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HomeMy WebLinkAbout21-Community Development ORiGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Public Hearing 4:00 p.m.—Resolutions (2) Authorizing the Execution of Sales and Purchase Dept: Development Services Agreements and Quitclaim Deeds—Sale of portions of City property generally located on the north side of Date: May 13, 2010 Kendall Drive, east of"H" Street. File: 15.05-268 MCC Date: June 21, 2010 Synopsis of Previous Council Action: 05/17/2010 - Resolution No. 2010-115 and Resolution No. 2010-116 establishing the fair market value and setting a public hearing for City owned property, generally located on the north side of Kendall Drive, east of"H" Street,was adopted. 04/06/2009 - Resolution 2009-81 ordering the vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street and reserving a temporary access and landscape easement for the Castaway Restaurant,was approved. Recommended Motion: 1. That the Public Hearing relative to the sale of City property generally located on the north side of Kendall Drive, east of"H" Street, be closed. AND 2. Adopt Resolutions (2). rte / ' X Valerie C. Ross Contact Person: Ryan Sandoval Phone: 5226 Supporting data attached: Staff Report/Maps/ Resolutions/ Ward(s): 4 Agreements/Quitclaim Deeds FUNDING REQUIREMENTS: Amount: None Source: (Acct.No.)N/A Acct. Description: N/A Finance: Council Notes: :50 40/0 _a 0 9 0j/0 _ 02/0 Agenda Item No. 21 1 O CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Public Hearing 4:00 p.m. — Resolutions (2) Authorizing the Execution of Sales and Purchase Agreements and Quitclaim Deeds — Sale of portions of City property generally located on the north side of Kendall Drive, east of"H" Street. Background: On January 2, 1992, the State of California relinquished Kendall Drive, including fee ownership, to the City of San Bernardino. An application was received on May 5, 2008, from Geoffrey Wood, requesting the vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street. Geoffrey Wood owns two parcels (APN's: 0151-181-01 & 19) adjacent to this portion of Kendall Drive and had requested to purchase the proposed vacated right-of-way portion from the City to expand his current auto business or other possible development. On April 6, 2009, the Mayor and Common Council adopted Resolution 2009-81, ordering the vacation of a portion of Kendall Drive, east of"H" Street and reserved a temporary revocable access and landscape easement over a portion adjacent to the Castaway Restaurant. The Resolution was recorded with the San Bernardino County Recorder on April 8, 2009, and the vacation is now final and no longer a public thoroughfare. Because this portion of Kendall Drive is no longer public right-of-way and the City owns this land in fee, the City may now proceed to sell this portion of land. The San Bernardino County Flood Control District (SBCFCD), who has been using a portion of the City property for flood control operations directly adjacent to Kendall Drive, has also shown interest in acquiring a portion of the vacated right-of-way. Additionally, it was determined that the Castaway Restaurant's driveway and landscaping encroach on a portion of the vacated City right of way, south of the flood control fence. The Castaway property owner (Lynn Threadgill, trustee of the Lyndon Allen Farrar Trust, U.A.D. 9-5-91) has also shown interest in acquiring a portion of the property. City departments were notified of the proposed sale and were given the opportunity to indicate if they had any present or future needs for the property, and any comments or conflicts they might have. Several responses were received and all were favorable of the proposed property sale. The City Engineer indicated that an easement for drainage and access purposes over the Geoffrey Wood area of interest needs to be retained in the sale. Since this portion of vacated Kendall Drive is of no use to the City, it is recommended by staff to declare the property as surplus and to sell the surplus area to the adjoining property owners (Geoffrey Wood, SBCFCD, & Castaway Restaurant). The adjacent property owners are agreeable to the purchase and agree in concept as to how the vacated right-of-way is to be divided. The total surplus property is 4.03 acres and consists of approximately 175,625.74 square feet of sloping land that will be split into three different parcels, and is shown more specifically on the attached plat map. Geoffrey Wood's area of interest is 28,090.13 sq. ft, Castaway Restaurant's is 22,176.08 sq. ft., and SBCFCD's is 125,359.53 sq. ft. The portion SBCFCD is interested in 2 purchasing will be brought forward for action at a later date after the Board of Supervisors give approval of the purchase. The City obtained a separate appraisal for each of the parcels from Smothers Appraisal Co. and the $3,000 total cost of the appraisals was paid for by Geoffrey Wood ($1,500) and the Castaway owners ($1,500). The appraisals made a determination of value in the amount of$10,800 for the parcel to Geoffrey Wood and $8,500 for the parcel to Castaways. Staff has reviewed the appraisals and concurs with the determination of fair market value. The City pays for appraisals when actively selling any property, but in certain occasions when approached to sell, the City has the buyer pay for the appraisal upfront, with the option to reimburse if the property is purchased. This is in case the fair market value is determined to be more than what the buyer is willing to pay for it, and the City is not stuck with paying the cost of the appraisal. Therefore, it is recommended as standard practice, to reimburse the buyers for their portion paid toward the appraisal cost out of the total purchase price. Therefore Geoffrey Wood would pay a sum of$9,300 and the Castaway owners would pay a sum of$7,000. Letters have been received by both owners indicating they would like to purchase the properties in question for the amount presented to them. 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. On May 17, 2010, Resolution No. 2010-115 was adopted, establishing the value of$10,800 as the fair market value for the portion proposed to be sold to Geoffrey Wood, and Resolution No. 2010-116 was adopted, establishing the value of$8,500 as the fair market value for the portion proposed to be sold to the Castaway property owners. Both resolutions set a public hearing for June 21, 2010, to consider said sale. The attached resolutions authorize the execution of a Sales and Purchase Agreement and authorize the execution of a Quitclaim Deed to Geoffrey Wood and the Castaway property owners. Financial Impact: All net sales proceeds will go to the City's general fund. The buyers will pay any recording costs associated with the sale of this property. Recommendation: That the hearing be closed and the attached resolutions be adopted. Attachments: - Vicinity Map - Plat Maps - Resolution's - Sales and Purchase Agreement 3 LOCATION OF PROPOSED SALE OF CITY OWNED •. PROPERTY a� (SEE DETAIL A ''.:.. ird'4 ./.,\N IIO I.� j y Q ;, 11 ,,, ;,/, , ,,, ke %%:� �cao, �aaii a7 !��'6.. '40th St 0 / Marshall Blvd JA' I �i--. / Highland Ave. A it. _ A . `` m _ .51A\ Base Line St. I - c //,� 5th St. jai m�I -,,, _ i.,,:m pi■+ __► x\\\ Rialto Ave. • -14-j-1 r7g Q Mill 5t m U C C a 0 ` Orange 'how Rd. r 1 .o , a it PO — X ui mw \ Ak ,0,. ::,,, .. t VICINITY MAP Iff 1 1 \ NTS DETAIL "A" `Y ■1 . CITY OF SAN BERNARDINO 441 PROPOSED SALE OF A PORTION OF DEVELOPMENT SERVICES DEPARTMENT VACATED KENDALL DRIVE (CITY OWNED ' t„ REAL PROPERTY SECTION PROPERTY), EAST OF "H" STREET IN THE CITY OF SAN BERNARDINO. / Indicates un-incorporated areas within City's , Sphere of Influence Created by: Ryan Sandoval Date: 3/29/2010 cc LIU Floo 0 co "T SAN BERNARDINO COUNTY I• � R° FLOOD CONTROL • POC - LITTLE MOUNTAIN DAM - CJ $003 POB �7 PORTION NE Y4, SECTION 21 , TIN, R4W, S.B.M. hp r- t.) by 40 dt p •/ O41 LINE DATA LINE BEARING LENGTH L1 S 60°30'00"E 162.86' L2 S 11°40'34"E 209.12' S0 L3 N 60°30'00"W 72.18' �L4 N 0°30'00"W 173.19' •kp SAP o CURVE DATA U w CURVE A RADIUS LENGTH jA € Cl 06°01'40" 1350' 142.03' 1'=120' ` - ,,,;i CITY OF SAN BERNARDINO Sheet 1 of 1 PROPOSED SALE OF CITY OWNED PROPERTY PUBLIC WORKS DIVISION (VACATED KENDALL DRIVE, EAST OF"H"STREET) iu REAL PROPERTY SECTION LEGEND: / , =Area of City owned property to be sold Created by: RYAN SANDOVAL Date: 4/21/2009 //////1=Portion of City Property to be sold to Geoffrey Wood File No. :15.05-268 Revised: 5/12/2010 Contains 0.64 acres(28,090.13 sq ft.)t W IZoo loft \ `'°"T SAN BERNARDINO COUNTY \ Rol se, _1 F, FLOOD CONTROL / POC — LITTLE MOUNTAIN DAM — CJ / / PORTION NE Y4, SECTION 21 , / T1 N, R4W, S.B.M. / / / yo / ko 10,\ -OB rip 43 50 /rA LINE DATA Akv \ LINE BEARING LENGTH GPSJSP\ o L1 S 55°27'00"W 200.00' 'S° S'CP L2 N 34°33'00"W 91.49' .Ar -i m L3 S 76°57'24"E 306.58' 6O / U w CURVE DATA A w �/ ■ 6 € 6.v� CURVE Li RADIUS LENGTH U. Z C1 5°44'03" 1350' 135.11 1'=120' ,,,;1 CITY OF SAN BERNARDINO Sheet 1 of 1 PROPOSED SALE OF CITY OWNED PROPERTY PUBLIC WORKS DIVISION (VACATED KENDALL DRIVE, EAST OF"H"STREET) Su 01 REAL PROPERTY SECTION LEGEND: / / / / / / , =Area of City owned property to be sold Created by: RYAN SANDOVAL Date: 4/21/2009 ////// 1 I =Portion of City Property to be sold to L.Threadgill File No. :15.05-268 Revised: 5/12/2010 Contains 0.51 acres(22,176.08 sq ft.)t 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 • UTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT ND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A CITY 4 I WNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTH OF 5 NDALL DRIVE AND EAST OF "H" STREET, IN THE CITY OF SAN ERNARDINO, TO GEOFFREY L. WOOD AND TAMMI R. WOOD. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 •F SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and 9 uthorized to execute on behalf of the City, a Sales and Purchase Agreement with Geoffrey L. 10 ood and Tammi R. Wood, a copy of which is attached hereto as Exhibit "1", for the sale of a 11 12 certain City owned parcel of real property generally located north of Kendall Drive and east of 13 "H" Street, in the City of San Bernardino, State of California, more fully described in said Sales 14 and Purchase Agreement; and 15 SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and 16 17 authorized to execute on behalf of the City, a Quitclaim Deed to Geoffrey L. Wood and Tammi 18 R. Wood, a copy of which is attached hereto as Exhibit"2", for said portion of the parcel of land, 19 and more fully described in Exhibit "A" of said Quitclaim Deed, attached hereto and made a part 20 hereof; 21 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded 22 if the parties fail to execute the Agreement within sixty (60) days of the date of adoption of this 23 24 Resolution. 25 111 26 /44, is –a1-1 27 tt 06/14/2010 1 • 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE 2 EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A CITY OWNED PARCEL OF REAL PROPERTY 3 GENERALLY LOCATED NORTH OF KENDALL DRIVE AND EAST OF "H" STREET, IN THE CITY OF SAN BERNARDINO,TO GEOFFREY L.WOOD AND TAMMI R.WOOD. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof 6 7 held on the day of , 20 by the following vote, to 8 wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 DESJARDINS 12 BRINKER 13 14 SHORETT 15 KELLEY 16 JOHNSON 17 MCCAMMACK 18 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of , 20 22 23 24 PATRICK J. MORRIS, Mayor City of San Bernardino 25 As'roved as to Form: 26 JI 27 y- C�'Aj JAMES PENMAN, City Attorney 28 06/14/10 2 EXHIBIT "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 GEOFFREY L. WOOD and TAMMI R. WOOD, Husband and Wife as Joint Tenants ("BUYER") mutually agree as follows: 1. 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. BUYER: SELLER: CO PY CITY OF SAN BERNARDINO GEOFFREY L. WOOD BY: COPY CHARLES E. MCNEELY, City Manager TAMMI R. WOOD Approved as to form: ATTEST: JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk 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 1 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 0° 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 60° 30' East, a distance of 162.86 feet; Thence leaving said parallel line, South 11°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 06° 01' 40", an arc distance of 142.03 feet; Thence North 60° 30' West, a distance of 72.18 feet, more or less, to said westerly line of property described in said Deed; Thence North=0° 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 • REQUESTED BY AND EXHIBIT "2" WHEN RECORDED MAIL TO: TFF WOOD ,...)9 N. "H" STREET SAN BERNARDINO,CA 92407 APN: SPACE ABOVE FOR RECORDERS 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 C 7-4"1" DATE: By: Ilk 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: Signature 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 1 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 0° 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 60°30' East, a distance of 162.86 feet; Thence leaving said parallel line, South 11° 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 06°01' 40",an arc distance of 142.03 feet; Thence North 60° 30' West, a distance of 72.18 feet, more or less, to said westerly line of property described in said Deed; Thence North 0° 30' West along said westerly line, a distance of 173.19 feet, more or less,to the TRUE POINT CW 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. l �W ' () EXHIBIT "B" °�T.,N SAN BERNARDINO COUNTY �' °y�� FLOOD CONTROL . 1 tiF� POC - LITTLE MOUNTAIN DAM - . :2 /■.; Ci-I POB so°' �' PORTION NE Y4, SECTION 21 , T1 N, R4W, S.B.M. /., / J y0 ,,N 0 �� O •' O h 44 O� gisol LINE DATA LINE BEARING LENGTH '' L1 S 60°30'00"E 162.86' L2 S 11°40'34"E 209.12' Se L3 N 60°30'00"W 72.18' py L4 N 0°30'00"W 173.19' O G�J��� c :� ^ ,c0 .‘11' U ✓� Z 'O) CURVE DATA 0 0 CURVE a RADIUS. LENGTH j Cl 06°01'40" 1350' 142.03'f j, VA U. c1.13 N 1'=120' I \ \ � CITY OF SAN BERNARDINO Sheet 1 of 1 PROPOSED SALE OF CITY OWNED PROPERTY • PUBLIC WORKS DIVISION (VACATED KENDALL DRIVE, EAST OF"H"STREET) i_ ! IN REAL PROPERTY SECTION I LEGEND: / / / / / / ,=Area of City owned property to be sold Created by: RYAN SANDOVAL Date: 4/21/2009 ////// =Portion of City Property to be sold to Geoffrey Wood File No. :15.05-268 Revised: 5/12/2010 Contains 064 acres(28,090 13 sq.6)t • 1 RESOLUTION NO. u 2 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND 3 UTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT • D THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A CITY 4 I WNED PARCEL OF REAL PROPERTY GENERALLY LOCATED NORTH OF 5 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. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 I F SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager of the City of San Bernardino is hereby directed and 9 uthorized to execute on behalf of the City, a Sales and Purchase Agreement with the Lyndon 10 11 Allen Farrar Trust, U.A.D. 9-5-91, a copy of which is attached hereto as Exhibit"1", for the sale 12 of a certain City owned parcel of real property generally located north of Kendall Drive and east 13 of "H" Street, in the City of San Bernardino, State of California, more fully described in said 14 Sales and Purchase Agreement; and 15 SECTION 2. That the Mayor of the City of San Bernardino is hereby directed and 16 17 authorized to execute on behalf of the City, a Quitclaim Deed to the Lyndon Allen Farrar Trust, 18 U.A.D. 9-5-91, a copy of which is attached hereto as Exhibit"2", for said portion of the parcel of 19 land, and more fully described in Exhibit "A" of said Quitclaim Deed, attached hereto and made 20 a part hereof; 21 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded 22 if the parties fail to execute the Agreement within sixty (60) days of the date of adoption of this 23 24 Resolution. 25 1// 26 27 28 �'' 0 06/14/2010 1 1 RESOLUTION OF THE CITY OF SAN BERNARDINO DIRECTING AND AUTHORIZING THE 2 EXECUTION OF A SALES AND PURCHASE AGREEMENT AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF A CITY OWNED PARCEL OF REAL PROPERTY 3 GENERALLY 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. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof held on the day of , 20 , by the following vote, to 8 wit: 9 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 16 KELLEY 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 22 The foregoing resolution is hereby approved this day of , 20 23 24 25 PATRICK J. MORRIS, Mayor City of San Bernardino 26 A44.ved as to Form: f 27 \ •%. _A JAMES F. 'ENMAN,City Attorney 28 06/14/10 2 EXHIBIT "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 THE LYNDON ALLEN FARRAR TRUST, U.A.D. 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. 1N WITNESS WHEREOF, the parties have executed this Agreement the day and year as set forth above. BUYER: SELLER: THE LYNDON ALLEN FARRAR TRUST,U.A.D. 9-5-91 CITY OF SAN BERNARDINO C ?Y Z.; ?V' BY: BY: C CLARA LYNN THREADGILL, Trustee CHARLES E. MCNEELY, City Manager Approved as to form: ATTEST: JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk 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 1 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 55° 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 34° 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 5° 44' 03", an arc distance of 135.11 feet; Thence South 76° 57'24" East,a distance of 306.58 feet,to the POINT OF BEGINNING. Contains 0.509 acres (22,176.08 SQ FT.)more or less. 2 • REQUESTED BY AND WHEN RECORDED MAIL TO: EXHIBIT "2" NNE THREADGILL . BOX 1047 COEUR D ALENE, ID 83816-1047 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 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" CITY OF SAN BERNARDINO DATE: By: PATRICK J. MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Public,personally appeared ,Notary 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: Signature • 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 1 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 55° 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 34° 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 5° 44' 03", an arc distance of 135.11 feet; Thence South 76° 57'24" East, a distance of 306.58 feet,to the POINT OF BEGINNING. Contains 0.509 acres(22,176.08 SQ FT.)more or less. �, • W EXHIBIT "B" PC 00 WINS \ `�°4/r SAN BERNARDINO COUNTY n \ �o�cy� FLOOD CONTROL Ix / Poc — LITTLE MOUNTAIN DAM — LJ , / PORTION NE Y4, SECTION 21 , / / T1 N, R4W, S.B.M. , , , (; / , , ao fr�� yo Oq4 \\\I\e■ \46 '`<� -0B z.3 i y0 A LINE DATA GSJ�c jU LINE BEARING LENGTH `' P _ L1 S 55°27'00"W 200.00' ^ , 0 $''�P �, .: L2 N 34°33'00"W 91.49' -a a) L3 S 76°57'24"E 306.58' U a, w CURVE DATA w /• c(/)l' 8 t° a CURVE a RADIUS LENGTH `•a C1 5°44'03" 1350' 135.11 1'=120' y I CITY OF SAN BERNARDINO Sheet 1 of 1 PUBLIC WORKS DIVISION PROPOSED SALE OF CITY OWNED PROPERTY 9r_ (VACATED KENDALL DRIVE, EAST OF"H"STREET) - i, REAL PROPERTY SECTION LEGEND: / / / / / / . =Area of City owned property to be sold Created by: RYAN SANDOVAL Date: 4/21/2009 / /////J =Portion of City Property to be sold to L.Threadgill File No. :15.05-268 Revised: 5/12/2010 Contains 0.51 acres(22,176 08 sq ft)t