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HomeMy WebLinkAboutHine, Frances D. AP 024-148-20 - 1988-01-01 / At tic-cam. REQUES FOR CITY COUNCIACTION Date Ma APPROVED BY CITY COUNCI4, Submitted to: Honorable Mayor and City Council Members __19iL Submitted by: Paul E. Cook, City Administrator Prepared by: r CITY c xK Douglas N. La Belle, Deputy City Administra o ommum eve opmen Subject: AUTHORIZATION FOR THE ACQUISITION & APPROVAL OF THE CONTRACT OF SALE FOR PARCEL (APN 24-148-20) OWNED BY FRANCES D. HINE IN THE MAIN-PIER REDEVELOPMENT PROJECT AREA Consistent with Council Policy? Yes [ ] New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: The attached Agreement of Sale is in accord with City action to purchase properties on a willing-seller basis in the Main-Pier Redevelopment Project Area. The attached Agreement represents the purchase of property by the City of Huntington Beach owned by Frances D. Hine located at 3rd Street and 5th Street. RECOMMENDATION: Authorize the acquisition of the structure and property, approve the attached Agreement for Sale which includes the following points: 1. The City will purchase APN 24-148-20, Lot 21, Block 203 of the Huntington Beach Tract and the structure thereon at the negotiated agreed upon price of $150,000, cash. 2. The City will pay all costs of escrow fees and title insurance. 3. The City will agree to a sixty (60) day escrow. ANALYSIS: The City has authorized the appraisals and negotiations for purchase of properties on a willing-seller basis within the Main-Pier Redevelopment Project Area. The staff, through our property acquisition consultant, has negotiated with Frances D. Hine to purchase her lot and improvements at 211 3rd Street. The city's appraiser indicated in his appraisal that the market value of the property was $145,000. We are recommending that the City approve the acquisition of this parcel at a price of $5,000 above the appraised market value for the following reasons: No 5/85 f f • A 1. The purchase at the higher price will allow the City to utilize this property in the near future. 2. The Administrative settlement for the additional $5,000 (3.3%) will allow a timely conclusion of the acquisition process on this parcel and enhance efforts of development in the second block of the Main—Pier Redevelopment Project Area. The structure on the property is used as a single family dwelling. The acquisition of this parcel will assist in the consolidation efforts to accommodate development in the second block of the Main—Pier project. FUNDING SOURCE: Account No. 812-601. ALTERNATIVE ACTION: Do not approve the property and improvements acquisition or modify the offer. ATTACHMENTS: 1)Map 2)Agreement of Sale PEC/DLB/GG:jr 0099d AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN FRANCES D. HINE AND THE CITY OF HUNTINGTON BEACH This Agreement made this V day of March, 1988 by and between OF THE CITY OF HUNTINGTON BEACH, California, a municipal corporation (herein as BUYER) , and FRANCES D. HINE, a single woman (herein as SELLER) , for the purchase by BUYER of certain real property. Whereas, SELLER is the owner, in fee, of certain real property located in the City of Huntington Beach, California more fully described as : Lot 21 in Block 203, as per Map recorded in Book 3, Page 36 of Miscellaneous Maps, in the Office of the County Recorder of said County. BUYER desires to purchase said property for cash and SELLER desires to sell property to the BUYER: NOW THEREFORE, the parties agree as follows : 1 . PURCHASE PRICE . The purchase price for the real property is One Hundred Fifty Thousand no/100 Dollars ($150 ,000 . 00 ) . 2 . ESCROW. BUYER and SELLER agree to execute the escrow instructions and do all things necessary to complete said escrow in conformance therewith as attached hereto and incorporated herein by this reference as exhibit "A" . 3 . CONDITIONS OF CLOSING . The close of escrow is conditioned upon: a . Conveyance to the City of good and marketable title subject to the approval of the City Attorney . -1 b. Delivery of 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 the City Attorney. C . Delivery of possession of said property to BUYER or its nominee, immediately on close of escrow, free and clear of all uses and occupancies except as BUYER may agree in writing. 4 . FAILURE OF CONDITIONS . Should any of the conditions specified in Paragraph 3 of this Agreement fail to occur within thirty (30 ) days after the date hereof, BUYER shall have the power , exercisable by BUYER to give written notice to the escrow holder and to SELLER 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 BUYER on any such failure of conditions and receipt of such notice from BUYER to immediately refund to BUYER all monies and instruments deposited by him in escrow pursuant to this Agreement at BUYER' s option only. 6 . PRORATIONS . Insurance, Insurance Premiums, and Possessory Interest Tax . 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 -2- latest available tax bills . The County of Orange by law will refund all tax paid by SELLER covering periods subsequent to title vesting in BUYER. b. Premiums on insurance policies acceptable to BUYER insuring the improvements and buildings, if any, on said property against damage or destruction by fire, theft, or the elements . 7 . BONDS AND ASSESSMENTS . Any bonds or improvement assessments which are a lien on said property shall, on close of escrow, be paid by SELLER, except those liens imposed by the City of Huntington Beach or the Redevelopment Agency of the City of Huntington Beach. 8 . 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 SELLER. 9 . EXPENSES OF ESCROW. The following expenses of the escrow described in this Article shall be paid by BUYER: 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 grant 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. -3- 10 . 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 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 to the BUYER; 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 she 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 -4- • 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 retention agreements, deeds of trust, security agreements and pledges) except for those exceptions to title shown in the Litigation Guarantee as items 3 & 4 and attached hereto as Exhibit "B" dated February 5, 1988 which shall be replaced by a title insurance during escrow hereof . SELLER shall not encumber, modify or diminish title to all, or any portion of or interest in, the property without BUYER'S written consent . d . Litigation. SELLER is not involved in, nor does SELLER have knowledge of, any claim, proceeding or threatened litigation, administrative or governmental 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 to BUYER. e . Tenants. There are no tenants on the property except those approved in writing by BUYER. 11 . 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 . 12 . THREAT OF CONDEMNATION. The parties agree that the property being conveyed is under threat of condemnation by the -5- BUYER. BUYER agrees to supply SELLER with a letter evidencing its intention to condemn. 13 . 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. SELLER may change his address for the purposes of this section by giving written notice of such change to the BUYER in the manner provided in this section. Address : (SELLER) Address : (BUYER) Frances D. Hine City of Huntington Beach 1123 loth Street #H c/o Office of the City Attorney Santa Monica, CA 90403 of the City of Huntington Beach P.O. Box 2740 Huntington Beach, CA. 92647 REST OF PAGE NOT USED -6- 14 . 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 h"L 1988, at Orange County, California. SELLER: BUYER: Frances D. Hine, The CITY OF HUNTINGTON BEACH, an unmarried woman a municipal corporation of the State of California Frances D. Hine UO ATTEST* AS TO FORM: Agency Clerk 3-),3 3 City Attorney R ANDR D: IN IA D AND AP R City Administrator t City Adminis rator/ Dir for of Community Development rf -7- - , 3 tQ { t+ �• t vl� l 20 /T /00I rNm � : Q - , J•�c?_ riy _ �r B i3 cn +• cn m Cr n 17 11 � 1c� , � 6rn rr c > ^' 12 c rn 'J •s• ' irl.of ` "' '` `F ''T] ' yJr y Can � t AVENUE Cn n o c' -,.- v to C rn C.) C " m - nAL ] ti w 1 e ?s 7 — lo' v c� ice' -J b 5 i. f — 3 24 23 19 rf Y 22 36 22 - 9 N 14 /7 � y 1 Jb JJ5 15i 7 c- fry-s IA • 4 T 21 =µ .Z `r 3 AO ,VENUE $ r r 1 NOT - A SSESSOR'S BLOCK a ASSESSOR'S MAP - PARCEL NUMBERS BOOK 24 PAGE' 14 SHOWN /N CIROLES COUNTY OF ORANGE PARCEL NO: 024-148-020 TITLE REPORT NO: 14470 N ! p L PROJECT: MAIN-PIER REDEVELOPMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this day of 198 , by and between the CITY OF HUNTINGTON BEACH, (hereinafter called "Buyer"), and the undersigned owner(s) (hereinafter called "Seller") for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY ACREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement, all that certain real property (hereinafter called "Property") situated in the City of HUNTINGTON BEACH, County of ORANGE, State of California, and legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes incidental to the. exploration for and production of oil, gas, hydrocarbon substances or minerals from said or other lands but without, however, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever. 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow shall be the sum of ONE HUNDRED FIFTY THOUSAND AND NO/100. . . . . . . . . . . . . . . . . . . . . . . . .DOLLARS ($150,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes EXCLPT: A. Taxes: Second Half Fiscal Year 1987-88. B. Quasi-public utility, public alley, public street easements and rights of way of record. C. Items numbered 3,4, of the above numbered title report issued by FIRST AMERICAN TITLE INSURANCE CO, dated DECEMBER 30, 1986 D. NONE 4. TITLE INSURANCE POLICY. Escrow Agent shall., following recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy and Title Insurance in the amount of $ 150,000.00 , issued by FIRST AMERICAN TITLE INSURANCE COMPANY , showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefor. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at FIRST AMERICAN TITLE INSURANCE COMPANY Thi-s Agreement constitutes the joint escrow instructions of Buyer and Seller, and Lscrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. Page 1 of 4 Seller has executed d handed a deed to Buyer, conjVently with this Agreement. As soon as possibleWer opening of escrow, Buyer w deposit the executed deed, with Certificate of Acceptance attached# with Escrow Agent on Seller's behalf, Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the property; B. Escrow is not to be concerned with proration Seller's taxes for the current fiscal year if this escrow closes between July 1 and November 1 unless current tax information is available from title insurer. In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph C below. From July 1 and ensuing period, when tax information is not available, Seller's prorata portion of taxes due to close of escrow, shall be cleared and paid by Seller, outside escrow, pursuant to provisions of Section 5082 through 5090 of the Revenue and Taxation Code of the State of California; C. From the date that tax information is available, as per Paragraph B above, up to and including June 30th, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing statement; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: E. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; F. Pay and charge Buyer and Seller for any escrow fees, charges and costs payable under Paragraph 6 of this Agreement; G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 60 days from date of these instructions, any party who then shall have fully complied with his instructions may, in writing, demand the return of his money or property; but if none have complied no demand for return thereof shall Page 2 of 4 be recognized until ive (5) days after Escrow Age shall have mailed copies of such demand to all Oer parties at the respective a esses shown in these escrow instructions, and if any objections are raised within said five (5) day period, Escrow Agent is authorized to holdall papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10 and to its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all usual fees, charges and costs which arise in this escrow. 7. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current and correct statement of rentals on form furnished to Seller and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month consistent with that Statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies and leases (written, unwritten, recorded or unrecorded) agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, except: NONE 8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. 9. COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10, CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Sellers's statement to Buyer; purpose being to ascertain if any reimbursements are due Seller. 11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event of loss or damage to the real property or any improvements thereon, by fire or other casualty, shall occur prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of said property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 12. EMINENT DOMAIN DISMISSAL. Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Orange wherein the herein described property is included and also waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements and expenses incurred in connection therewith. 13. POSSESSION AND DISPOSITION OF SELLER'S FURNITURE. Possession of real property shall be given to Buyer upon the recording of Seller's deed. All Seller's furniture and furnishings shall remain the property of Seller and Seller shall have the right at any time to remove or otherwise dispose of all or any portion of same, provided that all tenants occupying the premises at the time Seller's deed is recorded shall be entitled to continue to use the furniture and furnishings then being used by them until they vacate each of their respective apartments or living spaces, and provided that within thirty (30) days after notice from Buyer that the premises have been vacated, Seller will remove or otherwise dispose of all such Page 3 of 4 t furniture and furnishs. All furniture and furnishi� remaining on the premises after 30 days shall ecome the property of Buyer Buyer may dispose of same without liability no it elene evee fit, Guyer shell not be liable for any loss of or damage to said furniture or furnishings, regardless of when such loss or damage occurs. 14. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 15. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to them through this escrow constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's purchase of the subject property and Seller's dislocation from same, specifically including, but not limited to, the value of the land and improvements, the value of their improvements pertaining to the realty, any and all relocation benefits to which Seller may be entitled under applicable statute and laws, any and all loss of business goodwill, or any and all other claims that Seller may have whether or not specifically mentioned herein. Seller further agrees to execute any and all documents required by Buyer to effect this full and complete settlement. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. SELLER MAILING ADDRESS OF SELLER A FRANCES D. HINE 1123 LOTH STREET #H SANTA MONICA, CA 90403 BUYER CITY OF HUNTIN CH MAILING ADDRESS OF BUYER 2000 MAIN STREET • HUNTINGTON BEACH, CA 92648 Page 4 6f 4 1 PARCEL NO. 024-148-20 LEGAL DESCRIPTION LOT 21 IN BLOCK 203, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. e EXHIBIT "A" Form 1283.1 Guarantee Fo*m (Rev.No. 1 Part 1 • ( / Jig l.-(/� (Rev.5-3.7�j LITIGATION GUARANTEE LIABILITY $ ORDER NO. 5,000.00 OR-1447614 FEE $ YOUR REF. 125.00 Hines 24-148-20 SUBJECT TOTHE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE. First American Title Insurance Company a corporation, herein called the Company, GUARANTEES City of Huintington Reach herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,according to the public records, on the date stated below, t. The title to the herein described estate or interest was veste;. in the vestee named,subject to the matrers shown as Exceptions herein, which Exceptions art not necessarily shown in the order of their priority; 2. The necessary parties defendant in an action to condemn said land are as herein stated. Dated: December 30, 1986 at 7:30 A.M. First American Title Insurance Company BY PRESIDENT R eY { Y t �"'� ASSISTANT SECRETARY Mandy Ovens t4j"'A- 13 Page 2 S.T A M E.R c 1� 9 � � 2 R LITIGATION GUARANTEE OR-1447614 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN . FRANCES D . HINE, AN UNMARRIED WOMAN BY DEED TO HER DATED MAY 13, 1980 FROM CARL BERNTHAL AND EUGENE S . BERNTHAL RECORDED JUNE 2, 1980 AS INSTRUMENT NO. 358, IN BOOK 13622, PAGE 1816 OF OFFICIAL RECORDS . STAMPS $110 . 00 . THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS GUARANTEE IS , A FEE . EXCEPTIONS : 1 . SECOND INSTALLMENT GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1986-1987, AMOUNT $595 . 06 ; CODE AREA 04-034 , A . P . NO. 024-148-20 . 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE . 3. COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED IN BOOK 115, PAGE 21 OF DEEDS, BUT DELETING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN. 4. A SUBSURFACE COMMUNITY OIL AND GAS LEASE , EXECUTED BY FRANCES D . HINE, A SINGLE WOMAN, AS LESSOR , AND R . K . SUMMY, INC . , A CORPORATION, AS LESSEE, RECORDED MARCH 4, 1982 AS INSTRUMENT NO. 82-075055 OF OFFICIAL RECORDS, COVERING SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE THEREOF, WITHOUT THE RIGHT OF SURFACE ENTRY ABOVE SAID DEPTH, FOR THE PERIOD AND UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED, REFERENCE BEING MADE TO THE RECORD THEREOF FOR FULL PARTICULARS . NOTE : THE LESSEE'S INTEREST UNDER SAID LEASE HAS BEEN ASSIGNED TO AMERICAN PETROFINA COMPANY OF TEXAS, A DELAWARE CORPORATION BY ASSIGNMENT WHICH RECORDED AUGUST 11 , 1982 AS INSTRUMENT NO. 82-280014 OF OFFICIAL RECORDS, REFERENCE BEING HEREBY MADE TO THE RECORD THEREOF FOR FULL PARTICULARS. PAGE 3 S C A M E R C h 2 ;R LITIGATION GUARANTEE OR-1447614 SAID NECESSARY PARTIES (OTHER THAN THOSE HAVING A CLAIM OR INTEREST BY REASONS OF MATTERS SHOWN IN EXCEPTIONS NUMBERED 1-4) TO BE MADE DEFENDANTS IN SAID ACTION TO BE BROUGHT BY CITY' OF HUNTINGTON BEACH, AS PLAINTIFF, ARE AS FOLLOWS : FRANCES D . HINE (OWNER ) 1123 LOTH STREET SANTA MONICA) CALIFORNIA 90403 THE LAND REFERRED TO IN THIS GUARANTEE IS SITUATED IN THE STATE OF CALIFORNIA) COUNTY OF ORANGE , CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS : LOT 21 IN BLOCK 203, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY . PAGE 4 91 $ 133d1S �� ,sv V = o -�-- _ � �� � ► y �1 � Q c�i N °' M �. w� Q Liu Y Z qp m b a L er tff \ 1- .� Oi CJ T-.. i tZ ' ' ,f C— NIVN k J cm C*4 Q� .._l a h t TO =C) $ 133d1S H1 S ►O N N M et m I h I Q O In •� �99 ^ h — .'r N N N 0 ` �'fr N ti N b O ti OO 0 b O N b � N M a O+ Sf N L U 0 133d1S 'H1 9 n 2 �O • C :r J m m m M tt Z s 0 ?N 0 Q N 1D N J `• O '� M N N tD _�{•_ :, � 133d1S Ht L h i, TITLE ORDER N0. 1447614IF • PARCEL NO. 024-148-020 A. P. NO. 024-148-020 PROJECT: MAIN-PIER REDEVELOPMENT RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 FREE RECORDING REQUESTED Essential to acquisition by CITY OF HUNTINGTON BEACH, CA See Govt. Code 6103 GRANT DEED C;`f FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANCES D. HINE, A SINGLE WOMAN hereby GRANT(S) to the CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION the following described real property in the City of Huntington Beach, County of Orange, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes incidental to the exploration for and production of oil, gas, hydrocarbon substances or minerals from said lands but without, however, the right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever. 1 f� \ Date' FRANCES ll. HINE State of California County of f c.s )ss On I�AW.14 II 15 4 before me, the undersigned a Notary Public in and for the State, personally appeared FRAI~<'re N F personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) _ I_S subscribed to the within instrument and acknowledged that 5(A executed same. WITNESS my hand and official seal. OFFICIAL SEAL, JAMES M. SHINN Signature Notary PubIk • CaBfomie PRINCIPAL WTI" IN LOS AWALES COUNTY MY COMMMSION EXPIRES DECEMCER 3, 1991 PARCEL NO. 024-148-20 LEGAL DESCRIPTION LOT 21 IN BLOCK 203, AS PER MAP RECORDED IN BOOK 3, PACE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT "A" PARCEL. NO: 024-148-020 • TITLE REPORT NO: 144761411P PROJECT: MAIN-PIER REDEVELOPMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY (ESCROW INSTRUCTIONS) THIS AGREEMENT is entered into this day of 198_, by and between the CITY OF HUNTINGTON BEACH, (hereinafter called "Buyer") , and the undersigned owner(s) (hereinafter called "Seller") for acquisition by Buyer of certain real property hereinafter set forth. I.1' IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1 . AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this agreement , all that certain real property (hereinafter called "Property") situated in the City of HUNTINGTON BEACH, County of ORANGE, State of California, and legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Excepting and reserving all oil, hydrocarbon substances and minerals of every kind and character lying more than 500 feet below the surface of said land, together with the right to drill into, through, and to use and occupy all parts of said land lying more than 500 feet below the surface thereof for any and all purposes -incidental to the exploration fur and production of oil, gas, hydrocarbon substances or minerals from said or other lands but without, however, any right to use either the surface of said land or any portion of said land within 500 feet of the surface for any purpose or purposes whatsoever. 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow shall be the sum of ONE HUNDRED FIFTY THOUSAND AND N011.00. . . . . . . . . . . . . . . . . . . . . . . . .DOLLARS ($150,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer marketable fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases and taxes EXCEPT: A. Taxes: Second Half Fiscal Year 1987-88. B. Quasi-public utility, public alley, public street easements and rights of way of record. C. Items numbered 3,4, of the above numbered title report issued by FIRST AMERICAN TITLE INSURANCE CO. dated DEC1EM13ER 30, 1986 _ D. NONE 4. TITIY INSURANCE POLICY. Escrow Agent shall , following recording of deed to Buyer, provide Buyer with CLTA Standard Coverage Policy and Title Insurance in the amount of: $ 1.50,000.00 issued by FIRST AMERICAN TITLE INSURANCE. COMPANY , showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefor. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at _ FIRST AMERICAN TITLE INSURANCE COMPANY This Agreement constitutes the joint escrow .instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties Hereto agree to do all acts necessary to close this escrow in the shortest possible time. Page 1 of 4 Seller has executed *As handed a deed to Buyer, concu tly with this Agreement. soon as possible aopening of escrow, Buyer wil posit the executed deed, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non-delinquent assessments or bonds against the property; B. Escrow is not to be concerned with proration Seller's taxes for the current fiscal year if this escrow closes between July 1 and November 1 unless current tax information is available from title insurer. In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph C below. From July 1 and ensuing period , when tax information is not available, Seller's prorata portion of taxes due to close of escrow, shall be cleared and paid by Seller, outside escrow, pursuant to provisions of Section 5082 through 5090 of the Revenue and Taxation Code of the State of California; C. From the date that tax information is available, as per Paragraph B above, up to and including June 30th, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest if said current taxes are unpaid after December 10 and/or April 10. At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing statement ; D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: E. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; F. Pay and charge Buyer and Seller for any escrow fees, charges and costs payable under Paragraph 6 of this Agreement; G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by Buyer, which shall be made by Buyer upon demand of Escrow Agent before close of escrow) this escrow is not in condition to close within 60 days from date of these instructions, any party who then shall have fully complied with his instructions may, in writing, demand the return of his money or property; but if none have complied no demand for return thereof shall Page 2 of 4 be recognized until (5) days after Escrow Agen all have mailed copies of: such demand to all of parties at the respective ad ses shown in these escrow instructions, and if any objections are raised within said five (5) day period , Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, proceed with closing of: this escrow as soon as possible. Responsibility for Escrow Agent under this Agreement is expressly limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10 and to its liability under any policy of title insurance issued in regard to this transaction. 6. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all usual fees, charges and costs which arise in this escrow. 7. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current and correct statement of rentals on form furnished to Seller and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30-day month consistent with that Statement, subject to approval of Buyer. Seller hereby agrees not to rent any units on the premises which are now vacant, or which may be vacated by present occupants prior to close of escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies and leases (written, unwritten, recorded or unrecorded) agrees to hold Buyer harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of property exceeding a period of one month, and Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Seller for a period exceeding one month, except: NONE 8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections. 9. COUNTERPARTS. This agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 10. CL.OSING STATEMENT. Seller instructs Escrow Agent to release a copy of Sellers's statement to Buyer; purpose being to ascertain if any reimbursements are due Seller. 11 . LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event of loss or damage to the real property or any improvements thereon, by fire or other casualty, shall occur prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of said property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. 12. EMINENT DOMAIN DISMISSAL. Seller hereby agrees and consents to the dismissal or abandonment of any eminent domain action in the Superior Court of the State of California in and for the County of Orange wherein the herein described property is included and also waives any and all. claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements and expenses incurred in connection therewith. 13. POSSESSION AND DISPOSITION OF SELLER'S FURNITURE. Possession of real property shall be given to Buyer upon the recording of Seller's deed. All Seller's furniture and furnishings shall remain the property of Seller and Seller shall have the right at any time to remove or otherwise dispose of all or any porL.ion of same, provided that all tenants occupying the premises at the time Seller's deed is recorded shall be entitled to continue to use the furniture and furnishings then being used by them until they vacate each of their respective apartments or living spaces, and provided that within thirty (30) days after notice from Buyer that the premises have been vacated, Seller will remove or otherwise dispose of all such Page 3 of 4 furniture and furnish' All furniture and furnishi remaining on the premises after 30 days shall*come the property of Buyer 0 Buyer may dispose of same without liability as it alone sees fit. Buyer shall not be liable for any loss of or damage to said furniture or furnishings, regardless of when such loss or damage occurs. 14. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 15. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to them through this escrow constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's purchase of the subject property and Seller's dislocation from same, specifically including, but not limited to, the value of the land and improvements, the value of their improvements pertaining to the realty, any and all relocation benefits to which Seller may be entitled under applicable statute and laws, any and all loss of business goodwill, or any and all other claims that Seller may have whether or not specifically mentioned herein. Seller further agrees to execute any and all documents required by Buyer to effect this full and complete settlement. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties, neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. SELLER MAILING ADDRESS OF SELLER FRANCES D. HINE 11.23 LOTH STREET #H SANTA MONICA, CA 90403 BUYER CITY OF HUNTIN�TOR } CH MAILING ADDRESS OF BUYER 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 Page 4 of. 4 • PARCEL NO. 024-148-20 LEGAL DESCRIPTION LOT 21 IN BLOCK 203, AS PER MAP RECORDED IN BOOK 3, PACE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EX111BIT "A" CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 29, 1988 Frances D. Hine 1123 - 10th Street #H Santa Monica, CA 90403 Enclosed is a copy of an agreement for acquisition by the City of Huntington Beach of property located at 3rd Street and 5th Street in the City of Huntington Beach. Enclosed is a copy of the agreement for your records. Connie Brockway City Clerk CB:bt Enc. I Tele phone:714-536-6227)