HomeMy WebLinkAbout2001-203
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1 RESOLUTION NO. 2001-203
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF A PURCHASE AND SALE AGREEMENT AND QUITCLAIM DEED
RELATIVE TO THE SALE OF WATER DEPARTMENT PROPERTY LOCATED AT ORANGE
3 SHOW ROAD AND WASHINGTON STREET.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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6
SECTION 1.
The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of the City of San
8 Bernardino a Purchase and Sale Agreement between the City and Mathis
9 Davis and Eddie C. Davis for said Water Department property
10 referenced in Section 2 below, a copy of which is attached hereto as
11 Exhibit "A" and made a part hereof.
12
SECTION 2.
The Mayor of the City of San Bernardino is hereby
13 authorized and directed to execute on behalf of the City a Quitclaim
14 Deed to Mathis Davis and Eddie C. Davis for Water Department
15 property located at Orange Show Road and Washington Street in San
16 Bernardino and more particularly described in said Quitclaim Deed, a
17 copy of which is attached hereto as Exhibit "B" and made a part
18 hereof.
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SECTION 3.
All proceeds from the sale of said property shall
20 be collected by the Water Department through that certain Promissory
21 Note executed by Mathis Davis and Eddie C. Davis.
22
SECTION 4.
Said Agreement shall be null and void if either
23 party fails to execute same within sixty (60) days of date of
24 adoption of this resolution.
25 I HEREBY CERTIFY that the foregoing resolution was duly adopted
26 by the Mayor and Common Council of the City of San Bernardino at a
27 j oint regular meet ing thereof, held on the .l8..!;h.. day of June
28 2001, by the following vote to wit:
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2001-203
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE
1 AND SALE AGREEMENT AND QUITCLAIM DEED RELATIVE TO THE SALE OF WATER DEPARTMENT
PROPERTY LOCATED AT ORANGE SHOW ROAD AND WASHINGTON STREET,
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COUNCIL MEMBERS AYES NAYS ABSENT ABSTAIN
ESTRADA X
LIEN X
MCGINNIS X
SCHNETZ X
SUAREZ X
ANDERSON X
MCCAMMACK X
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~l~~
~~
City Clerk
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)} I c,.,
day
The foregoing resolution is hereby approved this
June f 2001. 1'"'\
of
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16
;' ,/,,_
"'-jiL ~,'
, udith Valles, Mayor
Ci~y of San Bernardino
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19 Approved as to form
,
and legal content:
20
21 JAMES F. PENMAN
City Attorney
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23 Bzr. j-p,-,
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2001-203
1
PURCHASE AND SALE AGREEMENT
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THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY is
4 entered into by and between the CITY OF SAN BERNARDINO (" Seller")
5 and MATHIS AND EDDIE C. DAVIS ("Buyer") this 18th
June
day of
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10
, 2001.
WIT N E SSE T H
WHEREAS, Seller is the record owner of certain real property
11 generally known as Assessor's Parcel Number 0136-441-04 located in
12 the City of San Bernardino ("Property") and more fully described as
13 follows:
14 THAT PORTION OF LOT 25, VALLEY TRUCK FARMS TRACT No. 1995, AS PER PLAT
THEREOF RECORDED IN BOOK 29 OF MAPS, PAGE 13, RECORDS OF THE COUNTY
15 RECORDER OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS
FOLLOWS:
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COMMENCING AT THE NORTHEAST CORNER OF SAI D LOT 25, AND FOLLOWING THE
VARIOUS COURSES AND DISTANCES OF ORANGE SHOW ROAD RIGHT OF WAY AS
DESCRIBED IN RESOLUTION No. 2000-235 OF THE CITY OF SAN BERNARDINO,
RECORDED ON AUGUST 16, 2000 AS DOCUMENT No. 20000294378; THENCE
SOUTH 890 53' 07" WEST, ALONG THE NORTH LINE OF SAID LOT 25, A
DISTANCE OF 10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 000 06'
53" EAST, A DISTANCE OF 10.97 FEET; THENCE SOUTH 500 27' 16" WEST,
A DISTANCE OF 42.82 FEET; THENCE SOUTH 000 22' 36" EAST, A DISTANCE OF
6 FEET; THENCE SOUTH 890 37' 24" WEST, A DISTANCE OF 357.02 FEET TO
THE WEST LINE OF SAID LOT 25; THENCE NORTH, ALONG SAID WEST LINE AND
LEAVING SAID ORANGE SHOW ROAD RIGHT OF WAY, TO THE NORTHWEST CORNER OF
SAID LOT 25; THENCE EAST, ALONG SAID NORTH LINE OF LOT 25 TO THE TRUE
POINT OF BEGINNING.
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CONTAINS 16, 557 SQUARE FEET :t
WHEREAS, on April 16, 2001, the Seller accepted the bid of
26 $17,200.00 from Buyer to purchase said property; and
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WHEREAS, Buyer has deposited with the Seller the sum of One
28 Thousand, Seven Hundred Twenty Dollars ($1,720) as down payment for
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2001-203
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said property.
NOW THEREFORE, for valuable consideration, receipt of which is
hereby acknowledged by each part to this Agreement, it is agreed
between the parties as follows:
SECTION 1. Purchase Price. Seller agrees to sell the Property
to Buyer and Buyer agrees to purchase from Seller the Property on
the terms and conditions set forth in the Agreement. The purchase
price of the Property shall be the total sum of Seventeen Thousand,
Two Hundred Dollars ($17,200), less deposit made by Buyer in the
amount of One Thousand, Seven Hundred Twenty Dollars ($1,720) for a
net amount of Fifteen Thousand, Four Hundred Eighty Dollars
($15,480) payable in monthly payments of Five Hundred Dollars ($500)
plus interest at the rate of 7.75% per annum on the unpaid balance.
Payments will commence on July I, 2001 and become due and payable on
the first of each month thereafter. Buyer shall execute a Promissory
Note and Deed of Trust as security for this indebtedness.
SECTION 2. Condition of Property. Seller is selling Property
in an I'as-is" condition.
SECTION 3. Transfer of Title. Seller shall execute and
deli ver a Quitclaim Deed for the purpose of conveying Property to
Buyer. The Quitclaim Deed shall be dated as of the date of this
agreement.
SECTION 4 . Condition of Title. Title to the Property shall be
free and clear of all liens, restrictions, easements and
encumbrances except for those accepted by the Buyer.
SECTION 5. Possession. Seller shall retain ownership of the
of recordation
Property to the
and including
conveying title
the
of
date
the
of the
Buyer,
Property
Quitclaim
up to
Deed
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2001-203
1 whereupon the Buyer shall be entitled to immediate and exclusive
2 possession of the Property.
3
SECTION 6.
Hazardous Materials.
Seller represents that, to
4 the best knowledge of the Seller, there has been no production,
5 storage or disposal of any hazardous materials on the Property while
6 under ownership of the Seller or prior to ownership by the Seller,
7 and Buyer acknowledges that he has satisfied himself that Property
8 is free and clear of hazardous materials.
9
SECTION 7.
Each party to this Agreement
Broker Fees.
10 represents and warrants to the other party that they have not dealt
11 with any broker or other person entitled to claim a commission in
12 connection with this transaction.
Each party hereby agrees to
13 indemnify and hold the other party harmless from claims made by any
14 such person for a commission or like compensation.
15
SECTION 8.
Buyer shall defend, indemnify and
Hold Harmless.
16 hold harmless the Seller against all claims, demands,
suits,
17 judgements, legal expenses and attorney fees, if any, arising out of
18 the sale of Property to Buyer.
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IN WITNESS WHEREOF, the parties to these present have hereunto
set their hands the year and date first above written.
21
A"
" \1 UjA/
Judi~Valles, Mayor
City o~ San Bernardino
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Approved as to form
and legal content:
BUYER: ~)
~cu-~
Mathis Davis
,/f '/i (/)
/...?4ttA!,0 U/ ~;
Eddie C. Davis
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JAMES F. PENMAN
City Attorney
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By: L 1~~
(I
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