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HomeMy WebLinkAbout1991-277 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. ql 277 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND DIRECTING THE EXECUTION OF A PURCHASE CONTRACT FOR THAT CERTAIN REAL PROPERTY LOCATED ALONG THE SOUTH SIDE OF 40TH STREET, WEST OF ACRE LANE. WHEREAS, the City of San Bernardino desires to acquire certain real property located along the South side of 40th Street, West of Acre Lane, for street and highway purposes; and WHEREAS, the herein mentioned real property is described more fully in Exhibit "A" attached hereto and incorporated by reference as fully as though set forth in length herein; and WHEREAS, title to said real property is vested in the County of San Bernardino. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF 13 THE CITY OF SAN BERNARDINO AS FOLLOWS: 14 SECTION 1. That the Mayor of the City of San Bernardino is hereby 15 authorized and directed to execute on behalf of said City, an Offer to 16 Purchase Real Property, a copy of which is attached hereto as Exhibit "B" 17 and incorporated by reference as fully as though set forth in length herein, 18 for the purchase of that certain real property her"ein described. 19 SECTION 2. That payment in the amount of $4,000.00 (Four Thousand 20 Dollars) is hereby authorized as payment in full for the herein mentioned 21 real property. 22 SECTION 3. That the City Clerk is directed to cause the executed 23 Offer to Purchase Real Property, along with a certified copy of this 24 Resolution and herein mentioned payment of $4,000.00 (Four Thousand Dollars) 25 to be transmitted to the County of San Bernardino, Real Estate Ser'vices 26 Department. 27 / / 28 / / 06-07-91 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 L_.. ____ RESOLUTIO~ AUTHOEIZING AND DIRECTING EXECUTION OF PUECHASE CONTEACT FOR CEETAUI - REAL PROPEJ<TY LOCATED ALONG THE SOUTH SIDE OF 4EiTH STREET. WEST OF ACRE LANE. 1 I I1EJ<EBY CERTIFY that the foregoing resolution WdS duly ddopted by 2 the Mdyor and Common Council of the City of San Bernardino at a 3 ~~ula-':_____ meeting thereof held on the __"!!;L._ day of July 1 <; 91 , by the fa 11 owing vote, to-wi t: Council Members: AYES NAYES ABSTAIN ESTRADA x REILLY x HERNANDEZ x MAUDSLEY x MINOR x POPE-LUDLAM x MILLER x / ", 0\, cL.A' \ /t;V' . - . - . ." ,_1..../.;.--, '~_A_Z--- CIty ClerK7 The foregoing resolution is hereby approved this 3rd day of July , 1991 Approved as to form and legal content: JAMES F. PENMAN, City ttorney By: 1. Pe~ 06-06-91 2 . Res. 91-277 , LBGAL DBSCRIPTIO. SUI BBRllARDI.O - LIm. ICOUll'rU. IIUI. - PAIlcn t3 ~ILB KO. SP~-04420 PORTIO.S O~ ASSBSSOR'S PAIlcn KOS. 151-181-14, 271-041-01 I 215-281-08 The following is the legal description for the real property located in the City of San Bernardino, County of San Bernardino, State of california: Portions of those parts of Lot 38, Rancho Muscupiabe, as per map recorded in Book 7 of Maps, Page 23, Records of San Bernardino County, eaid parts described in documents recorded April 23, 1940 in Book 1407, Page 304 as Parcel 3 and in document recorded June 30, 1967 in Book 6848, Page 841, both Official Records of said County, said portions being all of said parts lying within a strip of land 22.00 feet wide, the south line of said strip being 42.00 feet southerly of and parallel with the centerline of 40th Street (40.00 feet wide), as said 40th Street is shown on Record of Survey recorded in Book 32, Page 56, Records of said County. Containing 0.85 acres more or less. 06/07/91 EXHIBIT "A" , City Res. 91-27J- _ OI'I'ER TO PtlRCIlA8B RIlAL PROP~TY , City of San Bernardino herein called BUYER, who will .take title as: CITY OF SAN BERNAROINO. a ~untctpal Cornoratton (Indicate how title is to be vested) Husband&Wife,as Joint Tenants As Joint Tenants Tenants in Common A Single Man A Single Woman Other (Specify Above) offers to purchase in an "as is" condition that certain real property described as: BU BBRJIARDIIIO - LITTIoI 1I0llll'1'AIII BASIII - 1'DCIL t3 I'ILI 110. B1'1'-0442U PORTIOIIS OJ' ABSBSB02'B PA&CBL HOB. 151-181-14, 271-041-01 & 215-281-08 more fully described on the reverse hereof 1'AYlIBLI AS I'OLLOWB ~aA. BALI. Cashier's check due and payable with this offer.......S 4.000.00 I .OR A TOTAL PORCBASB PRIC. or............................ 4.000.00 COIIDITIOIIB 01' OI'I'ER. 1. The right, title and interest in property shall not exceed that vested in the County of San Bernardino and/or San Bernardino County Plood Control District. This sale is subject to all title exceptions and reservations, whether or not of record. 2. All expenses incurred in the transfer of title, including but not limited to escrow, title policy, (if required by Buyer), documentary stamps and recording are to be paid by Buyer. 3. No warranty is made by the County of San Bernardino and/or San Bernardino County Flood Control District relative to the ground location of property lines, the condition of any improvements or the utilization of the property. Regarding the usability of the property, the Buyer is advised by Seller to contact the Planning and/or Building Department having jurisdiction. Buyer has investigated the flood and/or earthquake hazard of the property. 4. If Buyer fails to complete said purchase as herein provided by reason of any default of Buyer, Seller shall be released from obligation to sell. the property to Buyer; in the event of such nonperformance by Buyer, Buyer agrees that 10\ of the above sum shall be retained by the County of San Bernardino as liquidated damages as a direct and proximate result of said nonperformance. 5. Time is of the essence of this agreement. 6. This agreement is SUbject to approval of the Board of Supervisors of San Bernardino County... III WITllBSB WBBRBOI', the parties hereto execute this agreement, dated below. COllll'1'Y 01' BU B""~RDIIIO Real Estate Services Department BUYER. CITY 01' SU 1'''''''''' BDIIIO Dated: by: MAYOR, City of San Bernardino Maihng Address: 300 N. "D" Street San Bernardino, CA 92413 Daytime Telephone No. 384.5111 (714) JAM DUSTIN, Real Prop. Agent . Dated: 06/07/91 EXHIBIT "B" r- . City Res. 91-277 ~.FER TO PURCHASE REAL PROPBRTY City of San Bernardino herein called BUYER, who will take title as: CITY OF SAN BERNARDINO, a Municipal Cornoration (Indicate how title is to be vested) Husband&Wife,as Joint Tenants A Single Man As Joint Tenants A Single Woman Tenants in Common --other (Specify Above) offers to purchase in an "as is" condition that certain real property described as: SAN BERNARDINO - LITTLE MOUNTAIN BASIN - PARCEL 93 FILE NO. SPF-0442U PORTIONS O~ ASSESSOR'a PARCEL NOS. 151-101-14, 271-041-01 & 265-281-08 more fully described on the reverse hereof PAYABLE AS FOLLOWS CASH SALE: Cashier's check due and payable with this offer.......$ 4.000.00 \ FOR A TOTAL PURCHASE PRICE OF...........................$ 4.000.00 CONDITIONS OF OFFER: 1. The right, title and interest in property shall not exceed that vested in the County of San Bernardino and/or San Bernardino County Flood Control District. This sale is subject to all title exceptions and reservations, whether or not of record. 2. All expenses incurred in the transfer of title, including but not limited to escrow, title policy, (if required by Buyer), documentary stamps and recording are to be paid by Buyer. 3. No warranty is made by the County of San Bernardino and/or San Bernardino County Flood Control District relative to the ground location of property lines, the condition of any improvements or the utilization of the property. Regarding the usability of the property, the Buyer is advised by Seller to contact the Planning and/or Building Department having jurisdiction. Buyer has investigated the flood and/or earthquake hazard of the property. 4. If Buyer fails to complete said purchase as herein provided by reason of any default of Buyer, Seller shall be released from obligation to sell the property to Buyer i in the event of such nonperformance by Buyer, Buyer agrees that 10% of the above sum shall be retained by the County of San Bernardino as liquidated damages as a direct and proximate result of said nonperformance. 5. Time is of the essence of this agreement. 6. This agreement is subject to approval of the Board of Supervisors of San Bernardino County. ~~ ~!~~~~C ~uBR~OF, tlJ~ par~ies hereto execute this agreement, dated below. COUNTY OF S Real Estate /-1 --LiP '-..->' Y DUSTIN, Dated: '7 BERNARDINO rvices Department l'--JJ~~ Real Prop. Agent BUYER: CITY OF b#:;?/;?:. V ~1AYOR, Ci, y of an Berrrardino MailIng Addre s: 300 11. "D" Street San Bernardino, CA 92413 Daytime Telephone No. 384-5111 (714) . Dated: .lCI. ", - 1~~1 . LEGAL DESCRIPTION SAN BERNARDINO - LITTLE MOUNTAIN BASIN - PARCEL 93 FILE NO. SPF-0442U PORTIONS OF ASSESSOR'S PARCEL NOS. 151-181-14, 271-041-01 , 265-281-08 The following is the legal description for the real property located in the city of San Bernardino, County of San Bernardino, State of California: Portions of those parts of Lot 38, Rancho Muscupiabe, as per map recorded in Book 7 of Maps, Page 23, Records of San Bernardino County, said parts described in documents recorded April 23, 1940 in Book 1407, Page 304 as Parcel 3 and in document recorded June 30, 1967 in Book 6848, Page 841, both Official Records of said County, said portions being all of said parts lying within a strip of land 22.00 feet wide, the south line of said strip being 42.00 feet southerly of and parallel with the centerline of 40th Street (40.00 feet wide), as said 40th Street is shown on Record of Survey recorded in Book 32, Page 56, Records of said County. Containing 0.85 acres more or less. '-Ci :=0 m - " m = -~- CJ " -< ~::; I W -< :J:;> co j:;. ;T1 ,l 0.. -,