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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director Subject:Resolution Authorizing an
Amendment to the Grant Deed for the Sale of
Dept: Development Services City and Water Department property on the
Northwest Corner of University Parkway and
Date: April 19, 2000 Kendall Drive.
File No.15.05-218
Synopsis of Previous Council Action: MCC Date: 05-01-2000
08-16-99–Authorization was granted to proceed with the sale of City property located at the
northwest corner of University Parkway and Kendall Drive.
09-20-99–Resolution No. 1999-241 was adopted establishing fair market value and giving
Notice Inviting Bids for the sale of City property located on the northwest corner of
University Parkway and Kendall Drive
11-01-99—Bid awarded to Howard Berkson in the amount of$566,000 for the sale of City
property located on the northwest corner of University Parkway and Kendall Drive.
12-06-99–Resolution No. 1999-299 was adopted authorizing the execution of a sales and
purchase agreement for City/Water Department property on the northwest corner of
University Parkway and Kendall Drive
Recommended Motion:
ADOPT RESOLUTION
Michael E. Ilays
Contact person: LASZLO "Les" FOGASSY Phone: 5026
Supporting data attached: Staff Report, Maps, Ward: 5
Resolution
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No. Az
5///JM0
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution Authorizing an Amendment to the Grant Deed for the Sale of City and Water
Department property on the Northwest Corner of University Parkway and Kendall Drive.
BACKGROUND:
On August 16, 1999, this office was authorized to proceed with the sale of City and Water
Department property located on the northwest corner of University Parkway and Kendall Drive,
as shown on the attached maps. Notice Inviting Bids was published in the San Bernardino
County Sun newspaper. Only one written bid was received, from Howard Berkson, in the
amount of $566,000 and was accompanied by the required 10% bid deposit in the amount of
$56,600.00
On November 1, 1999, with the absence of oral bids, the bid of $566,000 was awarded to
Howard Berkson and on December 6, 2000, Resolution No. 1999-299 was adopted, authorizing
the execution of a Sales and Purchase Agreement between the City and the buyer and escrow
was opened with First American Title Company. Escrow was scheduled to be closed by the end
of April, 2000.
A letter from the buyer's attorney was recently received, requesting that the buyer take title as
University Commons, LLC, a company that was recently formed by the buyer as its sole
member. A copy of the letter is attached.
The attached resolution authorizes the amendment of the Grant Deed by changing the grantee's
vesting from Howard Berkson to University Commons, LLC. All other terms of the sale and
purchase remain the same.
FINANCIAL IMPACT:
Sale proceeds of$566,000 will be proportioned as follows: $52,690, less proportionate closing
costs, will go to the City. The remainder of $513,310, less proportionate closing costs, will be
transferred to the Water Department. One-half of the appraisal costs, which is $1,350 will also
be reimbursed to the Water Department by the buyer.
RECOMMENDATION:
Staff recommends that the attached Resolution, approving the amendment of the Grant Deed be
adopted.
Location of City
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VICINITY MAP
CITY OF SAN BERNARDINO PROPOSED SALE OF CITY PROPERTY
DEVELOPMENT SERVICES DEPARTMENT (WATER DEPARTMENT PROPERTY)
PUBLIC WORKS DIVISION LOCATED ON THE NORTHWEST CORNER OF
indicates un-incorporated UNIVERSITY PARKWAY AND KENDALL
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DONALD J. SCHIFFER
3636 Fifth Ave. Suite 301 Consultant in Business and Real Estate Law
San Diego. CA 92103-4230 Attorney
Tel. (619) 699 4860 Fax: (619) 699 4857
E-Mail: dja0sch ffexlaw_com
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TO: Henry Empeno
FAX: 909-384-5238
DATE: April 19, 2000
RE: City Property at corner of University and Keudall-Sale to Berkson Realty Advisors
PAGES: 2 (including cover)
Dear Mr.Empeno:
As we discussed,Howard Berkson wishes to assign his interest, prior to the close of
escrow, in the Sales and Purchase Agreement dated December b, 1999 with the City of San
Be- mardino for the above referenced property, The assignment would be to University Commons,
LLC, a California limited liability company and would be in the form attached. Mr.Berkson is the
sole member of the limited liability company and it was formed to take title to this property and the
neighboring property.
The Sale and Purchase Agreement does not in any way limit Mr.Berk-son's rights to assign
his contractual interest. It is my understanding that unless it does, that California law encourages
the free assignment of contracts.
The only effect of this change on the City is that the Grant Deed should be made to
University Commons,L C rather than Howard Berkson. however,we cannot wait until the next
council meeting to Close this transaction. We would appreciate your researching whether this
change can be accomplished without further approval from the council. It is the last obstacle to
closing this transaction.
Thank you for your assistance in this matter.
Yours truly,
onald J. hiffe
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING
3 RESOLUTION NO. 1999-299 BY AMENDING THE GRANTEE AS SHOWN ON
EXHIBIT "B" OF SAID RESOLUTION AND THAT THE MAYOR BE AUTHORIZED
4 TO EXECUTE AN AMENDED GRANT DEED FOR SALE OF CITY PROPERTY
LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY PARKWAY AND
5 KENDALL DRIVE IN SAID CITY.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. That Resolution No. 1999-299, is hereby amended as follows:
9 The grantee as shown on the Grant Deed which is Exhibit `B" of said Resolution
10 No.1999-299, is hereby changed .from HOWARD BERKSON to UNIVERSITY
11 COMMONS, LLC, a California limited liability company.
12
13 SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized
14 and directed to execute on behalf of said City, an amended Grant Deed, a copy of which
15 is attached hereto as Exhibit "A" and made a part hereof, relative to the sale of City
16 property located on the Northwest corner of University Parkway and Kendall Drive in
17 said City, more fully described in Exhibit "A" of said Grant Deed.
18
19
20
21
22
23
24
25
26
27
28
April 20, 2000 1
1 RESOLUTION AMENDING RESOLUTION NO. 1999-299
2
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof
5 held on the day of , 20 , by the following vote, to
6 wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 LIEN
11 MCGINNIS
12 SCHNETZ
13 SUAREZ
14
ANDERSON
15
16 MCCAMMACK
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of 20
20 '
21
22 JUDITH VALLES, Mayor
23 Approved as to form City of San Bernardino
and legal content:
24
JAMES F. PENMAN
25 City Attorney
26
27
28
04/19/00 2
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL THIS DEED AND,
UNLESS OTHERWISE SHOWN, MAIL TAX
STATEMENTS TO:
Escrow No.:65917G
APN:0151-241-03, 12 0266-115-14
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,The CITY OF
SAN BERNARDINO, a municipal corporation,hereby grants to UNIVERSITY COMMONS,LLC, a
California limited liability company,the real property in the City of San Bernardino, County of San
Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT"A"
CITY OF SAN BERNARDINO,
a manic' all corporation
s
Dated: By:
JUD VALLES,Mayor
ACKNOWLEDGEMENT OF GRAN S):
STATE OF CALIFORNIA }S.S.
COUNTY OF
On before me, personally appeared
personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that
by his/her/their signature(s)on the instrument the person(s),or the entity on behalf of which person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Signature
EXHIBIT "A"
PARCEL A
(APN 0151-241-03,12)
THAT PORTION OF LOTS 1 AND 2, BLOCK 3 OF THE WIGGINS TRACT, IN THE CITY OF
SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,AS PER
PLAT RECORDED IN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY
RECORDER OF SAID COUNTY, LYING NORTHWESTERLY OF A LINE THAT IS 100.00
FEET NORTHWESTERLY OF AND MEASURED AT RIGHT ANGLES TO AND PARALLEL
WITH THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF KENDALL
DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED
NOVEMBER 13, 1925, IN BOOK 39,PAGE 57, OFFICIAL RECORDS OF SAID COUNTY
AND THE WEST LINE OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN IF SAID SECTION LINES WERE EXTENDED ACROSS THE
MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23,
RECORDS OF SAID COUNTY; THENCE SOUTH 60° 34' 56" EAST(RECORDED SOUTH 60°
25' EAST) ALONG SAID CENTER LINE, A DISTANCE OF 35.84 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 58° 45' 19"EAST, A DISTANCE OF 378.22 FEET
TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 4000.00 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 090 15' 19", A DISTANCE OF 646.14 FEET; THENCE NORTH 49° 30' 00" EAST,
TANGENT TO SAID CURVE, A DISTANCE OF 563.31 FEET TO THE POINT OF
TERMINATION.
THE SIDE LINES OF SAID PARCEL ARE TO BE LENGTHENED OR SHORTENED SO AS
TO COMMENCE ON THE NORTHEASTERLY RIGHT OF WAY LINE OF SAID KENDALL
DRIVE AND TO TERMINATE ON A LINE THAT IS 120.00 FEET, SOUTHWESTERLY OF,
MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 30, 1964, IN BOOK 6180, PAGE
106, OFFICIAL RECORDS OF SAID COUNTY, A RADIAL BEARS NORTH 310 25' 59"
EAST, FROM SAID MOST WESTERLY CORNER OF SAID STATE PROPERTY; THENCE
ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 2268.19
FEET AND A CENTRAL ANGLE OF 350 46' 01", A DISTANCE OF 1455.51 FEET TO THE
TERMINATION THEREOF.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING WITHIN THAT CERTAIN
PARCEL OF LAND CONVEYED TO RYLAND M. THOMASON, A MARRIED MAN BY
DEED RECORDED NOVEMBER 30, 1962, IN BOOK 5810, PAGE 124, OFFICIAL RECORDS
OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN
BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED APRIL
23,1940, IN BOOK 1415, PAGE 37, OFFICIAL RECORDS OF SAID COUNTY.
NOTE: BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING OF
SOUTH 210 48' 00" EAST, BETWEEN G. E. SHEARES CORNER NUMBER 14 AND CORNER
NUMBER 15 AS PER RECORD OF SURVEY RECORDED IN BOOK 4, PAGES 9 AND 10,
RECORDS OF SAID COUNTY.
REFERENCE IS MADE TO A RIGHT OF WAY MAP ON FILE IN THE CITY ENGINEERS
OFFICE, PLAN NO. 3181 FOR MORE PARTICULARS.
PARCEL B
(APN 0266-115-14)
THAT PORTION OF THE NORTHWEST 1/4 OF LOT 3, BLOCK 3 OF THE WIGGINS
TRACT, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 3 OF MAPS,PAGE(S) 74,
RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHWESTERLY
OF A LINE THAT IS 100.00 FEET NORTHWESTERLY OF AND MEASURED AT RIGHT
ANGLES TO AND PARALLEL WITH THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF KENDALL
DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED
NOVEMBER 13, 1925, IN BOOK 39, PAGE 57, OFFICIAL RECORDS OF SAID COUNTY,
AND THE WEST LINE OF SECTION 17, TOWNSHIP I NORTH, RANGE 4 WEST, SAN
BERNARDINO MERIDIAN, IF SAID SECTION LINES WERE EXTENDED ACROSS THE
MUSCUPIABE RANCHO, AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 23,
RECORDS OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 60° 34' 56"
EAST (RECORDED SOUTH 60° 26' EAST) ALONG SAID CENTER LINE, A DISTANCE OF
35.84 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58°45' 19" EAST, A
DISTANCE OF 378.22 FEET TO THE POINT OF TERMINATION.
NOTE: THE BASIS OF BEARING FOR THE ABOVE LEGAL DESCRIPTION IS A BEARING
OF SOUTH 210 48' 00" EAST, BETWEEN G. E. SHEARES CORNER NO. 14 AND CORNER
NO. 15, AS PER RECORD OF SURVEY, RECORDED IN BOOK 4, PAGES 9 AND 10,
RECORDS OF SAID COUNTY.