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HomeMy WebLinkAboutResolution - 774 i� ,a I RESOLUTION NO® 774 2 A RESOLUTION AUTHORIZING THE SALE OF CERTAIN REAL PROPERTY PURSUANT TO THE AUTHORITY OF 3 SECTION 37350 OF THE GOVERNMENT CODE AND RE- VOKING RESOLUTIONS NUMBER 768 AND 771 OF THE 4 CITY OF' SAN JACINTO. 511 61 WHEREAS, by its Resolutions No. 768 and 771 the Council of the City of San Jacinto has declared its intention to sell certain real llproperty`hereinafter described, conducted a public bearing on said resolution of intention and by a unanimous vote of all five council® S men authorized the sale of said real property at the conclusion of said hearing on March 26 1968; and �3 lOWHEREAS, it has been called to the attention of the council ( that an alternative' authority exists for the sale of said real pro- � Iperty, by the provisions of Section 37350 of the Government Code 1,reading as follows e Ili A city may purchase, lease, receive, hold and enjoy real and personal property, and control and dispose 13 of it for the common benefit. 14 ' AND WHEREAS, it is the council 's desire to conduct the sale of the real ;property pursuant to the above cited authority rather than 151pursuant ;to the authority and proceedings in connection a,7ith Resolu- 16 tions Number 768 and Number 771 T ' �� the i Council of the City of 17 � NOW THEREFORE BE I RESOLVEy., ���, e City y iSan Jacinto, California, sitting in regular session this ' 2nd day of �$ April, 1968 as follows : 1i1 . Resolutions Number 768 and Number 771 are hereby revoked ;land made 'void. 201 2 . The mayor of this city, or in his absence, the mayor pro 21ltempore, together with the City Clerk are authorized and instructed to execute a deed to Howard E . Divine, as Trustee for most of the 22 property owners of Lots l through 5; inclusive, of Block 17, Town �iof San Jacinto as per the same map hereinafter described, or to the 23 !San Jacinto Parking Lot Association, a California corporation ,or 1such other corporation to be created or acquired for the purpose of holding title on behalf of said property owners as Howard E. Divine 24 shall designate, under the following terms of sale: 25 a. For the payment of $5=,000 .00 cash payable upon close i 26 of escrow, which shall close in thirty days . Standard title insurance' policy shall be provided at the expense of the City 27 of San Jacinto, showing title vested in purchasers free of all liens and encumbrances except the existing alley and those por- 28 tions of Sheriff and Fifth Streets . 29 b. The City shall be entitled to possession of said real property without liability for rent until the buildings (except 30 for the service station) located on Lots 6, 7, 8 and 9 of Block 17 are substantially removed or demolished or until September 31 1, 1969, whichever evert occurs sooner. Thereafter the City will reserve the right to lease said real property from the put 32 chaser for a term of five years at the annual rental of $500.00 payable in advance of each year, said term to commence upon the �zXi ONA .WIC KHAM ATT.., cYS AT LAW 4 163 E.MAIN STREET SAN JACINTO.CALIF. TELEPHONE l7141 S54-3251 '� i� } I termination of the city' s right to possess the land without 2 � liability for rent . The City shall have the option to termin ate said lease upon the giving of sixty day's written notice to H. E. 'Divine at 142 E . Main St . , San Jacinto, California of 3 the City' s intention to terminate the lease . Upon such termin- ation, the City's liability for rent shall cease and any por- 4 tions of rent prepaid for the unexpired term shall be refunded to the city pro rata to the period not used. The purchasers of shall have the right during the lease period to pave the unim- proved area of said real 'property for parking subject to the 6'I joint use of said area by the City and the purchasers . 7 3 . Said officers are authorized to deposit said conveyance in: ,escrow under the above-described conditions and they are hereby em- 81powered to execute escrow instructions with the United California CBank, as escrow, and to execute all other documents and papers nec 9 essa.ry to effect the closing of the sales transaction, including the lease agreement concerning said real property. 101 ll 4. The real property to be sold is described as follows : 11 l` ' Real, property in the County of Riverside, State of Cal- 2 ifornia,described .as follows : 131 Lot 10 in Block 17 of the Town of San Jacinto, as shown 14 by Map on' file "in Book 7 page 329 of Maps, San Diego County Records; 15 EXCEPTING therefrom the West 20 feet thereof. 16 Said property is also situated in the City of San Jac- 17 into. 5 ® The City Council finds and determines that the purchase 18lprice of $5,000 .00 is equal to or exceeds the fair market value of 19 ,the interest to be conveyed and the council further determines that it is in the best interest and convenience of ;the public ;and of the 20lresidents of the city of San Jacinto that the real property herein ;above described be ;sold for the reason that the parcel is too small 21 to be developed for long-term use by the city ;due to the lack of parking space, that it is located in a congested area near the main ,,shopping area of the city that is in desperate need of additional Ii,parking space, and that the best use of the lot is that it be devel- 23 oped as a parking lot . These reasons are stated in; greater detail lin ;paragraph A through F, inclusive, in alphabetical order in 'Reso- lution No. 768 which paragraphs are referred to and incorporated 24 herein as fully and completely as if set forth at length herein. 25 6 . The Director of Finance is directed to allocate the net 26 proceeds of the sale herein authorized to the Civic Center fund. 27 ADOPTED AND SIGNED this 2nd day of April, 1968' by the following vote: 28 AYES : Counclmen' Maughan, Stewart, Stevens, and Mayor Pierce 29 NOES: None 30 ABSENT: Councilman Hayhome 31 I ATTEST: ' ... ' i LGCY t1AY ALLEP1, CITY CLE„I. $211D4 r g Yy , 4 Mayor, City of San Jacinto my R K i; Deputy ONF WICKHAMl ATTo ..YS AT LAW 163 C.MAIN STREET SAN JACINTO,CALIF. 11 -2- TELEPHONE I CERTIFICATE 2 The foregoing is certified to be a true copy of Resolution No. 3 duly adopted by the said City Council of the City of San Jacinto on the date 4 therein set forth. 5 ZByi' ALLEN, CITY CLERK r7 g 90 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32