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Home My WebLink About28-Water Department CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Date: 10-26-04 OR\G\NAL Subject: Resolution of the Mayor and Common Council Agreeing to the Selling Price of Tax-Defaulted Property as Set Forth in the Agreement to Purchase Tax-Defaulted Property Between the County of San Bernardino and the City of San Bernardino Water Department for APN 0140-191-18-0000 MICC Meeting Date: 11-15-04 From: Bernard C. Kersey General Manager Dept: Water Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution ~~~ ./ Signature Contact person: R".rn~rct C K".r~py Phone: ~R.4-5091 Supporting data attached: yes Ward: 1 FUNDING REQUIREMENTS: Amount: nla Source: (Accl. No.) (Acrt De,>cription) Finance: Council Notes: '{2.t--sc., ~ 20::'/\- 36 q Agenda Item No. "I lillo/or CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution of the Mayor and Common Council agreeing to the selling price for tax- defaulted property set forth in the Agreement to Purchase Tax-Defaulted Property between the Board of Supervisors of the County of San Bernardino, and the City of San Bernardino Municipal Water Department for APN 0140-191-18-0000. Background: The Water Department is tzing to purchase a vacant parcel ofland located on the west side of H Street between 8th and 9t Streets for access to another parcel the department owns. The department has acquired property, and secured a right-of-way through city streets, for the installation a 60" diameter water transmission pipeline. One of the parcels ofland acquired is for the bore pit and pipeline alignment south of 9th Street and crossing the 1-215 freeway and the BNSF railroad tracks. Caltrans will be acquiring a portion of the property the department acquired for the widening of the 1-215 freeway. When Caltrans acquires the property it will leave the department without an access route to its pipeline. Caltrans advises that they cannot acquire other property to provide a party access to their remainder parcel, thus requiring Caltrans to relocate the 60" pipeline. There is a vacant parcel of land on the west side of H Street between 8th and 9th Streets that the County of San Bernardino was going to sell because of defaulted taxes A public agency can enter into an agreement to purchase tax-defaulted property pursuant to the provisions of Division 1, Part 6, Chapter 8 of the Revenue & Taxation Code. Pursuant to the provisions of Revenue and Taxation Code S3795, the governing body of the City of San Bernardino must agree to the selling price as set forth in the Agreement to Purchase Tax-Defaulted Property. An Agreement to purchase tax-defaulted property has been prepared and is attached to the resolution, as Exhibit 1. The purchase price in the agreement is $35,750 which includes all taxes and liens against the property through 2003. The City of San Bernardino will recover approximately $19,900 from the County once this sale is completed. The sale price does not include any penalties or interest on the defaulted taxes and liens. Attached is a memorandum from Glenn Baude; Code Compliance Director, supporting the recommended selling price. Financial Impact: Return of approximately $19,900 to the General Fund. Recommendation: Adopt resolution Attachment: Memo from Glenn Baude . t SOUT~ R/W-UNE 0; 9TH ~TREET-~-9TH-STREET --------t-, 1 PER R/W MAP NO. 427574. ~ ________ ; ) _----------f 0140-191-14 1 1-1 r--~~;r 1-- 0140=;91-15--1 ~'I ~~ Cl 1 ~--------~ tn v." _ _ 0140~~'-16_ _ J:Ij NOO'30' 30"W I I 66.00' I <.7!l1 0140-191-17 ----------; N89'33'13"E 79.25' 0140-191-18 NOO'30' 30"W - - - - - 44.79' N88'33'lS"E 60.35' J.Ll ~~ ~~ ..... ~1O ...... L-.::.w....... .... N JWC'I ' OJ 0:: "<t 0 'Of- lL. ~ -If)O-- ....2 :0- 8 o~ ttJ-r.- .- ~~ W ....10::1 b ~ffil ~ 0::0-1 g I- I 0 (f)<( (/) "'-J W >- <{ ~ w w - 0:::- -. LL. LO ..-- N .--... ~ ~ A . ~toir> !'In!0 L() 'N NNO , ........ O~O o 0 2 2 '-" Property to be acquired N8 '34'59"E 1 0.53' (N8 'S7'45"E) (1140.15') I -~- .--...1 I ~ 0,' ~ I I CO'2-'O n .......co ;; --< '2- \ DI . n I (,\ 1 I ~~p k\ZJ>: 19 g.....g. I\~\) Z 2 '-" 6 : 5 : 4 0140- I Pc140\'11 191~3_2L~~3~__. N89'41'25"E . . P.O.B.: 17.13' (.' 8TH STREET ------~----- P.O.B. LEGEND POINT OF BEGINNING EXISTING CENTERLINE EXISTING RIGHT-OF-WAY PROPERTY TO REMAIN (1.385 AC.) 7 SCALE: 1"=80' CITY OF SAN BERNARDINO CODE COMPLIANCE DEPARTMENT INTEROFFICE MEMORANDUM TO: Bernie Kersey, General Manager Water District FROM: Glenn Baude, Director Code Compliance DATE: October 28, 2004 SUBJECT: PURCHASE OF PROPERTY I received your memorandum concerning the Water Department purchase of property on the West Side of"H" Street between 8th and 9th. The Code Compliance Department has had to monitor the property for weed abatement for several years now. Your purchase would not only relieve us of that responsibility but also pay off the liens providing additional revenue to the City of$19,896. From the prospective of our department it beneficial to our process and provides revenue to the general fund. Therefore, we have no opposition to the purchase by the Water Department and certainly support the payoff of the liens on the property. Sincerely, ~!f~ Glenn Baude Director Code Compliance RESO~I~rlf 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AGREEING TO THE SELLING PRICE SET FORTH IN THE 3 AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY BETWEEN THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY AND THE CITY OF SAN 4 BERNARDINO FOR APN 0140-191-18-0000. 5 WHEREAS, the acquisition of a vacant parcel of land, described as Assessor's Parcel No. 6 0140-191-18-0000 located between 8th Street and 9th Street, on the west of "H" Street is necessary 7 for access to a 60-inch diameter water transmission pipeline to be installed in an adjacent parcel of 8 land by the City of San Bernardino Municipal Water Department; and 9 WHEREAS, the Water Department proposes to purchase the land through an Agreement to 10 Purchase Tax-Defaulted Property with the Board of Supervisors of San Bernardino County pursuant 11 to Division 1, Part 6, Chapter 8 of the Revenue and Taxation Code; and 12 WHEREAS, pursuant to the provisions of Revenue and Taxation Code ~ 3775, the governing 13 body of the City of San Bernardino must agree to the selling price set forth in the Agreement to 14 Purchase Tax-Defaulted Property. '; 16 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 17 SAN BERNARDINO AS FOLLOWS: 18 SECTION 1. The Mayor and Common Council of the City of San Bernardino hereby agrees 19 to the selling price set forth in the Agreement to Purchase Tax-Defaulted Property between the Board 20 of Supervisors of the County of San Bernardino and the City of San Bernardino Municipal Water 21 Department, as set forth in Exhibit "1" attached hereto and incorporated by reference as though fully 22 set forth at length herein. 23 SECTION 2. That the property acquired herein shall be dedicated for Water Department use. 24 1/ 1/ / 25 1/ 1/ / 26 1/ / 1/ 27 1/ / 1/ 28 1/ 1/ / November 15, 2004 .1\) o. 1~ It t ! 5 ( Cf:L I of2 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AGREEING TO THE SELLING PRICE SET FORTH IN THE AGREEMENT TO PURCHASE T AX-DEF AUL TED PROPERTY BETWEEN THE BOARD OF SUPERVISORS OF SAN BERNARDINO COUNTY AND THE CITY OF SAN BERNARDINO FOR APN 0140-191- 18-0000. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 3 Common Council ofthe City of San Bernardino at a meeting thereof, held on the 4 , 2004, by the following vote, to wit: day of 5 COUNCIL MEMBERS 6 ESTRADA 7 LONGVILLE 8 MCGINNIS 9 DERRY 10 KELLEY II JOHNSON 12 MCCAMMACK 13 14 \5 16 ABSENT ABSTAIN AYES NAYS Rachel Clark, City Clerk day of ,2004. The foregoing resolution is hereby approved this 17 18 19 20 ApJroved as to form an legal content: 21 22 JAMES F. PENMAN City Attorney 23 r1f~ 24 25 26 27 28 Judith Valles, Mayor City of San Bernardino November 15, 2004 Page2of2 Exhibit "1" AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY This agreement is made this day of , _, by and between the Board of Supervisors of San Bernardino County, State of California, and City of San Bernardino Municipal Water Department ("PURCHASER"), pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code. The real property situated within said county, hereinafter set forth and described in this agreement, is tax-defaulted and is subject to the power of sale by the Tax Collector of said county, for the nonpayment of taxes, pursuant to provisions of law. It is mutually agreed as follows: 1. That, as provided by Revenue and Taxation Code 93800, the cost of giving notice of this agreement shall be paid by the PURCHASER, and ') That the PURCHASER agrees to pay the sum of $ 35,750.00 for the real property described in Exhibit "A" within 15 days after the date this agreement becomes effective. Upon payment of said sum to the Tax Collector, the Tax Collector shall execute and deliver a deed conveying title to said property to the City of San Bernardino, a municipal corporation. 3. That the PURCHASER agrees to use the parcel(s) for public purpose under the following intent: access to water transmission pipeline to be installed in APN 0140-191-41-0000. 4. That if said purchaser is a taxing agency as defined in Revenue and Taxation Code 9121, or any other agency that receives its revenue share under the provisions of Division 1, Part 8, Chapter 3 of the Revenue and Taxation Code, it will not share in the payment required by the Agreement as defined by 93791 and 93720 of the Revenue and Taxation Code. If all or any portion of any individual parcel described in this agreement is redeemed prior to the effective date of this agreement, this agreement shall be null and void as to that individual Darcel. 'le undersigned hereby agree to the terms and conditions of this agreement and are duly Jthorized to sign for said agencies. This document is being executed in counterpart each of which constitutes an original ATTEST: BOARD OF WATER COMMISSIONERS CITY OF SAN BERNARDINO By President (Purchaser) (seal) ATTEST: BOARD OF SUPERVISORS By Clerk of the Board of Supervisors By Deputy By Chairman (seal) Pursuant to the provisions of Revenue and Taxation Code 33775, the governing body of the City of San Bernardino hereby agrees to the selling price as provided in this agreement. ATTEST: CITY OF SAN BERNARDINO By Deputy By Mayor (seal) Pursuant to the provisions of Revenue and Taxation Code 33795, the Controller approves the foregoing agreement this day of STEVE WESTL Y, CALIFORNIA STATE CONTROLLER , 'I: 2 ~tephen L. Edwards, Chief Bureau of Tax Administration EXHIBIT "A" PARCEL NUMBER PURCHASE PRICE 0140-191-18-0000 $ 35,750.00 - Plus cost of giving notice 3