HomeMy WebLinkAboutGORDON G HUDSON - 1986-06-02 CITY OF dM Ala
2000 MAIN ST REET CALIFORNIA 92648
OFFICE OF TIlE CITY CLERK
tlovember 14, 1985
Gordon Hudson, Executor of
will of James T. Hudson
C. William Carlson, Attorney
2130 Main Street, Suite 140
Huntington Beach, CA 92648
Enclosed is a copy of a recorded deed for 'hudson Property",
A.P_ 111-071-27 which was processed as a part of the Agree-
ment for Sale of Real Property that was approved by the City
Council on June 2, 1986.
Alicia M. Weptworth
City Clerk
AMW:bt
Enclosure
(TAlcphoac 71 V3"=71
9
Recording requested by:
l
EE cA City o ung one = fd„E (t)Ahl IIIE E
PECORDED G OFFICIAL.HCCOHDS
OF GRN,IGE CC3UNTY.CiiLI OFiij
ar.d when rer -)rd.ed mail to:
The City of Huntington Be..:h -4oa PV, ocy 3 *86
2000 Main Sf reet p T
Huntington Beach, CA 92648 _ ,d ! � �y��,u� casr+*r
Att,ntion: Paul Lark-in TCI �f�. a
Mail Tax Statements to: Documentary Transfer Tax $NOO -CITY EXEMPT
None
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City of HwIti iel „ [r..,ch
Ai da M. i.:•'_nt wth A
Cit GILE:t "
EXECUTOR' S DEED By: .. __'7-?zzrj'i ..C�LiL-
Deputy CitkClerk
I, GORDON G. HUDSON, as Executor of the Will of JAMES T. HUDSON,
Deccas,ed, 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 Calitornia,
escribed as follows:
rn
Unimproved real property located on ElliF Avenue in the
City of Huntir3ton Beach, County .,F grange, State of
California, described afs follows:
m
N The South half o.': 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.S.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
the Councy of Orange, in the matter of the Estate of J�SES T. HUDSON,
Leceased, No. A-112727.
Dated: September 4' , +'16
�oNrti'4C;A 6511 --VrmF'.ri4z GORDON G. HUDEON, Executor of the
Will of JAME.S T. HUL)SOK Decease4
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
On September fr , 1986, before me, the undersigned., a Notary
Public in and for saie Stater personally appeared GORDON G. HUDSON,
known to me (or- Gn e-4 to
be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the game.
WITNESS my hand and official seal.
+1"x pFplCtAE.SERE. '.# 'y `�t,( �•f Y.
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CONTRACT of SALE 6751 284
AGREEN.E1g roR SP.LE OF REAL PP.OPEF.':.Y
This agreement is made this �,y, 4 day of 14- ,
1986
by and between the CITY OF HUNTINGTON BEPICH, California, a
C.
mu'njcj_;-al corporalion (herein called BUYER) , and Gordon./Pudson as
Executor cf the Will of u''ames T. _Plodson 'here n called
SFL:�EF ) for the purchase by BUYER of ce,.tain real property
sitUL-ed =n said city.
r-hereas, SELLER is owner, in ree, cf certain real property
10::ate:i in she City of" runtinctor. Beach, California mare fully
_escr:Lec as below, arid.. :
so:.:l: half cf the s u"heast a, aster ... trie saa ".r.asz_ ^i-'r er
s: ..,..:west carter o- the northwest a.-,arte:r zf Section
. J�qn:s1:_ 1 so .:tl' _a.n e _l West, ,ssessu_ s ='arwp_,.
._v'c .re se_-, =roper Lnn city.
the parties a=.ree as fS11
i . PVRCHASE PR!_-E - The purchase r.rzce ;or the real
.S $L ti', 'JO t- be :,aid by check :.. dra:.z at c�ssse ..'t
cSCroK,
2 . ESCRO'r. - nne par ties agree to con sur„mate the tra.. cacti ,
_r. escrow with an escrow agent of EU'YER"S choice. SELLER and
BUYER each agree to eXecute all escrow instructions and other
instruments reasonably necessary to close escrow and do all 'things
reasonably necessary to consummate said sale.
3 . CONDITIONS OF CLOSING - The close of escrow and sale are
conditioned upon:
(a) Conveyance to the city of good and marketable fee
simple title subject to the approval of the City
Attornev.
(b) Delivery of CL-.A r^_aliforria Land .',.zle
Association) title insurance ptl:.cy at S *YI:F`S
expense In the account of th:c `zll r`:.»r:i:se _ "`_ce
subject only to such liens, er,cumbra ces,
easements, clou6s, rc-strictior„, co e•, arts or
tonne; ions _ s ray be approve_ Y"r_ inq t=y the
City _. rorney, an, subject to ex er. ._:-.s sett ioY;.t
in paragrap"r. :3f^) .
51 _are _ _le 5.:1':eCt _C i __rre _
_cper taxes w'nic` are : : e;. t "+'E_
..,.ty ,:Jr :+ ia.`..u't. .:,.: t.. da:7...1�.7.� ...�G' 1:_'t: , _ r' el-
and tanks ;n, rye _roperty.
(d ) De�ivery sf possession cf said rrc_er..:"
his nc inee irimediate y on .d=$C cf estirow tree and
Wear cf, al! .:se_ an oc wpa,. cs &x;e!-t -s K'YEP
ra; waive in
e ) in the event flails .pwrkve ar;C _ter In the
preliminary title report, then SrLLI±r shall have no
6bligation to cure any exceptions thereto, and {
BUYER'S sole remedy shall be so terminate this
transaction at no cost to Se:ler<
2.
4 is 86---5 8284
(f) This sale is subject to confirmation of the Orange
County Superior Courc in the matter of the Estate
of James T. Hudson, Deceased, Case Zoo. A-112727.
SELLER shall proceed with due diligence to petition
for court confirmatxan and shall file such petition
within 60 days after the date hereoF.
(9 ) Escrcw shall close no latcr than December 1, 1986,
(h) The property being sold is being sold "as is" .
( i ) BUYER agrees to hold SELLER free and harmless frog.
any Liability wit}, respect to abandon-meat of the
0=1 well and tanks located on :he prer:ises,
i„L_u-ing any oblication cf SE LE= µCitl respect to
`'se c.41 pipe line connecting SELL_ .' 9 cil S`;race
tanks with tl,e C.he%,ron f i.l ;e-.ne.
Sc_7i*aneo;:s un—,sew _..4 ;pe
zr
-e axe ....t
N._r_n sF-.e a,d ne ricr
P
t.".e ....:;Se :f escrow.
Y The SE:.,LEF shall be relie%-e rror c-ny "1'�"...Ii-:atio'3
under tree oll well and equ-, r:e n4 'bon-4 Posted with
the Cl-ty of -Huntington .eac'h, conger.snti the
property being soles
( i ) z�YU , at, _ts sole expense, s:-,all st—,ain a
rel:min,ary title report days after date
of this aSreezrent.
(r) SELLER shall deposit its purcl;ase money into escrow
when advised by the escroe, bolder that all
.a.
jj
conditions have subs",anti ally been performed and
that escrow is in a condition, to close. 5riould
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 an • amounts paid
by it to SELLER or to the escrow hol5er on a co;znt
of the purchase Frice c~ said property. The
exercise of such power by BUYER shall. not, h:'t.w' ver,
constitc:te a waiver b-,, him of any ot er richt'S it
may 'rave ana4 nst SELLEP for Itreach cf tM s
Contract. The escrow hclder s:',a. : be, anti is
hereby, irre y_cahil lnstr'uc ed �y SEiii% o:. ara,
ck~.3it_3ns or fax -s t __ass a.:,_4
receir. -_ _ s _:, 1-1cti ce Or 7YEi ... .1~x.e _a sewn
Co ntracr
4 . 'ROr',7,TIO*<S .- e s":a'I be prorated .__:wee:
BUY-,R on the bases of _ _ 7„
tJ';ir.,t• 13C ) day 1:tGnt.hS S S. aY a � '"�a4 wht
pacific Standard ` ime of the :ate of the cic:se C'i escr->. -,)Ursuant
to this Ccntract .
t" Real j'roF-,e:ty :axes :ev_e6- o. asses se- a=&!:'.st $`._4
( nclu4-ins rr'y pater -a% :r wr tp; .ate
1eviec acainst sa2'.S'y /pr�,pe�S".ty _40r *.-,e wT:rn I'at'InC .^..
watera~.hi.:.4etc) as shown on the latest av&ilalnle tax
bills. The County of Orance will refund all to-xes
paid by SELLER covering periods subsequent t.o title
vest.xns in BLy£R.
4.
;: N
86-518284
(b) premiums on insurance policies acceptab a to BUYER
insuring the improvements and ouildings on said
property aga .nst damage or destruction by fire,
theft, or the elements.
5. BROKERS' COMD1.11SS1ONS--ATTORNEYS' FEES - Any and all
commissions due to rea' estate or other brokers and all fees due
7,:torneys as a result of this sale of Said property shall be paid
by SELLER.
o. EXPENSES OF ESCROV. - The expenses of the escrow
described in this Article sham be paid in the following manner,.
(a) The full cost of securing the title insurance
policy described in Paragraph S cf this Contract
sna.11 oe pa id by BUY, rF.
,b; The cost cf pre arinc executinc, and ackno.,ledging
anv deeds cr __:her :gin strut.>'ents re fired ... _ -ve
t
sC .�'+.. :...+., 3.s :7:1u.. ne'eS ... ,.:.E' .�C,.1ra«.`".
descr.:.ec _r . ..ragrapr . cf ,...ys Ctn tra . si a.l ze
paid ry SELLF:_.
c; fine cost . " recording a grant deed required to
covey title -c said property to K*YEF, or its
nominree as described in of th_s Contract she'll be
paid by BLn-ER.
(d ? ?any escrow fee char aed by the escro,^ holder in
addition to the cost ci the title insurance policy
and
required by this Contract shall be snared by the
SELLER and BUYER and paid by them in eq*:.al
proportionz.
5,
7. 140TICES 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 .n tl7e United States
Trail, first-class postage prepaid, addressed to the parties at the
address shown below. SELLER may charge his address for the
purposes of this section by giving written notice of such change
to BUYER in the manner provided ir. this section.
Address: (BUYER.)
CITY OF FEACF
cffice or the cit,v ?:ttor:ev
n z): i 4
Huntin= .,., ^eacn ,
Address: (SELLER)
GORDON HUDSON, EXECI'�:,F OF THE
WILL CF JAYES T. HUDSO.., ..E1..EASEZ
C"G C. William Carlson
130 Main Street, Si 2te 141-
Huntington Beach, Califcrnic 92645
S. ENTIRE AGREE!I-1-11T ,_ -his instrument contains the entire
agreement between BjY F, and SELLER respecting said property, and
any agreement or representaticn respecting said property or the
r
6.
828
duties of either BUYER or SELLER in relation thereto not expressly
set forth in this in
strument is null and void.
Executed an _ 19s6, at Orange County,
California ��
SELLER: BUYER:
GORDON HUDSON, EXECUTOR CITY OF HUNTINGTON BEACH
OF THE 'SILL OF 3AYIES T. A Municipal. Corporation
H'.:DSON, DECEASED of the State of California.
Gordon-Hudson Kavor ~
i ti;i IATED 7-.NC APPRO ' D: APPROVED AS TO FORS:
i
�r:le4 min strati City _ tto aev
Serv_ces
P.iL iEV EL 6 ArPROV D: JkT EST
City Admini rotor tv u�- C1e.rY
7,
. CITY OF HUNTINGTON
' 20M P.1 ON STREET CALtECRNIA P-2648
OFFICE OF THE CITY CLERK
July 15 , 1386
C. 'William Carlson, Jr.
Attorney at Law
2130 Main Street, Suite 140
Huntington Beach, CA 92648
Enclosed for your record is a copy of an Agreement for Sale of
Real Property between Gordon G. Hudson, Executor of the will of
James T. Hudson and the City of Huntington Beach for purchase of
"Hudson Property" for Huntington Central Park, A.P. 111-071-27
which was approved by the City Council on rune 2, 1986,
Alicia M. Wentworth
Zity Clerk
AMW.:b t
Enclosure
r
REQUE4 FOR CITY COUNCILFACTION
Dace May 16, l t c A'
, C
Submittml to: Honorable Mayor and City Council Members .p � "� bry.✓
Submitted by: Charles W.Thompson, City Administra cL
Prepared by: Robert J. Franz, Chief of Administrative Services
Subject: Purchase of"Hudson.Property" for luntington Central , AP 9111-071-27
Consistont with Council Policy? [X1 Yes [ 1 New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments:
Statement of Issue. The City Council, in the process of acquiring property for the
Huntington Central Park has indicated its desire that the "Hudson Property` should be
included within the par.kmeters of the park boundary.
Recommended Action: Approve the purchase of the property in question in the amount of
$230,000 and authorize the Mayor and iho City Clerk to execute the purchase agreement,
Analysis: The City Council has expressed its desire that the properties contiguous to the
west of the Sully-Miller Lake be purchases) and incorporated into our Huntington Central
Park. The staff has negotiated for several years with the Hudson estate aRtd Its attorney to
this end. The City may now purchase this 1.03 acre parcel including one oil well, pump,
tanks and equipment together with all oil and mineral subsurface rights for$230,000.
The 44,500 square foot property lies on the north side of Ellis Avenue and approximately 300
feet east of Golden West Avenue. The acquisition of this parcel will provide the City with
an r4ccess area to its Sully-Miller Lake and thereby open the lake to the possibility of
development for park purposes.
Funding Source: Unappropriated Park Acquisition and Development Fund balance.
Alternative Action: Do not purchase at this time or price.
Attachments:
1. Proposed Purchase Agreement
2. Plat Maps
3. Fiscal Impact Statement
2161j
PJO 4/84
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SNC 1'V IN C 1,C.
A CITY OF HUNTINGTON
INTER-DEPARTMENT COMMUNICATION
HWINLTOW MACH
To CHARLES W. THOINAPSON From ROBERT J. FRANZ, Chief
City Administrator Administrative Services
Subject APPROPRIATION FOR Date MAY 16, 1986
"HUDSON PROPERTY"ACQUISITION
FIS #86-26
As requested under the authority of Resolution 4832, a Fiscal, Impact Report "S been
prepared and submitted relative to the proposed acquisition of the "Hudson Property" for
Huntington Central Park. Anticipation by the requesting entity.is that an appropriation of
$230,000 would suffice for the project,
An affirmative response by the City Council would reduce the balance of the City's
unappropriated Park Acquisition and Development Fund to$548,627.
Administrative Services Departmevt '><Ir
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CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
►UKMV tsvr�ata
To CHARLES W.THOMPSON F"'rn ROBERT J. FR:ANZ, Chief
City Administrator Administrative Services
Subject APPROPRIATION FOR date MAY 16, 1986
"HUDSON PROPERTY" ACqUISITZON
FIS #86-26
As requested under the authority of Resolution 4832, a Fiscal Impact Report has been
prepared and submitted relative to the proposed acquisition of the "Hudson Property" for
Huntington Central Park. Anticipation by the requesting entity is that an appropriation of
$230,000 would suffice for the project.
An affirmative response by the City Council would reduce the balance of the City's
unappropriated Park Acquisition and Development Fund to $548,627.
Nhief
Administrative Services Department
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„W
CONTRACT OF SALE
AGREEMENT FOR SALE OF RSAL PROPERTY
This agreement is made this day of 1936
by and between the CITY OF HUNTINGTON BEACH, California, a
G.
municipal corporation (,herein called BUYER) , a.nd 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 Beacr), California ;Wore fully
described as below, and, :
The south half of the southeast quarter of the soutl-�nnest 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 t230,000 to be paid by check or draft at close of
escrow.
2. ESCROW - The parties agree to consuAimat:e the transaction
in escrow with an escrow agent of BU-YER"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-
3. CONDITIONS OF CLuSING - The close of escrow and salsa a-e
conditioned upon:
(a) Zonveyance 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 A�torney, 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, unl.�se
disapproved by BUYE?? 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 SUYE.R fails to approve any item in the
preliminary title report, then SELTZER shall have no
obligation to cure any exceptions thereto, and
BUYER'S sole remedy shall be to termin6,te this
tzan6action at no cost to seller.
2..
(f) This sale is subject to confirmation of the Orange
County Superior Court in the matter of the Estate
of .Tames T. Hudson, Deceased, Case No. A-112727.
SELLER shall pro--eed 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 esci:)w.
(k) The SELLER shall be relieved from any obligation
under the oil well and equipment bond posted with
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.
AWL
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 3 waiver by hire of any other rights it
may have -iainst 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 s•.ich 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 BLTYER.
4
(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` COMIISSIONS--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 paid in the following 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 i.nstrumtnts 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 propt<-rty to BUYER or it3
nominee as described in of this Contract shall be
paid by BUYER.
(d) Any escrow fee charged by t'he escrow balder in
addition to the cost of the title insurance policy
required by this Contract shall be shared by Vie
SELLER and BUYER and paid by them in equal
proportions.
S.
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
jpurposes of this section by giving written notice of such change
I
to BUYER in the manner provided in this section.
Address: (BUYER)
CITY OF HUNTINGTON BEACH
offioe of the City Attorney
P.O. Box 2.740
it
Huntington Beach, California 92648
Address; (SELLER)
GORDON HUDSON, EXECUTOR OF THE
WILL OF JAMES T. ITUDSON, 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
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any agreement or representation respecting said property or the
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6.
.:.rG , A-1A L
duties of either BUYER or SELLER in relation thereto not expressly
sec 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
� 4.•t
or orb u. son Mayor
INITIATED ARID APPRO D; APPROVED AS TO FORM:
fr
xe zin stratxv i City Attorney
Serv,,ces
REVIEWED & APPROVED: ATTEST:
2z.1
City �d�ain rator C?. y Clerk