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Home My WebLink AboutR-3274 - Agreement Between the City and Frank Anthony Brown for City Acquisition of Real Property Adjacent to Mission PlazaRESOI 'ION NO. 3274 - (19 77 Series A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND FRANK ANTHONY BROWN FOR CITY ACQUISITION OF REAL PROPERTY ADJACENT TO MISSION PLAZA. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the Office of the City Clerk, between the City and Frank Anthony Brown, concerning City purchase of real property, adjacent to Mission Plaza: is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Frank Anthony Brown, the City Engineer, and Dale Mitchell. On mot Petterson AYES: NOES: ABSENT: ion of Councilman Norris , seconded by Councilma and on the following roll call vote: Councilmen Graham, Norris, Petterson and Mayor Schwartz Councilman Gurnee None the foregoing Resolution was passed and adopted this 1st day of April 19 77 ATTEST: C' rk , Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation City Attorney BY Allen Grimes Endorsement as to content on agreement. PURCHASE AGREEMENT THIS AGREEMENT, made and entered into in the City of San Luis Obispo, County.of San Luis Obispo„ State of California, this day of 1977, by and between the CITY OF SAN LUIS OBISPO, referred to herein as "City" and FRANK ANTHONY-BROWN, re- ferred to herein as "Owner ". W I T N E S S E T H: WHEREAS, Owner has title to'that certain parcel of real property hereinafter- described, and WHEREAS, City desires to purchase said parcel of real property for municipal purposes, NOW, THEREFORE, the parties hereto-mutually agree, as follows: 1.- In consideration of the covenants, promises; and agreements contained herein, Owner.hereby agrees to sell.to City and City hereby agrees to buy that certain real property together with any improve- ments located .thereon, situate in the City of.San Luis Obispo, County of San Luis Obispo, State of California, an exact description of which is to be submitted by the parties before close of escrow, but described in general terms as a portion of Assessor's Parcel number 02- 421 -05 approximately 60 x 80 feet in .size, located on the corner of Monterey and Broad Streets in the City and County of San Luis Obispo, State of California. 2. The purchase price to be paid by the City to Owner shall be, the sum of Forty -eight Thousand Dollars ($48,000.00), subject to the terms and conditions hereinafter stated. 3. City agrees to.deposit in escrow with the Title Insurance and Trust Company the purchase price as follows: -1- _,:. �: 1. ;� w,�v `'4 %��C '- 4:... ' i�� •r;.. �,,.', 'Y�y,,y;_ -�� {y�,.."'!_�*,..r7- � °� ��?.��f�.�+^r+ .`. , �r:,w- : ,.5: � r .. -w�'v �� The full amount in cash within thirty (30) days after the date on which a properly executed Grant Deed is deposited in escrow with Title Insurance and Trust Company conveying fee title to the City and on condition that the City has approved the conditions of title. (A) Owner agrees to place an executed deed in escrow within fifteen (15) days after the date on which escrow is opened.. The escrow shall close five (5) days after deposit of cash by City as set. forth above. (B) This agreement constitutes escrow instructions of both Owner and City, subject to further written instructions by mutual consent of both parties. 4.- Title shall be free and clear of all liens, encumbrances, leases (recorded or unrecorded), easements, restrictions, rights and conditions of record or known to Owner,..other than the following; as evidenced by Standard California Land.Title Association.P.olicy of Title Insurance, issued at City's expense. (A) 1. 1976 -77 City and County property taxes. 2. Covenants, conditions and restrictions of record. 3. Easements of record. 5. City agrees to pay the costs of transaction tax-on deed. The Owner further agrees to pay the total amount of any and all bonds or assessments outstanding as liens on the real property herein. Escrow charges shall be paid by the City. If Owner fails to deliver title as.prov ded herein, City may, at its option, terminate this agreement and.recover- any consideration paid into escrow. 6. The Owner shall pay the property taxes due as prorated at the close of escrow.. Premiums on insurance, if acceptable to City, =2- M try\ ^.. �'!v" � _-�,^`�,� v�l l; �•z 'b.. �.` �. �.x.,. ti'.�. —.� .�'. _ _ , _. '�v.;, °4; ,✓•yi��(� ...: '•.n .,"." � � �Y.-. ^ .. "' � .,.. a?�. .. � .rr lr. r �• �vT '�+...�Ye � k�'y�y.' Y� ai �vN"'A: ��..^..�nr�V•`t . /'^• 4� ��'+�',�!•. Ar ��+ri� �.�.� '95/ ;!.. and rents, interest and any other items of income or expense shall be prorated at the close of escrow. 7. Possession shall be delivered to the City and title shall vest in the City on close of escrow. Actual title shall vest in the name of the City of San Luis Obispo. 8. Should the property itself or any improvements thereon be destroyed or materially damaged prior to the closing of escrow, the City, at its option and in conjunction with the Owner, shall prorate any reimbursement for damages, received as a result of any insurance claim. 9. The Owner agrees to dedicate to City that portion of property presently owned by him from the creek side of the existing retaining wall to the center of the creek when and if a development is approved for the balance of his presently owned property. 10. The parties agree that if City removes structures presently located on the property described herein, and if such removal creates a hazardous condition to structures on the property still owned by Owner, City shall take at City's expense such actions as are necessary to alleviate said hazard. 11. Should City proceed with plan to develop the property described herein as an extension of the Mission Plaza and should City make a demand upon Owner, Owner agrees to furnish an accurate datum for the access doorsill and further agrees to design the foot- ing for any structures on Owner's property so that the footing and footing wall along the common property line will be capable of re- ceiving future fill to be placed on a grade corresponding with the present Broad Street sidewalk grade. 12. The parties further agree to provide over the property of each, to the other, sufficient access to allow convenient conclusion -3- � 1 `�,'�t� ;�.� ✓".�„i.A, *M �.'.' ^`.: Ati ``�y�.i �.i� . "'. "y N'�`y�. �/w ; � ^•.:. �� . �`X, r•�'��►b .! -✓; per � „L� R.:1 y� -.t� -e yl� ��'....'",... :+' `� . 5 of construction on the property of each, provided that no such ease- ment shall be valid for longer than six (6) months from the date that use of such easement begins, without the written consent of the owner of the servient tenement. 13. Owner and City will each pay one -half (1/2) the cost of preparing the minor subdivision survey and map which is required to obtain a lot split, except for any portion of such work performed by regular City.employee personnel. 14. City agrees to grant an easement to Owner across the Westerly 12 feet of the herein described property for use by Owner as a ser- vice access to Owner's contemplated structure to be located on Owner's remaining property on condition, however, that Owner shall improve the easement to a standard equivalent to the presently existing Mission Plaza concrete and tile walkways. 15. The parties agree not to use this agreement as evidence in any litigation concerning value of the subject property while title vests in the Owner. Negotiations underlying and preceding this agreement were undertaken as an alternative to acquisition of the subject properties by eminent domain proceedings. 16. Owner shall not encumber the property in any manner what- soever during the term of this agreement without the City's prior written consent. 17. Time is of the essence of this agreement. 18. Should any dispute arise from the parties hereto concerning any of the terms or provisions of this agreement and litigation arises therefrom, the successful party in such litigation shall be entitled to recover reasonable attorney's fees and court costs. -4- 4• 4 _ .yrn... v _ _ .�M,.+ .�t.!'` � � ^ate. -..r.� �:�- �nJM+e.r..r ..- .,�..- '..,"w.+ � wn.�,�'- ,,r 'v� � �w.y�. +. `r �. .J `t v ti ,.. .,{ :.. -?.• 3'd i IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day.and year above state. CITT OF SAN LUIS OBISPO By: . SCHWARTZ., Mayor ATTEST: i Fign CITY CLERK Approved as to form: Approved as to content: NENDT, MITCHELL., SI HEIMER, de la MOTTE & LILLEI� City Attorney ,l 1 City Administrative Officer By Allen - Grimes -5- L ..-�,y{.'W' .''IR .' . • ~ .. - �' �.� _°°k� ) � ✓t ••r,. rX "HS `nw. r� L �� a� ..- �wM'^., �- .h.�i._'� � 'trL.