No preview available
HomeMy WebLinkAbout1999-299 . ' .. , 1 RESOLUTION NO. 1999-299 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 AUTHORIZING THE EXECUTION OF A PURCHASE AND SALES AGREEMENT AND THE EXECUTION OF A GRANT DEED FOR THE SALE OF CITY PROPERTY 4 GENERALLY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY P ARKW A Y AND KENDALL DRIVE IN THE CITY OF SAN BERNARDINO. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 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 Purchase and Sales Agreement, a 10 copy of which attached hereto as Exhibit "A", and a Grant Deed, a copy of which is 11 attached hereto as Exhibit "B", for the sale of certain City property located on the 12 northwest corner of University Parkway and Kendall Drive, in said City, and more fully 13 14 described in detail in said Exhibit "A" and said Exhibit "B". SECTION 2. That the amount of Five Hundred Thirteen Thousand Three 15 16 Hundred Ten Dollars ($513,310) from the sale proceeds of Five Hundred Sixty Six 17 18 19 Thousand Dollars ($566,000), less proportionate closing costs, be transferred to the Water Department upon the close of escrow. 20 SECTION 2. Said Agreement shall be null and void if either party fails to 21 execute the Agreement within sixty (60) days of the date of adoption of this Resolution. 22 II/ 23 /11 24 II/ 25 /11 26 27 III 28 II / II/lO/99a. :.:z,. "('. _/ t;{ ;"<.' -1/7-"',11_.... a JZ. . ..Vh~.,... P ,~.' , y .' ..-. v(c ~/ / .;/ (/~~' .' .~ ~,. v , 1999-299 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT AND GRANT DEED FOR SALE OF CITY PROPERTY LOCATED ON THE NORTHWEST CORNER OF UNIVERSITY PARKWAY AND 2 KENDALL DRIVE. 1 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a ioint requ1ar meeting thereof 6 held on the 6th 7 wit: 8 9 10 11 12 13 14 15 16 17 18 19 day of December , 19~, by the following vote, to Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x x MCGINNIS SCHNETZ x SUAREZ x ANDERSON x MILLER x ,.J(lftd~rtifr[gt;O-; J)J~ City Clerk -U-- 20 The foregoing resolution is hereby approved this IO~ay of December 21 22 23 ,19~. JAMES F. PENMAN City Attorney 08/30/99 2 . . Do~ J. SCHIFFER Arroamy CoNSlJI;fANT IN BusINESS ItNP REAL EsrAn 1.\w ApriI 10. 2000 By Fax and First Class Mail Henry Empeno Deputy City Attorney City of San Bernardino 300 North D Street San Bernardino, CA 92418 RE: Sale of City property-Northwest corner of University Parkway and KendaII Drive Dear Mr. Empeno: The purpose of this letter is to certify that my client, Howard Berkson, executed that certain Sale and Purchase Agreement ("Agreement") dated December 6, 1999, by and between the City of San Bernardino ("City") as Seller and Howard Berkson as Buyer for the sale of the above named property within sixty (60) days of the date of the Agreement and of the resolution authorizing the execution of the Agreement by the City. . I hope this is sufficient for your purposes. If you need anything eIse to close this transaction, please call. Yours tnIlY/LJ~ 'tm;::. dhl~~1 ' ;' .;( f I , , /t~. ....... - . , 3636 F1ITH AVENUE, SUITE 301 . SAN DIEGO. CA 92103-4230 TEl..; (619) 699-4860' FAX: (619) 699-4857 . Ew.n.: dj,@schiffcrlaw.com r r~r, www.ochifferl.w.com 9S60.0N L987669619 'JOSSV ~ asaa~ Jall1] ~VL7:01 0007. .ll'JdV Z . d c+,C'_onl" 11]'1_\1 " , 1"1'7'" I r"1'\_1 '_'lJ.J\.J , . ' >, . . . 1999-299 . SALES AND PURCHASE AGREEMENT This Agreement ("AGREEMENT") is made and entered into this 6th day of December , 1999, by and between the CITY OF SAN BERNARDiNO, a municipal corporation ("SELLER") and HOWARD BERKSON ("BUYER") for the sale of City owned property ("PROPERTY"). PROPERTY to be sold is generally located at the northwest corner of University Parkway and Kendall Drive, in the city of San Bernardino, state of California and is more fully described in Exhibit "A" 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 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 approximately 6.6 acres of vacant land and is designated "RL" (Residential Low), as shown on the General Plan Land Use Map of the City of San Bernardino. 3. Parties shall enter into escrow with First American Title Insurance C.ompany, 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 Five Hundred Sixty Six Thousand Dollars ($566,000). SELLER hereby acknowledges that BUYER has deposited with SELLER the amount of Fifty Six Thousand Six Hundred Dollars ($56,600) which SELLER shall deposit into escrow toward said purchase price. 5. SELLER SHALL: A. Pay one-half of all escrow fees, recording fees, and any closing costs incurred in 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. 1- . 1999-299 . 6. BUYER SHALL A. Pay the SELLER the sum of Five Hundred Sixty Six Thousand Dollars ($566,000) cash, to be deposited into escrow, less said deposit of$56,600, for PROPERTY interest conveyed when title to PROPERTY vests in the name of BUYER and is free and clear of all liens, encumbrances and assessments except as follows: 1) Covenants, conditions, restrictions and reservations of record. 2) Easements andlor rights of way over said land for public or quasi- public utility or public street purposes. BUYER shall have the right to review the condition of title in escrow, and its obligations shall be subject to its approval of the condition of title as provided therein. B. Pay one-half of all escrow, recording and any closing costs incurred in this transaction. c. Reimburse SELLER in the amount of$I,350 for one-half of the appraisal and review appraisal costs of $2,700 incurred by the SELLER. D. BUYER accepts the PROPERTY in an "as-is" condition. 7. BUYER'S DEFAULT AND LIQUIDATED DAMAGES. BUYER and SELLER agree that if BUYER fails to complete the purchase of PROPERTY pursuant to this AGREEMENT for any reason other than termination hereof pursuant to a right granted hereunder to do so, or breach by SELLER of its agreements hereunder, then BUYER shall be in default and breach of this AGREEMENT and SELLER shall be released from the obligation to sell the property to BUYER. The parties agree that inasmuch as the actual damages that would result from a breach by BUYER of BUYER'S duties under this AGREEMENT are uncertain, and would be impracticable or extremely difficult to fix, BUYER agrees that SELLER shall retain said deposit of Fifty Six Thousand Six Hundred Dollars ($56,600) as liquidated and agreed da~r breach of contract. Buyer's Initials '. . 1999-299 . 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. 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 SHALL BE RECOGNIZED. BUYER: 71r! 1f1 HOWARD BERKSON SELLER: CITY OF SAN BERNARDiNO Approved as to form and legal content: '--.- ~ ATTEST: " f.'.~ 1(Ov(J~ '(1(1;11) RACHEL CLARK, City Clerk ~ )aYld1Vu ~LvhiC) IjQp~b JAMES F. PENMAN City Attorney HE/dcm[ agreement.berkson) .. . .., . 1999-299 . EXHIBIT "A" PARCEL A (APN 015I-241-03,12) THAT PORTION OF LOTS 1 AND 2, BLOCK 3 OF THE WIGGINS TRACr,-IN THE CITY OF SAN BERNARDiNO, COUNTY OF SAN BERNARDiNO, STATE OF CALIFORNIA, AS PER PLAT RECORDED iN BOOK 3 OF MAPS, PAGE(S) 74, RECORDS OF THE COUNTY RECORDER OF SAID COUNTY, L YlNG NORTHWESTERLY OF A LINE THAT IS 100.00 FEET NORTHWESTERL Y OF AND MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWiNG DESCRIBED LiNE: COMMENCiNG AT THE POINT OF iNTERSECTION OF THE CENTERLINE OF KENDALL DRIVE AS CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED NOVEMBER 13, 1925, iN BOOK 39, PAGE 57, OFFICIAL RECORDS OF SAID COUNTY AND THE WEST LINE OF SECTION I7, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IF SAID SECTION LINES WERE EXTENDED ACROSS THE MUSCUPIABE RANCHO, AS PER PLAT RECORDED iN BOOK 7 OF MAPS, PAGE 23, RECORDS OF SAID COUNTY; THENCE SOUTH 600 34' 56" EAST (RECORDED SOUTH 600 25' EAST) ALONG SAID CENTER LiNE, A DISTANCE OF 35.84 FEET TO THE TRUE POiNT OF BEGINNING; THENCE NORTH 580 45' 19" EAST, A DISTANCE OF 378.22 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT, CONCAVE NOR THWESTERL Y AND HAVING A RADIUS OF 4000.00 FEET; THENCE NORTHEASTERL Y ALONG THE ARC OF SAID CURVE, THROUGH A"CENTRAL ANGLE OF 09015' 19", A DISTANCE OF 646.14 FEET; THENCE NORTH 49030' 00" EAST, TANGENT TO SAID CURVE, A DISTANCE OF 563.31 FEET TO THE POINT OF TERMINATION. THE SIDE LiNES OF SAID PARCEL ARE TO BE LENGTHENED OR SHORTENED SO AS TO COMMENCE ON THE NORTHEASTERLY RIGHT OF WAY LiNE OF SAID KENDALL DRIVE AND TO TERMiNATE ON A LiNE THAT IS 120.00 FEET, SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO AND PARALLEL WITH THE FOLLOWiNG DESCRIBED LiNE: BEGINNiNG AT THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JUNE 30,1964, iN BOOK 6180, PAGE 106, OFFICIAL RECORDS OF SAID COUNTY, A RADIAL BEARS NORTH 310 25' 59" EAST, FROM SAID MOST WESTERLY CORNER OF SAID STATE PROPERTY; THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST AND HAViNG A RADIUS OF 2268.19 FEET AND A CENTRAL ANGLE OF 350 46' 01 ", A DISTANCE OF 1455.51 FEET TO THE TERMiNATION THEREOF. EXCEPTING THEREFROM ANY PORTION THEREOF L YlNG WITHiN THAT CERTAiN PARCEL OF LAND CONVEYED TO RYLAND M. THOMASON, A MARRIED MAN BY , .. . .. r-. "'v " .... <:) ..... ...: d: . ~ "C h Q>,.!S --------~--- ~ ~ ~ ---~~Cl.- l.> -<".sl 0>. Cc:: ~~ ~ ~ ~. "0 (Y / C'\j .... <:) ..... ...: d: Mi>~ N II L l ':><l5 <lUll ,S<lM 1999 299 3: . .S! '" 'bJ ~ I g I ~I ~ I o I I- - >- I I- a::::<ii w::::> 0... I al- a:::: o...Z >-:!: 1-0 _I U(f) \ ,\0;.'0> ."'- \~<9 r", \~~ \ \ Q:l ljj l) Cc:: ~ \ I I l~ 1/ II ~ z~ 0- o UJ z(f)o8:iw _WW>> ~Ut;;:Zcr: <(> g::JO zO:::: ---lLLj o::::W>-O<( W (f) f- cr: 0 CD I- o::WZ WZW ZZQO::~ <(W ~OO (f)2QUZ 0.... f- <( LLO~~>- o --.J - $: <( WU :s: >-W> LL~~ I- 0 0:: cr: -0 0<( U WZQ ---l <(W UJI f- 000 <(<(<{ ..........'<:l" C!~N N""'O -- -- -- -=-=-= . . (j'\ (j'\ , \;'-. -.. \ CO >- 1lJ 0:: ~ , ~ , \;'-. (J l/) l/) l/) /'--.....N ",":~cx;) "CO ""'00 LLi~ ~n3 ('") _ L() a::/'--C\I0 oq:cx;)cn..... ..... C\I(,,)- >-- ..... 0 .... \f\ ~ I CC; 1(\ ~~~.!!2:\2 '. I ~ "7' ~ \!) ;:..........CO...(J Q"L()L()CO(tJ1L- oq: C; ..... C\I a.. . 00(")--1 >, .0 iij CJ a:: C::< '0 1lJ -+J (tJ 0 _ 1lJ al 0 L I-U