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HomeMy WebLinkAboutReso - CC - 058-1964JEL:jw 320 RESOLUTION NO. -gib A RESOLUTION AUTHORIZING SETTLEMENT OF PARCEL(S) lK PARKING DISTRICT NO. 1 RESOLVED, by the City Council of the City of Burlingame, California, that John E. Lynch of the law firm of Wilson, Harzfeld, Jones & Morton, who, along with the City Attorney of the City of Burlingame, are attorneys of record for the City of Burlingame, in that certain action entitled, "CITY OF BURLINGAME v. ELSIE E. BARDET, et al," Action No. 103119, in the Superior Court of the State of California, in and for the County of San Mateo, California, be, and he is, hereby authorized and directed to accept, in behalf of said City, the offer to sell, a conformed copy of which is attached hereto, and by this reference incorporated herein, heretofore submitted by the owner(s) of Parcel(s) 1K , as more particularly described in said offer, and to close said trans- action in accordance with the terms and procedures set forth in said offer. IT IS FURTHER RESOLVED, that the City Clerk is authorized and hereby directed to draw his warrant forthwith in the sum of $197,500.00 , payable to the Burlingame office of the TITLE INSURANCE AND TRUST COMPANY, and deliver said warrant to said John E. Lynch, 630 North San Mateo Drive, San Mateo, California. PASSED AND ADOPTED by the following vote this 2(lth day of April , 1964. AYES, Councilmen:Crosby-Diederichsen-George-Johnson-Martin. 1. NOES, Councilmen: None ABSENT, Councilmen: None APPROVED: Mayor ATTEST: This is to certify that the above and foregoing is a true and correct copy of Resolution No. 58-64 passed and adopted by the City Council on April 20 , 1964. HERBERT K. WHITE, CITY CLERK JzL a jw 320AX and 1 2 3 4 5 6 7 8 9 10 11 12 13 > 14 m � Q N ❑ Z N � m W ❑ N 15 Q J Z i Q o Z ❑ I 16 Q W OW ❑ _ m F. Z o 17 ❑ Z Z Z Q w ❑ N W m m 18 m � 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WILSON, HARZFELD p JONES a NOWON P. 0. Box 152 630 North San Mateo Drive Mateo, California Telephone: 342-3523 Attorneys for Plaintiff. IN THE SUPERIOR COURT OF TXh STATE: "'S' n T1FORN` IN AND FOR THE COUNTY OF SAN NWT CITY OF .3UALIWAMB, a Munlelpal Corporation, s Plaint iff 3 V. Ys. BARDBT, NICHOLAS A. CUWX and ANNA CRISAFI, et al, Y Defendants NO. 103119 OFFBR TO SELL (Paroele lK & 2K) For and in consideration of the sues of $1.00s receipt of whic b is hereby acknowledged, the undersigned suffer to sell to the City or Burlingame, a municipal corporation, that Berta real property situate in the City of Burlinguie, Count; of San Kate*, State of California, szd more particularly described as follows $ Parcel (PAEML 0 Lot 10A. Block 1, as designated on the m$p entitled "SW,PLSAWARY W NO. 1 TO SUPPLSMATAIff W TO W NO. 1 OF THE TOWN CIF BURLIl AIE, SAN MATED COUNTY, CALIVO IA," which OW was filed in the office of the Recorder of the State of Wifornia on January 20, 1946 in Book "C" of laps at page PI and a copy entered in Book 4 or Maps at pass 6. Mel -AN (PAS Two) Part 3- 6r Lot 9, Block 1, _ice OWNTIRMWO Uri tm OW entitled "SUPPL"e M&NTAL MAP TO NAP NO. 1 OF THE TOWN OF BURLINGANi WA MA'TLO COUNTY, CALIFORNIA:," which map was filed in the office of the Recorder of the County, of San Mated, State of California on August 10, 1905 in Book "B" of Maps at page 28 and a copy entered in Book 3 of Maps at page 71, more particularly deser�L. Q 1 as follows: 2 COMMUCING at a point in the northerly line of the alai County road leading from San Francisco to San doses, distant 3 thereon 145 feet southeasterly from the intorsecation of the main, Core Road with Burlingame Avenue] thence running northeasterly 4 " parallel with said Burlingame Avenue, 161 feet 7 inohess thence at right angles southeasterly 62 feet 2 inches; thence 5 southerly 107 feet 10 inches, the save being along the westerl,. line of Lot 10P Block 1, as shores on the map above mentioned, 6 said westerly line of Legit 10 being the dividing line between Lots 9 and 10 of said Block 1, to the main County Roadj thence 7 northwesterly along the northerly line of the gain County Roe,' 135 feet to the point of beginning. 8 Also being Lot 9E of Subdivision of said Lot 9. 9 PAACUL MME 10 Portion of Lot 9, Black 1 as deeignated can the map entitled "SUPPL&IMNTAL MAP TO PAP N0. 1 OF TU TOWS OF BU LI A : 11 SAN FAT60 COUM, CALIFORNIA*" which map was filed in the office of the Recorder of the county of San Mateo, Mate of California 12 on August 10, 1905 in Book "S" of maps at page 28 and a► copy entered in Book 3 of maps at page 71, more particularly desscribeC, 13 as follows; 14 COMMMCING at a point formed by the j unct iron of the westerly and northerly line of Lot 10, Block 1, as shown on the 15 above meent ionesd $ said westerly line being the dividing line be e+en Late 9 and 10 of said Block l; running thence from said 16 Junction southerly, along the westerly lithe of said Lot 10, 57 feet 10 inabsel running then** northwesterly and ,parallel with 17 the northeasterly line of Lot 9, Block 1, westerly and parallel with the northeasterly line of Lot 9, Block 1, 62 feet 2 inches; 18 running thence at right aftles northeasterly and parallel with the southeasterly line of Burlingame Avenue,, 50 feet; thence at 19 right angles southeasterly, along the northeasterly line of Lot 9, 33 feet to the paint of commencement. 20 Being part of promUes conveyed to Laura T. Cunn n,,,. by Walter Andersen„ by Doed dated April 12, 1906 and recorded 21 April 14, 1906 in Boer 129 of Deeds at page 116, Records of San Nateo County. 22 23 The purchase price shall be the sum of $197,500.00- 24 Title to said parcel shall be delivered free and dear of all 25 liek�s and encumbrances of ever nature with the exception of 26 easements for public utility purposes. The purchase price shall 27 be delivered into eesorow, with the appropriate escrow instruc- 28 tiam consistent with the terms of this offer, within 20 days 29 after acceptance of this offer, This offer shall be irrevoca `., 30 for a period of 45 days City shall bear cost of escrow, if any, 31 and policy of title insurance Real property taxes shall be 32 pro rated as of the date of closure of eso row . Exclusive posses- 2. W > I o Z W O f Q I Zrj Q 0 I N W 1 I = Q I IY Z Z Q O N N N I 1 sion shall be delivered to City at or before lose of escrow 2 Dated t April 17 I . 3 HUM" 4 Nichol" A. CrIWI 5 tm gwaa 6 nn& 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WILSON, HABZFELD, STONES & MOATON ATTORNEYS AND COUNSELLORS AT LAW 630 NORTH SAN MATEO DRIVE ERNEST A. WILSON ARTHUR J. HARZFELD P. 0, BOX IS2 KENNETH I. JONES JAMES T. MORTON SAN MATEO, CALIFORNIA - DIAMOND 2-3523 JOHN E. LYNCH PHILIP D. ASSAF HAROLD N. BLAKE SH ERRODY L. ELLIGDAVIS P EGGY L. MTELLIGOTT April 17, 1964 JOHN H. HOLTOM RICHARD G. RANDOLPH NORMAN W. KAVANAUGH Mr, Charles F. Schwalm City Manager City Hall Burlingame, California CHARLES N. KIRKBRIDE 1894 -1911 KIRKBRIDE 8 GORDON (JOSEPH B. GORDON) 1911-1929 KIRKBRIDE 9 WILSON 1929 -1947 KIRKBRIDE,WILSON,HARZFELD 8 WALLACE 1947-1961 OF COUNSEL JAMES M. WALLACE 320/1K,2K HE: City of Burlingame v. Bardet, et al (Parcels 1K and 2K - Crisafi) Dear Charlie: We have secured an offer to sell Parcels 1K and 2K, owned by Nicholas A and Anna Crisafi, for the sum of $197,500. Value is fixed by the City's appraiser, Frank Rochex, on Parcel 1K at$122,200, and on Parcel 2K at $65,500, for a total of $187,700. An analysis of the appraisal reflects that the appraiser fixed value on the 12.504 square feet of Parcel lK at $4.00 per square foot. On the other hand, value was fixed on the adjacent property, namely, Parcel 2K, compris- ing 14,593 square feet, at $4.28 per square foot. The controlling sale fixing value on the subject properties was that of Danielson to Moscowitz, on March 22, 1962, immediate- ly across the street, which sold at $4.34 a square foot. The figure of $4.28 per square foot, on Parcel 2K, is directly in line with this sale. Obviously, however, the $4.00 per square foot figure for Parcel lK is not supportable. It would be impossible in the courtroom to support a $4.00 figure on property lying immediately adja- cent to another property that was appraised at $4.28 per square foot. Mr. Charles F . 'Z�chwalm April 17, 1964 Page 2 If the ap raisal for Parcel 1K is increased by 1.28, it would add 3,500 to the appraisal figure of 187,700, for a total figure of $191,200. On the basis of the only defensible fi ure in court, the proposed settlement in the sum of 197,500 is within three per cent (3%) thereof. It should also be noted that if the gross income multiplier deducible from sales in the area were used as indicative of market value, it would add approximately $7,600 to the $191,200 figure. This approach to value is a recognized appraisal technique and is, in fact, shown in the appraisal. It is our belief that the proposed settlement figure is one which could not be better in court, and, accordingly, authority is requested to effect a settlement in accordance therewith. A resolution to that end is enclosed. Thank you for your courtesy in this matter. JEL:jw Encls. cc: Burress Wilsey, ......Verb truly for WILSON, HARZFELD, yours, JONES & MORTON Karmel, Esq.(With cc encl.) Ham & Blair CUTHBERT B. CURRIE CHESTER W. LEBSACK FRANK L. HANNIG GERALD B. FERRARI LAW OFFICES CURRI E, LEBSACK, HAN N IG & FERRARI 5 2 5 M A R S H A L L STREET POST OFFICE BOX 30 REDWOOD CITY, CALIFORNIA.24064 April 1, 1964 Mr. John E. Lynch, Attorney at Law Wilson, Harzf.eld, Jones & Morton 630 North San Mateo Drive - P.O. Box.152 San Mateo, California Re: City of Burlingame v. Bardet, et al (Parcel lK - Crisafi) Dear John: AREA CODE 41S TELEPHONE 366-6411 Enclosed you will find original offer to sell which has been executed by Mr. and Mrs. Crisafi. This is delivered to you with the understanding that they will be given a reasonable time to remove all personal property, including furniture, drapes and carpeting. Mr. Crisafi advises me that there are no leases and everyone is on a month to month basis. We would, of course, want to know as soon as pos- sible when the offer is accepted so that we can give as much notice as possible to the tenants. I should appreciate your advising me in this matter at your earliest convenience. CBC: AB Enclosure Yours very truly, 0 y ED APR 2 '�964