85-010 lot#1 Three Oaks Subdivision Lot #1 Purchase by Richard and Sandra Johnson Reso 6536a
RESOLUTION NO. 6536
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF GRANT DEED,
LOT 1, TRACT 6921, THREE OAKS SUBDIVISION,
RICHARD CHRISTIAN JOHNSON AND SANDRA JEAN JOHNSON
WHEREAS, the City of Cupertino placed for sale several lots in the
area known as Three Oaks Park; and
WHEREAS, said Council accepted bids and approved of sale of parcel
commonly known as Lot 1, Tract 6921, filed October 2, 1981, Map Book 490,
Pages 44 and 45, Santa Clara County Records, in the amount of $111,000.00;
and
WHEREAS, Richard Christian Johnson and Sandra Jean Johnson, his wife,
submitted said amount realizing that construction is limited to a one
story dwelling subject to requirements of the City of Cupertino;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to execute the
Grant Deed, escrow instructions, and escrow settlement sheet on behalf of
the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 20th day of May, 1985 by the following vote:
Vote Members of- the_Cit_Council
AXES: Gatto, Plungy, Sparks
NOES: None
ABSENT: Johnson, Rogers
ABSTAIN: None
ATTEST: APPROVED:
/s/ Dorothy Cornelius _ /s/ Reed _Sparks
City Clerk Acting Mayor, City of Cupertino
INS R1S 15 TO -CERTIFY T
OF THE ORI T IS A TRUE AND Fj` V✓ITHSN
GINA`ON FILE IN RRECTCOF"
ATTEST -%%ci S OFFICE.
CITY CLER I7�.
HE CITE' qF
C3INC7
CITY
ERIC
C- Lof L
. 11BIT
PURCHASE CONTRACT RECEIPT FOR DEPOSIT
AND ESCROW INSTRUCTIONS
This Agreement dated this Z= 2 day of
19 q,, is made by and between the CITY OF CUPERTINO
("Sailer") and �c�� .ct `:._/:..� <� �c�G✓K Sl•`Z't
("Buyer").
RECITALS:
I. Pursuant to theappropriate '
provisions of the
California Government Cade, Buyer has made a bid to
purchase the property described herein and Seller has
accepted such.bid.
2. Seller has received from Bayer the sum of:
1-�'
/-/U< '171-10-5 , Dollars, S_ `� , 000 , vv
("Deposit") evidenced by a certified or cashier's check
payable to the CIT. OF CUPERTINO, as a deposit on
account of purchase of that certain real property
situated in the City of Cupert.no, County of Santa
Clara, State of California, described as Lots)-
- l
_("Property") of Tract No. 6921
as shown on the map filed d f, ;2 , 19 ?/ in
Map Book [Q, Pages ,4 & 45.
NOW, THEREFORE, the parties hereto agree as follows:
1. Aareement of Purchase and rale
C.C.4.0
1
Subject to the terms and conditions as set forth herein,
Seller shall sell and Buyer shall purchase the property
:or a total purchase price of $/Lope . eel,
2.
3.
Pam ent of Purchase Price
The purchase price for the property shall be paid as
follows:
2.1 Buyer has already paid Seller a deposit of
2.2 No later than tairty days of ter this agreement
is executed Buyer shall deposit with the Escrow
Holder for delivery to Seller at close of
escrow, cash or a certified or cashier's check
made payable to 144 //'�'�� Title
Company in an amount of /66 , ee)d _ D a
(the full amounc of the purchase price less
deposit) plus closing costs necessary to close
escrow. In the event that Buyer fails to
deposit the total cash.required within the time
specified, Seller shall retails $5,000.00 of the
previously paid deposit. The time specified
may be extended by mutual agreement between
Buyer and Seller.
The Closina of Sale "cransaction Throuch Escrow
3.1
C.C.4.0
The purchase and sale of the property shall be
completed within thirty (30) days after
executing this Purchase Cor, tract Receipt for
2
Deocasit. The closing_
o� the sale shall be
through an escrow to be opened at the following
title company ("Escrow Molder"):
Valley Title Co.
10625 S. De Anaa Boulevard
Cupertino, CA 95014
3.2 Instruments in respect to the purchase and sale
shall be deposited in escrow by Buyer and
Seller as follows:
(a) Seller shall deposit, prior to -close of
escrow, a grant deed duly executed by
Seller in recordWzble form.
(b) Buyer shall deposit cash or a certified or
cashier's check ::car the amount required to
close escrow pursuant to Paragraph 2.2 of
this agreement.
8. Notices
Any notice, request, demand, instruction or other
communication to be given to any party hereunder shall
be in writing and delivered personally, or sent- by
registered or certified mail as follows:
Seller: CITY OF CUPERTINO
P.O. Box 580
Cupertino, CA 95014-0580
C.C.4.0
3
Buyer: /�rZ61a,v( at, k l h;c `i, sc, -I
zo1 . 6 41c%'k4�:_ 0r --
Notice shall be deemed to have been given when delivered
persgnally or two days after mailing to the above
address .if mailed. No notices shall be effective unless
and until all persons entitled to notice have been
notified in accordance with the foregoing. The
addresses and addresses for puzposes of this paragraph
may be changed by giving written notice of such change
in the manner provided herein for giving notice. Unless
and until such written notice is received, the last
address and addressee as stated by written notice, or as
provided herein if no written notice of change has been
sent or received, shall be deemed to continue in effect
for all purposes hereunder.
9. Further Assurances
Buyer and Seller agree that at any time, or from time to
time after the execution of this -Agreement and whether
before or after the close of escrow they will, upon
request of the other, execute and del -,ver suca documents
and do such further acts and things as such party may
reasonably request in order to effect fully the purposes
of this Agreement.
C.C.4.0 4
10 . Sur vlval o: Covenan -s
Each of the covenants and agreements contained herein
shall, to the extent applicable, survive the close of
escrow.
11. Successors and Assigns
This Agreement shall be binding upon and inure to the
benefit of each of the parties hereto, and to their
respective successors and assigns.
12. Cautions
The captions in this Agreement are inserted only as a
matter of convenience and for reference and in no way
define the scope or extent of this Agreement or the
construction of any provisions herein or of any document
or instrument referred to herein.
13. Time
Time is of the essence in this .Agreement.
14. Entire Agreement; P.,mendment:s
This Agreement embodies the entire Agreement and
understanding between the parties relating to the
subject matter hereof and may not be arrc:nded, waived or
discharged except by an instrument in writing executed
by the party against which enforcement of such
amendment, waiver or discharge is sought. This
agreement supersedes all prior agreerner;..s and memoranda.
The invalidity of any one of the covenants, agreements,
conditions or provisions of theta Agreeme.:t, nar any
C.C.4.0 5
portion thereof, shall not a!fect the remaining portions
thereof or any part hereof and this Agreement shall be
construed as if such covenant, agreement, condition or
provision had not been inserted herein.
15. Attornev's Fees
Should any suit be brought to enforce the terms of this
Agreement or any obligation -herein expressed, the
prevailing party shall I�e entitled to reasonable
attorney's fees, costs p/1nse� 'hreincurred.
'APPROVED AS TO FORM:
City Attorney
ATTEST:
v s . y► - tri a� -�iti -✓ s a'1
APPROVED:
9
City'Clerk
C.C.4.0 6
Bu ;,r.r
LAW OFFICES OF
LOUIS D. SILVER
1670 NEWHALL STREET. SUITE 103
SANTA CLARA. CALIFORNIA 95050
LOUIS D. SILVER
WILLIAM K. RICHARDSON
MAILING: P. 0. BOX 18671
SAN JOSE, CALIFORNIA 95155
TELEPHONE: (408) 243-9079
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THRU OAKS sun[vlsmi
A1J that certain real property sitilate in tl►e City of Cupertino, County
Of Santa Clara, State of California, more, particularly described as
follows:
All of Lots 1 through 7 as sliown upon that certain Tract No. 6921, Three
Oaks Subdivision, which mnp was recorded in Book 490 of Maps at Pages 44
and 45, Sapta Clare County Records.'
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Richard C. Johnson
21201 Gardena Drive
Cupertino, CA 95014
March 28, 1985
Mr. Phil Johnson, Mayor
City of Cupertino
P.O. Box 580
Cupertino, CA 95014
Dear Mr. Johnson:
My bid for $111,000 was accepted on lot #1 of the Shadowhills
subdivision sold by Cupertino at auction on February 22. I
requested several days in addition to the 30 days to closing in
the original terms, believing that I could employ my existing
house plans.
I must in fact modify the entire plan to conform to the setbacks
on the lot. This will take several extra weeks. This is no
problem, except that I also must have the plans completed in
order to secure my financing. I am a qualified borrower with
good credit, and I have no doubt about my ability to finance the
purchase and provide the city with full cash at closing. The
timing is too close for safety, however.
I would like to request that the enclosed addendum be accepted.
I am very happy with my purchase, and I look forward to moving
into my completed house.
ours,
^��
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~_
Richard C. Johnson
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NSUVEL)
Addendum to 2/22/85 purchase contract re lot #1, tract 6921
between City of Cupertino (seller) and Richard and Sandra Johnson
(buyers>:
The parties agree that paragraph 2.2 of this agreement be
modified to provide close of escrow no later than 90 days after
2/22/85.
�ic.hard C Sandra J. Johnson �
L-
ZV/4 V% ��
��
ty of Cupertino
CITY Of COPLRIli'lo
PUBLIC Wo.RK.3
MA�����n� ''"~'"^a
REGEI&L.-D