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HomeMy WebLinkAbout62-201RESOLUTION NO. 62-201 ACCEPTING DEEDS, AUTHORIZING AMENDMENTS TO ESCROW INSTRUCTIONS AND EXECUTION OF AGREEMENT AND COVENANT NOT TO SUE WHERE THE CITY IS PAYING CASH CONSIDERATION FOR ONE DEED WHEREAS, JOHN O_~!S H~Ey~ ~MARY G.~HAL~Y, ROBERT G. HAL]AY, KATHERINE HALEY and VIRGINIA MAE HALEY have presented to the City a deed dated September 13, 1962, conveying two parcels of real property at Seventeenth and Bristol Streets in consideration of the payment of $49,071.20. Said transaction is to be handled through Escrow Number 324690 ET with Title Insurance and Trust Company, Santa Ana, California; and WHEREAS, JOHN OTIS HALEY and MARY G. HALEY have presented to the city a grant deed dated October 22, 1962, conveying a parcel of property 25 feet square for Seventeenth Street without cash consider- ation, but in consideration of the City executing a Covenant Not TO Sue said grantors by reason of any defect in title resulting from the execution of a certain deed; and WHEREAS, it is necessary to amend the escrow instructions to modify the description to show said 25 foot square of property to be conveyed without cash consideration and to modify the escrow instructions by a further amendment to reduce the cash consideration being paid by City for the Bristol Street right of way because of the reduction in area. NOW, THEREFORE, BE IT RESOLVED: That the City of Santa Ana accepts said deeds and Carl J. Thornton, the City's designated agent, is directed to place his Certificate of Acceptance on said deeds. BE IT FURTHER RESOLVED: That the Mayor is hereby authorized to execute said two amendments to the original escrow instructions with the Title Insurance and Trust Company, Escrow No. 324690 ET; and the Mayor and the Clerk of the Council are hereby authorized to execute -1- the Agreexaent and Covenant Not To Sue JOHN OTIS HALEYor MARY G. HALEY because of the defect in title created by the John Otis Haley deed conveying certain property to ANNA A. FRIEDMAN. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 5th day of Nov~,~, 1962. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, DORIS M. BROWN, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Resolution was regularly introduced to said Council at its regular meeting held on the 5th.... day of November , 1962, and was at said meeting regularly passed and adopted by the following vote, to-wit: AYES, COUNCILMEN: Hubbard~ G~]-~e, Brewer, NOES, COUNCILMEN: None ABSENT, COUNCILMEN: Schlueter CLERK OF THE COUNCIL /~.I~ ATTORN~r / -2-