HomeMy WebLinkAboutReso - CC - 058-1964JEL:jw
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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
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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.
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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.
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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
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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