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HomeMy WebLinkAbout2003-213 r 1 RESOLUTION NO. 2003-213 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 AT THE SOUTHEAST CORNER OF ORANGE SHOW ROAD AND AMOS A VENUE IN THE CITY OF SAN BERNARDINO. 5 6 7 8 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 9 and authorized to execute on behalf of said City, a Sales and Purchase Agreement, a copy 10 of which attached hereto as Exhibit "1", and a Grant Deed, a copy of which is attached 11 hereto as Exhibit "2", far the sale of certain City-owned property located at the southeast 12 corner of Orange Show Road and Amos Avenue in said City, and more fully described in 13 detail in said Exhibit"I" and said Exhibit "'2". 14 15 16 execute the Agreement within sixty (60) days of the date of adoption ofthis Resolution. 17 SECTION 2. Said Agreement shall be null and void if either party fails to //1 18 //1 19 //1 20 21 22 23 24 25 26 27 28 07 !I 5/03 2003-213 1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ORANGE SHOW ROAD 2 AND AMOS AVENUE. 3 4 Common Council of the City of San Bernardino at a 5 6 7 8 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular meeting thereof held on the 4th day of August , 20~, by the fallowing vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x 10 x LONGVILLE 11 12 MCGINNIS 13 DERRY x x 14 SUAREZ 15 16 17 18 19 20 21 22 23 x ANDERSON x MCCAMMACK x Q~,-,-J.. /~- ~ City't'ferk The foregoing resolution is hereby approved this I}.\\ August 2003 '- "-.~- JU T V ALLES, Mayor San Bernardino Approved as to form and legal content: ,; 24 JAMES F. PENMAN 25 City Attorney 26 27 28 /p~~ By: 07115/03 2 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 1. DOHERTY ("BUYER") for the sale of City owned property ("PROPERTY") described below. PROPERTY to be sold is generally at the southeast corner of Orange Show Road and Amos A venue in the City of San Bernardino, State of California, also known as Assessor's Parcel No. 0136-431-35 and is more fully described in Exhibit "A", and shown on plat maps 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 f'orth the whole of their negotiations. The performance of this ofTer 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 one vacant parcel approximately 16,131 square feet and is designated 1L (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, tar 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 Thirty Two Thousand Seven Hundred Eleven Dollars ($32,711). SELLER hereby acknowledges that BUYER has deposited with SELLER, a bid deposit amount of Three Thousand Four Hundred Dollars ($3,400), 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 at First American Title Insurance Company, 323 West Court Street. San Bernardino, Calit'ornia. C. Provide an owner's title policy naming the BUYER as the insured in the amount ofthe purchase price. insuring that the BUYER owns fee simple title to PROPERTY, subject to the permitted exceptions. SELLER shall pay the premium tar and charges related to the issuance of the owner's title policy. EXHIBIT" 1 " SALES AND PURCHASE AGREEMENT - Southeast corner olorange Show Road and Amos Avenue, Bid Spec. No. 15.05-223C 6. BUYER SHALL: A. Pay the SELLER the Sllm of Thirty Two Thousand Seven Hundred Eleven Dollars ($32,711) 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 andlor 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 breach by SELLER of its agreements hereunder, then SELLER shall have the right to terminate this AGREEMENT by giving BUYER written notice thereof, in which event BUYER shall f'orfeit said deposit as liquidated damages and neither party hereto shall have any further rights or obligations hereunder. 8. SELLER'S DEF AUL T AND RETURN OF DEPOSIT. If SELLER fails to perform any if its obligations hereunder, either prior to or at the closing of escrow, then 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 SALES AND PURCHASE AGREEMENT - Southeast corner oj"orange Show Road and Amos Avenue, Bid Spec. No 15JJ5-223C IN WITNESS WHEREOF, the parties hllve executed this Agreement the day and year as first written above. NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. BUYER: SELLER: CITt OF SAN BERNARDINO By: WILLIAM 1. DOHERTY Approved as to form and legal content: ATTEST: JAMES F. PENMAN, City Attorney av~ /~. ~ RACPtEL CLARK, City Clerk 3Y~ll~ 3 EXHIBIT A Legal Description for the Sale of City Property Located at the Southeast corner of Orange Show Road and Amos Avenue APN0136-431-35 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 Southerly of the South 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 Southwest corner of said Lot 56; thence north, along the West line of said Lot, a distance of 74.48 feet, more or less, to said South line of Orange Show Road; thence North 890 55' 26" East, along said South line, a distance of 155.40 feet; thence South 000 43' 34" East, a distance of 12 feet; thence North 890 55' 26" East, a distance of 52.49 feet, more or less, to the East line of said Lot 56; thence southeasterly and leaving said South line of Orange Show Road, along said East line, to the South line of said Lot 56; thence west, along said South line, a distance 248.48 feet, more or less, to the point of beginning. 16,131 square feet, more or less. ,.~ -.J \ , \ \ \ \ \ o R-A-N-G-E- ~W--RO-~ \- \ N 890 55' 26" E S 000 43' 34" E 12.00'_) 155.40' \ \ \ \ \ \ N 890 55' 26" E 52.49' :t \ ~ <C +1 <Xl "l" "<t r--. 56 248.48' + \ u~~~u [N](Q)o ~ @@~ VI ~ll~W u~(LlJ~~ [F~~[Mil~ [Mil J~L ~@ ! ~:3) SALE OF CITY PROPERTY LOCATED APN 0136-431-35 AT THE SOUTHEAST CORNER OF 16,131 sq. ft. :t ORANGE SHOW ROAD AND AMOS AVENUE. SHEET CITY OF SAN BERNARDINO 1 of 1 DEVELOPMENT SERVICES REAL PROPERTY SECTION File No. : 15.05-223C EXHIBIT "A-1" 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 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 Calif'ornia, described as follows: LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" 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 his/her/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" EXHIBIT A Legal Description for the Sale of City Property Located at the Southeast corner of Orange Show Road and Amos Avenue APN 0136-431-35 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 Southerly of the South 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 Southwest corner of said Lot 56; thence north, along the West line of said Lot, a distance of 74.48 feet, more or less, to said South line of Orange Show Road; thence North 890 55' 26" East, along said South line, a distance of 155.40 feet; thence South 000 43' 34" East, a distance of 12 feet; thence North 890 55' 26" East, a distance of 52.49 feet, more or less, to the East line of said Lot 56; thence southeasterly and leaving said South line of Orange Show Road, along said East line, to the South line of said Lot 56; thence west, along said South line, a distance 248.48 feet, more or less, to the point of beginning. 16,131 square feet, more or less. SALES AND PURCHASE AGREEMENT This Agreement ("AGREEMENT") is made and entered into this /.::J: day of OC'i:J&', 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 at the southeast corner of Orange Show Road and Amos Avenue in the City of San Bernardino, State of California, also known as Assessor's Parcel No. 0136-431-35 and is more fully described in Exhibit "A", and shown on plat maps 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: 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 one vacant parcel approximately 16,131 square feet and is designated 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, Calif'ornia, far 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 Thirty Two Thousand Seven Hundred Eleven Dollars ($32,711). SELLER hereby acknowledges that BUYER has deposited with SELLER, a bid deposit amount of Three Thousand Four Hundred Dollars ($3,400), 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 at First American Title Insurance Company, 323 West Court Street, San Bernardino, Calit'ornia. 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. - SALES AND PURCHASE AGREEMENT-Southeast corner of orange Show Road and Amos Avenue, Bid Spec. No. J 5. 05-223C 6. BUYER SHALL: A. Pay the SELLER the sum of Thirty Two Thousand Seven Hundred Eleven Dollars ($32,71 I) 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 fallows: 1) Covenants, conditions, restrictions and reservations of record. 2) Easements andlor 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 far any reason other than breach by SELLER of its agreements hereunder, then SELLER shall have the right to terminate this AGREEMENT by giving BUYER written notice thereof, in which event BUYER shall f'orfeit 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, then 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 SALES AND PURCHASE AGREEMENT - Southeast corner of orange Show Road and Amos Avenue, Bid Spec. No. 15.05-223C 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 / .? &/,P'~ JEJ~ WILLIAM 1. DOHERTY By: \~ Approved as to form and legal content: ATTEST: JAMES F. PENMAN, City Attorney ~~k.~ RA EL CLARK, CIty Clerk o o EXHIBIT A Legal Description for the Sale of City Property Located at the Southeast corner of Orange Show Road and Amos Avenue APN 0136-431-35 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 Southerly of the South 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 Southwest corner of said Lot 56; thence north, along the West line of said Lot, a distance of 74.48 feet, more or less, to said South line of Orange Show Road; thence North 890 55' 26" East, along said South line, a distance of 155.40 feet; thence South 000 43' 34" East, a distance of 12 feet; thence North 89055' 26" East, a distance of 52.49 feet, more or less, to the East line of said Lot 56; thence southeasterly and leaving said South line of Orange Show Road, along said East line, to the South line of said Lot 56; thence west, along said South line, a distance 248.48 feet, more or less, to the point of beginning. 16,131 square feet, more or less. "II " ~ \ , \ \ \ \ \ \ o R-A-N-G-E- ~W---R-O-AQ---:- - \ \ N 890 55' 26" E \ S 000 43' 34" E \ 12.00') 155.40' \ \ \ N 890 55' 26" E 52.49' :t \ ~ <( +1 co '<l- -.t r-... 56 248.48' + \ POB u~~~u [N](Q)o ~ @@~ VI ~ll~W U~[!jJ~~ [F~~M~ MJ~L ~@! ~~ SALE OF CITY PROPERTY LOCATED APN 0136-431-35 AT THE SOUTHEAST CORNER OF 16.131 sq. ft. :t ORANGE SHOW ROAD AND AMOS AVENUE. SHEET CITY OF SAN BERNARDINO 1 of 1 DEVELOPMENT SERVICES REAL PROPERTY SECTION File No. : 15.05-223C EXHIBIT "A-1'