HomeMy WebLinkAboutNancy Bradley Smila - Bradley, Muhl & Associates - Surface R (2) ,Srn-1111)
111--lz--e • '21- Ce,vt-Cri
7 1 0 7
• • , in CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
•
•
August 15, 1989
Theodora Grussing, Attorney at Law
20422 Beach Blvd. , Suite 220
Huntington Beach, CA 92648
The City Council of the City of Huntington Beach at the regular
meeting held Monday, August 7, 1989, approved agreement for sale
of real property interest between Nancy Bradley Smila; Bradley,
Muhl & Associates and the City of Huntington Beach in the amount
of $30,000 to remove right-of-entry impediment and accepted -
Quitclaim deed for said property, AP 111-071-25.
Enclosed is an executed copy of the agreement for your records.
Connie Brockway,
City Clerk
CB:bt
Enc.
(Telephone: 714-536-5227)
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REQUES• =0R CITY COUNCIL ►CTION
July 12, 1989
Date
Submitted to: HONORABLE MAYOR AND CITY COUNCIL
Submitted by: PAUL E. COOK, CITY ADMINISTRATOR f'�
ROBERT J. FRANZ, DEPUTY CITY ADMINISTRATOR %�
Prepared by: �L�
Subject AGREEMENT FOR PURCHASE AND DEED FOR
BRADLEY/SMILA SURFACE RIGHT OF ENTRY FOR APPROVED BY CIT UNCIL
OIL EXPLORATION OVER AP #111-071-25 P
O — 19__
Consistent with Council Policy? pal Yes [ ] New Policy or Exceptio
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
STATEMENT OF ISSUE: ��j14 S/0Z.Z.
The City of Huntington Beach needs to acquire the Rights of Surface Entry to the
property known as AP #111-071-25 located on the NE corner of Ellis/Golden West..
RECOMMENDATION:
Approve the purchase agreement in the amount of $30,000.00 to remove this
Right-of-Entry Impediment and authorize the proper officials execute these documents..
ANALYSIS:
The City of Huntington Beach closed escrow on June 12, 1986 on a parcel of land on the
NE corner of Ellis and Goldenwest. The property was originally purchased for future park
purposes. At the time of purchase, the parcel was being leased for a trucking shop and
storage area.
The sellers of the property retained Rights of Surface Entry for oil exploration purposes
when selling to the City. This was acceptable at that time with the then use and the fact
that the seller owned an interest in an abandoned oil well on the property and still retains
a Life Estate in an active well there known as "Bradley, Muhl and Associates #2.
Subsequently, when the area was cleared for a mobile home park, two wells were
abandoned and another was properly recapped leaving only the producing well described
above.
Now, with the City developing the property as a mobile home park for relocatees, we
must purchase this Surface Entry Pight to preclude oil exploration on this property. The
purchase in the amount of $30,000.00 will remove this nuisance factor.
FUNDING SOURCE:
Mobile Home Park Improvement Fund #E-TM-ED-802-6-39-00.
ALTERNATE ACTION:
Reject or modify the purchase.
ATTACHMENT:
Purchase agreement and deed.
AP 41.11-071-25
RECORDING REQUESTED1
C1ty. of Hunti ng•ton, Beach
89-448746
1 �d L t
AND WHEN RECORDED MAIL TO
r --1 EXEMPT
Name Cityoficltunti..ng-ton Beach
Street '2'.O�OOcMa=i�n�:St:reet•=• •
45Iress ,,k'=i h
,:H irit.1 n.gton,IBeaah _CA 92648 RECORDED IN OFFICIAL RECORDS
i ty& OF ORANGE COUNTY,CALIFORNIA
State L Attn: City Clerk J 2:00 AUG 2 3 1989
, MAIL? STATEMENTS TO- PM._.___.
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Name - MAIL TAX•STAT ME.= S�T,O.RETURN ADD, ,S$ABOVt ' Cl`3�4�
1�T= � �, RECORDER
._, �.s.--,:None -- .
Street ,. z5�rS_+{ r
Address rr��- -its_�- -.
City& '., _ 4 7'... -
state L J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
CAT. NO. NN00580 Individual Quitclaim Deed
TO 1922 CA(2-83) THIS FORM FURNISHED BY TICOR TITLE INSURERS Tax-Exempt-Government Agency
•
CITY OF HIINTINGTON BEACH
i" Connie Brockway, CMC
The undersigned grantor(s)'declare(s): (��
z Documentary transfer tax is $ c ,. B City Clerk
'• (•x ) computed on full value of property conveyed, or �'� • y
, ( ) computed on full value less value of liens and encumbran'"Ces'femaining at time ofCsafe.ry ity Clerk 11
;I ( ' ) Unincorporated area: (x ) City of Huntington Beach , and
l ;
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
' - .Nancy Bradley Smila, a married woman, and.Fred Muhl & Nancy Bradley Smila, General
i It
Partners of Bradley, Muhl & Associates, a California General Partnership.
1 { w. hereby REMISES, RELEASES AND QUITCLAIMS to
....L ilac 2lE1-'".6•-&'.Iunt'in�+nr,»Re-af..h- .;a.-Myin.i-e.:4,nal.._Ccar..6�ra.:f ion...--....: .,.,,, �:,:,,,,,..:z:.t�as.
• 1:,.:a „the following.described real property in the city of Huntington Beach •
a ,County of Orange State of California:
` •
'' '5 'All- surface rights to exploit the mineral, oil & gas rights to the following
'T c• described property, except for that portion of the surface needed to maintain
c:,7 `operations on and access to the Well known as "Huntington #2" which exists on
the property.
l ' ' ' The Southwest quarter of the Southwest quarter-of- the Southwest quarter of the
N'., 5,•
Northwest quarter of Section 35, Township 5 South, Range 11 West, in the Rarichb
:',, Las Balsas•, as shown on a Map' thereof recorded in Book 51, Page 13, Miscellaneous
_ ` Maps., recoids• of said Orange-cCounty, California.
11
'; . , ` ' Excepting therefrom the Northerly 85 feet of the Westerly 115 feet thereof.
This document is solely 'for the
APPROVED AS TO FORDED official business of the City
. GAIL HUTTON of Huntington Beach, as contem-
Cr/' ATTORNEY: plated under Government Code
See. 6103 and should be recorded
D;:: ;r City I�ttorneSP free of charge.
Dated: DECEMBER 30, 1988 ://1/4" ..e � /Y�-e c z , 1 _.__ .. � .._ a. .z/k T ?m �(f s i c <anm a n
i 4c\1Y6- U,nt?i.u�j 1 ,
t
STATE OF� k,'<X TEXAS / �-�/ff
;;.i , l F FD UHL,Gener Partner, radl, y & Muhl
COUNTY OF -HARRIS ?SS. .. /
On. DECEMBER 30, 1988 • before NANCY BRADLVZ SMILA, Gene al'Partner, Bradley
me, the undersigned, a Notary Public in and for said State, a married woman & Muhl
lv personally appeared NANCY BRADLEY SMILA •
personally known to me or proved to me on the basis of sat-
isfactory evidence to be the person whose name is 4sti�1h111141bi1"` -111 •...11`Tllr--,)
subscribed to .the within instrument and acknowledged .
that she executed the same. / ,•o.�"`w4 AGNES tea- f
WITNESS my hand and official seal. ,' �: Notre Pubec.8hto of:r
Signature 1 Y kAA-QA-e-12, \1\ r \�\\�---....-. ,^�,:...1,�1�
(This area for official notarial seal)
Title Order No. • Escrow or Loan No.
R?G(NAL
AGREEMENT FOR SALE OF REAL PROPERTY INTEREST BETWEEN
NANCY BRADLEY SMILA; BRADLEY, MUHL & ASSOCIATES AND
THE CITY OF HUNTINGTON BEACH
THIS AGREEMENT made this ' `° day
of , 1989 , by and between the CITY OF HUNTINGTON
BEACH, California, a municipal corporation ( "BUYER" ) , and NANCY
BRADLEY SMILA, a married woman, and FRED MUHL and NANCY BRADLEY
SMILA, General Partners of BRADLEY, MUHL & ASSOCIATES, a
California General Partnership ( "SELLER" ) , for the purchase by
BUYER of certain real property.
WHEREAS, SELLER is the owner of all surface rights to
exploit the mineral, oil & gas rights to the following described
property, except for that portion of the surface needed to
maintain operations on and access to the Well known as "Huntington
#2" which exists on the property located in the City of Huntington
Beach, California, more fully described as :
The Southwest quarter of the Southwest quarter of the
Southwest quarter of the Northwest quarter of Section 35 ,
Township 5 South, Range 11 West, in the Rancho Las Bolsas,
as shown on a Map thereof recorded in Book 51, Page 13 ,
Miscellaneous Maps, records of said Orange County,
California .
Grantors reserve an easement right of surface entry for
well maintenance described as follows :
See Exhibit "A" .
BUYER desires to purchase said Property for cash and SELLER
desires to sell Property to the BUYER:
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NOW THEREFORE, the parties agree as follows:
1 : PURCHASE PRICE. The purchase price for the real
property interest is $30, 000 . 00 .
2 . ESCROW. BUYER and SELLER agree to execute the escrow
instructions and do all things necessary to complete said escrow.
•
3 . CONDITIONS .OF CLOSING. The close of escrow is
conditioned upon:
a. Conveyance to the BUYER of good and marketable
title subject to the. approval of BUYER' s Attorney.
b. 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.
5 . 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
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midnight 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 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 .
6 . 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.
7. BROKER' S COMMISSIONS - ATTORNEY'S FEES. Any and all
finder' s 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. This does not include any attorney fees
of buyer.
8 . 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
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title to BUYER or his nominees in the manner described in this
Agreement.
C. The cost of recording a quitclaim 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 . OWNERS' REPRESENTATIONS, COVENANTS AND WARRANTIES.
As an express condition precedent. to the Close of Escrow for
BUYER' s 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 SELLER 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
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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 t'he closing.
c. Title. SELLER has, and will convey to BUYER,
good and marketable title to the Property free and clear of all
liens, encumbrances, claims, rights, demands, easements, eases,
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 or
deeds .
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.
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. THREAT OF CONDEMNATION. The parties agree that the
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Property being conveyed is under threat of condemnation by the
BUYER. BUYER agrees to supply SELLER with a letter evidencing its
intention to condemn.
12. 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
addresses 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.
REST OF PAGE NOT USED
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Address : (SELLER) Address : (BUYER)
THEODORE GRUSSING THE CITY OF HUNTINGTON BEACH
Attorney at Law c/o Office of the City Attorney
20422 Beach Blvd. , Suite 220 of the City of Huntington Beach
Huntington Beach, CA 92648 P.O. Box 2740
Huntington Beach, CA 92647
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 August 8 , 1989, at Orange County,
California.
SELLER: BUYER: '
THE CITY OF HUNTINGTON BEACH,
t C,< ' e> � ��-P e j.&_ a municipal corporation of the
NANCYABRADLEY SMItA State of California
a rried woman
„ .(c),
FRED MUHL, General Part , Mayor
Bradley & Muhl
/4c1.4,1 c2d.4.1t
NANCY BRADLEY SMI1A, General
Partner, Bradley & Muhl
ATTEST: APPROVED AS TO FORM:
Clorly4•
le 4a0a4,1,7; r2
City Clerk _ City At rney .
RE ED AND APP V INI TED ND A ROVED:
City Administrator Deputy CityLA ministfator/
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EXHIBIT "A"
A LIFE ESTATE IN THIS LEASE AGREEEMENT
WITHIN SECTION 35 T55 R11W
That portion of the southwest quarter of the northwest quarter of
Section 35, Township' s south, range 11 west, in the Rancho Las
Bolsas, City of Huntington Beach, County of Orange, State of
California, as shown on a map recorded in book 51, page 13 of
Miscellaneous Maps, in the Office of the County Recorder of said
County, described as follows:
Beginning at the southwest corner of said southwest quarter, said
corner being the centerline intersection of Golden West Street and
Ellis Avenue; thence north 89°59 '23" east 304 . 99 feet along the
south line of said southwest quarter to a point, said line also
being the centerline of Ellis Avenue; thence north 0°00 '37" west
30 . 00 feet, to a point on the north right of way of said Ellis
Avenue; thence continuing north 0000 ' 37" west 20 . 00 feet to a
point, said point being the true point of beginning; thence
continuing north 0000 '37" west 69 .33 feet to a point; thence
north 89°59 '23" east 48. 00 feet to a point; thence south
0000 ' 37" east 69 .33 feet to a point; thence south 89059 ' 23"
west 48. 00 feet along a line, said line being parallel with and
20.00 feet north measured at right angles, from said north right
of way to the true point of beginning.
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