HomeMy WebLinkAbout1998-011
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RESOLUTION NO:
98-11
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE SALE OF THAT CERTAIN REAL
PROPERTY LOCATED ON THE WEST SIDE OF WALKINSHAW STREET, NORTH
4 OF VALLEY STREET TO THE STATE OF CALIFORNIA AND AUTHORIZING AND
DIRECTING THE EXECUTION OF A GRANT DEED AND RIGHT OF WAY
5 CONTRACT.
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WHEREAS, the City of San Bernardino is the owner of certain real property generally
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located West of Walkinshaw Street, North of Valley Street in said; and
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WHEREAS, as set forth in Resolution No. 97-361, adopted on the 15'h day of December,
1997, the Mayor and Common Council of the City of San Bernardino declared the intention to
sell that certain real property located West of Walkinshaw Street, North of Valley Street in said
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City, more fully described therein; and
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WHEREAS, in said Resolution No. 97-361, it was determined that the public interest and
15 convenience require the sale of said real property; and
16 WHEREAS, in said Resolution No. 97-361, the fair market value of said real property
17 was found and determined to be the amount of $1 ,500.00; and
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WHEREAS, a public hearing was held on the 12'h day of January, 1998, relative to the
proposed sale of said real property.
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21 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, AS FOLLOWS:
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SECTION 1. That the sale of that certain real property generally located West of
24 Walkinshaw Street, North of Valley Street in the City of San Bernardino, more fully described
25 in a Grant Deed to the State of California, a copy of which is attached hereto as Exhibit ''1'' and
26 incorporated herein, is hereby approved in the amount of $1 ,500.00.
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Rev. 01/05/98
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98'-1 "RESOLUTION APPROVING SALE OF CERTAIN REAL PROPERTY LOCATED WEST OF WALKINSHAW
STREET, NORTH OF V ALLEY STREET AND AUTHORIZING THE EXECUTION OF A GRANT DEED AND
RIGHT OF WAY CONTRACT
1 SECTION 2. That the Mayor of the City of San Bernardino is hereby authorized and
2 directed to execute on behalf of said City, a Grant Deed for said property, a copy of which is
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attached hereto as Exhibit ''1'' and incorporated herein, and a Right of Way Contract, a copy of
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which is attached hereto as Exhibit "2" and incorporated herein.
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Rev. 01105/98 2
98-1
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"RESOLUTION APPROVING SALE OF CERTAIN REAL PROPERTY LOCATED WEST OF WALKINSHAW
STREET, NORTH OF V ALLEY STREET AND AUTHORIZING THE EXECUTION OF A GRANT DEED AND
RIGHT OF WAY CONTRACT
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2
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
joint adjourned
regular
Common Council of the City of San Bernardino at a
meeting thereof
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held on the 12th
January
, 19~, by the following vote, to
day of
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wit:
Council Members: AYES NA YES ABSTAIN ABSENT
NEGRETE x
CURLIN x
ARIAS x
OBERHELMAN x
DEVLIN x
ANDERSON x
MILLER x
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19 The foregoing resolution is hereby approved this 1311.
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, j LAC_-1LLL \_~'L,~u'c/r0
City rk
January
,I9~.
day of
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'U~A.R m'laR~
NORINE MILLER MAYOR PRO TEM
City of San Bernardino
Approved as to form
24 and legal content:
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JAMES F. PENMAN
City Attorney
27 By:L"1- p~
()
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Rev. 01105/98
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98-11
Space _ tIlia lneror RlCORlol's Use
GRANT DEED
(CORPORATION)
District County Route Post Number
08 SBd 215 6.6 15968
CITY OF SNl BERflARDINO, a municioal cor!loration
a corporation organized and existing under and by virtue of the laws of the State of Cal ifornia
. does hereby GRANT to the STATE OF CALIFORNIA all that real property in
the the citv of San Bemardino
_. County of San Bemardino
. State of California, described as:
SEE EXHIBIT "A"
EXHIBIT "1"
08-SBd-215-6.6-15968 (15968-1)
Form RW 6-1 (0) (Revised 4196)
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. 98'-11
EXHIBIT "Au
A PORTION OF LOTS 7 TO 10, INCLUSIVE, AND LOTS 23 TO 28,
INCLUSIVE, OF WALKINGSHAW SUBDIVISION, AS PER MAP RECORDED
IN BOOK 24, PAGE 40 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY, SAID PORTION DESCRIBED IN
INSTRUMENT #92-055208 RECORDED FEBRUARY 14, 1992, RECORDS OF
SAID COUNTY.
08-SBd-215-6.6-15968 (15968-1)
This real property description has been prepared by me, or under my direction, in confonnance wilh the Professional
Land Surveyors Act
Dale
3/Z7 / ~7
,
Signawre I~ CQ~
of....iottGI rtdSIII'Y
. 98':;/ I - I
' ,. . 15968-1
/ IN "'TNESSWHEREOF,.. T" ....~ -" 1M _a_.....
/ corporate seal to be affIXed hereto. this I day of . 19~
/
By
#' . ' )
tn -'./L e ,d1./~
li'orine Mi11eI. Mayor Pro Tea
~}~
RACHEL CLARK, City Clerk
ATTEST:
(CORPORATE SEAL)
STATEOFCAU~
County of ~.....
On this the 13!i.. day 01
} 55
199~ ,bef"", me,
PERSONALACKNO~DGMENT
personally appeared
~knowntome
o proved to me on the _ 01 satlsfacta<y evidence
rJ'
NOIUNE J?1ILLEfZ.
Name(s) 01 S1gner(s)
GI f-,EDJ C!-. &:wi C'L .r~Yar'i
Nome, TIlle of Oflicer-E.G., "Jane Doe, Notary Public"
tobethe~-~_IsIJ_tothe_lnsIrumenIond~tomethet_~lIll8ClI8dthe_
In _~. 8Ulhariz1id ~, ond thet by ~/l!I* ~ on the InsIrumenI the P8ilon<." Or the onIIy upon behalf
of which the pe<son(,r _, execIlled the instrument.
~.
(Notary PubIIc'slignalln in lIIld far said County lIIld
Eileen C. Gomez r
Comm. .1105063 ,..
TAR'\" PU8UC .CAlIF~
SAN BERNAAOlNO COUNTY 0
Comm Exp. Juty 2. 2001 ~
WITNESS my hand and official seal.
(IDf ,.." .... or tIamp)
THIS IS TO CERTIFY, That the State of California, acting by and through the Department of Transportation
(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property
described in the within deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
this day of .19_
Director of Transportation
By
Attorney in Fact
Form RW e.l(D) (RevIsed->
98-11
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:. 'STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION
lUGlIT OF WAY CONTRAcr- STATE HIGHWAY
RW 8-3 \Rev. 6/95)
P8ge 1013
San Bernardino
,Califomia
Jlll ~
Dist. Co.
...2.1.5...
Rte.
..M...
P.M.
007119
Exp. Auth.
-J1rl/' /J , 199jt
CI OF SAN BERNARDINO,
a municioal corooration
Grantor(s)
THIS DOCUMENT NO. 15968 in the form of a Grant Deed. covering the property particularly
described in the above instrument has been executed and delivered to Maurice Rodrilauez, Right of Way
Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as
follows:
1. (A) The parties have herein set forth the whole of their agreement. . The performance of this
agreement constitutes the entire consideration for said document and shall relieve the State of
all further obligation Dr claims on this account, Dr on account of the location, grade or
construction of the proposed public improvement.
(B) Grantee requires said property described in Document No. 15968 for State highway purposes,
a public use for which grantee has the authority to exercise the power of eminent domain.
Grantor is compelled to sell, and grantee is compelled to acquire the property.
Both grantor and grantee recognize the expense, time, effort, and risk to both parties in
determining the compensation for the property by eminent domain litigation. The
compensation set forth herein for the property is in compromise and settlement, in lieu of such
litigation.
2. The State shall:
(A) Pay the undersigned grantor the sum of S1.500.00 for the property or interest conveyed by
above document when title to said property vests in the State free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or unrecorded) and taxes,
except:
a. Taxes for the tax year in which this escrow closes shall be cleared and paid in the
manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the
close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above-
referenced document.
c. Easements or rights of way over said land for public or quasi-public utility or public street
purposes, if any.
EXHIBIT "2"
9 ar- 11
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RIGHT OF WAY CONTRACf- STATE HIGHWAY (Cont.)
RW 8-3 (Rev. 6/95)
Page 2 of 3
(B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired
by the State, the premium charged therefor.
(C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any
amount necessary to satisfy any bond demands and delinquent taxes due in any year except
the year in which this escrow closes, together with penalties and interest thereon, and/or
delinquent and unpaid nondelinquent assessments which have become a lien at the close of
escrow.
This transaction will be handled through an escrow with Chicago Title Insurance Company,
560 East Hospitality Lane, San Bernardino, CA 92408, Title Report No. 6056301 dated June 6,
1996.
3. Grantor warrants that there are no oral or written leases on all or any portion of the property
exceeding a period of one month, and the grantor agrees to hold State harmless and reimburse
State for any and all of its losses and expenses occasioned by reason of any lease of said property
held by any tenant of grantor for a period exceeding one month.
4. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract,
the right of possession and use of the subject property by the State, including the right to remove
and dispose of improvements, shall commence on December 31, 1997 or the close of escrow
controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein
includes, but is not limited to, full payment for such possession and use, including damages, if any,
from said date.
98-11
". . .. !;TATE OF CAlIFORNIA. DEPARTMENT OF TRANSPORTATION
-cONTRACf SIGNA11JRE SHEET
RW 8-5 ('1193)
Poie 3 013
/n Witness Whereof, the parties have executed this agreement the day and year first above written.
Approved as to fonn and legal content:
CITY OF SAN BERNARDINO
JAMES F. PENMAN
City Attomey
B'rt.Pe-
By: 71 th-<~.d r
Norine J!.iller
Mayor Pro Tem
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IJIJd~4/
Recommended for Approval:
By '~~~~O~~~~~76
Right of Way Agent
STATE OF CALIFORNIA
Department of Transportation
B
BY6u~~
BARBARA BAERNSTEIN, Chief
RNJ Acquisitions
..2bo/l/l
Date
No Obligation Other Than Those Set Forth Herein Will Be Recognized
W ord:c:\Contrlf\ 15968If.con(sz)