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RESOLUTION NO. 1540
A RESOLUTION ACCEPTING PROPOSAL AND ORDERING SALE OF
REAL PROPERTY, DIRECTING PAYMENT OF REAL ESTATE COMMISSION,
AUTHORIZING EXECUTION AND DELIVERY OF DEED, AND ACCEPTING
COVENANT AND AUTHORIZING RECORDATION THEREOF CONCERNING LOT
3 , TRACT NO. 7187 , MATADERO CREEK SUBDIVISION, AND REPEALING
RESOLUTION NO. 1539
RESOLVED, by the City Council of the City of the Town of Los
Altos Hills, County of Santa Clara, State of California, that
WHEREAS, the City of the Town of Los Altos Hills (herein called
"CITY") is the owner of certain real property described as Matadero
Creek Subdivision, namely:
TRACT NO. 7187 , being a portion of Lots 1 and 2 of
that part of the Rancho Purissima Concepcion, parti-
tioned for Juana Briones, W. Matthews, R. F. Budges
and T. B. Bishop, recorded in Book "A" of Maps, at
Page 21 , Santa Clara County Records,
and consisting of Lots 1 to 20 , inclusive; and
WHEREAS, Richard K. Ellinger and Linda C. Ellinger have submitted
a revised proposal to purchase Lot 3 and to pay the amount of
$225 ,000. 00 therefor subject to the terms and conditions contained in
that certain "Real Estate Purchase Contract and Receipt for Deposit"
dated March 23 , 1983 , Addendum dated March 22 , 1983 , and as amended
by Addendum to Purchase Agreement dated April 3, 1983, and approved on
April 6 , 1983,
NOW, THEREFORE, IT IS FOUND, ORDERED AND DETERMINED as follows:
1. The City Council hereby accepts the proposal described above'
and orders the sale of Lot 3 to Richard K. Ellinger and Linda C.
Ellinger for the purchase price stated in the Addendum to Purchase
Agreement dated April 3, 1983 .
• •
2. The City Council further orders that the land title company
with whom an escrow concerning the sale of Lot 3 is opened shall be
instructed to pay out of the funds of Richard K. Ellinger and Linda
C. Ellinger deposited in escrow a real estate commission in an amount
equal to six (6) percent of the selling price in accordance with the
Agreement dated September 1, 1982 , between the City of the Town of Los
Altos Hills and Fox. & Carskadon, Inc. a corporation.
3. The City of the Town of Los Altos Hills shall enter into and
the Mayor and City Clerk thereof be, and they and each of them hereby
is authorized and directed on behalf of said City, respectively, to
execute and attest a Deed wherein Lot 3 is conveyed to Richard K.
Ellinger and Linda C. Ellinger, and to deliver the Deed in accordance
with the terms and provisions of the proposal, as amended.
4. The "Covenant Prohibiting Further Subdivision of Lot No. 3"
executed by Richard K. Ellinger and Linda C. Ellinger be, and it is
hereby accepted, and the City Clerk of the City be, and she hereby is
directed and ordered to cause said Covenant to be recorded in the
Office of the Recorder of the County of Santa Clara, State of California.
5. Resolution No. 1539 adopted by the City Council on March 24,
1983 , be and the same hereby is repealed and annulled.
REGULARLY passed and adopted this 6th day of April, 1983.
ATTEST: By . .
Mayor
City Clerk
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