HomeMy WebLinkAboutR-6126 148-182 Higuera Encumbrance ApprovalRESOLUTION NO. 6126 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN ENCUMBRANCE ON THE PROPERTY LOCATED
AT 148 -182 HIGUERA STREET, SUBJECT TO CONDITIONS
WHEREAS, the City has entered into an agreement with members of the
Evans family to purchase the property located at 148 -182 Higuera Street
(the "property ") for purposes of widening Higuera Street with escrow to
close January 15, 1987; and
WHEREAS, the agreement between the City and the Evans family prohibits
any encumbrances on the property without the prior written consent of the
City; and
WHEREAS, Lorraine Evans, one of the owners of the property, desires to
sell her interest in the property to one of the other owners, prior to the
end of 1986 in return for a deed of trust in the amount of $245,000; and
WHEREAS, the deed of trust will be removed prior to the close of
escrow with the City of San Luis Obispo.
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The property located at 148 -182 Higuera Street may be
encumbered by a deed of trust in favor of Lorraine Evans in the amount of
$245,000, contingent upon the owners of said property agreeing in writing:
A. That the trust deed will be removed prior to the close of escrow
with the City of San Luis Obispo; and
B. That the Council's approval of this encumbrance shall not be
deemed to be a matter "... affecting the Conditions of Title created by or
with the written consent of Buyer" as set forth in paragraph 4 of the
Purchase and Sale Agreement between the City and Lorraine Evans and the
Estate of Gerald B. Evans.
R 6126
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C. To any other condition deemed necessary by the City Attorney.
SECTION 2. The City Clerk shall furnish a copy of this resolution
to: City Attorney and Clifford B. Evans, Evans Brokerage Company, 1319
Marsh Street, P. 0. Box 806, San Luis Obispo, CA 93406.
On motion of Councilman Settle seconded by Councilwoman
Rappa and on the following roll
call vote:
AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 2nd day
of December , 1986.
RON DUNIN
ATTE
CI CLERK PAMELA V S
s * * * * * * * * * s
APPROVED:
Citv Administrative Officer
City A