HomeMy WebLinkAbout16-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK, Director Subject: Resolution authorizing the execution of a
ftDlOtU,&j Sales and Purchase Agreement for City property
Dept: Development Services ~ located at the southeast corner of Orange Show
Road and Amos Avenue (Parcel Two - APN 0136-
Date: July 15,2003 431-35).
File No. 15.05-223
Synopsis of Previous Council Action: MCC Date: 08/04/2003
03-04-2002 - Resolution No. 2002-69 was adopted confirming fair market value and giving notice inviting
competitive sealed and oral bids for the sale of City owned property located at the southwest corner of
Orange Show Road and Waterman Avenue and setting the date and time of April 15, 2002, 10:00 a.m. for
awarding a bid.
09-23-2002 -No written bid were received. Public hearing accepting oral bids was opened and continued to
10/7/2003
10-07-2002- Public Hearing was closed; no oral bids were submitted.
01-21-2003 - Authorization was given to advertise for bids for three City owned parcels located north and
south of Orange Show Road, west of Waterman Avenue.
03-17-2003 - Bids for Parcel One and Parcel Three were approved.
04-21-2003 - Authorization was given to execute a Sales and Purchase Agreement for Parcels One and
Three and to advertise for bids for Parcel Two.
06-16-2003 - Bid was approved for Parcel Two.
Recommended Motion:
Adopt Resolution
~Y:d'-
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: Staff Report, Res.,
Agreement
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Phone: 5026
Ward:
3
Finance:
Council Notes:
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Agenda Item No. / ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a Sales and Purchase Agreement for City property located at the
southeast corner of Orange Show Road and Amos Avenue (Parcel Two - APN 0136-431-35).
BACKGROUND:
On August 7,2000, Resolution No. 2000-235 was adopted, establishing the right of way boundaries for
Orange Show Road between Waterman Avenue and the Twin Creek Flood Control Channel, relative to
the extension of Orange Show Road from Arrowhead Avenue to Tippecanoe A venue. As a result of the
fee acquisition of various parcels between Waterman Avenue and the Twin Creek Flood Control
Channel (the remainder of Orange Show Road extension was acquired as easements), four remnant
parcels remained. Staff was authorized to secure an appraisal on these parcels. The appraised values
were $41,000 for Parcel One ($2.50 per square foot), $32,000 for Parcel Two ($2.00 per square foot),
$175,000 for Parcel Three ($4.00 per square foot) and $17,000 for Parcel Four ($1.00 per square foot).
The City paid an average of $2.75 per square foot for these parcels in 1996. On February 20, 2001,
Resolution No. 2001-35 was adopted, setting the fair market value for the four parcels and giving Notice
Inviting Bids, with bids due by March 20, 200 I. Only one bid was submitted for the parcel located on
the northwest corner of Orange Show Road and Washington Avenue (Parcel Four). The bid was
approved on April 16, 2001, and sale of that parcel has been completed.
On April16, 2001, staff was authorized to re-advertise a Notice Inviting Bids and market the remaining
parcels through a real estate broker. Prior to contracting with a broker, it was decided that a Phase I
Environmental Assessment would need to be prepared. The Environmental Assessment was completed
in November 2001 and there were no negative environmental impacts noted. On June 17, 2002,
Resolution No. 2002-163 was adopted establishing the fair market value for Parcel Three at the revised
appraisal amount of$132, 000.
In August 2002, a Notice Inviting Bids was published in The Sun newspaper and several bid packages
were sent out to interested parties. No written nor oral bids were submitted.
On January 21, 2003, staff was again authorized to advertise for bids for the three parcels. Bid opening
was held on February 20,2003. Bids were received and approved on March 17,2003 for Parcel One and
Parcel Three. Both of the bids that were approved were submitted by Mr. William Doherty.
Subsequently, Mr. Doherty indicated that he would like to submit a bid for the remaining parcel (Parcel
Two) located at the southeast corner of Orange Show Road and Amos Avenue. On April 21, 2003,
approval was given to execute a Sales and Purchase with Mr. Doherty for Parcel One and Parcel Three,
and authorization was given to advertise for bids for Parcel Two. Bids were to be submitted by May 20,
2003. Only one bid was received, which was submitted by Mr. Doherty in the amount of $32, 711.00,
and was accompanied by a bid deposit in the amount of $3,400.00. As indicated on the bid submittal
form, Mr. Doherty is proposing an all cash purchase. On June 16, 2003, the bid submitted by Mr.
Doherty was approved.
Staff Report - Continued
FINANCIAL IMPACT:
Revenue in the amount of at least $32, 711.00, less closing costs.
RECOMMENDATION:
Adopt Resolution.
No Scale
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LOCA TlON OF
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
Sale of City owned parcel at the
southeast corner of Orange Show
Road and Amos Avenue.
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: L, Foqo:x~y Date: 04/24/2005
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RESOLlJTIO' ~ CO) IP If'
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY-OWNED
4 PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ORANGE
SHOW ROAD AND AMOS A VENUE IN THE CITY OF SAN BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. That the Mayor of the City of San Bernardino is hereby directed
9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy
10 of which attached hereto as Exhibit "1". and a Grant Deed, a copy of which is attached
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hereto as Exhibit "2", for the sale of certain City-owned property located at the southeast
corner of Orange Show Road and Amos Avenue in said City, and more fully described in
detail in said Exhibit" I" and said Exhibit "2".
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SECTION 2. Said Agreement shall be null and void if either party fails to
16 execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
07/15/03
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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF
CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ORANGE SHOW ROAD
AND AMOS A VENUE.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
held on the
,20_, by the following vote, to
day of
wit:
Council Members: A YES
ABSTAIN
ABSENT
NAYS
ESTRADA
LONGVILLE
MCGINNIS
DERRY
14 SUAREZ
15 ANDERSON
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MCCAMMACK
City Clerk
day of
The foregoing resolution is hereby approved this
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JUDITH V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
25 City Attorney
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By: I.~ r, f ,::/1 1/1,,,,,,,,-
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07llS/03
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SALES AND PURCHASE AGREEMENT
This Agreement ("AGREEMENT') is made and entered into this day of
2003, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
WILLIAM J. DOHERTY ("BUYER") for the sale of City owned property ("PROPERTY") described
below.
PROPERTY to be sold is generally at the southeast corner of Orange Show Road and Amos Avenue in
the City of San Bernardino, State of California, also known as Assessor's Parcel No. 0136-431-35 and is
more fully described in Exhibit "A", and shown on plat maps attached hereto as Exhibit "A-l ", attached
hereto and made a part hereof
In consideration of which, and for the other considerations hereinafter set forth, it is mutually agreed as
follows:
I. The parties have herein set forth the whole of their negotiations. The performance of this offer
constitutes the entire consideration for said document, and shall relieve the parties hereto of all
further obligations or claims on this account.
2. PROPERTY consists of one vacant parcel approximately 16,131 square feet and is designated IL
(Light Industrial) in the City of San Bernardino's General Plan.
Parties shall enter into escrow with First American Title Insurance Company, 323 West Court
Street, San Bernardino, California, for a period not to exceed sixty (60) days, unless mutually agreed
upon by both parties. Parties authorize said title company to disburse funds accordingly.
4. The purchase price of PROPERTY shall be Thirty Two Thousand Seven Hundred Eleven Dollars
($32,711). SELLER hereby acknowledges that BUYER has deposited with SELLER, a bid deposit
amount of Three Thousand Four Hundred Dollars ($3,400), which SELLER shall deposit into
escrow towards said purchase price.
5. SELLER SHALL:
A Pay proportionate share of escrow and closing costs incurred with this transaction.
B. Deliver an executed Grant Deed to Escrow at First American Title Insurance Company, 323
West Court Street, San Bernardino, California.
C. Provide an owner's title policy naming the BUYER as the insured in the amount of the purchase
price, insuring that the BUYER owns fee simple title to PROPERTY, subject to the permitted
exceptions. SELLER shall pay the premium for and charges related to the issuance of the
owner's title policy.
EXHIBIT" 1"
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SALES AND PURCIfASE AGREEMENT - Southeast corner a/orange Show Road and Amos Avenue,
Bid Spec. No. 15.05-223C
6. BUYER SHALL:
A. Pay the SELLER the sum of Thirty Two Thousand Seven Hundred Eleven Dollars ($32,711) for
said PROPERTY, for interest conveyed when title to PROPERTY vests in the name of BUYER
and is free and clear of all liens, encumbrances and assessments except as follows:
I) Covenants, conditions, restrictions and reservations of record.
2) Easements and/or rights of way over said land for public or quasi-public utility or public
street purposes.
B. BUYER shall have the right to review the condition oftitle in escrow, and its obligations shall
be subject to its approval of the condition of title as provided therein.
C. Pay proportionate share of escrow and closing costs incurred in this transaction.
D. BUYER accepts the PROPERTY in an "as-is" condition.
7. BUYER'S DEF AUL T AND FORFEITURE OF DEPOSIT.
If the BUYER refuses or fails to consummate the purchase of PROPERTY pursuant to this
AGREEMENT for any reason other than breach by SELLER of its agreements hereunder, then
SELLER shall have the right to terminate this AGREEMENT by giving BUYER written notice
thereof, in which event BUYER shall forfeit said deposit as liquidated damages and neither party
hereto shall have any further rights or obligations hereunder.
8. SELLER'S DEFAULT AND RETURN OF DEPOSIT.
If SELLER fails to perform any if its obligations hereunder, either prior to or at the closing of
escrow, then BUYER may terminate this AGREEMENT by notifying SELLER thereof, at which
time said deposit, together with any interest earned thereon shall be returned to BUYER, and
neither party hereto shall have any further rights or obligations hereunder.
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SALES Ai\'D PURCHASE AGREEMENT - Southeast corner of orange Show Road and Amos Avenue,
Bid Spec. No 15.05-223C
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written
above.
NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED.
BUYER:
WILLIAM 1. DOHERTY
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
SELLER:
CITY OF SAN BERNARDINO
By:
JUDITH VALLES. Mayor
ATTEST:
RACHEL CLARK, City Clerk
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EXHIBIT A
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Legal Description for the Sale of City Pl'operty
Located at the Southeast corner of
Orange Show Road and Amos Avenue
APN 0136-431-35
That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereofrecorded in Book 29 of Maps, page
13, records of the County Recorder of San Bernardino County, State of California, lying Southerly of the South
line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on
August 16,2000 as Document No. 20000294378, more fully described as follows:
Beginning at the Southwest corner of said Lot 56; thence north, along the West line of said Lot, a distance of
74.48 feet, more or less, to said South line of Orange Show Road; thence North 890 55' 26" East, along said South
line, a distance of 155.40 feet; thence South 000 43' 34" East, a distance of 12 feet; thence North 890 55' 26" East,
a distance of 52.49 feet, more or less, to the East line of said Lot 56; thence southeasterly and leaving said South
line of Orange Show Road, along said East line, to the South line of said Lot 56; thence west, along said South
line, a distance 248.48 feet, more or less, to the point of beginning.
16,131 square feet, more or less.
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N 890 55' 26" E
S 000 43' 34" E
12.00)
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155.40'
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52.49' T.
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56
248.48' +
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W~ll~Wu~U(G~f~~M~
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~ OF CITY PROPERTY LOCATED APN 0136-431-35
A~E SOUTHEAST CORNER OF 16 131 sq. ft. T.
ORANGE SHOW ROAD AND AMOS '
AVENUE.
SHEET
1 of 1
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
REAL PROPERTY SECTION
I File No. : 15.05-223C
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL THIS DEED AND,
.SS OTHERWISE SHOWN, MAIL TAX
EMENTS TO:
\\!illiam 1. Doherty
1402 Peacock Hill
Santa Ana, CA 92705
Escrmv No.:
APN 0136.431-34
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 WILLIAM J. DOHERTY, 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"
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CITY OF SAN BERNARDINO,
a municipal corporation
Dated:
By:
JUDITH VALLES, Mayor
STATE OF CALIFORNIA
COUNTY OF
ACKNOWLEDGEMENT OF GRANTOR(S):
}ss
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 "2"
EXHIBIT A
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Legal Description for the Sale of City Property
Located at the Southeast corner of
Orange Show Road and Amos Avenue
APN 0]36-431-35
That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page
13, records of the County Recorder of San Bernardino County, State of California, lying Southerly of the South
line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on
August] 6, 2000 as Document No. 20000294378, more fully described as follows:
Beginning at the Southwest corner of said Lot 56; thence north, along the West line of said Lot, a distance of
74.48 feet, more or less, to said South line of Orange Show Road; thence North 890 55' 26" East, along said South
line, a distance of ]55.40 feet; thence South 000 43' 34" East, a distance of 12 feet; thence North 890 55' 26" East,
a distance of 52.49 feet, more or less, to the East line of said Lot 56; thence southeasterly and leaving said South
line of Orange Show Road, along said East line, to the South line of said Lot 56; thence west, along said South
line, a distance 248.48 feet, more or less, to the point of beginning.
16, ] 3 ] square feet, more or less.
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted):
s- ij -O~
Item #
I~
Resolution #
'2.003- 2.13
Absent &
Vote:
Ayes
I"',
Nays
.e>-
Abstain
Jd-
Change to motion to amend original documents: -
Reso. # On Attachments: / Contract term:-
Note on Resolution of Attachment stored separately: -~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY By:
NulllVoid After: f.r, n 01">'1':; 110 3--0.3
t I
Date Sent to Mayor: b'- <c "03
Date of Mayor's Signature: \; ',\.6)
Date ofClerk/CDC Signature: "j'-'-c,?
Reso. Log Updated: ,/
Seal Impressed: /
Date Memo/Letter Sent for Signature:
<;(-")-03
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
See Attached:
Date Returned: lo.{. -6 ~
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes ,/ No By~
Yes NoL- By
Yes No ....1L By
Yes No ..L By
Yes NoL By'_
Copies Distributed to:
City Attorney V
Parks & Rec.
Code Compliance Dev. Services / EDA Finance
Police Public Services Water Others:
MIS
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ~
Date:
Revised 01/12/01