HomeMy WebLinkAboutR36-Economic Development Agency
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CITY OF SAN BERNARDINO
ECONOMIC llEVELOPMENT AGENCY
FROM: Mng.~ie Pacheco
E\L'~lIti\\'.' Director
SUBJECT: Joint Public Hearing - Disposition of vacant
Property located at the northerly terminus
of Little League Drive and north of Nancy
Lane - North Verdemont Area
DATE:
Januar: 3.2007
SynoDsis of Previous Commission/Council/Committee Action(s):
On December 7. 2006. Redevelopment Committee Members Estrada. Johnson and Baxter unanimously voted to
recommend that th~ COl11l11llllity Development Cllllllllission consider this action for approval.
Recommended Motion(s):
Open/Close Joint Public Hearing
(Vla\'or and Common Councill
A: Resolution of the Mayor and COllll11l111 Council of the City of San Bernardino (I) accepting the City of San
Bernardino Board of \Vater Commissioner's recommendation declaring the property located at the northerly
terminus of Little League Drive and nOl'lh of Nancy Lane (1.345 acres APN: 0348-121-18) ("'Property") and
decbring said Property Surplus Prop~rty: (1) approving and authorizing the Mayor to execute that certain
Purchase ~l11d Sale Agreement ("'Agre\?l1lenC) by and between the City of San Bernardino ("City") and the
Redevelopment Agency ofIhe City' of San Bernardino ("'Agency") related to said Property; and (3) consenting
to th\: sale of said Property by the Ag(,llcy to GFR Enterprises, Inc. (Rancho Line, LLC)
(Colllmunitv Develollment Commission)
B: Resl)lutioll of the COllllllunity Dev('lopmt:nt Commission of the City of San Bernardino approving (I) that
certain Purchase and Sale Agreement by and between the City of San Bernardino ("City") and the
Redt'veloplllent Agency of the City of San Bernardino ("Agenc)") related to the property located at the
nOl1herl> terminus of Little League Dri"e and north of Nancy Lance (1.345 acres APN: 0348-121-18)
{'.Property"): (:2) that certain Purch8se and Sale Agreement b)-.' and bet\veen the Agency and GFR Enterprises,
Inc. (Rancho Line, LLC) related to the Prllpertyc: and (3) authorizing the Agency Executive Director to execute
said Pun:hase and Sale Agreements
Contact Person! s):
Mag.g~e Pacheco
Phone:
(909) 663-1044
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Project Area(sJ
NfA
Ward(s):
Supporting Data Alladled: EI Staff Report EI Resolution(s) [;1] i\greement(s)lContract(s) [;1] Map(s) EI Other(s)
FUNDING REQUIREMENTS: Amount: S 14.000 ct
Source:
See Fiscal Impact (Developer Funds)
SIGNA TURE:
< n12t.~ct A","","'~m:(;':'"""J
,/ Maggil: ,rach~co_ F.\CL"Llli\c Director ~~~~dJa Lindseth, t~~.~~ervices Director
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Commission/CulIlIl.il Notes:
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COMMISSION MEETING AGENDA
Meeting Date: 01/22/2007
Agenda Item Number: K. ~(i1
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E CON 0 1\1 I C n" VEL 0 P MEN TAG E N C Y
STAFF REPORT
_.____.____nn_.._.._n______n__..n_hh__._n.___nnn_n____nh____.........._______h_.U._.____________..._.___n___nn_
JOINT PUBLIC HEARIl"G - OISPOSITlON OF VACANT PROPERTY LOCATED AT THE
NORTHERL y TF:I~MINlJS OF LITTLE LEAGUE DRIVE AND NORTH OF NANCY LANE-
l"ORnl VERDEMONT AREA
BACKGROl":'WICURRENT ISSliE:
GFR Enterprises. Inc.. a California corporation (Rancho Line. LLC) is a local developer ("Developer")
with a main Llftict.' located at 343 North Second Street. Upland. California. and has over 30 years of
experience in real t.'state development comprising of over 7.000 residential properties built and sold.
The Developer just eompleted the Paraiso Estates development of 54 elegant and luxury single-family
homes. off of Belmont Avenue in the nLlrth Verdemont Area ("Area") of the City of San Bernardino
(the "City"). The Developer has been developing up-scale and luxury homes in the City for decades
and 3 years ago. the Developer. and together with Century Homes and the Agency embarked upon the
development of approximately 30 acres of land previously owned by the Agency in order to pave the
way for de\elopment of 107 new singk-I'II11ily home subdivision and 5 acre park along the area of
Palm and Inington i\ venues within the .\rea. The development was completed in 2005.
The Developer O\\ns 65.1 acres of vacant land (APN: 0348-111-25. 26 and APN: 0348-121-21. 25)
located south uf the 1.345 acres of \'acant land located at the northerly terminus of Little League Drive
and north of 1\ancy Lane (the "Propertv") currently dedicated for water purposes and owned by the
City (APN: 0348-121-18). The Propertv is no longer needed by the City Water Department and the
Water Board is rc'commending to tht.' i\layor and Common Council ("Council") that the Property be
declared surplus property. MOreLlI'eL hecause of the location of the Property. contiguration and its
size. the Developer has expressed a need to incorporate and acquire the Property to combine it with
their development of approximately 76 ~Ipscale single-family home subdivision ("Project"). The
Developer has aln:ady prepared their tentative track map (TTM) and has undertaken numerous studies
and is prepared to move expediously with the development of their property including the Property.
Hence, on December 5. 2006. the \Vater Department Board of Commissioners ("Water Board") took
action to recommend to the Counci( that the Property is not needed for water purposes and that the
Property be declared surplus and sold to the Agency at the fair market value price of $6,400 and that
the Property would simultaneously be sold to the Agency who will then sell the Property to the
Developer for tht.' equivalent price. plus appraisal and closing costs, and any other costs that the
Agency/City incurs as a result of t'lcilitaling the sale of the Property.
In compliance \vith the requirements of Health and Safety Code Section 33431. a Public Notice
describing the Purchase and Sale Agrecments vliere published in the San Bernardino County Sun
newspaper of January 8. 2007 and January 15.2007.
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COMMISSION MEETING AGENDA
Meeting Date: 01/22/2007
Agenda Item Number: K :;;',J
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Economic Deyelopmenl Agency Staff Report
GFR Purchas" and Sal"s ,'/gr"OIllOl1'
Page 2
ENVIRONMENTAL IMPACT:
The dispositilll1 of the Property is exempt under Class 12. Section 15312 of the California
Environmental Quality ,\ct (CEQA I, The ell\'irollmental impacts. if any. related to development of the
Project will be assessed as part of the TTM.
FISCAL IMPACT:
All costs associated with the disposition of the Property will be borne by the Developer.
RECOMMENDATION:
That the Ma\Or and Common Council and the Community Development Commission adopt the
attached Resolutions,
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Maggie Pacheco,
xecu tive Director
P ',A!!enda~\(""1l1"1 D~, (,,,,,,,,,,,,,,,, (D(' ~,,,," '.i.::.'" (jfll.l''''CI1.1"'",,d 'i,,,~ \<!'~""'c'''l 'il{ ,I",
COMMISSION MEETING AGENDA
Meeting Date: 01/22/2007
Agenda Item Number: R,3 (,)
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RESOLUTION NO.
RESOLUTION OF' THE 'VIA YOR ANI) COMMON COUNCIL OF THE CITY
OF' SAN BERNAIWINO (I) ACCEPTING THE CITY OF' SAN BERNARDINO
BOARI) OF' \VA TER COMMISSIONER'S RECOMMENI)A nON
I)ECLARINC THE PROPERTY LOCATEI) AT THE NORTHERLY
TERMINUS OF' LITTLE LEAGUE I)RIVE ANI) NORTH OF NANCY LANE
(1.345 ACRES APN: 113.t8-121-18) ("PROPERTY") ANI) I)ECLARING SAID
PROPERTY SURPLUS PROPERTY; (2) APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE THA l' CERTAIN PURCHASE AND SALE
AGREEI\IE:'>T ("AGREEI\IENT") BY ANI) BETWEEN THE CITY OF SAN
BERNAIWINO ("CITY") ANI) THE REI)EVELOPMENT AGENCY OF THE
CITY OF' SA:'> BEIOiARIHNO ("AGENCY") RELATED TO SAID
PROPERTY; ANI) (3) CONSENTING TO THE SALE OF SAID PROPERTY
BY THE AGENCY TO GFR E:-iTERPRISES, INC. (RANCHO LINE, LLC)
11 \VHEREAS. the City of San Bernardino (the "City"). is a municipal corporation and charter
12 city. duly organized and existing pUNlant to the pro\'isions of the constitution of the State of
13 California ("StateU): and
14 WHEREAS. the Redevelopment Agency of thc City of San Bernardino ("Agency") is a
e 15 public hod). corporatc and Plllitic ,'rganizcd and 1'<11 idly existing under the laws of the State and the
16 Agency is authorized undcr State L,lIIto acquire and dispose of real property: and
17 WHEREAS. the City is the current owner of that certain real property consisting of
18 approximately 1.3.t5 acres (A 1';-\ : 11348-121-18) located at the northerly terminus of Little League
19 Drive and north of Nancy Lane in the Citv (the "PropertvU). and the City desires to dispose of the
20 Property to the Agency: and
21 WHEREAS. on December 5. 2006. the City's Board of Water Commissioners declared that
22 the Property is no longer necessary for lilt' City's use and declared the Property as "surplus
23 propert)" and made a rccommcndation to thL' Mayor and Common Council of the City of San
24 Bernardino ("Council") to declarc the Propcrty surplus and authorized the transfer of the Property
25 to the Agency, and that the Agency ultimatcly dispose of the Property to GFR Enterprises. Inc.. a
26 California corpllration (Ranchll Linc. LLel (UDc\'ClopcrU) at the fair market value. plus all costs
27 associated with the sale ol'thc I'ruPL'rty: and
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1 WHEREAS. on November 13. 2006. an appraisal of the Property was completed by Tierra
e 2 West Appraisal (the "Appraisal"') eonlinnin~ a fair market value of Six Thousand Four Hundred
3 Dollars ($6.400) ("Fair 'vlarket Value"): ami
4 WHEREAS. the City desires to sell the Property to the Agency at a sales price of not less
5 than the Fair Market Value. plus thL' appraisal and closing costs pursuant to the provisions of the
6 Purchase and Sale A~reement by ami bellleen the City and the Agency. the Charter of the City and
7 the prO\isions of the 'vlunicipal Code. including. without limitation. Section 2.65.050; and
8 WHEREAS. the Agency is entering into a Purchase and Sale Agreement with the
9 Dev"eloper. pursuant to v\l1ich the Agency lI"ill simultaneously. with its purchase of the Property
10 from thL' City. sell the Pn1pertv to the De\elo['LT It))" the Fair Market Value. plus closing costs. and
11 any other assoeiated cost incurred by the City or the Agency and the Council must consent to said
12 sale of Property by the Agency to the Developer: and
13 WHEREAS. the sale of the Propertv to the Agency. and the Agency to the Developer is
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14 exempt under Class 12. Guidelines Section I :'312 of the California Environmental Quality Act
15 (CE<)A): and
16 WHEREAS. it IS appropriate for the Council and the Community Development
17 Commission ("C\)mmission") to takc action II ith respect to the sale of the Property to the Agency
18 and the subsequent disposition of the Propertv to the Developer.
19 NOW. THEREFORE. IT IS HEREBY RESOLVED. DETERMINED AND ORDERED BY
20 THE !VIA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO. AS
21 FOLLOWS:
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Section l.
The Recitals contained in this Resolution are true and correct in all respects.
Section 2.
On January 22. 2007. the Cmincil and the Commission conducted a full and
24 fair joint public hearing and consilkrcd thc v\Titten Agency Staff Report together with all other
25 documents relating to the sale of the Propcrt\ and the Council determined that the sales price of
26 $6.400 is considered to be not less than the Fair Market Value of the Property pursuant to the
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27 Appraisal report and the Commission concurs with said determination and hereby approves the
28 Purchase and Sale Agreement by ,lI1d between the Agency and the City; and the Purchase and Sale
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1 Agreement by and bd\\een the Agency and the Developer. The minutes of the City Clerk for the
e 2 January 22. 2007. ,ioint public hearing 01" the Council and the Commission shall include a record of
3 all communication and testimony submitted [0 the Council and the Commission at the joint public
4 hearing by interested persons relating to the Purchase and Sale Agreements.
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Section 3.
The !'vlayor is hereby authorized and directed to execute the Purchase and
6 Sale Agreement by and between the Agency and the City. and the Executive Director of the
7 Agenc\ is hereby authorized and directed ll1 ewcute the Purchase and Sale Agreement by and
8 bel\\een the Agency and the De\'e1oper. and to take all actions set forth in the agreements to close
9 the escn)\\ transactions described therein and make such technical and conforming changes as
10 approved by the Agency Counsel.
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Section -t.
The Council hereby linds that thc sale of the Propeny is exempt in
12 compliance with CH.>A and the determination notice shall be prepared and filed with the County
13 Clerk \\ ithin live (51 days from dale of the action of the Commission and the Council.
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Section 5.
This Resolution shall take effect upon its adoption and execution tn the
manner as required b\ the City Charter.
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RESOLUTION OF THE MA YOI~ AND COMMON COUNCIL OF THE CITY
OF SAN BER'iARDlNO (1) ACCEI'TlNG THE CITY OF SAN BERNARDINO
BOARD OF WATER COl\IMISSIONER'S RECOMMENDATION
I>ECLAR)1\(; THE PROI'ERTY LOCATE I> AT THE NORTHERLY
TERMI'il'S OF LITTLE LEA(;l'E I>RIVE ANI) NORTH OF NANCY LANE
(1.3-t5 ACRES AI'N: 03-tS-I2I-ISI ("PROI'ERTY") AND DECLARING SAID
PROPERTY Sl'RI'Ll'S PIWI'ERTY: (2) APPROVING AND AUTHORIZING
THE MAYOR TO EXECUTE THAT CEIU AIN PURCHASE AND SALE
AGREEl\IENT ("AGIU:E!\IENT") BY AND BETWEEN THE CITY OF SAN
BERNARDI:\'O ("CITY") ANI> THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO ("AGENCY") RELATED TO SAID
PROI'ERT\; A'il> (3) CO'iSE'iTl;\!(; TO THE SALE OF SAID PROPERTY
BY THE ACE'iCY TO GFR ENTERPRISES, INC. (RANCHO LINE, LLC)
I HEREUY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council oJ'the City "J'S:111 Bernardino at a
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meeting thereof,
, ~()07, by the ll111,"\\ing vote to wit:
Nays
Abstain
Absent
Rachel G, Clark. City Clerk
22 The fl1rcgoing Re""lution is hereby :lppl'll\~d this ___day oj'
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Patrick J, Morris. Mayor
City of San l3ernardino
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PURCHASE AND SALE AGREEMENT
Parcel Located at northerly terminus of Little League Drive and north of Nancy Lane
(1.345 acres APN: 0348-121-18)
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered
into as of the 22nd day of January 2007, by and between the Redevelopment Agency of the City
of San Bernardino ("Buyer"), and the City of San Bernardino ("Seller").
RECITALS
(A) The Buyer is a public body corporate and politic organized and validly existing
under the laws of the State of California (the "State"), and the Seller is a municipal corporation
organized and validly existing under the Constitution ofthe State.
(B) Seller owns certain property located in the City of San Bernardino, County of San
Bernardino more particularly described in Exhibit "A" hereto (the "Property").
(C) Buyer intends to enter into a certain Purchase and Sale Agreement, whereby
Buyer will convey the Property to GFR.Enterprises, Inc., a California corporation (Rancho Line,
LLC) (the "Developer"). The Developer intends to develop the Property as part of the
development of Tract No. 17812 as provided in the Purchase and Sale Agreement. The
Developer will pay a purchase price for the Property of $6,400. The Buyer and Seller wish to
provide for a conveyance of the Property from the Seller to the Buyer in order that the Buyer
may convey the Property to the Developer pursuant to the Purchase and Sale Agreement.
(D) The Seller and Buyer have duly approved the transactions contemplated by this
Agreement by approval of their respective governing bodies and in order to set forth the terms
and conditions of such purchase and sale, the Buyer and Seller desire to enter into this
Agreement.
NOW, THEREFORE, for and in consideration of the foregoing Recitals and the mutual
agreements hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I
PURCHASE AND SALE
Section 1.01. Purchase and Sale. Subject to the terms and conditions of this
Agreement, Seller hereby agrees to sell, transfer and convey to the Buyer, and the Buyer hereby
agrees to purchase from Seller, all of Seller's right, title and interest in and to the Property,
excluding water rights.
Section 1.02. Purchase Price. The purchase price for the Property shall be Six
Thousand Four-Hundred Dollars ($6,400) (the "Purchase Price"). An MAl appraisal of the
Property has been conducted by Tierra West Appraisal (the "Appraiser"). According to the
report prepared by the Appraiser, the fair market value of the Property is $6,400. All amounts
PJAgendas\Agenda AnachmenlslAgrmts-Amend 2007\01-22-07 GFR PurehaR and Sale Arr~menl _ City 10 Agern:y doc
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received by the Buyer from the Developer under the Purchase and Sale Agreement for payment
of all or any portion of the purchase price thereunder shall, in turn, be paid by the Buyer to the
Seller hereunder. The Seller hereunder shall be considered a third party beneficiary of the
Buyer's rights under the Purchase and Sale Agreement.
Section 1.03. Cash at Closing. The $6,400 Purchase Price shall be paid to Seller
in cash at Closing (as defined in Section 3.01 hereof). .
ARTICLE II
TITLE INSURANCE
Section 2.01. Seller's Obligation to Provide Title Insurance. Seller shall deliver
to the Buyer, within ten (10) days after the execution and delivery of this Agreement by both
parties (the "Effective Date"), a preliminary title report for an owner's title policy issued by
Orange Coast Title Company, together with legible copies of all restrictive covenants, easements
and other items listed as title exceptions therein (each a "Title Defect"). The title policy to be
issued to the Buyer pursuant to this section shall ensure fee simple title to the Buyer in the
amount of the Purchase Price, as adjusted pursuant hereto, subject only to the exceptions shown
therein to which the Buyer has agreed in writing. The Buyer shall have five (5) days after its
receipt of the preliminary title report within which to disapprove any Title Defects shown
therein, such approval or disapproval to be within the Buyer's reasonable discretion. If the
Buyer fails to disapprove any particular Title Defect by written notice delivered to and received
by Seller within such time period, then the Buyer shall be deemed to have approved such title
Defect. If the Buyer disapproves any such Title Defect by written notice delivered to and
received by Seller within such time period, then the Buyer may terminate this Agreement unless
Seller (without any obligation to do so) cures the Buyer's objection to such Title Defect. Title
Defects which the Buyer approves or has been deemed to have approved pursuant to this Section
shall have the option to either (a) extend the Closing by that period of time which is reasonably'
required by Seller to satisfy the title requirement or to cure the Title Defect, or (b) terminate this
Agreement by written notice to the Buyer in accordance with the notice provisions of this
Agreement.
ARTICLE III
CLOSING
Section 3.01. Closing Through Escrow. Subject to the provisions of this
Agreement, the Buyer and Seller shall consummate and close the purchase and sale of the
Property contemplated by this Agreement when all of the conditions of closing for the benefit of
the parties hereto have been satisfied or waived, and when and if all conditions precedent to the
close of escrow under the Purchase and Sale Agreement have been satisfied, but in no event later
than July 31, 2007 (the "Closing"). Subject to the provisions of this Agreement relating to the
extension of the Closing, if the Closing does not occur as a result of the failure of a condition,
then the party hereto for whose benefit the condition exists may terminate this Agreement, in
which event the parties hereto shall have no further rights or obligations pursuant to this
Agreement.
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The transfer and sale of the Property shall take place through an escrow (the
"Escrow") to be administered by Orange Coast Title Company or such other escrow or title
insurance company mutually agreed upon by the Buyer and the Seller (the "Escrow Agent").
The Escrow shall be deemed open upon the receipt by the Escrow Agent of a fully executed copy
of this Agreement. The Escrow Agent shall promptly confirm to the parties the escrow number
and the title insurance order number assigned to the Escrow.
The Buyer and the Seller each agree to execute the customary supplemental
instructions in the form provided by the Escrow Agent to its clients in real property escrow
transactions administered by it.
Section 3.02. Seller's Obligations at Closing. At Closing, Seller shall deliver to
the Escrow Agent the following documents (all duly executed and acknowledged by Seller,
where required):
a. Deed. A quitclaim deed in substantially the form attached to this
Agreement as Exhibit "B", executed by Seller and conveying the Property to the Buyer, subject
to no exceptions other than those agreed to by the Buyer.
b. Title Policv. A commitment by the Title Company to issue an owner's
title policy in CLTA standard form, naming the Buyer as the insured in the amount of the
Purchase Price, insuring that the Buyer owns fee simple title to the Property, subject only to such
exceptions as are agreed to by the Buyer
Section 3.03. Buver's Obligation at Closing. At Closing, the Buyer shall deliver
to the Seller, the Purchase Price in cash or by wire transfer of readily available U.S. funds.
Section 3.04. Closing Costs. Seller shall pay all closing costs.
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IN WITNESS WHEREOF, the parties hereto have executed this Purchase and
Sale Agreement as of the date first above written.
"BUYER"
Redevelopment Agency of the City of San Bernardino
By:
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
"SELLER"
City of San Bernardino
By:
Patrick J. Morris, Mayor
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EXHIBIT "A"
Legal Description
All that certain real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel No. I
That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the u.S. Government township plat thereof, described as
follows:
Commencing at the intersection of the West line of said Section 36 with the North line of the
Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, page 23, records of the
County Recorder of said County; thence North 01024' 24" West along said West line of Section
36, a distance of 1,063.47 feet; thence South 61035' 04" East, a distance of 220.40 feet to the
True Point of Beginning; thence continuing South 610 35' 04" East, a distance of 222.00 feet;
thence North 280 ~4' 56" East a distance of 264.00 feet; thence North 610 35' 04" West, a
distance of 222.00 feet; thence South 280 24' 56" West, a distance of 264.00 feet to the True
Point of Beginning.
Parcel No.2
An easement for ingress and egress and for pipe lines and appurtenant facilities, in, over, under
and across that portion of the following described property lying within the Southwest one-
quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Meridian according to
the U.S. Government township plat thereof:
Those portions of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West,
San Bernardino Meridian according to the U.S. Government township plat thereof and those
portions of Block 80 and 81, lrvington Land and Water Company Subdivision as per plat thereof
recorded in Book 1 of Records of Survey, page 32, records of the County Recorder of said
County and being. a strip of land 20.00 feet wide, the centerline thereof being described as
follows:
Beginning at the intersection of the centerlines of Belmont Avenue and Little League Drive
(Cypress Avenue) as said Streets are delineated on the Map of said Irvington Land and Water
Company Subdivision; thence North 270 44' 30" East along said centerline of Little League
Drive (Cypress Avenue), a distance of 689.66 feet; thence North 630 20' 00" West, a distance of
8.00 feet; thence North 280 07' 37" East, a distance of 351.68 feet to the beginning of a tangent
curve, concave Westerly and having a radius of 234.13 feet; thence Northerly along said curve
through a central angle of280 44' 52", a distance of 117.47 feet; thence North 00 37' 15" West, a
distance of 41.05 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 367.95 feet; thence Northerly along said curve through a central angle of 270 29' 22", a
distance of 176.54 feet; thence North 260 52' 07" East a distance of 58.23 feet to a point on the
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centerline of Ohio A venue, said point being Northwesterly thereon, a distance of 98.12 feet from
its intersection with the centerline of said Little League Drive (Cypress Avenue); thence
continuing North 260 52' 07" East, a distance of 77.24 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 183.64 feet; thence Northeasterly along said curve
through a central angle of 360 II' 15", a distance of 115.98 feet; thence North 630 03' 22" East a
distance of 30.45 feet to the beginning of a tangent curve, concave Northwesterly and having a
radius of 90.44 feet; thence Northeasterly along said curve through a central angle of 510 53'
15", a distance of 81.90 feet; thence North 110 10' 07" East a distance of 59.08 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of 196.14 feet; thence
Northeasterly along said curve through a central angle of 36040' 15", a distance of 125.53 feet;
thence North 470 50' 22" East, a distance of 79.11 feet to the beginning of a tangent curve
concave Westerly and having a radius of 132.92 feet; thence Northerly along said l:urve through
a central angle of 620 05' 07", a distance of 144.03 feet; thence North 140 14' 45" West, a
distance of 52.39 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 139.02 feet; thence Northerly along said curve through a central angle of 460 41' 22", a
distance of 113.28 feet; thence North 320 26' 37" East, a distance of 84.58 feet to the beginning
of a tangent curve, concave Westerly and having a radius of 151.54 feet; thence Northerly along
said curve through a central angle of 430 12' 04", a distance of 114.26 feet; thence North 10045'
27" West, a distance of 212.27 feet to the beginning of a tangent curve, concave Easterly and
having a radius of 198.91 feet; thence Northerly along said curve through a central angle of 110
29' 00", a distance of 39.87 feet; thence North 00 43' 33" East, a distance of 79.20 feet to the
beginning of a tangent curve, concave Westerly and having a radius of 691.99 feet; thence
Northerly along said curve through a central angle of 160 26' 45", a distance of 198.62 feet;
thence North 15043' 12" West, a distance of 64.27 feet to the beginning of a tangent curve,
concave Easterly and having a radius of 143.09 feet; thence Northerly along said curve through a
central angle of 380 31' 22", a distance of 96.20 feet; thence North 220 48' 10" East, a distance
of 62.32 feet to the beginning of a tangent curve concave Southeasterly and having a radius of
1590.77 feet; thence Northeasterly along said curve through a central angle of 020 31' 15" a
distance of 69.99 feet; thence North 250 19' 25" East a distance of 211.85 feet to a point in the
Southwesterly line of Parcel No. I hereinabove described, said point being Southeasterly
thereon, a distance of 105.00 feet from the most Westerly corner thereof, and the Point of
Termination.
EXCEPTING therefrom those portions thereof as previously dedicated for Street purposes.
The sidelines of said easement shall terminate in the Southwesterly line of said above described
Partel No. I.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain
and repair the pipe lines and appurtenant facilities.
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EXHIBIT "8"
Quitclaim Deed
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RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
201 NORTH "E" STREET, SUITE 301
SAN BERNARDINO, CALIFORNIA 92401
(Space Above for Recorder's Use)
Recording Fee Exempt Pursuant to Government Code Section 6103
QUITCLAIM DEED
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QUITCLAIM DEED
Documentary Transfer Tax -0-
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City
of San Bernardino, a municipal corporation, hereby REMISES, RELEASES and
QUITCLAIMS to Redevelopment Agency of the City of San Bernardino all that real property
situated in the City of San Bernardino, County of San Bernardino, State of California, described
as:
SEE EXHIBIT "A" hereto
Dated:
,2007
City of San Bernardino
Patrick J. Morris, Mayor
(STATE OF CALIFORNIA)
(COUNTY OF SAN BERNARDINO)
On
before me,
(h
ere insert name and title of the officer),
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 hislher/their
authorized capacity(ies), and that by hislher/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
(Seal)
WITNESS my hand and official seal.
Signature
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EXHIBIT "A"
Property Description
All that certain real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel No. 1
That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the U.S. Government township plat thereof, described as follows:
Commencing at the intersection of the West line of said Section 36 with the North line of the Rancho
Muscupiabe as per plat thereof recorded in Book 7 of Maps, page 23, records of the County Recorder
of said County; thence North 010 24' 24" West along said West line of Section 36, a distance of
1,063.47 feet; thence South 610 35' 04" East, a distance of 220.40 feet to the True Point of
Beginning; thence continuing South 61035' 04" East, a distance of222.00 feet; thence North 280 24'
56" East a distance of 264.00 feet; thence North 61035' 04" West, a distance of 222.00 feet; thence
South 280 24' 56" West, a distance of264.00 feet to the True Point of Beginning.
Parcel No.2
An easement for ingress and egress and for pipe lines and appurtenant facilities, in, over, under and
across that portion of the following described property lying within the Southwest one-quarter of
Section 36, Township 2 North, Range 5 West, San Bernardino Meridian according to the U.S.
Government township plat thereof:
Those portions of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the U.S. Government township plat thereof and those portions of
Block 80 and 81, lrvington Land and Water Company Subdivision as per plat thereof recorded in
Book I of Records of Survey, page 32, records of the County Recorder of said County and being a
strip ofland 20.00 feet wide, the centerline thereof being described as follows:
Beginning at the intersection of the centerlines of Belmont Avenue and Little League Drive (Cypress
Avenue) as said Streets are delineated on the Map of said lrvington Land and Water Company
Subdivision; thence North 270 44' 30" East along said centerline of Little League Drive (Cypress
Avenue), a distance of 689.66 feet; thence North 630 20' 00" West, a distance of 8.00 feet; thence
North 280 07' 37" East, a distance of 351.68 feet to the beginning of a tangent curve, concave
Westerly and having a radius of 234.13 feet; thence Northerly along said curve through a central
angle of280 44' 52", a distance of 117.47 feet; thence North 0037' 15" West, a distance of 41.05 feet
to the beginning of a tangent curve, concave Easterly and having a radius of 367.95 feet; thence
Northerly along said curve through a central angle of 270 29' 22", a distance of 176.54 feet; thence
North 26052' 07" East a distance of 58.23 feet to a point on the centerline of Ohio Avenue, said point
being Northwesterly thereon, a distance of 98.12 feet from its intersection with the centerline of said
Little League Drive (Cypress Avenue); thence continuing North 26052' 07" East, a distance of 77.24
feet to the beginning of a tangent curve, concave Southeasterly and having a radius of 183.64 feet;
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thence Northeasterly along said curve through a central angle of 360 11' 15", a distance of 115.98
feet; thence North 630 03' 22" East a distance of 30.45 feet to the beginning of a tangent curve,
concave Northwesterly and having a radius of 90.44 feet; thence Northeasterly along said curve
through a central angle of 510 53' 15", a distance of 81.90 feet; thence North 110 10' 07" East a
distance of 59.08 feet to the begimling of a tangent curve concave Southeasterly and having a radius
of 196.14 feet; thence Northeasterly along said curve through a central angle of 360 40' 15", a
distance of 125.53 feet; thence North 47050' 22" East, a distance of79.11 feet to the'begiillling ofa
tangent curve concave Westerly and having a radius of 132.92 feet; thence Northerly along said curve
through a central angle of 62005' 07", a distance of 144.03 feet; thence North 140 14' 45" West, a
distance of 52.39 feet to the beginning of a tangent curve, concave Easterly and having a radius of
139.02 feet; thence Northerly along said curve through a central angle of 46041' 22", a distance of
113.28 feet; thence North 320 26' 37" East, a distance of 84.58 feet to the beginning of a tangent
curve, concave Westerly and having a radius of 151.54 feet; thence Northerly along said curve
through a central angle of 430 12' 04", a distance of 114.26 feet; thence North 10045' 27" West, a
distance of 212.27 feet to the beginning of a tangent curve, concave Easterly and having a radius of
198.91 feet; thence Northerly along said curve through a central angle of 11029' 00", a distance of
39.87 feet; thence North 00 43' 33" East, a distance of 79.20 feet to the beginning of a tangent curve,
concave Westerly and having a radius of 691.99 feet; thence Northerly along said curve through a
central angle of 160216' 45", a distance of 198.62 feet; thence North 15043' 12" West, a distance of
64.27 feet to the begiillling of a tangent curve, concave Easterly and having a radius of 143.09 feet;
thence Northerly along said curve through a central angle of 380 31' 22", a distance of 96.20 feet;
thence North 220 48' 10" East, a distance of 62.32 feet to the begiillling of a tangent curve concave
Southeasterly and having a radius of 1590.77 feet; thence Northeasterly along said curve through a
central angle of 020 31' 15" a distance of 69.99 feet; thence North 250 19' 25" East a distance of
211.85 feet to a point in the Southwesterly line of Parcel No.1 hereinabove described, said point
being Southeasterly thereon, a distance of 105.00 feet from the most Westerly corner thereof, and the
Point of Termination.
EXCEPTING therefrom those portions thereof as previously dedicated for Street purposes.
The sidelines of said easement shall terminate in the Southwesterly line of said above described
Parcel No.1.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain and
repair the pipe lines and appurtenant facilities.
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P \Agendas\Agenda Altuhmenn\Agrmts_Amend 2007\0 1-22-07 GFR Purchase and Sale Agreemen! . City III Agency_doc
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ACCEPTANCE
By Resolution No. , the Redevelopment Agency of the City of San Bernardino hereby accepts
title to the property described in Exhibit "A" to this Quitclaim Deed.
Dated:
,2007
Redevelopment Agency
of the City of San Bernardino
Maggie Pacheco, Executive Director
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RESOLUTlOl\ ;'1;0.
2
RESOLlTJON OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING (1) THAT CERTAIN
PllRCHASE A:\D SALE AGREE'\IENT BY A1\[) BETWEEN THE CITY OF
SAN BERl\,\RDINO ("CITY") AND THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERi'lARDINO ("AGE;\,CY") RELATED TO THE
PROPERTY LOCATED AT THE NORTHERLY TERMINUS OF LITTLE
LEAGl'E DRIVE AND NORTH OF NANCY LANCE (1.345 ACRES APN:
U3~8-121-18) ("PROPERTY"); (2) THAT CERTAIN PURCHASE AND SALE
..\GREEMENT BY Al\D BETWEEN TilE AGENCY AND GFR
ENTERPRISES, INC. (RANCHO L11\E, LLC) RELATED TO THE
PROPERTY; Al\D (3) AlTHORIZING TilE AGENCY EXECUTIVE
DIRECTOR TO EXEClTE SAI D Pl'RCHASE ,\:\'D SALE AGREEMENTS
3
4
5
6
7
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9
10 WHEREAS. the City of San Bernardino (the "City"). is a municipal corporation and charter
11 city. duly organized and existing pursuant to the prm'isi'\i1s of the constitution of the State of
12 Calil()rn;a ("S\~IIcH I: and
13 WIIERE,\S. the Rede\elopment Agency uf the City of San Bernardino (""Agency") is a
14 public body. corplTate and politic organized and \'alidly existing under the laws of the State and the
Ie' .
~ Agency IS authori/cd under State L.aw to acquire and dispOse of real property; and
16 \VHERF.\S. the City is the current. (\\\nlT of thelt certain real property consisting of
17 approximately U~5 acres (APN: 0348-1 ~ 1-18) located at :he northerly terminus of Lillie League
18 Dri\c aod north or' 1\anc\ Lane in the City (the "Property"i. and the City desires to dispose of the
19 Property to the .\gency: and
20 WHERE\S. un December 5. ~006. the City's Board of Water Commissioners declared that
21 the Property is Ih' longer necessary for the City's use and declared the Property as "surplus
22 property'" and made a recommendation to the Ma\or and Common Council of the City of San
23 Bernardino C'CollllCil") to declare the Property slII'pllls and authorized the transfer of the Property
24 to the ,\gency. ,,,,ei Iha\ the Agency ultimat.;!y dispose of ihe Property to GFR Enterprises, Inc.
25 (Rancho Line. L.ll') (HDe\eloper") at the li\;r market value. plus all costs associated with the sale
26 of the Property: and
27 \\'HERF.-\ '). un November 13, ~OO(). all appraisal 0: the Property was completed by Tierra
e 28 West ,\ppraisal I Ll~ ",\ppraisaIH) cOl1lirmillg ~I r~1Ii' markel value of Six Thousand Four Hundred
f<.3& 8
P ",Ag~rL,l,,, 1;.,,-,,.:,,1"\", Kcs,.i, "",, ~"i'-' "I.::.I'~ (if R I',;'e!)""-' "I ""Ie- A!".~"".", CiJC l{c'", ll.i
1 Dollars 1$6.400) ("'Fair Market Value"): and
2 WHEREAS. the City desires to sell the Pwperty to the Agency at a sales price of not less
e
3 than thL' Fair T\brl;et V,tlue. plus the appr'lisal '1I1ci closing costs pursuant to the provisions of the
4 Purchase and Sak\ureclllent [1\ and bet\lcen the lit\ and the Agencv. the Charter of the City and
~. .... ..
5 the provisions of the ~Iunicipal Code. including. without limitation. Section 2.65.050; and
6 WHERE.'\S. the Agency is entering into a Purl'hase and Sale Agreement with the
7 Dewlol'er. pUrSUlllll to \lhich the Agency will simultanell'"ly. with its purchase of the Property
8 from thc City. scil the I'roperty Il1 the Developcr ti)r the Fair Market Value. plus closing costs, and
9 any othcr associalc.'d cost incurred by the City or thc Agenc:, and the Council must consent to said
10 sale of i'roperty h, the ;\gency to the Developer: and
11 WIIERL\S. the sale of the Property to the Agenc\, and the Agency to the Developer is
12 exempt under CII"s I~. Guidelines Secti'H] 1531 ~ of the l.'alitiwnia Environmental Quality Act
13 (CEl);\ I: and
14 \VHEREAS. it ]s appropriate III l' the Council and the Community Development
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15 Commission ("C,,:nmission")to llIkc action \lith rcspect ((l the salc of the Property to the Agency
16 and the subsequcn: disposition of the Propcrty \0 thc De\'elol'er:
17 \lOW, lHLREroRE. THE COMMl'NITY DEVELOPMENT COMMISSION OF THE CITY
18 OF SX\ BERN,\IWI\JO DOES HEREBY RLSOLVL. DETIX\IINE AND ORDER. AS FOLLOWS:
19
Section 1.
The Recitals Cl'l1lained in this Resolut]on are true and correct in all respects.
20
Section 2.
On January 22. ~007. the ClHllmission and the Council conducted a full and
21 fair joint public hearing and considered the written Agenc\ Staff Report together with all other
22 documcllls relatill~ to the sale of thc Property and the COllncil determined that the sales price of
23 $6.400 is consiLk:'ed to be not bs than the Fair i\.larket Value of the Property pursuant to the
24 Appraisal report and the Commission concurs with said determination and hereby approves the
25 Purch'l:-e and Sa!--- ,'\greement by and bet\\'l'en lhe /\gcncy :,nd the City: and the Purchase and Sale
26 Agreement by 'lIid bet\leen the Agcnl'Y and the Dc'\elope] lhe minutes of the City Clerk for the
27 January :2:2. :2007, joint public heari:lg of the Commission lwd the Council shall include a record of
e 28 all eommlll1icatilll1 and testimony submitted to the Commisc;iol1 and the Council at the joint public
II P Aj:';Il."" 1(., :"1,,,", Kc",I,,'
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,- , - (oI-f{ 1',."'"",, ,LII.' \":,, .-\,",~,'I1"',' (Ill 1<"" 11,1,
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING (I) THAT CERTAIN
PURCHASF AND SALE AGREEMENT BY AND BETWEEN THE CITY OF
SAN BERNARDINO ("CITY") AND THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO ("AGENCY") RELATED TO THE
PROPERTY LOCATED AT THE NORTHERLY TERMINUS OF LITTLE
LEAGUE DRIVE AND NORTH OF NANCY LANCE (1.345 ACRES APN:
0348-121-18) ("PROPERTY"); (2) THAT CERTAIN PURCHASE AND SALE
AGREEMENT BY AND BETWEEN THE AGENCY AND GFR
ENTERPRISES, INC. (RANCHO LINE, LLC) RELATED TO THE
PROPERTY; AND (3) AUTHORIZING THE AGENCY EXECUTIVE
DIRECTOR TO EXECUTE SAID PURCHASE AND SALE AGREEMENTS
10 WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and charter
1 I city. duly organized and existing pursuant to the provisions of the constitution of the State of
12 California ("State"); and
13 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
14 public body, corporate and politic organized and validly existing under the laws of the State and the
_ 15 Agency is authorized under State Law to acquire and dispose of real property; and
16 WHEREAS, the City is the current owner of that certain real property consisting of
17 approximately 1.345 acres (APN: 0348-121-18) located at the northerly terminus of Little League
18 Drive and north of Nancy Lane in the City (the "Property"), and the City desires to dispose of the
19 Property to the Agency; and
20 WHEREAS, on December 5,2006, the City's Board of Water Commissioners declared that
21 the Property is no longer necessary for the City's use and declared the Property as "surplus
22 property" and made a recommendation to the Mayor and Common Council of the City of San
23 Bernardino ("Council") to declare the Property surplus and authorized the transfer of the Property
24 to the Agency, and that the Agency ultimately dispose of the Property to GFR Enterprises, Inc.
25 (Rancho Line, LLC) ("Developer") at the fair market value, plus all costs associated with the sale
26 of the Property; and
WHEREAS, on November 13. 2006, an appraisal of the Property was completed by Tierra
_ 27
28 West Appraisal (the "Appraisal") confirming a fair market value of Six Thousand Four Hundred
P .\gembs ReSlllu!'cJno; Rcsolutwns ~(){I~OI.~!.Oi GFR Purchase anJ SJIc A!!rcc~nt nx Rc~' B d,,,
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1 Dollars ($6,400) ("Fair Market Value"); and
2
WHEREAS, the City desires to sell the Property to the Agency at a sales price of not less
3 than the Fair Market Value, plus the appraisal and closing costs pursuant to the provisions of the
4 Purchase and Sale Agreement by and between the City and the Agency. the Charter of the City and
5 the provisions of the Municipal Code, including, without limitation, Section 2.65.050; and
6 WHEREAS, the Agency is entering into a Purchase and Sale Agreement with the
7 Developer, pursuant to which the Agency will simultaneously, with its purchase of the Property
8 from the City, sell the Property to the Developer for the Fair Market Value, plus closing costs, and
9 any other associated cost incurred by the City or the Agency and the Council must consent to said
10 sale of Property by the Agency to the Developer; and
11 WHEREAS, the sale of the Property to the Agency, and the Agency to the Developer is
12 exempt under Class 12, Guidelines Section 15312 of the California Environmental Quality Act
13 (CEQA); and
WHEREAS, it IS appropriate for the Council and the Community Development
Commission ("Commission") to take action with respect to the sale of the Property to the Agency
and the subsequent disposition of the Property to the Developer.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
Section l. The Recitals contained in this Resolution are true and correct in all respects.
Section 2..' On January 22, 2007, the Commission and the Council conducted a full and
fair joint public hearing and considered the written Agency Staff Report together with all other
documents relating to the sale of the Property and the Council determined that the sales price of
$6,400 is considered to be not less than the Fair Market Value of the Property pursuant to the
Appraisal report and the Commission concurs with said determination and hereby approves the
Purchase and Sale Agreement by and between the Agency and the City; and the Purchase and Sale
Agreement by and between the Agency and the Developer. The minutes of the City Clerk for the
January 22. 2007. joint public hearing of the Commission and the Council shall include a record of
all communication and testimony submitted to the Commission and the Council at the joint public
2
P '..\!!cnJas ReW),U;llllS Res('llulions~OOiOI-~Z-07 GFR PlItchJSC Jnd Sale Agt~,"~m (DC Rcst> B d.",
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I hearing by interested persons relating to the Purchase and Sale Agreements.
Section 3.
The Mayor is hereby authorized and directed to execute the Purchase and
3 Sale Agreement by and between the Agency and the City, and the Executive Director of the
4 Agency is hereby authorized and directed to execute the Purchase and Sale Agreement by and
5 between the Agency and the Developer, and to take all actions set forth in the agreements to close
6 the escrow transactions described therein and make such technical and conforming changes as
7 approved by the Agency Counsel.
8
Section 4.
The Commission hereby finds that the sale of the Property is exempt in
9 compliance with CEQA and the determination notice shall be prepared and filed with the County
10 Clerk within five (5) days from date of the action of the Commission and the Council.
11
Section 5.
The Resolution shall become effective immediately upon its adoption.
3
P '\!!~nLl;.l;R<:s"lut''''lS Res,,11I1ILlns,~(J07'()I.~~.[)7 GFR Purcha5e ilnd S~I... Agreement CDC" Res!' BIll'c
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RESOLl rIO\ OF THE (OMMU\lTY nSVELOPi\IENT COMMISSION OF
THE CITY OF SA:\' BERNARI>I\O APPROVING (1) THAT CERTAIN
l>liIKIL\SF A\D SALE .-\GRELVIENT BY Al"l) BETWEEN THE CITY OF
SAN BER\i.\RD[NO ("CITY") ANI} TilE REI)l-SELOPMENT AGENCY OF
HIE CITY OF SA:'II BERNARDINO ("AGE\CY") RELATED TO THE
PROPERTY LOCATED AT THE NO\nHEIH.Y TERMINUS OF LITTLE
LEAGII nRIVE AND \ORTH OF NANCY L\NCE (1.345 ACRES APN:
n3~8-12J.:Il) ("PROPERTY"); (2) THAT CERT\IN PURCHASE AND SALE
.-\GREF\IE:\'T BY A\I) BETWEEN TilE AGENCY AND GFR
F:NTERI'!{\SF:S, INC. (RANCHO LINE, LLC) RELATED TO THE
I>ROPFl,IY; ANI) (3) AliTIIORIZIN(; TIiE AGENCY EXECUTIVE
I}IREC\ol< TO EXECTTE SAI\) PURCIIASE \ 'd) SALE AGREEMENTS
2
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4
5
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8
9
i HERJi. . ~TRTIFY tkll the rorc~uing R",<Jluti", 'Ia, duly adopted by the Community
10 De\elopl11enl l. . 1l11issiun of thc' ,'ily ul' San lkrnardin ;II a
. 21J1J7. b\be following vote to wit:
meeting
Na"s
Absent
\~)slain
21
S~cretan
22 The foregoing Rc,"lItion is hereby "ppro\ed this
d,,, of
, 2007,
23
24
Patrick.: \ hllTis. Chairperson
COtlltlll':::11 Ik\e1opment Commission
ol'the C:l\ nfSan Bernardino
25
26
Apprmed as to t . '1'111:
27
28 By: '.~,;,,;- ~ c'; / .~ :
\gt:l1c: f ~~ "d:-;SL'l
~
P",.\~~d", I,. ...Iuti"i" H...", .
I .~~.' " (;FR I'", cl;.I'c' .,,,,' '" '". \~, ,'C'lll, ! 'Il(' I{,-." 1\
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PURCHASE AND SALE AGREEMENT
Parcel Located at northerly terminus of Little League Drive and north of Nancy Lane
(\.345 acres APN: 0348-121-18)
THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered
into as of the nnd day of January 2007, by and between the Redevelopment Agency of the City
of San Bernardino ("Seller"), and GFR Enterprises, Inc., a California corporation (Rancho Line,
LLC) ("Buyer").
RECITALS
(A) The Seller is a public body, corporate and politic organized and validly existing
under the laws of the State of California (the "State"), and the Buyer is a California corporation
organized and validly existing under the laws of the State.
(B) Seller owns certain property located in the City of San Bernardino, County of San
Bernardino more particularly described in Exhibit "A" hereto (the "Property").
(C) Seller intends to enter into this Agreement, whereby Seller will convey the
Property to the Buyer for purposes of constructing a 76-unit upscale single-family subdivision or
provided, for a Parcel Map No. 17812. The Buyer intends to develop the Property in phases as
provided in this Agreement. The Developer will pay a purchase price for the Property of
$6,400, which purchase price shall be in addition to all closing costs, as may be necessary to
close the escrow hereunder and pursuant to the Purchase and Sale Agreement by and between the
Seller and the City. The Buyer and Seller wish to provide for a conveyance of the Property from
the Seller to the Buyer in order to implement pursuant to the Purchase and Sale Agreement by
and between the Seller and the City.
(D) The Seller and Buyer have duly approved the transactions contemplated by this
Agreement by approval of their respective governing bodies and board of directors, and in order
to set forth the terms and conditions of such purchase and sale, the. Buyer and Seller desire to
enter into this Agreement.
NOW, THEREFORE, for and in consideration of the foregoing Recitals and the mutual
agreements hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
ARTICLE I
PURCHASE AND SALE
Section 1.01. Purchase and Sale. Subject to the terms and conditions of this
Agreement, Seller hereby agrees to sell, transfer and convey to the Buyer, and the Buyer hereby
agrees to purchase from Seller, all of Seller's right, title and interest in and to the Property,
excluding water rights.
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Section 1.02. Purchase Price. The purchase price for the Property shall be Six
Thousand Four-Hundred Dollars ($6,400) (the "Purchase Price"). An MAl appraisal of the
Property has been conducted by Tierra West Appraisal (the "Appraiser"). According to the
report prepared by the Appraiser, the fair market value of the Property is $6,400. All amounts
received by the Seller from the Buyer under this Agreement for payment of all or any portion of
the purchase price thereunder shall, in turn, be paid by the Seller to the. City. The City shall be
considered a third party beneficiary of the Seller's rights under this Agreement.
Section 1.03. Cash at Closing. The Purchase Price shall be paid to Seller in cash
at Closing (as defined in Section 3.01 hereof). Together with all closing costs and title insurance
and escrow fees hereunder and pursuant to the Purchase and Sale Agreement by and between the
Seller and the City.
ARTICLE II
TITLE INSURANCE
Section 2.01. Seller's Obligation to Provide Title Insurance. Seller shall deliver
to the Buyer, within ten (10) days after the execution and delivery of this Agreement by both
parties (the "Effective Date"), a preliminary title report for an owner's title policy issued by
Orange Coast Title Company, together with legible copies of all restrictive covenants, easements
and other items listed as title exceptions therein (each a "Title Defect"). The title policy to be
issued to the Buyer pursuant to this section shall ensure fee simple title to the Buyer in the
amount of the Purchase Price, as adjusted pursuant hereto, subject only to the exceptions shown
therein to which the Buyer has agreed in writing. The Buyer shall have five (5) days after its
receipt of the preliminary title report within which to disapprove any Title Defects shown
therein, such approval or disapproval to be within the Buyer's reasonable discretion. If the
Buyer fails to disapprove any particular Title Defect by written notice delivered to and received
by Seller within such time period, then the Buyer shall be deemed to have approved such title
Defect. If the Buyer disapproves any such Title Defect by written notice delivered to and
received by Seller within sllch time period, then the Buyer may terminate this Agreement unless
Seller (without any obligation to do so) cures the Buyer's objection to such Title Defect.. Title
Defects which the Buyer approves or has been deemed to have approved pursuant to this Section
shall have the option to either (a) extend the Closing by that period of time which is reasonably
required by Seller to satisfy the title requirement or to cure the Title Defect, or (b) terminate this
Agreement by written notice to the Buyer in accordance with the notice provisions of this
Agreement.
ARTICLE III
CLOSING
Section 3.01. Closing Through Escrow. Subject to the prOVISIOns of this
Agreement, the Buyer and Seller shall consummate and close the purchase and sale of the
Property contemplated by this Agreement when all of the conditions of closing for the benefit of
the parties hereto have been satisfied or waived, and when and if all conditions precedent to the
close of escrow under this Agreement have been satisfied, but in no event later than July 31,
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2007 (the "Closing"). Subject to the provisions of this Agreement relating to the extension of the
Closing, if the. Closing does not occur as a result of the failure of a condition, then the party
hereto for whose benefit the condition exists may terminate this Agreement, in which event the
parties hereto shall have no further rights or obligations pursuant to this Agreement.
The transfer and sale of the Property shall take place through an escrow (the
"Escrow") to be administered by Orange Coast Title Company or such other escrow or title
insurance company mutually agreed upon by the Buyer and the Seller (the "Escrow Agent").
The Escrow shall be deemed open upon the receipt by the Escrow Agent of a fully executed copy
of this Agreement. The Escrow Agent shall promptly confirm to the parties the escrow number
and the title insurance order number assigned to the Escrow.
The Buyer and the Seller each agree to execute the customary supplemental
instructions in the form provided by the Escrow Agent to its clients in real property escrow
transactions administered by it.
Section 3.02. Seller's Obligations at Closing. At Closing, Seller shall deliver to
the Escrow Agent the following documents (all duly executed and acknowledged by Seller,
where required):
a. Deed. A quitclaim deed in substantially the form attached to this
Agreement as Exhibit "B", executed by Seller and conveying the Property to the Buyer, subject
to no exceptions other than those agreed to by the Buyer.
b. Title Policy. A commitment by the Title Company to issue an owner's
title policy in CLTA standard form, naming the Buyer as the insured in the amount of the
Purchase Price, insuring that the Buyer owns fee simple title to the Property, subject only to such
exceptions as are agreed to by the Buyer
Section 3.03. Buyer's Obligation at Closing. At Closing, the Buyer shall deliver
to the Seller, the Purchase Price in cash or by wire transfer of readily available U.S. funds,
together with all closing costs, escrow and title insurance premiums as required pursuant to
Section 1.03 hereto.
Section 3.04. Closing Costs. Buyer shall pay all closing costs as set forth in
Sections 1.03 and 3.03.
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IN WITNESS WHEREOF, the parties hereto have executed this Purchase and
Sale Agreement as of the date first above written.
"SELLER"
Redevelopment Agency of the City of San Bernardino
a public body, corporate and politic
By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
._( "i,') / ,-
By: v,:;._. J h.. oi. ,J. -L
.J
Agency C ' msel
"BUYER"
GFR.Enterprises, Inc., a California corporation
(Rancho Line, LLC)
By:
Title:
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EXHIBIT "A"
Legal Description
All that certain real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel No. I
That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the U.S. Government township plat thereof, described as
follows:
Commencing at the intersection of the West line of said Section 36 with the North line of the
Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, page 23, records of the
County Recorder of said County; thence North 01024' 24" West along said West line of Section
36, a distance of 1,063.47 feet; thence South 610 35' 04" East, a distance of 220.40 feet to the
True Point of Beginning; thence continuing South 610 35' 04" East, a distance of 222.00 feet;
thence North 280 24' 56'" East a distance of 264.00 feet; thence North 610 35' 04" West, a
distance of 222.00 teet; thence South 280 24' 56" West, a distance of 264.00 feet to the True
Point of Beginning.
Parcel No.2
An easement for ingress and egress and for pipe lines and appurtenant facilities, in, over, under
and across that portion of the following described pro'perty lying within the Southwest one-
quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Meridian according to
the U.S. Government township plat thereof:
Those portions of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West,
San Bernardino Meridian according to the U.S. Government township plat thereof and those
portions of Block 80 and 81, Irvington Land and Water Company Subdivision as per plat thereof
recorded in Book I of Records of Survey, page 32, records of the County Recorder of said
County and being a strip of land 20.00 feet wide, the centerline thereof being described as
follows:
Beginning at the intersection of the centerlines of Belmont Avenue and Little League Drive
(Cypress Avenue) as said Streets are delineated on the Map of said Irvington Land and Water
Company Subdivision; thence North 270 44' 30" East along said centerline of Little League
Drive (Cypress Avenue), a distance of689.66 feet; thence North 630 20' 00" West, a distance of
8.00 feet; thence North 28001' 37" East, a distance of351.68 feet to the beginning ofa tangent
curVe, concave Westerly and having a radius of 234.13 feet; thence Northerly along said curve
through a central angle of280 44' 52", a distance of 117.47 feet; thence North 00 31' 15" West, a
distance of 41.05 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 367.95 feet; thence Northerly along said curve through a central angle of 270 29' 22", a
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distance of 176.54 feet; thence North 260 52' 07" East a distance of 58.23 feet to a point on the
centerline of Ohio Avenue, said point being Northwesterly thereon, a distance of 98.12 feet from
its intersection with the centerline of said Little League Drive (Cypress Avenue); thence
continuing North 260 52' 07" East, a distance of 77.24 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 183.64 feet; thence Northeasterly along said curve
through a central angle of360 11' 15", a distance of 115.98 feet; thence North 630 03' 22" East a
distance of 30.45 feet to the beginning of a tangent curve, concave Northwesterly and having a
radius of 90.44 feet; thence Northeasterly along said curve through a central angle of 510 53'
15", a distance of 81.90 feet; thence North 110 10' 07" East a distance of 59.08 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of 196.14 feet; thence
Northeasterly along said curve through a central angle of 36040' 15", a distance of 125.53 feet;
thence North 470 50' 22" East, a distance of 79.11 feet to the beginning of a tangent curve
concave Westerly and having a radius of 132.92 feet; thence Northerly along said curve through
a central angle of 620 05' 01", a distance of 144.03 feet; thence North 140 14' 45" West, a
distance of 52.39 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 139.02 feet; thence Northerly along said curve through a central angle of 460 41' 22", a
distance of 113.28 feet; thence North 320 26' 37" East, a distance of 84.58 feet to the beginning
of a tangent curve, concave Westerly and having a radius of 151.54 feet; thence Northerly along
said curve through a central angle of 43012' 04", a distance of 114.26 feet; thence North 10045'
27" West, a distance of 212.27 feet to the beginning of a tangent curve, concave Easterly and
having a radius of 198.91 feet; thence Northerly along said curve through a central angle of 110
29' 00", a distance of 39.87 feet; thence North 00 43' 33" East, a distance of 7920 feet to the
beginning of a tangent curve, concave Westerly and having a radius of 691.99 feet; thence
Northerly along said curve through a central angle of 16026' 45", a distance of 198.62 feet;
thence North 150 43' 12" West, a distance of 64.27 feet to the beginning of a tangent curve,
concave Easterly and having a radius of 143.09 feet; thence Northerly along said curve through a
central angle of 380 31' 22", a distance of 96.20 feet; thence North 220 48' 10" East, a distance
of 62.32 feet to the beginning of a tangent curve concave Southeasterly and having a radius of
1590.77 feet; thence Northeasterly along said curve through a central angle of 020 31' 15" a
distance of 69.99 feet; thence North 250 19' 25" East a distance of 211.85 feet to a point in the
Southwesterly line of Parcel No. 1 hereinabove described, said point being Southeasterly
thereon, a distance of 105.00 feet from the most Westerly comer thereof, and the Point of
Termination.
EXCEPTING therefrom those portions thereof as previously dedicated for Street purposes.
The sidelines of said easement shall terminate in the Southwesterly line of said above described
Parcel No. 1.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain
and repair the pipe lines and appurtenant facilities.
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EXHIBIT "B"
Quitclaim Deed
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RECORDING REQUESTED BY
AND WHEN RECORDED
RETURN TO:
REDEVELOPMENT AGENCY OF THE
CITY OF SAN BERNARDINO
ATTN.: MAGGIE PACHECO, EXECUTIVE DIRECTOR
201 NORTH "E" STREET, SUITE 301
SAN BERNARDINO, CALIFORNIA 92401
(Space Above for Recorder's Use)
Recording Fee Exempt Pursuant to Government Code Section 6103
OUlTCLAIM DEED
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QUITCLAIM DEED
Documentary Transfer Tax -0-
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic,
hereby REMISES, RELEASES and QUITCLAIMS to GFR Enterprises, Inc., a California
corporation (Rancho Line, LLC) all that real property situated in the City of San Bernardino,
County of San Bernardino, State of California, described as:
SEE EXHIBIT "A" hereto
Dated:
_,2007
Redevelopment Agency of the City
of San Bernardino
Maggie Pacheco, Executive Director
(STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO)
On
before me,
(here insert
officer), personally
(Seal)
name and title of the
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
hislher/their authorized capacity(ies), and that
by hislher/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.
Signature
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EXHIBIT "A"
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Property Description
All that certain real property in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcel No. I
That portion of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West, San
Bernardino Meridian according to the U.S. Government township plat thereof, described as
follows:
Commencing at the intersection of the West line of said Section 36 with the North line of the
Rancho Muscupiabe as per plat thereof recorded in Book 7 of Maps, page 23, records of the
County Recorder of said County; thence North 01024' 24" West along said West line of Section
36, a distance of 1,063.47 feet; thence South 610 35' 04" East, a distance of 220.40 feet to the
True Point of Beginning; thence continuing South 610 35' 04" East, a distance of 222.00 feet;
thence North 280 24' 56" East a distance of 264.00 feet; thence North 610 35' 04" West, a
distance of 222.00 feet; thence South 280 24' 56" West, a distance of 264.00 feet to the True
Point of Beginning.
Parcel No.2
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An easement for ingress and egress and for pipe lines and appurtenant facilities, in, over, under
and across that portion of the following described property lying within the Southwest one-
quarter of Section 36, Township 2 North, Range 5 West, San Bernardino Meridian according to
the US. Government township plat thereof:
Those portions of the Southwest one-quarter of Section 36, Township 2 North, Range 5 West,
San Bernardino Meridian according to the U.S. Government township plat thereof and those
portions of Block 80 and 81, Irvington Land and Water Company Subdivision as per plat thereof
recorded in Book I of Records of Survey, page 32, records of the County Recorder of said
County and being a strip of land 20.00 feet wide, the -centerline thereof being described as
follows:
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Beginning at the intersection of the centerlines of Belmont Avenue and Little League Drive
(Cypress Avenue) as said Streets are delineated on the Map of said Irvington Land and Water
Company Subdivision; thence North 270 44' 30" East along said centerline of Little League
Drive (Cypress Avenue), a distance of 689.66 feet; thence North 630 20' 00" West, a distance of
8.00 feet; thence North 280 01' 37" East, a distance of 35\.68 feet to the beginning of a tangent
curve, concave Westerly and having a radius of 234. \3 feet; thence Northerly along said curve
through a central angle of 280 44' 52", a distance of 117.47 feet; thence North 00 3 l' 15" West, a
distance of 41.05 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 367.95 feet; thence Northerly along said curve through a central angle of 270 29' 22", a
distance of 176.54 feet; thence North 260 52' 07" East a distance of 58.23 feet to a point on the
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centerline of Ohio A venue, said point being Northwesterly thereon, a distance of 98.12 feet from
its intersection with the centerline of said Little League Drive (Cypress Avenue); thence
continuing North 260 52' 01" East, a distance of 77.24 feet to the beginning of a tangent curve,
concave Southeasterly and having a radius of 183.64 feet; thence Northeasterly along said curve
through a central angle of 360 11' 15", a distance of 115.98 feet; thence North 630 03' 22" East a
distance of 30.45 feet to the beginning of a tangent curve, concave Northwesterly and having a
radius of 90.44 feet; thence Northeasterly along said curve through a central angle of 510 53'
15", a distance of 81.90 feet; thence North 110 10' 01" East a distance of 59.08 feet to the
beginning of a tangent curve concave Southeasterly and having a radius of 196.14 feet; thence
Northeasterly along said curve through a central angle of 36040' 15", a distance of 125.53 feet;
thence North 4r 50' 22" East, a distance of 79.11 feet to the beginning of a tangent curve
concave Westerly and having a radius of 132.92 feet; thence Northerly along said curve through
a central angle of 620 05' 01", a distance of 144.03 feet; thence North 140 14' 45" West, a
distance of 52.39 feet to the beginning of a tangent curve, concave Easterly and having a radius
of 139.02 feet; thence Northerly along said curve through a central angle of 460 41' 22", a
distance of 113.28 feet; thence North 320 26' 31" East, a distance of 84.58 feet to the beginning
of a tangent curve, concave Westerly and having a radius of 151.54 feet; thence Northerly along
said curve through a central angle of430 12' 04", a distance of 114.26 feet; thence North 10045'
27" West. a distance of 212.27 feet to the beginning of a tangent curve, concave Easterly and
having a radius of 198.91 feet; thence Northerly along said curve through a central angle of 110
29' 00", a distance of 39.87 feet; thence North 00 43' 33" East, a distance of 79.20 feet to the
beginning of a tangent curve, concave Westerly and having a radius of 691.99 feet; thence
Northerly along said curve through a central angle of 160 26' 45", a distance of 198.62 feet;
thence North 150 43' 12" West, a distance of 64.27 feet to the beginning of a tangent curve,
concave Easterly and having a radius of 143.09 feet; thence Northerly along said curve through a
central angle of 380 31' 22", a distance of 96.20 feet; thence North 220 48' 10" East, a distance
of 62.32 feet to the beginning of a tangent curve concave Southeasterly and having a radius of
1590.77 feet; thence Northeasterly along said curve through a central angle of 020 31' 15" a
distance of 69.99 feet; thence North 250 19' 25" East a distance of 211.85 feet to a point in the
Southwesterly line of Parcel No. 1 hereinabove described, said point being Southeasterly
thereon, a distance of 105.00 feet from the most Westerly comer thereof, and the Point of
Termination.
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EXCEPTING therefrom those portions thereof as previously dedicated for Street purposes.
The sidelines of said easement shall terminate in the Southwesterly line of said above described
Parcel NO.1.
The easement herein granted shall include the right to construct, reconstruct, inspect, maintain
and repair the pipe lines and appurtenant facilities.
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