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HomeMy WebLinkAboutUkiah Revelopment Agency 2011-02-16 _ , ' , AGREEMENT FOR PURCHASE ��1D SALE OF REAL PROPERTY This Agreement is entered on �-C�j,1(�,Zp1� ("Effective Date"), in LJkiah,California, � by and between the LTkiah Redevelopment Agency ("Buyer"), and the City of Ultiah ("Seller"). 1. Sale of Premises: Seller agrees to sell and Buyer agrees to buy that certain real property located in the City of Ukiah, Mendocino County, California known as Cleveland Lane and Mendocino County Assessor Parcel ("APN") Numbers 002-281-29 and 002-281-15 ("the Property"), as more particularly described in the attached Exhibit A, which is incorporated herein by this reference. 2. Purchase Price: Sellers agree to accept from Buyer $371,460.00 Dollars as the full purchase price for the Property. 3. Transaction Costs: All transaction costs shall be paid by Buyer. 4. Condition of Title: Title to the Premises shall be free and cleaz of all liens, except for ta�ces not yet due, and all leases, easements and encumbrances not approved by Buyer. 5. Payment of Purchase Price: Upon recordation of a deed, Buyer shall transfer the purchase price plus transaction costs to the account specified by the Seller, and Seller shall show ' the deduction of the Purchase Price from the appropriate account within the Low and Moderate Income Set Aside Fund. 6. Coodirions: Buyer's obligation to purchase the Property is subject to the following conditions: a. Buyer has complied with the California Environmental Quality Act ("CEQA") by determining that the purchase does not requ'ue environmental review or by adopting a notice of exemption, negative declazation or envuonmental impact report, as determined by Buyer. b. Buyer shall pay all closing costs, including, but not limited to, tiUe insurance, land surveys, CEQA compliance, escrow fees, document preparation fees, and legal fees. c. Escrow to close or sale to be completed sixTy days from the Effective Date, unless the parties agree in writing to an eazlier or later closing. 7. Right of Possession: Buyer's right of possession shall commence upon recordation of the deed. 8. Partial Invalidity: If any term or provision of this Agreement shall be deemed to be invalid or unenforceable to any extent, the remainder of this Agreement will not be affected thereby, and each remaining term and provision of this Agreement will be valid and be enforced to the fullest extent pemutted by law. 1 I � , � 9. Waivers: No waiver of any breach of any covenant or provision contained herein will ' be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or ' provision contained herein. No extension of time for performance of any obligation or act will be ' deemed an eactension of time for performance of any other obligarion or act except those of the waiving party,which will be extended by a period of time equal to the period of the delay. 10. Successors and Assigns: This Agreement is binding upon and inures to the benefit of I the permitted successors and assigns of the parties hereto. '� 11. Professional Fees: Neither Buyer nor Sellers have used a licensed realtor or other agent in connection with the purchase of the Property and neither party is liable to any such realtor or agent for a commission or fee. If either party is deternuned to have an obligation to pay any such fee or commission,it shall be the sole responsibility ofthat party to pay the fee or commission I and that party shall indemnify and defend the other party from against any cost or liability arising out of the obligation to pay any such fee or commission. 12. Eutire Agreement: This Agreement (including all Exhibits attached hereto) constitutes the entire contract between the parties hereto and may not be modified except by an instrument in writing signed by the party to be chazged. 13. Paragraph Headings: The pazagraph headings contained herein aze for convenience and reference only and are not intended to define or limit the scope of this agreement. �i WHEREFORE, the parties have entered this Agreement on the Effective Date. �� BUYER SELLER I UKIAH REDEVELOPMENT AGENCY CITY OF UKIAH ' By: By: \ J e Chambers, Executive Director Mayor ATTEST: ATTEST: � o Anne Cume, City Clerk oAnne Currie, City C erk III 2 I I i ,� , i . EXHIBIT A LEGAL DESCRIPTIONS I �I Pazcel 1: All that certain real property situate, lying and being in the City of LTkiah, County of Mendocino, State of Califomia, more particularly described as follows: li The land described in the deed to Mazk A. Carpenter,et uac,recorded February 5, 1951 in Book 286 of Official Records, Page 48, Mendocino County Records, as follows: Beginning at a point on the Northerly line of Cleveland's Lane, which is the Southwest comer of the land now or formerly owned by Jay C. Smith et uac and wtuch point is distant 120 feet Westerly from the Southeast comer of that certain real properiy conveyed by S. S. McGarvey to G. Lucchesi, by deed dated the 24th day of January, 1918, and recorded on the 24�' day of January, 1918, in Book 146 of Deeds,page 459,Mendocino County Records; and thence from said point of I begiruiing mm�ing Westerly along the Northerly line of said Cleveland's Lane a distance of 60 I feet; thence rnnning Northerly and parallel with the Easterly line of Main Street in said City of LJkiah to the Northerly line of the real property conveyed to G. Lucchesi by S. S. McGarvey, as aforesaid;thence running Easterly along the Northerly line of the aforesaid land conveyed by S. S. McGarvey to G. Lucchesi as aforesaid,a distance of 60 feet,more or less,to the orthwest comer of the lands of Jay C. Smith and Dorothy Lee Smith; thence n,nn;ng Southerly along the Westerly line of the said Smith lands to the Southwesterly comer of the said Smith lands and the point of beginning, being a portion of Block M. of the City of Ukiah, Mendocino County, California. Excepting therefrom that portion described in the deed to Thomas F. Johnson, recorded June 2, ' 2003 as 2003-13962, Mendocino County Records, as follows:`Beginning at the Southeast corner of said PARCEL ONE as shown on a map recorded in Map Case 2, Drawer 38, Page 47, Mendocino County Records; thence along the East line of said pazcel as shown on said map North 10° 48' S4" West, 176.39 feet (Record per said map: 176.40 feet) to the Northeast corner of said pazcel; thence along the easterly extension of the North line of said pazcel North 88° 49' 06" East �i (Record per said map: North 88° 49' 07" East), 23.45 feet; thence leaving said easterly extension I South 3° 39' 09" East, 174.06 feet to the North line of Cleveland Lane as shown on said map; thence along said North line of Cleveland Lane South 88° 43' 02" West (Record per said map: South 88° 19' 00" West), 1.43 feet to the point of beginning and the end of this description." APN: 002-281-29(ptn.) Pazcel 2: The land referred to herein is described as follows: All that certain real property simate, lying and being in the City of LTkiah, County of Mendocino, '' State of Califomia, more particulazly described as follows: Beginning at a pomt on the Northerly line of Cleveland's Lane, which said point is distant 60 feet Westerly from the Southeast corner of that certain real property conveyed by S. S. McGarvey to G. I Lucchesi, by deed dated January 24, 1918, recorded January 24, 1918 in Book 146 of Deeds, Page I 3 I I - � ., . . . �J I ' 459, Mendocino Counry Records; thence from said point of be�inning running Westerly along the Northerly line of said Cleveland's Lane, a distance of 60 feet; thence funning Northerly and � pazallel with the Easterly line of Main Street in the City of iJkiah, a distance of 170 feet, more or less, to the Northerly line of the real property conveyed to G. Lucchesi by S. S. McGarvey as I aforesaid, a distance of 60 feet; thence rumung Southerly in a direct line to the Northerly line of II Cleveland's Lane and the point of beginning, being a portion of Block M of the City of Ukiah, I ' County of Mendocino, State of Califomia. I APN: 002-281-I S � ' i II i II � ' 4 I, i I , — _