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HomeMy WebLinkAboutResolution 53-83 MEET AGENDA DATE . ITEM ,�- IRESOLUTION NO. 53-83 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING THE CONVEYANCE OF AN INTEREST IN REAL PROPERTY FROM PETER R. DEL VAGLIO, ET UX. , AND AUTHORIZING THE EXCHANGE OF REAL PROPERTY BY THE I CITY OF ATASCADERO FOR SAID PROPERTY, AUTHORIZING THE CITY MANAGER TO EXECUTE APPROPRIATE DEEDS, AUTHORIZING THE RECORDING OF SAID DEEDS, APPROVING I ESCROW INSTRUCTIONS, AND AUTHORIZING THE TRANSFER OF FUNDS. IWHEREAS, the City of Atascadero and Peter R. Del Vaglio and Luisa M. Del Vaglio, husband and wife, desire to exchange certain interests in real property; and WHEREAS, an escrow has been opened for the exchange of said property with the Cuesta Title Guarantee Company, Escrow No. I9539-RP; NOW, THEREFORE, the Council of the City of Atascadero does Ihereby resolve as follows: Section 1. The Council hereby accepts title to the following Idescribed interest in real property under deed executed by Peter R. Del Vaglio and Luisa M. Del Vaglio, husband and wife: Parcel One: ILot 8 in Block JC in the City of Atascadero, in the County of San Luis Obispo, State of California, according to Amended Map of Atascadero, recorded July 16, 1915 in I Book 4, Page 56-A of Maps in the office of the County Recorder of said County. EXCEPT that portion of said land conveyed to the State of California by Parcel 3 of the Deed dated July 6, 1959, recorded February 24, 1960 in Book 1049, Page 322 of I Official Records. ALSO EXCEPT all oil, minerals and other hydrocarbon products, in under or upon said land without the right, however, to prospect for or take the same from said land AG:fr/12/6/83 -1- I I Resolution No. 53-83 I Page 2 while said land is used for residential, agricultural or horticultural purposes as reserved by Colony Holding Corporation, a Corporation, in Deed recorded May 3, 1916 in Book 108, Page 243 of Deeds. IALSO EXCEPT that portion of said land lying within the lines of Morro Avenue and Lago Avenue as shown on the map above referred to. Parcel Two: Lot 7 in Block JC in the City of Atascadero, in the County of San Luis Obispo, State of California, according to Amended Map of Atascadero, recorded July 6, 1915 in Book 4, Page 56-A of Maps, in the office of the County Recorder of said County. EXCEPT THEREFROM all streets, roads and alleys as shown Ion the map above referred to. ALSO EXCEPT that portion of said land conveyed to the State of California, by Deed dated October 19, 1960 and recorded January 9, 1961 in Book 1101, Page 588 of Offi- cial Records. Section 2 . The Council hereby authorizes the City Manager to execute a deed conveying to Peter R. Del Vaglio and Luisa M. Del Vaglio, husband and wife, the following described interest in real property, in exchange for the foregoing real property I described in Section 1, plus payment in the sum of Ten Thousand Dollars ($10,000 .00) to account for the difference in values between the properties: ILots 43, 44 and 45 in Block 12 of Atascadero Colony, per Amended Map of Atascadero Amendment "G" , filed for record September 16, 1925 in Book 3, Page 9-C of Maps. EXCEPT THEREFROM all that portion of said land lying within the boundaries of Lake View Drive and Santa Rosa Road, as shown on the map above referred to. I I I Resolution No. 53-83 ' Page 3 Section 3 . The Council hereby authorizes the City Manager to execute the aforementioned escrow instructions, and hereby authorizes the transfer of $10,000.00 from Contingency Reserve to Account No. 01-90-2540, Property Acquisition, to complete the rabove transaction. ,Section 4 . The real property being acquired by the City of Atascadero shall be used for recreational or public purposes. ' Section 5 . Deeds relating to the foregoing properties, being official business of the City of Atascadero, are entitled to free ' recording under section 6103 of the Government Code. Section 6 . The City Clerk shall forward a copy of this reso- lution to Peter R. Del Vaglio, et ux. , at 1425 El Camino Real, ' Atascadero, CA 93422. On motion by Councilman Wilkins__ and seconded by Councilman ' Stover , the foregoing resolution is hereby adopted in its en- tirety on the following roll call vote: IAyes: Councilmen Molina, Nelson, Stover, Wilkins and Mayor Macke ' Noes: None Absent: None ' Adopted: December 12, 1983 MARJO R. MACKEY, Mayor ATTEST: PATSY OSTER, Deputy City Clerk Resolution No 53-83 ' Page 4 APPROVED AS TO CONTENT: APPROVED AS TO FORM: MU RAY WARDEN, City MaTraSer ALLEN GRIMES, City Attorney APPROV D FOR ACCEPTANCE: L RENCE McPHERSON, Public Works Director