HomeMy WebLinkAbout2010-210
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RESOLUTION NO, 2010-210
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 THE LYNDON ALLEN FARRAR TRUST, U.A.D, 9.5-91.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and
uthorized to execute on behalf of the. City, a Sales and Purchase Agreement with the Lyndon
Allen Farrar Trust, U.A.D. 9-5-91, a copy of which is attached hereto as Exhibit "I", for the sale
of a 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 and Purchase Agreement; 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 to the Lyndon Allen Farrar Trust,
U.A.D. 9-5-91, a copy of which is attached hereto as Exhibit "2", for said portion ofthe parcel of
land, and more fully described in Exhibit "A" of said Quitclaim Deed, attached hereto and made
20 a part hereof;
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SECTION 3, The authorization to execute the above-referenced Agreement is rescinded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
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06/14/2010
2010-210
1
SOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE
2 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 THE LYNDON ALLEN FARRAR TRUST, U.A.D. 9-5-91.
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5 I HEREBY CERTIFY that the foregoing resolution was du1y adopted by the Mayor and
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eld on the 21st
ommon Council of the City of San Bernardino at a j oint regular
meeting thereof
day of June
, 20~, by the following vote, to
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it:
ouncil Members:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
x
x
DESJARDINS
x
BRINKER
x
SHORETT
x
KELLEY
x
JOHNSON
x
MCCAMMACK
~1J.~
City Clerk
22 The foregoing resolution is hereby approved this 22nd day of June
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,2010 .
ved as to Form: ()
27 \...L~ ~
JAMES F. ENMAN, City Attorney
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or
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06/14/10
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......
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2010-210
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
THE LYNDON ALLEN FARRAR TRUST, UAD. 9-5-91, ("BUYER") mutually agree as
follows:
1. SELLER, for full consideration, in the amount of EIGHT THOUSAND FIVE HUNDRED
DOLLARS ($8,500.00), less the appraisal fee paid by the buyer in the amount ONE
THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), for a net amount of SEVEN
THOUSAND DOLLARS ($7,000.00), 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 SEVEN
THOUSAND DOLLARS ($7,000.00).
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 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.
5. BUYER shall pay all recording fees.
6. 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:
THE LYNDON ALLEN FARRAR
TRUST, UAD. 9-5-91
BY: ~~ QlAo'!tdl TIki:
CLARA L THREADGILL, rustee
7~ J 3 - ;).,a10
ATTEST:
~\vL awl
. PENMAN, City Attorney
g~~Ci~
,-
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:
BEGINNING at the northwest corner of that parcel of land described in Deed to Lynne
Threadgill, recorded August 7, 1975, in Book 8737, Page 818, Official Records, of County of
San Bernardino, State of California;
Thence South 550 27' 00" West along the westerly line of said parcel and its southerly
prolongation, to a point on a line that is parallel with and 200 feet southerly of, measured at right
angles, the northerly line of said property described in the Deed to the State of California;
Thence northwesterly along said parallel line, North 340 33' 00" West, a distance of 91.49 feet,
to a tangent curve concave southwesterly, having a radius of 1350 feet;
Thence northwesterly along said curve, through a central angle of 5044' 03", an arc distance of
135.11 feet;
Thence South 760 57' 24" East, a distance of306.58 feet, to the POINT OF BEGINNING,
Contains 0.509 acres (22,176.08 SQ FT.) more or less.
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REQUI;STED BY AND
WHEN RECORDED MAtL TO:
AL'50 .AWI. -rAY; STA-reMi-AJ"1.s. 10:
LYNNE THREADGILL
P.O. BOX 1047
COEUR D ALENE, ill 83816-1047
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LARRY WALKER
Auditor/Controller - Recorder
7/22/2010
10:13 AM
8N
Recorded In Onlclal Records, County of San Bernardino
P Counter
Fees
Taxes
Other
PAID
Page.: 3
35.00
7.70
0.00
$42.70
OocH: 2010- 0294585
III~II ~IIIIIIII H~I
Title.:
APN: Prl'l 01."'" ~ :l"- 1+
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 the
LYNDON ALLEN FARRAR TRUST, U.A.D. 9-5-91, 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"
DOCUMENTARY TRANSFER TAX $ ,. ., 0
o Computed OIl full value of property conveyed, or
o Computed on full value less liens & encumbrances
remaining thereon at time of sale.
Signature of deCI......t or aglll'lt detanninlng tax, firm name
CITY OF SAN BERNARDINO
DATE:
6 -..:2i/- /0
BY:~~
AT CKJ. MORlns;-M\tyor
ACKNOWLEDGEMENT OF GRANTOR(S):
STATE OF CALIFORNIA
COUNTY OF :5a.n i?lPr'(}ardi^~
) S.S.
On e. before me, JuJle. m. F'~er - tYV, H.'H... , Notary
Public, personally appeared i c..
who proved to me on the basis of satisfactory evidence to be the personoo. whose name(llO. isl<Jkt subscribed to the within instrument and
acknowledged to me that he/~\Jlo' executed the same in his/k'lttjJclr authorized capacity(jll'i), and that by hi~tb\dr signaturelJi!. on the
instrument the person?" or the entity on behalf of which the personC41 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:
MAIL TAX $TATEMENTS AS DIRECTED ABOVE
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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 1 North, Range 4 West, San
Bernardino Base and Meridian, described as follows:
BEGINNING at the northwest comer of that parcel of land described in Deed to Lynne
Threadgill, recorded August 7, 1975, in Book 8737, Page 818, Official Records, of County of
San Bernardino, State of California;
Thence South 550 27' 00" West along the westerly line of said parcel and its southerly
prolongation, to a point on a line that is parallel with and 200 feet southerly of, measured at right
angles, the northerly line of said property described in the Deed to the State of California;
Thence northwesterly along said parallel line, North 340 33' 00" West, a distance of 91.49 feet,
to a tangent curve concave southwesterly, having a radius of 1350 feet;
Thence northwesterly along said curve, through a central angle of 50 44' 03", an arc distance of
135.11 feet;
Thence South 760 57' 24" East, a distance of306.58 feet, to the POINT OF BEGINNING,
.
Contains 0.509 acres (22,176.08 SQ FT.) more or less.
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EXHIBIT "B"
1-1
at
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SAN BERNARDINO COUNTY
FLOOD CONTROL
-LITTLE MOUNTAIN DAM-
PORTION NE ~, SECTION 21,
T1 N, R4W, S.B,M.
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LINE DATA
LINE BEARING LENGTH
L 1 S 55"27'00" W 200.00'
L2 N 34"33'00" W 91.49'
L3 S 76.57'24" E 306.58'
CURVE DATA
CURVE A RADIUS LENGTH
C1 5"44'03" 1350' 135.11
"
;I 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 Date: 4121/2009
File No. :15.05-268 Revised: 5/12/2010
/ / / / / / = Area of City owned property 10 be sold
1/ / / / / / J = Portlon of City Property \0 be sold to L.1hraadgill
Contal".0.51 aa"6I (22,178.08 sq. ft.) or