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Home My WebLink AboutRESO 4689.,. . " • • ORIGINAL RESOLUTION NO. 4689 RESOLUTION OF THE COUNCIL OF lHE CITY OF PAW ALTO AUTHORIZING THE RECEIPT AND SALE OF A GIFT OF REAL PROPERTY WHEREAS, Dr. and Mrs. Harold J. Beaver have graciously decidf'd to donate the parcel of land described in the attached agreement to the City of Palo Alto; and WHEREAS, the City of Palo Alto wishes to accept the aforesaid property; and WHEREAS, Dr. and Mrs. Beaver request that the City of Palo Alto sell the property and use any net proceeds from said sale for the preservation of "Squire House"; and WHERE!\S, the qty of Palo Alto wishes to express its appreciation to Dr. and Mrs. Beaver for this generous gift. NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: SECTION I. The Council of the City of Palo Alto authorizes and directs the City Manager of the City of Palo Alto to execute the attached agreement, accept the gift described therein, and dispose of the property and utilize any net proceeds received by the City of Palo Alto pursuant to the terms of said agreement. SECTION 2. The Council of the City of Palo Alto hereby expresses its appreciation and that of the citizens of this community, and commends Dr. and Mrs. Harold J. Beaver for ft.Js gift. INTRODUCED & PASSED: December 18, 197Z AYES: UNANIMOUS NOES: NONE ABSENT: NONE AO:ct.;h~ City Oerk . . AP!:D: ~~~G+M--~ Mayor ·· APPROVED AS TO FORM: ~=m~ Assistant City Attorney APPROVED: azy~ ./ / ·/ • • AGREEMENT GIFT OF REAL PROPERTY TO THE CITY OF PALO ALTO THIS CONTRACT, is made on December , 1972, at Palo Alto, California, between the CITY OF PALO ALTO, a municipal corporation, referred to as "Palo Alto," and OR. HAROLD J. BEAVER and RUTHS. BEAVER, referred to as "Donors:1 husband and wife, asjoint tenants, whose address is 1941 Middlefield Road, Palo Alto, California. W I T N E S S E T H: WHEREAS, DONORS wish to donate a parcel of real property, described hereinafter, to PALO ALTO; and -:._ WHEREAS, PALO ALTO wishes to accept this gift of real property from DONORS; NOW, THEREFORE, it is agreed as follows: 1. DONORS agree to donate and PALO ALTO agrees to accept all that certain parcel of land situate in the Town of Los Altos Hills, County of Santa Clara, State of Calif omia, more particularly described as follows: Lot 8, as shown on that certain Map entitled, "Tract 2093 Valle V,ista Hills," which Map was filed for record in the office of the Recorder of the County of Santa Clar.t, State of California, on May 23, 1961, in Book 133 of Maps, at Pl18es 28 and 29. TOGETHER WITH a Driveway easement 32.00 feet in width the centerline of which is more particularly described as follows: Beginning at the common comer of Lots 6, 7, 8 and 9, as shown on the above referred to Map of Tract No. 2093 Va.Ile Vista Hills; thence along the line dividing Lots 8, 9, and IO of said Tract No. 2093 VaUe Vista Hills the following courses and distances: S. 13° 30' 00" W. 64.00 feet; thence S. 3Cf 30' ·oo" W. l 26.00 feet; thence S. 6° 15' 00" E. 80.00 feet; thence S. 47° 01' 41" E. 79.02 feet · to a point on the Northwesterly line of Horseshoe Lane as shown on said Map of Tract No. 2093 Valle Vista Hills and the terminus thereof. Abo together with a Driveway easement of which is more particularly described as follows: Beginning at the common corner of Lots 6, 7, 8, and 9, as shown upon the above referred to Map of Tract No. 2093; thence aJona the Northerly line of said Lot 8, N. 78° 39' IS" W. 42.00 feet to a paint thereon; thence leaving last said line S. 9° 531 40" E. 6S.4J feet to a point; thence Southeasterly in a direct line to the angle point in the Easterly line of said Lot 8; thence &Iona the Easterly line of said Lot 8 N. 13• 30' 00" E. 64.00 feet to the point of beginning. • • 2. The value of the DONORS' PROPERTY is estimated and a&reed to be Fifteen Thousand Dollars ($ J S,000). 3. Within three (3) days of the execution of this agreement by DONORS and PAW ALTO. DONORS shall deliver to PALO ALTO the deed for the PROPERTY conveying to PALO ALTO, marketable title to said property free and clear of all liens, encumbrances, covenants, conditions, restrictions, and rights-of-way, excepting the following: (a) Any city and/or county assessment for the taxes for the current fiscal year, which taxes shall be prorated as of the date of delivery of title to PALO ALTO. (b) Tho~ conditions and restrictions imposed by the Town of Los Altos Hills as specified in the amended Approved Check List dated November 6, 1972. (c) Those title exceptions numbered 11 2" through "7" listed in Valley Title Company Preliminary Report (PA 49701). dated November 30, 1972. 4. Recording fees and other miscellaneous usual closing costs, including the cost of a title insurance poliq, shall be paid for by DONORS. All real estate broker's fees, if any, involved in this transaction shall be paid by DONORS. 5. DONORS request that PALO ALTO, upon acquisition of PROPERTY, sell said · PROPERTY and use the net proceeds for the preservation of a structure, hereinafter called "Squire House, 11 located at 900 University Avenue, Palo AJto, California. Therefore. the parties hereto understand and agree a~ follows: (a) PALO ALTO upon receipt of marketable title from DONORS and proper recordation of the above-mentioned deed, shall immediately make a good faith effort to sell the PROPERTY for the highest cash price offered no later than February 15, !973. (b) Contract Number 3417 between the City of Palo Alto and the ?ala Alto Historical Association provides that said Association must deposit ~~th the City of Paio Alto an amount of money equal to the sum paid by the City of Palo Alto for the purchase of Squjre House by March 15, 1973. Any net proceeds derived from PALO ALTO;s sale of PROPERTY shall be retained by PALO ALTO and deemed to be money donated for preserving Squire House. Furthermore, said money shall be combined with other fund$ deposited with PALO ALTO for the purpose of preserving Squire House on or before March lS, 1973. In the event the total amount of money needed to preserve Squire House is acquired bef o.re the sale of the PROPERTY or any of the money realized by said sale . is in excess of the total amount, the net proceeds or any excess amount shall be used by PALO ALTO for any necessary renovation and maintenance of Squire House. However, if Squire House is not presezved, pursuant to the provisicms of the alx>ve contract, or PALO ALTO cannot sell the PROPERTY. for any reason. before February lS. 1973, then any and all money received by PALO ALTO from PROPERTY's sale shall be credited to the General Fiind of the City of Palo Alto to be used as deemed necessary and proper by PALO ALTO. 6. The terms, coven~ts, and conditions of this agreement sh.all apply to, and shall bind, the heirs. aucceaors, executors, administraton, and assigns of both parties. -2- • • • .. 7. This document represents the entire and integrated agreement between PALO ALTO and DONORS and supersedes ~all prior negotiations, representations, or agreements, l.-ier written or oral. This document may be amended only by written instrument, signed by both PALO ALTO and DONORS. All provisions of this agreement are expressly made conditions. IN WITNESS WHEREOF, PALO ALTO and DONORS have executed this agreement the day and year first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: DONORS Assistant City Attorney HAROLD J. BEA VER PROPERTY DESCRIPTION APPROVED: Engineering Department RUTH S. BEAVER APPROVED AS TO CONTENT: Administrator, Real Property APPROVED: City Controller -3-