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HomeMy WebLinkAboutAcquisition Of Lot For Wieder Park From County Tax Sale - 1989-08-07. ,Ti% .Notes Office of the City CCerk .3-funtiregion Beach, California ote -I-o Tk 1 S J-ll P. h G S- � e e n 7F:,-:,� P--, -vi Ct r-zp--4-n- f v] e-- C� n 90-096767 RECORDING REQUESTED BY AND fC;7"T WHEN RECORDED (NAIL TO AND MA1 TAX STATEMENT TO: FM00 •--D IN OFFICIAL FXOO" OF OF,.E COUNTY, CMAKI 0 -1125 AM FEB 2 3'90 City of Huntington Beach oAttn: City Clerk Box g 3, Huntington Beach, CA 92648 Pub ta 01itLI A.P. NO. 178-191-31 TRA Er , �. THIS INDENTURE, made the 14th day of February 119 90 between ROBERT L CITRON, Tax Collector of the County of Orange, State of California (hereinafter, "TAX COLLECTOR"), and the City of Huntington_ Beach (hereinafter, "CITY"), witnesseth; THAT WHEREAS, the legally levied taxes on the real property hereinafter described were a lien on said property for Fiscal Year u - , and were not paid, and said taxes were duty declared to be In default, and said real property was subject to a power of sale pursuant to Section 3691 for nonpayment of taxes which were legally levied and were a lien on said property; and WHEREAS, in conformity with the provisions of Division I, Part 6, Chapter 8, Article 2 of the Revenue and Taxation Code of the State of California, an agreement for the sale of said real property has been entered into between the governing body of CITY. and the Board of Supervisors of the County of Orange, State of California, pursuant to which TAX COLLECTOR has been authorized to grant to CITY, for value duly received, the real property described below; NOW. THEREFORE, in consideration of the premises and in accordance with the law in such case made and provided. TAX COLLECTOR does hereby grant, convey and deed to CITY, for the sum of Seven Thousand Five Hundred Dollars that certain real property referred to herein, and situated in the Count/ of Orange, State of California, more particularly described as follows, to wit: Located within the City of Huntington Beach Tract No. 185 Lot: 117 • This conveyance is made and accepted upon the following express conditions: f. That within two (2) years from February 14 19 90 , CITY shall either devote said property to Park purposes, or else the CITY shall execute a redsion of this Deed, and the real property described above shalt again be subject to a power of safe by TAX COLLECTOR for delinquent taxes pursuant to Section 3691 of the California Revenue and Taxation Code. 2. That CITY shall not sell, nor otter to sell, said property at any Gme during the two-year period described in Section 1 above. 3. That in the event CITY fails to devote said property to park purposes within the two-year period described in Section 1 above, or CITY desires to divest itself of said property within the two-year period, CITY will execute a deed reconveying the aforesaid property, and all right, title and interest thereto, to TAX COLLECTOR, to be held as tax -defaulted property subject to a power of sale for delinquent taxes pursuant to Section 3691 of the California Revenue and Taxation Code. PROVIDED FURTHER, that a breach of any of the foregoing conditions shall cause said property to revert to the status of tax-defauted property subject to a power of sale by the TAX COLLECTOR and said TAX COLLECTOR. or his duly authorized agent, shall have a r.ght to re-entry on, and repossession of, said property. - IN WITNESS WHEREOF, said TAX COLLECTOR has hereunto set his hand as of the day and year first above written. STATE Or CALIFORNIA COUNTY OF ORANGE ss. or, this 14th day of February , 19 90 , before me Gary L Granville, County Clerk of the County of Orange, and ex-offiao Cleric of the Superior Court of the State of California in and for the County of Orange, personally appeared ROBERT L CITRON. known to me to be the Tax Collector of said County of Orange, whose name Is subscribed to the annexed Instrument and acknowledged to me that he executed the same as such Tax Collector. O (SEAL) C . GARY L GRANVILLE County Clerk of said County and• ex-officio Clerk of the said Superior Court Y De" NAIL TAX STAT€MIENITS 70 RETURN ADDRESS ABOVE County of Orange OFFICE OF THE TREASURER --TAX COLLECTOR January 17, 1990 City of Huntington Beach Q.O. Box 190 Huntington Beach, CA 92648 Attn: Connie Brockway City Clerk RE: Sale by Agreement #1322 AP# 178-191-31 ROBERT L. "BOB" CITRON COUNTY TREASURER -TAX COLLECTOF TELEPHONE: (714) 834-3411 TELECOPIER (714) 834-2912 TAX OFFICE ADDRESS 106 FINANCE BUILDING 630NORTH BROADWAY P.O. BOX 1438 SANTA ANA. CALIFORNIA 92702 TREASURER OFFICE ADDRESS 209 FINANCE BUILDING 630 NORTH BROADWAY P.O. BOX 4515 SANTA ANA. CALIFORNIA 92102 IN REPLY PLEASE REFER TO: Unless redeemed prior thereto, the property to be sold to the City of Huntington Beach by agreement will be deeded on February 14, 1990. Please send us your check for $7,500.00 at your earliest convenience, as our report to the State Controller must be made within ten days. The only cost to the City besides the purchase price would be the cost of publishing the Notice of Sale three times in a local newspaper. ROBERT L. CITRON COunty Treasurer -Tax Collector By �Ii1L K Donna J. Shutt �/-, Tax Defaulted Pt`Operty Agent RLC:DJS:lam cc: Paul Larken Agent for City/Land Acquistion D6. �,i P711 61r,y� U4J0 Al;3 03AI3316 2j 3 ,I 4i 5i 6� 8� 9i 10 11 12 i31 ' 14 W } i 0 15 I �0 16, - , W - � u �xw 0 0 3;1 18 19 20 21 22 23 24 25 n_ 2 26 N h 0 27 LL 28 110 .. 1 I. A C R F. F M E N : • i r.:"•_ �.'::_?� i FGR :1.1F PURCHASE BY A CITY OF TAX DEFAULTED PROPERTY AS F% �v:: -^ 1r't E-'.': SI02: I, PART 6, CHAPTER 8, OF THE CALIFORNIA REVENUE ' "J i THIS ACREE:iE;.T, made this day ofSeo%&ber , 193-7_01 by and between the Board of Supervisors of the County of Orange, State of Cali=ornia, and the City of Huntington Beach (hereinafter referred to as CITY), a municipal corporation in the State of Ca lif1c.rnia, subject to the approval of the California State ; Ccntre3ler, pursuant to the provisions of Division I, Part 6, Chapter 8 of :-e California Revenue and Taxation Code, lJ . 18e_r,, ',1 I T N E S S E T H: ;dHEREAS, there is situated in CITY that certain real property described in Exhibit "A", attached hereto and made a part hereof, which has been tax defaulted for five years or more; and WHEREAS, the taxes which are levied on said property include taxes which are collected on behalf of CITY by the Orange County Tar. Collector; and �r WHEREAS, CITY needs the property described in Exhibit "A", attached hereto, for Paris purposes and intends to devote the property to said purposes within 2 years from the date this Agreement becomes effective; NOW, THEREFORE, it is hereby mutually agreed as follows: 1. That the Board of Supervisors of the County of Orange agrees to sell and CITY agrees to buy all of the tax -defaulted real property described in Exhibit "A", attached hereto (or such portion of said B6/131 1. 1; rc 1�'! �,.._ shy.' l not rave been =e2eeme%-31.. e5 , �C'.i^.:�.^. 3.n '•:.he Revenue 2'� ur►d Taxation Code?, upon payment by CITY to the Grange County Tax i+ 3 =� t.:i_.. Ater of t..e sum set forth in said Ex�:ibit "A", under the heading jE "F;:RChA£ RICE, " within days after this Agreement becomes 51j effective. 18 19 20 21 22 j 23 24 25 n_ 2 26 N N O 27 L+ ! 2. That for 2 years following the date upon which this Agree - nent becomes effective, CITY will not offer said property for sale. 3. That within 2 years from the date this Agreement becomes 1 effective CITY trill either devote said property to Park purposes, or execute a recision of the tax deed E.s provided for in paragraph 4 herein. That in the event CITY fails to devote said property to Park purposes within 2 years after the date cf recordation of the deed, or if CITY desires to divest itself of said prop?rt_v within said 2 year Feriod, and not within any extension period approved by the Board of Supervisors, CITY shall execute a recision of the tax deed which conveyed such property to CITY, and the status of such property will return to that of tax defaulted real property. 5. That as provided by Section 3808 of the Revenue and Taxation Code, the amount of the "PURCHASE PRICE" paid pursuant to this Agree- rtent to the Orange County Tax Collector shall be deposited, like tax collections, in the delinquent sale trust fund and shall be distribut- ed pursuant to Section 4671 et seq. of the Revenue and Taxation Code. 1 2. i Z 1� 2 3 4I S 6 7 ..S 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 ,7 !S r , c. T'.nat as , rovided in Sect_en 3600 c_ t:,e Revenue and '=axat_or. Code, the cost of giving notice of th.is Agreement shall be paid by CT-rY. IN WITNESS WELPZOF, the parties hereto have caused this Agree:ient to be executed by ;..heir duly authorized officers. SIGNED AND CERTIFIED THAT A COPY OF THIS DOCI:MEKrT HAS SEEN DELIVERED TO THE CHAIWAN OF THE BOARD. LINDA D. PI]Tii Clerk of the Board of SuDerviwrs County of Drut;e. California Ciry Clerk APPROVED AS TO FORM ADRIAN KUYPE-2, County Counsel ORANGE COUNTY, CALIFORNIA BOAS OF SUPERVISORS -OF ORANGE COUNTY By Chairman CITY Or HUNTINGTCN BEACH a municimal corpora"_.o By,�--_ Mayor APPROVE= this 24th day of October , l9_99 GRAY DAVIS, STATE CONTROLLER Deputy By Ass' tent Deputv State Controller This Agreement was submitted to me before execution by the Board Of Supervisors and I have compared the same with the records of the County relating to the real property described therein. L ROBERT L. CITRON County Tre surer -Tax Collector By j n �L Deputy APPEOVED AS TO F01 I GAIL BUTTON CITY ATTOMMY ByDeputy City Attorney B6/131 3. T • . - • •• • � EXHIBIT A 1 �,✓ DESCRIPTION FIRST YEAR DEFAULT DELINQUENT NUMBER APO 178-191-31 1981-82 82-009725 TRA 04-007 Tract No. 185 Lot 117 PURCHASE PRICE $7,500.00 0 �...� .slk A -- 1 2 3 4 5 6 7 8 91 10 1 13 14 J� w. off; 15 woo VVV w}w 16 IL cs 4ZI 00 17 V 18 19 20 21 22 23 24 25 P. 2 26 N N a 2►y 22 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA September 12, 1989 On the motion of Supervisor Vasquez, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that this Board hereby approves Agreement No. 1322 with the City of Huntington Beach (related to the sale of tax -defaulted real property to the City), and authorizes the execution of said agreement by the Chairman of this Board. Chairman o t e Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD LINDA D. RUT Clerk of the Board of Supervisors County of Orange, California Resolution No. 89-1283 Sale by Agreement No. 1322 with the City of Huntington Beach DHR:bv B23/58 1 1 2 3 4 5 i 6i 7 .8 9� 10 11 j 12� 13� 14� j, W r o3z 15 W0v 16 •�: o=. 'o 0 17 18 19 .20 21 22 23 24 25 2 26 N 27 O ® 28 AYES: SUPERVISORS GADDI H. VASQUEZ, DON R. ROTH, ROGER R. STANTON, HARRIETT M. WIEDER AND THOMAS F. RILEY NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA } ss . COUNTY OF ORANGE } I, LINDA D. RUTH, Clerk of the Board of Supervisors of Orange County, California, hereby certify that the above and foregoing Reso- lution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 12th day of September, 1989, and passed by a unanimous vote of said Board. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 12th day of September, 1989. / / B23/58 LINDA D. RUTH Clerk of the Board of Supervisors of Orange County, California ,i `REQUE� FOR CITY Submitted to: Submitted by: Prepared by: July 2. 1989 `+ Date HONORABLE MAYOR AND MEMBERS OF TIIE CITY COUNCIL PAUL E. COOK, CITY ADMINISTRATOR ROBERT J. FRAPIZ, DEPUTY CITY ADMINISTRATOR ,01 w Subje.t: ACQUISITION OF LCT FOR WIEDER PARK FROM T. AGREEMENT 91322 - AP 9178-191-31 Consistent with Council Policy? [ Yes [ ] New Policy or Excep Statement of Issue, Recommendation, Analysis, Funding Source, Alterna STATEMENT OF ISSUE APPROVED BY CITY COUNCIL F- -7 19ge nCTTY CT actt� r r Actions, Attachments: I Wi The County of Orange has made the City aware of a Tax Sale on property known as AP #178-191-31, Sales Agreement 91322. The property in questions is a small lot in what is presently Wieder Park. To finally clear title to this property, the City must purchase this property at Tax Sale, plus advertising costs. RECOAIRIENDATION Approve the City's Resolution and purchase agreement for this lot at $7,500.00 plus costs by Tax Sale and authorize execution of proper documents. The City has placed Wieder Park on a tract of oil lots 25'-x 50' in si -e. The nature and size of these lots has made it difficult, in many cases, to locate the current owners and clear title. The proffered Tax Sale gives us an opportunity to clear title to this lot without costly and time consuming legal action. FUNDING Park Acquisition and Development Fund account. ALTERNATE Do not purchase and leave cloud on the title. ATTACHMENT Resolution and Sales Agreement. 0012u Pin r,lRS 1� CITY OF HUNTINGT0N BEACH INTER -DEPARTMENT COMMUNICATION nurvnticrcrH se,un To Paul Larkin, Real Estate Analyst From Jim B. Engle, uperintendent Real Property Management Park Development & Recreation Subject TAX COLLECTOR'S SALE #1320 Date July 25, 1989 Per our conversation last week, you indicated that of the two properties up for tax sale (AP #153-343-12 and AP #178-191-31), one of these parcels is within Weider Park. You said that you would follow up with the County of Orange Tax Collector. If this property is available, it should be purchased and thereby become city -owned park property. I mentioned, as part of our discussion, that Max Bowman and I had thought that your department had taken care of the final purchase of property within the Weider Park at the time of development. You told me that this parcel still needed to be purchased and that the City Attorney's Office was working on another parcel. As we discussed, please provide me with an update on any property currently not owned by the City of Huntington Beach that lies within the boundaries of Weider Park. JSE:mb 4139e cc: Max Bowman Dan Brennan Connie Brockway CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK August 10, 1989 County of Orange Office of the Treasurer/Tax Collector 106 Finance Building 630 N. Broadway P. 0. Box 1438 Santa Ana, CA 92702 Attn: Donna J. Shutt, Tax Defaulted Property Agent RE: AP 178-191-31 Sale by Agreement #1322 (formerly T.C. Sale #1320) Enclosed are five executed copies of agreement for the purchase by a city of tax defaulted property, AP 178-191-31 and also five certified copies of the resolution approved by the City -Council of the City of Huntington Beach authorizing the purchase of the above mentioned property. After execution, please forward a signed copy of the agreement to our office. Connie Brockway City Clerk CB:bt Enc. ITalephons: 714-536.5227 ) =IL PR0PER't'r July 24, 1989 1..� J U L�� 1989 140AGEMENT County of Orange OFFICE OF THE TREASURER —TAX COLLECTOR City 'of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Attn: Dan M. Brennan, Real Property Manager RE: AP# 178--191--31 Sale by Agreement #1322 (formerly T.C. Sale #1320) ROBERT L. "BOB" CITRON COUNTY TREASURER -TAX COLLECTC TELEPHONE: (714) 834.3411 TELECOPIER (714) 834.2912 TAX OFFICE ADDRESS 106 FINANCE BUILDING 630 NORTH BROADWAY P.O. BOX 1438 SANTA ANA. CALIFORNIA 927C2 TREASURER OFFICE ADDRESS 209 FINANCE BU!LOING 630 NORTH BROADWAY P.O. BOX 4515 SANTA ANA. CALIFORNIA 927C2 IN REPLY PLEASE REFER TO: We are enclosing the form of Agreement reconnended by the State Controller's Office on which we have entered the pertinent information as to description, purchase price, etc. of property which the City plans to purchase. Please return five executed copies of this Agreement, together with five certified copies of a Resolution offering to purchase, as provided by Division 1, Part 6, Chapter 8, Article 2, of the Revenue and Taxation Code, by, August 24, 1989. The terms and conditions are listed in the agreement and the purchase price is shown on Exhibit A. The only cost to the City besides the purchase price will be the cost of publishing the Notice of Sale three times in a local newgpaper. If you have any questions you may contact the undersigned at (714) 834-3528. ROBERT L. CITRON County Treasurer -Tax Collector I B� / 1�.�,•i,J Ali ,L. >� (�1 t-- `'' Donna J . Shutt /' " Tax Defaulted Property Agent RI.C:DJS:Ian, Encl. cc: Paul Larken Agent for City/Land Acquistion