HomeMy WebLinkAbout2005-389
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RESOLUTION NO.
2005-389
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 EAST OF STODDARD AVENUE, NORTH OF
5 29TH STREET AND SOUTH OF STATE ROUTE 210 IN THE CITY OF SAN
BERNARDINO TO EDDIE POWELL AND GWENDOLYN POWELL.
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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 and
authorized to execute on behalf of said City, a Sales and Purchase Agreement and Quitclaim
Deed, a copy of which is attached hereto as Exhibit "}", for the sale of certain City propcrly
located east of Stoddard Avenue, north of 29th Street and south of State Route 210, in said City to
Eddie Powell and Gwendolyn Powell, and more fully described in detail in said Exhibit.
14 SECTION 2. Said Agreement shall be null and void if either party fails to
15 execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
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11/09/05 Powell
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The foregoing resolution is hereby approved this
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and legal content:
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2005-389
RESOLUTION OF THE CITY OF SAN BER1\lARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A
QUITCLAIM DEED FOR THE SALE OF CITY PROPERTY GENERALLY LOCATED EAST OF
STODDARD AVENUE, NORTH OF 29111 STREET AND SOUTH OF STATE ROUTE 2]0
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof
held on the 21st day of November
wit:
Council Members: AYES NAYS
ESTRADA X
LONGVILLE x
MCGINNIS x
DERRY X
KELLEY X
JOHNSON X
MCCAMMACK X
, 20~, by the following vote, to
ABST AIN
ABSENT
J!f'VD cUUf/fCIW!IJ) ilipt1f
City Clerk j
tJl1!~ ') J_..) /
n') day of ~J..PVV'1-~M'V _, 20~.
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VALLES, Mayor
f San Bernardino
JAMES F. PENMAN
City Attorney
By:
j)~J 0diudJ
11/09/05 Powell
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ORIGiNAL
EXHIBIT "1"
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this ~?~ day of 11,1ilN,~L../ ,2005,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
EDDIE POWELL AND GWENDOLYN POWELL ("BUYER") mutually agree as follows:
1. SELLER, for full consideration, in the amount of One Thousand Eight Hundred and
Eighteen Dollars ($1,818.00), shall deliver unto BUYER an executed Quitclaim Deed for a
portion of that certain real property generally located between "D" Street and Stoddard
A venue, north of 29th Street and south of State Route 210, in the City of San Bernardino,
("PROPERTY") more fully described in the Quitclaim Deed attached hereto and made a part
hereof as Exhibit "A".
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of One Hundred
and Eighty-One Dollars and Eighty Cents ($181.80), the equivalent ofTen Percent (10%) of
the purchase price of One Thousand Eight Hundred and Eighteen Dollars ($1,818.00), as the
initial payment for the purchase of said PROPERTY. The balance of One Thousand Six
Hundred Thirty-Six Dollars and Twenty Cents ($1,636.20) shall be paid in twelve monthly
installments to include principle and interest at the rate of Six and Three Quarter's Percent
(6.75%) per annum as described in the Promissory Note attached hereto as Exhibit "B".
BUYER shall pay to SELLER said monthly installments with cash or certified funds. The
BUYER shall execute said Promissory Note secured by a Deed of Trust.
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 and
easements on said PROPERTY. SELLER is also selling said PROPERTY to BUYER
subject to the following restrictions: BUYER shall not construct or cause to be constructed
any residential structure(s) on said PROPERTY. Further, BUYER shall not construct or
cause to be constructed additional residential structures on the adjacent property owned by
the BUYER, known as Assessor's Parcel Number 0149-042-17.
4. BUYER agrees to indemnify, defend and hold harmless the SELLER, its directors, officers,
agents and employees from any and all costs, claims, damages, injuries, causes of action or
liability of any nature arising out of or related to this Agreement except when caused by the
sole negligence or willful misconduct by SELLER.
5. BUYER shall pay all recording fees.
6. No obligation other than those set forth herein will be recognized.
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11/09/05 9:52 AM
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POWELL SALES AND PURCHASE AGREEMENT - PROPERTY GENERALLY LOCATED
BETWEEN "D" STREET AND STODDARD A VENUE, NORTH OF 291H STREET AND
SOUTH OF STATE ROUTE 210.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
[-O,d....... J -<.L c7~. ,/.R
EDDIE POWELL
JUDITH VALLES, Mayor
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J\ ')f~iA_a {i< ~'J JDCut @
GWENDO YN POWELL
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN, KLl {liul .JlalLKJ
~~y A~ 1/ ~ tJ 12~~d~~};;Ji~{LJ &111~
11/09/05 3 :05 PM
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REQUESTED BY AND
WHEN RECORDED MAIL TO:
Exhibit "A"
Eddie and Gwendolyn Powell
2947 North Stoddard Avenue
San Bernardino, CA 92405
APN: N/A
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A VALUABLE CONSIDERA nON, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to EDDIE POWELL AND
GWENDOL YN POWELL, (hereinafter "Buyers") the following real property located in the City of San Bernardino,
County of San Bernardino, State of California, described as follows:
That portion of Lot 27 of the Lynncrist Heights Tract No. 1907, as per plat recorded in Book 27 of Maps Page 56
as recorded in the County of San Bernardino, State of California, lying east of a line that is 20 feet east of and
parallel with the west line of said Lot 27.
Conveyance of interest in the above described property is subject to the existence of any liens, encumbrances and
easements and is subject to the following restrictions: Buyers, their successors, heirs and assigns, shall not
construct or cause to be constructed any residential structure(s) on said property. Further, Buyers, their
successors, heirs, and assigns shall not construct or cause to be constructed any additional residential structures on
the adjacent property owned by the Buyers, known as Assessor's Parcel Number 0149-042-17.
CIT. .Y OF SAN BERNARDINO
H~B~T
DATE:
1\1~2I\iI V ALLES, Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
COUNTY OF
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) S.S.
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STATE OF CALIFORNIA
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
Exhibit "8"
PROMISSORY NOTE SECURED BY DEED OF TRUST
Date:
$1,636.20
Eddie and Gwendolyn Powell
2947 North Stoddard Avenue
San Bernardino, CA 92405
,2005
FOR VALUE RECEIVED, the undersigned promises to pay to the City of San
Bernardino (Seller) or its successors, the principal sum of ONE THOUSAND SIX HUNDRED
AND THRITY-SIX DOLLARS AND TWENTY CENTS ($1,636.20). Payment of the Note
shall be made as follows:
1. Payments to be made in accordance with the amortization schedule attached hereto as Exhibit
"I ", payable the first of every month commencing January 1, 2006.
2. This Note shall be due and payable in full immediately upon the sale, conveyance,
reconveyance, lease, resale, disposition or refinancing of the property which is subject to the
Deed of Trust securing this Note. Additionally, this Note shall be immediately due and
payable in full upon any transfer of title of the property described in the Deed of Trust to any
person, firm or corporation, etc., other than the undersigned and except as provided in said
Deed of Trust, whether such transfer of title be voluntary, involuntary, or by operation of
law. Notwithstanding any other provision of this Note, this Note shall be due and payable in
full eleven (11) months from the date of the first payment as set forth above.
3. This Note shall accrue interest at a rate of Six and Three-quarters Percent (6.75%) per annum
during its term.
4. A failure to pay any sum provided for in the Note when due or a material breach ofthis Note
or the Deed of Trust shall constitute a breach thereof and shall entitle the Seller to declare all
sums due hereunder immediately due and payable and to pursue all remedies available under
this Note or the Deed of Trust.
5. All payments due under this Note shall be made in lawful money of the United States at the
principal office and payable to the City of San Bernardino, 300 North "0" Street, 3rd Floor.
San Bernardino, California 92418, Attn: Development Services Department - File No.
15.05-243.
6. The undersigned reserves the right to repay at any time all or part of the principal amount of
this Note without the payment of penalties or premiums.
If this Note, or any installment payment. is not paid within ten (10) days of the due date,
the undersigned shall pay to the Seller a late charge of Five Percent (5%) on the amount past due
and remaining unpaid. If this Note is reduced to judgment, such judgment shall bear the
statutory interest rate on judgments.
In no event shall the late charge payable hereunder exceed the maximum amount of
interest permitted under the usury laws of the State of California.
If suit is instituted by the Seller to recover on this Note, the undersigned agrees to pay all
costs of such collection including reasonable attorney's fees and court costs. The costs. salaries.
and expenses of the City Attorney and members of his office shall be considered as attorney's
fees for the purposes of this Promissory Note.
THIS NOTE is secured by a Deed of Trust of even date. duly filed for record in the office
of the County Recorder of the County of San Bernardino, State of California.
DEMAND, protest and notice of demand and protest are hereby waived and the
undersigned hereby waives, to the extent authorized by law, any and all homestead and other
exemption rights which otherwise would apply to the debt evidenced by this note.
IN WITNESS WHEREOF, THIS NOTE has been duly executed by the undersigned, as
of its date.
Eddie Powell
'\,Jbwendolyn Powell
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Exhibit "1"
Amortization Schedule
I Pmt No. I Sal I Int I Pmt I New Sal I
1 $ 1,636.20 $ 9.20 $ 141.39 $ 1,504.02
2 $ 1,504.02 $ 8.46 $ 141.39 $ 1,371.09
3 $ 1,371.09 $ 7.71 $ 141.39 $ 1,237.42
4 $ 1,237.42 $ 6.96 $ 141.39 $ 1,102.99
5 $ 1 ,1 02.99 $ 6.20 $ 141.39 $ 967.81
6 $ 967.81 $ 5.44 $ 141.39 $ 831.87
7 $ 831.87 $ 4.68 $ 141.39 $ 695.16
8 $ 695.16 $ 3.91 $ 141.39 $ 557.68
9 $ 557.68 $ 3.14 $ 141.39 $ 419.43
10 $ 419.43 $ 2.36 $ 141.39 $ 280.40
11 $ 280.40 $ 1.58 $ 141.39 $ 140.60
12 $ 140.60 $ 0.79 $ 141.39 $ 0.00
Powell