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Home My WebLink AboutR-8918 Reacquisition of Property Adjoining the Laguna Lake Golf Coursei\ RESOLIITION NO. 8918 (1999 Seriul A RESOLUTION OF TIIE CITY COT]NCIL OF TIIE CITY OF SAN LTIIS OBISPO APROVING A REACQTIISITION OF A PROPERTY ADJOINING TIM LAGI.INA LAKE GOLF COTJRSE WHEREAS, a portion of the Laguna Lake Golf Course property was sold to the Congregational Church - United Church of Christ in 1995; and WHEREAS, the property was to be used for a building to house a Senior Day Care Program known as AdCARE; and WHEREAS, the Congregational Church is not able to construct that building; and WHEREAS, it is advantageous from a golf course operations perspective to reacquire that property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo that: SECTION 1. The reacquisition of this property is approved. SECTION 2. The Mayor is authorized to sign the purchase and sale agreement. Council Member motion of .Schwartz Council Member Marxseconded by and on the following roll call vote: AyES: Council Members Ewan, Marx, Schwartz, and Vice Mayor Romero NOES: None ABSENT: Mayor Settle the foregoing resolution was adopted this 6th day of April ,1999 Vice Mayor Dave Romero Upon Lee Price, A APPROVED Attorney R8918 62 KW/Y Page l- Escrow No. 250421 -so I.EGAI-, DESCRIPTION EXHIBIT That portion of Lot 59 of Stratt.on's Subdivision of the Ranchos Canada de Los osos and La Laguna, in the County of San Luis Obispo, State of California, as shown in Book A of Record Maps at pages 83 and 84, record.ed in the office of the San Luis Obispo County gecorder, described as follows: Beginning at a L tfz" lron pipe and tag, L.S. 3982, on the Southwesterly line anddistant 49 fL. from the Westerly corner of Parce1 A, as shown in Book 20 of parcel Maps at page 7j-, being THE TRUE POINT OF BEGINNING,. thence, at right angles to thesaid Southwesterly line, South 45 degrees 59 minutes 25 seconds West, a distance of65 ft.; thence, along a line paraller to and 65 ft. southwesterry of the Southwesterly line of Parcel A, South 44 degrees O0 minutes 35 seconds East,. adistance of 130 ft.; thence, along a line at right angles to the Southwesterly lineof Parcel A, North 45 degrees 59 minutes 25 seconds East, a d.istance of 65 ft.,.thence, NorthwesLerly along the Southwesterly line of Parcel A, North 44 degrees 00minutes 35 seconds west, a distance of 130 ft. to the TRUE porNT oF BEGTNNTNG. i DEEDLEGL-08/0s/94bk ! ii #\ I RECORDING REQUESTED BY CITY OF SAI{ LUIS OBISPO WHEN RECORDED MAII TO: City of San Luis Obispo Attn: PauI LeSage 1341 Nipouro Street San Luis Obispo, eA 93401 \\o q-""*) $Q-'s f'r:r'- \-"t) . *, $.\.r o?)25[zf APN: PI'RCIIASE ATiID SAIJE AGREEMEI{IT v THIS PURCHASE AND SALE AGREEMENT constitutes an agreement by which THE CONGREGATIONAL CHURCH-UNITED CHURCH OF CHRIST, A Not For Profit California Corporation ("Se11er") agrees to se1I, and the CITY OF SAN LUIS OBISPO a chartered municipal corporation of the State of California("Buyer"), agrees t.o purchase that, certain real property ( " Property" ) 1ega1Iy described in t.he at.t.ached Exhibit. rrArr, which is incorporated herein as though fu11y set forth. The terms and conditions of this Agreement are as foll-ows: 1. Purchase and SaIe. SelLer agrees to sell to Buyer, and Buyer agrees to purchase from Seller, Lhe Property upon the terms and conditions herein set forth. 2. Purchase Price. The purchase price of the Property is Twenty Thousand Dollars ($20, 000.00) . 3. Pawment of Purchase Price. Buyer shall pay the purchase price in ful1 upon the transfer of the Property as specified in this AgreemenL. t_ -t ) 4. Lot Line Adjustment. The Buyer shall provide al-1 necessary 1egaI descriptions to be included in the deed, and a lot line adjustment j-f necessary. 5 . Conditions of Titl-e. Fee simple absolute title t.o this Property sha1l be conveyed by Seller to Buyer by grant deed in substantially the form set forth in Exhibit rrBrr to be fully executed and acknowledged by Seller subject only to the following conditions of title: A. Mat.ters affecting the Conditions of Title created by, or with the writLen consent of Buyer. B. Prior to Lransf er of the Property, Sel-l-er shal1 deliver to Buyer a Preliminary Title Report evincing the willingness of a Title insurer to provide a policy of title insurance (C.1,.T.A. or equivalent) in the amount of the purchase price showing title t.o t.he Property vested in Buyer. 6. Cost.s and Expenses. The cost and expense of the title report and insurance policy to be issued in favor of the Buyer as in paragraph 5 (B) above, shalI be paid by Buyer. Recording fees shall be born by the Buyer. 7. Notices. A11 notices or other communication required or permitted shal1 be in writing, and will be personally delivered or sent by registered or certified mail, postage prepaid, reLurn receipt requested, at the following addresses: z Seller:The Congregational Church - United Church of ChristAttn: Moderator LL245 l-ros Osos Val1ey Road San Luis Obispo, CA 93405 Buyer:City of San Luis ObispoAttn: Paul LeSage 1,341 Nipomo Street San Luis Obispo, CA 93401 Notice shal1 be deemed given as of t,he time of personal delivery or forty-eight (48) hours following deposit in the United States mail. Notice of change of address shal-l be given by written notice. 8. Se1Ier's Representations and Warranties. A. In addition to any express agreements of SeIIer contained herein, the following constitute represent.ations and warranties of Se]ler which shall be true and correct as of the transfer of t.itIe (and t.he truth and accuracy of which shall constitute a condition to the Buyer accepting the transfer of title) : (1) There are no actions, suits, claims, 1ega1 proceedings or any other proceedings affecting the Property or any portj-on thereof .at law or in equity before any Court or governmental- agency, domestic or foreign. (2) Seller has not received any- not j-ces f rom governmental authorities pertaining t.o violations of law or governmental regulations with respect to the Property. 3 (3) Sel1er has no knowledge of any pending or threat.ened proceeding in eminent domain or otherwise by any public entity which would affect the Property, or any portion thereof, nor does Seller know the existence of any fact.s which might give rise to such action or proceedings. (4) There are no liens or encumbrances on or claims to, or covenants, conditions and restrictions, easements, rights of wdy, rights of first refusal-, options to purchase, or other matLers affecting t.he Property except those previously discl-osed and any rights conferred to Buyer by this Agreement. (5) There is no material adverse fact or condition relating to the Property, or any portion thereof (including the existence of any underground tanks or pipelines, or hazardous materj-a1), of which the SeI1er is aware. The Buyer agrees to accept the Property in its exist.ing condition. (6) Seller has the IegaI power, right and authority to enter int.o this Agreement, and to consummate the transaction contemplated hereby. (7) There are no fixtures on the property in which anyone other than Sell-er has any cIaim, rights, ot security or other inLerest. (8) There are no service or maintenance conLracts, management agreements or any other agreements which wi11 affect Buyer or the Property subsequent to the transfer of title. 4 (9) In the event that, during the period between the execution of this Agreement, and the transfer of title, Seller has actual knowledge of, l-earns of, or has a reason to believe t.hat any of the above representations or warranties may cease to be true, Seller hereby covenants to immediat.ely give not.ice to Buyer of t,he change in circumstances. Upon Sel-ler notifying Buyer of the change in cj-rcumstances, Buyer may terminate this Agreement, and all funds delivered to Se1ler in connection hereby shal-l be immediately returned. 9. Use of Property. Buyer shall process a zone change (from R3 to PF) for the Property at its own cost, and use the propert,y for municipal purposes. 10. Survival of Conditions. The covenants, agreements, representations and warranties made in this agreement shal1 survive the recordation and delivery of the Grant Deed conveyj-ng the Property to Buyer. 1-1. Successors and Assiqns. This Agreement shal1 be binding upon, and sha1l inure to the benefit of, the successors, heirs, and assigns of the parties hereto. L2. Required Action of Buyer and Se11er. Buyer and Sel1er agree to execute al-l such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use t.heir best. efforts to accomplish t.he timely Transfer of Tit.Ie in accordance with the provisions hereof. 5 ) 13. Entire Aqreement. This Agreement contains the entire agreement bet.ween the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. 14. Recorded. It is the intention of t.he parties that this Agreement. shall be recorded. l-5. Approvals. Whenever an approval is required under this Agreement, such approval shall be construed as "reasonable approval. " rN WTTNESS WHEREOF, the Agreement on this -6-!lt day of BIIYER CITY OF SAN ],U]S OBTSPO By:ce Mayor Romero ATTE City APPROVED AS TO FORM: t o hereto have executed this , L999. parties April SELLER LOS OSOS VAL],EY ROAD CONGREGATIONAL UN]TED CHURCH OF CHRIST By 6