HomeMy WebLinkAbout31-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Public Hearing 4:30p.m. - Resolution
Authorizing Execution of Agreement - Sale of a
portion of City Water Department owned parcel
of real property generally located northwesterly
of Bonita Vista Drive, south of 40th Street and
west of Del Rosa Avenue
Dept: Development Services
Date: December 20, 2006
File No. 15.05-249 MCC Date: January 8,2007
Synopsis of Previous Council Action:
12/04/2006: Resolution No. 2006-420 adopted establishing fair market value and minimum sale
price for a portion of City Water Department owned parcel of real property generally located
northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa Avenue and
public hearing set for January 8,2007.
Recommended Motion:
I. That the Public Hearing for the sale ofa portion of City Water Department owned parcel of
real property generally located northwesterly of Bonita Vista Drive, south of 40th Street,
west of Del Rosa Avenue, be closed.
2.
Adopt Resolution.
h(/.~
Valerie C. Ross
Contact person: Jeanne'marie Fitzpatrick Phone: 5328
Staff Report /Maps/Reso.l
Supporting data attached:AgreementlDeed Ward: 4
FUNDING REQUIREMENTS: Amount:
None
Source: (Accl. No.) N/A
(Accl. Description) N/A
Finance:
Council Notes:
Agenda Item No.
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I ('/07
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing and Resolution Authorizing Execution of Agreement - Sale of portion of City Water
Dep,artment owned parcel of real property generally located northwesterly of Bonita Vista Drive, south of
40" Street and west of Del Rosa Avenue.
BACKGROUND:
In 1978, the City of San Bernardino Water Department acquired the service area and the real property
assets of Dillson Mutual Water Company, including a 9 feet by 12.5 feet parcel ofland located
northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa A venue (Vicinity Map
attached). There is a well site located on the property; however, the well was abandoned at the time the
Department took over the service area of Dillson Mutual Water Company. The site is not used as a source
of water supply and the Water Department has no plans to use this site in the future. Recently the Water
Department removed the pump house located on the property, including the required abatement of all lead
based paint.
The parcel is located on a larger parcel of land owned by Alfred M. Sessions (Parcel Map attached). VIr.
Sessions has requested to purchase this parcel since it is surrounded by his property. Staff has deternlined
the fair market value of this parcel to be a nominal $500 based on the following criteria: I) The parcel is
no longer needed by the City or the Water Department for its intended use nor any other City use; 2) Due
to its size and location, the highest and best use of the property is to the surrounding property; and 3) The
added value to the surrounding property is of minimal value since the parcel is not needed for access to
the surrounding parcel, but does allow for a more unrestricted use of the surrounding property.
Comparable sales would not be applicable to this parcel based on the above stated issues.
On November 7, 2006, the Board of Water Commissioners declared this portion of property to be surplus
land and approved the sale of this property. Section 2.65.030 of the San Bernardino Municipal Code
states that property valued at less than $25,000 may be sold without the need for competitive bid as long
as the sales price is not less than the fair market value of the property. On December 4, 2006, Resolution
No. 2006-420 was adopted setting fair market value of the portion of parcel ofland at $500, and setting a
public hearing for Monday, January 8, 2007. City departments were notified of the proposed sale and no
conflicts were noted.
FINANCIAL IMPACT:
All net sales proceeds will go to the Water Department. The buyer will pay all recording costs.
RECOMMENDA nON:
That the hearing be closed and the attached resolution be adopted.
I Location of Parcel. I
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VICINITY MAP
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CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
PUBLIC WORKS DIVISION
AL PROPERTY SECTION
Sale of City Water Department Property -
northwesterly of Bonita Vista Drive, south of
40th Street and west of Del Rosa Avenue
-
Indicates un-incorporated areas
within City's Sphere of Influence
File No.: 15.05-249
Date: 11/08/06
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3 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
4 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
5 PROPERTY GENERALLY LOCATED NORTHWESTERLY OF BONITA VISTA
DRIVE, SOUTH OF 40TH STREET AND WEST OF DEL ROSA AVENUE IN THE CITY
6 OF SAN BERNARDINO TO ALFRED M. SESSIONS.
RESOLUTION NO.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
8 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and
authorized to execute on behalf of said City, a Sales and Purchase Agreement and Quitclaim
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Deed. a cop-y of which is attached hereto as Exhibit "I n. for the sale of certain City property
12
located northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa A venue. in
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14 said City to Alfred M. Sessions, and more fully described in detail in said Exhibit.
15 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.
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12/11/06 Sanders
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RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZI:\'G THE
EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A
QUITCLAIM DEED FOR THE SALE OF CITY PROPERTY GENERALLY LOCATED
NORTHWESTERLY OF BONITA VISTA DRIVE, SOUTH OF 40Tl1 STREET AND WEST OF DEL ROSA
1 A VENUE IN THE CITY OF SAN BERNARDINO TO ALFRED M. SESSIONS,
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3
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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
he Id on the
day of
. 20_, by the following vote, to
ABSTAIN ABSENT
19
City Clerk
20 The foregoing resolution is hereby approved this
day of
.20_
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Approved as to forn1:
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25
Patrick J. Morris. Mayor
City of San Bernardino
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(<4~Nh J.~
26 Ja es F. Penman, City Attorney
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t 2/28/06
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SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of ,2007,
by and between the CITY OF SAN BERNARDINO. a municipal corporation ("SELLER") and
ALFRED M. SESSIONS ("BUYER") mutually agree as follows:
I. SELLER, for full consideration, in the amount of Five Hundred Dollars (5500.00), shall
deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property
generally located northwesterly of Bonita Vista' Drive. south of 40th Street and west of Del
Rosa Avenue, in the City of San Bernardino, ("PROPERTY") more fully described in the
Quitclaim Deed attached hereto and made a part hereof as Exhibit "A".
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred
Dollars ($500.00), receipt of which is hereby acknowledged. SELLER is selling said
PROPERTY to BUYER and BUYER accepts from SELLER said PROPERTY in an "as-is"
condition, including the existence of any liens, encumbrances and easements on said
PROPERTY.
3. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors, officers,
agents and employees from any and all costs, claims, damages, injuries, causes of action or
liability of any nature arising out of or related to this Agreement except when caused by the
sole negligence or willful misconduct by SELLER.
4. BUYER shall pay all recording fees.
5. No obligation other than those set forth herein will be recognized.
IN WITNESS WHEREOF. the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
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BY:
ALFRED M. SESSIONS
PATRICK J. MORRIS, Mayor
Approved as to form:
ATTEST:
.lames F. Penman, City Attorney
Rachel Clark. City Clerk
EXHIBIT 1
REQUESTED BY AND
~ WHEN RECORDED MAlL TO:
Alfred M. Sessions
.. North "0" Street, Suite 101
. Bernardino, CA 92401
APl'\: 0155-021-06
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, a municipal corporation as successor in interest to Oillson Mutual Water Company,
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to ALFRED M, SESSIONS, (hereinafter
"Buyer") the following real property located in the City of San Bernardino, County of San Bernardino, State
of California, described as follows:
That portion of Lot 12, S. W, Lillie Tract, as recorded in Book 9 of Maps, Page 12, records of the County of
San Bernardino described as follows: Commencing at a point on the east line of said Lot 12, said point
being South 000 04' East, a distance of 135,SO feet from the northwest comer of said Lot 12; thence west
IIS,S7 feet to the True Point of Beginning; thence south 12.5 feet; thence west 9 feet; thence north 12.5 feet;
thence east 9 feet to the Point of Beginning.
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CITY OF SAN BERNARDINO
DATE:
")y:.':: 1'<" 'ti:.) ~"/'
. ~-i'A TRICK J. MORRIS. Mayor
,
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
)
) S.5.
)
On
before me,
, a notary public, 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.
WlTl'\ESS my hand and official seal.
e Signature
EXHIBIT A
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SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of ,2007,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
ALFRED M. SESSIONS ("BUYER") mutually agree as follows:
1. SELLER, for full consideration, in the amount of Five Hundred Dollars (S500.00), shall
deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property
generally located northwesterly of Bonita Vista Drive, south of 40th Street and west of Del
Rosa Avenue, in the City of San Bernardino, ("PROPERTY") more fully described in the
Quitclaim Deed attached hereto and made a part hereof as Exhibit "A".
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred
Dollars ($500.00), receipt of which is hereby acknowledged. SELLER is selling said
PROPERTY to BUYER and BUYER accepts from SELLER said PROPERTY in an "as-is"
condition, including the existence of any liens, encumbrances and easements on said
PROPERTY.
3. BUYER agrees to indemnify, defend and hold hamlless the SELLER. its directors, officers.
agents and employees from any and all costs, claims, damages, injuries, causes or action or
liability of any nature arising out of or related to this Agreement except when caused by the
sole negligence or willful misconduct by SELLER.
4. BUYER shall pay all recording fees.
5. No obligation other than those set forth herein will be recognized.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
BY:
ALFRED M. SESSIONS
PATRICKJ. MORRIS. Mayor
Approved as to form:
\
ATTEST:
Rachel Clark, City Clerk
l
EXHIBIT 1
REQUESTED BY AND
I WHEN RECORDED MAlL TO:
Alfred M. Sessions
~ North "D" Street, Suite 101
_ Bernardino, CA 92401
APN: 0155-021-06
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, a municipal corporation as successor in interest to Dillson Mutual Water Company,
hereby REMISE, RELEASE AND FOREVER QUITCLAIM to ALFRED M. SESSIONS, (hereinafter
"Buyer") the following real property located in the City of San Bernardino, County of San Bernardino, State
of California, described as follows:
That portion of Lot 12, S. W. Little Tract, as recorded in Book 9 of Maps, Page 12, records of the County of
San Bernardino described as follows: Commencing at a point on the east line of said Lot 12, said point
being South 000 04' East, a distance of 135.80 feet from the northwest comer of said Lot 12; thence west
118.87 feet to the True Point of Beginning; thence south 12.5 feet; thence west 9 feet; thence north 12.5 feet;
thence east 9 feet to the Point of Beginning.
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CITY OF SAN BERNARDINO
DATE:
By:
PATRICK J. MORRIS, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
ST ATE OF CALIFORNIA
On
before me,
, a notary public, personally appeared
personally know" 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.
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