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HomeMy WebLinkAboutResolution No. 5450RESOLUTION NO. 5450 AUTHORIZING THE PURCHASE OF 6.6 ACRES OF OPEN SPACE, ERIKSEN PROPERTY (A.P.13-141-25) WHEREAS, the City of San Rafael adopted Ordinance No.1198, adding to the Municipal Code Title 19 entitled Open Space; and WHEREAS, on March 20, 1976, the San Rafael Planning Com- mission recommended the acquisition of certain real parcels of real estate designated as potential open space; and WHEREAS, that certain real property said to contain 6.6 acres and commonly referred to as Marin County Assessor's Parcel No. 13-141-25, hereafter referred to as "the property" is situ- ated at the end of Lynn Court, San Rafael, California, which is within an area designated potential open space; and WHEREAS, the property has been offered to the City for the sum of Thirty -Five Thousand Dollars ($35,000) as per agree- ment attached and referenced as "Exhibit A"; and WHEREAS, the public has had an opportunity to address the Council on this matter and all other relevant matters considered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: To accept the offer to acquire the property as per agree- ment attached and referenced as "Exhibit A" for the sum of Thirty - Five Thousand Dollars ($35,000). To authorize the Mayor to sign all necessary papers pur- suant to the acquisition thereof. I,JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regu- larly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 3rd day of April , 1978, by the following vote, to wit: AYES: COUNCILMEN: Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Jensen " �, A - dw_�' - J NNE M. LEONCINI, City Clerk �111111yjl ............. AGREEMENT OF SALE This Agreement of Sale ("Agreement" hereafter) is made as of this -�0 day of April, 1978, by and between the City of San Rafael, a municipal corporation ("Buyer" hereafter) and Jens C. Eriksen and Birgit Eriksen, his wife (hereinafter collectively called "Seller"). RFCT_TALS A. Seller presently owns that certain parcel of unimproved real property ("The Real Property" hereafter) which contains approxi- mately 6.6 acres, which is located in the City of San Rafael, State of California, and which is commonly known as Assessor's Parcel 13-141-25. B. Buyer and Seller each acknowledge and agree that the fair market value (as such phrase is defined in U.S. Treasury Regu- lations►.170A-l(c)(2)) of The Real Property is $45,000 as of the above written date of this Agreement. Seller is willing to sell The Real Property to Buyer, and Buyer is willing to purchase The Real Property from Seller, on a bargain sale basis, as such term is used in Section 170(c) of the United States Internal Revenue Code and Section 1.170-4 (c)(2)(iii) of the Regulations of the United States Treasury Department. Specifically, Seller is willing to make a charitable contribution to Buyer of $10,000 of The Real Property's fair market value, and to sell The Real Property to Buyer for an amount equal to the remaining $35,000 balance of the fair market value of The Real Property. C. The parties hereto enter into this Agreement for the pur- pose of evidencing Seller's above mentioned charitable contribution to Buyer and for the additional purpose of evidencing the terms and pro- visions of the sale of The Real Property. AC;RF RMFNT 1. Recitals. Buyer and Seller each acknowledge and agree that each of the recitals set forth above is true and correct. 2. Contribution. Seller hereby agrees to convey and grant to Buyer, at such time as is provided below and subject to all of the terms and provisions of this Agreement, an undivided ten - forty-fifths (10/45) interest in The Real Property as a charitable contribution pur- suant to the provisions of Section•170'of the United States Internal Revenue Code, and Buyer agrees to accept such charitable contribution so made. 3. Sale. Seller further hereby agrees to sell and grant an undivided thirty-five_- forty -.fifths (35/45) interest in The Real Property to Buyer, and Buyer hereby agrees to purchase such undivided interest from Seller, all in accordance with each and every one of the following terms and provisions of this Agreement, for a total purchase price of $35,000 payable in full and in cash on the date determined in accordance with the provisions of Paragraph 4., below, for the close of escrow. 4. Escrow. within ten days following the date on which this Agreement is executed by Seller, Seller agrees to cause an escrow ("Escrow" hereafter) to be opened with St. Paul Title, San Rafael, ("Escrow Agent" hereafter), and to request Escrow Agent to forward to Seller and to Buyer copies of a current preliminary title report. Escrow is to close on a date selected by Seller, provided Seller gives Buyer at least ten (10) days' written notice of such date and such date is no sooner than thirty (30) and no more than sixty (60) days following the date on which Seller executes this Aqreement. 5. Title. Title is to be free and clear of all liens, en- cumbrances, easements, restrictions, rights and conditions of record or known to Seller (hereinafter collectively referred to as "Encum- brances"), other than the following: liens securing current and fiscal year 1978-1979 real property taxes, and similar and dissimilar Encumbrances which do not materially and adversely_ affect the value of The Real Property. Seller agrees to and shall furnish to Buyer at Buyer's expense a standard California Land Title Association policy insuring title in Buyer, subject only to Encumbrances as set forth above and standard provisions of such CLTA policy. If Seller fails or is unable to deliver to Buyer title as herein provided, Buyer or Seller shall have the right to terminate this Agreement by written notice to the other party hereto, and upon the giving of such notice this Agreement shall be void and of no further force or effect. 6. Prorations. Current real property taxes shall be pro- rated as of the close of Escrow. The amount of any bond or assess- ment which is a lien shall be assumed by Buyer. Buyer shall pa�7 the cost of revenue stamps on the deed. 7. Possession. Possession shall be delivered to Buyer on the close of Escrow. 8. Effective Date. Buyer's execution of this Agreement constitutes an offer to Seller to accent the above-described chari- table contribution and to purchase The Meal Property. Unless each party Seller executes this Acreement and delivers a signed duplicate original of this Agreement to Buyer, either by personal delivery or by mail to the address shown below, within thirty (30) calendar days from the date the Buyer has executed this Agreement, this offer shall - 2 _ be deemed revoked and shall be of no further force or effect. In the event each party Seller executes this Agreement by the thirtieth (30th) calendar day following the date on which Buyer executes this Agreement, and this Agreement thereupon is personally delivered to Buyer or is mailed to Buyer by Sellers, then and in such event this Agreement shall become effective on such date as each party Seller hereto so executes it. 9. Deed. The parties hereto acknowledge and agree that, as above stated, The Real Property has a fair market value as of the above - written date of this Agreement of $45,000; that Seller pursuant: to this Agreement is to contribute an undivided ten - forty-fifths (10/45) in- terest in The Real Property to Buyer as a charitable contribution and is to sell the remaining thirty-five - forty-fifths (35/45) undivided interest in The Real Property to Buyer for $35,000 in cash, all as aforesaid. For the purpose of conveyancing convenience, however, the parties hereto acknowledge and agree that Seller shall deliver to Buyer, on the close of Escrow and in accordance with the terms and provisions of this Agreement, a single grant deed which conveys full fee simple title to Buyer subject to the encumbrances above mentioned. The parties hereto acknowledge and agree that conveyance by such a grant deed is for the purpose of convenience only, and is not to be construed or regarded as an act inconsistent with the "bargain sale" reality of this Agreement. 10. Time. Time is of the essence of this Agreement. 11. Applicable Law. The parties hereto acknowledge and agree that in the event any matter arising from this Agreement is litigated that the laws of the State of California shall be applicable choice of law. Dated: April 3 , 1978 CITY OF SAN RAF.AEL Attest: A. JEAADIE M. LEONCINI, City Clerk Approved as to Form: HARRY A. CONNICK, City Attorney 40P A4��? *�g� By &401 C. PAUL BETTI%ff, Mayor - 3 -- ACCEPTANCE The undersigned Seller accents the foregoing offer and agrees to sell The Real Property on the terms and conditions therein set forth. The undersigned Seller has emploved Frank Howard Allen & Co. ("Broker" hereafter) and .for Broker's services agrees to nay Broker, as a commission, the sum of $ 2350.00 from and on the close of Escrow. Seller hereby acknowledges receipt of a copy hereof and authorizes Broker to deliver a signed coDv of it to Buyer. Dated: April 30 , 1978 Dated: April 30 , 1978 f JFNS C. ERIKSEN BIRGIT ERIKSEN Lundemosen 12,5450 Otterup Denmark BROKER ACCEPTANCE Frank Howard Allen & Co. hereby agrees to accept from Seller, from and on the close of Escrow, the sum of $ 2350.00 as and for a real estate commission, and acknowledges and agrees that it has no other sim- ilar or dissimilar claim for commission or otherwise with respect to the transaction evidenced by the foregoing Agreement. J* d r� Dated: April , 1978 FRANK HOWARD ALLEN & CO. By 1 M,_