HomeMy WebLinkAbout2004-0591
2
3
4
5
11
14
15
RESOLUTION NO. 2004-59
RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
[ORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY -OWNED
ERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF 7TH
ET AND HARRIS STREET IN THE CITY OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy
which is attached hereto as Exhibit "1", and a Grant Deed, a copy of which is attached
17
18
19
20
21
22
23
24
25
26
27
28
as Exhibit "2", for the sale of certain City -owned property located at the southwest
of 7°i Street and Harris Street in said City, and more fully described in detail in
Exhibit "1" and said Exhibit "2".
SECTION 2. Said Agreement shall be null and void if either party fails to
the Agreement within sixty (60) days of the date of adoption of this Resolution.
2/04
2004-59
1
2
3
4
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ILUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF
-OWNED PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 7"' STREET AND HARRIS
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
non Council of the City of San Bernardino at a joint regular meeting thereof
on the Ist day of March , 2004 , by the following vote, to
until Members: AYES NAYS ABSTAIN ABSENT
TRADA x
City 'lerk
foregoing resolution is hereby approved this lq n+ dA} of l March 12004
approved as to form
nd legal content:
AMES F. PENMAN
;ity Attorney
ty: —: vj
S-V) CeLMSP/
I VALLES, Mayor
San Bernardino
2104
2
2004-59
SALES AND PURCHASE AGREEMENT
This Agreement ("AGREEMENT") is made and entered into this day of
2004, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
KENNETH L. OWENS ("BUYER") for the sale of City -owned property ("PROPERTY") described
below.
PROPERTY to be sold is generally at the southwest corner of 71h Street and Harris Street in the City of
San Bernardino, State of California, also know as Assessor's Parcel No. 0138-071-06 and is more fully
described in Exhibit "A", and shown on plat map attached hereto as Exhibit "A-1 ", attached hereto anc
made a part hereof.
In consideration of which, and for the other considerations hereinafter set forth, it is mutually agreed as
follows:
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 a vacant parcel as follows: Parcel is approximately 7,500 square feet and is
designated RS (Residential -Suburban) in the City of San Bernardino's General Plan.
Parties shall enter into escrow with Southland Title, 7530 N. Glenoaks Boulevard, Burbank,
California 91504, 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 Twenty-two Thousand Five Hundred Dollars ($22,500).
SELLER hereby acknowledges that BUYER shall deposit with SELLER, the amount of Two
Thousand Five Hundred Dollars ($2,500), which SELLER shall deposit into escrow towards said
purchase price.
5. SELLER SHALL:
A. Pay proportionate share of escrow and closing costs incurred with this transaction.
B. Reimburse BUYER for appraisal costs in the amount of $500 as a credit towards total purchase
price.
C. Deliver an executed Grant Deed to Escrow at Southland Title, 7530 N. Glenoaks Boulevard,
Burbank, California 91504.
D. 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. SELLER shall pay the premium for and charges related to the issuance of the
owner's title policy.
Ibl'iaf3f II�QI
2004-59
SALES AND PURCHASE AGREEMENT -Southwest corner of 7`h Street and Harris Street, Bid Spec.
No. I5.05-234
6. BUYER SHALL:
A. Pay the SELLER the sum of Twenty-two Thousand Five Hundred Dollars ($22,500) 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) 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 proportionate share of escrow and closing costs incurred in this transaction.
D. BUYER accepts the PROPERTY in an "as -is" condition.
7. BUYER'S DEFAULT AND FORFEITURE OF DEPOSIT.
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, in which event BUYER shall forfeit said deposit as liquidated damages and neither party
hereto shall have any further rights or obligations hereunder.
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 said deposit, together with any interest earned thereon shall be returned to BUYER, and
neither party hereto shall have any further rights or obligations hereunder.
2004-59
SALES AND PURCHASE AGREEMENT —Southwest corner of 7'�' Street and Harris Street, Bid Spec.
No. 15.05-234
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.
BUYER:
KENNETH L. OWENS
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
5f�6o%U6, Ca"v�64-
SELLER:
CITY OF
VALLES, Mayor
RAC EL CLARK, City Clerk
93
2004-59
Legal description for City property located at the southwest corner of 7"' Street and
Harris Street - APN: 0138-071-06
Lot 1, Block 2, Allen's Third Addition, as per plat thereof, recorded in Book 5 of Maps,
page 64, records of the County Recorder of San Bernardino County, State of California.
Exhibit "A"
2004-59
r
r
0
U
o:
all
'Sa
AVM SH
31V1S g
ep
m¢h
MIO
+�a9
9
O
i
Q
Q •
M1
�
w
O
� � a
�
O
Y
.P
w
N/
swan+--Ii—'
p —
-
•
0
n
0®
b
b
O®
O
1
(gel
p b
_ p
wO •
M1
O
� O
�
b
O e
M
L
I
N
�s
t
4+rrAl � I
O
!o l ,ONS b000'90-L(0-BCl0 • fOOL-ZOOL Y'J'a4Wewag ees -- — -----
EXHIBIT "A-1"
RECORDING REQUESTED BY:
2004-59
AND WHEN RECORDED MAIL THIS DEED AND,
UNLESS OTHERWISE SHOWN, MAIL TAX
STATEMENTS TO:
Kenneth L. Owens
402 W. Stevens, #C
Santa Ana, CA 92707
Escrow No.:
APN: 0138-071-06
SPACE ABOVE FOR RECORDER'S USE
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF
SAN BERNARDINO, a municipal corporation, hereby grants to KENNETH L. OWENS, the real
property in the City of San Bernardino, County of San Bernardino, State of California, described as follows:
Lot 1, Block 2, Allen's Third Addition, as per plat thereof, recorded in Book 5 of Maps,
page 64, records of the County Recorder of San Bernardino County, State of California.
Dated: MN,7.0y, J06y
STATE OF CALIFORNIA
COUNTY OF San Bernardino
ACKNOWLEDGEMENT OF G
} S.S.
March 4, 2004 before me, David Gutierrez
Judith Valles
CITY OF SAN BERNARDINO,
a mutpqt ipArcorporation
Mayor
personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s) , or the entity on behalf of which persons) acted, executed the instrument.
WITNESS my hand and official seal.
2
r
Signature
vt DAVID M. GUTIERREZ
N COmm.11363195
NOTARY PUBLIC-CALIFORNIA N
Son Bernordinro rA"!2006
MY. Comm. ExpiresJ� M
EXHIBIT "2"
SALES AND PURCHASE AGREEMENT
This Agreement (`AGREEMENT") is made and entered into this , / ,�Q day of
2004, by and between the CITY OF SAN BERNARDINO, a municipal corporation (`SELLER") and
KENNETH L. OWENS ("BUYER") for the sale of City -owned property (`PROPERTY") described
below.
PROPERTY to be sold is generally at the southwest corner of 7`h Street and Harris Street in the City of
San Bernardino, State of California, also know as Assessor's Parcel No. 0138-071-06 and is more fully
described in Exhibit "A", and shown on plat map attached hereto 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 a vacant parcel as follows: Parcel is approximately 7,500 square feet and is
designated RS (Residential -Suburban) in the City of San Bernardino's General Plan.
3. Parties shall enter into escrow with Southland Title, 7530 N. Glenoaks Boulevard, Burbank,
California 91504, 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 Twenty-two Thousand Five Hundred Dollars ($22,500).
SELLER hereby acknowledges that BUYER shall deposit with SELLER, the amount of Two
Thousand Five Hundred Dollars ($2,500), which SELLER shall deposit into escrow towards said
purchase price.
5. SELLER SHALL:
A. Pay proportionate share of escrow and closing costs incurred with this transaction.
B. Reimburse BUYER for appraisal costs in the amount of $500 as a credit towards total purchase
price.
C. Deliver an executed Grant Deed to Escrow at Southland Title, 7530 N. Glenoaks Boulevard,
Burbank, California 91504.
D. 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. SELLER shall pay the premium for and charges related to the issuance of the
owner's title policy.
SALES AND PURCHASE AGREEMENT —Southwest corner of 7'h Street and Harris Street, Bid Spec.
No. 15.05-234
6. BUYER SHALL:
A. Pay the SELLER the sum of Twenty-two Thousand Five Hundred Dollars ($22,500) 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) 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 proportionate share of escrow and closing costs incurred in this transaction.
D. BUYER accepts the PROPERTY in an "as -is" condition.
7. BUYER'S DEFAULT AND FORFEITURE OF DEPOSIT.
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, in which event BUYER shall forfeit said deposit as liquidated damages and neither party
hereto shall have any further rights or obligations hereunder.
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 said deposit, together with any interest earned thereon shall be returned to BUYER, and
neither party hereto shall have any further rights or obligations hereunder.
SALES AND PURCHASE AGREEMENT —Southwest corner of 7`h Street and Harris Street, Bid Spec.
No. 15.05-234
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.
BUYER:
4fe � �
KENNETH L. OWENS
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
J!" /46G r/-c co" Gz_
SELLER:
CITY OF
VALLES, Mayor
RAC EL CLARK, City Clerk
3'
Legal description for City property located at the southwest corner of 7th Street and
Harris Street — APN: 0138-071-06
Lot 1, Block 2, Allen's Third Addition, as per plat thereof, recorded in Book 5 of Maps,
page 64, records of the County Recorder of San Bernardino County, State of California.
Exhibit "A"
N
O
m
U
�pe
e a AVMH91H
o � cctt
mill c?IO
a51F°�
yw �yo+7si•x••w n• �-A
a"
O � O O 'i• i® � ^p � r ae,
a A
I
V
O
O A
a
a
a
I a l_
• O
—r—
n
•
•
_
- I a
p
I
I
�
O
I
•1 Y
. Y
siaavw---j—I O
O -
•
O
A
0•
a
®
_ a
O®
o
vim
p a
_ O
O A
a
a
a
a
•
� Q
O •
A
O
•4
/JY
.
p I
O Q O O
y
1W14esus'00009o-uo-SC�o-¢aoz-zoaz'vo'wiwew4eueS -- ----
EXHIBIT "A-1"
/
§
�
$
rm
\
\
\.
«. ... .
4; x :ip