HomeMy WebLinkAbout37-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: Development Services
Subject: Public Hearing and Resolution
authorizing execution of a Right of Way Contract,
Grant Deed and Easement Deed for City property
located northeasterly of Scenic Drive, easterly of
Valley View Drive and approving the sale to the
State of California.
MCC Date: 09-05-2006
From: ValerieC. Ross, Director
Date: August 9, 2006
File No. 15.05-248
Synopsis of Previous Council Action:
08-07-06 - Authorization was given to proceed with the proposed sale of City property located
northeasterly of Scenic Drive, easterly of Valley View Drive and Resolution No. 2006-277
establishing fair market value and setting a public hearing was adopted.
Recommended Motion:
I. That the public hearing relative to the sale of City property located northeasterly of Scenic
Drive, easterly of Valley View Drive be closed; AND
2. Adopt Resolution.
Y4JLAiu u. Rw
Valerie C. Ross
Contact person: LASZLO "Les" FOGASSY
Supporting data attached: StaffR~port, Maps,
. ResolutIOn
FUNDING REQUIREMENTS: Amount: None
Ward:
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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BACKGROUND:
In April, 2006, this office was notified by the State of California Department of Transportation
(Caltrans) of its intent to purchase a portion of City owned property generally located northeasterly of
Scenic Drive, easterly of Valley View Drive. The purpose of the acquisition is to facilitate the proposed
widening project of the 1-215 freeway, which will help reduce some of the freeway congestion in this
area.
The property being proposed for acquisition is part of a larger parcel of City owned property that is
being used as an open space / passive park area located along Scenic Drive, as depicted on the attached
map. In addition to acquiring a portion of this parcel, Cal- Trans is also requesting a temporary
construction easement for a period of 55 months. The fee acquisition area consists of 184 square feet
and the temporary easement and access control area consists of 4,251 square feet.
Recently, we were presented with an offer from Caltrans, in the amount of $10,400 for the fee
acquisition and the temporary easements. Upon completion of the project, the area within the temporary
construction easement will be restored to its prior condition. The Parks and Recreation Department has
indicated that they do not have any conflicts with the proposal.
Section 2.65.030 of the City's Municipal Code allows City property valued at under $25,000 to be sold
without the competitive bid process, so long as the property is sold at fair market value.
On August 6, 2006, staff was authorized to proceed with the proposed sale. Resolution No. 2006-277
was adopted, establishing the amount of $10,400 as the fair market value for the proposed sale, and
setting a public hearing for September 5, 2006. The resolution was published and posted, as required by ,
law.
The attached resolution approves the sale of this City property to the State of California, along with
appurtenant temporary easements, and authorizes the execution of a Right of Way contract with the
State. The State will pay all title and recording fees associated with this transaction.
FINANCIAL IMPACT:
Proceeds in the amount of $10,400 are anticipated from sale of property and payment for temporary
easement. State of California will pay appurtenant recording and closing fees.
RECOMMENDATION:
That the public hearing be closed and the attached resolution be adopted.
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
REAL PROPERTY SECTION
POR. OF CITY PROPERTY TO BE
SOLD TO STATE OF CALIFORNIA
RELA TIVE TO 1-215 WIDENING AND
TEMP. CONSTRUCTION EASEMENT
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1
2
3 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
AUTHORIZING THE EXECUTION OF A RIGHT OF WAY CONTRACT, GRANT
4 DEED AND EASEMENT DEED AND APPROVING THE SALE OF CITY PROPERTY
GENERALLY LOCATED NORTHEASTERLY OF SCENIC DRIVE AND EASTERLY
5 OF VALLEY VIEW DRIVE, IN THE CITY OF SAN BERNARDINO, TO THE STATE
6 OF CALIFORNIA.
7
RESOLUTION NO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
8
9
10 and authorized to execute on behalf of said City, a Right of Way Contract, a copy of
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12
13
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
which attached hereto as Exhibit "I" and made a part hereof; a Grant Deed, a copy of
which is attached hereto as Exhibit "2" and made a part hereof; and an Easement Deed, a
copy of which is attached hereto as Exhibit "3" and made a part hereof, relative to the sale
14
15 of certain City property located northeasterly of Scenic Drive and easterly of Valley View
16
17
18
19
20
21
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23
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Drive, in the City of San Bernardino, more fully described in detail in said Exhibit "2"
and said Exhibit "3", and said sale to the State of California is hereby approved.
SECTION 2. Said Right of Way Contract shall be null and void if either party
fails to execute the Agreement within ninety (90) days of the date of adoption of this
Resolution.
1/1
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26
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37
08/23/06
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1 RESOLUTION DIRECTING AND AUTHORIZING THE EXECUTION OF A RIGHT OF WAY
2 CONTRACT, GRANT DEED AND EASEMENT DEED AND APPROVING THE SALE OF CITY
PROPERTY LOCA TED NORTHEASTERLY OF SCENIC DRIVE AND EASTERLY OF V ALLEY VIEW
3 DRIVE, n' TO THE STATE OF CALIFORNIA.
4
5
6 Common Council of the City of San Bernardino at a
7
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof
, 19_, by the following vote, to
eld on the
day of
8 it:
9
10
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12
13
14
AYES
NAYS
ABSTAIN
ABSENT
ouncil Members:
ACANT
15
16 OHNSON
17
18
19
20
ELLEY
CCAMMACK
City Clerk
21 he foregoing resolution is hereby approved this
day of
,19_.
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23
24
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26
27
28
PATRICK J. MORRIS, Mayor
City of San Bernardino
roved as to form:
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STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY CONTRACT. STATE HIGHWAY
RW 8-3 (Rev. 6195)
Page 1 of 4
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, California
08
Dist.
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Co.
215
Rte.
5.0/6.7
P.M.
007179
Exp. Auth.
,2006
CITY OF SAN BERNARDINO,
a municipal corporation
Grantor(s)
THIS DOCUMENT NO. 19168-1 in the form of a Grant Deed, and 19168-2 in the in the form of a
TemDorarv Construction Easement and 19168-3 in the form of Access Riahts covering the property
particularly described in the above instrument has been executed and delivered to Jean Colver. Right of
Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1.
(A) The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve the State of
all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
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(B) Grantee requires said property described in Document No. 19168-1.2.3 for State highway
purposes, a public use for which grantee has the authority to exercise the power of eminent
domain. Grantor is compelled to sell, and grantee is compelled to acquire the property.
Both grantor and grantee recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The
compensation set forth herein for the property is in compromise and settlement, in lieu of such
litigation.
2. The State shall:
(A) Pay the undersigned grantor the sum of $10.400.00 for the property or interest conveyed by
above document when title to said property vests in the State free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes,
except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the
manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the
close of escrow.
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b. Covenants, conditions, restrictions, and reservations of record, or contained in the above-
referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street
purposes, if any.
EXHIBIT "I"
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RIGHT OF WAY CONTRACT. STATE HIGHWAY (Cont.)
RW 8-3 (Rev. 6/95)
Page 2 of 4
~ (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired
by the State, the premium charged therefor.
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(C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any
amount necessary to satisfy any bond demands and delinquent taxes due in any year except
the year in which this escrow closes, together with penalties and interest thereon, and/or
delinquent and unpaid nondelinquent assessments which have become a lien at the close of
escrow.
This transaction will be handled through an escrow with First American Title Insurance Company,
323 West Court Street, San Bernardino, CA 92401, Litigation Guarantee Report No. 0623-5273907.
3.
The acquisition price of the property being acquired in the transaction reflects the fair market
value of the property without the presence of contamination. If the property being acquired is
found to be contaminated by the presence of hazardous waste which requires mitigation under
Federal or State law, the State may elect to recover its cleanup costs from those who caused or
contributed to the contamination.
4.
It is understood and agreed by and between the parties hereto that payment in clause 2(A) above
includes, but not limited to, payment for the following items: Parcel No. 19168-1: 184 S.F. Fee,
Parcel No. 19168-2: 4,250 S.F. Temporary Construction Easement. Parcel No. 19168.3 Access
Rights.
Improvements: 15' of 4'Chain link fence, Lawn: soil preparation, fine grading, mulching top dressing
and seeding, Sprinklers: 1,062.5 S.F., Shrub: Large/Average.
5.
It is agreed and understood that the State's contractor will protect in place the following items during
construction: The manual sprinkler valve and box and the control valve and box approximately 30
feet west of the northeast corner of the property.
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the right of possession and use of the subject property by the State, including the right to remove
and dispose of improvements, shall commence.on SeDtember1. 2006 or the close of escrow
controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein
includes, but is not limited to, full payment for such possession and use, including damages, if any,
from said date.
6.
7.
All work done under this agreement shall conform to all applicable building, fire and sanitary laws,
ordinances, and regulations relating to such work, and shall be done in a good and workmanlike
manner. All structures, improvements or other facilities, when removed, and relocated, or
reconstructed by the State, shall be left in as good condition as found.
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
RW 8-5 (4/93)
Page 3 of 4
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-- 8. Permission is hereby granted the State or its authorized agent to enter upon grantor's land, where
necessary, within that certain area shown on the Right of Way Map, for the purpose of temporary
construction easement, for the reconstruction of the subject property's Ring Road and reconnection of
parking and access roads.
9. It is understood and agreed that included in the amount payable in Clause 2(A) above is
compensation in full for the actual possession and use of the Temporary Construction Easements
identified as Document No. 20308.2 for a period of 55 months, beginning September 1,2006 and
terminating on March 31, 2011.
At least 48 (forty-eight) hours advance written notice shall be given before any entry on
grantor's property.
In the event, this information changes or property transfers, the owner shall notify State in
writing of such occurrence at:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
464 W. 4th Street, 6th Floor MS-M
San Bernardino, CA 92401-1400
Attn:
Jean Colver
Right of Way Department
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10. State agrees to defend indemnify and hold harmless the grantor from any liability arising out of State's
operations under this agreement. State further agrees to assume responsibility for any damages
proximately caused by reason of State's operations under this agreement and State will, at its option,
either repair or pay for such damage.
11. Grantor warrants that there are no oral or written leases on all or any portion of the property
exceeding a period of one month, and the grantor agrees to hold State harmless and reimburse State
for any and all of its losses and expenses occasioned by reason of any lease of said property held by
any tenant of grantor for a period exceeding one month.
c.
STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
,.
Page 4 of4
RW 8-5 (4/93)
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In Witness Whereof, the parties have executed this agreement the day and year first above written.
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CITY OF SAN BERNARDINO, Grantor
BY:
PATRICK J. MORRIS, Mayor
ATTEST:
RACHEL CLARK, City Clerk
r
-l'
ES F. PENMAN, City Attorney
Recommended for Approval:
;"',"';"~ .
STATE OF CALIFORNIA
Department of Transportation
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By
JEAN COLYER
Right of Way Agent
By
PATRICIA L. SMITH
Right of Way Project Delivery Manager
San Bernardino Office
Southern Right of Way Region
By
YOSHIKO HENSLEE, Chief
RNIJ Acquisition
Assistance Branch
San Bernardino Office
Southern Right of Way Region
Date
No Obligation Other Than Those Set Forth Herein Will Be Recognized
C Contrli\191688.cont (ide)
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Space above this line for Recorder's Use
APN E.A.
GRANT DEED
(CORPORATION)
District County Route Post Number
08 SBd 215 8.60(KP) 19168-1
& 19168-3
THF rTTV OJ::' ,AN RFRNARnTNn ~ ml1n;l"'ip~;d rn"'pnr!lf'inn
~~HlIiottJc:lrganized and existing under and by virtue of
"-
the laws of the State of
Ca1 i fornia
, does hereby GRANT to the STATE OF CALIFORNIA all
that real property in the City of San Bernardino, County of San Bernardino. State of California.- described as:
SEE EXHIBIT "An
EXHIBIT "2"
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08-SBd-215-8.60(KP)-19168 (19168-1)
Form RW 6-1 (C) (Revised 4196)
1Q'~nfrm nnr.r:;,/11l?nn~ 7'00 AU
EXHIBIT "It'
_.
'- That portion of Lot 23, Block 1 of Tract No. 1963 Scenic Knolls, situated in
the City of San Bernardino, County of San Bernardino, State of California, as
shown on a Map recorded in Book 28, Page 52 of Maps in the Office of the
County Recorder of said County, described as follows:
BEGINNING at the most Northerly corner of said Lot 23; thence along the
Northwesterly line of said Lot, South 63046'36" West, 5.587 meters (18.33
feet) to the beginning of Course "A"; thence along said Course "A",
South 29008'08" East, 6.145 meters (20.16 feet); thence North 14027'28" East,
8.092 meters (26.55 feet) to the POINT OF BEGINNING.
This conveyance is made for the purpose of a freeway and the grantor hereby
releases and relinquishes to the grantee any and all abutter's rights,
including access rights, appurtenant to grantor's remaining property, in and
to said freeway, over and across said Course "A".
The bearings and distances used in the above description are based on the
California Coordinate System of 1983, Zone 5. Multiply distances shown by
1.00006157 to obtain ground level distances.
'-
08-SBd-215-8.60-19168 (19168-1)
This real propertV description has been prepared by me. or under my dircction. in conformance with the Professional
Land Su 01S C!.
Date t'Jo/IJOt'.
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The grantor further understands that the present intention of the grantee is to construct and maintain a public highway on the lands
hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to
r granto(s remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or
'"-' maintenance of said highway,
IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate
seal to be affixed hereto, this day of , 2006,
CITY OF SAN BERNARDINO
By
PATRICK J, MORRIS, Mayor
ATTEST:
RACHEL CLARK, City Clerk
County of
} 55
PERSONAL ACKNOWLEDGMENT
STATE OF CALIFORNIA
On this the _ day of
20_ , before me,
Name, Title of Officer.E.G" "Jane Doe, Notary Public"
'--
Personally appeared
Name(s) of Signer(s)
= Personally known to me
= 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 _ hislherltheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted. executed the instrument
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
(for notary seal or stamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property
described In the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this day of , ~
Director of Transportation
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By
Attorney in Fact
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EASEMENT DEED
(CORPORA nON)
. .
District Countv Route Post Number
08 SBd 215 8.60(KP) 19168 -2
Space above this line for Recorder's Use
APN E A
THE CITY OF Sfu~ BERNARDINO, a municipal corporation ----
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nn Does Hereby
GRANT to the State of California an EASEMENT for temporary construction purposes and incidents thereto
upon, over and across that certain real property in the City of San Bemardino , County of San Bernardino,
Slate of California, described as follows:
SEE EXHIBIT "A"
EXHIBIT "3"
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08-SBd-215-8.60(KPH9168 (19168-2)
Form RW 6-1 (Q) (Revised 4/96)
19168TCEfrm.DOC5111/20067:11 AM
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EXHIBIT "K'
"'-
That portion of Lot 23, Block 1, Tract No. 1963 Scenic Knolls, situated in the
City of San Bernardino, County of San Bernardino, State of California, as
shown on a Map recorded in Book 29, Page 52 of Maps, in the Office of the
County Recorder of said County, more particularly described as follows:
BEGINNING at a point on the Northwesterly line of said Lot, distant thereon
South 63046'36" West, 5.587 meters (18.33 feet) from the most Northerly
comer of said Lot; thence South 29008'08" East, 6.145 meters (20.16 feet);
thence South 14027'28" West, 31.581 meters (103.61 feet); thence
North 29008'08" West, 30.125 meters (98.84 feet) to said Northwesterly line;
thence along said Northwesterly line, North 63046'36" East, 27.392 meters
(89.87 feet) to the POINT OF BEGINNING.
The bearings and distances used in the above description are on the
California Coordinate System of 1983, Zone 5. Multiply distances shown by
1.00006517 to obtain ground level distances.
The easement herein granted shall become effective upon execution of this
document and shall terminate on March 31. 2011 or upon filing of Notice of
Completion, whichever occurs first.
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08-SBd-215-8.60-19168 (19168-2)
This real property description has been prepared by me, or under my direction, in conformance with the Professional
Land ~ Act.
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Date ()o/I J()(,
/
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Number
19168-2
II
IN WITNESS WHEREOF. said corporation has caused its corporate name to be hereunto subscribed and its corporate
.,-.' .eal to be affixed hereto. this day of . 2006.
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CITY OF SAN BERNARDINO
By
PATRICK J, MORRIS. Mayor
ATTEST:
RACHEL CLARK, City Clerk
County of
} 55
PERSONAL ACKNOWLEDGMENT
STATE OF CALIFORNIA
On this the _ day of
20_ , before me,
Name. Trtle of Officer-E.G. "Jane Doe. Notary Public"
Personally appeared
Name(s) of Sign.r(s)
,---. -= Personally known to me
= 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/herltheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted. executed the instrument.
WITNESS my hand and official seal.
(Notary Public's signature in and for said County and State)
(for notary seal or stamp)
THIS IS TO CERTIFY. That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281). hereby accepts for public purposes the real property
described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this day of . 20
Director of Transportation
By
Attorney in Fact
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