HomeMy WebLinkAboutAgr 1972-12-22 (McGowan Belveron Mini Park) (2) A G R � E M E N T
This is an agreement made December 22nd , 1972, at Tiburon,
Calif ornia, between the CITY OF TI�URON, a municipal corpora�ion,
hereafter the City, and WIL�UR J. MC GOWAN and JUN� N� MC GOWAN,
hereafter Sellers .
RE C ITALS
l, Sellers are the owners o� certain unimproved real property.
located in the City of Tiburon, commonly known as Assessor' s Parcel
No. 34-252-02 , which said property is more particularly described in
Exhibit A attached heretos
2 . Sellers wish to se.11 to City, and City wishes to purchase
from Sellers , the said. real property,
AGRE�MENT
1. City hereby agrees to pay to Sellers �he sum of $2, 500.00
lawful money o� the United States , payable as set forth. in paragrap�.
2 be.low, and Sellers hereby agree to convey by grant deed fee title
to City o� the real property described in Exhibit A, subject to th.e
exceptions set �`orth in Exhibit �o
2 , An. escrow shall be opened forthwith a� Title Insurance and
Trust Company, San Rafael, Californiae Prior to closing thereof,
City shall deposit into escrow cash in the sum of $2 , 500.00.
3. Sellers shall deposit into escrow their grant deed to the.
property described in Exhib it A, subject to the restrictions set fortch
in Exhibit B.
4. City sha11 be entitled to possession of the real property
described in Exhibit A hereto upon close of escrow.
5 . Selle.rs represent that �hey k�ow of no liens , restric-
tions , easements , rights o� way or other encumbrances on the property
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descrzbed in Exhibit A, excep� such as may be set forth in Exhibit
�. Sellers further represent that they have no knowledge of any
existing leases , agreement or other commitments with respect to the.
property described in Exhibit A.
6. �osts o� escxow shall be paid by Sellers , and costs of
title insuxance shall be paid by City.
7. �ity agrees that within six (6) months following close of
escrow, zt shall acquire playground equipment of the value of
$1,000000, and shall thereaf�er have said equipment installed at the
City-owned park known as the �elveron Mini-Park.
8. In the event Sellers fail to deposit into escrow any sums
or documents required of them, and by the time required, or if escrow
may not be. closed by the time provided, then City may, at its option,
by written notice, instruct the. e.scrow �older to re.turn all sums or
documents deposited by it in escrow,
9. The £orm of deed �sed in conveying t�e propexty descrioed
in Exhibit A shall be subject to the approval of the City Attorney
for City. Evid.ence of title shall be a standard title insurance
policy issued by Title Insurance and Trust Company.
10. Escrow sha11 be closed in compliance. with this agree.ment
on or be�ore �anuary 15, 1973.
11. No notice, demand or change o� instructions shall be of
any effect in escrow or recogn�zed by the escrow holder unless given
in writing by both parties .
12 . At close of escrow, the escrow agent sha11 deliver to
C ity:
(a) The original documents o� title to the. real property
described in Exhibit A, such documents having been duly recorded in
Marin County.
(b) A policy of title insurance insuring City in the
2 .
amount of $3, 500.00.
13o At close of escrow, the escrow agent shall deliver to
Sellers :
(a) The sum of $2, 500.00.
14. All �axes and charges of any governmental body, or
district, or other agency, sha11 be prorated as of the c lose of escrow.
15. Assessments , if any, are to be paid by �ellers .
16 . Time is of the essence in the performance of this agree-
ment.
CI�'Y OF �I�URON, a Municipal
Corporati.on
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ATTEST : �y �'af ''��',r,/. •;'�
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AL�,�RT H. f SE � ETT, Mayor
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SERT S �MEla, C�.ty C er
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WII,BUR J. MC-GOW �'
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J E Na MC GOW �
Sellers
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EXH IB IT A
That certain real property situate in the City of Tiburon, Gounty of
Marin, State of California, described as followse
�eginning at the intersection o� the westerly right of way line of
the Northwestern Pacific Railroad with. the northerly right of way
line of California State Highway, leading from Alto to Tiburon, and
running thece westerly along said highway line 41. 703 feet to the
easterly boundary line of the Belveron Gardens Subdivision Unit 4,
filed November 24, 1950 in Book 7 of Maps , at page 23, Marin County
Records , thence along said subdivision boundary north 12° 08' West
7.33 feet, North 10° 38 ° West 469.20 �eet, North 21° 02 ' West 312 . 90
feet and North 29° 06 ' �Jest 90.0 feet to the westerly right of way
line of the Northwestern Pacific Railroad, thence southerly along
said line 865.0 feet, more or less , to the point of begznning.
Belveron Garclens meridian.
EX�I IB IT �
General and special county and city taxes for the fiscal year 1972-
1973, including personal property tax, if any,
Total amount: $3. 12
First Installment: $1. 56 now due and payable
Personal property of: McGowan
In the Amount of: None
Second Installment: $1.56 payable, but not yet due.
Assessor's Parcel No. : 34-252-02 Code Area: 11-010.