HomeMy WebLinkAboutResolution 43-90 RESOLUTION NO. 43-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AUTHORIZING THE CITY TO ENTER INTO A PURCHASE AND
SALES AGREEMENT AND ESCROW INSTRUCTIONS FOR
THE SALE OF THE SAN BENITO ROAD SURPLUS
LOT TO MICHAEL L. FREDERICK
WHEREAS, the City is desirous of selling an existing un-
improved lot known as the San Benito Road surplus lot; and
WHEREAS, said lot is surplus to the City' s needs; and
WHEREAS, the City and buyers have negotiated a Purchase and
Sale Agreement for the sale of said lot pursuant to Exhibit "A"
attached hereto and incorporated herein; and
WHEREAS, the terms of said Purchase and Sale Agreement are
acceptable to the buyers and the City; and
WHEREAS, abandonment of said street and development of said
property pursuant to Conditional Use Permit 3-88 has been found
to be consistent with the City' s General Plan; and
WHEREAS, sale of said lot will not have a significant ad-
verse environmental impact and the Negative Declaration prepared
for Conditional Use Permit 3-88 is adequate;
NOW THEREFORE BE IT RESOLVED by the City Council of the City
of Atascadero that the Mayor and the City Manager are hereby
authorized to execute the Purchase Agreement and Escrow Instruc-
tions (attached hereto as Exhibit "A" and incorporated herein) on
behalf of the City for the sale of the San Benito Road surplus
lot; and
BE IT FURTHER RESOLVED that the Mayor and City staff are
hereby authorized and directed to take any and all steps
necessary to carry out the terms and conditions of said Purchase
Agreement and Escrow Instructions.
PASSED AND ADOPTED at the regular meeting of the City Coun-
cil of the City o£ Atascadero held on April 10, 1990 by the
following vote:
AYES: Councilmembers Shiers, Borgeson, Mackey and Mayor Pro-Tem Lilley
MORS: None
ABSENT: Mayor Dexter
DATE ADOPTED: 4/10/90
BiN-$E , Mayor' r - em o ert . Lilley
ity of Atascadero, C fornia
RESOLUTION NO. 43-90
ATTEST:
C od -
LEE DAYKA, City Clerk
APPROVED AS TO CONTENT:
_ V "
RA S R, City Manager
APPROVED AS TO FORM:
L-to \� �� . A
--Amm I WN -,- - -"- - Av,2:
AR6MONTANDON, City Attorney
PREPARED BY:
Henry ngen
Community DtvelOP4t Director
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EXHIBIT A LOCATION MAP
CITY OF ATASCADERO Road Abandonments 2-8s & 3 8
lots
t"-"`'n: -!1 "-7 San Benito Road. between El i
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CAD F.- 4 COMMUNITY DEVELOPMENT Camino Real and the Freeway
DEPARTMENT
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4/ Road Abandonment 2-88 & 3-88
0 geAt r adjoining Lot 1, Blk 23 &
S aW Lot 13, Blk 18 Atas. Col.
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EXHIBIT "A"
PEASE AND SALE ACREEML1_ar
This Agreement is made and entered into on
between the CITY OF ATASCADERO ("Seller") and MICHAEL L.
FREDERICK ("Buyer") .
Seller agrees to sell and Buyer agrees to purchase the
property located on San Benito Road in the City of Atascadero,
San Luis Obispo County, California, and as described in Exhibit A
attached hereto.
Witnesseth
The parties hereto do agree as follows:
1® Purchase Price.
The purchase price for the property is $115,570.00, payable
as follows:
a. The amount of $1,000.00 by cashier' s check, upon
execution of this Agreement, payable to CUESTA TITLE COMPANY to
open escrow and be applied to the price at the close of escrow.
b. The amount of $_5.§,7_5800 to close escrow, and a
trust deed payable in one year in the amount of 5__57785 .00 ,plus
10% interest --_
2. Encumbr&nce and 692ocial SOIL 'tinnsx
a. Buyer shall be credited with the balance of principal
due at the date of the close of escrow one year from the date of
the signing of this Agreement. The balance due at the end of the
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one year term shall be $_�Q�Z�$,�QQ__ . The balance of the price
in escrow in cash or by cashier's check is due during business
hours at least one business day before the close of escrow. Upon
full payment at the close of escrow, a trust deed shall be deemed
payable in the amount of �_57i7$�_QQplus 10% interest .
b. Seller and Buyer agree that the subject property is
to be merged with contiguous property (APN 49-201-31) presently
owned by Buyer.
c. It is also mutually agreed that Seller will retain a
sewer easement for the express purpose of a future pump station
site. Exact location of said easement shall be established and
described at the sole cost of Seller and shall be approved in
writing by Buyer prior to actual close of escrow.
This sale shall be consummated through an escrow established
with CUESTA TITLE COMPANY, San Luis Obispo, California. The
closing date for the escrow will be on or before June 30, 1990.
Escrow shall be considered closed when the grunt deed to the
property is recorded.
Within twenty-one (21) 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.
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If the designated escrow holder shall be unable or unwilling
to act, Buyer shall designate another escrow holder subject to
Seller's approval, which shall not be unreasonably withheld.
4. vesting Title.
On close of escrow, title shall vest in MICHAEL L. FREDERICK,
a single man.
5. State of Title.
Seller shall by grant deed convey to Buyer a fee simple
interest free and clear of all title defects, liens, encum-
brances, deeds of trust, and mortgages, except real property
taxes and assessments, and a lien not delinquent.
Seller shall procure a California Land Title Association
standard policy of title insurance in the amount of $115,570.00
to be paid by Seller and to be issued by CUESTA TITLE COMPANY,
showing title vested in MICHAEL L. FREDERICK, a single man.
6. Proration of Taxes. Insurance, and Interest.
Real property taxes, interest in assessments assumed by
Buyer, rents, insurance, premiums on hazard insurance assigned to
Buyer, 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. All
security deposits ' and prepaid rents held by Seller shall be
credited to Buyer. Any balance in any tax and insurance impound
account shall be credited to Seller. Assessments of 'record shall
be paid by Seller.
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7. Closing Cosmo.
Seller 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.
Buyer shall pay all recording fees (except those in
connection with clearingtitle) , and all fees and costs for any
new financing.
Buyer and Seller shall each pay one-half of the escrow fees.
8. dices.
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.
To Seller Tom
City of Atascadero Michael L. Frederick
Attn: City Manager P.O. Box 573
6500 Palma Avenue Atascadero, CA 93423
Atascadero, CA 93422
9. Covenants
All covenants, warranties, and other obligations contained
herein in this Agreement shall survive delivery of the deed.
Seller covenants and warrants as follows:
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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 to Buyer pursuant to this
Agreement are or will be true and correct copies of originals and
represent truly the factual matters stated therein.
d. Seller has all appropriate licenses, permits,
easements, and rights of way, -including proof of dedication,
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.
e. This Agreement and all other documents delivered by
Seller to Buyer, now or at the closing, have been or will be duly
authorized and executed and delivered by Seller, and are legal,
valid, and binding obligations of Seller, sufficient to convey
title, and are enforceable in accordance with their respective
terms, and do not violate any provisions of any agreement to
which Seller is a party.
f. As of the closing, there will be no outstanding
contracts made by Seller for any improvements to the property
which have not been fully paid for, and Seller shall cause to be
discharged all mechanics' and materialmen's liens arising from
any labor material furnished prior to closing.
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10. Warranty.
Seller warrants that title to the property shall be free and
clear of all liens and encumbrances of any type whatsoever, and
Seller shall forever indemnify and defend Buyer 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 by Buyer.
11. pe?i very o�g8e. ty.-
On close of escrow, Seller shall deliver the property to
Buyer 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.
12. FeC
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.
13. Assignment.
Seller's rights and obligations hereunder shall not be
assignable without the prior written consent of Buyer. Subject
to that understanding, this Agreement shall inure to the benefit
and be binding upon the parties hereto and their respective
successors and assigns.
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14. Offer and Acce tann_ce.
a. Offe . Buyer 's signature constitutes an offer to
Seller to purchase the property on the terms and conditions set
forth. This offer shall remain open until September 11 1990. If
it is not accepted by Seller by that date, it shall be considered
revoked, and the escrow holder shall return the deposit to Buyer
upon the demand of Buyer. If Seller accepts this offer within
the time specified, communication of acceptance to Buyer shall be
satisfied if the escrow holder orally notifies Buyer of the
acceptance by the date and delivers to Buyer within' five (5)
days, in person or by United States mail, one copy of the
Agreement executed by Seller.
The undersigned Buyer offers and agrees to buy the
property under the terms and conditions stated in this Agreement
and acknowledges receipt of a copy of the Agreement.
b. Acceptance. The undersigned Seller accepts the
foregoing offer to purchase the property and agrees to sell the
property to Buyer on the terms and conditions specified. Seller
acknowledges receipt of a copy of this Agreement and authorizes a
copy to Buyer.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first above written.
ELLER: RUYE
CITY OF ATASC
r
By By
OBERT B. IL Y aoy Tem NIC EL L. FREDERICK
Dated: 4/12/90 Dated: �!A— c [..i
` —S _
ATTEM,
LEE DAYKA Ltity Clerk
APPROVED AS TO FORM:
ARTHER MONTANDON ity Attorney
APPROVED AS TO CONTENT:
HENRY ENG4N Co nity Development Director
ARM:fr/3/30/90
AGT:005
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EXHIBIT "A"
THAT PORTION OF LOTS 12A AND 13 IN BLOCK 18 AND THAT PORTION OF LOT 1
IN BLOCK 23 AND THAT PORTION OF SAN BENITO ROAD OF ATASCADERO COLONY,
IN THE CITY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, ACCORDING TO THE MAP FILED FOR RECORD OCTOBER 21, 1914 IN
BOOK 3 AT PAGES 19 AND 26 OF MAPS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT DISTANT NORTH 51 DEGREES 47 MINUTES 42 SECONDS
EAST, 90 FEET FROM ENGINEERS STATION 104+00 P. 0. C. ON THE CENTERLINE
OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FOR STATE HIGHWAY MAP BOOK
RECORDED OCTOBER 4, 1967 IN BOOK 5, PAGE 10, RECORDS OF SAID COUNTY,
SAID POINT ALSO BEING THE NORTHERLY TERMINUS OF COURSE AND DISTANCE
SHOWN ON SAID MAP BOOK AS NORTH 41 DEGREES 04 MINUTES 10 SECONDS WEST,
1290.46 FEET; THENCE NORTH 7 DEGREES 21 MINUTES 30 SECONDS EAST, 168 . 63
FEET; THENCE NORTH 37 DEGREES 32 MTNTTTF.S WEST, 151.49 FEET; THENCE
ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, WITH
A RADIUS OF 220 FEET, THROUGH AN ANGLE OF 63 DEGREES 01 MINUTES 41
SECONDS FOR A DISTANCE OF 242. 01 FEET; THENCE SOUTH 36 DEGREES 48
MINUTES 20 SECONDS WEST, 132 .60 FEET; THENCE ALONG A CURVE TO THE RIGHT
FROM A TANGENT WHICH BEARS SOUTH 12 DEGREES 49 MINUTES WEST, WITH A
RADIUS OF 60 FEET, THROUGH AN ANGLE OF 131 DEGREES 06 MINUTES 21
SECONDS A DISTANCE OF 137.29 FEET; THENCE SOUTH 34 DEGREES 23 MINUTES
37 SECONDS EAST, 479. 17 FEET TO THE POINT OF BEGINNING.
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