HomeMy WebLinkAbout28-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:Valerie C. Ross, Director Subject: Public Hearing 4:00p.m. - Resolution
Authorizing Execution of a Sales and Purchase
Dept: Development Services Agreement and a Quitclaim Deed— Sale of a
portion of City Water Department property
Date: May 21, 2008 located northerly of Sepulveda Avenue, north of
54th Street.
File No.: 15.05-259 MCC Date: June 16, 2008
Synopsis of Previous Council Action:
05/19/2008 —Resolution No. 2008-150 declaring property surplus, establishing fair market value
and setting a public hearing for City Water Department property, located northerly
of Sepulveda Avenue, north of 54th Street, was adopted.
Recommended Motion:
1. That the Public Hearing relative to the sale of City Water Department property, located
northerly of Sepulveda Avenue, north of 54th Street, be closed.
2. Adopt Resolution.
r&& J R01J---
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Staff Report/Maps/Resolutions/ 4
Supporting data attached: Agreement/Quitclaim Ward.
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
�sd Gov 8 c2-X7
Agenda Item No. ��
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public Hearing 4:00p.m. - Resolution Authorizing Execution of a Sales and Purchase Agreement and a
Quitclaim Deed— Sale of a portion of City Water Department property located northerly of Sepulveda
Avenue, north of 54th Street.
BACKGROUND:
On April 2, 2008, the City of San Bernardino Municipal Water Department Board of Water
Commissioners ("Board"), declared as surplus property a portion of a 10 acre parcel, generally located
northerly of Sepulveda Avenue, north of 54th Street, and being a portion of APN 0154-011-80.
The City acquired the 10-acre site through a Land Patent from the United States Government in April,
1974 for City Water Department use. The site is currently being used as a water reservoir and is located in
the foothills of the San Bernardino Mountains. The reservoir is accessed by a service road at the terminus
of Sepulveda Avenue. Due to the hilly terrain, there is a large slope along the southeasterly portion of the
service road. The base of the slope is directly adjacent to the residence located at 5533 N. Sepulveda
Avenue. The property owners of the residence, Bryan and Katherine Domingue, have requested an
easement from the Water Department for the purpose of landscaping and maintaining the lower portion of
the slope that abuts their property.
Since this portion of the slope is of no use to the Water Department, it was recommended by the Board to
declare the property as surplus and to sell the surplus area to the adjoining property owners, rather than
just a grant of easement. The property owners are agreeable to the purchase.
The surplus property is 0.17 acres and consists of an approximately 33 foot wide strip of land that is
approximately 242 feet in length, and is shown more specifically on the attached plat map. The Land
Patent that conveyed the property to the City had reservations to the United States for ditches and canals,
but did not contain any restrictions on the sale of the land or any portion of the land.
Due to the size and location of this strip, a determination of a nominal value of$500 was also
recommended by the Board. Section 2.65.020 of the San Bernardino City Municipal Code allows the sale
of property valued under$25,000 to be sold at fair market value, but without the need for competitive
bidding, but a public hearing on the proposed sale must still be held.
On May 19, 2008, Resolution No. 2008-150 was adopted, declaring the property surplus, establishing the
nominal value of$500 as the fair market value and setting a public hearing for June 16, 2008, to consider
said sale. City departments were notified of the proposed sale and no conflicts were noted.
The attached resolution authorizes the execution of a Sale and Purchase Agreement and authorizes the
execution of a Quitclaim Deed to Bryan and Katherine Domingue.
FINANCIAL IMPACT:
None. All net proceeds from the sale of property will be forwarded to the Water Department.
RECOMMENDATION:
That the hearing be closed and the attached resolution be adopted.
ATTACHMENTS:
- Vicinity Map
- Plat Map
Location of City
Water Dept. Property
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VICINITY MAP
CITY OF SAN BERNARDINO PROPOSED SALE OF A PORTION OF CITY WATER
DEVELOPMENT SERVICES DEPARTMENT DEPARTMENT PROPERTY LOCATED AT THE
REAL PROPERTY SECTION NORTHERLY TERMINUS OF SEPULVEDA AVENUE,
NORTH OF 54TH STREET (POR. 0154-011-80)
® indicates un—incorporated areas
within City's Sphere of Influence
Created by: �,�`,yJr,� Date: l j off'
1 N 89°28'00"E 663.94'
I / I
CITY WATER 1
/ RESERVOIR
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I
/ \ UNITED STATES PATENT NO. 04-74-0061
1 / \ BK. 8442, PG, 176, O.R.(04-15-1974)
I I CITY WATER 1
1 RESERVOIR
/ I
M CO
\ / SW 1/4 OF THE SE 1/4
1 OF THE SE 1/4 OF SEC. 10
T. 1 N., R. 4 W., S.B.M. o
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/ POR. OF CITY WATER 1
I
DEPT. PROPERTY TO
1 BE SOLD
CY) � 1
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00 Cn
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U) P 33.00'
/ S 89° 10'43"W 190.35' 1
1
I /124.98' 242.39' S 89° 10'43"W 297.72' 10 111
15 i 14
20' 15, 5533 N.SEPULVEDA AVE.
POB POC
(Described in in Grant Deed,
W Recorded in Book 2488, Page 52, O.R.)
PQ LEGEND:
EQ ———— CITY WATER DEPARTMENT PROPERTY
Lu PORTION OF CITY WATER DEPARTMENT
J R PROPERTY PROPOSED TO BE SOLD
a CITY OF SAN BERNARDINO
O w DEVELOPMENT SERVICES
O �
M REAL PROPERTY SECTION
u u PROPOSED SALE OF A PORTION OF CITY
SCALE: 1"=l00' WATER DEPARTMENT PROPERTY AT THE
NORTHERLY TERMINUS OF SEPULVEDA AVENUE
Created by: ,� );,Le Date: ci (POR. OF APN 0154-011-80)
2 t-t
Checked by: Date: FILE NO. 15.05-259 SHEET 1 OF 1
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of , 20 ,
by and between the CITY OF SAN BERNARDINO, a municipal corporation("SELLER") and
BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants
("BUYER") mutually agree as follows:
1. 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 northerly of Sepulveda Avenue, north of 54`" Street, in the City of San
Bernardino, ("PROPERTY") more fully described in Exhibit"A" attached hereto and made a
part hereof.
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred
Dollars ($500.00), 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 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.
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:
CITY OF SAN BERNARDINO
BRYAN DOMINGUE
BY: EXHIBIT COPY
FRED WILSON City Manager
KATHERINE DOMINGUE
Approved as to form: ATTEST:
JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk
EXHIBIT 66V
Page 1 of 1 371-01
Project Name: Mountain Reservoir EXHIBIT "All
APN: 0154-011-80-0000
THAT PORTION OF THE SOUTHWEST ONE—QUARTER OF THE SOUTHEAST
ONE—QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LAND;
1
� THENCE SOUTH 89 010'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00049'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID SECTION 10;
THENCE SOUTH 89 010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
a
THENCE SOUTH 60 042'49"WEST, A DISTANCE OF 41.56 FEET;
f
THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20 -.35 FEET, TO A POINT ON
3
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89"10'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS.
HILLWIG—GOODROW, LLC
PREPARED UNDER THE SUPERVISION OF: i'��P >4)-\
J
C� v
Je
ALAN C. HILLWIG, VLS 5137 ono. 5137
r / / / J, EXP. 6-30-07 ,
DATE: OF CA1—
REQUESTED BY AND
WHEN RECORDED MAIL TO:
n and Katherine Domingue
5533 Sepulveda Ave.
San Bernardino, CA 92404-1132
Ptn.of APN: 0154-011-80
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, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to BRYAN
DOMINGUE and KATHERINE DOMINGUE, Husband and Wife as Joint Tenants, (hereinafter"Buyer") the
following real property located in the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
CITY OF SAN BERNARDINO
DATE: By: EXHIBIT COPY
PATRICK J. MORRIS,Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF } S.S.
On before me, Notary
Public,personally appeared
who 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 the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL:
EXHIBIT COPY
Signature
EXHIBIT "2"
Page 1 of 1 371-01
Project Name: :fountain Reservoir EXHIBIT "A"
,kPN: 0154-011-80-0000 - -
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
ivIER1DIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LAND;
THENCE SOUTH 89°10'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00°49'17" WEST, A DISTANCE OF 33.00 FEET TO A LIN E
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID SECTION 10;
THENCE SOUTH 89 010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60°42'49"WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48 046'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET. !MORE OR LESS.
HILLWIG-GOODROW, LLC
PREPARED UNDER THE SUPERVISION OF: ; � ri
ALAN C. HILLWIG, LS 5137 No. 5137 1
DATE: / o'a EXP. 6-30-07/;
OF CAL
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of , 20 ,
by and between the CITY OF SAN BERNARDINO, a municipal corporation("SELLER") and
BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants
("BUYER") mutually agree as follows:
1. 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 northerly of Sepulveda Avenue, north of 54th Street, in the City of San
Bernardino, ("PROPERTY") more fully described in Exhibit"A" attached hereto and made a
part hereof.
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred
Dollars ($500.00), 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 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.
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:
CITY OF SAN BERNARDINO
BRYAN DOMINGUE
BY:
FRED WILSON City Manager
KATHERINE DOMINGUE
Approved as to form: ATTEST:
?ES!.w � A&71�
F. PENMAN, City Attorney RACHEL CLARK, City Clerk
Page 1 of 1 371-01
Project Name: :fountain Reservoir EXHIBIT "A"
`PN: 0154-011-80-0000
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LAND;
THENCE SOUTH 89 010'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00`49'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID SECTION 10;
THENCE SOUTH 89010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60°42'49" WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LIME, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET. MORE OR LESS.
HILLW7GGOODROW, LLC
PREPARED UNDER THE SUPERVISION OF: ;jiPp
I<
ALAN C. HILLWIG, LS 5137 � * No. 5137 % *1
DATE: / �,� EYP. 6-30-07
,, �yTF��y vii 1
OF Op,L
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of , 20 ,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants
("BUYER")mutually agree as follows:
1. 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 northerly of Sepulveda Avenue, north of 54th Street, in the City of San
Bernardino, ("PROPERTY") more fully described in Exhibit "A" attached hereto and made a
part hereof.
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred
Dollars ($500.00), 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 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.
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:
CITY OF SAN BERNARDINO
BRYAN DOMINGUE
BY:
FRED WILSON City Manager
KATHERINE DOMINGUE woo R
n
Approved as to form: ATTEST:
ES�FPENMAN, City Attorney RACHEL CLARK, City Clerk
Page I of 1 371-01
Project Name: :Mountain Reservoir EXHIBIT "A"
,kPN: 0154-011-80-0000
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS DESCRIBED IN LTN"ITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 EN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COININIENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LAND;
THENCE SOUTH 89010'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00049'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID SECTION 10;
THENCE SOUTH 89°10'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60°42'49"WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48 046'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89"10'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89°10'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS.
HILL"'IG-GOODROW, LLC
PREPARED U-DER THE SUPERVISION OF:
ALAN C. HILLW'IG,?LS 5137 , No. 5137
DATE:
EXP. 6-30-07„ i
eF cAL�%
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of , 20 ,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER")and
BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants
("BUYER") mutually agree as follows:
1. 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 northerly of Sepulveda Avenue, north of 54th Street, in the City of San
Bernardino, ("PROPERTY") more fully described in Exhibit "A" attached hereto and made a
part hereof.
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of Five Hundred
Dollars ($500.00), 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 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.
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:
CITY OF SAN BERNARDINO
BRYAN DOMINGUE
BY:
FRED WILSON City Manager
KATHERINE DOMINGUE
Approved as to form: ATTEST:
ES F. PENMAN, City Attorney RACHEL CLARK, City Clerk
Page 1 of 1 371-01
Project Name: Mountain Reservoir EXHIBIT "A"
\PN: 0154-011-80-0000
THAT PORTION OF THE SOUTHWEST ONE—QUARTER OF THE SOUTHEAST
ONE—QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LAND;
THENCE SOUTH 89°10'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00°49'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
10 SAID SECTION 10;
THENCE SOUTH 89010'43" WEST
ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60°42'49"WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89c'10'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS.
HILL' IVIG—GOODROW, LLC _
PREPARED L-'DER THE SUPERVISION OF:
ALAN C. HILLA IG,?LS 5137 j ,* No. 5137
DATE: ' \P. 6-30-07/ \z
NN
OF 0AJ:.i
REQUESTED BY AND
WHEN RECORDED MAIL TO:
an and Katherine Domingue
5533 Sepulveda Ave.
San Bernardino, CA 92404-1132
Ptn. ofAPN: 0154-011-80
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, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to BRYAN
DOMINGUE and KATHERINE DOMINGUE, Husband and Wife as Joint Tenants, (hereinafter"Buyer")the
following real property located in the City of San Bernardino, County of San Bernardino, State of California,
described as follows:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"
CITY OF SAN BERNARDINO
DATE: By:
PATRICK J. MORRIS,Mayor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF } S.S.
On before me,
Notary
Public,personally appeared
who proved tome 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 the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct.
WITNESS my hand and official seal. SEAL:
Signature
i
Page 1 of 1 371-01
Project Name: Mountain Reservoir EXHIBIT "A"
4,PN: 0154-011-80-0000
1
THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10,
TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND
MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED
LAND;
THENCE SOUTH 89"10'43" WEST ALONG THE SOUTHERLY LINE OF SAID
SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF
A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF
SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING;
THENCE NORTH 00°49'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE
PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF
SAID SECTION 10;
THENCE SOUTH 89 010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60 042'49"WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON
THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH
89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST
CORNER OF SAID GRANT DEED;
THENCE NORTH 89°10'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS.
HILLWiGGOODROW, LLC
PREPARED L-:vDER THE SUPERVISION OF:
ALAN C. HILLWIG, VLS 5137 No. 5137
/ EXP. 6-30-07 '
DATE: �-, � �- / sa\ /•�-
OF CALF