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RESOLUTION NO. 2001-249
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RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
4 PROPERTY GENERALLY LOCATED NORTHWESTERLY OF UNIVERSITY
PARKWAY, NORTHEASTERLY OF KENDALL DRIVE IN THE CITY OF SAN
5 BERNARDINO.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the Mayor of the City of San Bernardino is hereby directed
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12 attached hereto as Exhibit "2", for the sale of certain City property located northwesterly
13 of University Parkway, northeasterly of Kendall Drive, in said City, and more fully
14 described in detail in said Exhibit "1" and said Exhibit "2".
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SECTION 2, Said Agreement shall be null and void if either party fails to
execute the Agreement within sixty (60) days of the date of adoption ofthis Resolution.
2001-249
1 RESOLUTION AUTHORIZiNG EXECUTlON OF AN AGREEMENT AND QUITCLAIM DEED FOR
SALE OF CITY PROPERTY NORTHWESTERLY OF UNIVERSITY PARKWAY, NORTHEASTERLY
2 OF KENDALL DRIVE
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
joint regular
meeting thereof
held on the 20th
day of
August
, 20~, by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
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12
13
14
15
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18
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ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
SUAREZ x
ANDERSON x
MCCAMMACK x
(2~,h-~
City'elerk
day of
August
,20~.
VALLES, Mayor
f San Bernardino
2001-249
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this 23rd day of August ,2001,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
UNIVERSITY COMMONS, LLC, ("BUYER"), mutually agree as follows:
1. SELLER, upon payment from BUYER in the amount of Seventeen Thousand Four
Hundred Dollars ($17,400.00), shall deliver unto BUYER an executed Quitclaim Deed for
a portion of that certain real property generally located northwesterly of University
Parkway, Northeasterly of Kendall Avenue, in the City of San Bernardino,
("PROPERTY") being a portion of University Parkway as vacated by Resolution No.
2001-91 of the Mayor and Common Council of the City of San Bernardino and more fully
described in Exhibit "A", attached hereto and made a part hereof.
2. BUYER shall deliver to SELLER, cash or certified funds in the amount of Seventeen
Thousand Four Hundred Dollars ($17,400.00), as payment in full for the purchase of said
PROPERTY.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPERTY in an "as-is" condition, including the existence of any liens, encumbrances,
restrictions and easements on said PROPERTY.
4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors,
officers, agents and employees from any and all damages, or injuries, or claims for
damages or injuries, of any nature arising out of this Agreement or the actions to be
conducted by the BUYER pursuant to this Agreement.
5. BUYER shall pay all recording fees and title fees, including but not limited to title
insurance.
6. BUYER shall submit to the City of San Bernardino, Public Works Department, a
Certificate of Compliance for a lot merger for each of the parcel(s) adjacent to the
property being conveyed herein, that are owned by the BUYER. Said submittal shall be in
a format acceptable to the City. Any fees, including recording fees, shall be the
responsibility of the BUYER. The recording of said Certificate of Compliance shall occur
concurrently with said Quitclaim Deed .
7. No obligation other than those set forth herein will be recognized.
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EXHIBIT "I"
2001-249
SALES AND PURCHASE AGREEMENT - PORTION OF CITY PROPERTY LOCATED
NORTHWESTERLY OF UNIVERSITY PARKWAY, NORTHEASTERLY OF KENDAIL DRIVE.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
UNIVERSITY COMMONS, LLC
CITY OF SAN BERNARDINO
BY:
Approved as to form
And legal content:
JAMES F. PENMAN,
City Attorney
~CI~
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2001-249
REQUESTED BY AND
WHEN RECORDED MAIL TO:
University Commons, LLC
c/o Berkson Realty Advisors
1337 India Street
San Diego, CA 9210 I
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN
BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER
QUITCLAIM to UNIVERSITY COMMONS, LLC, the following real property located in the City of San
Bernardino, County of San Bernardino, State of California, described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
DATE:
CITY OF SAN BERNARDINO,
a municipal corporation
ACKNOWLEDGEMENT OF GRAN
STATE OF CALIFORNIA
COUNTY OF
} S.S.
v
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 hislher/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"
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2001-249
EXHIBIT "A"
A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHWEST QUARTER OF
SECTION 17, TOWNSmp I NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN,
BEING A PORTION OF THAT PORTION OF UNIVERSITY PARKWAY AS VACATED BY
RESOLUTION NO. 2000-91 OF THE CITY OF SAN BERNARDINO, RECORDED AS
DOCUMENT NO. 20010181612, RECORDS OF THE COUNTY RECORDER OF SAN
BERNARDINO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF KENDALL DRIVE AND
UNIVERSITY PARKWAY, AS SHOWN ON PARCEL MAP NO. 15537, AS PER PLAT
THEREOF RECORDED IN BOOK 192 OF PARCEL MAPS, PAGES 57 AND 58, RECORDS
OF SAID COUNTY;
THENCE NORTH 580 47' 58" EAST, ALONG SAID CENTERLINE OF UNIVERSITY
PARKWAY, A DISTANCE OF 41.85 FEET;
THENCE NORTH 310 12' 02" WEST, A DISTANCE OF 60,00 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE NORTH 800 36' 58" WEST, A DISTANCE OF 36.37 FEET;
THENCE NORTH 000 02' 33" WEST, A DISTANCE OF 19.09 FEET;
THENCE NORTH 580 47' 58" EAST, A DISTANCE OF 354.17 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3900.00 FEET, A RADIAL TO SAID BEARING BEARS NORTH 31014'37" WEST;
THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 09015' 09", AN ARC DISTANCE OF 629.80 FEET;
THENCE NORTH 490 31; 38" EAST, A DISTANCE OF 100.91 FEET;
THENCE NORTH 890 58' 16" EAST, A DISTANCE OF 43.75 FEET;
THENCE SOUTH 490 31' 38" WEST, A DISTANCE OF 233.57 FEET;
THENCE SOUTH 490 52' 29" WEST, A DISTANCE OF 69.11 FEET TO THE BEGINNING
OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF
145.99 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF W 01' 10", AN ARC DISTANCE OF 40.82 FEET TO THE BEGINNING OF A
REVERSE TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 199.56 FEET;
(
2001-249
THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 14" 18' 53", AN ARC DISTANCE OF 49.86 FEET TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 3006.17
FEET;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 03047' 01", AN ARC DISTANCE OF 198.52 FEET;
THENCE NORTH 80004' 50" WEST, A DISTANCE OF 18.92 FEET;
THENCE SOUTH 530 14' 55" WEST, A DISTANCE OF 59.84 FEET;
THENCE SOUTH 05046' 14" WEST, A DISTANCE OF 18.95 FEET;
THENCE SOUTH 470 49' 07" WEST, A DISTANCE OF 43,76 FEET TO THE BEGINNING
OF A NON- TANGENT CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS
OF 3940.00 FEET, A RADIAL FROM SAID POINT BEARS NORTH 310 56' 25" WEST;
THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF 000 42' 48", AN ARC DISTANCE OF 49.05 FEET;
THENCE SOUTH 580 47' 58" WEST, A DISTANCE OF 336.44 FEET, MORE OR LESS, TO
THE TRUE POINT OF BEGINNING,
CONTAINS 34, 808.62 SQUARE FEET, MORE OR LESS