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HomeMy WebLinkAbout1539 M1 . 411 RESOLUTION NO. 1539 A RESOLUTION ACCEPTING PROPOSAL AND ORDERING SALE OF REAL PROPERTY, DIRECTING PAYMENT OF REAL ESTATE COMMISSION, AUTHORIZING EXECUTION AND DELIVERY OF DEED, AND ACCEPTING DEED OF TRUST AND AUTHORIZING RECORDATION THEREOF CONCERNING LOT 3, TRACT NO. 7187 , MATADERO CREEK SUBDIVISION 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 proposal to purchase Lot 3 and to pay the amount of $237 ,500. 00 therefor subject to the City Council approving the proposed financing of payment of the unpaid balance of the purchase price prior to the close of escrow, and subject to the terms and conditions contained in that certain "Real Estate Purchase Contract and Receipt for Deposit" dated March 23 , 1983 , and Addendum dated March 22 , 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 proposal. 111 I 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. 4. The Note for the unpaid balance of the purchase price of Lot 3 executed by Richard K. Ellinger and Linda C. Ellinger, together with the Deed of Trust in which the above-named buyers are named as Trustor and the City is named as Beneficiary, be and each of them is hereby accepted, and the City Clerk of the City be, and she hereby is directed and ordered to cause said Deed of Trust to be recorded in the Office of the Recorder of the County of Santa Clara, State of California. REGULARLY passed and adopted this 24th day of March, 1983 . By ATTEST: Mayor City Clerk -2- 7