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HomeMy WebLinkAbout27-Development Services ~ ; ~ ,,' CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: JAMES FUNK, Director C.....,-,u, ... , f I II '"" iJ ~fll Subject: Public Hearing (10:00 A.M,) and Resolution authorizing the execution of a Sales and Purchase Agreement and a Quitclaim Deed - portion of City Water Department property, east of Sterling Avenue, north of Foothill Drive. File No. 15.05-227 MCC Date: 03-19-2001 Dept: Development Services Date: February 26, 2001 Synopsis of Previous Council Action: None Recommended Motion: I. That the Public Hearing relative to the sale of a portion of City Water Department Property, located generally east of Sterling Avenue and nQ.rth of Foothill Drive in the City of San Bernardino be closed. AND 2. Adopt Resolution. ~ James Funk Contact person: LASZLO "Les" FOGASSY Phone: 5026 Supporting data attached: Staff Report, Maps, Res. Ward: 4 FUNDING REQUIREMENTS: Amount: None Source: (Acct. 'No.) N/A (Acct. Description) N/A Finance: Council Notes: Agenda Item No. 3_ :J..7 , " CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing (10:00 A.M.) and Resolution authorizing the execution of a Sales and Purchase Agreement and a Quitclaim Deed - portion of City Water Department property, east of Sterling Avenue, north of Foothill Drive. BACKGROUND: In February of 1974, the City of San Bernardino acquired approximately 158 acres of vacant land, located east of Sterling Avenue, north of Foothill Boulevard, through a Land Patent from the United States of America. Resolution No. 11723, adopted April 1, 1974, accepted the Land Patent and designated the property for Water Department use. In December of 1980, an approximately 15.45 acre strip of this parcel was granted to the San Bernardino County Flood Control District, for a portion of Little San Creek Flood Control Channel. The Flood Control portion bisects the larger parcel at the southeasterly corner of the property, as shown on the attached map. The smaller remainder parcel is approximately 3.14 acres. In October of 2000, the City Water Department received an offer to purchase the remainder parcel from W. E. Leonard, who represents Mr. Ron Rezek, the owner of an approximately 117 acre parcel, a portion of which adjoins the 3.14 acre parcel to the east. Although the 3.14 acre parcel is "landlocked" by itself, it would be accessible across Mr. Rezek's property, which has public access from Aspen Drive, north of Hemlock Drive. An appraisal was done on this property, along with other parcels, in April of 2000, by James Smothers, a state certified appraiser. The value of the 3.14 acres was determined to be $8,950.00 and takes into consideration the very limited potential to develop this site due to the sloping terrain and restricted access. On November 21,2000, the Board of Water Commissioners took action to confirm the minimum sale price of the 3.14 acre parcel and authorized its sale. Section 2.65.020 of the San Bernardino Municipal Code allows for the sale of City property, valued at less than $25,000, to be sold without competitive bid, as long as the property is sold at fair market value. Although no formal bidding will take place, a public hearing must be held prior to the sale of this parcel. On February 20, 2001, staffwas authorized to proceed with the proposed sale, and Resolution No. 2001-44 was adopted, setting a Public Hearing for March 19, 2001. The Resolution was published in the San Bernardino County Sun newspaper and all City departments were notified of the proposed sale and no conflicts or reservations were noted. The attached Resolution authorizes the execution of a Sales and Purchase Agreement and a Quitclaim Deed. '. . '.' Staff Report - continued A Vicinity Map showing the location of the 3.14 acre parcel is attached as Exhibit "A", and a detailed map is attached as Exhibit "B". The remainder of the larger parcel, which is approximately 140 acres, will continue to be under the control and use of the Water Department. This sale of this property is categorically exempt under CEQA and the Water Department will file a Notice of Exemption with the Clerk of the County Board of Supervisors. FINANCIAL IMPACT: No cost to the City. All staff time and any appurtenant costs will be paid from the proceeds of the sale, and the remainder is to be transferred to the Water Department. RECOMMENDATION: Staff recommends that the Public Hearing be closed and that the attached Resolution be adopted. " " . . . Location of 3.14 Acre City/Water Department Parcel to be Sold No Scale 5th 51. Mill 51. ~ o c o u ~ 0- Oron e Show Rd. {l' .. , . o VICINITY MAP EXHIBIT "A" CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Proposed Sale of City/Water Department Parcel - East of Sterling Avenue, North of Foothill Drive ( 3.14 Acres) ~ indicates un-incorporated areas ~ within Cit 's S here of Influence File No.: IS.05-'2.2-7 Created'by: 1-. HMS r. Date: t/z'i/co/ GOVt:RNMENf LaT 5 SECTION 19 TOWNSHIP 1 NORTH RANGE: 3 WfSr S.B.S.M. \II ~ ~ \I , 'l ~ J. \0 ~ GOVERNMENT LCJT 6 SECI10N /9 TOWNSHIP 1 NORTH RANGE 3 WfST S.B.B.M. PREPARED BY: ~ .JOSEPH E. BONADIMAN & ASSOCIATES INC. ~ consulling engineers land surveyors 588 W. 6tfl Street San Bernardino. CA 92410 Pbone:(909)885-3806 - Fax."(909)387-7 721 . EAst 1/2 of THE NOKTHWEST 1/4 secTioN /9 TOWNSHIP I HO,"H RANGE: 3 WfSr S.S.B.M. ~"'-<""'-'-'" '............ .. 3.14 Acre City Water Department Parcel to be sold /I // I // I I - L____..- S4H BERNARDINO COUNTY nOOD COM'ROL DIST. O.R. 81-010575 CENTER SECTION 19 EXHIBIT "B" NOVfI,lBfR 2000 SCALf: "=400' r . . 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY 4 PROPERTY GENERALLY LOCATED EAST OF STERLING AVENUE, NORTH OF FOOTHILL DRIVE IN THE CITY OF SAN BERNARDINO. 5 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the Mayor of the City of San Bernardino is hereby directed 9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a 10 11 12 13 14 15 16 copy of which is attached hereto as Exhibit "I", and a Quitclaim Deed, a copy of which is attached hereto as Exhibit "2", for the sale of certain City property located east of Sterling Avenue, north of Foothill Drive, in said City, and more fully described in detail in said Exhibit "1" and said Exhibit "2", SECTION 2. That proceeds of the sale in the amount of Eight Thousand Nine Hundred Fifty Dollars ($8,950), less staff costs, be transferred to the Water Department 17 upon the close of the sale, 18 19 SECTION 2. Said Agreement shall be null and void if either party fails to execute the Agreement within sixty (60) days of the date of adoption of this Resolution, 20 3/13/0 I 1( 0 . ;z, 1 3//eriS/ . 2 . . 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 RESOLUTION AUTHORIZING EXEC!ITION OF AN AGREEMENT AND QUITCLAIM DEED FOR SALE OF CITY PROPERTY EAST OF STERLING AVENUE, NORTH OF FOOTHILL DRIVE 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 4 Common Council of the City of San Bernardino at a meeting thereof 5 held on the 6 day of ,20_, by the following vote, to wit: Council Members: A YES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ ANDERSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of ,20_, JUDITII V ALLES, Mayor City of San Bernardino pproved as to form d legal content: AMES F. PENMAN ity Attorney y: ~~ 7. ic>>~ / l/ 2/26/0 I 2 . . . SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this day of .2001, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and RONALD R. REZEK, a single man ("BUYER"), mutually agree as follows: 1. SELLER, upon payment from BUYER in the amount of Eight Thousand Nine Hundred Fifty Dollars ($8,950.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located east of Sterling A venue, north of Foothill Drive and southerly of the San Bernardino County Flood Control District property, in the City of San Bernardino, ("PROPERTY") being a portion of Assessor's Parcel Number 0155-361-22, more fully described in Exhibit "A", attached hereto and made a part hereof. 2. BUYER shall deliver to SELLER, cash or certified funds in the amount of Eight Thousand Nine Hundred Fifty Dollars ($8,950.00), as payment in full for the purchase of said PROPERTY. 3. 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. 4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors, officers, agents and employees from any and all damages, or injuries, or claims for damages or injuries, of any nature arising out of this Agreement or the actions to be conducted by the BUYER pursuant to this Ag~eemen~. 5. BUYER shall pay all recording fees and title fees, including but not limited to title insurance. 6. No obligation other than those set forth herein will be recognized. /1/ //1 /1/ EXHIBIT "I" . . . SALES AND PURCHASE AGREEMENT ~PORTION OF CrIT PROPERTY LOCATED EASI' OF STERLING AVENUE, NORTH OF FOOTHIIL DRIVE IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: CITY OF SAN BERNARDINO BY: RONALD R. REZEK Approved as to form And legal content: ATTEST: JAMES F. PENMAN, City Attorney Rachel Clark, City Clerk ~, 2 . EXHIBIT "A" Legal Description ofCily Water Department Parcel to be sold, located generally East of Sterling Avenue and North of Foothill Drive. That portion of the east one-half of the northwest one-quarter of Section 19, Township I North, Range 3 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat of said land on file in the District Land Office, lying southeast of that portion conveyed to the San Bernardino County Flood Control District by deed recorded January 15, 1981, Instrument No. 81-010575, Official Records of said County. . EXCEPTING therefrom all oil, gas and other mineral deposits in the land so patented, together with the right to prospect for, mine and remove the same, according to the provisions of the Act of Congress of June I, 1938, as reserved in the Patent recorded April 15, 1974, in Book 8409, page 578, Official Records of said County and re-recorded May 31, 1974, in Book 8442, Page 176, Official Records of said County. . . . REQUESTED BY AND WHEN RECORDED MAIL TO: . W. E. Leonard P.O. Box 1367 San Bernardino, CA 92402 APN: 0155-361-22 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to RONALD R. REZEK, a single man, the following real property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" ~TE: CITY OF SAN BERNARDINO, a municipal corporation By: JUDITH V ALLES, Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF } S.S. On before me, . personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity on behalf of which person(s) acted, executed the instrument. WITNESS my hand and official seal. . Signature EXHIBIT "2" . . . . . EXHIBIT "A" Legal Description of City Water Department Parcel to be sold, located generally East of Sterling Avenue and North of Foothill Drive. That portion of the east one-half of the northwest one-quarter of Section 19, Township I North, Range 3 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat of said land on file in the District Land Office, lying southeast of that portion conveyed to the San Bernardino County Flood Control District by deed recorded January 15, 1981, Instrument No. 81-010575, Official Records of said County. EXCEPTING therefrom all oil, gas and other mineral deposits in the land so patented, together with the right to prospect for, mine and remove the same, according to the provisions of the Act of Congress of June 1, 1938, as reserved in the Patent recorded April 15, 1974, in Book 8409, page 578, Official Records of said County and re-recorded May 31, 1974, in Book 8442, Page 176, Official Records of said County. , " CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 23, 2001 TO: Les Fogassy FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2001-53 I!1l\ieH~ At the Mayor and Common Council meeting ofF~20, 2001, the City of San Bernardino adopted Resolution 2001-53 - Resolution of the City of San Bernardino directing and authorizing the execution of a sales and purchase agreement and the execution of a quitclaim deed for the sale of City property generally located east of Sterling Avenue, north of Foothill Drive in the City of San Bernardino. Enclosed are three (3) original agreements and one original Quitclaim Deed. Please obtain signatures where indicated on the agreements and return to the City Clerk's Office as soon as possible, to my attention, Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by May 18,2001. If you have any questions, please do not hesitate to contact me at ext. 3206, Thank you, Michelle Taylor Senior Secretary I hereby a~~O~fedge re~t of the above mentioned documents, Signed: /f; I k C/' Date: .J - 23 - 0 , '. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 1,2001 TO: Les F ogassy, Real Property Official FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-53 On March 19, 2001, the City of San Bernardino adopted Resolution 2001-53 - Resolution directing and authorizing the execution of a sales and purchase agreement and the execution of a quitclaim deedfor the sale of City property generally located east of Sterling Avenue, north of Foothill Drive in the City of San Bernardino. Our office has not received the executed documents. If the documents have been signed, please forward them to the City Clerk's Office, to my attention; otherwise, please advise me of their status. The resolution and agreement will be null and void if not executed by May 18, 2001. If you have any questions, please call me at ext. 3206. .. ,'" '. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: May 30, 2001 TO: Les F ogassy, Real Property Official FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-53 - Sale of City property generally located east of Sterling Avenue, north of Foothill Drive. On March 19,2001, the City of San Bernardino adopted Resolution 2001-53, resolution directing and authorizing the execution of a sales and purchase agreement and the execution of a quitclaim deed for the sale of City property generally located east of Sterling Avenue, north of Foothill Drive in the City of San Bernardino. A memo was sent to you on May 1,2001, regarding the status of this agreement; however, our office has not received the executed documents. Please submit a memo detailing the status of these documents. If you have any questions, please call me at ext. 3206. ,"' '. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 13, 2001 TO: Les Fogassy, Real Property Official FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-53 - Purchase and Sale Agreement, Ronald R. Rezek Our office has not received the executed sale and purchase agreement between the City of San Bernardino and Ronald R. Rezek, which was approved at the Mayor and Common Council meeting held on March 19, 200 I. Please submit a memo detailing the status of this agreement. If you have any questions, please call me at ext. 3206. CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July 29, 2002 TO: Les Fogassy, Real Property Official FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-53 - Purchase and Sale Agreement, City Property East of Sterling Avenue, North of Foothill Drive (Ronald R. Rezek) COPIES: Marty Aaron, Executive Secretary At the Mayor and Common Council meeting of March 19, 2001, the City of San Bernardino adopted Resolution 2001-53 ~ Resolution directing and authorizing the execution of a sales and purchase agreement and the execution of a quitclaim deed for the sale of City property located east of Sterling Avenue, north of Foothill Drive in the City of San Bernardino. Memos were sent to you on May 1, 2001, May 30,2001, and August 13,2001, requesting that you forward the executed agreement to the City Clerk's Office, or submit a memo detailing the status of the agreement. I am again requesting that you forward the executed agreement (copy attached for reference) or submit a memo regarding the status of the agreement. If you have any questions, please do not hesitate to call me at ext. 3206. . ; ,. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 3-1"\ -0\ Item # <.f\ Resolution # Vote: Ayes \-3 S-,,) Nays &- Abstain .e- . 'ZCo\- 53 Absent '9 Change to motion to amend original documents: - Reso. # On Attachments: ~ Contract term: NulllVoid After: ~ I \ ;;> <:Xl \ Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY Date: - See Attached: .= Date Sent to Mayor: :3. '2 \ ~{:, \ Date of Mayor's Signature: 3 -'2 ~ -~ I Date ofClerk/CDC Signature: 3 - 2.3-0 \ Reso. Log Updated: Seal Impressed: v v'" Date MernolLetter Sent for Signature: 3 - 23.- a \ 60 Day Reminder Letter Sent on 30th day: 5-\ -()~ !J.DafR~~der Letter Sent on-45th day: 'I ~7Cj'-O;) See Attached: L Date Returned: See Attached: u/" See Attached: / Request for Council Action & StatTReport Attached: Yes-L Updated Prior Resolutions (Other Than Below): Yes Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes Updated CDC Personnel Folders (5557): Yes Updated Traffie Folders (3985, 8234, 655, 92-389): Yes No By No -L By No ---1L By No Y By No 11"" By Copies Distributed to: City Attorney 0/' Parks & Rec. Code Compliance Dev. Services ,/ EDA Finance MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. ete.) Ready to File: _ Date: