�aaii p, 40th St. 330 ins Marshall Blvd. a� cn� 210 Highland Ave. 259 >T > > Q C tU Base Line St. i `-u n 9th St ai 5th St. Q 0 E Rialto Ave. Q ai 15 Mill St. o Q> U 0 0 210 N d Orange Show Rd. ° F= -13 6 VICINITY MAP NTS J � CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PROPOSED SALE OF CITY OWNED PROPERTY (WATER REAL PROPERTY SECTION DEPARTMENT USE) GENERALLY LOCATED Sin Ben ioe NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD, IN THE CITY OF SAN Indicates un-incorporated areas within City's BERNARDINO. ® Sphere of Influence Created by: Ryan Sandoval Date: 09/15/2010 P m - 0 0 N c o c c-c s o CD 0 - 4"SCUP7A6! 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O" ' ' co w o 4.f :' � J �oC�LL (D(L } h ,. ., 1 o Q 1:. \.a... ® u a Ln uj a Ln `.. W U) W a. ® z M w � c� p � CITY OF SAN BERNARDIN� APR 27 ' MUNICIPAL WATER DEPART ENT BOARD OF WATER COMMISSIONERS �E"�Er S'T'AFF REPORT TO: Stacey R. Aldstadt,General Manager FROM: Matthew H. Litchfield SUBJECT: DECLARATION OF SURPLUS PROPERTY — 5.10 ACRES OF WATER DEPARTMENT PROPERTY LOCATED NORTH OF MEYERS ROAD AND WEST OF MARTIN RANCH ROAD—TOSTADO PARCEL DATE: April 22,2010 COPIES: Greg Gage(w/o attach),Sydney Morrison (w/o attach),Sally Duran (w/attach) BACKGROUND: The San Bernardino Municipal Water Department (Department) is requesting Board of Water Commissioners (Board) declaration of surplus property for the Tostado Parcel site (APN 0348-101-76-0000)located north of Meyers Road and west of Martin Ranch Road in the Verdemont Area. The surplus portion of land consists of approximately 222,160 square feet (5.10 acres) of mildly sloping land. The land is currently not maintained by Department staff due to its remote location. This particular parcel was originally acquired as a future reservoir site for the future 2300 pressure zone. Staff and a consultant completed the Master Plan in 2007 and concluded that this parcel is not necessary for a future reservoir. An alternative sitc 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 no longer needed by the City or Department for its intended use. • A property appraisal was conducted by Inland Empire Consultants, Inc. for the potential buyer, Montecito Equities,LLC. The report concludes that the estimated market value of the property as of March 2, 2010 is $22,000.00 based on six (6) comparable sales in the general area 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. The parcel will have a deed restriction for roads, public utilities, and slope areas to be dedicated to the City of San Bernardino as part of Tract Map No. 15576 recordation ("Spring Trails," formerly known as"Martin Ranch'). Agenda Item Boom t Stacey R.Aldstadt,General Manager Page 2 April 22,2010 SUBJECT: DECLARATION OF SURPLUS PROPERTY — 5.14 ACRES OF WATER DEPARTMENT PROPERTY LOCATED NORTH OF MEYERS ROAD AND WEST OF MARTIN RANCH ROAD—TOSTADO PARCEL * The deed restriction will allow for a more unrestricted use of the surrounding property as well as secondary access for the Spring Trails project. Since the appraised value 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 negotiated purchase. RECOMMENDATION: It is recommended that the Board of Water Commissioners consider the following motion for approval: Declare 5.10 acres of property located north of Meyers Road and west of Martin Ranch Road (0348-101-76-0000) as surplus; recommend to the Mayor and Common Council that the property be declared surplus; and, fixing the sales price at $22,000.00; and, approving a sale's agreement between City/Montecito Equities, LLC and authorize staff to submit the necessary information to the Mayor and Common Council to declare the property surplus and sell the property to Montecito Equities, LLC per Section 2.65.030 of the San Bernardino Municipal Code in the amount of$22,000.00. Respectfully submitted, Matthew h. Li chfteld, P.E. Director, Water Utility MHL:swd Attach. WAWllAdminutration\Board MemoATostado Parcel Nciaration Surplus Norxmy Bd Mcnw 4-10.10.doe t: 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. 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 Sunirnarly 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 Surriiitary 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. CORPORATE OFFICE.' S45 W.Sixth Street•Ontario.California 91762•(909)988-3200•FAX: (909)984-4226 REGIONAL OFFICE 76-686 Daffodil Drive•Palm Desert,California 9-1211 •(760)3.15-6885 Mr. Wilkinson March 10, 2010 Page 2 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. J 4� Phillip Gottfried, MAI Principal CA #A0007332 Clark N. Gamble Principal CA #AG007305 I i I 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. 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 ""4i" Z" " Principal Date CA #AG007332 Clark N. Gamble Principal Date CA #AG007305 i 0 r i i s r i COPY 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 Equities 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 Escrow 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). -1- Water District Purchase Agreement(0348-101-76)002 11681-012-51 1899.1 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/100 Dollars ($22,000.00) ("Purchase Price"), payable as follows: (a) De sit. 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- Water District Purchase Agreement(0348-101-7(,)002 M681-012--511899 1 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) Cam. 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 (c) City's share of any costs and expenses to be paid to or through Escrow. (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 Propert y 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 P=ha Agrmmem(0348-101-76)002 4168 1-012--511899 1 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 ALL 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 terms; (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- Water District Purchase Atyeernent(0346-101-76)002 1,1681-012--i 1 1899 1 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: To Montecito: City of San Bernardino Montecito Equities, Ltd. Attn: Matthew H. Litchfield, P.E. Attn: Tom Wilkinson 300 North D Street, 5`h Floor 3080 Bristol Street, Suite 630 San Bernardino, CA 92418 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 Interpretation/Forum/Venue. 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 Purchase Agreement(0348.101.76)002 '11681-012--511899 1 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" "CITY" MONTECITO EQUITIES, LTD., a CITY OF SAN BERNARDINO, a California limited partnership Municipal corporation By — — By: Y Thomas Wilkinson Its: Cn Its: General Partner Date: Date: 0 A Approved To Form: James F. Penman, City Attorney -6- Water District Purchase Agreement(0348-101-76)002 M681-012--511899A 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- M681-0 1 1 1899.1 E EXHIBIT "A-I" DEPICTION OF PROPERTY EXHIBIT"A" M681-012--511899 1 Do� o � IL y L-N O a CL O ^ wii O O N� C O d0- O7 a m N o T- N w m m � V W W r6 U y O U 0 =° ` J ,a / cncy LL Q Q N E m a E d d Edo xn 0,N L cF- 3 W n o N pp room� m N � E -§ Q O j Q 9! y J O Lo c ,. M r r O m µ ` Z m N O w U .. CL- ' e, IL '�...( 'c ♦ '> �•y `V 4 \ LO \ a � 4 *a O ` a O r kid W £ Q tE, � e y d' (d *'z OO a) r x ; '* f Cn I Mil i S o.oc. cx 6 E �a o L _ V O U cm CO N am a° c O r d Y n m o N e•- .O �� a a� y o � OC�O n 0 -p a Q f� m m oa c o °n`oad Y O Y O �cL M cC mZ m zC: No W E, O N c a,E 0 00 CD M a) .a _J 00 Q) O c _ a.+ U 0) Q) d Q) c o c N ° a"im a C a CD Win- �`0 x ^a O a)L O::[2 y .0 Ell E-o c i=-E 3: a 5 m c moOzm J E cu F}$Qa CD p N LO Z m U M Q Cn CY) c w Z m Q . :. U C/) O c O x, Q) 0_ a) U ~ coE o y.F N Zo (0- �s O CO m a LO � In 0 J O � O P W �I Q �� x s 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 82 009'53"WEST A DISTANCE OF 179.13 FEET; THENCE SOUTH 33 007'56" 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°1500" WEST, A DISTANCE OF 540.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 15; THENCE NORTH 62 056'38"WEST, A DISTANCE OF 91.19 FEET; THENCE NORTH 24 023'29" EAST, A DISTANCE OF 144.48 FEET; THENCE NORTH 31007'03" EAST A DISTANCE OF 309.63 FEET; THENCE NORTH 58 013'05" 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" M"1-012-511699., + EXHIBIT "B-1" DEPICTION OF RESTRICTED AREA Lo car T,I n M. r1l) ;L- > s ' > , zzzzzzzzzj Gd s t-4MwcoNO j [ x,roa co—Wsar O t i W p 0 mw h5--a—• 6 t3'4 4:.1 C.;,� �. C'?r-, ,q-G� D <`c rr fdJ t,n t,G3 W--4 Ch'°'=�C.G C*? °"; ' co t.4 i s m €/I 01 c) rn rn; e-,I m* m sTa t .(n c.,,r rt a ! tT1 bi j w3 to Cz> 0 w Un-.d w j z t i CJ arJ y t C5ttt 0 cpC4 tT1C3i+IftOh bj \ S a + ssCSNLna N F iC 7dimo CoC _ vria ww 0 t i In .. ,b n w(A' 7 7 % t1 .4 W p v M> ` Q6 -tt 11 wo 11 rl co LA xm 4 ; y ern MO COMM Y ox ( £C - t REGI XX 1 L4 t ou n cx) ' Ln r SLOP EXHIBIT"B-I" M681-012-51189? 1 RESOLUTION NO. ' 2 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 City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76 and 12 more fully described in Exhibit"A" attached hereto and made a part hereof, and 13 14 WHEREAS, Montecito Equities, Ltd. has expressed a desire to purchase said Water 15 Department owned parcel described herein; and 16 WHEREAS, the Mayor and Common Council of said City believe it is in the best 17 interest of the City that said parcel of real property be disposed of at fair market value; and 18 16 WHEREAS, Montecito Equities, Ltd. hired Inland Er ORIGINAL fornia � 20 Certified General Real Estate Appraiser, to prepare an apps t cribed 21 herein; and _ l 22 WHEREAS, Inland Empire Consultants, Inc. has preparcu mmary 23 appraisal report determining the fair market value of said Water Department property to be in 24 the amount of TWENTY TWO THOUSAND DOLLARS ($22,000.00); and 25 WHEREAS, Water Department staff has accepted the appraisal report of Inland Empire 26 27 Consultants, Inc. as determination of fair market value of said Water Department property; and 28 09/16/2010 1 1 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 3 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 4 ONSIDER SAID SALE. 5 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the 6 hearing. 7 8 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 11 hearing. 12 SECTION 7. It is the intent of the Mayor and Common Council to consider and 13 14 approve the sale of said property described herein, at said public hearing. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 09/16/2010 3 . 1 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 BERNARDINO MUNICIPAL WATER DEPARTMENT OWNED PROPERTY GENERALLY LOCATED NORTHEASTERLY 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 4 ONSIDER SAID SALE. 5 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City 6 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 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 11 SECTION 1. The public interest and convenience require the sale of a portion of Water 12 Department owned real property generally located northeasterly of Myers Road, in the City of 13 San'Bernardino, more fully described in said Exhibit "A", and same is hereby declared as 14 surplus real property. 15 SECTION 2. It is therefore the intention of the Mayor and Common Council of the 16 17 City of San Bernardino to sell said real property to Montecito Equities, Ltd. 18 SECTION 3. The Mayor and Common Council do hereby find and determine that the 19 Fair Market Value and sales price of said real property is in the amount of TWENTY TWO 20 THOUSAND DOLLARS ($22,000.00); and 21 SECTION 4. The Mayor and Common Council of the City of San Bernardino do 22 23 hereby set a public hearing to be held on November 15, 2010, at the hour of 4:00 p.m. or as soon 24 thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North"D" 25 Street, San Bernardino, California, relative to the proposed sale. 26 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 27 County Sun, a newspaper of general circulation, at least once prior to the public hearing and 28 09/16/2010 2 1 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 3 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 4 ONSIDER SAID SALE. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 8 held on the day of , 20 , by the following vote, to 9 wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 15 SHORETT 16 KELLEY 17 JOHNSON 13 MCCAMMACK 19 20 21 City Clerk 22 The foregoing resolution is hereby approved this day of , 20 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino 26 Ap roved as to form: 27 ES F. PENMAN, City Attorney 28 09/16/2010 4 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. EXHIBIT "A" CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Authorization to Proceed — Sale of a Stacey R. Aldstadt, General Manager, portion of City Water Department property (Water Department) generally located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution Dept: Public Works/Water Dept. declaring property surplus, establishing fair market value and setting a public hearing. Date: November 16, 2010 File: 15.05-274 MCC Date: December 6, 2010 Synopsis of Previous Council Action: 10-18-2010 - Motion approved to continued this matter to November 15, 2010 11-15-2010 - 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 of APN 0348-101-76. AND 2. Adopt Resolution. Robert E senbeisz Concur: V4�,d&�� St ey R. Aldstadt Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Maps,Memo, Reso Ward(s): 5 FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: 12-16LIO' *17 (W Agenda Item No. �� CIT)( OF SAN BERNARDINO 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 I Ranch Road, and Resolution declaring property fi 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. 3 AND 2. Adopt Resolution. Robert isenbeisz Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report,Maps, Memo,Reso Ward(s): 5 j FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.)N/A Acct. Description: N/A Finance: Council Notes: /0 ! L' Agenda Item No. l j� CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: 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 _ " LOCATION OF PROPOSED SALE OF CITY OWNED m PROPERTY w F Q LLA Qom. �s 18 Ga�Q 15 ( e�dap p, 40th St. 330 d Marshall Blvd. 210 zss Highland Ave. T > >l0 > C _ N C Base Line St. i 11' 9th St ai 5th St. 0 c Rialto Ave. Qi 15 > Mill St. o U c � 210 a Orange how Rd. °- .m lV' VICINITY MAP NTS J .;� CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT PROPOSED SALE. OF CITY OWNED PROPERTY(WATER REAL PROPERTY SECTION DEPARTMENT USE) GENERALLY LOCATED " NORTHEASTERLY OF MYERS ROAD AND WEST OF MARTIN RANCH ROAD, IN THE CITY OF SAN Indicates un-incorporated areas within City's BERNARDINO. ® Sphere of Influence Created by: Ryan Sandoval Date: 09/15/2010 N P o_ i N O O N Z Z Z Z Z Z - m Vn O CD c � m o w oo �,0 uOSfUPlggf O I Pp�`N oy N eke.08 Par. 4 7z 36.54 AC. ° o' ti 0 8 75 7 O 31e 15.5 AC. i�p U 1e Par. 3 Bss0 62 rs 4.5 AC. 49 N O 16 ° J X7.85 AC. 6t oB w O Q ` 38 10.75 AC.°gl 5 D 20.83 AC. 1u5 iO Par. 2 ` n u ° Par. 1 O S 4c , e7e. . °,, 41 ,m O O 700 � 13 AC. IS •J JIJ,�iJJ6o N a C o C. CORNER CD O 21 tO1 15 -� 36.99 AC. I6 -• 0 24 0 q J 2.6 AC. o° 5.1 AC. O Q- CD °< Par. 4 71 25.36 AC. 6 3 J•�D, 2.6 AC. 09 D 71.59 5 AC. a Par. 1 pFor. 2 2 Co 3.29 AC. 3J 15 Par. 2 �• 4O J04B '°Y� 5.98 AC. 6.5 AC. 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N z w � Lj ' f CITY OF SAN BERNARDINI APR 27 MUNICIPAL WATER DEPART ENT BOARD OF WATER COMMISSIONERS rT`�E :�"•�': DER Yj STAFF REPORT TO: Stacey R.Aldstadt, General Manager FROM: Matthew H.Litchfield SUBJECT: DECLARATION OF SURPLUS PROPERTY — 5.10 ACRES OF WATER DEPARTMENT PROPERTY LOCATED NORTH OF MEYERS ROAD AND WEST OF MARTIN RANCH ROAD—TOSTADO PARCEL DATE: April 22,2010 COPIES: Greg Gage(w/o attach),Sydney Morrison (w/o attach),Sally Duran (w/attach) BACKGROUND: The San Bernardino Municipal Water Department (Department) is requesting Board of Water Commissioners (Board) declaration of surplus property for the Tostado Parcel site (APN 0348-101-76-0000) located north of Meyers Road and west of Martin Ranch Road in the Vetdemont Area. The surplus portion of land consists of approximately 222,160 square feet (5.10 acres) of mildly sloping land. The land is currently not maintained by Department staff due to its remote location. This particular parcel was originally acquired as a future reservoir site for the future 2300 pressure zone. Staff and a consultant completed 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 no longer needed by the City or Department for its intended use. a A property appraisal was conducted by Inland Empire Consultants, Inc. for the potential buyer, Montecito Equities,LLC. The report concludes that the estimated market value of the property as of March 2, 2010 is $22,000.00 based on six (6) comparable sales in the general area 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. * 'Fhe parcel will have a deed restriction for roads, public utilities, and slope areas to be dedicated to the City of San Bernardino as part of Tract Map No. 15576 recordation ("Spring Trails," formerly known as "Martin Ranch'. Agenda Item • M Stacey R.Aldstadt,General Manager Page 2 April 22,2010 SUBJECT: DECLARATION OF SURPLUS PROPERTY — 5.10 ACRES OF WATER DEPARTMENT PROPERTY LOCATED NORTH OF MEYERS ROAD AND WEST OF MARTIN RANCH ROAD—TOSTADO PARCEL The deed restriction will allow for a more unrestricted use of the surrounding property as well as secondary access for the Spring Trails project. Since the appraised value 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 negotiated purchase. RECOMMENDATION: It is recommended that the Board of Water Commissioners consider the following motion for approval: 9 Declare 5.10 acres of property located north of Meyers Road and west of Martins Ranch Road (0348-101-76-0000) as surplus; recommend to the Mayor and Common Council that the property be declared surplus; and, fixing the sales price at $22,000.00; and, approving a sales agreement between City/Montecito Equities, LLC and authorize staff to submit the necessary information to the Mayor and Common Council to declare the property surplus and sell the property to Montecito Equities, LLC per Section 2.65.030 of the San Bernardino Municipal Code in the amount of$22,000.00. Respectfully submitted, Matthew h. Li chfield,P.E. Director,Water Utility MHL:swd Attach. W.\WUAdministration\Awrd Merrwe\Tovm&Parcel Declaration Surplus Property Ad Memo 4-10•10.doe Py 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. 3 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 Sumitianj 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 Suinrtiany 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. CORPORATE OFFICE.' 545 W.Sixth Street•Ontario.California 91762•(909)988-3200•FAX: (909)9 84-42_16 REGIONAL OFFICE 76-686 Daffodil Drive•Palm Desert,California 9221 1 •(760)345-6885 f AWA Mr. Wilkinson March 10, 2010 Page 2 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 10 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. :an 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 �" '^ L7 Z'" `' Principal Date CA #AG007332 3 - z3 - Clark N. Gamble Principal Date CA #AG007305 i 4 COPY 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 Equities 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 Escrow 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). -1- Water District Purchase Agreement(0348-I0I-76)002 s p 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/100 Dollars ($22,000.00) ("Purchase Price"), payable as follows: (a) De sit. 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- Water District Purchase Agreemem(034&101-76)002 111,81-012--5 1 1899 1 B I 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) Cam. 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 (c) City's share of any costs and expenses to be paid to or through Escrow. (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 61ti81-012--51 18IN 1 3 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 ALL 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 terms; (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- Water District Purchase Agreement(0348-101-76)002 X1681-012--i 1 1899 1 e s 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: To Montecito: City of San Bernardino Montecito Equities, Ltd. Attn: Matthew H. Litchfield, P.E. Attn: Tom Wilkinson 300 North D Street, 5 t Floor 3080 Bristol Street, Suite 630 San Bernardino, CA 92418 Costa Mesa, CA 92626 v 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 Interpretation/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. Now- -5- Water District Purchase Agreement(0348-101-76)002 Sib&1.0 1 2--51 1849 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" "CITY" MONTECITO EQUITIES, LTD.,a CITY OF SAN BERNARDINO, a California limited partnership Municipal corporation Cn 01 By. By: Thomas Wilkinson Its: Its: General Partner p & A Date: ` Date: Approved To Form: James F. Penman, City Attorney -6- Water District Purchase Agreement(0348-101-76)002 X1681-b 12--51 1 894.1 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. i t EXHIBIT"A" ! M681-o t'--511899.1 1 EXHIBIT "A-1" DEPICTION OF PROPERTY 'Now) 0 EXHIBIT "A" M681.012--5I 1899 I o _ d o 2 A LL a E L c _ a'a)y a L a o m c.n m � c�mo -0 a N a c.c m fl. �0E � Y N D N T� pj °E @E O T N + N w cCa m J J m m V W W D �� N O U (� o = ° TT c ca c N T= O N T d d E o a E _ a) c E) # ! Ea cF= 3 a 75 m c J t m 0 'D N c c m �rsd� v LC7 !'eM�tCS F>M a-C/) 14- t._ .� fi•,�: n c6 co t tj— el N t jr�f i s ♦ a o "*r C y O C CO _O CL 00 v b o CD Hco- i • o a� ° m d m LL ow E c — o y d O c U CO '1 N ° cam m j oocv V1 m 0 m CO T m W M Z C) 6 y o 00 to M N w m a,9 w -� J 00 N O) C m O L U= L11 y�'... V O) Cl) N ocoz2 0 p a O c -cc 0. CL Q O o aE a _ mL m G L E-o i= 3 E y o ' _= ° E }°o Q o `O O Lo C Z m Q� p m U Z C (D O d L) M o ?+ c C O `. O d a>. a) U F- A-1 o M a d w co R- 3P f C) cv Q C y O U) fL > U) LO w„y � C C'i O O C cD O � O O Q. P W r MML Ob d m IL Z X O 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 27 015'00" WEST, A DISTANCE OF 288.18 FEET; THENCE SOUTH 82 009'53"WEST A DISTANCE OF 179.13 FEET; THENCE SOUTH 33 007'56" 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 62 056'38"WEST, A DISTANCE OF 91.19 FEET; THENCE NORTH 24 023'29" EAST, A DISTANCE OF 144.48 FEET; THENCE NORTH 31007'03" EAST A DISTANCE OF 309.63 FEET; THENCE NORTH 58 013'05" 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. i EXHIBIT "B-1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. EXHIBIT"B" M681-012-51 1849.1 EXHIBIT "B-1" DEPICTION OF RESTRICTED AREA Q ( r-o r-,a cs7€u47kWCCN p � t ` ( 1d1Trn r c c o 11sW}o a I Mr- 't�i �W�-t�.� rn 8 2 t tTti 7 C7° t 5 3� 'T "t4 C NQta�aCSC?CJtX1C3tt I C. 5 ; "ANTI CI} csca �1v�caspst�+ a I( t t-.oft C7 CD Lu p f1Ri � 31T1FT7lT7 I 1 'dNe-* `t A l` t I `' us .�►3s�k'rp Ci tD C7't^,J AD . � t �� It z 0 t.0 CC �.; t 7 •J . M1 4 5 rO iaCat,7U1C►-w p,7-+-+ ': t►1 3f*{Jrif1 '�' '� ,d.ta, a .A CgC7-+CTtirI+GC)WtlP �t COCS ��T7 tj co rn lz rn 1 � fi Q M;o om EXHIBIT"B-1" M681-0 12--511 899.1 1 RESOLUTION NO. " 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING A FAIR 3 MARKET VALUE AND SALES PRICE OF $22,000 AND DECLARING THE 4 INTENTION OF THE CITY TO SELL CITY OF SAN BERNARDINO MUNICIPAL 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 City of San Bernardino, State of California, known as Assessor's Parcel No. 0348-101-76 and 12 more fully described in Exhibit"A"attached hereto and made a part hereof, and 13 14 WHEREAS, Montecito Equities, Ltd. has expressed a desire to purchase said Water 15 Department owned parcel described herein; and 16 WHEREAS, the Mayor and Common Council of said City believe it is in the best 17 interest of the City that said parcel of real property be disposed of at fair market value; and 18 19 WHEREAS, Montecito Equities, Ltd. hired Inland Empire Consultants, Inc., a California 20 Certified General Real Estate Appraiser, to prepare an appraisal of the City property described 21 herein; and 22 WHEREAS, Inland Empire Consultants, Inc. has prepared and submitted a summary 23 appraisal report determining the fair market value of said Water Department property to be in 24 the amount of TWENTY TWO THOUSAND DOLLARS ($22,000.00); and 25 WHEREAS, Water Department staff has accepted the appraisal report of Inland Empire 26 27 Consultants, Inc. as determination of fair market value of said Water Department property; and 23 09/16/2010 1 1 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 3 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 4 ONSIDER SAID SALE. 5 WHEREAS, pursuant to Section 2.65.030 of the San Bernardino Municipal Code, City 6 7 owned property with a fair market value of less than $25,000 may be sold by negotiated 8 purchase, so long as the sales price is not less than the fair market value of said real property. 9 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 10 11 SECTION 1. The public interest and convenience require the sale of a portion of Water 12 Department owned real property generally located northeasterly of Myers Road, in the City of 13 San'Bernardino, more fully described in said Exhibit "A", and same is hereby declared as 14 surplus real property. 15 SECTION 2. It is therefore the intention of the Mayor and Common Council of the 16 17 City of San Bernardino to sell said real property to Montecito Equities,Ltd. 18 SECTION 3. The Mayor and Common Council do hereby find and determine that the 19 Fair Market Value and sales price of said real property is in the amount of TWENTY TWO 20 THOUSAND DOLLARS ($22,000.00); and 21 SECTION 4. The Mayor and Common Council of the City of San Bernardino do 22 23 hereby set a public hearing to be held on November 15,2010, at the hour of 4:00 p.m. or as soon 24 thereafter as the matter can be heard, in the Council Chambers of City Hall, 300 North"D" 25 Street, San Bernardino, California,relative to the proposed sale. 26 SECTION 5. Notice of the public hearing shall be published in The San Bernardino 27 County Sun, a newspaper of general circulation, at least once prior to the public hearing and 28 09/16/2010 2 1 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 3 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 4 ONSIDER SAID SALE. 5 shall be posted in at least 3 conspicuous places on the property at least (10) days prior to the 6 hearing. 7 8 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 11 hearing. 12 SECTION 7. It is the intent of the Mayor and Common Council to consider and 13 14 approve the sale of said property described herein, at said public hearing. 15 16 17 13 19 20 21 22 23 24 25 26 27 23 09/16/2010 3 _. rraarraa 1 IESOLUTION 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 3 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 4 ONSIDER SAID SALE. 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof 7 8 held on the day of , 20 , by the following vote, to 9 wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 14 BRINKER 15 SHORETT 16 KELLEY 17 JOHNSON 13 MCCAMMACK 19 20 21 City Clerk v 22 The foregoing resolution is hereby approved this day of , 20 23 24 PATRICK J. MORRIS, Mayor 25 City of San Bernardino 26 Ap roved as to form: 27 J ES F. PENMAN, City Attorney r 23 09/16/2010 4 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. EXHIBIT"A"