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HomeMy WebLinkAboutKader, John & June; 1966-11-01;..- Carlsbad, Ca I fforn ia November 1946 John Kader Jr. and June Lytha Rader Grantor(s1 SALES AGREEMENT- CITY OF' CARLSBAD This agreemer:t. is subject to approval by the City Council of the City of Carlsbad. 3. The parties have herein set .forth the whole of their agiwement, The performance of this agreement constitutes the el Ire c'nsideratinn for t'e property and rhall relieve ti.,. City OJ* all further obligation or claims on this account, or on account r;f the location, grade or construction of the proposed public im- provemen t . 2. The City shall: (A) Fay the undersigned grantorfs; the sum of 40 00.00 for the pr ""r:p r':. interest conveyed by grcntor ,-%T---- when title to said property vests in the City free and clear of all liens, encumbrcnces, asscssments, ease- ments and leases (recorded and/or unrecorded), and taxes, excppt: a. Covenants, condit ions, restrict ions and reserva- tions of record. b. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if any. (3) Fay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the City, the premium charged therefor. Said escrow and recording charges shall not, however, include reconveyance fas, trustee's fees, or forwarding fees for any fulE reconveyance of deed of trust or full release of mortgage; nor sha 11 sa id charges include federal dacumentary stamp tax. The City is hereby authorized to deduct from the -\ payment shown in Paragraph 2(A) above an amount necessary to purchaae federal documentary stamps in applicable amounts, and to affix same to the Grant Deed. (C) Have the authority to deduct and pay from the amount shown in Clause 2fA) above, any amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and/or delinquent or nondelinquent assessments or bonds except those which titte is to be taken subject to in accor- dance with the terms of this contract. .. An:. Gr a;l moneys payahle j!i:cfcr this contract, up to and including the total amount op unpaid yincipal and in- terrist on notefs) secured by mortgase(s)or deedfs) of trust, if any, together with penalty (if any) for payment 111 full in advance of maturity, and all other amounts due and payable in accordance with tke terms and conditions of said trust deed(s) or mortgagees) shall, upon demand(s) be made payable to the mortgage(s) or beneficiary(8) entitled thereunder; said mortgagee(s) or benejiciarycs) to furnish grantor with good and sufficient receipt show- ing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. The grantor(s) may retain possession of the property conveyed up to 30 calendar days after the date of record- ing of the deed conveying title to the City upon compliance by the grantor(.-) with the conditions of this contract, but no later thanJanuary 3,1966.All rents collected by grantor(s1 applicable to any period thereafter shall be paid to the City. Either party hereto collecting rents to which the other party is entitled shall, in the final settlement of this contract, pay such an amount to the other as is necessary to comply with the provisions of this clause. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor(s) further agree(s) to hold the City harmtess and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of grantor(s) for a period exceeding one month. 6. The property, which is the subject of this agreement, is (See attached description marked @Elat Avenue-Kader- Parcel At#, prepared bg Donald H. Holly and dated legally described as follows: August 30, 1965.) 7. Other conditions: Together wtth above "Parcel A@ a slope easement shall @e granted as per attached description marked "El RI Avenue- Kader-Stope- Easemonttt prepared by Ronald H. Holly and dated October 14, 1965, being 10 feet in width. The City of Carlsbad shall allow the removal. at the expense of the grantors herein, of the garage-apartment building. Ths Gitu of Carlabad shall also furnish seurer connection to replace be disrupted. IN WITNESS WHEREOF, the parties day and year first above written. Recommended for Approva 1 : BY Judson T, Na iman-Agen t Approved: Grantor(s1