HomeMy WebLinkAbout2008-247
",
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 NO. 2008-247
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 WATER
DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED
NORTHERLY OF SEPULVEDA AVENUE, NORTH OF 54TH STREET IN THE CITY
OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and
authorized to execute on behalf of the City, a Sales and Purchase Agreement, a copy of which is
attached hereto as Exhibit "I", for the sale of certain City Water Department owned property
generally located northerly of Sepulveda Drive, north of 54th Street, in the City of San
Bernardino, State of California, being a portion of the parcel of land referenced as Assessor's
Parcel Number 0154-011-80; and
SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and
authorized to execute on behalf of the City, a Quitclaim Deed, a copy of which is attached hereto
as Exhibit "2", for said portion of the parcel of land, and more fully described in Exhibit "A" of
said Quitclaim Deed, attached hereto and made a part hereof;
SECTION 3.
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.
III
III
OS/21/08
1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A
2 QUITCLAIM DEED FOR THE SALE OF CITY WATER DEPARTMENT OWNED PARCEL OF REAL
PROPERTY GENERALLY LOCATED NORTHERLY OF SEPULVEDA AVENUE, NORTH OF 54TH
3 STREET IN THE CITY OF SAN BERNARDINO.
4
5
6
7
8
9
10
11
12
19
20
21
The foregoing resolution is hereby approved this /7711 day of June
22
23
24
25
Approved as to Form:
26
'If)
27 ~ .,-,
I~S F. PENMAN, City Attorney
28lJ
13
14
15
16
17
18
2008-247
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a j oint regular
meeting thereof
held on the
16th
day of
June
, 20 08 , by the following vote, to
wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
x
BAXTER
x
x
BRINKER
DERRY
x
KELLEY
x
x
JOHNSON
MCCAMMACK
x
~h.~
,20~.
~aYor
. San Bernardino
OS/21/08
2
..'
2008-247
\
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this /~ ~ day of ~nE ,20 o~ ,
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.
Approved as to form:
~~
ES F. PENMAN, City Attorney
SELLER:
ATTEST:
~h.~
RA L CLARK, City Clerk
2008-247
Page 1 of 1
, Project Name: Mountain Reservoir
APN: 0154-011-80-0000
371-01
EXHIBIT "A"
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 Al'<D
MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061,
RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF
SAN BER,'lARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING 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
SAi'l 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 89010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60042'49" WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48046'09" 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 89010'43" EAST ALONG SAID SOUTHERLY LINE, A
DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING.
SAID DESCRIPTION CONTAINS 7,128 SQCARE FEET, MORE OR LESS.
HILL WIG-GOODROW, LLC
PREPARED LNDER THE SCPERVISION OF:
../-.
.' '/ I
~-::..--
2008-247
REQUESTED BY AND
WHEN RECORDED,MAJL TO:
Bryan and Katherine Domingue
5533 Sepulveda Ave.
San Bernardino, CA 92404-1132
F1n.ofAP~:0154.o11-80
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:...)LlIu... 20,2.00&
BY~
PA CKJ. MO , or
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF
} S.S.
On before me, , ~otary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsaibed to the within instrwnent and
acknowledged to me that he/she/they executed the same in his/ber/their authorized capacity(ies), and that by his/ber/their signature(s) on the
instrwnent the person(s), or the entity on behalf of which the person(s) acted, executed the instrwnent.
I certify under PE~ALTY OF PERJURY under the laws of the Stale of Cali fomi a the foregoing paragraph is true and correct.
WIlNESS my hand and official seal.
SEAL:
Signature
.:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-
State of California
}
County of San Bernardino
On June 20, 2008 before me. Julie M. Frazier-Mathews
Date Here lneert Name and Tille of the 0fIIcer
personally appeared Patrick J. Morris
Name(s) of s;g,.~s)
who proved to me on the basis of satisfactory evidence to
be the person~ whose name~ isla~ subscribed to the
with~'n instrument and acknowled51~d to me that
he/s executed the same in hi~1lJll(r f\~Orized
capa . ). and that t?Y hislherllheir signaturepll on the
instrument the pe{S9"~ or the entity upon behalf of
which the person(1( acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand a.nd official seal. . ~
Signature 0.,1..1 ,.d ~~ - ..~17to-l(,~".
PIaoeNotarySealAbove -=r ~k!
OPTIONAL
Though the Information below Is not required by lew; it may prove valuable to persons relying on /he document
and could prevent /reudulent removal end reattachment 0/ this form to anothar document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capaclty(les) Claimed by Slgner(s)
Signer's Name:
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer's Name:
o Individual
o CorPorate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney in Fact
o Trustee
o Guardian or Conservator
o Other:
Top of thumb here
Signer Is Representing:
Signer Is Representing:
- IM__
C2007 NatiooaI Notary AssocIation-9350 De Solo Ave., P.Q.Box 24Q2.ChIItaworth,CA 91313-2402.YNNI.NaIlonalNolary.org Item 85907 Reorder:CaI\ToI-Free1-800-876-6B27
2008-247
Page 1 of 1
Project Name: Mountain Reservoir
APN: 0154-011-80-0000
EXHIBIT "A"
371-01
THAT PORTION OF THE SOUTIfWEST 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 DESCRffiED 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 DESCRffiED AS FOLLOWS:
COMMENCING 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
SA1'll 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 89010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE
OF 190.35 FEET;
THENCE SOUTH 60042'49" WEST, A DISTANCE OF 41.56 FEET;
THENCE SOUTH 48046'09" 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 89010'43" 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 WIG-GOODROW, LLC
PREPARED tiNDER THE SUPERVISION OF: