HomeMy WebLinkAboutCC Resolution 9982 (Purchase Bernard Hoffman Fields)RESOLUTION NO. 34 8 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL
AND THE DIXIE ELEMENTARY SCHOOL DISTRICT FOR
THE PURCHASE OF THE BERNARD HOFFMAN FIELDS
Whereas, THE DIXIE ELEMENTARY SCHOOL DISTRICT ("DISTRICT", herein) has
owned 3.8 acres of land in the City of San Rafael, commonly known as the Bernard Hoffman
Fields ("PROPERTY' herein) since 1954; and
Whereas, PROPERTY has been continually used for playground, playing field and other
outdoor recreational purposes since 1954 and has been maintained by CITY since 1978; and
Whereas, DISTRICT has declared PROPERTY to be surplus and no longer needed for
DISTRICT purposes; and
Whereas, pursuant to Government Code section 39394, the "Naylor Act" ("ACT" herein),
DISTRICT has given notice to CITY of its intent to sell PROPERTY; and
Whereas, CITY desires to preserve PROPERTY as playground, playing field and other
outdoor recreation areas for the use and enjoyment of the public in general, and the areas of North
San Rafael in particular; and
Whereas, CITY has timely notified DISTRICT of its intent to purchase PROPERTY under
the provisions and formula outlined in the "ACT"; and
Whereas, pursuant to Government Code section 39397, CITY has determined that public
land in the area of PROPERTY is inadequate to meet existing recreational needs; and
Whereas, City has adopted, as part of its General Plan 2000, a specific plan for the
acquisition of surplus school sites pursuant to Government Code section 39397.5; and
Whereas, CITY and DISTRICT have negotiated the terms of the purchase and sale of
PROPERTY according to the provisions and formula of the "ACT"; and
Whereas, DISTRICT has indicated its willingness to sell and CITY its willingness to
purchase the PROPERTY.
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES AS
FOLLOWS:
The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City
of San Rafael, an agreement between the CITY OF SAN RAFAEL and DIXIE ELEMENTARY
SCHOOL DISTRICT for the purchase of the Bernard Hoffman Fields. A copy of the agreement is
attached hereto and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the
City Council of the City of San Rafael, held on Monday, the 17'' day of November, 1997, by the
following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
2
JEJZ'M. LEONCINI, City Clerk
REAL PROPERTY PURCHASE AND SALE
AGREEMENT
Between
DIXIE SCHOOL DISTRICT
and
CITY OF SAN RAFAEL
HOFFMAN FIELDS
REAL PROPERTY PURCHASE AND SALE AGREEMENT,
This Real Property Purchase Agreement, ("Agreement") is made
and entered into this 17th day of NOVEMBER , 1997 by and
between the Dixie School District ("District" or "Seller") and the City
of San Rafael ("City").
RECITALS
WHEREAS, District has owned 3.8 acres of land in the City of
San Rafael, commonly known as the Bernard Hoffman Fields ("Property"
herein) since 1954; and
WHEREAS, Property has been continually used for playground,
playing field and other outdoor recreational purposes since 1954 and
has been maintained by City since 1978; and
WHEREAS, District has declared Property to be surplus and no
longer needed for District purposes; and
WHEREAS, pursuant to Government Code section 39394, the
"Naylor Act" ("Act" herein), District has given notice to City of its
intent to sell Property; and
WHEREAS, City desires to preserve Property as playground,
playing field and other outdoor recreation areas for the use and
enjoyment of the public in general, and the areas of North San Rafael
in particular; and
WHEREAS, City has timely notified District of its intent to
purchase Property under the provisions and formula outlined in the Act;
and
WHEREAS, pursuant to Government Code section 39397, City has
determined that public land in the area of Property is inadequate to
meet current recreational needs; and
WHEREAS, City has adopted, as part of its General Plan 2000,
a specific plan for the acquisition of surplus school sites pursuant to
Government Code section 39397.5; and
WHEREAS, City and District have negotiated the terms of the
purchase and sale of Property according to the provisions formula of
the Act; and
WHEREAS, District has indicated its willingness to sell and
City its willingness to purchase the Property.
NOW, THEREFORE, the parties hereto agree as follows:
dixiesr.agremnts\nem SALE TO CITY OF SAN RAPHAEL
1 November 7, 1997
1. AGREEMENT TO SELL AND PURCHASE.
District agrees to sell and City agrees to purchase the
Real Property commonly known as Bernard Hoffman Fields, located on Las
Collindas Road, San Rafael, California, as is more particularly
described in Exhibit "B" attached hereto and incorporated herein
("Property"). Property shall include any and all improvements thereon
to the extent the District has any interest therein.
2. PURCHASE PRICE.
The purchase price of Property is Three Hundred Fifty
Thousand Dollars ($350,000.00) ("Purchase Price"). City shall pay
District or its assignee the purchase price in cash at the close of
escrow.
3. ESCROW
This sale shall be consummated through an escrow
established with California Land Title Company of Marin, 700 Irwin
Street, San Rafael, California 94915, Escrow No. 210479 -PH. The
Parties agree that escrow shall close no later than Ncvember 1, 1997.
December
Within five (5) days after execution of this
Agreement, each party shall execute and deliver to the escrow holder:
(a) Its written instructions consistent with
the terms of this Agreement;
(b) An executed copy of this Agreement;
(c) Such other information, documents and
instruments as the escrow holder may reasonably require to enable it to
close a transaction on the closing date.
On close of escrow title shall vest in the "City of
San Rafael."
City shall pay all escrow costs and fees, all title
company costs and fees, recording fees, transfer taxes, title insurance
premiums and all closing costs and fees whatsoever.
4. DEED OF CONVEYANCE
District, or its assigns, shall, by grant deed,
convey to City a fee simple interest in Property free and clear of all
title defects, liens, encumbrances, deeds of trust and mortgages of
record. A preliminary report dated August 7, 1997 prepared by
California Land Title Company is attached hereto marked Exhibit "C."
5. NAYLOR ACT
The Parties acknowledge that this purchase is made
pursuant to Education Code §§ 39390 et seq. ("Act") and that the
purchase price and method of payment conform to the requirements of the
dixiesr.agremnts\nem SALE TO CITY OF SAN RAPHAEL
2 November 7, 1997
Act. The deed to the City shall contain the restrictions required by
Education Code §39398.
6. ASSIGNMENT
The City recognizes and agrees that the District
may assign the District's rights and obligations under this Agreement
to the Dixie Education Foundation, Inc.
7. TIME OF PERFORMANCE
Time is of the essence of this Agreement.
8. ATTORNEYS' FEES AND COSTS
If any action or proceeding involving a dispute
between City and District arises out of the performance of this
Agreement, the interpretation of any of the terms and provisions
contained therein, or the sale and purchase of Property, the prevailing
party shall be entitled to receive from the other party its reasonable
attorneys' fees and costs incurred in connection with any such action
or proceeding.
9. SURVIVAL
The omission from escrow instructions of any
provisions herein shall not waive any party's rights under this
Agreement. All representations or warranties shall survive the
conveyance of the Property.
10. ACCESS TO THE PROPERTY
District agrees to provide City, its inspectors and
representatives, reasonable access to the Property to perform any
inspection prior to the close of escrow.
11. NO BROKERS
Each party represents to the other that it has not
had any contact or dealings regarding the Property, or any
communication in connection with this transaction, through any real
estate broker or other person who can claim a right to a commission or
finder's fee. If any broker or finder makes a claim for a commission
or finder's fee based upon a contract, dealings or communications, the
party through whom the broker or finder makes this claim shall
indemnify, defend with counsel of the indemnified party's choice, and
hold the indemnified party harmless from all expense, loss, damage and
claims, including the indemnified party's attorneys' fees, arising out
of the broker's or finder's claim.
dixiesr.a9remnts\nem SALE TO CITY OF SAN RAPHAEL
3 November 7, 1997
12. ENTIRE AGREEMENT
This document contains the entire Agreement of the
Parties and supersedes all prior agreements or representations with
respect to Property which are not expressly set forth herein. This
Agreement may be modified only by a writing signed and dated by both
parties.
13. FORUM
This Agreement shall be subject to the laws of the
State of California.
14. TERMINATION OF JOINT POWER AGREEMENT.
The Parties by execution of this Agreement, hereby
terminate their JPA dated March 1, 1978 for the use and maintenance of
Property.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement as of the date written in the first paragraph of this
Agreement.
SELLER: DIXIE SCHOOL DISTRICT
By: `� G�l'� DATE: 1 / 97
Its: daqA"�-/
APPROOVED/ lAS TO FO
r
RICHARD V. DINO
ATTORNEY F DIXIE SCHOOL DISTRICT
BUYER: CITY OF SAN RAFAEL
By: ✓
B J BORO, MAYOR
Attest:
JE E M. LEONCINI, CITY CLERK
APPR A
Y T. GHIANTI CITY ATTORNEY
GAR ,
DATE: 11/21/97
dixiesr.agremnts\nem SALE TO CITY OF SAN RAPHAEL
4 November 7, 1997
Order No. 210479 -PH
DESCRIPTION
Exhibit "B"
All that certain real property situate in the City of San Rafael,
County of Marin, State of California, and is described as follows;
Parcel One, as shown upon that certain Parcel Map entitled "Parcel Map of
Division of Lands of Dixie School District (932 O.R. 58) Terra Linda, San
Rafael, Calif.", filed for record July 10, 1979 in Book 16 of Parcel Maps,
at Page 79, Marin County Records.
Excepting therefrom that portion as conveyed to Gabriel Moore, at ux, by
Deed recorded March 15, 1985 as Instrument No. 85010117, Marin County
Records, more particularly described as follows:
Beginning at the Northeast corner of Lot 154, as shown upon that certain
Map entitled "Map of Las Col.indas Unit Five", filed for record September
19, 1955 in Volume 8 of Maps, at Page 90, Marin County Records; thence
leaving said corner and running thence North 32° 50' East 5.00 feet to a
point which bears South 320 50' West 5.00 feet from the Northeast corner
of the parcel described in that certain Resolution recorded October 25,
1983 as Instrument No. 83 53606, Marin County Records; running thence from
said point, South 570 10' East, 30.00 feet; thence South 320 50' West
80.00 feet; thence North 57° 10' West 30.00 feet to the Southeast corner
of Lot 154 hereinabove described; thence from said corner and along the
Southeasterly boundary of said Lot 154, North 32° 50' East 75.00 feet to
the point of beginning.
Exhibit "C"
700 Irwin Street 591 Redwood Hwy., Ste. 2100 511 Sir Francis Drake Blvd.
San Rafael, CA 94901 Mill Valley, CA 94941 Greenbrav, CA 94904
(415) 454-9323 (415) 383-8410 (415) 461.7474
FAX (415) 454-7301 FAX (415) 388.5233 FAX (415) 925.0470
CALIFORNIA LAND i 1 i L,iE COMPANY OF MARIN
PROPERTY REFERENCE:
Assessor's Parcel No.
178-051-04
San Rafael, CA 94903
PREMUNARY REPORT
Our No.: 210479 -PH
Office: San Rafael
Reply To: Paul Hickman
Your No:
Buyer:
Date: August 14, 1997
in response to the above referenced application for a policy of title insurance,
CALIFORNIA LAND TITLE COMPANY OF MARIN
Supp
hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title
Insurance describing the land and the estate or interest therein, hereinafter set forth, insuring against loss which
may be sustained by reason of defect, lien or encumbrance not shown or referred to as an Exception in Schedule
B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy
forms.
The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached.
Copies of the Policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions attached to this
report carefully. The exceptions and exclusions are meantto provide you with notice of matters which are
not covered under the terms of the title insurunce policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title
and may not list all liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the
issuance of a policy of title insurance and no liability Is assumed hereby. If it is desired that liability be assumed
prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The form of Policy of Title Insurance contemplated by this report is:
California Land Title Association Standard Coverage Policy 1990
OR ALTA Residential Title Insurance Policy (6-1.87); and/or American Land
Title Association Loan Policy (10-17-92) with ALTA Endorsement - Form 1 Coverage
Dated as of: August 7, 1997
At: 7:30 a.m. WiiIialts 3, Curry
Title Officer
JC /MP /
AJP, fated wfrh CHICAGO X7Tl—FJNSURANCE COWANY
Order No. Z10 4 7 9 -PH
SCHEDULE A
1. The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
2. Title to said estate or interest at the date hereof is vested in:
Dixie School District of Marin County, California
3. The land referred to in this report is situate in the City of San Rafael,
County of Marin, State of California, and is described as follows:
SEE ATTACHED
Order No. 210479 -PH
DESCRIPTION
All that certain real property situate in the City of San Rafael,
county of Marin, state of California, and is described as follows:
Parcel One, as shown upon that certain Parcel Map entitled "Parcel Map of
Division of Lauds of Dixie School District (932 O.R. 58) Terra Linda, San
Rafael, Calif.", filed for record July 10, 1979 in Book 16 of Parcel Maps,
at Page 79, Marin County Records.
Excepting therefrom that portion as conveyed to Gabriel Moore, et ux, by
Deed recorded March 15, 1985 as Instrument No. 85010117, Marin County
Records, more particularly described as follows:
Beginning at the Northeast corner of Lot 154, as shown upon that certain
Map entitled "Map of Las Coli.ndas Unit Five", filed for record September
19, 1955 in volume 8 of Maps, at Page 90, Marin County Records; thence
leaving said corner and running thence North 32° 50' East 5.00 feet to a
point which bears South 320 50' West 5.00 feet from the Northeast corner
of the parcel described in that certain Resolution recorded October 25,
1983 as Instrument No. 83 53606, Marin County Records: running thence from
said point, South 570 10' East, 30.00 feet; thence South 32' 50' West
80.00 feet; thence North 57° 10' West 30.00 feet to the Southeast corner
of Lot 154 hereinabove described; thence from said corner and along the
Southeasterly boundary of said Lot 154, North 32° 50' East 75.00 feet to
the point of beginning.
� Order No.
210479 -PH
SCHEDULE B
At the date hereof, exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form
would be as follows:
I. General and special County and City taxes for the fiscal year
1997-1998, a lien not yet payable.
2. The herein described property is not presently assessed taxes due
to the fact that the vestee herein is an exempt body; however, if
said property is conveyed to a taxable entity, said property may be
assessed taxes for the remainder of said fiscal year
3. The lien of supplemental taxes, if any, assessed pursuant to the
provisions of Chapter 3.5 (commencing with Section 75) of the
Revenue and Taxation Code, of the State of California.
4. Certificate of Interest in Real Property (filed pursuant to Section
19563 Education Code) Certificate No. 371 executed by the Director
of Finance, State of California, recorded January 21, 1964 in Book
1771 of Official Records at Page 469, Marin County Records.
5. Right of the United States of America to recover any public funds
advances under the Higher Education Facilities Act (20 U.S.C.A.
Sec_ 1132a at seq.).
This exception may be waived for policy on satisfactory evidence
that the facility is not the recipient of any such funds.
6. The recruirement that wc: be supplied a Resolution from the Governing
Board of Trustees authorizing the proposed sale, designated who may
sign on behalf of District and that the District has complied with
all the provisions of Education Code Section 39360 et seq.
£ND OF SCHEDULE B
NOTE NO. 1: There are no conveyances affecting said land, recorded
within six (6) months of the date of this report.
NOTE NO. 2: If an ALTA Residential owner's Policy is requested in this
transaction, the following exception will appear in Schedule B:
Water rights, claims or title to water, whether or not shown by the
public records.
NOTE NO. 3: The charge for a policy of title insurance, when issued
through this title order, will be based on the basic (not short-term)
title insurance rate_
CONTINUED
Order No. 210479 -PH
EXCEPTIONS
(Continued)
NOTE NO. 4: If a 1970 ALTA Owner's or Lender's or 1975 ALTA
Leasehold Owner's or Lender's policy form has been requested, the
policy, when approved for issuance, will be endorsed to add the
following to the Zxclusions From Coverage contained therein:
Loan Policy Exclusion:
Any claim, which arises out of the transaction creating the
interest of the mortgagee insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency or similar
creditors' rights laws, that is based on:
(i) the transaction creating the interest of the insured
mortgagee being deemed a fraudulent conveyance or fraudulent
transfer; or
(ii) the subordination of the interest of the insured mortgagee
as a result of the application of the doctrine of equitable
subordination; or
(iii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except where
the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for
value or a judgment or lien creditor.
owner's Policy Exclusion:
Any claim, which arises out of the transaction vesting in the
insured, the estate or interest insured by this policy, by reason
of the operation of federal bankruptcy, state insolvency or similar
creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by
this policy being deemed a fraudulent conveyance or
fraudulent transfer; or
(ii) the transaction creating the interest of the insured
mortgagee being deemed a preferential transfer except where
the preferential transfer results from the failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser
for value or a judgment or lien creditor.
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NOM -TO BUYERSISELLERSIBOM _ -MERS
ALL MONIESIFUNDS WHICH YOU ARE REQUIRED TO DEPOSIT IN CONJUNCTION WITH AN
ESCROWCLOSING MUST, I3Y CALIFORNIA LAW" BE DEPOSITEDIMELDPRIORTO DISBURSEMENT
AS FOLLOWS:
Cash and wired funds may be disbursed on the same day as those funds are deposited.
2. Cashier's, Certified and Tellees Checks must be received and deposited one (1) business day prior to the date
of disbursement.
3. All other checks, individual, partnership, corporate and otherwise, must be deposited and held for a period of
three (3) to seven (7) business days prior to the date of disbursement, depending on origin.
PLEASE DISCUSS THE FUNDING WITH YOUR ESCROW OFFICER TO DETERMINE THE TIME PERIOD
GOVERNING YOUR TRANSACTION.
Wired Funds should be directed to :
For the account of:
IMPERIAL BANK
CALIFORNIA LAND TITLE COMPANY OF MARIN
1999 Harrison St.
Federal Wire Routing # 122201444
Oakland, CA 94612
(510)446-1980
BRANCH ACCOUNT NUMBERS:
San Rafael .18-027-631
Mill Valley 18-027-682
Greenbrae 18-027-585
STATUTORY FORM OF NOTICE REQUIRED PURSUANT TO CALIFORNIA REVENUEAND TAXATION
CODE
"in accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to
withhold an amount equal to 3 1!3% of the sales price in the case of a disposition of California real property interest
by either,
A seller who is an individual with a last known street address outside of California or when the disbursement
instructions authorize the proceeds be sent to a financial intermediary of the seller, OR
A corporate seller which has no permanent place of business in California.
The buyer may become subject to pcnalty for failure to withhold an amount equal to the lesser of 10 percent of the
amount required to be withheld or five hundred ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The Gales price: of the Californiu rival property conveyed noes not exceed one hundred thousand ($100,000),
OR
2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of
Califomia, or if a corporation. has a permanent place of business in California, OR
3_ The seller, who is an individual, executes a written certificate, under penalty of perjury, that the California real
property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue
Code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the
withholding requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant
reduced withholding and waivers from withholding on a case-by-case basis."
The seller may request a waiver by contacting: FRANCHISE TAX BOARD. Withhold at Source Unit
P. O. Box 651, Sacramento, CA 95812-0651 (916) 369.4900
'California Insurance Code #812413.1 (Effective 111190)