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R-070-16 Approving the purchase and sale agreement with Edward Berki dba Pacific Ocean Drive 3315 LLC (7.5.16)
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R-070-16 Approving the purchase and sale agreement with Edward Berki dba Pacific Ocean Drive 3315 LLC (7.5.16)
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2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />RESOLUTION NO. R-70-16 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF COLTON APPROVING A PURCHASE AND SALE <br />AGREEMENT WITH EDWARD BERKI DBA PACIFIC <br />OCEAN DRIVE 3315 LLC FOR THE ACQUISITION OF <br />APPROXIMATELY 0.93 ACRES OF REAL PROPERTY; <br />AND TO AMEND THE FISCAL YEAR 2016-17 BUDGET TO <br />APPROPRIATE FUNDS ASSOCIATED WITH THE <br />TRANSACTION <br />WHEREAS, Edward Berki DBA Pacific Ocean Drive 3315 LLC ("Seller") is the owner <br />of that certain real property located at 1595 West Valley Boulevard (the "Property") in the City of <br />Colton, County of San Bernardino (APN 0254-191-09); and <br />WHEREAS, California Government Code Section 37350 provides that a city may <br />purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it <br />for the common benefit; and <br />WHEREAS, the City of Colton ("City") desires to purchase the Property from Seller to <br />facilitate the redevelopment of the Property; and <br />WHEREAS, Seller desires to sell the Property to the City, and City desires to purchase <br />the Property from Seller, through a Purchase and Sale Agreement, which includes joint escrow <br />instructions, in the form attached hereto as Exhibit "A" and incorporated herein (the <br />"Agreement"); and <br />WHEREAS, City staff has determined that the Seller's conveyance of the Property to <br />City is exempt from the requirements of the California Environmental Quality Act ("CEQA"), <br />pursuant to State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty <br />that the mere transfer of title to the Property from the Seller to the City will not have a significant <br />effect on the environment; and <br />WHEREAS, a budget appropriation for the purchase of the Property, not listed in the <br />2016-17 Fiscal Year budget, is required and must be approved by resolution of the City Council. <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON <br />RESOLVES AS FOLLOWS: <br />SECTION 1. RECITALS. The City Council does hereby find and affirm the above - <br />noted recitals are true and correct and hereby incorporated in the body of this Resolution as if <br />restated in full. <br />SECTION 2. APPROVAL OF AGREEMENT. The City Council hereby approves and <br />accepts the conveyance of the Property to the City by and pursuant to the terms and conditions set <br />forth in the attached Purchase and Sale Agreement and Joint Escrow Instructions. The City <br />Council hereby authorizes and directs the City Manager (with the concurrence of the City <br />-1- <br />
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