Loading...
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 A Jc I,- -4-v Trz: L 1) 1 r- ) 7 t C-�' 11 'LL, Y r4 /Al &-L r pkc 4-5 G- d V')o k, z 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.' :s ILI- LAI 16 2 4 G n n �.. .__��_`?. .__��._.. ....Gn __ ---•�"cam _. ._.�'_"_-. f) 2.49 7 01.20 Q ul V v ►�� e, �n►� .t On r ,:, 4 4,4 3 y W a tY 8 ILI- LAI 16 2 4 G n n �.. .__��_`?. .__��._.. ....Gn __ ---•�"cam _. ._.�'_"_-. f) 2.49 7 01.20 n 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, ^�� � ~_ Richard C. Johnson 'j K�8D^^�� —�.`~/�~� 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