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Home My WebLink About2001-366 " , 1 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 QUITCLAIM DEED FOR THE SALE OF CITY 4 PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 5 WASHINGTON STREET AND WATERMAN AVENUE IN THE CITY OF SAN BERNARDINO. 6 7 8 RESOLUTION NO. 2001-366 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 11 12 13 14 15 16 17 18 19 of which is attached hereto as Exhibit "1", and a Quitclaim Deed, a copy of which is attached hereto as Exhibit "2", for the sale of certain City property located at the northwest comer of Washington Street and Waterman Avenue, in said City, and more fully described in detail in said Exhibit"1" and said Exhibit "2". 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 of this Resolution. III III 20 21 22 23 24 25 26 27 28 11/13/01 2001-366 1 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND QUITCLAIM DEED FOR SALE OF CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET 2 AND WATERMAN AVENUE. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a 5 6 ioint regular meeting thereof held on the 3rd day of , 20~, by the following vote, to December 7 wit: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x MCGINNIS x SCHNETZ x SUAREZ x ANDERSON x MCCAMMACK x ~~ The foregoing resolution is hereby approved this 51H day of December /1 I ./ ,20~. Approved as to form and legal content: " JAMES F. PENMAN City Attorney 27 By: ~ t.~ 28 (J 11/13/01 2 2001-366 SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this III!. day of ~ .2001, by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and SB SWC VILLAGE II, LLC, ("BUYER"), mutually agree as follows: 1. SELLER, upon payment from BUYER in the amount of One Thousand Dollars ($1,000.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located at the northwest corner of Washington Street and Waterman Avenue, in the City of San Bernardino ("PROPERTY"), 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 One Thousand Dollars ($1,000.00), 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. No obligation other than those set forth herein will be recognized. 1// 1// EXHmIT "I" I . 2001-366 SALES AND PURCHASE AGREEMENT - PORTION OF CITY PROPERTY LOCATED AT THE NORTHWEST CORNER OF WASHINGTON STREET AND WATERMAN A VENUE IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: SB SWC VILLAGE II, LLC CITY OF SAN BERNARDINO BY: ~ i7 ~ _ ~ Approved as to form And legal content: ATTEST: JAMES F. PENMAN, City Attorney ~it~;er~ 7f- 7/"'. --- 2 2001-366 Exhibit "A" Legal Description for Proposed Sale of City Property on the West Side of Waterman Avenue, being a portion of Waterman Avenue as vacated on the Map of Tract No. 15826. That portion of Waterman Avenue, as vacated on the map of Tract No. 15826, as per plat recorded in Book 280 of Maps, pages 38-41, records of the County Recorder of San Bernardino County, State of California, described as follows: Commencing at the intersection of the West line of Waterman Avenue and the South line of Wier Road, said point also being the Northeast comer of Lot 13 of said Tract No. 15826; Thence South 000 17' 39" East, along said West line of Waterman Avenue, a distance of 157.81 feet to the True Point of Beginning; Thence, along the existing West line of Waterman Avenue, South 000 30' 40" East, a distance of 115.22 feet; Thence South 000 58' 05" West, a distance of340.71 feet; Thence South 020 01' 50" West, a distance of29.87 feet; Thence South 080 35' 47" West, a distance of3.26 feet; Thence South 89042' 21" West, a distance of 40.52 feet; Thence North 050 27' 52" East, along a straight line, a distance of 49139 feet, more or less, to the True Point of Beginning. REQUESTED BY AND WHEN RECORDED MAil TO: Steven Walker Homes 7161 Indiana Avenue Riverside, CA 92504 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF SAN BERNARDINO, a municipal corporation, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to SB SWC VILLAGE II, 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: )./u/o I I CITY OF SAN BERNARDINO, a murll~al corporation By: <.- JUDITH V ALLES, Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA } COUNTY OF ~\..\,0rln f) S.S. (~hj 01'" \.. '\).. \ ;)\)' 0:-.(' ~\~ n.j...)Ff,u~,l/tifJeforeme, v fv'Tlil Ie (', \C-\ (.. E I C\ ,personallyappeared '..J\ 10..\"',;\, \.I()...\ \{CJ i 1\. ') C{<~ 01 personally known to me (or proved to me on the basis of satisfact ry 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. ..-,.,.-~ - - - - - - - - ';" VERONICA M. RIVERA Comm. .1321414 ?;; NOTARY PUBlIC. CAliFORNiA )> San _ County ~ My~. ExpIrH Sept. 20. 2006 . WITNESS my hand and official seaL -, """""- -~ - - LtJe;;/l1 lieu- Signature -fj........ ;~~... .",~'dJ '~ EXHIBIT "2" Exhibit "A" Legal Description for Proposed Sale of City Property on the West Side of Waterman Avenue, being a portion of Waterman Avenue as vacated on the Map of Tract No. 15826. That portion of Waterman Avenue, as vacated on the map of Tract No. 15826, as per plat recorded in Book 280 of Maps, pages 38-41, records of the County Recorder of San Bernardino County, State of California, described as follows: Commencing at the intersection of the West line of Waterman A venue and the South line of Wier Road, said point also being the Northeast corner of Lot 13 of said Tract No. 15826; Thence South 000 IT 39" East, along said West line of Waterman Avenue, a distance of 157.81 feet to the True Point of Beginning; Thence, along the existing West line of Waterman Avenue, South 000 30' 40" East, a distance of 115.22 feet; Thence South 000 58' 05" West, a distance 0040.71 feet; Thence South 020 01' 50" West, a distance of29.87 feet; Thence South 080 35' 4 7" West, a distance 00.26 feet; Thence South 89042' 21" West, a distance of 40.52 feet; Thence North 050 21' 52" East, along a straight line, a distance of 491.39 feet, more or less, to the True Point of Beginning.