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Home My WebLink About2009-097 1 RESOLUTION NO. 2009-97 2 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 WATER 4 DEPARTMENT OWNED PARCEL OF REAL PROPERTY GENERALLY LOCATED 5 AT THE INTERSECTION OF FOOTHILL DRIVE AND STERLING AVENUE IN THE CITY OF SAN BERNARDINO, 8 9 10 attached hereto as Exhibit "1", for the sale of certain City Water Oepartment owned property 11 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 12 generally located at the intersection of Foothill Orive and Sterling A venue, in the City of San 13 Bernardino, State of California, being a portion of the parcel of land referenced as Assessor's 14 Parcel Number 0155-361-25; and 15 16 authorized to execute on behalf of the City, a Quitclaim Oeed, a copy of which is attached hereto 17 SECTION 2, That the Mayor of the City of San Bernardino is hereby directed and 18 as Exhibit "2", for said portion of the parcel of land, and more fully described in Exhibit "A" of 19 said Quitclaim Oeed, attached hereto and made a part hereof; 20 21 22 SECTION 3. Said Agreement shall be null and void if either party fails to execute the 23 Agreement within sixty (60) days of the date of adoption of this Resolution. 24 I /I 25 /II 26 27 28 03/24/2009 2009-97 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 3 PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF FOOTHILL DRIVE AND STERLING AVENUE IN THE CITY OF SAN BERNARDINO. 6 Common Council of the City of San Bernardino at a 7 held on the 20th day of April 8 wit: 9 15 16 17 18 19 20 21 22 The foregoing resolution is hereby approved this -13-?.( day of 23 24 25 26 4 5 10 11 12 13 14 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and joint regular meeting thereof , 20~, by the following vote, to Council Members: AYES NAYS ABSTAIN ABSENT ESTRAOA x BAXTER x x BRINKER SHORETT x KELLEY x x JOHNSON MCCAMMACK x (2~ t_iJ, ~ City . erk April ,20~. ~~ ~KJ.MO , ayor City of San Bernardino Approved as to Form: 27 f. ~ 28 ES F. PENMAN, City Attorney 03/24/09 2 ~ 2009-97 . SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this 20th day of April , 20 09 , by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and MICHAEL R. MC NALLY, a Single Man ("BUYER") mutually agree as follows: 1. SELLER, for full consideration, in the amount of Five Hundred Oollars ($500.00), shall deliver unto BUYER an executed Quitclaim Oeed for a portion of that certain real property generally located at the intersection of Foothill Orive and Sterling Avenue, 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 Oollars ($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: ))1A.~J~, ~~ MICHAEL R. MC NALLY :~Y iff~RN^:;INO Lori Sassoon Acting City Manager Approved as to form: ATTEST: ~A!:Ci~ '" 2009-97 ." EXHIBIT "A" SHEET 1 OF 1 THAT PORTION OF COVEHNUENT LOT 6 OF SECTION 19. TOWNSHIP 1 NORTH, HANCE J WEST. SAN 8ERNAROINO BASE AND IIEHIOIAN. IN THE COUNTY OF SAN BEHNARtJlNO, STAlE OF CALIFORNIA, ACCOHOINC TO THE OFFICIAl. PLAT OF SAID lAND ON RLE IN THE DISTRICT lAND OFFICE. 8E/NC IIONE PAHTICULARlY DESCRIBED AS FOlLOws.. BECINNING AT THE NORTHWEST CONNER OF THAT PROPERTY COIMYEO TO JllCHAEL R. IICNAl.LY BY CHANT DEED RECORtJEO JUL Y 15, 1986, AS INSTRtJIIENT NO. 88-/88143, 0FF7CIAl RECORDS OF SAID COUNTY; THENCE SOUTH 89'50'''" FAST AlONe THE NORTHERlY LINE OF SAID JlCNAlLY PROPERTY. A DISTANCE OF 61.52 FEET. TO THE NORTHEAST CORNER OF SAID IICNAl.LY PROPERTY; THENCE NORTH 45'19'41" WEST. A OISTANCE OF 018.15 FEET; THENCE SOUTH 44'40'19" WEST. A DISTANCE OF 41.JJ FEET. TO THE POINT OF BEClNNlNC. SAID OESCRIPTION CONTAINS 1,140 SOUARE FEET. JIOR[ OR LESS. SURVEYOR: ~~~~ (]. - C. LWIC. PlS 51J1 I. '/ /~ EXP. 06/.10/09 ... ~ , SCAlE.' 1"=010' 2009-97 EXHIBIT "B" SHEET 1 OF 1 GOVT LOT 6 SEe. 19, T.l N.. R.3W.. S.B.M. PaR. PARCEl. 2 CemRCATE OF COMPlIANCE NO. 2005-001 INST. NO. 2005-02/JJ<1801, aN. (01-22-2005) NE COR. INST. NO. 86-188101.J. aN. (1-15-1986) POB EAST-WEST CENTERlINE OF SEe. 19. T.IN., N.Jw" 5.8.11. NEo, 8K. 01160/580 /fEe. MARCH 16. 1959 O.N. SURVEYOR: PREP, . THE SUPEJ ,4' 200~-97 . .... REQUESTED BY AND Recorded In DfftclaI Records. County of San Bernardino 5/13/2009 WHEN RECOR~ED MAIL TO: ~~ LARRY WALKER to:41 AM '---CO"" . MP '9' Auditor/Controller - Recorder Michael R. Mc Nally -','If. P Counter 2028 E. Foothill Drive '-'..'"'" San Bernardino, CA 92404-3022 Doc#: 2009- 0206901 mles: 1 Peges: 3 III "" II''''' "" 1"'11I " "' m Fees 25.09 MAil TAX STATEMENTS AS DIRECTED ABOVE Taxes 121.00 Other- 0.00 PAID 125.99 PIn. of APN: 0155-361-25 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 ANO FOREVER QUITCLAIM to MICHAEL R, MC NALLY, a single man, (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" PLAT ATTACHED AS EXHIBIT "B" .. CITY OF SAN BERNARDINO DATE: L\-::t~-o~ B~Yv--~~ PAT KJ.MO ,a3-or ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIAS~~ d \ {\ COUNTY OF 1'Yl~ I 0 } S.S. before ~e, -Ju.1!e. m . h-aVtY - (YL:1 ':J1. 'lJ <' -' ,Notary On Public, personally appeared, I who proved to me on the basis of satisfactory evidence to be the person~hose nam~ is/~ubscribed to the within instrument and acknowledged to me that he/~executed the same in hisll)&~ authorized capacity(~ and that by hiSl~~r signatur~ on the instrument the perso~ or the entity on behalf of which the person(~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: [------- - .JUUI~:~ _ COllImlellon . '7':'~ J Nolaly l'IllMIc . CGllfI."nlO l'~~~ 1Gn~;:CounIr , "!~-_1 ~3,.20"1 - IWAli. TAX STATEMENTS AS DIRECTED ABOVE .. , ..... 2009-97. EXHIBIT "A" SHEET I Of' I THAT PORTION OF COVERNIIENT lOT 6 Of' SECT1QN 19. TOWNSHP I NORTH. HANCE J WEST; SAN 8EHNAROINO BASE NHJ JlERIOIAN, N THE COUNTY Of' SAN.!l"~ STATE Of' Q4l/~ ACCOHIJINC TO THE OFFICIAl. PlAT OF SAID /ANO ON fllE IN THE OISTRfCT /ANO OfFICE, 8EINC MORE PAHT1CtJtARt. r !XSCR18EO AS FOllOWS: BEClNNfNC AT THE NORTHWEST CORNER Of' THAT PROPEHTY CONVEr[J) TO UlCHAEl N. JICNAlLr Dr CHANT DEED HECONOEO JiJl r 15. 1986, AS INSTRtIMOIT MJ. 88-1887<1.1, omcw. RECORDS OF SMJ COUNTY; THENCE SOUTH 89"50'''" EAST AlONe THE NORTHEHlr lHE Of'SAID lICN4llr PROPERTY, A OISTANCE OF 61.52 fEET. TO THE NORTHE'AST CORIEH Of' SAID JICNAl.J. r PROPERTY; THENCE NORTH 0I5'19~/" WEST. A asTAHCE Of' -18.15 FEET; THENCE SOUTH oIoI'oIO'lr wesT. A OISTAHCE OF 0I1..JJ FEET. TO THE POINT OF BEClNNlNC. SAID OESCHfPTION CONTAINS I, 1010 SOlWfE FEET. MORE OR lESS. SURVEYOR: :m:RE~O< (] - c ~ PlS 51 '7 I. '/ /4101 EXP. 06/JO;fJ9 .~ .~ .., ... . SCALE: '.~oIO' . 2009-97 EXHIBIT "B" SHEET10Fl GOVT LOT 6 SEe. /9, T./N., R,3W., S.B,M. POH. PARCEl. 2 CEHTlFlCAfE OF COIIPU4NCE M'- 2005-()(}I INST. M'- 2005-028.J.I8.I. aN. (~-22-2005) HE CGW, INST. M'- 86-1887"-l, aN. (1-15-1986) POB EAST-WEST CENfERtlNE OF SEe. 19. T.1N.. N..JW.. 5.8.AI. omJ. 8K. ~760/580 REC. NAHCH 16, 1959 O.N. SURVEYOR: P/fEA 'f)[R THE S/JPEi