HomeMy WebLinkAbout30-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director
Subject: Resolution Authorizing the Execution of
an Agreement and Quitclaim Deed for the Sale of
City Property Located on the North Side of Gould
Street, West of Richardson Street, to the City of
Lorna Linda.
File No.:15.05-219
MCC Date: 12-06-1999
Dept: Development Services
Date: November 15,1999 OR I G I NAL
Synopsis of Previous Council Action:
09-07-1999 --- Authorization was given to proceed with the sale of City property located on the
North side of Gould Street, West of Richardson Street
11-15-1999 --- Resolution 1999-279 was adopted setting a public hearing for December 6,
1999, relative to the sale of City property located on the north side of Gould Street,
West of Richardson Street to the City of Lorna Linda.
Recommended Motion:
1. That the Public Hearing relative to the Sale of City of City property located on the north
side of Gould Street, west of Richardson Street, to the City of Lorna Linda be closed.
AND
2. ADOPT RESOLUTION
U2fJ.f:h"~
Contact person: LASZLO "Les" FOGASSY Phone: 5026
Supporting data attached: Staff Report, Letter, Maps, Ward: 1
ResolutIOn.
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
30
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution Authorizing the Execution of an Agreement and Quitclaim Deed for the Sale of City
Property Located on the North Side of Gould Street, West of Richardson Street, to the City of
Lorna Linda.
BACKGROUND:
The subject property consists of a 10,500 square foot parcel of land located on the north side of
Gould Street, west of Richardson Street. This Parcel was acquired by the Water Department as
part of the acquisition of South San Bernardino County Water District in 1993. The Water
Department has determined that they no longer need this well site and by action of the Board of
Water Commissioners on August 3,1999, authorized its sale.
The City of Lorna Linda has submitted a letter of interest in acquiring this property for the
purpose of developing a water supply well (see attached). An appraisal in the amount of $25,000
was prepared by C.M. Benefiel Appraisal Services. The subject property is zoned RU-I
(Residential Urban).
On September 7,1999, authorization to proceed with the proposed sale was granted. Staff
contacted all City Departments to determine if they had a present or future need for this parcel or
the existence of any conflicts with existing City owned improvements. The only request was the
reservation of an easement across the Southerly 5 feet of the property for future street widening
and utility purposes, for consistency with the circulation element of the General Plan. The
easement will be reserved to the City in the Quitclaim Deed.
Pursuant to San Bernardino Municipal Code Section 2.65.050, City property rnay be sold to
another public agency without the need for competitive bids as long as the property is sold at fair
market value. Since this parcel was acquired for Water Department nse, the proceeds of the sale
will be transferred to the Water Department, less staff costs.
On November 15, 1999, Resolution No. 1999-279 was adopted, setting a fair market value of
$25,000 and setting a public hearing for December 6,1999.
The attached Resolution authorizes the execution of a Sales and Purchase Agreement and
Quitclaim Deed to the City of Lorna Linda.
FINANCIAL IMPACT:
No fmancial impact to the City. Proceeds of the sale, less staff costs, will be transferred to the
Water Department.
RECOMMENDATION:
Staff recommends that the Public Hearing be closed and the attached Resolution authorizing the
execution of a Sales and Purchase Agreement and Quitclaim Deed be approved.
City Of Lonla Linda
25541 Barton Rood. Lorna Linda. California 92354-3160 . (909) 799-2800 . FAX (909) 799-2890
Sister City - Manipal. Karnataka. India
Mr. Bernard Kersey, General Manager
City of San Bernardino Municipal Water Department
300 North "D" Street
San Bernardino, CA 92418
11fD)ln 1 ~ 00 ~ n Ul~.:!
iIl11 JUl I 2 1999 i~!:
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GF.NHi:~.~ :/t\t':'iGEP.'S Oq'l~~__...J
July 8, 1999
RE: PARCEL NO. 0281122170000
Dear Mr. Kersey:
The City of Lorna Linda wishes to acquire the above referenced property for the purpose
of developing a water supply well. It is our intent that this letter shall serve as our formal
request to the City of San Bernardino to sell the property to the City of Lorna Linda. I
have submitted an appraisal, prepared by a certified appraiser, which values the land at
$25,000. We agree to close out all of the old wells on the property and comply with all
requirements and obligations as outlined by the Department of Health Services and the
City of San Bernardino.
I
i
We do request that the City of San Bernardino grant permission to the City of Lorna Linda
and/or its representatives to enter upon the referenced property for the purpose of closing
the old wells, drilling test wells, drilling and developing a new well and/or any activity
associated with the development, equipping, and operation of a municipal water supply
well.
If you do, in fact, concur with our proposa~ we ask that you declare the property as
surplus to your needs and commence the necessary procedures to consummate the sale of
the property to the City of Lorna Linda.
Sincerely,
~
,
\ -tf-0-
o rt Clute
City Manager
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Attachments
1I:\l.cttcrs Wclll)ropcrt~ Acquisition \an Bernardino 7/K/99
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Location of City
Property Proposed
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VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED SALE OF CITY PROPERTY
(WATER DEPARTMENT PROPERTY)
LOCATED ON THE NORTH SIDE OF GOULD
STREET, WEST OF RICHARDSON STREET.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS, Director
Subject: Resolution Establishing and Setting
Fair Market Value and Setting a Public Hearing
for Sale of City Property Located on the North
Side of Gould Street, West of Richardson
Street, to the City of Lorna Linda.
File No.:15.05-219
MCC Date: 11-15-1999
Dept: Development Services
Date: October 20,1999 OR I G I IV A L
Synopsis of Previous Council Action:
09-07-1999 --- Authorization was given to proceed with the sale of City property located on the
North side of Gould Street, West of Richardson Street
Recommended Motion:
ADOPT RESOLUTION
Contact person: LASZLO "Les" FOGASSY
~~s
Phone: 5026
Supporting data attached: Staff Report, Letter, Maps, Ward: 1
Resolution.
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
-1~
J1IJs-J'l~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution Establishing and Setting Fair Market Value and Setting a Public Hearing for Sale of
City Property Located on the North Side of Gould Street, West of Richardson Street, to the City
of Lorna Linda.
BACKGROUND:
The subject property consists of a 10,500 square foot parcel of land located on the north side of
Gould Street, west of Richardson Street. This Parcel was acquired by the Water Department as
part of the acquisition of South San Bernardino County Water District in 1993. The Water
Department has determined that they no longer need this well site and by action of the Board of
Water Commissioners on August 3,1999, declared this property as surplus and authorized its
sale.
The City of Loma Linda has submitted a letter of interest in acquiring this property for the
purpose of developing a water supply well (see attached). An appraisal in the amount of $25,000
was prepared by C.M. Benefiel Appraisal Services. The subject property is zoned RU-1
(Residential Urban). Staff has reviewed the appraisal and concurs with the value of
determination by the appraiser.
On September 7,1999, authorization to proceed with the proposed sale was granted. Staff
contacted all City Departments to determine if they had a present or future need for this parcel or
the existence of any conflicts with existing City owned improvements. The only request was the
reservation of an easement across the Southerly 5 feet of the property for future street widening
purposes, for consistency with the circulation element of the General Plan. The easement will be
reserved to the City in the Quitclaim Deed.
Pursuant to San Bernardino Municipal Code Section 2.65.050, City property may be sold to
another public agency without the need for competitive bids as long as the property is sold at fair
market value. Since this parcel was acquired for Water Department use, the proceeds of the sale
will be transferred to the Water Department.
The attached Resolution established the fair market value for this parcel at the appraised amount
of $25,000 and sets a public hearing for December 6, 1999, relative to the proposed sale.
FINANCIAL IMPACT:
No financial impact to the City. Proceeds of the sale, less staff costs, will be transferred to the
Water Department.
RECOMMENDATION:
Staff recommends that the attached Resolution establishing a fair market value and setting a
public hearing be adopted.
,- ~ . . . ,
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City Of Lorna Linda
25541 Barton Road, Lorna Linda. California 92354.3160 . (909) 799.2800 . FAX (909) 799-2890
Sister Cily - Manlpal. Karnataka. India
Mr. Bernard Kersey, General Manager
City of San Bernardino Municipal Water Department
300 North "D" Street
San Bernardino, CA 92418
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July 8, 1999
RE: PARCEL NO. 0281122170000
Dear Mr. Kersey:
The City ofLoma Linda wishes to acquire the above referenced property for the purpose
of developing a water supply well. It is our intent that this letter shall serve as our formal
request to the City of San Bernardino to sell the property to the City of Loma Linda. I
have submitted an appraisal, prepared by a certified appraiser, which values the land at
$25,000. We agree to close out all of the old wells on the property and comply with all
requirements and obligations as outlined by the Department of Health Services and the
City of San Bernardino.
We do request that the City of San Bernardino grant permission to the City ofLoma Linda
and/or its representatives to' enter upon the referenced property for the purpose of closing
the old wells, drilling test wells, drilling and developing a new well and/or any activity
associated with the development, equipping, and operation of a municipal water supply
well.
If you do, in fact, concur with our proposal, we ask that you declare the property as
surplus to your needs and commence the necessary procedures to consummate the sale of
the property to the City ofLoma Linda.
Sincerely,
~
\ p.0-
o rt Clute
City Manager
/2Lt-Lb
Attachments
I t:\l.etters Well Property Acquisition San Bernardino 7/8/99
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No Scale
5th St.
Mill St.
Location of City
Property Proposed
to be Sold
VICINITY MAP
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
PROPOSED SALE OF CITY PROPERTY
(WATER DEPARTMENT PROPERTY)
LOCATED ON THE NORTH SIDE OF GOULD
STREET, WEST OF RICHARDSON STREET.
~ indicates un-incorporated areas
~ within City's Sphere of Influence
Created by: 1-.FCX/ax>y Date: 01/28/0/7
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RESOLUTION NO.
6
WHEREAS, the City of San Bernardino, a municipal corporation, is the owner of the
7
8 hereinafter described parcel of real property, generally located on the North side of Gould Street,
9 West of Richardson Street in the City of San Bernardino, State of California, more fully
10 described below; and
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WHEREAS, the Mayor and Common Council of said City find and determine that there
is no necessity for the City' ownership of said Real property; and
WHEREAS, the Mayor and Common Council of said City believe it is in the best
interest of the City that said parcel of real property be disposed if at fair market value; and
WHEREAS, an appraisal was prepared by C.M. Benefiel Appraisal Service indicating a
fair market value of Twenty Five Thousand Dollars ($25,000.00); and
19
WHEREAS, the City of Loma LindB. has expressed a desire to purchase said real
20 property for water production use; and
WHEREAS, pursuant to Section 2.65.050, City owned property may be sold to another
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22 public agency without the need for competitive bid, so long as the sales price is not less than the
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fair market value of said real property.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The public interest and convenience require the sale of vacant City owned
real property, approximately 10,500 square feet in area, located on the North side of Gould
10/14/99
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RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETfING A PUBLIC HEARING FOr{ 1HE
1 SALE OF CITY PROPERTY LOCATED ON 1HE NORTH SIDE OF GOULD STREET, WEST OF
RICHARDSON STREET, IN 1HE CITY OF SAN BERNARDINO
2
3 street, West of Richardson Street in the City of San Bernardino to the City ofLoma Linda
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SECI'ION 2. It is therefore the intention of the Mayor and Common Council of the City
of San Bernardino to sell said real property to the City ofLoma Linda.
SECTION 3, The Mayor and Common Council do hereby find and detennine that the
8 Fair Market Value of the property and sales price is Twenty Five Thousand Dollars ($25,000.00).
9 SEcnON 4. The Mayor and Common Council of the City of San Bernardino do hereby
10 set public hearing to be held on December 6, 1999, at 10:00 a.m. or as soon thereafter as the
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matter can be heard, in the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California, relative to the proposed sale.
SECTION 5. Notice of the public hearing shall be published in The Sun, a newspaper of
general circulation, at least once prior to the public hearing and shall be posted in at least 3
conspicuous places on the property at least (10) days prior to the hearing.
SEcnON 6. Written and oral protest to such sale may be submitted and shall be
received at or prior to the public hearing. Written protests may also be submitted to the City
Clerk's Office, City Hall, 300 N. "0" Street, San Bernardino, California, prior to the public
hearing. .
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said sale at the public hearing, said property more particularly described as follows:
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SECTION 7. It is the intent of the Mayor and Common Council to consider and approve
That portion of the South one-half of Lot 175, Tract No. 2702, Loma Linda
Ranchos, as per plat recorded in Book 38 of Maps, Page 7, records of the County
Recorder of San Bernardino County, State of California, described as follows:
10/14/99
2
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RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETTING A PUBLIC HEARING FOR TIlE
1 SALE OF CITY PROPERTY LOCATED ON TIlE NORTH SIDE OF GOULD STREET, WEST OF
RICHARDSON STREET, IN TIlE CITY OF SAN BERNARDINO
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Beginning at a point on the South line of said Lot 175, 502 feet East of the
Southwest comer thereof; lhence North, a distance of 150 feet; thence East, a
distance of 70 feet; thence South, a distance of 150; thence West, a distance of70
feet to the Point of Beginning.
SECTION 8: The City will reserve the South 5 (five) feet of said real property
for street and highway pmposes and future street widening.
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10/14/99
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RESOLUTION ESTABLISHING FAIR MARKET VALUE AND SETI1NG A PUBLIC HEARING FOR TIlE
1 SALE OF CllY PROPERlY LOCATED ON TIlE NORm SIDE OF GOULD STREET, WEST OF
RICHARDSON STREET, IN TIlE CllY OF SAN BERNARDINO
2
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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4 Common Council of the City of San Bernardino at a
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meeting thereof
held on the
day of
. 19
, by the following vote, to
wit:
Council Members:
AYES
NA YES
ABSTAIN
ABSENT
ESTRADA
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LIEN
MCGINNIS
SCHNETZ
VACANT (SlH Ward)
ANDERSON
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
.19_.
JUDITII V ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City omey
?f~
1 0/14/99
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1999-296
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SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 6th day of December . 1999,
By and between the CITY OF SAN BERNARDINO, a municpal corporation ("SELLER") and
CITY OF LOMA LINDA ("BUYER") mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of Twenty Five Thousand Dollars
($25,000.00), shall deliver unto BUYER an executed Quitclaim Deed for that certain real
property generally located on the north side of Gould Street, West of Richardson Street, in
the City of San Bernardino, ("PROPERTY") commonly known as Assessor's Parcel
Number 01281-122-17, more fully described in Exhibit" A", attached hereto and made a
part hereof.
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Twenty Five
Thousand Dollars ($25,000.00), 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 and encumbrances
on said PROPERTY.
4. SELLER, the SELLER'S Water Department, their officers, agents or employees, shall not
be liable for control, carriage, handling, use, disposal or distribution of well water
produced by any well on said PROPERTY; nor for claims of damages of any nature
whatsoever, including, but not limited to, property damage, personal injury or death arising
out of or connected with such control, carriage, handling, use, construction, operation,
maintenance of any well on said PROPERTY. Further, BUYER agrees to indemnify,
defend and hold harmless the SELLER, the SELLER'S Water Department, their directors,
officers, agents and employees from any and all damages or claims for damages of any
nature arising out of this Agreement and the actions to be conducted by the BUYER
pursuant to this Agreement.
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/
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1999-296
SALES AND PURCHASE AGREEMENI' - crrr PROPERTY LOCATED ON THE NORTH
SIDE OF GOULD STREET, lW':ST OF RICHARDSON STREET.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF LOMA LINDA
BY:
~OFSANB:7
Title:
Approved as to form
And legal content:
ATTEST:
By:
~rlvJze1 U(wJ:, ,
Rachel Clark, City Cler~ 'All i'1 '
Dj .02IJctfdL Yi;fdl/)f0 .~1tfJ
JAMES F. PENMAN,
City A omey
1999-296
EXHIBIT "A"
That portion of the South one-half of Lot 175, Tract No. 2702, Loma Linda Ranchos, as
per plat recorded in Book 38 of Maps, Page 7, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Beginning at a point on the South line of said Lot 175, 502 feet East of the Southwest
comer thereof; thence North, a distance of 150 feet; thence East, a distance of 70 feet;
thence South, a distance of 150; thence West, a distance of 70 feet to the Point of
Beginning.
GRANTOR reserves unto itself, an easement for street and highway purposes and appurtenant
facilities, in, over, under and across the Southerly 5 feet of the above described real.property.
r. 1999-
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1999-296
REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF LOMA LINDA
25541 Barton Road
Lorna Linda, CA 92354-3160
APN: 0281-122-17
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 the CITY OF LOMA LINDA, 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"
DATE: .
/;;<. ;; ? )-9'99
/ /
CITY OF SAN BERNARDINO,
a municip corporation
ACKNOWLEDGEMENTOFGRANTOR(
U0/
VALLES, Mayor
STATE OF CALIFORNIA
COUNTY OF
} S.S.
On
before me,
. personally appeared
personally known to me (or proved to me on the basis ofsatisfactory evidence) to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that helshe/they executed the same in hislherltheir 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
.-'
1999-296
EXHIBIT "A"
That portion of the South one-half of Lot 175, Tract No. 2702, Lorna Linda Ranchos, as
per plat recorded in Book 38 of Maps, Page 7, records of the County Recorder of San
Bernardino County, State of California, described as follows:
Beginning at a point on the South line of said Lot 175, 502 feet East of the Southwest
comer thereof; thence North, a distance of 150 feet; thence East, a distance of 70 feet;
thence South, a distance of 150; thence West, a distance of 70 feet to the Point of
Beginning.
GRANTOR reserves unto itself, an easement for street and highway purposes and appurtenant
facilities, in, over, under and across the Southerly 5 feet of the above described real property.