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HomeMy WebLinkAboutNANCY B. SMILA - 1986-01-21t. • C `O N T RAC T s O 1 F S A L E AGREEMENT FOR SALE:OF REAL PROPERTY An Agreement made this day of ber198 r by and between the CITY OF HUNTINGTON BEACH, California, a municipal corporation (herein as BUYER), and NANCY B. SMILA, a married woman (herein as SELLER), of her separate property, for the purrvchase by BUYER of certain real property situated in said city. Whereas, SELLER is the owner, in fee, of certain real property located in the City of Huntington Beach, California more fully described as: A portion of the SW 1/4, SW 1/4, SW 1/4 of NW 1/4 of Sec. 35, Township 5 S, Range 11W AKA A.P. #111-071-25. Common address: 18488 Goldenwest Street, Huntington Beach, California, except therefrom, the N.85' of the W.115'. BUYER desires to purchase said property for cash and SELLER desires to sell property to city and said property is subject to certain encumbrances of record. Now therefore the parties agree as follows: 1. PURCHASE PRICE -- The purchase price for the real property is-re9e--to be paid by check or draft at close of escrow. .-.� 2. INTEREST CONVEYED - A fee simple subject to (1) the existing oil and'gas lease and such other liens and encumbrances of records as BUYO,,R shall accept, in writing. TELLER to reserve to herself a life estate in the mineral, oil and gas rights. 3. ESCROW - BUYER and SELLER agree to place the trans- action into escrow with an escrow agent of BUYER'S choice. SELLER (1) , ...• ^. iy, is :.. .. and BUYER agree to execute'all.escr'ow instructions and do all things necessary.to consummate said escrow. 4. CONDITIONS OF CLOSING'. The closing or close of escrow are conditioned upon: (a) Conveyance to the city of good and marketable title subject to the approval of the City Attorney. (b) Delivery of CLTA (California Land Title Association) title insurance policy in the amount 'of the full purchase price subject only to such leins, encumbrances, clouds, or conditions as may be approved in writing by the City Attorney. (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 waive in writing. BUYER is aware that there is presently a tenant in possession of the property and will accept title subject to the existing lease (Nelson). 5. FAILURE OF CONDITIONS Should any of the conditions specified in Paragraph 4 of this Contract fail to occur within 30 days after the opening of escrow, BUYER shall have the power, exercisable by the giving by him of written notice to the escrow holder and to SELLER, to cancel such escrow, terminate this Contract, and recover any amounts paid by him 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 he may hava against SELLER for breach of this Contract. The escrow holder shall be, and is hereby, irrevocably instructed by SELLER on any such failure of condi- tions and receipt of such notice from BUYER to immediately refund to BUYER all moneys and instru- ments deposited by him in escrow pursuant to this Contract. (2) 6. PRORATInNS There shall be'prorated between SELLER and BUYER on the basis `of thirty ( 30) 'day months as of 12 z 00 mid•- nib t 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 subsegiient'to title vesting in BUYER. (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. 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. 8. BROKERS' COMMISSIONS---ATTOR.NEYS' 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. 9. 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 4 of this Contract shall be paid by SELLER. (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 4 of this Contract shall be paid by SELLER. (3) (c) The cost of recording a grant:deed`required'to convey title to said property to'hb'YER or his nominees as described in of this Contract and the `cost of recording the need'of Trust described in Paragraph 4 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 arid"BUYER and paid by them in equal proportions. 10. CONTROL OF PROPERTY DURING ESCROW Should any of the improvements on said property be destroyed or substantially damaged prior to the close of escrow as herein provided, BUYER shall have the power, exercisable by the giving of written notice by him to the escrow contract, and recover any and all amounts paid to SELLER or to the escrow holder on account of the purchase price of said property. Any such improvement on said property shall be deemed substantially danaged for the purpose of this paragraph if the cost of restoring such improvement to the condition it is in at the date of th4s Contract exceeds 10% perce.it of the purchase price of said property as provided in this Contract. 12. NOTICES Any and all notices or other communications required or permitted by thi3 Contract or by law to be served on or given to either party hereto, BUYER or SEALER, 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 her address for the purpose_ of this section by giving -written notice of such change to the other party in the manner provided in this section. (4) Address: (BUYER) CITY, OF HUNTINGTON BEACH; "Office .of the, City Attorney P. ,'O. Box 2740 Hi . ntii gt8n Beach, CA 92647 Address: (SELLER) Mrs NANCY B. SMILA C/o Theordore Grussing 20902 Brookiiurst Huntington Beach, CA 92646 13. '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 198�r, at Orange County, California. SELLER: t7ANCY B. SMILA a married woman By Nancy B.I Smila INI , ED, APPROVED: ;C-hie-f of Atiministrative Services / REVIE APPROVED t City .Administrator cs) BUYER: CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By &Lv. L Mayor APPROVED AS TO FORM: J."..4w 11-1z k!5- City Attorney ATTEST: City Clerk v M -� • ��t: �i !►/•..I` IJ/ ,) 1 • •_I • � •_ • •.1. F 1 1 -•I. ' ` ' t I � I J7:- _�'t_.._....y l.•0 ��� L_ «1 ,� •.1� ► L 11 �•1�1..i..(� j(II't ilj :• ! 1 "- �' I ��->J3.:..�._� i �� 1 i + ` �:' ;I ' I l�1��111f� ' ,..: j •.�:�;._.. _.�� iy I ':. ".: • .. ., ' MODU `l i.i.��� : I T 1 ■ [T 77 r I to 1j, 11 I� •� , 1 d Hi C F—'R • . � 1 I It� l• 1 tir,i W 1 ' �._ :. . ..'., v:,w :�'�.L• ;91 ' . • = i N , t ; . ; ; 1 I ''' r fl H to Ig ton i:• �;r Central ark t a' 1: ; ; ; W, I�j �., It ;, •• , (327g ac.) �•t'^t— .: .•. • • 1.. �1 / 111 i 1111,E i � �.�L`•.+. BRADL Y PROPERA 'f .s41 2 0 CF-C 1 _t oil (=inning; Mode turfy Arco 25 9 r. a i .) I HUDSON PROPERTY #.1: ELLIS AVENUE ,1•�° AC• r BRADLEY,,PARCEL ; PLOT'PLAN i } N 1 T Submitted to: Submitted by: Prepared by': subject: REQ U FC R CITY COUNdl AC"T1,0N. Date January 10, .1986, ..--00 Honorable Mayor and City Council Members 1K`f �,. Charles W. Thompson, City Administrator �•�L�1'1� L,.G Dani T. Vil lella for Robert. J. Franz, Chief of Adm1ni tre"5ervices_�t' �L Purchaseof Huntington Central Park "Bradley Pro per�y" Consistent with Council Policy? (X1 Yes [ 1 New Policy or Exception /a �,� C� �� <<<"•�j�' Statement of Issue, Recott mendati ' , Analysis, Funning Source, Alternative Actions, Attacliiiients': Statern`ent of Issue: The City Council, in the process of acquiring property for the Huntington Central Park, has indicated its desire that the "Bradley Parcel" should be included within the parameters of the park boundary. Recommended Action: Approve the attached purchase agreement in the amount of $730,000. Anal sis: The City Council, on March 18, 1985, authorized the staff to enter into negotiations for the purchase of the above property in the amount of $770,000. This reflects both land and improvements. The following are a few points for considering the present to be the appropriate time to act in this purchase: A. This property, on the northeast corner of Golden West and Ellis, with its high visibility would act as a window to the park from the south. The control of this corner by the City would seem to be essential as a buffer to commercial encroachment. D. The City is purchasing from a willing seller, in this case an estate, without the necessity of a costly and time consuming condemnation proceeding. i . In that we are not using State Bond monies, we have been able to negotiate a purchase below the appraised value of $770,000, dated 09/10/84. ED. The City will ultimately be acquiring all oil/mina;.! rights to the property at the 'demise of the present heir. The value of these rights were not included in the abovementioned appraisal. E. The present tenant, Nelson auto, may remain in possession of the improvements on the property for another seven years, until 03/31/93, with an annual rent of $80400. A f inal rental adjustment based on C.P.I. may be made 04/01 /88. F. 'There is good evidence that the substantial concrete block and steel building presently used by Nelson Auto on the premises for repair of heavy vehicles could be quite avant€geous for the City's Police, Fire and Park Maintenance. G. The cost. of the street improvements on both Golden West and Ellis might be reimbursed to the ..City out of Gas Tex Funds in the amount of approximately $100000 plus or minus. PO 4/84 qE:QUEST FOR COUNCIL ACTION Purchase of Huntington Central Park "Bradley Property", 'AP # 1 11-071-25 Fundinq'Source: Fiscal Year 1985/B6 Park Acquisition and Uevelopme -t Account #790765. Alternative Action: Reject or modify the agreement. Attachment: Proposed purchase agreement. 1911j 159--20 i59= Z i C4 35 00 sp 1 308 9.42 AC. 71 - i // AC. 4.57AC. (A C. PAf. 27 - 30 o�: Sr -30 o 4.IZAC. ACV 0 1.7.54AC. vlil deww 5.28AC. 0.42 AC.L-' 11 'Ar 17 Aa. Mr'AC. 4.06 AC." 4 60.4 a' '291- 4.A;Aa- 3.Z4, P.47 I Ok' 125AC 4.70.4a 4.70 AC. 4.70 6. 2 V NO TE. A PARCTL IN SHOWN"