HomeMy WebLinkAboutHaley Family Trust - 1989-04-03 REQ UE91- FOR CITY COUNCto ACTION
Date May 3, 1989
Submitted to: Honorable Mayor and City Council Members APPROVED BY CITY COUNCIL
Submitted by: Paul E. Cook, City Administrato 'L/
Prepared by: Robert J. Franz, Deputy City Administrator Zv
d' -^C J CITY LEF.X
Subject: Seal Beach Property Below Water Tower, AP #178-502-46
Consistent with Council Policy? [A Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue: By Resolution #5890 the City, has ordered sold by bid process, a lot in Seal
Beach known as AP #178-502-46. Bidding took place October 12, 1988 at 3:00 P.M. with Haley
Family Trust placing the highest bid at $331,000.
_Recommendation: Approve and authorize the Mayor and City Clerk to execute the agreement
for sale of real property between the Haley Family Trust and the City for an amount of
$331,000 with a 30 day escrow; proceeds to be placed in the City's general account.
Analysis: The City acquired this property included in a water company purchase in 1966. In
1975 the tower was taken out of service and subsequently sold to a buyer who built a residence
atop the tower. The balance of the property has been rented from the City until its decision to
sell. An appraisal requested by the City came in at a value of $168,000. Minimum bid,
including city costs, was established at $172,000. Oral bidding commencing after the opening of
three sealed bids, brought the ultimate price of the property to $331,000.
Funding Source: Does not apply.
Alternative Action: Continue to rent property.
Attachment: Plat map of property.
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"R BDRY AGREEMENT 79881763
NOTE ASSESSOR S BLOCK 9 ASSESSORS MAP
'4� R. S. 3-45 PARCEL NUMBERS BOOK 178 PAGE 50
SHO IN CIRCLES COUNTY OF ORANGE ��
AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN
THE HALEY FAMILY TRUST AND CITY OF HUNTINGTON BEACH
The Agreement is made this 9/za�. day of
of 1989, by and between the CITY OF HUNTINGTON BEACH, a
California municipal corporation (herein as SELLER) , and THE
HALEY FAMILY TRUST, as described by that certain Trust
Certificate recorded in Book 12886 Page 325 of the Official
Records of Orange County, California (herein as BUYER) , for the
purchase by BUYER of certain real property owned by SELLER.
WHEREAS, SELLER is the owner, in fee, of certain real
property known as Orange County Assessor ' s Parcel No.
178-502-46, more fully described as : That portion of a 60 foot
by 100 foot parcel of land described as Parcel 2 in a Final
Order of condemnation recorded in Book 7974 page 225 in Official
Records, in the office of the County Recorder of said County,
excepting that portion described as follows :
Beginning at the most easterly corner of said parcel; thence
northwesterly 35 . 00 feet along the northeasterly line of said
parcel to a line parallel with and 35 . 00 feet northwesterly from
the southeasterly line at said parcel; thence southwesterly
35 . 00 feet along said parallel line to a line parallel with and
35 . 00 feet southwesterly from the northeasterly line of said
parcel, thence southeasterly 35 . 00 feet along such last
mentioned parallel line to the southeasterly line of said
parcel, thence northeasterly 35 . 00 feet along the southeasterly
line of said parcel to the point of beginning; and
BUYER desires to purchase said property for cash.
NOW, THEREFORE, the parties agree as follows :
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1. AMOUNT OF PURCHASE PRICE
The purchase price for said property shall be the sum
of Three Hundred Thirty-One Thousand and no/100 Dollars
($331, 000 . 00) payable by BUYER to SELLER as follows :
(a) The sum of Thirty-Three Thousand One Hundred
Dollars ($33 , 100 . 00) on execution of this Contract, receipt of
which is hereby acknowledged by SELLER.
(b) The further sum of Two Hundred Ninety-Seven
Thousand Nine Hundred and no/100 Dollars ($297, 000 . 00) upon the
close of escrow as herein provided.
2 . ESCROW
An escrow shall by opened to consummate the sale of
said property pursuant to this Contract at the Orange County,
California office of the First American Title Insurance Company
within ten (10) days from the date hereof .
3 . CONDITIONS OF CLOSING
The close of escrow is expressly conditioned upon:
a. Conveyance to the BUYER of good and marketable
title.
b. Delivery of a California Land Title Association
(CLTA) title insurance policy in the amount of the full purchase
price subject only to such liens, encumbrances, clouds or
conditions as may be approved in writing by BUYER.
C. 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 agree to in
writing.
d. Payment of the full amount of purchase price as
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specified in Section 1 of this Agreement .
e. The duration of the escrow shall be thirty (30)
days .
4 . FAILURE OF CONDITIONS
Should any of the conditions specified in Paragraph 3
of this Agreement fail to occur or escrow fails to close within
thirty (30) days after the date hereof, BUYER or SELLER shall
have the power, exercisable by BUYER or SELLER to give written
notice to the escrow holder and to SELLER or to BUYER as the
case may be, to cancel such escrow, terminate this Agreement and
recover any amounts paid to escrow holder on account of the
purchase price of said property. The escrow holder shall be,
and is hereby, irrevocably instructed by SELLER or BUYER on any
such failure of conditions and receipt of such notice from BUYER
and SELLER to immediately refund to BUYER all monies and
instruments deposited by him in escrow pursuant to this
Agreement .
5 . 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 the following :
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 .
b. Premiums on insurance policies, if any, acceptable
to BUYER insuring said property against damage or destruction by
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fire, theft, or the elements .
6 . BONDS AND ASSESSMENTS
Any bonds or improvement assessments which are a lien
on said property shall, on close of escrow, be paid by BUYER.
7. BROKER' S COMMISSIONS - ATTORNEY' S FEES
Any and all finders fees or commissions due to real
estate or other brokers and all attorney' s fees as a result of
this sale of said property shall be paid by BUYER.
8 . EXPENSES OF ESCROW
The following expenses of the escrow described in this
Agreement shall be paid by SELLER:
a. The full cost of securing the title insurance
policy described in this Agreement .
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 this
Agreement .
C. The cost of recording a grand deed required to
convey title to said property to BUYER or his nominees as
described in this Agreement .
d. Any escrow fee charged by the escrow holder in
addition to the cost of the title insurance policy.
9 . OWNER' S REPRESENTATIONS. COVENANTS AND WARRANTIES
As an express condition precedent to the Close of
Escrow for BUYERS ' benefit, and in addition to any other
representations, covenants and warranties contained in this
Agreement, SELLER makes the following representations and
warranties, each of which is true in all respects as of the date
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of this Agreement, and shall be true in all respects as of the
closing date (as defined in the Escrow Instructions) :
a. Authority to Sign. This Agreement and all the
documents executed by the SELLER that are to be delivered to the
BUYER at closing are, and at the closing will be, duly
authorized, executed and delivered by the SELLER; are, and at
the closing will be, to the best of the SELLER' S knowledge,
sufficient to convey title if they purport to do so; and do not,
and at the closing will not, to the best of SELLER' S knowledge,
violate any provisions of any agreement to which the SELLER is a
party or to which it is subject, including without limitations,
any prior options, purchase agreements and/or escrow
instructions .
b. Existing Contracts . At the closing, there will be
no outstanding contracts made by the SELLER for any improvements
to the property that have not been fully paid, and the SELLER
shall cause to be discharged (in such a manner that the Title
Company will not show the lien(s) as an exception(s) to title
under the Title Policy) , all mechanics ' or materialmen' s liens
arising from any labor or materials furnished to the property
prior to the closing .
C. Title. SELLER has, and will convey to BUYER,
good and marketable fee simple title to the property free and
clear of all liens, encumbrances, claims, rights, demands,
easements, leases, licenses, agreements, covenants, conditions,
and restrictions of any kind or character (including, without
limiting the generality of the foregoing, liens or claims for
taxes, mortgages, conditional sales contracts or other title
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retention agreements, deeds of trust, security agreements an
pledged) except for those exceptions to title shown in the
preliminary report .
d. Litigation. SELLER is not involved in, nor does
SELLER have knowledge of, any claim, proceeding or threatened
litigation, administrative or govenmental proceeding or
investigation, relating to or otherwise affecting the property
or the ability of SELLER to deliver good and marketable fee
simple title to the property.
10 . ATTORNEY'S FEES
In the event of any controversy, claim or dispute
arising out of or relating to this Agreement or the escrow or
any breach of either, the prevailing party shall be entitled to
attorney' s fees .
11 . 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 or 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. Either party may change his address for
the purposes of this section by giving written notice of such
REST OF PAGE NOT USED
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change to the other party in the manner provided in this section.
BUYER: SELLER:
The Haley Family Trust City of Huntington Beach
c/o Jack Haley Director of Administrative
H. I . Properties Services
16812 Pacific Coast Highway 2000 Main Street
Sunset Beach, CA 90742 Huntington Beach, CA 92648
12 . 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 duties of either
BUYER or SELLER in relation thereto not expressly set forth in
this instrument is null and void.
EXECUTED on the day month and year first above written at
Orange County. California .
BUYER: SELLER:
THE HALEY FAMILY TRUST CITY OF HUNTINGTON BEACH
a California muni ?ipal
c corporation
{--�-
Ja k W. Haleyy,Tcbstee Mayor
Jeannette M. Haley, Tru e
ATTEST: APPROVED AS
ASS TO FORM:
City Clerk Cs= /d City Attorney ppA
3-1348 :3- i3-;
REV=.-APP OVED: TE PROVED:
City Administrator rec Administrative
Services
rf
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AP #178-502-46
Order No. •
Escrow No. 0
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $................................................
......Computed on the consideration or value of property conveyed; OR
......Computed on the consideration or valueless liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax - Firm Name
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The City of Huntington Beach, a municipal corporation
a corporation organized under the laws of the State of California does hereby
GRANT to
The Haley Family Trust
the real property in the City of Huntington Beach
County of Orange State of California, described as
See Exhibit "A" attached hereto and by this reference made a part hereof.
Oil Reservation - "EX=ING therefrom all oil, gas and other hydrocarbon
substances and other minerals lying below a depth of 500 feet from the surface of
said land, but without the right of surface entry at any time upon said land or
within the top 500 feet thereof, for the purpose of exploring for, developing,
producing, removing or marketing said substance."
I �
I ted
STAT OF CALIFORNIA
COUN OF—___— _CL — _y
G
O - -f-z � � ,before me,
By ZL
the undersigns a Notary Public in and for said State,personally appear- Mayor
e �C%1 / CC 12.-%LC-✓�C -
i
an
personally known to me B '
evidence]to be the person who executed the within instrument as y City Clerk
P4o ii"tand
on behalf of
t`he corporation therein named,and acknowle ed to me that such cor-
ration executed the within instrument purs t to its by-laws or a
resolution of its board of directors.
�ITNESS my hand and official
seal. y�I
ignature ( / `__ ✓ _ (This area for official notarial seal? 144 6/$2
+ MAIL TAX STATEMENTS AS DIRECTED ABOVE
a
• •
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PORTION OF FRACTIONAL SECTION 24 , TOWNSHIP 5 SOUTH, RANGE 12
WEST, AS SHOWN ON A MAP OF GOVERNMENT SURVEY APPROVED APRIL 7 , 1914
BY FRANK C. GOULD, UNITED STATES SURVEYOR GENERAL FOR CALIFORNIA,
BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE PATENT TO JOHN
C. ORD RECORDED JULY 13 , 1916 IN BOOK 1, PAGE 303 OF PATENTS, RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF THE 50-FOOT RIGHT
OF WAY DESCRIBED IN THE DEED TO PACIFIC ELECTRIC RAILWAY COMPANY,
RECORDED JUNE 15 , 1917 IN BOOK 302 , PAGE 106 OF DEEDS, DISTANT 40
FEET NORTHWESTERLY FROM THE NORTHWESTERLY LINE AND/OR THE
SOUTHWESTERLY EXTENSION THEREOF, OF THE RANCHO LA BOLSA CHICA, AS
SHOWN ON A MAP RECORDED IN BOOK 1, PAGE 431 OF PATENTS, RECORDS OF
LOS ANGELES COUNTY, CALIFORNIA; THENCE NORTHWESTERLY ALONG SAID
NORTHEASTERLY LINE OF THE PACIFIC ELECTRIC RAILWAY COMPANY, 100 FEET;
THENCE NORTHEASTERLY, PARALLEL TO THE NORTHWESTERLY LINE OF RANCHO LA
BOLSA CHICA, 60 FEET; THENCE SOUTHEASTERLY, PARALLEL TO SAID
NORTHEASTERLY LINE OF THE PACIFIC ELECTRIC RAILWAY COMPANY, 100 FEET;
THENCE SOUTHWESTERLY, PARALLEL WITH THE NORTHWESTERLY LINE OF SAID
RANCHO LA BOLSA CHICA, 60 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION DESCRIBED AS FOLLOWS:
THAT PORTION OF A 60-FOOT BY 100-FOOT PARCEL OF LAND DESCRIBED AS
PARCEL 2 IN A FINAL ORDER OF CONDEMNATION RECORDED IN BOOK 7974 , PAGE
225 IN OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS :
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL; THENCE
NORTHWESTERLY 35 . 00 FEET ALONG THE NORTHEASTERLY LINE OF SAID PARCEL
TO A LINE PARALLEL WITH AND 35 . 00 FEET NORTHWESTERLY FROM THE
SOUTHEASTERLY LINE AT SAID PARCEL; THENCE SOUTHWESTERLY . 35 . 00 FEET
ALONG SAID PARALLEL LINE TO A LINE PARALLEL WITH AND 35 . 00 FEET
SOUTHWESTERLY FROM THE NORTHEASTERLY LINE OF SAID PARCEL; THENCE
SOUTHEASTERLY 35 . 00 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO
THE SOUTHEASTERLY LINE OF SAID PARCEL; THENCE NORTHEASTERLY 35 . 00
FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL TO THE POINT OF
BEGINNING.
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• CITYtF HUIVT1PJG1*1V BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 4, 1989
The Haley Family Trust
Jack Haley
H. I . Properties
16812 Pacific Coast Hwy.
Sunset Beach, CA 90742
Enclosed is an executed copy of Agreement for Sale of Real Property
between the Haley Family Trust and the City of Huntington Beach,
A.P. 178-502-46, which was approved by the City Council of the City
of Huntington Beach on April 3, 1989.
Connie Brockway, CMC
City Clerk
CB:bt
Enc.
(Telephone: 714-536-5227)