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HomeMy WebLinkAbout13-Development Services C CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION c c From: Valerie C. Ross, Director Dept: Development Services Date: January 23, 2008 Subject: Authorization to proceed with the acquisition of real property, and resolution establishing fair market'value authorizing the purchase of certain real property located on Boyd Street, north of Cluster Street, relative to the expansion of the City Yards, and authorizing the execution of a Sales and Purchase Agreement. MCC Date: February 4, 2008 File No.: 15.05-255 Synopsis of Previous Council Action: 11113/2007 - Ways and Means Committee recommended approval of the acquisition. Recommended Motion: 1. That the Director of Development Services be authorized to proceed with the acquisition of that certain real property located on Boyd Street, north of Cluster Street, and do all things necessary to conclude said acquisition. 2. Authorize the Director of Finance to amend the FY 2007-08 Adopted Budget and appropriate $102,100 from the Sewer Fund unallocated fund balance to account number 132-431-5720 (land purchase). 3. Adopt Resolution. AND ~u. R644/ Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Staff Report, Map, Appraisal Supporting data attached: Summarv. Letter. Reso. Sales & Purchase Agreement FUNDING REQUIREMENTS: Amount: $102,100 . Ward: 1 Source: (Acct. No.) Unappropriated Sewer Fund Balance Council Notes: (Acct. Description) Finance: Agenda Item No. }jJN c c c CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Authorization to proceed with the acquisition of real property, and resolution establishing fair market value authorizing the purchase of certain real property located on Boyd Street, north of Cluster Street, relative to the expansion of the City Yards, and authorizing the execution of a Sales and Purchase Agreement. BACKGROUND: In May 2007, the Public Services Department contacted the Real Property Section regarding the purchase of a vacant parcel of land, owned by Ramon C. Machado, for the purpose of expanding the Public Services operations at the City Yards. The parcel is located on the west side of Boyd Street, north of Cluster Street (Assessor's Parcel No. 0136-051-45), and is adjacent to the City Yards. The parcel is 12,566 square feet, or 0.29 acres. On June 19, 2007, an appraisal was prepared by Smothers Appraisal and indicates a value of $88,000 for this parcel. The attached summary sheets show the values, as determined by the appraiser. As part of the City's due diligence, on July 18, 2007, a Phase I Environmental Assessment was prepared by Hilltop Geotechnical, Inc. and indicated that the site has not been significantly impacted by hazardous materials use, storage, or disposal. The property owner has been contacted by the City and informed of the City's intent to acquire the property subject to approval, and has been informed of the appraised value. The owner rejected the City's offer of $88,000 based on offers he stated he had previously received. After negotiations with Mr. Machado, he has agreed to accept the amount of $100,000. As is customary, the City will pay all closing costs related to this transaction. This is estimated to be $2,100.00. A letter from Mr. Machado agreeing to accept this amount is attached. The attached resolution establishes this value of $100,000 as fair market value. A Sales and Purchase Agreement has also been prepared and is attached. Although the proposed purchase price of $100,000 is greater than the appraised value of $88,000, the difference is less then the City's additional costs if the City were to acquire the property by condemnation. Upon approval of the attached resolution, and execution of the Sales and Purchase Agreement, escrow will be opened to complete the sale. The acquisition and development of this parcel is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as provided for in Section 15332, Article 19 of the Act. ;l f)epk'~""",f Paoj~ No. I ~ c c c FINANCIAL IMPACT: Cost of the land pUrchase is $100,000 plus closing costs estimated to be $2, I 00.00. The initial plan was to have the Refuse Fund pay the majority of the cost for this acquisition. However, the mid year budget review determined that the Refuse Fund does not have sufficient funds at this time to cover the cost of the acquisition, so it is proposed to appropriate $102,100 from the Unappropriated Sewer Fund balance to cover the cost of this purchase. Refuse will need to pay back the loan to Sewer once there are funds available in the Refuse Fund. RECOMMENDATION: I.) That the Director of Development Services be authorized to proceed with the acquisition of that certain real property located on Boyd Street, north of Cluster Street, and do all things necessary to conclude said acquisition. 2.) Authorize the Director of Finance to amend the FY 2007-08 Adopted Budget and appropriate $102,100 from the Sewer Fund unallocated fund balance to account number 132-431-5720 (land purchase). 3.) Adopt Resolution. ~----ti**"""-ifIKft -------------Hlf-::--.., . ~ ' .; . u ... _', . t U . .... : .. t : : :.. I: .1 , . :: .. = , ..:: ~-: I ~ -_- I ..:: IS" : 4 S I' :I: _ "'1 2: 3 :: .. : s : ": ..: t :- ;i PI' I . I I :::.:: ., : = l ' . .' . 0 . I - ........--.....-.. X---- __..1..._..-' - - . ................ ...m;,;"'__' _ I IX -,' ~ .e~ 1'L'; r. l .--. ~. ............ i IS: L....----~ :. 10 : ~ l~.....n__u...~ ~u........-h....i - Lr 11::: II . ..........-----... c - ~ ... - -- - , r t...... .......--.1 t , .0 I :~ J.: : : t-.................~ ~.....------....1 .. : ; J: ~. : ;._--_..----_.~ ;...................~ t_ ; c t ......-.' .._--... r---.'.---...-'" . ,. l . : : I ' , 1 II ' .......-...... ....~ r----.....---..~ , ".. . ; ~..__...-..-..._~ ~---_....__..._~ : ,: : , l.............-. ; ~--_...._-_.._..~ : : : I : : '1. , .K o. @ . ........... ...-- . J . -8 I ~........~... J. :: , @ 15 :i: . ............ " NO"""" ::I . ,. , L. _ ! --ILKK4- - - - - - - - -- lei I CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION Prepared by: FILE NO.: Ryan Sandoval 15.05-255 Date: ~ :g,,. , I @II ?I0o @ - - ..--.. .--_.. ; II , . I " I 1 ..... .-.---'..., ro..-.--........ . 0 00 , 1 " ~........ -..... ...j ~_....-_... ---- : J: ~ . o .. ..__....-.......--1 t-...---....---. : S: : I ~.........._....---i i -. --- , '0 . 7 l ! I . .. . ,;, . 0.' . @ .~ __m __ ..... ............--- ,..... , II II ~ ... ... "0 ... .. .......n.---.I:ruu--..~..: ~ II ':. It 'Co' !: '0' ..---.... .... 1 ........__....-.,~. ... ..,11 ~ .. : :.__....__.....__..l__..........---i.. t . _ __ _ _ _ _ _ I44iK- - .. . _I u " I .. !I; PROPOSED ACQUISITION OF AN .29 ACRE VACANT PARCEL LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET. APN: 0136.051-45 8/29/07 Legend: ~ = AREA PROPOSED TO BE ACQUIRED i ~c ~ . j J J I I 10 I I 1 c SDI:\IARY OF I'IPORTA~T FACTS A~D CO~CLCSIO~S ApPIL\JS.\L OURnE" The subject propen) is located in the community of San Bernardino, California. The client has asked us to estimate the value of the property for potential acquisition. Special AsslImptions and or Conditions: . The property has been appraised as if unaffectcd by contamination. . A Phase I Site Assessment is rccommended. . The subject is located within a special redevelopment area. . Taxes are considered reasonable and typical for the area. Property Identification: The subject consists of vacant land, located on Boyd Street, San Bernardino, California. Assessor Parcel Number: 0136-051-45. Ownership: Ramon C. Machado. Own...,.ship History: According to public records. the most recent transaction was dated 9:20:2006, Document Number 643293 for $69,500. The prior transaction was 1220.2004, Document Number 934118, for $40,000. Property Rights Appraised: Fee Simple. Purpose: To form an opinion ofthe subject property market value. Intended c.:sers of the Appraisal: City of San Bernardino, Public Works Division Intended Use of the Appraisal: The report may be used to estimate value for potential acquisition of the property. It is not intended to be used for litigation and'or fmancing. Effecti,'e Date of the Appraisal: June 15.2007. Date of the Inspection: June 15,2007. Date of tIll! Report: June 19, 2007. Site Description: The subject site has a total area of approximately 12,566 square feet. or 0.29 acres. There is approximately 97 feet of frontage on Boyd Street. It is an interior site and generally rectangular shaped. Imprm'cmelll Description: Kot applicable as vacant land. 1 . .c . . . . . . . me . Q o q m ~ Ie 1 I Zoning Designation: ell (commercial US':), Hight.'st & Best L'se l'aClJ///' The highest and bcst use of the pmpert} as if \ acant is to hold for future commercial dCYelopmcnl. lIighl?st & Best Cse As Improved: Sot applicabk as \'acantland. Expusure period: 6 to 12 months. Opinions of Other Pasons: None. Cost Approach I'alue Indication: Not Applicable Dirt.'ct Sales Approach Value Indication: $88,000 Incume Approach Value Indication: Not Applicable Final Estimate of Market Value: $88,000 f c c c / p .4'. c:J /' Ramon Machado 12811 91h Street, Apt. t Chino, Ca. 91710 951.233.1909 951.505.1600 Laszlo Fogassy Re: APN 0136-051-45 If we do not have to litigate, I will accept $100,000. City pays all fees. I will need 45 to 90 days to remove items from property. Please do not cOW1terotfer. Ifwe go to court Mr. Fogassy agreed not to use this letter as evidence or in any way against me. Sincerely Ramon Machado ..-~_._. --:> _.~ .-.;1' ..~ _ -__ r-.-- .:_._--../-_.--~~:-/ ~:~.:.::: -d~~--c-;.-- ,,~,- /'" .,,/.......:--/.~ ~. .---. - --- ," ~. ~ -7 '. . , - 1 C 2 3 4 5 6 7 8 9 10 11 12 13 c 19 20 21 22 23 24 25 26 C 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUEOF CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORm OF CLUSTER STREET, COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBER 0136-051-45, RELATIVE TO THE EXPANSION OF THE CITY YARDS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT. WHEREAS, the City of San Bernardino desires to acquire that certain parcel of real property located on Boyd Street, north of Cluster Street in said City, being a portion of real property commonly known as Assessor's Parcel Number 0136-051-45, and more fully described in Exhibit "I" attached hereto and made a part hereof, relative to the expansion of the Public Services operations of the City Yards; and WHEREAS, Ramon C. Machado is the record owner of said real property to be 14 acquired; and 15 WHEREAS, an appraisal has been prepared by Smothers Appraisal, a California general 16 certified appraiser in the amount of 588,000.00; and 17 WHEREAS, City has reviewed the appraiser's determination of the fair market value of 18 the land and his report thereon; and WHEREAS, the City and property owner have negotiated the amount of 5100,000.00 as the purchase price of said real property; and WHEREAS, the difference between the purchase price and the appraised value is less than the City's additional costs if the City were to acquire the property by condemnation; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Said parcel of real property owned by Ramon C. Machado, as described in said Exhibit "A", is hereby determined to have a fair market value of 5100.000.00 based on the report by said appraiser and as further negotiated by City staff and the property owner. -illS 02.4.0! 01/3112008 c c c 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE OF 2 CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET, COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBER 0136-051-45, RELATIVE TO THE 3 EXPANSION OF THE CITY YARDS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT. 4 5 SECTION 2. The purchase of said real property, as described herein, in the amount of 6 $100,000.00, plus closing costs estimated to be $2,100.00, is hereby approved. 7 SECTION 3. The Mayor and Common Council hereby find that the acquisition of said 8 real property and the proposed development is consistent with the General Plan land use 9 designation and policies and applicable zoning regulations; occurs within the City limits on a 10 project site of no more than five acres substantially surrounded by urban uses; has no value as 11 12 13 habitat for endangered, rare or threatened species; would not result in any significant effects relating to traffic, noise, air quality or water quality; can be adequately served by all required 14 utilities and public services; and is categorically exempt from the requirements of the California 15 Environmental Quality Act (CEQA), pursuant to Class 32, Section 15332, Article 19 of the 16 CEQA Guidelines. 17 18 SECTION 4. The City Manager is hereby directed and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy of which is attached hereto as Exhibit "2", 19 20 21 22 23 24 /I 25 26 27 28 for the purchase of certain real property located on Boyd Street, north of Cluster Street in said City, and more fully described in said Exhibit "1". SECTION 5. 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. / / 01/31/2008 2 c 1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE OF 2 CERTAIN REAL PROPERTY LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET, COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBER OI~l-4S, RELATIVE TO THE 3 EXPANSION OF THE CITY YARnS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the 6 Mayor and Common G~)Uncil of the City of San Bernardino at a 7 meeting thereof held on the day of ,20_, by the 8 following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN . ABSENT 10 11 ESTRADA 12 BAXTER 13 BRINKER C 14 DERRY 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 22 The foregoing resolution is hereby approved this _ day of ,20_ 23 24 25 Approved as to form: PATRICKJ. MORRIS, Mayor 26 ~ , C 27 S F. PENMAN Attorney 28 01131/2008 3 c c c - LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCELl: THE EAST HAlF OF THAT PORTION OF THE J. W. WATERS JR., IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY, DESCRIBED AS FOllOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER UNE OF "S'STREET, NOW MOUNTAIN VIEW, EXTENDED SOUTH, WfTH THE WESTERLY EXTENSION OF THE NORTH UNE OF LOT 9 IN BlOCK 11 OF THE ABOVE SUSDMSION; RUNNING THENCE EAST TO THE CENTER UNE OF BOYD STREET, AS SAID BOYD STREET IS SHOWN ON THE MAP ABOVE; THENCE SOUTH 96 AND 2/3 FEET; THENCE WEST TO A POINT IN THE CENTERUNE OF "S" STREET, ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NOR'TH TO 'THE POINT OF BEGINNING. APN: 0136-051-45-0-000 EXHIBIT"\" SALES AND PURCHASE AGREEMENT c This Agreement ("AGREEMENT") is made and entered into this day of 20-, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("BUYER") and RAMON C. MACHADO ("SELLER") for the purchase of real property ("PROPERTY") described below. PROPERTY to be sold is generally at the west side of Boyd Street, north of Cluster Street in the City of San Bernardino, State of California, also know as Assessor's Parcel No. 0136-051-45 and is more fully described in Exhibit "A", and shown on the plat map as Exhibit "A-I ", attached hereto and made a part hereof. In consideration of which, and for the other considerations hereinafter set forth, it is mutually agreed as follows: I. The parties have herein set forth the whole of their negotiations. The performance of this offer constitutes the entire consideration for said document, and shall relieve the parties hereto of all further obligations or claims on this account. 2. PROPERTY consists of one vacant parcel, and is approximately 12,566 square feet, or 0.29 acres, C and is designated CH (Commercial Heavy) in the City of San Bernardino's General. Plan. 3. Parties shall enter into escrow with First American Title Insurance Company, 323 West Court Street, San Bernardino, California, for a period not to exceed sixty (60) days, unless mutually agreed upon by both parties. Parties authorize said Title Company to disburse funds accordingly. 4. The purchase price of PROPERTY shall be One Hundred Thousand Dollars ($100,000.00). 5. SELLER SHALL: A. Deliver an executed Grant Deed to Escrow at First American Title Insurance Company, 323 West Court Street, San Bernardino, California. B. Provide an owner's title policy naming the BUYER as the insured in the amount of the purchase price, insuring that the BUYER owns fee simple title to PROPERTY, subject to the permitted exceptions. C. Remove all personal property from the PROPERTY prior to the close of escrow. 6. BUYER SHALL: c A. Pay the SELLER the sum of One Hundred Thousand Dollars ($100,000.00) for said PROPERTY, for interest conveyed when title to PROPERTY vests in the name of BUYER and is free and clear of all liens, encumbrances and assessments except as follows: EXHIBIT "2" 1 c c c SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel No. 0136-051-45. 1) Covenants, conditions, restrictions and reservations of record. 2) Easements and/or rights of way over said land for public or quasi-public utility or public street purposes. B. BUYER shall have the right to review the condition of title in escrow, and its obligations shall be subject to its approval of the condition of title as provided therein. C. Pay all of the escrow, title, recording and closing costs incurred in this transaction. Pay the premium for charges related to the issuance of an owner's title policy. 7. BUYER'S DEFAULT. If the BUYER refuses or fails to consummate the purchase of PROPERTY pursuant to this AGREEMENT for any reason other than termination hereof, pursuant to a right granted hereunder to do so, or breach by SELLER of its agreements hereunder, then SELLER as its sole and exclusive remedy shall have the right to terminate this AGREEMENT by giving BUYER written notice thereof. Upon termination of this AGREEMENT, all funds deposited into escrow, less any applicable fees charged by escrow for termination, shall be refunded by escrow to the BUYER. 8. SELLER'S DEFAULT AND RETURN OF DEPOSIT. If SELLER fails to perform any if its obligations hereunder, either prior to or at the closing of escrow, the BUYER may terminate this AGREEMENT by notifying SELLER thereof, at which time all funds deposited by BUYER into escrow, less any applicable fees charged by escrow for termination, together with any interest earned thereon, shall be returned to BUYER, and neither party hereto shall have any further rights or obligations hereunder. III III 2 c c c SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, .commonly known as Assessor's Parcel No. 0136-051-45. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written above. NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. SELLER: BUYER: CITY OF SAN BERNARDINO EXHIBIT COPY By: EXHIBIT COpy FRED WILSON, City Manager RAMON C. MACHADO ATTEST: EXHIBIT COPY RACHEL CLARK, City Clerk Approved as to form: EXHIBIT COPY JAMES F. PENMAN, City Attorney 3 c EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL 1: THE EAST HALF OF THAT PORTION OF THE J. W. WATERS JR., IN THE OTY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY, DESCRIBED AS FOUOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER UNE OF "B' STREET, NOW MOUNTAIN VIEW, EXTENDED SOUTH, WIlli THE WESTERLY EXTENSION OF THE NORTH UNE OF LOT 9 IN BLOCK 11 OF THE ABOVE SU8DMSION; RUNNING THENCE EAST 10 THE CENTER UNE OF BOYD STREET, AS SAID BOYD STREET IS SHOWN ON THE MAP ABOVE; THENCE SOUTH 96 AND 2/3 FEET; THENCE WEST 10 A POINT IN THE CENTER UNE OF "B" STREET, ABOVE WHla-t POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH 10 THE POINT OF BEGINNING. c APN: 0136-051-45-0-000 c . ~~'_II'ULJ._-- ____________fffrc---, ...-7---......TW- - I"Ttf & ' . 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I .0" '1 n : ~ ' ~~'~'.~ .~-:.= ~.~.-~~- ~.~-= ~'. -, : CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED ACQUISITION OF AN .29 ACRE VACANT PARCEL LOCATED ON BOYD STREET, NORTH OF CLUSTER STREET. APN: 0136-051-45 Prepared by: Ryan Sandoval FILE NO.: 15.05-255 Date: 8/29/07 Legend: ~ = AREA PROPOSED TO BE ACQUIRED c 2. C SALES AND PURCHASE AGREEMENT This Agreement ("AGREEMENT") is made and entered into this day of 20_, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("BUYER") and RAMON C. MACHADO ("SELLER") for the purchase of real property ("PROPERTY") described below. PROPERTY to be sold is generally at the west side of Boyd Street, north of Cluster Street in the City of San Bernardino, State of California, also know as Assessor's Parcel No. 0136-051-45 and is more fully described in Exhibit "A", and shown on the plat map as Exhibit "A-I ", attached hereto and made a part hereof. In consideration of which, and for the other considerations hereinafter set forth, it is mutually agreed as follows: I. The parties have herein set forth the whole of their negotiations. The performance of this offer constitutes the entire consideration for said document, and shall relieve the parties hereto of all further obligations or claims on this account. PROPERTY consists of one vacant parcel, and is approximately 12,566 square feet, or 0.29 acres, and is designated CH (Commercial Heavy) in the City of San Bernardino's General Plan. 3. Parties shall enter into escrow with First American Title Insurance Company, 323 West Court Street, San Bernardino, California, for a period not to exceed sixty (60) days, unless mutually agreed upon by both parties. Parties authorize said Title Company to disburse funds accordingly. 4. The purchase price of PROPERTY shall be One Hundred Thousand Dollars ($100,000.00). 5. SELLER SHALL: A. Deliver an executed Grant Deed to Escrow at First American Title Insurance Company, 323 West Court Street, San Bernardino, California. B. Provide an owner's title policy naming the BUYER as the insured in the amount of the purchase price, insuring that the BUYER owns fee simple title to PROPERTY, subject to the permitted exceptions. C. Remove all personal property from the PROPERTY prior to the close of escrow. 6. BUYER SHALL: c A. Pay the SELLER the sum of One Hundred Thousand Dollars ($100,000.00) for said PROPERTY, for interest conveyed when title to PROPERTY vests in the name of BUYER and is free and clear of all liens, encumbrances and assessments except as follows: I C SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel No. 0136-051-45. I) Covenants, conditions, restrictions and reservations of record. 2) Easements and/or rights of way over said land for public or quasi-public utility or public street purposes. B. BUYER shall have the right to review the condition of title in escrow, and its obligations shall be subject to its approval of the condition oftitle as provided therein. C. Pay all of the escrow, title, recording and closing costs incurred in this transaction. Pay the premium for charges related to the issuance of an owner's title policy. 7. BUYER'S DEFAULT. If the BUYER refuses or fails to consummate the purchase of PROPERTY pursuant to this AGREEMENT for any reason other than termination hereof, pursuant to a right granted hereunder to do so, or breach by SELLER of its agreements hereunder, then SELLER as its sole and exclusive remedy shall have the right to terminate this AGREEMENT by giving BUYER written notice thereof. Upon termination of this AGREEMENT, all funds deposited into escrow, less any applicable fees charged by escrow for termination, shall be refunded by escrow to the BUYER. C 8. SELLER'S DEFAULT AND RETURN OF DEPOSIT. If SELLER fails to perform any if its obligations hereunder, either prior to or at the closing of escrow, the BUYER may terminate this AGREEMENT by notifying SELLER thereof, at which time all funds deposited by BUYER into escr9w, less any applicable fees charged by escrow for termination, together with any interest earned thereon, shall be returned to BUYER, and neither party hereto shall have any further rights or obligations hereunder. 1/1 /II c 2 C, SALES AND PURCHASE AGREEMENT - Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel No. 0136-051-45. c c IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as first written above. NO OBLIGA nON OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. SELLER: BUYER: CITY OF SAN BERNARDINO By: FRED WILSON, City Manager RAMON C. MACHADO ATTEST: RACHEL CLARK, City Clerk Approved as to form: SF. PENMAN, Attorney 3 c c c -- EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: PARCEL 1: THE EAST HALF OF THAT PORTION OF THE J. W. WATERS JR., IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CAUFORNIA AS PER PLAT RECORDED IN BOOK 7 OF MAPS, PAGE 38, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENONG AT THE POINT OF INTERSECTION OF THE CENTER UNE OF "S' STREET, NOW MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH UNE OF LOT 9 IN BLOCK 11 OF THE ABOVE SUBDMSION; RUNMNG THENCE EAST TO~ THE CENTER UNE OF BOYD STREET, AS SAID BOYD STREET IS SHOWN ON THE MAP ABOVE; THENCE SOUTH 96 AND 2/3 FEET; THENCE WEST TO A POINT IN THE CENTER UNE OF "S" STREET, ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINMNG; THENCE NORTH TO THE POINT OF BEGINNING. APN: 0136-051-45-0-000 . 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GJ ' I : U' I f.4 : : n , I' ~"U"_h_'''_~ ~u._."...u.._~ j. ,___h....H_..~ ~..._n........... :_. .____ '~.._l L....~.........l ~_._....u~.____~: L_.~~.n....u. c , -_P"-_.' "-"; ~....... ...-......1 : ; : I I : 1.. ' ............-.. .-. "1 t---- ....----.,. .. : .3 : : 4 : ~..-..---....-..... r."--.. ..-......~ : .' , . , : .. ~_........ ....... I 1"--' -. --_._..~ , " : ,: ~ I , ., .K , @ . . ........... ...-- , . . a I . q @14 I , -....-.. .10 J, @ IS @1I1 @ ;; : . ; ;j: -......-.-.....- " II , " .. . . NO SCALE r-.- ___n_... -, r-"-'--'.. .-.. , I' : 1! : 2 ~....__.. ... ......1 ........ --... ..-. I " : J' ' t.--....-... -" --! ~.. -..-... ...... , . . I ~_.......--" .......-: j _..' ....-.. . , , ! ! . . I;' -.iT" . ':' to {j) .. ..--- -- --- --t~--- -- -- .. - .. !. 11 ." 11 '..AJ.'':':' '" ... '" .... ..._....-.._.i;~........_. - - .,; 4i H - IS ~:: II @ C .......-..-....:p...--....... --- I~ .. .. 't ".,1 , ::f . . .t............--- -. t I ..--. ...---...... ;,.-, '- _ ! _ -CLKKI- _ _ _ - - - - -- - -- . - - - - ttf-IK- - - . ;J CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT REAL PROPERTY SECTION PROPOSED ACQUISITION OF AN .29 ACRE VACANT PARCEL LOCATED ON BOYD STREET. NORTH OF CLUSTER STREET. APN: 0136-051-45 Prepared by: FILE NO.: Ryan Sandoval 15.05-255 Dale: 8/29/07 Legend: ~ = AREA PROPOSED TO BE ACQUIRED