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Home My WebLink About2010-209 . . 1 2 3 4 5 6 7 8 RESOLUTION NO, 2010-209 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND UTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT ND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A CITY WNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTH OF NDALL DRIVE AND EAST OF "H" STREET, IN THE CITY OF SAN ERNARDINO, TO GEOFFREY L, WOOD AND TA'MMI R. WOOD. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY F SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager ofthe City of San Bernardino is hereby directed and 9 10 11 Wood and Tammi R. Wood, a copy of which is attached hereto as Exhibit "I", for the sale of a 12 13 uthorized to execute on behalf of the City, a Sales and Purchase Agreement with Geoffrey L. certain City owned parcel of real property generally located north of Kendall Drive and east of "H" Street, in the City of San Bernardino, State of California, more fully described in said Sales 14 and Purchase Agreement; and 15 16 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 to Geoffrey L. Wood and Tammi 17 18 R. Wood, a copy of which is attached hereto as Exhibit "2", for said portion of the parcel ofland, 19 and more fully described in Exhibit "A" of said Quitclaim Deed, attached hereto and made a part 20 hereof; 21 22 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded if the parties fail to execute the Agreement within sixty (60) days of the date of adoption of this 23 24 25 III 26 27 28 Resolution. 06/14/2010 6 held on the 21st day of June 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 , , 23 24 25 26 27 28 2010-209 1 2 3 4 5 ESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE XECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A UlTCLAIM DEED FOR THE SALE OF A CITY OWNED PARCEL OF REAL PROPERTY ENERALLY LOCATED NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, IN THE CITY F SAN BERNARDINO, TO GEOFFREY L. WOOD AND TAMMI R. WOOD. 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 , 20~, by the following vote, to wit: Council Members: AYES MARQUEZ X DESJARDINS X X BRINKER SHORETT X KELLEY X X JOHNSON MCCAMMACK NAYS ABSTAIN ABSENT X ~ .):;. ~ City Clerk The foregoing resolution is hereby approved this 22nd day of June ,20~. CK J. MORRI, ayor San Bernardino 06/14/10 2 ~ 2010-209 SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this 21st day of June , 20 10 , by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and GEOFFREY L. WOOD and TAMMI R. WOOD, Husband and Wife as Joint Tenants ("BUYER") mutually agree as follows: I. SELLER, for full consideration, in the amount of TEN THOUSAND EIGHT HUNDRED DOLLARS ($10,800.00), less the appraisal fee paid by the buyer in the amount ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), for a net amount of NINE THOUSAND THREE HUNDRED DOLLARS ($9,300.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located north of Kendall Drive, east of "H" 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 NINE THOUSAND THREE HUNDRED DOLLARS ($9,300.00). 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. 4. BUYER acknowledges that a drainage easement will be reserved to SELLER over the entire property being conveyed. At such time as BUYER develops PROPERTY with required drainage facilities installed to City standards, SELLER will quitclaim those portions of said easement not needed for drainage purposes, to BUYER. 5. 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. 6. BUYER shall pay all recording fees. 7. 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. SELLER: EOFF OOD c;)~. R l,A)ocd TAMMI R. WOOD B ATTEST: ~ ENMAN, City Attorney ~h.~ RA L CLARK, CIty Clerk I 2010-209 EXHIBIT "A" LEGAL DESCRIPTION That portion of Kendall Drive described in the Deed to the State of California, recorded October 8, 1936, in Book 1162, Page 326, Official Records, of San Bernardino County, State of California, and relinquished to the City of San Bernardino in document recorded January 2, 1992, as Document No. 92-000403, Official Records, of said County, and further described as follows: That portion of the northeast quarter of Section 21, all in Township I North, Range 4 West, San Bernardino Base and Meridian, described as follows: COMMENCING at the most northwesterly corner of said Deed to the State of California; Thence South 00 30' East along the westerly line of said property described in said Deed, to a line that is parallel with and 50.03 feet southerly of, measured at right angles, the northerly line of the property described in said Deed, said point being the TRUE POINT OF BEGINNING; Thence southeasterly along said parallel line, South 600 30' East, a distance of 162.86 feet; Thence leaving said parallel line, South 11040' 34" East, a distance of209.12 feet, to a point on a non tangent curve concave southwesterly, that is parallel with and 200 feet southerly of, measured at right angles, said northerly line of the property described in said Deed; Thence northwesterly along said curve, having a radius of 1350 feet, through a central angle of 06001' 40", an arc distance of 142.03 feet; Thence North 600 30' West, a distance of 72.18 feet, more or less, to said westerly line of property described in said Deed; Thence North 00 30' West along said westerly line, a distance of 173.19 feet, more or less, to the TRUE POINT OF BEGINNING. RESERVING an easement to the Grantor, City of San Bernardino, for drainage purposes and appurtenant facilities in, over, under and across the entire real property conveyed above. Contains 0.645 acres (28,090.13 SQ FT.) more or less. 2 2010-209 " , .REQUESTED BY AND WHEN RECORDED MAIL TO: GEOFF WOOD 3939 N. "H" STREET SAN BERNARDINO, CA 92407 APN: 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 GEOFFREY L. WOOD and TAMMI R. WOOD, husband and wife as Joint Tenants, 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: ~-d2~-/6 BY~aYor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF Sa.n l?3e.1"t'\/l.rdll) 0 } S.s. On before me, .JuJi.e. rtl....frl2tlt.(~.4.A. th....1 S ,Notary . . Public, personally appeared L f who proved to me on the basis of satisfactory evidence to be the perso~ whose name~ is/~ subscribed to the within instrument and acknowledged to me that he/If(e!~ executed the same in hisiP'tltl)lil6- authorized capacity~), and that by his1E'r/~ir signature~ on the instrument the person()1: or the entity on behalf of which the personOQ 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: ~;., m ~l -fJ,.-rL.IJ ature EXHmIT "A" LEGAL DESCRIPTION That portion of Kendall Drive described in the Deed to the State of California, recorded October 8, 1936, in Book 1162, Page 326, Official Records, of San Bernardino County, State of California, and relinquished to the City of San Bernardino in document recorded January 2, 1992, as Document No. 92-000403, Official Records, of said County, and further described as follows: That portion of the northeast quarter of Section 21, all in Township I North, Range 4 West, San Bernardino Base and Meridian, described as follows: COMMENCING at the most northwesterly corner of said Deed to the State of California; Thence South 00 30' East along the westerly line of said property described in said Deed, to a line that is parallel with and 50.03 feet southerly of, measured at right angles, the northerly line of the property described in said Deed, said point being the TRUE POINT OF BEGINNING; Thence southeasterly along said parallel line, South 600 30' East, a distance of 162.86 feet; Thence leaving said parallel line, South 110 40' 34" East, a distance of 209.12 feet, to a point on a non tangent curve concave southwesterly, that is parallel with and 200 feet southerly of, measured at right angles, said northerly line of the property described in said Deed; Thence northwesterly along said curve, having a radius of 1350 feet, through a central angle of 060 0 I' 40", an arc distance of 142.03 feet; Thence North 600 30' West, a distance of 72.18 feet, more or less, to said westerly line of property described in said Deed; Thence North 00 30' West along said westerly line, a distance of 173.19 feet, more or less, to the TRUE POINT OF BEGINNING. RESERVING an easement to the Grantor, City of San Bernardino, for drainage purposes and appurtenant facilities in, over, under and across the entire real property conveyed above. Contains 0.645 acres (28,090.13 SQ FT.) more or less. .... bI e: CI) : I it . EXHIBIT "B" SAN BERNARDINO COUNTY FLOOD CONTROL -LITTLE MOUNTAIN DAM- POB PORTION NE ~, SECTION 21, T1 N, R4W, S.B.M, J{ ~18 "'.8 .~E~ uCl ....e "',fl e'" ~I:;; ~Q LINE DATA UNE BEARING LENGTH II S 60'30'00" E 162.66' l2 S 11'40'34' E 209.12' l3 N 60'30'00' W 72.18' l4 N 0"30'00. W 173.19' CURVE DATA CURVE 6 RADIUS LENGTH Cl 06'01'40" 1350' 142.03' " . CITY OF SAN BERNARDINO PUBLIC WORKS DIVISION !II REAL PROPERTY SECTION Sheet 1 of 1 - - PROPOSED SALE OF CITY OWNED PROPERTY (VACATED KENDALL DRIVE, EAST OF "H" STREET) LEGEND: Created by: RYAN SANDOVAL File No. :15.05-268 Date: 4121/2009 Revised: 5/12/2010 / / / / / / = Area of City owned property to be sold I / / / / / / l = Portion of City Property to be sold to Geoffrey Wood Contains 0.64 acres (28,090.13 sq. ft.) :l: