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Home My WebLink About2021-134 - Resolution RESOLUTION NO. 2021-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE CONVEYANCE OF PROPERTY FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) WHEREAS, the City of Rancho Cucamonga desires to purchase land described in the purchase agreement attached hereto (the "Property") for the following public purpose(s): recreation or other public use; WHEREAS, pursuant to direction from the City Council, City staff have negotiated a purchase and sale agreement for the acquisition of such Property from the California Department of Transportation (Caltrans) ("Seller") in the form attached hereto ("Purchase Agreement"). WHEREAS, the City Manager has executed the Purchase Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. The above recitals are true and correct and are a substantive part of this Resolution. Section 2. Subject to the conformity finding described in Section 3 being made by the Planning Commission of the City, the City accepts the conveyance of the Property by Seller pursuant to the terms of the Purchase Agreement, the execution of the Purchase Agreement by the City Manager is hereby ratified, and the City Manager is hereby authorized and directed to execute and deliver an appropriate certificate of acceptance with respect to the deed for the Property (and any other documents contemplated or required by the Purchase Agreement) and cause the deed, and the certificate of acceptance, to be recorded. Section 3. Section 65402(a) of the California Government Code requires that no real property shall be acquired until the location, purpose and extent of such acquisition has been reviewed for conformity with the general plan. Consequently, the City Council's approvals and ratification in Section 2 are subject to the Planning Commission making such conformity finding. Section 4. This purchase was assessed in accordance with the criteria contained in the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's local CEQA Guidelines. Staff has determined that the Resolution No. 2021-134— Page 1 of 3 proposed purchase is exempt from the requirements of CEQA. It can be seen with certainty that there is no possibility that the transfer and purchase of this property without any project associated with it will have a significant effect on the environment, because there is no project contemplated that is associated with the transfer and purchase. The City Council has reviewed the staffs determination of exemption and, based on its own independent judgment, concurs in staffs determination that the proposed purchase is exempt from CEQA and therefore not subject to CEQA review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. A Notice of Exemption will be prepared. Section 5. The officers and staff of the City are hereby authorized and directed,jointly and severally, to do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken by such officers and staff are hereby ratified and confirmed. Section 6. The City Clerk shall certify to the adoption of this resolution. Resolution No. 2021-134— Page 2 of 3 PASSED, APPROVED, and ADOPTED this 151h day of December 2021. L e is ich el, Mayo ATTEST: Jrice C. Reynolds, City derk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 15th day of December 2021. AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of December, 2021, at Rancho Cucamonga, California. nice C. Reynolds, City derk Resolution No. 2021-134— Page 3 of 3 EXHIBIT "A" FORM OF PURCHASE AND SALE AGREEMENT (Attached.) BID FORM - OPTION TO PURCHASE AGREEMENT For the purchase of the real property described as DD004461-01-03, located west of the 1-15 and Cherry Avenue in the City of Rancho Cucamonga, the undersigned bidder submits the bid of: ($230.000) for the property described above. Upon notification from the California Department of Transportation that the undersigned Bidder is the successful Bidder, this "Bid Form" becomes the "Option to Purchase Agreement" and the Bidder hereby agrees to the terms of this Option. The winning bidder will be required to pay to the Department of Transportation the amount representing 10% of the actual successful bid within five (5) business days of the sale. The Department must receive payment of bid deposit on or before Tuesday, September 7, 2021 by 11:30 AM or the deposit will be forfeited, and the Option will be awarded to the 2nd highest bidder. The balance of the purchase price shall be paid to the Department of Transportation for the bidder to exercise this Option on or before January 31, 2022 by 11:30 AM. All provisions of the"Terms of Option to Purchase Agreement" and contents of this Sales Brochure are hereby specifically incorporated by reference into the terms of this Option, and Bidderagrees to perform each of the terms. Bidder's Consent I understand that if I fail to complete the transaction as agreed, I forfeit all deposits made prior to that failure (e.g., Purchase Bid Deposit). I hereby understand and agree that the parcel(s) upon which I bid will be sold "AS-IS". This means that the State of California does not guarantee, warrant, or imply any potential for development or uses of said parcel(s). I have done due diligence regarding existing and/or potential use(s) of the parcel(s) and I have investigated, to my own satisfaction, any possible conflicts/problems with zoning and/or development regarding parcels upon which I bid. If I am the successful bidder, I shall hold the State of California harmless regarding the development potential of the parcel(s). Furthermore, I shall release the State from any liability regarding any/all conflicts with local zoning, building, or development requirements. Sale of the Caltrans property is subject to the approval of the California Transportation Commission. 6_�F have received and read these Terms of the Option to Purchase for this sealed bid auction. (Please initial) VESTING INFORMATION The property shall be conveyed by Director's Deed to: City of Rancho Cucamonga (Please print how title is to be vested) Check one: ❑ Husband and wife as joint tenants ❑ Joint Tenant ❑ A married man/woman as his/her sole and separate property ❑ Single Man ❑ Single Woman ❑ Husband and wife as community property ❑ Tenants in common Other: Individual Fee Simple It is also agreed that all notices and matters arising in connection with this transaction will be given to bidder in person or by certified mail addressed to: ==0111111. John Gillison, City Manager— 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (Please print Name and Address) It is understood that the Department of Transportation shall record said Director's Deed and the undersigned Bidder agrees to pay the cost of recording and any documentary transfer tax when the final balance is paid. Bidder may take possession of said real property as soon as said Director's Deed has been recorded. Name- John Gillison, City Manager., Date: 8/30/21 Signature: Phone #: 909-477-2700, ext 2000 EXHIBIT "B" LEGAL DESCRIPTION Exhibit "A" Legal Description Parcel No. DD004461-01-03 That portion of Grant Deed to the State of California recorded November 18, 1974 in Book 8559, Pages 60 through 65 of Official Records, in the Office of the San Bernardino County Recorder, in the City of Rancho Cucamonga, County of San Bernardino, State of California, lying northwesterly of the following described line: BEGINNING at the easterly terminus of Course "P" as described in said Grant Deed; thence (Course "Z") South 441139'44" West 1,776.81 feet to a point 60.00 feet easterly of and parallel with the West line of the Northwest Quarter of Section 26, Township 1 North, Range 6 West, San Bernardino Meridian, according to the Official Plat thereof; being the POINT OF TERMINUS of said reference line. EXCEPTING THEREFROM all that portion lying northerly of Courses "P"through "T" as described in said Grant Deed. There shall be no abutter's rights, including rights of access, appurtenant to the above described real property in and to the adjacent State highway along hereinabove said Course "Z". 08-SBd-015-PM 8.6 DD004461-01-03 Exhibit "A" Legal Description Parcel No. DD004461-01-03 The distances used in the above description are based on the California Coordinate System of 1983, Zone 5. Multiply all distances used in the above description by 1.00009175 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. \oNµ, O� Signature e Professional Land Surveyor EXP.003-31.20 ��, No. 9257 '�OF CA1.1��? Date: March 21, 2020 08-SBd-015-PM 8.6 DD004461-01-03 CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO , STATE OF CALIFORNIA C.F •C' TAN. R.6W. S.B.M. g'• SECTION 26 ��►0 PARCEL GoJtS p�� DD00446 1-01-OS AREA 146, 964 SQ. FT. p� `�� ,fie<t5e WEST LINE C° N.W. 114 SEC. 26 Jtsi G° o� �o eco o L � y o V 5e Go ha3 O o y GOJ sp ., �+� s, N om Ci 44,/0,0 cD Course "A" Jt �,' ti o o�. N32026'58"E L° �� Y �,, ; y N 47.87' 00 S.W. CORNER SOUTH LINE o m 68.55" N.W. 1 /4 SEC. 26 N.W. 114 SEC. 26 W W o ao O � 20U 550.66' FOR CTC REVIEW EXHIBIT " B " FOR INFORMATION ONLY STATE OF CALIFORNIA NOT FOR RECORDA TION CALIFORNIA STATE TRANSPORTATION AGENCY NOTES LEGEND DEPARTMENT OF TRANSPORTATION Coordinates and bearings Access Prohibited RIGHT OF WAY are on CCS 1983 Zone 5. Access Superseded DIRECTOR'S DEED MAP Distances and stationing ---Existing R/W Superseded are grid distances. ■ Access opening (Private) DD004461-01-03 Multiply by 1.00009175 to (R) Indicates Radial Bearing obtain ground distances. 0 Indicates Found Monument DETAIL MAP All distances are in feet o as noted Indicates calculated COPYRIGHT 2019 CALIFORNIA DEPARTMENT OF TRANSPORTATION. unless otherwise noted. point. (Does not imply ALL RIGHTS RESERVED. monument set) SCALE: 1" = 200' Title to State O Rewired for Others FEET 0 100 200 400 DRAFTED BY DATE I DISTRICT I COUNTY I ROUTE I SHEET PM I SHEET NO. 1 TOTAL SHEETS JONATHAN MADDOX L.S. 9257 03/21/2020 1 08 1 SBd 1 015 1 8.6 1 2 2 CITY OF RANCHO CUCAMONGA SS FOR CTC REVIEW COUNTY OF SAN BERNARDINO QP FOR INFORMATION ONLY �C� NOT FOR RECORDA TION STATE OF CALIFORNIA �P� j BANYAN STREE o I 0 W � Q 2 210 �- � J Q Z i Q � — W �O W W � v V W QF7F � LU Q m PARCEL 3 DD00446 1 - 01 - 03 w B BASELINE AVENUE EXHIBIT go B is STATE OF CALIFORNIA CALIFORNIA STATE TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION RIGHT OF WAY DIRECTOR'S DEED MAP f DD004461-01-03 INDEX MAP COPYRIGHT 2019 CALIFORNIA DEPARTMENT OF TRANSPORTATION. ALL RIGHTS RESERVED. NOTE: The State of California or its officers or agents shall not be responsible for the accuracy or NO SCALE 0� completeness of digital images of this map. FD—RAFTED BY JDATE DISTRICT COUNTY ROUTE SHEET PM SHEET TOTAL SH ET �� Jonathan Maddox L.S. 9257 03/21/2020 08 1 SBd 1 15 1 8.6 1 1 1 2 EXHIBIT "C" FORM OF GRANT DEED RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 464 W. 4th STREET, 6th FLOOR SAN BERNARDINO, CA 92401-1400 Attention: Excess Lands Manager- MS 980 Space above this line for Recorder's Use DIRECTOR'S DEED District County Route Postmile Number GRANT 08 SBd 015 8.9-9.2 DD004461-01-03 The State of California, acting by and through its Director of Transportation, hereinafter called STATE, hereby grants to CITY OF RANCHO CUCAMONGA, a municipal corporation hereinafter called GRANTEE, that real property in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as follows: See the fee simple interest in Exhibit "A", attached. Subject to special assessments if any, restrictions, reservations, and easements of record. 08-SBd-015-PM 8.9-9.2-DD004461-01-03 This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. City of Rancho Cucamonga—John Gillison, City Manager MAIL TAX 10500 Civic Center Dr., Rancho Cucamonga, CA 91730 STATEMENTS TO: Deed - DD004461-01-03 DJ 10/2015 Number DD004461-01-03 STATE OF CALIFORNIA DEPARTMENT OF Dated TRANSPORTATION APPROVED AS TO FORM AND PROCEDURE By ATTORNEY Director of Transportation DEPARTMENT OF TRANSPORTATION By Attorney in Fact t^c„a''- tom.- ti n 08-SBd-015-PM 8.9-9.2-DD004461-01-03 Deed - DD004461-01-03 DJ 10/2015 Exhibit "A" Legal Description Parcel No. DD004461-01-03 That portion of Grant Deed to the State of California recorded November 18, 1974 in Book 8559, Pages 60 through 65 of Official Records, in the Office of the San Bernardino County Recorder, in the City of Rancho Cucamonga, County of San Bernardino, State of California, lying northwesterly of the following described line: BEGINNING at the easterly terminus of Course "P" as described in said Grant Deed; thence (Course "Z") South 44139'44" West 1,776.81 feet to a point 60.00 feet easterly of and parallel with the West line of the Northwest Quarter of Section 26, Township 1 North, Range 6 West, San Bernardino Meridian, according to the Official Plat thereof; being the POINT OF TERMINUS of said reference line. EXCEPTING THEREFROM all that portion lying northerly of Courses "P" through "T" as described in said Grant Deed. There shall be no abutter's rights, including rights of access, appurtenant to the above described real property in and to the adjacent State highway along hereinabove said Course "Z". 08-SBd-015-PM 8.6 DD004461-01-03 Exhibit "A" Legal Description Parcel No. DDOO4461-01-03 The distances used in the above description are based on the California Coordinate System of 1983, Zone 5. Multiply all distances used in the above description by 1.00009175 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature d e 0 Professional Land Surveyor * EXR 03-31-20 .*. cp No. 9257 CA4�4��` Date: March 21, 2020 08-SBd-015-PM 8.6 DDOO4461-01-03