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Home My WebLink About1997-337 1 RESOLUTION NO, 97-337 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND GRANT DEED 3 RELATIVE TO THE SALE OF CITY PROPERTY LOCATED AT 1505 NORTH WATERMAN AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed 7 to execute on behalf of said City a Purchase and Sale Agreement between the City and Frank 8 Halstead and Maria E. Ayala for said City property referenced in Section 2 below, a copy of which 9 is attached hereto as Exhibit "A" and made a part hereof. 10 SECTION 2. The Mayor of the City of San Bernardino is hereby authorized and directed 11 to execute on behalf of said City a Grant Deed to Frank Halstead and Maria E. Ayala for City 12 property located at 1505 North Waterman Avenue in said City and more particularly described in 13 said Grant Deed, a copy of which is attached hereto as Exhibit "B" and made a part hereof. 14 SECTION 3. Said Agreement shall be null and void if either party fails to execute same 15 within sixty (60) days of date of adoption of this resolution. 16 III 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III Rev. 10/28/97 97-337 I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT AND GRANT DEED 2 RELATIVE TO THE SALE OF CITY PROPERTY LOCATED AT 1505 NORTH WATERMAN AVENUE. 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 joint regular meeting 6 thereof, held on the 3rd day of November , 1997 , by the following vote, 7 to wit: 8 COUNCIL MEMBERS: 9 NEGRETE 10 CURLIN II ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON IS MILLER 16 AYES NAYS ABSENT ABSTAIN x x x x x x:\: x ()~ ~,<Jc ~ CITY CLERK 17 18 19 20 21 22 23 The foregoing Resolution is hereby approved this 7;J 1997. day of November ~)lud~ T MINOR, Mayor City of San Bernardino Approved as to form and 24 legal content: 25 JAMES F. PENMAN, City Attorney 26 27 . !~-. By: 'v/-:;> 28~0/28/97 2 , 97-337 Note: Original was in agenda backup unexecuted. I did not start doing resolutions until 07/01/1998. M. Miller, Senior Secretary ~ PURCHASE AND SALE AGREEMENT THIS AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY is entered into by and between the CITY OF SAN BERNARDINO ("CITY") and FRANK HALSTEAD and MARIA E. AYALA, Husband and Wife ("BUYER") this day of 19 . WITNESSETH WHEREAS, CITY is the record owner of certain real property generally located at 1505 North Waterman A venue in the City of San Bernardino ("PROPERTY") and more fully described as follows: TIIE SOUTH 100 FEET OF TIIE WEST 150 FEET OF LOT 3, BLOCK 40, RANCHO SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN TIIE OFFICE OF TIIE COUNTY RECORDER OF SAID COUNTY. GRANTOR RESERVES UNTO ITSELF ANY AND ALL EASEMENTS FOR STREET AND HIGHWAY PURPOSES LOCATED WITHIN TIIE ABOVE DESCRIBED REAL PROPERTY; and WHEREAS, on March 20th, 1997, CITY and BUYER entered into a Lease Agreement with Option to Purchase ("AGREEMENT") relative to said PROPERTY and on July 3,1997, both parties executed a First Amendment to Lease; and WHEREAS said Agreement sets forth the purchase price of $120,000.00 should BUYER choose to exercise the option to purchase said PROPERTY within the terms of the AGREEMENT; and WHEREAS, BUYER has deposited with the CITY the sum of $5,000.00 plus the sum of $5,500.00 paid as a portion of the monthly lease payments as set forth in said AGREEMENT, the total sum being $10,500, which is to be applied towards the purchase price of$120,000.00; and WHEREAS, BUYER now wishes to exercise the option to purchase the PROPERTY from the CITY and has opened Escrow with Orange Coast Title Company. 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. CITY agrees to sell the PROPERTY to BUYER and BUYER agrees to purchase from CITY the PROPERTY on the terms and conditions set forth in the AGREEMENT. The purchase price of the PROPERTY shall be the total sum of One Hundred Twenty Thousand Dollars ($120,000), less deposits made by BUYER in the amount ofTen Thousand Five Hundred Dollars ($10,500) for a net amount of One Hundred Nine-Thousand Five Hundred Dollars ($109,500), payable at the close of Escrow. SECTION 2. Condition ofPropertv. CITY is selling PROPERTY in an "AS-IS" condition. SECTION 3. Escrow. Parties agree that Escrow will be through Orange Cost Title Company. Parties will immediately execute and return to Escrow any Escrow instructions and other documents as may be required to open, process and close the Escrow. . "AGREEMENT FOR SALE OF REAL PROPERTY -1505 N. WATERMAN AVENUE 97=337 SECTION 4. Pavment of Escrow Fees and Costs. CITY shall pay the cost of issuance of an Owner's Title Policy for the PROPERTY. BUYER shall pay recording fees and documentary stamp tax. CITY and BUYER agree to each pay one-half of all other closing costs and Escrow fees incurred in this transaction and shall deposit into Escrow any amounts required for the payment of such costs and fees. SECTION 5. Transfer of Title. CITY shall execute and deliver to Orange Coast Title Company a grant deed for the purpose of conveying PROPERTY to the BUYER The grant deed shall be dated as of the date of closing of Escrow. SECTION 6. 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 listed in the Title Report issued by Orange Coast Title Company. SECTION 7. Possession. CITY shall retain ownership of the PROPERTY up to and including the date of recordation of the grant deed conveying title of the PROPERTY to the BUYER, whereupon the BUYER shall be entitled to immediate and exclusive possession of the PROPERTY. SECTION 8. Hazardous Materials. CITY represents that, to the best knowledge of the CITY, there has been no production, storage or disposal of any hazardous materials on the PROPERTY while under ownership of the CITY or prior to ownership by the CITY, and BUYER acknowledges that he has satisfied himself that PROPERTY is free and clear of hazardous materials. SECTION 9. Broker Fees. Each party to this Agreement represents and warrants to the other party that they have not dealt with any broker or other person entitled to claim a commission in connection with this transaction. Each party hereby agrees to indemnify and hold the other party harmless from claims made by any such person for a commission or like compensation. SECTION 10. Hold Harmless. BUYER shall defend, indemnify and hold harmless the CITY against all claims, demands, suits, judgements, legal expenses and attorney fees, if any, arising out of the sale of PROPERTY to BUYER, IN WITNESS WHEREOF, the parties to these present have hereunto set their hands the year and date first above written. CITY OF SAN BERNARDINO ~~ ' By: /~ Jjl'/..d'.. -rOM MINOR, ayor - Approved as to form and legal content: BUYER: JAMES F. PENMAN City Arney FRANK HALSTEAD MARIA E. AYALA 2 - -'SJ ,~ .. ~ . . ," I ~"'1- .97-337 ;\.; ~:t \ 0 l 1111 J (4~~ . . J I I- ---'L- ~ -; le..ls) I 44 @ ~ III "l 15 ++ L.J > <t C~~ 18 t?-v.~ %. FEa '69 I- JI" 11 ~ U' ~ a: L.J ~ ~ I +~ 'Vh",..,} I f- .- . . -~--' --. - '4'~- POr. Roncho Son St - ~ ++ . , <> .. .; .. .... /6 th J8Z.J~ 'P.?~ : I @ I I I ~ I I I I @ 1.66AC, /'$ ~ @) @D ~ .. G , /4IS1.~' Por. Lot 3 e J~ZJ~ o .. 1/'Z- ~,e, (BURBANK) EVANS J.e.!:/.s- -" Blk,40 @ .. .. ~C , @ . '" .. 1.28 J:C rfOfESZT'f TO &- SOLD ,TI. /or ~4.?S" ~I.- (]J6g) t @ i.J7 AC @ @) ""et.I.~ 8 '.. L . & LOT 3, 8LK. 40 If.S.. " <:> '- Sw. COn. GILBERT ~ '6 @) Tract No. 258/ M, B.36/82 Tract No, 3687 M. B. 5//72 .' REQUESTED BY AND 97-337 WHEN RECORDED MAIL TO: Frank Halstead & Maria E. Ayala 2101 N. Cotter St. Santa Ana, CA 92706 Mail Tax Statements to the Above Order No. S-115799-9 Escrow No. R11433-CG APN: 0147-062-10,11 SPACE ABOVE FOR RECORDER'S USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation, Hereby Grants to FRANK HALSTEAD AND MARIA E. AYALA, HUSBAND AND WIFE the real property in the City of San Bernardino, County of San Bernardino, State of California, described as : THE SOUTH 100 FEET OF THE WEST 150 FEET OF LOT 3, BLOCK 40, RANCHO SAN BERNARDINO, AS PER MAP RECORDED IN BOOK 7 OF MAPS, PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. GRANTOR RESERVES UNTO ITSELF ANY AND ALL EASEMENTS FOR STREET AND HIGHWAY PURPOSES LOCATED WITHIN THE ABOVE DESCRIBED REAL PROPERTY. CITY OF SAN BERNARDINO, a municipal corporation Dated: ~. By: It ~ >U~ TOM MINOR, Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF ) ) S.S. ) 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 his/her/their authorized capacity(ies), and that by his/her/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