HomeMy WebLinkAboutReso - CC - 048-1954RESOLUTION NO. 48-54
ORDERING SALE TO SAFEWAY STORES, INCORPORATED,
A CORPORATION, OF THE REAL PROPERTY PARTICULARLY
DESCRIBED IN THIS RESOLUTION, FIXING THE TERMS
AND CONDITIONS OF SALE, AUTHORIZING THE EXECUTION
AND DELIVERY OF A DEED SUBJECT TO SAID TERMS AND
CONDITIONS, AND AUTHORIZING THE EXECUTION OF A
WRITTEN AGREEMENT WITH THE AMERICAN TRUST COMPANY,
A CORPORATION
WHEREAS, the City of Burlingame is the owner of certain
unimproved real property situated in the City of Burlingame,
County of San Mateo, State of California, hereinafter more
particularly described; and
WHEREAS, said unimproved real property is a portion of a
parcel of real property acquired from the American Trust Company,
a corporation, by deed dated the 3rd day of May, 1950, and
recorded in the Office of the County Recorder of the County of
San Mateo, on the loth day of May, 1950, in Volume 1855 of
Official Records at Page 18; and
WHEREAS, said deed conveys all of said real property,
including the part thereof hereinafter more particularly described,
to the City of Burlingame upon the express condition that it shall
be used and maintained without cost to the American Trust Company
for the purpose of public off-street vehicle parking and upon the
further express condition that in the event said real property,
or any part thereof, is not so used and maintained, or shall cease
to be used and maintained for said purpose for a period of
thirty (30) consecutive days, then, and in those events, said
property and each and every part thereof, the title thereto, and
the right to possession thereof, shall revert to the American
Trust Company, a corporation, its successors, or assigns, upon
the payment to the City of Burlingame of the sum of vP12,084.00
lawful money of the United States of America, without interest; and
WHEREAS, said City Council has caused that part of said
real property hereinafter more particularly described to be
appraised by competent appraisers; and
WHEREAS, said appraisers have, by written appraisal here-
tofore filed with the City Clerk of the City of Burlingame,
appraised said parcel of real property in the sum of $3,125.00,
which said sum the City Council deems to be an adequate, reason-
able and fair market value of said appraised parcel of real
property; and
WHEREAS, Safeway Stores, Incorporated, a corporation, has
offered in writing to purcnase said appraised parcel of real
property for the sum of 43,125.00 and has deposited the sum of
4312.50 on account of said purchase price with the City Clerk; and
WHEREAS, the City Council of the City of Burlingame
desires to accept said offer and to sell said appraised parcel of
real property to Safeway Stores, Incorporated, a corporation; and
WHEREAS, the American Trust Company, a corporation, by
and through its officers, has consented to the sale of said
parcel of real property to Safeway Stores, Incorporated, and is
willing to waive or surrender any condition, limitation or right
of reversion which may attach to said appraised real property by
virtue of said deed, upon condition that the remainder of the
real property conveyed to the City of Burlingame by the deed
hereinabove identified continue to be used and maintained for the
purpose of public offstreet vehicle parking and upon the further
condition that said American Trust Company, its successors and
assigns shall pay to the City of Burlingame the sum of w8,959.00
instead of w12,084.00, the amount prescribed in the deed to the
City of Burlingame, upon the exercise of the right of reversion
therein retained by the American Trust Company, a corporation;
and
WHEREAS, the City Council finds it to be for the common
benefit of the City of Burlingame and the residents and taxpayers
thereof, and public interest and convenience require the sale of
said appraised parcel of real property to Safeway Stores,
Incorporated, a corporation, upon the terms and conditions herein-
after set forth;
NOW, THEREFOR., IT IS HEREBY RESOLVED AND ORDERED that the
public interest and convenience and a due regard for the common
benefit of the City of Burlingame, its residents and taxpayers,
require that the offer of Safeway Stores, Incorporated, a corpora-
tion, to purchase said appraised parcel of real property for the
sum of 43,125.00 be accepted;
IT IS FURTHER RESOLVED AND ORDERED that said sale be made
pursuant to the provisions of Section 37350 of the Government Code
of the State of California;
IT IS FURTHER RESOLVED AND ORDERED that a conveyance of
said appraised parcel of real property be executed and delivered
to the purchaser upon the payment of the balance of said sum of
43,125.00 in cash, and that the Mayor be and he is hereby
authorized for and on behalf of the City Council to execute and
deliver the deed;
IT IS FURTHER RESOLVED AND ORDERED that the execution and
delivery of said deed be upon the condition that the costs of
appraisal, escrow fees, recording costs and all other expenses
incidental to said sale be paid by the purchaser and that the
purchase price of 93,125.00 be net to the City of Burlingame and
that the execution and delivery of said deed be also conditioned
upon the execution of a separate written agreement by and with the
American 'Trust Company, a corporation, as provided for in the
paragraph next ensuing;
IT IS FURTHER RESOLVED AND ORDERED that the Mayor be and
he is hereby authorized for and on behalf of the City Council to
enter into any written agreement with the American Trust Company,
a corporation, which may be necessary, convenient or proper to
carry out and implement the agreement that the American 'Trust
Company shallr etain its reversionary right as to the remainder
of the real property acquired by the deed described in this
Resolution upon payment to the City of the sum of 0 ,959.00
instead of 412,084.00.
The real property herein referred to and which is hereby
ordered to be sold is situated in the City of Burlingame, County
of San Mateo, State of California, and described as follows:
"BEGINNING at the most northerly corner of Lot 11A,
Block 1, as said lot and block are shown on that
certain map entitled "SUPPLEMENTARY MAP No. 1 TO
SUPPLEMENTARY MAP TO MAP NO. 1 OF 'DOWN OF
BURLING9ME," which was filed for record January 20,
1906 in Volume C of Maps at page 21, and a certified
copy thereof recorded in Volume 4 of Maps at page 6,
Records of San Mateo County, California; thence
from said POINT OF BEGINNING along the northerly
line of said Parcel 11-A, South 790 35' West 50.58
feet to its intersection with the easterly boundary
line of a 20 foot wide alley as said alley is shown
on above described map; thence along said easterly
boundary line, North 1° 26' West 67.30 feet; thence
South 410 30' East 77.62 feet returning to the
POINT OF BEGINNING."
62?)ece' a �e
H. Kent Htwater
Mayor
I. Herbert K. White, City Clerk, do hereby certify that
the foregoing Resolution was introduced at a regular meeting of
the City Council held on the 2nd day of August, 1954, and
adopted thereafter by the following vote:
AYES: COUNCILMEN: ATWATER-LOVE-MORGAN-ROOTH
NOES: COUNCILMEN: NONE
ABSENT COUNCILMEN: BYRD
Herbert K. White
City Clerk