HomeMy WebLinkAbout14-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution establishing fair market
value and authorizing the purchase of certain
Dept: Development Services real property located on Boyd Street, north of
Cluster Street, for the expansion of the City
Date: April 3, 2008 Yards; and repealing Resolution No. 2008-39.
File No.: 15.05-255 MCC Date: April 7, 2008
Synopsis of Previous Council Action:
11/13/2007—Ways and Means Committee recommended approval of the acquisition.
02/04/2008 —Authorization to proceed with the acquisition of real property was given, and
Resolution No. 2008-39 establishing fair market value and 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, was adopted.
Recommended Motion:
1. Adopt Resolution.
rdwwG
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Staff Report,Map, Reso, Sales& 1
Supporting data attached: Purchase Agreement Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description)
Finance:
Council Notes: sy
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution establishing fair market value and authorizing the purchase of certain real property
located on Boyd Street, north of Cluster Street, for the expansion of the City Yards; and
repealing Resolution No. 2008-39.
BACKGROUND:
On February 4, 2008, the Mayor and Common Council gave authorization to proceed with the
acquisition of real property, and adopted Resolution No. 2008-39, establishing fair market value
and authorizing the purchase of certain real property (APN 0136-051-45) owned by Ramon C.
Machado, 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.
After receiving escrow instructions from the Title Company, it was brought to staff's attention
that Mr. Machado also owned a remnant parcel (0136-051-52) adjacent to and south of the parcel
being acquired. This parcel is .33 feet in width and runs along the entire southerly line of the
larger parcel. Preliminary research showed this remnant parcel not being owned by Mr.
Machado. However, since it is now included in the title report and escrow documents,
Resolution No. 2008-39 needs to be repealed and a new Resolution and Sales and Purchase
Agreement be adopted which includes both parcels. No additional funds are needed since it was
Mr. Machado's intent to include this parcel in the sale.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Adopt Resolution.
37 i
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r-------'- Lis No scnLE t.L 7
f CITY OF SAN BERNARDINO PROPOSED ACQUISITION OF TWO ADJACENT VACANT
DEVELOPMENT SERVICES DEPARTMENT PARCELS LOCATED ON BOYD STREET, NORTH OF CLUSTER
�wfHrm ;lu REAL PROPERTY SECTION STREET. APN's: 0136-051-45& 0136-051-52
Prepared by: Ryan Sandoval Date: 8/29/07 Legend:
® =AREA PROPOSED TO BE ACQUIRED
FILE NO.: 15.05-255
— — =CITY YARDS BOUNDARY
C (DPY1
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR
3 MARKET VALUE OF CERTAIN REAL PROPERTY LOCATED ON BOYD STREET,
4 NORTH OF CLUSTER STREET, COMMONLY KNOWN AS ASSESSOR'S PARCEL
NUMBERS 0136-051-45 AND 0136-051-52, RELATIVE TO THE EXPANSION OF THE
5 CITY YARDS, AUTHORIZING SAID PURCHASE AND AUTHORIZING AND
DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT; AND
6 REPEALING RESOLUTION NO. 2008-39.
7 WHEREAS, the City of San Bernardino desires to acquire two parcels of real property
8 located on Boyd Street, north of Cluster Street in said City, being real property commonly
9
known as Assessor's Parcel Numbers 0136-051-45 and 0136-051-52, and more fully described in
10
11 Exhibit "1" attached hereto and made a part hereof, relative to the expansion of the Public
12 Services operations of the City Yards; and
13 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$88,000.00; and
17
18 WHEREAS, City has reviewed the appraiser's determination of the fair market value of
19 the land and his report thereon; and
20 WHEREAS, the City and property owner have negotiated the amount of$100,000.00 as
21 the purchase price of said real property; and
22 WHEREAS, the difference between the purchase price and the appraised value is less
23 than the City's additional costs if the City were to acquire the property by condemnation;
24
25 WHEREAS, the City wishes to repeal resolution No. 2008-39, adopted on February 4,
26 2008, which approved the acquisition of only Assessor's Parcel Number 0136-051-45;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
27 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
28
04/03/2008 1
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 NUMBERS 0136-051-45 AND 0136-051-52,
3 RELATIVE TO THE EXPANSION OF THE CITY YARDS,AUTHORIZING SAID PURCHASE AND
AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT;
4 AND REPEALING RESOLUTION NO.2008-39.
5 SECTION 1. Said two parcels of real property owned by Ramon C. Machado, as
6 described in said Exhibit "1", are hereby determined to have a fair market value of$100,000.00
7
8 based on the report by said appraiser and as further negotiated by City staff and the property
9 owner.
10 SECTION 2. The purchase of said real property, as described herein, in the amount of
11 $100,000.00, plus closing costs estimated to be $2,100.00, is hereby approved.
12 SECTION 3. The Mayor and Common Council hereby find that the acquisition of said
13 real property and the proposed development is consistent with the General Plan land use
14
designation and policies and applicable zoning regulations; occurs within the City limits on a
15
16 project site of no more than five acres substantially surrounded by urban uses; has no value as
17 habitat for endangered, rare or threatened species; would not result in any significant effects
18 relating to traffic, noise, air quality or water quality; can be adequately served by all required
19 utilities and public services; and is categorically exempt from the requirements of the California
20 Environmental Quality Act(CEQA), pursuant to Class 32, Section 15332, Article 19 of the
21
CEQA Guidelines.
22
23 SECTION 4. The City Manager is hereby directed and authorized to execute, a Sales
24 and Purchase Agreement, a copy of which is attached hereto as Exhibit "2", for the purchase of
25 said real property located on Boyd Street, north of Cluster Street, and more fully described in
26 said Exhibit"1".
27 SECTION 5. This Resolution is rescinded if either party fails to execute the Agreement
28 within sixty(60) days of the date of adoption of this Resolution.
04/03/2008 2
1 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING FAIR MARKET VALUE OF
CERTAIN REAL PROPERTY LOCATED ON BOYD STREET,NORTH OF CLUSTER STREET,
2 COMMONLY KNOWN AS ASSESSOR'S PARCEL NUMBERS 0136-051-45 AND 0136-051-52,
RELATIVE TO THE EXPANSION OF THE CITY YARDS,AUTHORIZING SAID PURCHASE AND
3 AUTHORIZING AND DIRECTING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT;
AND REPEALING RESOLUTION NO.2008-39.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
6 Mayor and Common Council 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
14
15 DERRY
16 KELLEY
17 JOHNSON
18 MCCAMMACK
19
20
21 City Clerk
22 The foregoing resolution is hereby approved this day of , 20
23
24
25 Approved as to form: PATRICK J. MORRIS, Mayor
26
27 ES F. PENMAN
28 t ty Attorney
04/03/2008 3
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 CALIFORNIA 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 LINE OF "B' STREET, NOW
MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH LINE
OF LOT 9 IN BLOCK 11 OF THE ABOVE SUBDIVISION; RUNNING THENCE EAST TO THE CENTER
LINE 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 LINE OF "B" STREET,
ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE
NORTH TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE J. W. WATERS JR. SUBDIVISION OF LOTS 1, 2, 3, 4, 15, 16, 17 AND 18,
BLOCK 9, RANCHO SAN BERNARDINO IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA A PER PLAT RECORDED IN BOOK 7, OF MAPS, PAGE 38,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTH .33 FEET OF LOT 12, BLOCK 11 OF SAID SUBDIVISION.
APN: 0136-051-45-0-000 and 0136-051-52-0-000
EXHIBIT 661"
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 known as Assessor's Parcel No's. 0136-051-45 and 0136-051-
52 and are more fully described in Exhibit"A", and shown on the plat map as Exhibit "A-1", 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:
1. 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 two vacant parcels, and are approximately 12,609 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:
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
SALES AND PURCHASE AGREEMENT—Boyd Street, north of Cluster Street, commonly known as
t. Assessor's Parcel No's. 0136-051-45 and 0136-051-52.
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.
2
SALES AND PURCHASE AGREEMENT—Boyd Street, north of Cluster Street, commonly known as
Assessor's Parcel No's. 0136-051-45 and 0136-051-52.
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
EXH[BrT COPS By: EXHIBIT COPY
RAMON C. MACHADO FRED WILSON, City Manager
ATTEST:
EXHIBIT COPY
RACHEL CLARK, City Clerk
Approved as to form:
EXHIBIT COPY
JAMES F. PENMAN,
City Attorney
3
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 CALIFORNIA 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 LINE OF "B' STREET, NOW
MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH LINE
OF LOT 9 IN BLOCK 11 OF THE ABOVE SUBDIVISION; RUNNING THENCE EAST TO THE CENTER
LINE 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 LINE OF "B" STREET,
ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE
NORTH TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE J. W. WATERS JR. SUBDIVISION OF LOTS 1, 2, 3, 4, 15, 16, 17 AND 18,
BLOCK 9, RANCHO SAN BERNARDINO IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA A PER PLAT RECORDED IN BOOK 7, OF MAPS, PAGE 38,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTH .33 FEET OF LOT 12, BLOCK 11 OF SAID SUBDIVISION.
APN: 0136-051-45-0-000 and 0136-051-52-0-000
EXHIBIT ,A—I„
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_ CITY OF SAN BERNARDINO PROPOSED ACQUISITION OF TWO ADJACENT VACANT
DEVELOPMENT SERVICES DEPARTMENT PARCELS LOCATED ON BOYD STREET, NORTH OF CLUSTER
Lsllgenu iN REAL PROPERTY SECTION STREET. APN's: 0136-051-45 8,0136-051-52
Prepared by: Ryan Sandoval Date: 8/29/07 Legend:
AREA PROPOSED TO BE ACQUIRED
FILE NO.: 15.05-255
�� �s =CITY YARDS BOUNDARY
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 known as Assessor's Parcel No's. 0136-051-45 and 0136-051-
52 and are more fully described in Exhibit"A", and shown on the plat map as Exhibit "A-1", 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:
1. 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 two vacant parcels,and are approximately 12,609 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:
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:
1
SALES AND PURCHASE AGREEMENT—Boyd Street, north of Cluster Street, commonly known as
Assessor's Parcel No's. 0136-051-45 and 0136-051-52.
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, shal l be returned to BUYER,and neither
party hereto shall have any further rights or obligations hereunder.
2
SALES AND PURCHASE AGREEMENT—Boyd Street, north of Cluster Street, commonly known as
Assessor's Parcel No's. 0136-051-45 and 0136-051-52.
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
By:
RAMON C. MACHADO FRED WILSON,City Manager
ATTEST:
RACHEL CLARK, City Clerk
Approved as to form:
JAVES F.PENMAN,
Attorney
3
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 CALIFORNIA 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 LINE OF "B' STREET, NOW
MOUNTAIN VIEW, EXTENDED SOUTH, WITH THE WESTERLY EXTENSION OF THE NORTH LINE
OF LOT 9 IN BLOCK 11 OF THE ABOVE SUBDIVISION; RUNNING THENCE EAST TO THE CENTER
LINE 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 LINE OF "B" STREET,
ABOVE WHICH POINT IS 96 AND 2/3 FEET SOUTH OF THE POINT OF BEGINNING; THENCE
NORTH TO THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE J. W.WATERS JR. SUBDIVISION OF LOTS 1, 2, 3, 4, 15, 16, 17 AND 18,
BLOCK 9, RANCHO SAN BERNARDINO IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA A PER PLAT RECORDED IN BOOK 7, OF MAPS, PAGE 38,
RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS:
THE SOUTH .33 FEET OF LOT 12, BLOCK 11 OF SAID SUBDIVISION.
APN: 0136-051-45-0-000 and 0136-051-52-0-000
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CITY OF SAN BERNARDINO PROPOSED ACQUISITION OF TWO ADJACENT VACANT
DEVELOPMENT SERVICES DEPARTMENT PARCELS LOCATED ON BOYD STREET,NORTH OF CLUSTER
REAL PROPERTY SECTION STREET. APN's:0136-051-45&0136-051-52
Prepared by. Ryan Sandoval Date: 8/29/07 Le nd'
® =AREA PROPOSED TO BE ACQUIRED
FILE NO.: 1 5.05-255 =CITY YARDS BOUNDARY