HomeMy WebLinkAboutResolution 41-90 ,RECORDING REQUESTED BY
HOMESTEAD TITLE CORPORATION � � DOC.No. 5f 0S6
• •a OFFICIAL RECORDS
when. 'recorded mail to: SAN LUIS OBISPO CO.,CA
City of Atascadero AUG 1 7 1990
6500 Palma Ave.
Atascadero, CA 93422 FRANCIS M.GOONEY
TO#44876 RESOLUTION 41-90 County Clerk-Reoorder
TIME 8'W AM
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
- AUTHORISING EXECUTION OF A REAL PROPERTY EXCHANGE
AGREEMENT BETWEEN MURRAY L. WARDEN AND THE CITY
INVOLVING PROPERTIES AFFECTED BY ABANDONMENT OF
MARCHANT WAY ADJACENT TO LOT 79, 9590 MARCHA1W4kA ry_.
WHEREAS, the City is desirous of abandoning a portion of
Marchant Way; and
WHEREAS, the 'City Council after public hearing on said aban-
donment on July 14, 1987 concurred with the recommendation of the
Planning Commission to pursue negotiation with the applicant to
exchange properties in relation thereto to the mutual benefit of
both parties; and
WHEREAS, it was the conclusion of the appraisers that said
property exchange would result in no exchange of value; and
WHEREAS, said proposed exchange is found to be categorically
exempt from the California Environmental Quality Act;
NOW, THEREFORE BE IT RESOLVED by the City Council of the
City of Atascadero that the Mayor and City Manager are hereby
authorized to execute the Real Property Exchange Agreement
(attached hereto as Attachment 11111v�'And incorporated herein) on
behalf of the City for the exchange of properties described
therein; and
BE IT FURTHER RESOLVED that the mayor and City staff are
hereby authorized and directed to take any and all steps neces-
sary to carry out the terms and conditions of said Real Property
Exchange Agreement.
Passed and adopted at the regular meeting of the City
Council of the City of Atascadero held April 10, 1990 by the
following vote:
AYES: Councilmembers Shiers, Borgeson, Mackey and Mayor Pro-Tem Lilley
HOES: None
ABSENT: Mayor Dexter
DATE ADOPTED: 4/10/90 BY
Mayor Pr - em,Ro ert -B. Lilley
ity of Atascadero, Ca fornia -
VOL 3562166
RESOLUTION NO. 41-90
AWES
LE A ICA, City C
APPROVED AS TO CONTENT:
IN
RAT WZMW%OR City Manager
APPROVED AS TO FORM:
ARTHER bfOMTXNDOX, City A torney
PREPARED BY:
HENRY ENGEN
Comunity DeVelopmeL Director
VOL 3'
AOACHMENT 1
REAL PROPERTY EXCHANGE AGREEMENT
This Agreement is made and entered into this o?7 day of
March, 1990, by and between MURRAY L. WARDEN, an individual,
hereafter "Warden" , and the CITY OF ATASCADERO, a municipal
corporation, hereafter "City" .
Warden agrees to exchange with the City his real property,
more particularly described in "Exhibit A" hereto, and the City
agrees to exchange with Warden its real property, more
particularly described in "Exhibit B" hereto.
For the mutual covenants- and conditions contained herein,
Warden and the City agree as follows:
I. Exchange Price.
The parties hereby acknowledge and agree that they have
determined that the value of their respective real properties is
equal. As such, the exchange will be consummated without any
monetary compensation.
2 Escrow.
This sale shall be con/srummated through an escrow established
with ( / I ' lI. , /„ � ( 'i , California.
The closing date for the escrow will be A , 1990 .
Escrow shall be considered closed when the grant deed to the
property is recorded.
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VOL 356 PAGE16
Within sixty (60) days after execution of this Agreement,
each party shall execute and deliver to the escrow holder its
written instructions consistent with the terms of this Agreement,
and shall provide the escrow holder with such other information,
documents, and instruments as the escrow holder may reasonably
require to enable it to close the transactions on the closing
date.
If the designated escrow holder shall be unable or unwilling
to act, the City shall designate another escrow holder subject to
Warden's approval, which shall not be unreasonably withheld.
3. Vesting Title.
On close of escrow, title shall vest in the City of
Atascadero, a municipal corporation, and Murray L. Warden.
4. State of Tice.
Each party shall by grant deed convey to the other a fee
simple interest, free and clear of all title defects, liens,
encumbrances, deeds of trust, and mortgages, except real property
taxes, assessments, and a lien not delinquent.
Each party shall procure a California Land Title Association
standard policy of title insurance in the amount of $50,000 .00 to
be pal by the procuring party and to be issued by
0 of
showing title vested in the name of other party and manner in
which title is to be held.
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VOL 3562 PAGE
0
5. Proration of Taxes, Insurance, and Interest.
Real property taxes, interest in assessments assumed by each
party, rents, insurance premiums on hazard insurance assigned to
each party, and interest on any indebtedness secured by any deed
of trust to remain on the property shall all be prorated as of
the closing date on the basis of a thirty (30) day month. Any
balance in any tax and insurance impound account shall be
credited to the party conveying the real property. Assessments
of record shall be paid by the party conveying the real property.
6. Closing Costs.
The conveying party shall pay all costs and expenses of
clearing title, repairing, executing, acknowledging, and
delivering the grant deed, the premium for the title insurance
policy, and shall pay any transfer taxes.
Each party shall pay their own recording fees (except those
in connection with clearing title) , the premium of the title
insurance policy, and all fees and costs for any new financing.
Each party shall pay one-half of the escrow fees.
7. Notices.
All notices and demands shall be given in writing by personal
service or by registered or certified mail, postage prepaid, and
return receipt requested. Notice shall be considered given when
mailed. Notices shall be addressed as appears below for each
party, provided that if any party gives notice of a change of
name or address, notices to the giver of that notice shall
thereafter be given as demanded in that notice.
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VOL 3 5fi2 PAGE170
ToCity: To nTarden•
City of Atascadero Murray L. Warden
Attn: City Manager
6500 Palma Avenue
Atascadero, CA 93422
8. Covenants.
All covenants, warranties, and other obligations contained
herein in this Agreement shall survive delivery of the deed.
Each party covenants and warrants as follows:
a. The subject property is free of any material,
physical, or mechanical defects.
b. Neither the property, nor the operation thereof,
violates in any way any laws, regulations, or building codes.
c. All documents delivered pursuant to this Agreement
are or will be true and correct copies of originals and represent
truly the factual matters stated therein.
d. All water, sewer, gas, electric, telephone and
drainage facilities, and all other utilities required by law or
by the normal operation of the property, are installed through
the property lines of the property, and are connected to the
property improvements with valid permits, and are adequate to
service the property and to permit full compliance with all
requirements of law and normal usage of the tenants and occupants
of the property.
e. Each party has all appropriate licenses, permits,
easements, and rights of way, including proof of dedication,
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VOL 3562PAGE171
building permits, and occupancy permits which are required from
any governmental authority having jurisdiction over the property
or from private parties as necessary to make use of the property,
in order to insure adequate vehicular and pedestrian ingress and
egress to the property.
f. This Agreement and all other documents delivered now
or at the closing, have been or will be duly authorized,
executed, and delivered, and are legal, valid, and binding
obligations, sufficient to convey title, and are enforceable in
accordance with their respective terms, and do not violate any
provisions of any agreement to which the parties are a party.
g. As of the closing, there will be no outstanding
contracts for any improvements to the property which have not
been fully paid for, and each party shall cause to be discharged
all mechanics' and materialmen's liens arising from any labor
material furnished prior to closing.
9. Warranty.
Each party warrants that title to the property shall be free
and clear of all liens and encumbrances of any type whatsoever,
and each party shall forever indemnify and defend each other from
any and all claims of any type whatsoever made by any third
party, except under said deeds of trust and taxes, against title,
possession, and any other attribute of ownership.
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VOL 3562PAGEM
10. Delivery of Property.
On close of escrow, each party shall deliver the property to
the other in substantially the same condition, reasonable wear
and tear excepted, as on the date of this Agreement.
This Agreement contains all representations and the entire
understanding between the parties hereto with respect to the
subject matter hereof. Any prior correspondence, memoranda, or
agreements are replaced in total by this Agreement.
11. Attorney's Fees.
In the event any dispute between the parties hereto shall
result in litigation, the prevailing party shall be reimbursed
for all reasonable costs, including, but not limited to,
reasonable attorney' s fees.
12. Assignment.
Each party' s rights and obligations hereunder shall not be
assignable without the prior written consent of the other.
Subject to that understanding, this Agreement shall inure to the
benefit and be binding upon the parties hereto and their
respective successors and assigns.
13. Offer and Acceptance.
a. Offer. Each party' s signature constitutes an offer
to the other to exchange the property on the terms and conditions
set forth. This offer shall remain valid and will be open until
April 30, 1990. If it is not accepted by each party by that
date, it shall be considered revoked, and the escrow holder shall
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VOL 3 562 PAGE 1"7 ;
close escrow. If both parties accept this offer within the time
specified, communication of acceptance shall be satisfied if the
escrow holder orally notifies each of the acceptance by the date
and delivers within five (5) days, in person or by United States
mail, one copy of the Agreement executed by both parties.
The undersigned offers and agrees to exchange the
properties under the terms and conditions stated in this
Agreement and acknowledges receipt of a copy of the Agreement.
b. Acceptance. The undersigned accepts the foregoing
offers to exchange the properties and agrees to exchange the
properties on the terms and conditions specified. Each
acknowledges receipt of a copy of this Agreement and authorizes a
copy to the other .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
W$RDEIJ CITY
CITY OF CADF 0:)
Mu ay L Warden ROBERT EY Mayor Pro-Tem
AT E
LEE DAYKA. City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ARTHER MONTA N ty Attorney HENRY ENGEN Comm ity Development
Director
ARM: fr/AGT:4
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VOL 3562%174
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WILSON LAND SURVEYS
74018 EL CAMINO REAL ATASCADERO, CALIFORNIA 93422 (805) 466-2445
LEGAL DESCRIPTION FOR CONVEYANCE FROM CITY TO WARDEN
That portion of Lot 8 Block 12 of Atescadero Colony in the City of .
Atescadero, State of California, County of San Luis Obispo, State
of California according to the neap filed in Book 3 of Maps of
Atescadero at page 9B in the Recorder's Office of said County and
State described as follors:
Beginning at a point on the southwesterly line of said Lot 8 said
point also being the corner common to Lots 78 and 79 and the
centerline of Marchant Avenue of Block J-C of Atescadero according
to the map filed in Rook 4 of Maps at page 56B records of said
County; thence along the northerly prolongation of the line common
to Lots 78 and 79 of said Plock J-C North 31 091.14" East (record
Forth 30 55'00" East.) a distance of 7.01 feet; thence leaving said
prolongation South 57 02'21" East a distance of 65.25 feet to a
point on the northerly prolongation of the line common to Lots 79
and 80 of said Block 3-C; thence along said prolongation South 24
58116" West (South 24 31100" West record) a distance of 63.47 feet
to s' point on the centerline of Marchant Avenue said point being at
the beginning of a curve concave to the east Raving a radius of
114.80 feet and a radial Dearing of North 59 35'47" East; thence
northerly along said curve through a central angle of 11 59'53" and
an arc length of 24.04 feet; thence North IS 23'0+2" West (record
North 18 24'00" West) a distance of 68.69 feet to the point of
beginning.
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END OF DOCUMENT vat c) U�,PAGE176