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HomeMy WebLinkAbout58-041RESOLUTION ~0. 58-41 AUTHORIZING LXECU'Fi0:I OF AN AGREE- i!ENT TO SELL ~AL PROPERTY TO ~R. AND I~[RS. ROSS D. i\[URO ',~.tEREAS, heretofore the City acquired a certain lot for the purpose of placing thereon a public street, and when said work was completed the property hereinbelowdescribed was left as surplus out- side of the street right-of-way and was of such size and shape that the same was not adequate as a building site and could be of value only to the adjoining property owner except as nuisance value in the hands of a non-a¢ljoining owner, a~'~d the adjoining owners have made an offer to buy the same; NO:,~, THEREFORE, BE IT RESOLVED: That upon recomr~endation of the City ~?!anager, and after study, the City Council determines th~ the real property herein described meets the requirements of Paragraph 2 of Section 2613 of the Santa Aha ?~unici?:l Code; that the price offered for said property, ;'i~00.00, is a fair price for said property and that said property should be sold as it has no value to the City. BE IT ~RT~-~R ~SOLVED: That the l~ayor and t~e Clerk of the Council are hereby directed to execute an agreement for the sale of said real ~roperty to Ross D. ~,;~ro s~d Dolores P. ~;~uro to cover that certain property in the City of Santa Aha, County of Oral,ge, State of California, described as: The South 18 feet of Lot 13 in Block A of Tract 233, as shown on a map thereof recorded in Book 13, Page 9 of ~.~iscellaneous i~!sps, records of said 0ra?4~.e County; EXCEPTING THEREFR0~ that portion included within a spandrel shaped parcel bounded Northerly by the ~,~orth line of said South 18 feet; ?;esterly by the ,iest line of said Lot and Southeasterly by the arc of a curve concave Southeasterly having a radius of 2~ feet and tangent to said North line of the South 18 feet and tangent to said West line of said Lot~ for the total price of ~5500.00, payable ~20.00 do~rn, receipt of which is hereby acknowledged, and the balance of ~480.00 in monthly install- ments of ~;20.00 or more, including interest, on the unpaid balance from January 20, 19~8 at the rate of ~,~ per annum, first payment thereafter to be mede ~,.Iarch 1, 19~8, and to continue until the entire purchase price has been paid. BE IT ~gRTHER RESOLVED: That said purchasers are hereby notified to and are required to make each and every payment to the Finance Officer of the City of Santa Aha located on the first floor of the C~ty Hall at 3rd and ~![ain Streets, in Sancta Ama, California. BE IT FURTHER RESOLVED: That the agreement the Council herewith, executed by the purchasers, and that the same shall not be recorded. PASSED AND ADOPTED by the at its regular meeting held on ATTEST: l' CLE~ OF THE COUNCIL for~a submitted to is hereby approved City Council of the City of Santa Aha the e . ary, 19 s. / , STATE 0F CALIFOP~IA) COUNTY OF ORAl, GE ) SS CITY OF SANTA ANA ) I, E~IA HUNTER, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 3rd day of February , 1958, and was at said meeting regular- ly passed and adopted by the following vote, to-wit: AYES, COUNCILI~LEN: Royal E. Hubbard, Stanley C. Gould~Jr., A.A. Hall, J.Ogden ~arkel, Dale H. Heinly NOES, C 0UNC II2iEN: None ABSE~K2, COUNC IL~'[EN: None CLERK OF THE COUNCIL -2- An A reement ~.ec~ted.....~.~.~_¥_..~ ............... , ~..~._. b~ ......... ~.~...~.~.~...~.~...~.~.~.~...~.~.~.....~.,.~.~.~.~_~.~ ...................... .... ~-~Q*~-~-~.~,Q-~ ................................................................................................................................................ called seller ~d by .... ~OSS_..D....~U. RO.....~...~.~P~P..~_,...~.~ ................................................................................................................................ .............................................................. C.~...o~--.~---~ ..................................................................... called buyer relative to the sMe ~n~ purchase of the following hn~ fn the~ount~ of ............ ~_~ ........................................... , Stare of Calffornf~: EXCEPTIN~ THEREFROM that portion included within a spandrel shaped parcel bounded Northerly by the North line of said South 18 feet; Westerly by the West line of said Lot and Southeasterly by the arc of a curve concave Southeasterly having a radius of 25 feet and tangent to said North llne of the SoUth 18 feet and tangent to said West line of said Lot. SelleragreestoseH ~dbuyeragreestobuythepropertyfor ~QO._O.O ........................ payable:$..~Q.,~O .............................. on executionofthisagreement;and the balance of $480.00 in monthly installments of $20.00 or more, including interest on unpaid balance from January 1958 at the rate of 5% per annum, payments to begin March 1, 1958 and continue until fully paid. To keep the buildings on said premises insured against loss by fire to the amount required by and in such insurance companies as may be satisfactory to the vendor, with appropriate clauses protecting vendor as his interest may appear. To keep the premises in as good a state and condition as a reasonable amount of use and wear thereof will permit (damage by the elements excepted); and to pay all taxes, water rents, and assessments as they become due and at least ten days before the same become delinquent. That if he fails to comply with the terms of this agreement, seller shall be released from all obligation in law or eq- uity to convey the property to buyer and all buyer's equities in the land, his improvements, and his right to possession shall be forfeited. That should seller have to sue to enforce this agreement, buyer shall pay seller's reasonable attorney's fees, necessary expenses, and the cost of title evidence. L-~' tG.S.) (Rev. 2-53) 4-25-56 (8 pt.) Seller agrees that when buyer has met and complied with the terms of this contract, except as modified by written agreement of the parties, he will execute and deliver to buyer a deed effective to convey title to the land to buyer free of encumbrances, made, suffered, or incurred by seller together with. a policy of title insurance to be issued by Security Title Insurance Company showing title in the condition provided for by this agreement, for a liability not exceeding the sale price herein stated. Seller and buyer agree that this agreement shall be effective as to all their respective successors in interest; that time is of the essence of this contract; that whenever necessary the masculine includes the feminine~ and that the singular includes the plural. .... ~...~ ~.~...~&._&~g...../.._.~..~..~ ................................. ~~ .................. .............. ........ Seller (s~ Clerk of thk/Council Buyer (s) STATE OF CALIFORNIA, County of ............................................................................ | ss. On this ........................................ day of ...................................................... , 19 ......... ~, before me, a Notary Public in and for said County and State, personally appeared ............................................................................................................................................................................ , known to me to be the person ..........whose name ............................ subscribed to the within instrument, and acknowledged to me that ............ he ............ executed the same. WITNESS my hand and official seal. Notary Public in and for said County and State.