HomeMy WebLinkAbout23-Development Services
ORIGiNAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: lAMES FUNK, Director
Subject: Public Hearing 4:00p.m. - Resolutions
Authorizing Execution of Agreements - Sale of
City Property, located between "D" Street and
Stoddard Avenue, north of 29th Street and south
of State Route 210
Dept: Development Services
Date: October 26, 2005
File No. 15.05-243
Synopsis of Previous Council Action:
08-01-2005: Resolution No. 2005-273 adopted ordering the vacation of a portion of the
east/west street lying between "D" Street and Stoddard Avenue.
MCC Date: 11-21-2005
10-17-2005: Resolution No. 2005-338 adopted establishing fair market value and minimum sale
price for vacated city owned property, located between "D" Street and Stoddard A venue, and
public hearing set for November 21,2005.
Recommended Motion:
1. Conduct and close the Public Hearing for the sale of City property, located between "D"
Street and Stoddard Avenue, north of291h Street and south of State Route 210.
2. Adopt Resolutions (2) directing and authorizing the execution of sales and purchase
agreements and executing Quitclaim Deeds for the sale of City property.
~~~
~ lames Funk
Contact person: leanne'marie Fitzpatrick Phone: 5328
Staff Report /Resolutions/
Supporting data attached: Agreements/Exhibits Ward: 7
FUNDING REQUIREMENTS: Amount:
None
Source: (Accl. No.) N/A
(Accl. Description) N/A
Finance:
Council Notes:
ResD. 2.roC;-2<r;C)
200$-2. CfD
Agenda Item No.
I~
~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Public hearing and Resolutions authorizing execution of Agreements - sale of City property, located
between "D" Street and Stoddard Avenue, north of 29th Street and south of State Route 210.
BACKGROUND:
On August 1, 2005, Resolution No. 2005-273 ordering the vacation of a portion of the east/west street
lying between "D" Street and Stoddard A venue was adopted. The resolution has been recorded and the
street is officially vacated. However, because the street was relinquished to the City of San Bernardino
by the State in fee ownership, the underlying two parcels (described as Parcel A and Parcel B on the
attached map) need to be sold in order for the City to relinquish all its interest.
Per staff, the parcels were determined to be undevelopable by themselves and have no value other than to
the adjacent property owners. Both of the adjacent property owners have indicated a desire to purchase
the property. Staff recommended that the parcels be sold with a "no build" restriction to maintain the land
use of single- family residential in this area. The adjacent owners were receptive to acquire the parcels
with the restrictions. Additionally, they are aware of the easements encumbering the properties which
further makes the property of no value to anyone other than the adjacent property owners.
On August 26, 2005, we received letters from the two adjoining property owners, Eddie and Gwendolyn
Powell and John P. Sanders, requesting to purchase the properties at a nominal value of$0.35 per square
foot. Staffs recommendation was that it would be in the best interest of the City to quitclaim these
properties for the nominal fee established, based on the fact that these parcels of land would have no value
on the open market because of the restrictions mentioned above. Staff has determined that this amount
($0.35 per square foot) is reasonable to cover staff cost for this action. Proceeds from this sale will go to
the general fund to cover staff time.
On October 17,2005, Resolution No. 2005-338 was adopted, establishing and setting fair market value
and sales price of Parcel A at $1,818.00 and Parcel B at $1,915.00, and declaring the intention of the City
to sell the property, and setting a public hearing for November 21,2005, to consider said sale. Pursuant to
Section 2.65.030 of the San Bernardino Municipal Code, property valued at less then $25,000 may be
sold without going through the public bid process, but a public hearing on the proposed sale must still be
held. City departments were notified of the proposed sale and no conflicts were noted.
The only closing costs associated with these sales are the recording costs, which will be paid for by the
buyers. Both buyers requested terms of 12 months to pay the balance after an initial 10% deposit, as set
forth in the attached sales and purchase agreement is paid.
The attached resolutions (2) authorize the execution of Sale and Purchase Agreements and authorize the
execution of Quitclaim Deeds to Eddie and Gwendolyn Powell, buyers for Parcel A and John P. Sanders,
buyer for Parcel B.
FINANCIAL IMPACT:
Revenue of$I,818.00, from sale proceeds for Parcel A.
Revenue of$I,915.00, from sale proceeds for Parcel B.
RECOMMENDATION:
That the hearing be closed and the attached resolutions be adopted.
r
rJDt to sc.a.1e.
- - - ffiH- - - - - - - - - - - ~ - - - - - - - - - - - - -
I -,
I I
I I
~ I d
~ I ~
~ - - -n-ut-- - ----- - - -l- -- _ _ __ _ _ _ _ _ __ _ ~
I ~ I
~ ~
I
I PARCEL B
5472 Sauare Feet 'I
STATE ROUTE 210
5194 Square Feet
I
---------~} : I
:: '0 3U I
u_u~~_@_____ :_____@u2_8u_u I
~ ~ I
_uu~~_@-___~ 40 @ \
19 :;:'1- 41 f09\ I
~ ~ ~ l
(';;\ ------2-0-@uu-~ -----;;--3-,-----@1
~ 9 ___uu_______~ ~ :_____~______u 42 10 :
~ @ 10 u___~~_~____ ~ ~:: @ 32 43 @ 1
41.l~:: @ 11 n (0 :;: I.. :;: @ 33 . ~~ @ :;: I
I 144.31 114.31 !Jo 1I1.U' 141.12 J7.~ I
I - I
o ~
L - -:.. --H1'H- _ _ - - - - - - - .....L - - - - - - - - - - - - -=-- - -
I
I 41. 2~
@6
@7
@8
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
PUBLIC WORKS DIVISION
REAL PROPER~ SECTION
PROPOSED VACATION FOR THE EASTIWEST STREET
BElWEEN "0" STREET AND STODDARD AVENUE
Approved by:
-MC~R
Prepared by: Je~rie./itzP~ri~k
Checked by: ~ Date~
PLAN NO.: 11416A FILE NO.:j5.30-384
VACATION SHOWN THUS: ~
Date;-6/.t,.
1
t~fV
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERt'\!ARDINO DIRECTING AND
3 AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
4 PROPERTY GENERALL Y LOCATED EAST OF STODDARD AVENUE, NORTH OF
29TH STREET AND SOUTH OF STATE ROUTE 210 IN THE CITY OF SAN
5 BERNARDINO TO EDDIE POWELL AND GWENDOLYN POWELL.
6
7
8
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and
9
10
authorized to execute on behalf of said City. a Sales and Purchase Agreement and Quitclaim
Deed, a copy of which is attached hereto as Exhibit "1 ", for the sale of certain City property
11
12 located east of Stoddard A venue, north of 29th Street and south of State Route 21 0, in said City to
13 Eddie Powell and GwendolY11 Po\\'ell, and more fully described in detail in said Exhibit.
14
SECTION 2. Said Agreement shall be null and void if either pm1y fails to
15
execute the Agreement within sixty (60) days of the date of adopti'on of this Resolution,
16
i /
17
/ I !
18 ! !
19
20
21
22
23
24
25
26
27
28
VlD. ~It
II /ZI /05
11/09/05 Powell
4
held on the
5
6
7
8
13
14
15
16
17
18
19
The foregoing resolution is hereby approved this
20
21
22
23
24
1
2
3
9
10
11
12
RESOLVTION OF THE CITY OF Sk'l BERNARDINO DIRECTING A:'>D ACTHORIZI:'>G THE
EXECLTION OF A SALES AND PCRCHASE AGREDIE:'>T AND THE EXECTTIO:'> OF A
Ql'ITCLAlM DEED FOR THE SALE OF CITY PROPERTY GENERALLY LOCATED EAST OF
STODDARD AVENCE, !'iORTH OF 29TH STREET .4..'\D SO liTH OF STATE ROCTE 210
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof
day of
, 20_, by the following vote, to
wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
ESTRADA
LONGYILLE
MCGINNIS
DERRY
KELLEY
JOHNSON
MCCAMMACK
City Clerk
day of
,20
JUDITH Y ALLES, Mayor
City of San Bernardino
Approved as to form
and legal content:
25 JAMES F. PEJ\TMAN
City Attorney
26
27 By:
28
j)~/~
lli09/05 Powell
2
EXHIBIT "1"
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of ,2005,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and
EDDIE POWELL AND GWENDOLYN POWELL ("BUYER") mutually agree as follows:
I. SELLER, for full consideration, in the amount of One Thousand Eight Hundred and
Eighteen Dollars ($1,818.00), shall deliver unto BUYER an executed Quitclaim Deed for a
portion of that certain real property generally located between "D" Street and Stoddard
A venue, north of 29th Street and south of State Route 210, in the City of San Bernardino,
("PROPERTY") more fully described in the Quitclaim Deed attached hereto and made a part
hereof as Exhibit "A".
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of One Hundred
and Eighty-One Dollars and Eighty Cents ($ 181.80), the equivalent of Ten Percent (10%) of
the purchase price of One Thousand Eight Hundred and Eighteen Dollars ($1,818.00), as the
initial payment for the purchase of said PROPERTY. The balance of One Thollsand Six
Hundred Thirty-Six Dollars and Twenty Cents ($1,636.20) shall be paid in twelve monthly
installments to include principle and interest at the rate of Six and Three Quarter's Percent
(6.75%) per annum as described in the Promissory Note attached hereto as Exhibit "B".
BlTYER shall pay to SELLER said monthly installments with cash or certified funds. The
BUYER shall execute said Promissory Note secured by a Deed of Trust.
3. SELLER is selling said PROPERTY to BUYER and BUYER accepts from SELLER said
PROPER TY in an "as-is" condition, including the existence of any liens, encumbrances and
easements on said PROPERTY. SELLER is also selling said PROPERTY to BUYER
subject to the following restrictions: BUYER shall not construct or cause to be constructed
any residential structure(s) on said PROPERTY. Further, BUYER shall not construct or
cause to be constructed additional residential structures on the adjacent property owned by
the BUYER, known as Assessor's Parcel Number 0149-042-17.
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, callses 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.
/ ;' /
; " /
11109/05 9:52 AM
POWELL SALES AlvD PURCHASE AGREEMENT - PROPERTY GENERALLY LOCATED
lJETWEElv' "D" STREET AND STODDARD A VENUE. NORTH OF 29m STREET AA'D
SOUTH OF STATE ROL;TE 210.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above,
BUYER:
SELLER:
CITY OF SAN BERNARDINO
BY:
EDDIE POWELL
JUDITH V ALLES, Mayor
GWEN DOL YN POWELL
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Clark, City Clerk
By ~II~
11/09/05 3:05 PM
2
REQUESTED BY AND
, WHEN RECORDED MAIL TO:
Exhibit "A"
'le and Gwendolvn Powell
. -: North Stoddard Avenue
San Bernardino, CA 92405
APN: NA
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR 1\ V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to EDDIE POWELL AND
GWENDOL YN POWELL, (hereinafter "Buyers") the following real property located in the City of San Bernardino.
County of San Bernardino, State of California, described as follows:
That portion of Lot 27 of the Lynncrist Heights Tract No. 1907, as per plat recorded in Book 27 of Maps Page 56
as recorded in the County of San Bernardino, State of California, lying east of a line that is 20 feet east of and
parallel with the west line of said Lot 27.
Jveyance of interest in the above described property is subject to the existence of any liens, encumbrances and
casements and is subject to the following restrictions: Buyers, their successors, heirs and assigns, shall not
construct or cause to be constructed any residential structure(s) on said property. Further, Buyers, their
Sllccessors, heirs, and assigns shall not construct or cause to be constructed any additional residential structures on
the adjacent property owned by the Buyers, known as Assessor's Parcel Number 0149-042-17.
DATE
,QE SAN BERNARDINO
f I
,; i
',\.JI,JDr'rH VALLES, Mayor
.;c .'" '....'.~".. '"
ACI<.J~OWLEDGEMENT OF GRANTOR(S):
COUNTY OF
)
) S.S.
)
ST A TE OF CALlFOR1\IA
On
before me,
, personally appeared
personally known to me (or 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
,,' his/her/their signature(s) on the instrument the person(s) . or the entity on behalf of which person(s) acted, executed the instrument.
\\1 rNESS my hand and official seal.
Signature
Exhibit "B"
PROMISSORY NOTE SECURED BY DEED OF TRVST
Date:
,2005
$1,636.20
Eddie and Gwendolyn Powell
2947 North Stoddard Avenue
San Bernardino, CA 92405
FOR VALUE RECEIVED, the undersigned promises to pay to the City of San
Bernardino (Seller) or its successors, the principal sum of ONE THOUSAND SIX Hu?\DRED
ANDTHRITY-SIX DOLLARS AND TWENTY CENTS (51,636.20). Payment of the Note
shall be made as follows:
I. Payments to be made in accordance with the amortization schedule attached hereto as Exhibit
"I", payable the first of every month commencing January 1,2006.
2. This l\ote shall be due and payable in full immediately upon the sale, conveyance,
reconveyance, lease, resale, disposition or refinancing of the property which is subject to the
Deed of Trust securing this Note. Additionally, this Note shall be immediately due and
payable in full upon any transfer of title of the property described in the Deed of Trust to any
person, firm or corporation, etc., other than the undersigned and except as provided in said
Deed of Trust, whether such transfer of title be voluntary, involuntary, or by operation of
law. Notwithstanding any other provision of this Note, this Note shall be due and payable in
full eleven (II) months from the date of the first payment as set forth above.
3. This Note shall accrue interest at a rate of Six and Three-quarters Percent (6.75%) per annum
during its term.
4. A failure to pay any sum provided for in the Note when due or a material breach of this Note
or the Deed of Trust shall constitute a breach thereof and shall entitle the Seller to declare all
sums due hereunder immediately due and payable and to pursue all remedies available under
this Note or the Deed of Trust.
5. All payments due under this Note shall be made in lawful money of the Gnited States at the
principal office and payable to the City of San Bernardino. 300 North "D" Street. 3rd floor.
San Bernardino. California 92418. Attn: Development Services Department - File No.
15.05-243.
6. The undersigned reserves the right to repay at any time all or part of the principal amount of
this Note without the payment of penalties or premiums.
If this Note. or any installment payment. is not paid vvithin ten (10) days of the due date,
the undersigned shall pay to the Seller a late charge of Five Percent (5%) on the amount past due
and remaining unpaid. If this Note is reduced to judgment, such judgment shall bear the
statutory interest rate on judgments.
In no event shall the late charge payable hereunder exceed the maXimum amount of
interest permitted under the usury laws of the State of California.
If suit is instituted by the Seller to recover on this Note, the undersigned agrees to pay all
costs of such collection including reasonable attorney's fees and court costs. The costs, salaries,
and expenses of the City Attorney and members of his office shall be considered as attorney's
fees for the purposes of this Promissory Note.
THIS NOTE is secured by a Deed of Trust of even date, duly filed for record in the office
of the County Recorder of the County of San Bernardino, State of California.
DEMAND, protest and notice of demand and protest are hereby waived and the
undersigned hereby waives, to the extent authorized by law, any and all homestead and other
exemption rights which otherwise would apply to the debt evidenced by this note.
IN WITNESS WHEREOF, THIS NOTE has been duly executed by the undersigned, as
of its date.
Eddie Powell
Gwendolyn Powell
.,
"-
I Pmt No. I
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
11 $
12 $
Powell
Exhibit "1"
Amortization Schedule
Sal I
1,636.20 $
1,504.02 $
1,371.09 $
1,237.42 $
1,102.99 $
967.81 $
831.87 $
695.16 $
557.68 $
41 9.43 $
280.40 $
140.60 $
Int I
9.20 $
8.46 $
7.71 $
6.96 $
6.20 $
5.44 $
4.68 $
3.91 $
3.14 $
2.36 $
1.58 $
0.79 $
Pmt I New Sal I
141.39 $ 1,504.02
141.39 $ 1,371.09
141.39 $ 1,237.42
141.39 $ 1,102.99
141.39 $ 967.81
141.39 $ 831.87
141.39 $ 695.16
141.39 $ 557.68
141.39 $ 419.43
141.39 $ 280.40
141.39 $ 140.60
141.39 $ 0.00
22
23
24
25
26
27
28
1
2
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERc"l/ARDINO DIRECTING Al\D
AUTHORIZING THE EXECUTION OF A SALES AND PURCHASE AGREEMENT
AND THE EXECUTION OF A QUITCLAIM DEED FOR THE SALE OF CITY
4 PROPERTY GENERALLY LOCATED WEST OF "D" STREET, NORTH OF 29TH
5 STREET AND SOUTH OF STATE ROUTE 210 IN THE CITY OF SAN BERNARDINO
TO JOHN P. SANDERS.
6
7
8
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby directed and
9
10
11
authorized to execute on behalf of said City, a Sales and Purchase Agreement and Quitclaim
Deed, a copy of which is attached hereto as Exhibit "1", for the sale of certain City property
12 located west of"D" Street, north of 29th Street and south of State Route 210, in said City to John
13 P. Sanders, and more fully described in detail in said Exhibit.
14 . SECTION 2. Said Agreement shall be null and void if either party fails to
15
execute the Agreement within sixty (60) days of the date of adoption of this Resolution.
16
17
I I "
18 !! I
19
20
21
/II
11/09/05 Sanders
Ylo. t~ B
///~//o
RESOLUTIO!ll OF THE CITY OF SAN BERNARDI"iO DIRECTING AND Al'THORIZING THE
EXECUTION OF A SALES A.I\'D Pl'RCHASE AGREEME!'IT A.SD THE EXECl'TION OF A
QUITCLAIM DEED FOR THE SALE OF CITY PROPERTY GE!'IERALLY LOCATED WEST OF "D"
STREET, NORTH OF 29TH STREET Al'iD SOUTH OF STATE ROUTE 210 IN THE CITY OF SA1'\
BER..'\'ARDINO,
1
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5
6
Common Council of the City of San Bernardino at a
hcld on the
day of
, 20_, by the following vote, to
18
19
20
21
22
23
The foregoing resolution is hereby approved this
24 Approved as to form
and legal content:
25
26
JA1\1ES F. PENMAN
City Attome~f1~i .
27 By: ~_ II. fMb[;)
28
11109/05 Sanders
2
meeting thereof
ABSTAIN
ABSENT
City Clerk
day of
,20_
JUDITH V ALLES, Mayor
City of San Bernardino
EXHIBIT "1"
SALES AND PURCHASE AGREEMENT
THIS AGREEMENT, executed this day of , 2005,
by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER")
and JOHN P. SANDERS ("BUYER") mutually agree as follows:
I. SELLER, for the full consideration, in the amount of One Thousand Nine Hundred and
Fifteen Dollars ($1,915.00), shall deliver unto BUYER an executed Quitclaim Deed for a
portion of that certain real property generally located between "D" Street and Stoddard
A venue, north of 29th Street and south of State Route 210, in the City of San Bernardino,
("PROPERTY") more fully described in the Quitclaim Deed attached hereto and made a
part hereof as Exhibit" A " .
2. BUYER shall deliver unto SELLER, cash or certified funds in the amount of One Hundred
and Ninety-One Dollars and Fifty Cents ($191.50), the equivalent of Ten Percent (10 %) of
the purchase price of One Thousand Nine Hundred and Fifteen Dollars ($1,915.00), as the
initial down payment for the purchase of said PROPERTY. The balance of One Thousand
Seven Hundred Twenty-three Dollars and Fifty Cents ($1,723.50) shall be paid in twelve
monthly installments to include the principal and interest at the rate of Six and Three
Quarter's Percent (6.75%) per annum as described in the Promissory Note attached hereto
as Exhibit "B ". BUYER shall pay to SELLER said monthly installments with cash or
certified funds. The BUYER shall execute said Promissory Note secured by a Deed of
Trust.
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. SELLER is also selling said PROPERTY to BUYER
subject to the following restrictions: BUYER shall not construct or cause to be constructed
any residential structure(s) on said PROPERTY. Further, BUYER shall not construct or
cause to be constructed additional residential structures on the adjacent property owned by
the BUYER, known as Assessor's Parcel Number 0149-042-07.
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 of SELLER.
5. BUYER shall pay all recording fees.
6. No obligation other than those set forth herein will be recognized.
/ / /
/ / /
11/09/05 10: 14 AM
1
SANDERS SALES AND PURCK1SE AGREEMENT - PROPERTY GEl\ERALLY LOCATED
BETWEEV ., D" STREET Al\'D STODDARD A VENUE, NORTH OF 29m STREET Al'v'D
SOUTH OF STATE ROUTE 210.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as set
forth above.
BUYER:
SELLER:
CITY OF SAN BERNARDINO
BY:
JOHN SANDERS
JUDITH V ALLES, Mayor
Approved as to form
And legal content:
ATTEST:
JAMES F. PENMAN,
City Attorney
Rachel Clark, City Clerk
By ~iI~
I I/09/05 3 :05 PM
2
REQUESTED BY AND
. WHEN RECORDED MAIL TO:
Exhibit "An
I P. Sanders
:: ')~8 North "D" Street
San Bernardino, CA 92405
AP:\ !\/A
SPACE ABOVE FOR RECORDER'S USE
QUITCLAIM DEED
FOR A V ALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SAN
BERNARDINO, hereby REMISE, RELEASE AND FOREVER QUITCLAIM to JOHN P. SA:\TDERS,
(hereinafter "Buyer") the following real property located in the City of San Bernardino. County of San Bernardino,
State of California, described as follows:
That portion of Lot 38 of the Lynncrist Heights Tract No. 1907, as per plat recorded in Book 27 of Maps Page 56
as recorded in the County of San Bernardino, State of California, lying west of a line that is 13 feet west of and
parallel with the east line of said Lot 38,
Iveyance of interest in the above described property is subject to the existence of any liens, encumbrances and
easements and is subject to the following restrictions: Buyer, his successors, heirs, and assigns shall not construct
or cause to be constructed any residential structure(s) on said property, Further, Buyer, his successors, heirs, and
assigns shall not construct or cause to be constructed any additional residential structures on the adjacent property
owned by the Buyer, known as Assessor's Parcel Number 0149-042-07,
CITY OF SAN BERNARDINO
~UI?ITH V ALLES, I'vhlyor
~\, i
p; "/ t
ACK1"OWLEDGEME~1 OF GRANTOR(S):
DATE:
COUNTY OF
)
) SS
)
ST A TE OF CALIFOR.l\rIA
On
before me,
, personally appeared
personally known to me (or 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 authonzed capaclty(ies), and that
i,V hIs/her/their slgnature( s) on the instrument the person( s) . or the entity on behalf of which person( s) acted, executed the lllshument.
" I [,NESS my hand and official seal.
Signature
Exhibit "B"
PROMISSORY NOTE SECURED BY DEED OF TRUST
Date:
$1,723.50
, 2005
John P. Sanders
2948 North "D" Street
San Bernardino, CA 92405
FOR VALUE RECEIVED, the undersigned promises to pay to the City of San
Bernardino (Seller) or its successors, the principal sum of ONE THOUSAND SEVEN
HUNDRED AND TWENTY-THREE DOLLARS AND FIFTY CENTS ($1,723.50).
Payment of the Note shall be made as follows:
I. Payments to be made in accordance with the amortization schedule attached hereto as
Exhibit "1", payable the first of every month commencing January 1,2006.
') This Note shall be due and payable in full immediately upon the sale, conveyance,
reconveyance, lease, resale, disposition or refinancing of the property which is subject
to the Deed of Trust securing this Note. Additionally, this Note shall be immediately
due and payable in full upon any transfer of title of the property described in the Deed
of Trust to any person, firm or corporation, etc., other than the undersigned and
except as provided in said Deed of Trust, whether such transfer of title be voluntary,
involuntary, or by operation of law. Notwithstanding any other provision of this
Note, this Note shall be due and payable in full eleven (11) months from the date of
the payment as set forth above.
3. This Note shall accrue interest at a rate of Six and Three-quarters Percent (6.75%) per
annum during its term.
4. A failure to pay any sum provided for in the Note when due or a material breach of
this Note or the Deed of Trust shall constitute a breach thereof and shall entitle the
Seller to declare all sums due hereunder immediately due and payable and to pursue
all remedies available under this Note or the Deed of Trust.
5. All payments due under this Note shall be made in lawful money of the United States
at the principal office and payable to the City of San Bernardino, 300 North D Street,
3rd Floor, San Bernardino, California 92418, Attn: Development Services
Department - File No. 15.05-243.
6. The undersigned reserves the right to repay at any time all or part of the principal
amount of this Note without the payment of penalties or premiums.
If this Note, or any installment payment, is not paid within ten (10) days of the
due date, the undersigned shall pay to the Seller a late charge of Five Percent (5%) on the
amount past due and remaining unpaid. If this Note be reduced to judgment, such
judgment shall bear the statutory interest rate on judgments.
In no event shall the late charge payable hereunder exceed the maximum amount
of interest permitted under the usury laws of the State of California.
If suit is instituted by the Seller to recover on this Note, the undersigned agrees to
pay all costs of such collection including reasonable attorney's fees and court costs. The
costs. salaries, and expenses of the City Attorney and members of his office shall be
considered as attorney's fees for the purposes of this Promissory Note.
THIS NOTE is secured by a Deed of Trust of even date, duly filed for record in
the office of the County Recorder of the County of San Bernardino, State of California.
DEMAND, protest and notice of demand and protest are hereby waived and the
undersigned hereby waives, to the extent authorized by law, any and all homestead and
other exemption rights which otherwise would apply to the debt evidenced by this note.
IN WITNESS WHEREOF, THIS NOTE has been duly executed by the
undersigned, as of its date.
2
I Pmt No. I
1 $
2 $
3 $
4 $
5 $
6 $
7 $
8 $
9 $
10 $
11 $
12 $
Exhibit "1"
Amortization Schedule
Sal I
1,723.50 $
1,584.25 $
1,444.25 $
1,303.44 $
1 , 161 .84 $
1,019.45 $
876.25 $
732.25 $
587.44 $
441 .81 $
295.37 $
148.10 $
Int I
9.69
8.91
8.12
7.33
6.54
5.73
4.93
4.12
3.30
2.49
1.66
0.83
Pmt I New Sal I
148.93 $ 1,584.26
148.93 $ 1,444.25
148.93 $ 1,303.44
148.93 $ 1,161.84
148.93 $ 1,019.45
148.93 $ 876.25
148.93 $ 732.25
148.93 $ 587.44
148.93 $ 441.81
148.93 $ 295.37
148.93 $ 148.10
148.93 $ 0.00
Sanders