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HomeMy WebLinkAbout28-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From:Valerie C. Ross, Director Subject: Public Hearing 4:00p.m. - Resolution Authorizing Execution of a Sales and Purchase Dept: Development Services Agreement and a Quitclaim Deed— Sale of a portion of City Water Department property Date: May 21, 2008 located northerly of Sepulveda Avenue, north of 54th Street. File No.: 15.05-259 MCC Date: June 16, 2008 Synopsis of Previous Council Action: 05/19/2008 —Resolution No. 2008-150 declaring property surplus, establishing fair market value and setting a public hearing for City Water Department property, located northerly of Sepulveda Avenue, north of 54th Street, was adopted. Recommended Motion: 1. That the Public Hearing relative to the sale of City Water Department property, located northerly of Sepulveda Avenue, north of 54th Street, be closed. 2. Adopt Resolution. r&& J R01J--- Valerie C. Ross Contact person: Ryan Sandoval Phone: 5226 Staff Report/Maps/Resolutions/ 4 Supporting data attached: Agreement/Quitclaim Ward. FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) N/A (Acct. Description) N/A Finance: Council Notes: �sd Gov 8 c2-X7 Agenda Item No. �� CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Public Hearing 4:00p.m. - Resolution Authorizing Execution of a Sales and Purchase Agreement and a Quitclaim Deed— Sale of a portion of City Water Department property located northerly of Sepulveda Avenue, north of 54th Street. BACKGROUND: On April 2, 2008, the City of San Bernardino Municipal Water Department Board of Water Commissioners ("Board"), declared as surplus property a portion of a 10 acre parcel, generally located northerly of Sepulveda Avenue, north of 54th Street, and being a portion of APN 0154-011-80. The City acquired the 10-acre site through a Land Patent from the United States Government in April, 1974 for City Water Department use. The site is currently being used as a water reservoir and is located in the foothills of the San Bernardino Mountains. The reservoir is accessed by a service road at the terminus of Sepulveda Avenue. Due to the hilly terrain, there is a large slope along the southeasterly portion of the service road. The base of the slope is directly adjacent to the residence located at 5533 N. Sepulveda Avenue. The property owners of the residence, Bryan and Katherine Domingue, have requested an easement from the Water Department for the purpose of landscaping and maintaining the lower portion of the slope that abuts their property. Since this portion of the slope is of no use to the Water Department, it was recommended by the Board to declare the property as surplus and to sell the surplus area to the adjoining property owners, rather than just a grant of easement. The property owners are agreeable to the purchase. The surplus property is 0.17 acres and consists of an approximately 33 foot wide strip of land that is approximately 242 feet in length, and is shown more specifically on the attached plat map. The Land Patent that conveyed the property to the City had reservations to the United States for ditches and canals, but did not contain any restrictions on the sale of the land or any portion of the land. Due to the size and location of this strip, a determination of a nominal value of$500 was also recommended by the Board. 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, but a public hearing on the proposed sale must still be held. On May 19, 2008, Resolution No. 2008-150 was adopted, declaring the property surplus, establishing the nominal value of$500 as the fair market value and setting a public hearing for June 16, 2008, to consider said sale. City departments were notified of the proposed sale and no conflicts were noted. The attached resolution authorizes the execution of a Sale and Purchase Agreement and authorizes the execution of a Quitclaim Deed to Bryan and Katherine Domingue. FINANCIAL IMPACT: None. All net proceeds from the sale of property will be forwarded to the Water Department. RECOMMENDATION: That the hearing be closed and the attached resolution be adopted. ATTACHMENTS: - Vicinity Map - Plat Map Location of City Water Dept. Property 0 a 4 // qhe jj CAL-STATE ; UNIVERSITY 18 NaMhprh Shy 15 ,,,h, No Scale 3 40th St. 330 �r > Q 0 Marshall Blvd. 210 Highland Ave. ass 3 < s1. 0 E - — � m Base Line St. ti 9th St a 5th St. C_ Rialto Ave. 15 a Mill St. o c 0 U 210 Orange Show Rd. a "" 0 VICINITY MAP CITY OF SAN BERNARDINO PROPOSED SALE OF A PORTION OF CITY WATER DEVELOPMENT SERVICES DEPARTMENT DEPARTMENT PROPERTY LOCATED AT THE REAL PROPERTY SECTION NORTHERLY TERMINUS OF SEPULVEDA AVENUE, NORTH OF 54TH STREET (POR. 0154-011-80) ® indicates un—incorporated areas within City's Sphere of Influence Created by: �,�`,yJr,� Date: l j off' 1 N 89°28'00"E 663.94' I / I CITY WATER 1 / RESERVOIR — I I / \ UNITED STATES PATENT NO. 04-74-0061 1 / \ BK. 8442, PG, 176, O.R.(04-15-1974) I I CITY WATER 1 1 RESERVOIR / I M CO \ / SW 1/4 OF THE SE 1/4 1 OF THE SE 1/4 OF SEC. 10 T. 1 N., R. 4 W., S.B.M. o 1 � NI 1 o ZI I / POR. OF CITY WATER 1 I DEPT. PROPERTY TO 1 BE SOLD CY) � 1 N ss 00 Cn i CG' N 00°49'17"W U) P 33.00' / S 89° 10'43"W 190.35' 1 1 I /124.98' 242.39' S 89° 10'43"W 297.72' 10 111 15 i 14 20' 15, 5533 N.SEPULVEDA AVE. POB POC (Described in in Grant Deed, W Recorded in Book 2488, Page 52, O.R.) PQ LEGEND: EQ ———— CITY WATER DEPARTMENT PROPERTY Lu PORTION OF CITY WATER DEPARTMENT J R PROPERTY PROPOSED TO BE SOLD a CITY OF SAN BERNARDINO O w DEVELOPMENT SERVICES O � M REAL PROPERTY SECTION u u PROPOSED SALE OF A PORTION OF CITY SCALE: 1"=l00' WATER DEPARTMENT PROPERTY AT THE NORTHERLY TERMINUS OF SEPULVEDA AVENUE Created by: ,� );,Le Date: ci (POR. OF APN 0154-011-80) 2 t-t Checked by: Date: FILE NO. 15.05-259 SHEET 1 OF 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 BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants ("BUYER") mutually agree as follows: 1. SELLER, for full consideration, in the amount of Five Hundred Dollars ($500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located northerly of Sepulveda Avenue, north of 54`" 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 Five Hundred Dollars ($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: CITY OF SAN BERNARDINO BRYAN DOMINGUE BY: EXHIBIT COPY FRED WILSON City Manager KATHERINE DOMINGUE Approved as to form: ATTEST: JAMES F. PENMAN, City Attorney RACHEL CLARK, City Clerk EXHIBIT 66V Page 1 of 1 371-01 Project Name: Mountain Reservoir EXHIBIT "All APN: 0154-011-80-0000 THAT PORTION OF THE SOUTHWEST ONE—QUARTER OF THE SOUTHEAST ONE—QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061, RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LAND; 1 � THENCE SOUTH 89 010'43" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING; THENCE NORTH 00049'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 10; THENCE SOUTH 89 010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 190.35 FEET; a THENCE SOUTH 60 042'49"WEST, A DISTANCE OF 41.56 FEET; f THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20 -.35 FEET, TO A POINT ON 3 THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH 89"10'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST CORNER OF SAID GRANT DEED; THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS. HILLWIG—GOODROW, LLC PREPARED UNDER THE SUPERVISION OF: i'��P >4)-\ J C� v Je ALAN C. HILLWIG, VLS 5137 ono. 5137 r / / / J, EXP. 6-30-07 , DATE: OF CA1— REQUESTED BY AND WHEN RECORDED MAIL TO: n and Katherine Domingue 5533 Sepulveda Ave. San Bernardino, CA 92404-1132 Ptn.of APN: 0154-011-80 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 BRYAN DOMINGUE and KATHERINE DOMINGUE, Husband and Wife as Joint Tenants, (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" CITY OF SAN BERNARDINO DATE: By: EXHIBIT COPY 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: EXHIBIT COPY Signature EXHIBIT "2" Page 1 of 1 371-01 Project Name: :fountain Reservoir EXHIBIT "A" ,kPN: 0154-011-80-0000 - - THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND ivIER1DIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061, RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LAND; THENCE SOUTH 89°10'43" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING; THENCE NORTH 00°49'17" WEST, A DISTANCE OF 33.00 FEET TO A LIN E PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 10; THENCE SOUTH 89 010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 190.35 FEET; THENCE SOUTH 60°42'49"WEST, A DISTANCE OF 41.56 FEET; THENCE SOUTH 48 046'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH 89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST CORNER OF SAID GRANT DEED; THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET. !MORE OR LESS. HILLWIG-GOODROW, LLC PREPARED UNDER THE SUPERVISION OF: ; � ri ALAN C. HILLWIG, LS 5137 No. 5137 1 DATE: / o'a EXP. 6-30-07/; OF CAL SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this day of , 20 , by and between the CITY OF SAN BERNARDINO, a municipal corporation("SELLER") and BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants ("BUYER") mutually agree as follows: 1. SELLER, for full consideration, in the amount of Five Hundred Dollars ($500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located northerly of Sepulveda Avenue, north of 54th 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 Five Hundred Dollars ($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: CITY OF SAN BERNARDINO BRYAN DOMINGUE BY: FRED WILSON City Manager KATHERINE DOMINGUE Approved as to form: ATTEST: ?ES!.w � A&71� F. PENMAN, City Attorney RACHEL CLARK, City Clerk Page 1 of 1 371-01 Project Name: :fountain Reservoir EXHIBIT "A" `PN: 0154-011-80-0000 THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061, RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LAND; THENCE SOUTH 89 010'43" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING; THENCE NORTH 00`49'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 10; THENCE SOUTH 89010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 190.35 FEET; THENCE SOUTH 60°42'49" WEST, A DISTANCE OF 41.56 FEET; THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH 89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST CORNER OF SAID GRANT DEED; THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LIME, A DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET. MORE OR LESS. HILLW7GGOODROW, LLC PREPARED UNDER THE SUPERVISION OF: ;jiPp I< ALAN C. HILLWIG, LS 5137 � * No. 5137 % *1 DATE: / �,� EYP. 6-30-07 ,, �yTF��y vii 1 OF Op,L SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this day of , 20 , by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER") and BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants ("BUYER")mutually agree as follows: 1. SELLER, for full consideration, in the amount of Five Hundred Dollars ($500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located northerly of Sepulveda Avenue, north of 54th 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 Five Hundred Dollars ($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: CITY OF SAN BERNARDINO BRYAN DOMINGUE BY: FRED WILSON City Manager KATHERINE DOMINGUE woo R n Approved as to form: ATTEST: ES�FPENMAN, City Attorney RACHEL CLARK, City Clerk Page I of 1 371-01 Project Name: :Mountain Reservoir EXHIBIT "A" ,kPN: 0154-011-80-0000 THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN LTN"ITED STATES PATENT NO. 04-74-0061, RECORDED APRIL 15, 1974 EN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COININIENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LAND; THENCE SOUTH 89010'43" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING; THENCE NORTH 00049'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 10; THENCE SOUTH 89°10'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 190.35 FEET; THENCE SOUTH 60°42'49"WEST, A DISTANCE OF 41.56 FEET; THENCE SOUTH 48 046'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH 89"10'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST CORNER OF SAID GRANT DEED; THENCE NORTH 89°10'43" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS. HILL"'IG-GOODROW, LLC PREPARED U-DER THE SUPERVISION OF: ALAN C. HILLW'IG,?LS 5137 , No. 5137 DATE: EXP. 6-30-07„ i eF cAL�% SALES AND PURCHASE AGREEMENT THIS AGREEMENT, executed this day of , 20 , by and between the CITY OF SAN BERNARDINO, a municipal corporation ("SELLER")and BRYAN DOMINGUE AND KATHERINE DOMINGUE, Husband and Wife as Joint Tenants ("BUYER") mutually agree as follows: 1. SELLER, for full consideration, in the amount of Five Hundred Dollars ($500.00), shall deliver unto BUYER an executed Quitclaim Deed for a portion of that certain real property generally located northerly of Sepulveda Avenue, north of 54th 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 Five Hundred Dollars ($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: CITY OF SAN BERNARDINO BRYAN DOMINGUE BY: FRED WILSON City Manager KATHERINE DOMINGUE Approved as to form: ATTEST: ES F. PENMAN, City Attorney RACHEL CLARK, City Clerk Page 1 of 1 371-01 Project Name: Mountain Reservoir EXHIBIT "A" \PN: 0154-011-80-0000 THAT PORTION OF THE SOUTHWEST ONE—QUARTER OF THE SOUTHEAST ONE—QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP I NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061, RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LAND; THENCE SOUTH 89°10'43" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING; THENCE NORTH 00°49'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF 10 SAID SECTION 10; THENCE SOUTH 89010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 190.35 FEET; THENCE SOUTH 60°42'49"WEST, A DISTANCE OF 41.56 FEET; THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH 89c'10'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST CORNER OF SAID GRANT DEED; THENCE NORTH 89 010'43" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS. HILL' IVIG—GOODROW, LLC _ PREPARED L-'DER THE SUPERVISION OF: ALAN C. HILLA IG,?LS 5137 j ,* No. 5137 DATE: ' \P. 6-30-07/ \z NN OF 0AJ:.i REQUESTED BY AND WHEN RECORDED MAIL TO: an and Katherine Domingue 5533 Sepulveda Ave. San Bernardino, CA 92404-1132 Ptn. ofAPN: 0154-011-80 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 BRYAN DOMINGUE and KATHERINE DOMINGUE, Husband and Wife as Joint Tenants, (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" CITY OF SAN BERNARDINO DATE: By: PATRICK J. MORRIS,Mayor ACKNOWLEDGEMENT OF GRANTOR(S): STATE OF CALIFORNIA COUNTY OF } S.S. On before me, Notary Public,personally appeared who proved tome 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 i Page 1 of 1 371-01 Project Name: Mountain Reservoir EXHIBIT "A" 4,PN: 0154-011-80-0000 1 THAT PORTION OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 4 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS DESCRIBED IN UNITED STATES PATENT NO. 04-74-0061, RECORDED APRIL 15, 1974 IN BOOK 8442, PAGE 176, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED LAND; THENCE SOUTH 89"10'43" WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 10, A DISTANCE OF 297.72 FEET, TO THE NORTHEAST CORNER OF A GRANT DEED, RECORDED IN BOOK 2488, PAGE 52, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, BEING THE POINT OF BEGINNING; THENCE NORTH 00°49'17" WEST, A DISTANCE OF 33.00 FEET TO A LINE PARALLEL WITH AND 33.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SECTION 10; THENCE SOUTH 89 010'43" WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 190.35 FEET; THENCE SOUTH 60 042'49"WEST, A DISTANCE OF 41.56 FEET; THENCE SOUTH 48°46'09" WEST, A DISTANCE OF 20.35 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID SECTION 10, SAID POINT BEING NORTH 89010'43" EAST AND A DISTANCE OF 15.00 FEET FROM THE NORTHWEST CORNER OF SAID GRANT DEED; THENCE NORTH 89°10'43" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 242.39 FEET, TO THE POINT OF BEGINNING. SAID DESCRIPTION CONTAINS 7,228 SQUARE FEET, MORE OR LESS. HILLWiGGOODROW, LLC PREPARED L-:vDER THE SUPERVISION OF: ALAN C. HILLWIG, VLS 5137 No. 5137 / EXP. 6-30-07 ' DATE: �-, � �- / sa\ /•�- OF CALF