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HomeMy WebLinkAboutReso 27-1974RESOLUTION NO. 27-74 CITY COUNCIL, CITY OF SOUTH S~2{ FRANCISCO,STATE OF CAAIFORNIA A RESOLUTION AUTHORIZING ACCEPTANCE OF AN OFFER TO SELL REAL PROPERTY -. LAWRENCE J. VARNI, A WIDOWER BE IT RESOLVED By the City Council of the City of South San Francisco that the City Manager be and he is hereby authorized to accept the offer to sell real prop- arty made by Lawrence J. Varni, a widower, as contained in the. offer to sell real property dated the 28th day of January, 1974, and attached hereto as Exhibit "A", and by this reference incorporated herein as if set forth verbatim; and the City Clerk be and he is hereby author- ized to attest thereto. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a Re§u I ar meeting held on the 4th day of February by the following vote: AYES, COUNCILMEN Patrick E. Aher~, F. Frank Mammini, Tar .ry_ J. Mlrri and Warren STeinkamp NOES, " None ABSENT, " None ABSTAIN, " William A..]3orba . i. ,/~ , uzty Ul~r~ .... - ,197~, EXHIBIT "A" RESOLUTION ~7-7~ The Clty'of South San Francisco · Proposed Pu~t~~ Site Parcel OFFER TO SELL REAL PROPERTY Oocument No. P.S. 73 -8 tn the f~rm of } ~RAII~.I).E~O C(~vertng a p6rtlon or all of the real property described in the. Rt~u)£~L~)f Title, prepared by becurl_l;.y_ 1.11;/e snsurance _~apj(. , Order and Escrow No. d ~:bTU15 , dated 16t-]9-13 ' '-, -- --', has been executed, attached hereto, and delivered to Fel'ix Castellanos, Real Estate Rt.qht of Way A.qen~--~b-r--EG~.-City of South San FrancisCo, a municipal corporation (hereinafter referred to as "City"). Return of said document prior to its recordation will terminate this offer and all of City's liability to the Offeror h'ereunder. In consideration of the sum.of.~laL~191Jar.($1,.O~.,nd over .valuable consideration, receipt of which is hereby acknowledged, LRWI(I:I~IL~I:. d * YR~l~ll~ a wl_cl__owelf' (hereinafter referred to as the "Offeror") does hereby agree as follows: 1. The Offeror hereby offers to sell and convey to City the real property described tn said. Grant Deed for the sum of : £IGHTY-TWO TFLOUSANn, FIV~F HUNnRFn AND NO/IOQ? ...... ~ .... -----dollars_($R~,5On. free and clear of all liens, encumbrances, restrictions, easements, assessments, delinquent taxes, rights of possession, clatms to rights of possession and leasehold interests, whether the same be recorded or unrecorded, except: a) Real Property taxes shall be satisfied in accordance with Section 4986 of Revenue and Taxation Code. b) City wtll take title subject to title report exceptions: 2) Covenants, conditions 'and restrictions 3) Right of way,for wires and cables 2. This offer shall remain in effect exclusive and irrevocable for 60 days from the date hereof and thereafter until' 30 days after receipt by City of written notice of the Offeror's intention to terminate this offer. 3.. The Offeror. hereby authorizes City to prepare and file escrow instructions in accordance with this offer on behalf of itself and the Offeror and to deposit the document delivered and other documents into the above-mentioned escrow with the aforementioned title company. Except as provided in Paragraph 4 below, all costs of escrow, title insurance and conveyanctng, if any, shall be paid by City. 4. The charges for Property Transfer Tax and the balance of unpaid principal and interest due on any note or notes secured by mortgage or deed of trust on the real property, and any prepaid penalties to~ether with trustee's fees, costs of recording, if any, shall be deducted from the total purchase price and paid to the parties entttled thereto. 5. From and after the date of exercising this agreement, City shall have the right to immediate possession and use of the property herein described for the purpose of engaging in all necessary activities Incidental to completion of publtc improvements. Offeror represents and warrants that he has authority to enter into and grant the offer given and that he holds title to the said real property. 7. Offeror warrants that any tenant now in possession of said property has no legal right to remain in possession more than thirty (30) days after notice to quit is served. Offeror further agrees to pay all expenses incurred to - remove any tenant who remains in possession beyond said thirty (3~) days. Offeror shall furnish to CITY immediately upon exercising this offer copies of any leases or rental agreements relative to the said property. 8. The terms and conditions hereof shall extend to and be btndtng upon the respective successors, legal represent- atives, and assigns of OFFEROR and CITY. 9. The parties have herein set forth the whole of their agFeement. The performance of this agreement constitutes the entire consideration of said document and shall relieve City of all further obligation or clatms on this account, or on account of the location, grade or construction of the proposed publtc improvement. QFFEROR The foregoing offer, together with each of the terms and conditions contained thereof is accepted and exercised by CITY this 4th day of February ., 19 lq . ' ATTEST: City Clerk City Cler~X (SEAL) EXHIBIT A 2. '! ' I,I'H{;^Tll)N (;I 25208 I,IAI~Ii,I'I'Y $ 3,500.(.)0 125.00 F I",1': $ ....................................... SECURITY TITLE INSURANCE COMPANY herei. ('alh'(! Ihe Assured. agai.sl It,ss .ol ('xce('di.g th(' liabilily amo..I slated al.,v(' s~'hi,'h Ih(' Ass.,'ed shall suslai, by reaso, of a.y i.('or.~'l.(:ss i. Ihe assura.('e which Ill('. Co.llumy her(.l~y gives Ih.al. a(.c(,r(li.g h, Ihe public records, o,, the date slnled The tille lo Ihe herei. (lescril,e(! la.(! was v(;sl('d i. the vesle(: .atll('(I. ,~ltl,je('l h,' Ill(' mailers ~how. Excel)lions herei., which l'XcCl~lio..s are !!ol m'ces,,,arily .~l.m.i. Ihe order of Iheir I.'iorily; 2. Thc .et. essary l)arlies (h'f(:.(h.iI i..,) ucli,m I,, Co.l[)demn Heal Pr, oper, ty are as hcrci, staled. All .~ul,jeet. however, to Ihe ex(.I.~i,.is rrm. c,(,;erage. Ill(. Ii.iii,. ,)f lial,ililv ami Ill(' olh('r I,r.visi..s of Ih(' . Co.(litio.s a.d Stilmlatiot'ls hereh) am.:xt:(! a.(I t.a(h' a Imrl (,flhi~ October 19, 1973 at 7:30 a.m. I)at,:(i: I;y $1,:(:lll{l'l'~~TITI,I.: IX' N(:I': /~flh(. Iz( (I ~igmtlllre (;LTA (;uaranlee Form No. ! ( I{cv..% I()-ti? I 1'-2,1, (G.$.) EXHIBIT A 3. ( Resolution 27-74) Vestee: LAWRENCE J. VAJ{NI, a widower l)escription of Ihe lan(i refcn'e.d lo i, this Guaranlcc, irt lite Slate of Califor.ia, Cotmly of ~;8n M&teo, CJ. ty of South San Franeisc PARCEL I: BEGINNING at a point on. the Northerly llne of Grand Avenue in. the City of South San Francisco, whO. ch point of beginning is distant North 74o 27' West 64.35 feet from the intersection of tl~e said Northerly line of Grand Avenue with the Westerly l~..ne of Chestnut Avenue; running thence along said N.orther 1.1ne of Grand Avenue~ Nor.th ~4° 27' %'lest 40. feet; thence Horth 15° 33' E&st 158.71 feet; the~;.ce South 74° 27' East 40 feet; thence South 15° '33' West 158.71 feet to the point of beglnni]~g. PARCEL II: BEGINNING at the intersection of the northwesterly line o.f Chestnut Street with the northeasterly line of the westerly extension of Grand Avenue; thenc North 74° 27' West, along Sa~d northerly line of Grand Avenue, 64.35 feet; the~]ce North 15° 33' East 158.71 fee~; the~lce North 74° 27' West 40.01 feet; thence North 15° 33' East 50.00 feet; thence South 74° 27' East 104.36 feet to the westerly l~.ne of Chestnut Street; t~ence Sout]~ 15° 33' West, along said westerly line 208.71 feet to tl~e point of be;{.innlng. (.3,TA Guara,tee Form N.. I tiler. 5.10.67) 1'-24-A ((;.S.) EXHIBIT A 1. Ge,')eral and Special Coul~ty and City of So San Francisco Taxes and AsseSsments for the £1scal year 1973-?~1, a lien not yet due or payable, as follows: C.^. 13-020 A.P. No. 11-262-120 (~) .$900. (2) $90'0.618 2. Covenants, condJ, tio,-~s and restrictS, ohs delet~n.g, therefrom any restrictions based on race color or creed as set fortl~ Jn the Deed executed by Souttl'San l,'rat~cisco Land and Improvement Company, a California corporation, recorded March 16, ]920, in Book 287, Page ~17]1 Deed Heco~ds ] e Said covenants s~d restrictl, ons expressly provide for reversion of title in the event of ~ breach thereof. 3. The right to carry over said lend, such electric wires a~d cables., telephone and telegraph wires, as may be necessary, not howe.ver, to i~terI'ere With any building or bu~ldin[~s o~ said land, as reserved ~n tt]e Deed executed by South San ].'rancJsco Land 8nd Improvement Company, a California corporation, recorded March 16, 1920, In BOok 287, Page 47~, Deed Hecords. ('Ibe exact size or location of said right of way is not set forth ~.n said Deeds. ) (:I,T^ (;uarn,flee l"o,'m N(.,. ! tiler. 5-'I().67) !'.2,'1.-!~ I (;.S.) EXHIBIT A 5. -w Xaid necessary pattie. (other than tl.~se havi,lg a claim .r inh'r(:~t I~y r(;a~.J~ .f malt('r~ ~llown in I".XCel~tion,~ numl)ered ]. j 2 ~ll~ ~) to !.; made dei'e.(lanL, i. ,.aid re'lion to I)¢ bro.~zht by the City of South Sa~ Francisco ns i,htintiff, are as follows: LAWRENCE J. VARNI, also known as LAWREIICI£ VARIII (;i,TA (;uaranlee I"orm No. I (ih,'v. 5.1 ()-67) P-2,1.-C (G.S.) EXHIBIT A 6.