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HomeMy WebLinkAbout2003-085 , . , ' 1 RESOLUTION NO. 2003-8~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY-OWNED 4 PROPERTY GENERALLY LOCATED NORTH AND SOUTH OF ORANGE SHOW 5 ROAD, WEST OF WATERMAN AVENUE IN THE CITY OF SAN BERNARDINO. 6 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy of which is attached hereto as Exhibit "I", and a Grant Deed, a copy of which is attached 11 hereto as Exhibit "2", for the sale of certain City-owned property located north and south 12 13 of Orange Show Road, west of Waterman Avenue in said City, and more fully described in detail in said Exhibit "1" and said Exhibit "2". 14 SECTION 2. Said Agreement shall be null and void if either party fails to 15 16 execute the Agreement within sixty (60) days of the date of adoption of this Resolution. 17 18 19 20 21 22 23 24 25 26 /II /II /II 27 28 04/21/03 1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF CITY-OWNED PROPERTY LOCATED NORTH AND SOUTH OF ORANGE SHOW ROAD, WEST OF 2 WATERMAN AVENUE. 3 4 5 6 7 8 9 2003-85 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bemardino at a held on the 21st day of wit: Council Members: AYES ESTRADA x LONGVILLE x MCGINNIS x DERRY x SUAREZ x ANDERSON x MCCAMMACK x April ioint regular meeting thereof , 20~, by the following vote, to NAYS 10 11 12 13 14 15 16 17 18 19 20 The foregoing resolution is hereby approved this 21 22 JAMES F. PENMAN City Attorney 28 l~ 03/24/03 ABSTAIN ABSENT u? '^-0u.J.. C{~dcL City 'eterk April 20 03 '- I i ' C e.:...- JUDy! VALLES, Mayor Ci(1 San Bernardino 2 2003-85 SALES AND PURCHASE AGREEMENT This Agreement ("AGREEMENT") is made and entered into this day of 2003, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and WILLIAM J. DOHERTY ("BUYER") for the sale of City owned property ("PROPERTY") described below. PROPERTY to be sold is generally located north and south of Orange Show Road, west of Waterman A venue, in the City of San Bernardino, State of California, also know as Assessor's Parcel No. 0136- 431-34 (Parcel One, hereafter referenced as "Parcel A") and 0136-421-23 (Parcel Three, hereafter referenced as "Parcel B") and is more fully described in Exhibit "A" and Exhibit "B", and shown on plat maps attached hereto as Exhibit "A-I" and Exhibit "B-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: I. 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 two vacant, non-contiguous parcels as follows: Parcel "A" is approximately 16, 225 square feet and is designated IL (Light Industrial) in the City of San Bernardino's General Plan; Parcel "B" is approximately 43, 839 square feet and is designated OIP (Office Industrial Park) and IL (Light Industrial) in the City of San Bernardino's General Plan. 3. Parties shall enter into escrow with First American Title Insurance Company, 323 West Court Street, San Bernardino, California, 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 Forty Two Thousand Seven Hundred Eleven Dollars ($42,71 I) for Parcel "A" and One Hundred Thirty Four Thousand Seven Hundred Eleven Dollars ($134,711) for Parcel "B". SELLER hereby acknowledges that BUYER has deposited with SELLER, a bid deposit amount of Five Thousand Two Hundred Dollars ($5,200) for Parcel "A" and Fifteen Thousand Dollars ($15,000) for Parcel "B", 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. Deliver an executed Grant Deed to Escrow #65917G at First American Title Insurance Company, 323 West Court Street, San Bernardino, California. C. 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. EXHIBIT" 1 " 2003-85 SALES AND PURCHASE AGREEMENT-Two parcels, North and South of Orange Show Road, West of Waterman Avenue, per Bid Spec. No. 15.05-223B 6. BUYER SHALL: A. Pay the SELLER the sum of Forty Two Thousand Seven Hundred Eleven Dollars ($42,711) for Parcel "A" and One Hundred Thirty Four Thousand Seven Hundred Eleven Dollars ($134,711) for Parcel "B", 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: I) Covenants, conditions, restrictions and reservations ofrecord. 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, 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. //1 //1 2 2003-85 SALES AND PURCHASE AGREEMENT-Two parcels, North and South of Orange Show Road, West of Waterman Avenue, per Bid Spec. No. 15.05-223B 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: SELLER: CITY OF SAN BERNARDINO By: WILLIAM 1. DOHERTY JUDITH V ALLES, Mayor Approved as to form and legal content: ATTEST: JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk 3 2003-85 EXHIBIT "A" Legal Description for the Sale of City Property Located North of Orange Show Road, East of Amos Avenue Parcel "A" APN: 0136-431-34 That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records of the County Recorder of San Bernardino County, State of California, lying Northerly of the North line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on August 16, 2000 as Document No. 20000294378, more fully described as follows: Beginning at the Northwest comer of said Lot 56, thence South, along the West line of said Lot, a distance of 153.21 feet, more or less, to said North line of Orange Show Road; thence North 890 55' 26" East, along said North line of Orange Show Road, a distance of 143.67 feet, more or less, to the East line of said Lot; thence northwesterly, along said East line, to the North line of said Lot; thence west, along said North line, a distance of 69.39 feet, more or less, to the point of beginning. 16,225 square feet, more or less. - - ~ - -E-N-N-I '10B I SALE OF CITY PROPERTY NORTH OF ORANGE SHOW ROAD, EAST OF AMOS AVENUE -~ ~ Lill 1 I g <( \ - <f 2003-~5 \ \ \ \ \ \ \ \ 10\ y \ 69.39':1: \ \ PARCEL +1 ..... C\J M lC) ..... "A" 56 \ \ 1J \ \ \Y I \ \ \ I \ ~ OR-Af'+G[;: ~w.--HG~ \ \ u[R1~(Cu [M(Q)o ~ @@@ VI ~ll~W u[R1\UJ(c~ [F~[R1~~ ~ J~t ?2,@ j ~ ~ N 890 55'26" E 143.67':1: PARCEL "A" APN 0136-431-34 16,225 sq. ft. :I: File No. : 15.05-223 Exhibit IA-1" CITY OF SAN BERNARDINO DEVELOPMENT SERVICES REAL PROPERTY SECTION 2003-85 EXHIBIT "B" Legal Description for the Sale of City Property Located at the Southwest corner of Orange Show Road and Waterman Avenue Parcel "B" APN: 0136-431-23 That portion of Lot 102, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records of the County recorder of San Bernardino County, State of California, described as follows: Beginning at the Northwest comer of said Lot 102, said point also being on the South line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded August 16, 2000 as Document No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet; thence South 000 04' 34" East, a distance of 1.30 feet; thence South 45002' 48" East, a distance of 43.77 feet to the West line of Waterman Avenue; thence south, along said West line to the South line of said Lot 102; thence west, along said South line, to the West line of said Lot; thence northwesterly, along said West line, to the point of beginning. 43,839 square feet, more or less. 2003-85 I I I I - -3-R~NvL - - - - - -N-~fuhM- -- I!If2) @) @) o g c~ --G= g O<J ~ G= / ctl o Cl. '" sf1~ ;+; ~r I I ~ CD Z ~ q) I I \ ,<v ",'0 o ()'t '\'" ~ "'. '" ...... { .: ~ '. ''''~ ~ iJj '" ::: ;... lX3 ~ ::: c;; '" '" w m ~ ~ 0 ~ [g a:: ~ ~ <') c -- " ./' " " " " (tflJ) ~ ~ ~ [1J1, ~ g d ~ G= ~ ru d d ~ ?:> ,," " " " " / / / " " / " " " " @f?) v= ~ @) ~ o (QQ) o ~ " / / " ...................... :: :/~ G'" ~ f ~g~ \ ~ : :"" ; :<( , :5 , j-..: \'" /lU .......... ..._._......... Cl OO)z zUJO -()- 0_1- o::>() <O::UJ ZUJO) 0::0)>- WI-I- tOzO:: ZWUJ <::20.. (J)o..O u.OO:: 0-10.. UJ-I >-><( I-UJUJ 000:: I- ll)~ - I Ill) x= ill C') C') .'1I+IN in.- . N : C') =: .n -I"I'o-~ w<O(J)L!'l O C') Ol .- ,... ("t') .. O::ococ:i <z C"i Z l1.o..'<t <( Q) U. , 0 ~l1..z 0::0<( wO::o a.W<(W OZO=> o::O::O::Z a.o:!:w ~::O;;: -UJ:CZ owUJ<( l1..:!:w~ 0:ct90:: wf-ZW -'=>~~ ;7j550:!: 2003-85 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN, MAIL TAX STATEMENTS TO: William J. Doherty 1402 Peacock Hill Santa Ana, CA 92705 Escrow No.: APN: 0136-431-34/0136-431-23 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 WILLIAM J. DOHERTY, the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTIONS ATTACHED AS EXHIBIT "A" and EXHIBIT "B" CITY OF SAN BERNARDINO, a municipal corporation Dated: By: JUDITH VALLES, Mayor STATE OF CALIFORNIA COUNTY OF ACKNOWLEDGEMENT OF GRANTOR(S): } S.S. On before me, , personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) 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 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 EXHIBIT "2" 2003-85 EXHIBIT "A" Legal Description for the Sale of City Property Located North of Orange Show Road, East of Amos Avenue Parcel "A" APN: 0136-431-34 That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records ofthe County Recorder of San Bernardino County, State of California, lying Northerly of the North line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on August 16,2000 as Document No. 20000294378, more fully described as follows: Beginning at the Northwest comer of said Lot 56, thence South, along the West line of said Lot, a distance of 153.21 feet, more or less, to said North line of Orange Show Road; thence North 890 55' 26" East, along said North line of Orange Show Road, a distance of 143.67 feet, more or less, to the East line of said Lot; thence northwesterly, along said East line, to the North line of said Lot; thence west, along said North line, a distance of 69.39 feet, more or less, to the point of beginning. 16,225 square feet, more or less. !-~--- 2003-85 EXHIBIT "B" Legal Description for the Sale of City Property Located at the Southwest corner of Orange Show Road and Waterman Avenue Parcel liB" APN: 0136-431-23 That portion of Lot 102, Valley Truck Farms Tract No. 1995, as per plat thereofrecorded in Book 29 of Maps, page 13, records of the County recorder of San Bernardino County, State of California, described as follows: Beginning at the Northwest corner of said Lot 102, said point also being on the South line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded August 16,2000 as Document No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet; thence South 000 04' 34" East, a distance of 1.30 feet; thence South 450 02' 48" East, a distance of 43.77 feet to the West line of Waterman Avenue; thence south, along said West line to the South line of said Lot 102; thence west, along said South line, to the West line of said Lot; thence northwesterly, along said West line, to the point of beginning. 43,839 square feet, more or less. 2003-85 PESORDING REQUESTED BY: AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN, MAIL TAX STATEMENTS TO: William J. Doherty 1402 Peacock Hill Santa Ana, CA 92705 Escrow No.: APN: 0136-431-34/0136-431-23 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 WILLIAM J. DOHERTY, the real property in the City of San Bernardino, County of San Bernardino, State of California, described as follows: LEGAL DESCRIPTIONS ATTACHED AS EXHIBIT "A" and EXHIBIT "B" CITY OF SAN BERNARDINO, I corporation STATE OF CALIFORNIA COUNTY OF San Bernardino )" 'L' By: l- C "'~, Jl)btfH V ALLES, Mayor ACKNOWLEDGEMENT OF GRANTO~;' / } S.S. / Dated: April 24, 2003 On April 24. 2003 before me, David M. Gutierrez , personally appeared Judith Valles personally known to me (or proved to me on the basis of satisfactory evidence) to be the person~) whose name~) isAlI\: subscribed to the within instrument and acknowledged to me that:luvsheilbey executed the same in:iW;lher~ authorized capacity14~, and that byxio/her/1beir signature(x) on the instrument the person(>:), or the entity on behalf of which person(s) acted, executed the instrument. WITNESS my hand and official seal. /, ~' , {i,' ,('I,;. " Signature , I '1';. .t~ .. ~ .~"" ~ (t l,ty \,: I) .1. DAVID M. GUTIERREZ ~ - Comm.' 1363195 III NOTARY PUBlIC.CAlIFilRNIA III 1 San Bernlrdino County - . ~.~~. e.resJI.IIlI30,200S1 2003-85 EXHIBIT" A" Legal Description for the Sale of City Property Located North of Orange Show Road, East of Amos Avenue Parcel A APN: 0136-431-34 That portion of Lot 56, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records of the County Recorder of San Bernardino County, State of California, lying Northerly of the North line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded on August 16,2000 as Document No. 20000294378, more fully described as follows: Beginning at the Northwest corner of said Lot 56, thence South, along the West line of said Lot, a distance of 153.21 feet, more or less, to said North line of Orange Show Road; thence North 890 55' 26" East, along said North line of Orange Show Road, a distance of 143.67 feet, more or less, to the East line of said Lot; thence northwesterly, along said East line, to the North line of said Lot; thence west, along said North line, a distance of 69.3 9 feet, more or less, to the point of beginning. 16,225 square feet, more or less. 2003-85 EXHIBIT "B" Legal Description for the Sale of City Property Located at the southwest comer of Orange Show Road and Waterman Avenue Parcel B APN: 0136-431-23 That portion of Lot 102, Valley Truck Farms Tract No. 1995, as per plat thereof recorded in Book 29 of Maps, page 13, records of the County recorder of San Bernardino County, State of California, described as follows: Beginning at the Northwest comer of said Lot 102, said point also being on the South line of Orange Show Road, as described in Resolution No. 2000-235 of the City of San Bernardino, recorded August 16,2000 as Document No. 20000294378; thence North 890 55' 26" East, along the North line of said Lot 102, a distance of 550.17 feet; thence South 000 04' 34" East, a distance of 1.30 feet; thence South 45002' 48" East, a distance of 43.77 feet to the West line of Waterman A venue; thence south, along said West line to the South line of said Lot 102; thence west, along said South line, to the West line of said Lot; thence northwesterly, along said West line, to the point of beginning. 43,839 square feet, more or less.