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HomeMy WebLinkAbout2007-018 1 2 RESOLUTION NO. 2007-18 3 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 4 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY 5 PROPERTY GENERALLY LOCATED NORTHWESTERLY OF BONITA VISTA DRIVE, SOUTH OF 40TH STREET AND WEST OF DEL ROSA AVENUE IN THE CITY 6 OF SAN BERNARDINO TO ALFRED M. SESSIONS. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 "I", for the sale of certain City property located northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa Avenue, in said City to Alfred M. Sessions, and more fully described in detail in said Exhibit. SECTION 2. Said Agreement shall be null and void if either party fails to execute the Agreement within sixty (60) days of the date of adoption of this Resolution. 11/ /11 12/11/06 Sanders 1 2 3 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 RESOLUTION OF THE CITY OF SAN BERNARDINO 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 NORTHWESTERLY OF BONITA VISTA DRIVE, SOUTH OF 40TH STREET AND WEST OF DEL ROSA AVENUE IN THE CITY OF SAN BERNARDINO TO ALFRED M. SESSIONS. 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 8th day of January wit: Council Members: AYES NAYS ESTRADA X BAXTER X BRINKER X X DERRY KELLEY X JOHNSON X MCCAMMACK X , 20~, by the following vote, to ABSTAIN ABSENT J.J'_~ The foregoing resolution is hereby approved this 11;7f- day of ~a~uary .__ ,20~, ~ tri J. Morris, City of San Bernardino Approved as to form: 12/28/06 2 SALES AND PURCHASE AGREEMENT THIS AGREEMENT. executed this jlrJf day of ~,Ut/.-4PI' .2007. by and between the CITY OF SAN BERNARDINO. a municipal corporation ("SELLER") and ALFRED M. SESSIONS ("BUYER") mutually agree as follows: I. SELLER, for full consideration, in the amount of Five Hundred Dollars ($500.00). shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located northwesterly of Bonita Vista Drive, south of 40th Street and west of Del Rosa Avenue, 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 Five Hlllldred Dollars C5500.00), receipt of which is hereby acknowledged. 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. 3. BUYER agrees to indemnify, defend and hold hamlless 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. 4. BUYER shall pay all recording fees. 5. No obligation other than those set forth herein will be recognized. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: / ALF~~ CITY OF SAN BERNARDINO - - BY:~~.MaYOr Approved as to fonm: ATTEST: 1, ames F. Penman, City Attorney ~~:~E~~~ l . . REQUESTED BY AND WHEN RECORDED MAIL TO: Alfred M. Sessions 215 North "D" Street, Suite 101 San Bernardino, CA 92401 APN: 0155-021-06 SPACE ABOVE FOR RECORDER'S USE QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN BERNARDINO, a municipal corporation as successor in interest to Dillson Mutual Water Company, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to ALFRED M. SESSIONS, (hereinafter "Buyer") the following Teal property located in the City of San Bernardino, County of San Bernardino, State of California, described as follows: That portion of Lot 12, S. W. Little Tract, as recorded in Book 9 of Maps, Page 12, records of the County of San Bernardino described as follows: Commencing at a point on the east line of said Lot 12, said poinl being South 000 04' East, a distance of 135.80 feet from the northwest comer of said Lot 12; thence west 118.87 feet to the True Point of Beginning; thence south 12.5 feet; thence west 9 feet; thence north 12.5 feet; thence east 9 feet to the Point of Beginning. CITY OF SAN BERNARDINO DATE: BY'~ . PA RICK J. MO Mayor ACKNOWLEDGEMENT OF GRANTOR(S): COUNTY OF San Bernardino ) ) S.S. ) STATE OF CALIFORNIA On January 27. 2007 before me, David M. Gutierrez , a notary public, personally appeared Patrick J. Morris personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(Xl whose name(l() is/~ subscribed to the within instrument and acknowledged to me that he/llhel!tkm;y executed the same in hislklldtkllir authorized capacity(ic&), and that by his/~r signature(liI on the instrument the personCll:), or the entity on behalf of which person~) acted, executed the instrument. ;z;s;z~~~nf~;~eal. Signature I \ DAVID M. GUT1l:RREZ CornrnIUlon I 1671908 Notary Public - Collfornta San 8lImOl'dlno County / (