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HomeMy WebLinkAbout1986-09-04 - Grant HUDSON, GORDON G. Recording requested b� A• P. 111-071-v7 RECORDING REQUESTED BY IS City o� un ing on each Q7QA ORANGE COAST TITLE COMPANY '"� U.�.U`t RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA and when recorded mail to: The City of Huntington Beach •400 PV1 OCT 30'86 2000 Main Street fumm ^— Huntington Beach, CA 92648 L Q COUNTY Attention: Paul Larkin �1� "- RECORDER Mail Tax Statements to: Documentary Transfer Tax $NONE-CITY EXEMPT None Taxxerr�lt sa ,nr City of Huntington Beach Almcia M. i;tientulorth City Clerk EXECUTOR' S DEED By: ....... Deputy tit§Clerk I, GORDON G. HUDSON, as Executor of the Will of JAMES T. HUDSON, Deceased, grant to CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, all that real property situated in the City of Huntington Beach, County of Orange, State of California, described as follows: Unimproved real property located on Ellis Avenue in the City of Huntington Beach, County of Orange, State of (M California, described as follows: M The South half of the Southeast quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 35 , Township 5 South, Range 11 West, S.B.B. & M. together with the producing oil and gas well located on the above-described real property, together with all equipment appurtenant thereto This Deed is made pursuant to the Order of the Superior Court of ry the County of Orange, in the matter of the Estate of JAMES T. HUDSON, Deceased, No . A-112727. Dated: September 1986 SEE � 5,► 9//3/r A" 47;r,9, 6.b �� �t .� ) C0AVfk4Cr1w,6Sr_ 1eAIr.0.0 �. 4e> GORDON G. HUDSON, Executor of the Will of JAMES T. HUDSON, Deceased STATE OF CALIFORNIA ) ) ss . COUNTY OF ORANGE ) On September 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared GORDON G. HUDSON, known to me ( ) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. WITNESS my hand and official seal. 11 OFFICIAL SjROGJERS �2 �z/F��� MADELYNE N.NOTARY PUBLIC- Not ry Pubtic ORANGE CONly Comm.Expires APP.r ol; rney �y � - 'y A' Orr, 86-51828 City o Huntington it f Hunti ton Beach P.O. BOX 190 CALIFORNIA 92648 DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated September 4, 1986 from Gordon G. Hudson to the City of Huntington Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the CITY OF HUNTINGTON BEACH, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. v Dated October 28, 1986 CITY OF HUNTINGTON BEACH /f AL►CIA M. WENTWORT4 City Clerk By: CONTRACT OF SALE 6--518284 AGREEMENT FOR SALE OF REAL PROPERTY This agreement is made this .( , day of 1986 by and between the CITY OF HUNTINGTON BEACH, California, a G. municipal corporation (herein called BUYER), and Gordon/Hudson as Executor of the Will of James T. Hudson deceased (herein called SELLER) for the purchase by BUYER of certain real property situated in said city. Whereas, SELLER is owner , in fee, of certain real property located in the City of Huntington Beach, California more fully described as below, and, : The south half of the southeast quarter of the southwest quarter of the southwest quarter of the northwest quarter of Section 35, Township 5 south range 11 West, Assessor ' s Parcel No. 111-071-27 . BUYER desires to purchase said property for cash and SELLER desires to sell property to city. 'NOW, THEREFORE, the parties agree as follows: 1 . PURCHASE PRICE - The purchase price for the real property is $230, 000 to be paid by check or draft at close of escrow. 2 . ESCROW - The parties agree to consummate the transaction in escrow with an escrow agent of BUYER"S choice . SELLER and BUYER each agree to execute all escrow instructions and other instruments reasonably necessary to close escrow and do all things reasonably necessary to consummate said sale. •86-518284 3 . CONDITIONS OF CLOSING - The close of escrow and sale are conditioned upon: (a) Conveyance to the city of good and marketable fee simple title subject to the approval of the City Attorney. (b) Delivery of CLTA (California Land Title Association) title insurance policy at BUYER' S expense in the amount of the full purchase price, subject only to such liens, encumbrances, easements, clouds, restrictions, covenants or conditions as may be approved in writing by the City Attorney, and subject to exceptions set forth in paragraph 3 ( c) . (c) City shall take title subject to ( 1 ) current property taxes which are a lien not yet payable, (2 ) public utility easements of record, unless disapproved by BUYER within ten ( 10) days after receipt of a preliminary title report, and (3 ) any duty or obligation to abandon the existing oil well and tanks on the property. (d) Delivery of possession of said property to BUYER or his nominee immediately on close of escrow free and clear of all uses and occupancies except as BUYER may waive in writing. ( e) In the event BUYER fails to approve any item in the preliminary title report, then SELLER shall have no obligation to cure any exceptions thereto, and BUYER' S sole remedy shall be to terminate this transaction at no cost to Seller. 2 . • i 8675I 8284 ( f ) This sale is subject to confirmation of the Orange County Superior Court in the matter of the Estate of James T. Hudson, Deceased, Case No. A-112727. SELLER shall proceed with due diligence to petition for court confirmation and shall file such petition within 60 days after the date hereof . (g) Escrow shall close no later than December 1, 1986. (h) The property being sold is being sold "as is" . ( i ) BUYER agrees to hold SELLER free and harmless from any liability with respect to abandonment of the oil well and tanks located on the premises, including any obligation of SELLER with respect to the oil pipe line connecting SELLER' S oil storage tanks with the Chevron Oil pipeline . ( j ) Miscellaneous unused tubing and pipe fittings lying on or about the premises are not included in the within sale and shall be removed by SELLER prior to the close of escrow. (k ) The SELLER shall be relieved from any obligation under the oil well and equipment bond posted with t the City of Huntington Beach, concerning the property being sold hereunder, only. ( 1 ) BUYER, at its sole expense, shall obtain a preliminary title report within 30 days after date of this agreement. (m) SELLER shall deposit its purchase money into escrow when advised by the escrow holder that all 3 . . • � � • 86-518284 conditions have substantially been performed and that escrow is in a condition to close. Should escrow fail to close within 30 days thereafter, then BUYER may, at its election, terminate this agreement and notify the escrow holder in writing to cancel such escrow and recover any amounts paid by it to SELLER or to the escrow holder on account of the purchase price of said property. The exercise of such power by BUYER shall not, however, constitute a waiver by him of any other rights it may have against SELLER for breach of this Contract . The escrow holder shall be , and is hereby, irrevocably instructed by SELLER on any failure of conditions or failure to close and receipt of such notice from BUYER to immediately refund to BUYER all moneys and instruments deposited by him, in escrow pursuant to this Contract . 4. PRORATIONS - There shall be prorated between SELLER and BUYER on the basis of thirty ( 30 ) day months as of 12 :00 midnight Pacific Standard Time on the date of the close of escrow pursuant to this Contract . (a) Real property taxes levied or assessed against said property ( including any water tax or water rate levied against said property for the furnishing of water thereto) as shown on the latest available tax bills . The County of Orange will refund all taxes paid by SELLER covering periods subsequent to title vesting in BUYER. 4. e o 86-510A (b) Premiums on insurance policies acceptable to BUYER insuring the improvements and buildings on said property against damage or destruction by fire, theft, or the elements . 5. BROKERS ' COMMISSIONS--ATTORNEYS ' FEES - Any and all commissions due to real estate or other brokers and all fees due Attorneys as a result of this sale of said property shall be paid by SELLER. 6. EXPENSES OF ESCROW - The expenses of the escrow described in this Article shall be aid in the follo wing owing manner : (a) The full cost of securing the title insurance policy described in Paragraph 3 of this Contract shall be paid by BUYER. (b) The cost of preparing executing, and acknowledging any deeds or other instruments required to convey title to BUYER or his nominees in the manner described in Paragraph 3 of this Contract shall be paid by SELLER. (c) The cost of recording a grant deed required to convey title to said property to BUYER or its nominee as described in of this Contract shall be paid by BUYER. (d) Any escrow fee charged by the escrow holder in addition to the cost of the title insurance policy required by this Contract shall be shared by the SELLER and BUYER and paid by them in equal proportions . 5 . '" 86:518284 7 . NOTICES - Any and all notices or other communications required or permitted by this Contract or by law to be served on or given to either party hereto, BUYER and SELLER, by the other party hereto or by the escrow holder shall be in writing and shall be deemed duly served and given when personally delivered to any of the parties, BUYER or SELLER, to whom it is directed, or in lieu of such personal service when deposited in the United States mail, first-class postage prepaid, addressed to the parties at the address shown below. SELLER may change his address for the purposes of this section by giving written notice of such change to BUYER in the manner provided in this section. Address: (BUYER) CITY OF HUNTINGTON BEACH Office of the City Attorney P.O. Box 2740 Huntington Beach, California 92646 Address: (SELLER) GORDON HUDSON, EXECUTOR OF THE WILL OF JAMES T. HUDSON, DECEASED c/0 C. William Carlson 2130 Main Street, Suite 140 Huntington Beach, California 92648 8. ENTIRE AGREEMENT - This instrument contains the entire agreement between BUYER and SELLER respecting said property, and any agreement or representation respecting said property or the 6. P e G T *518N duties of either BUYER or SELLER in relation thereto not expressly set forth in this instrument is null and void. Executed on 1986, at Orange County, California SELLER: BUYER: GORDON HUDSON, EXECUTOR CITY OF HUNTINGTON BEACH OF THE WILL OF JAMES T. A Municipal Corporation HUDSON, DECEASED of the State of California or orb u son Mayor INITIATED AND APPRO D: APPROVED AS TO FORM: hre in strat2v _ City Attorney L .fir i�� Sery ces REVIEWED & APPROVED: ATTEST: Of City Admini-sIrriator 4City- Clerk 7.