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TAX COLLECTOR'S SALE BY AGREEMENT - 1998-09-21
• • NFOc� �T L1J crrY of nuNnwiToN BjF-Auf f Y , Prt c:i7Y it 1LtlRSING7np RCAQI CLAN, �A u1rER-DEPARTM£!Pr C0MMUfflCAn0N nr i (.� 117� VE:B TO: John P. Reekstin, Administrative Services Director FROM: Jim B. Engle, Community Services De Director DATE: February 9, 1999 SUBJECT. TAX COLLECTOR SALE DEEDS Attached is a memo from Connie Brockway regarding a tax collection sale of two park lots for Assessor Parcel #110-22-29 and #110-22-30. 1 have reviewed the deeds per Mrs. Brockway's request and they appear to be okay and ready to be filed. However, I do not have real estate expertise and would appreciate it if you or your new Real Property Director would follow up to confirm that all is okay and that the City Clerk can file the deeds. Please note that there was an over payment made. The purchase price of each parcel was $1,800 for a total of$3,600: city check #499764 was for$5,400 so there would be an $1,800 refund issued. I presume that this check would come to your department, City Clerk or Community Services. Whoever receives the check should forward it to Community Services so that we can insure that it is deposited into the Park Acquisition and Development Fund. Thank you for your assistance. If you have any question please feel free for you or your staff to contact me at X5495. JBE:as Xc: Ron Hagan Shari Freidenrich Connie Brockway✓ Attachment REEKSTIN.DOC ORANCE Cov,,-n'TRH:ASTRER-TAx Cot,t,H: -FOR P. O. Box 1438 SANTA ANA, CA 92702 (714) 834-3527 Fax: (714) 834-4342 January 14, 1999 City of l luntington Beach P. O. Box 190 l luntington Beach, CA 92648 RE: Assessor's Parcel No. 110-222-29 & 110-222-30 "Tax Collector's Sale by Agreement#1349" Held on January 14, 1999 Attention: Christine Cleary, Deputy City Clerk Dear Ms. Cleary: I am enclosing a Conformed Copy of the"Deed to City" for each parcel (originals will be mailed to you by the Orange County Clerk-Recorder's Office at if later date). The purchase price of each parcel was $1,800.00 for a total of'both in the amount of$3,600.00. Your check #499764 for$5,400.00 was received, and there will be a refund of$1,800.00 issued at it later date due to overpayment. Thank you, and should you have any questions please call me at (714) 834-3527. Sincerely, iei Linda C. Rede Deputy Tax Collector JMWM:RI:Icr l;ncl. Two Deeds �I J� CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION HUNTINGTON BEACH Date February 1, 1999 TO: Ron Hagan, Community Services Director FROM: Connie Brockway, City Clerk SUBJECT: Tax Collector Sale Deeds Attached is a copy of the Action Agenda of the meeting at which the City Council authorized the attached Conformed Tax Collector Sale Deeds to be purchased by the City. (I have the official deeds). Please review the Conformed Deed copies that we received from the County to see if you are satisfied and perhaps it may be required that a staff member track the county imposed deadline for the city to use this property for park purposes etc. Please return these Conformed copies with the City Attorney's"Approved As To Form" which the City Attorney has advised must appear on all deeds maintained in my office. Also, a note from you that all is o.k. to file will be appreciated. *Note: That a refund will be mailed to the city. Attachments CC: John P. Reekstin Shari Friedenrich G:fb11oivup/cmmemo:97-37jc RECORDING RRQU£ST'ED BY AND Recorded in the County of Orange, California WHEN RECORDED MAIL TO AND Gary L. Granvil l�r Clerk/Recorder SAIL,-U sTATow:wr TO: i 11111MP111111111111Jill No Fee City of Huntington Beach 1999e028686 11 :59am 01/14/99 005 22049954 22 08 P. 0. Box 190 D10 2 6.00 3.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 A.P. NO. 110-212-29 TRA g4-013_ Deed to City SEE 0eJ G 1,J,+1_ /AJ VA4A�; ,bE&-2� Z&58,E THIS INDENTURE, made the 14th day of January 1999, between JOHN M. W. MOORLACH, 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 1991-1992. and were not paid, and said taxes were duly 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 1 r WHEREAS, in conformity with the provisions of Division I, Part 6, Chapter 8. Article 2 of the Revenue and Taxation V Code of the State of California, an agreement for the sale of said real property has been entered into between the C 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 SJ.800.00 that certain real property referred to herein, and situated in the County of Orange, State of California, more particularly described as follows, to wit: See Legal Description Attached This conveyance is made and accepted upon the following conditions- 1. That within two (2) years from January_ 14, 1999. CITY shall either devote said property to_4U1 purposes, or else the CITY shall execute a recision of this Deed, and the real property described above shall again be subject to a power of sale by TAX COLLECTOR for delinquent taxes pursuant to Section 3691 of the California Revenue and Taxation Code. 2. That CITY shall not sell, nor offer to sell, said property at any time 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-defaulted property subject to a power of sale by the TAX COLLECTOR and said TAX COLLECTOR, or his duly authorized agent, shall have a right 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. gER TAX �0 Tax Collector o the Countye- STATEOrange, A 0 Z' State of aiiforn OF CALIFORNIA ]gs. 'yam COUNTY OF OR;-I;GE } OJ?ANGE•G On January 11_ 1999_ before me, Gary L. Cowan , personally appeared John M. W. Moorlach , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) . and that by his/her/their signatureis) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand d offi al al. Signature Assi ax Collector of the County of Orange 4 State of California 1\ 110-222-29 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 47 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County. RECORDING REQUESTED BY AND Recorded in the Countv of Orange, California MAIL TO TO. D IGary L.• �I off lll� loll p,� ll d Recorer MAT. I'Igq�f {{���y��Jl�a�� NO Fee aCity of Huntington Beach 19990028685 11 .59�1 81/14/99 -1 0. Sox 190 005 22049954 22 08 u D10 2 6.00 3.00 0.00 0.00 0.00 0.ee ')Huntington Beach, CA 92648 u � A.P. NO_ 110-277.-30 � TRA 04-013 Deed to City -SEC a2161 Ai A-i-- Iti vA4,,�i THIS INDENTURE, made theme_ day of January . 1999, between JOHN M. W. MOORLACH, Tax Collector of the County of Orange, State of California (hereinafter, "TAX COLLECTOR") , and the City of Hyntinctton Urach (hereinafter, "CITY"). witnesseth; THAT WHEREAS, the legally levied taxes on the real property hereinafter described were a lien on said property for Fiscal Year 1991-1992, and were notpaid, and said taxes were duly 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 -r said property; and WHEREAS, in conformity with the provisions of Division I. Part 6, Chapter 8, Article 2 of the Revenue and Taxation �f 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 64 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 51.800.00 that certain real property referred to herein, and situated in the County of Orange, State of California, more particularly described as follows, to wit: See Legal Description Attached This conveyance is made and accepted upon the following conditions: 1. That within two (2) years from January 14. -1999. CITY shall either devote said property to_2 rk purposes, or else the CITY shall execute a recision of this Deed, and the real property described above shall again be subject to a power of sale by TAX COLLECTOR for delinquent. taxes pursuant to Section 1691 of the California Pevcrue and Taxation Code. 2. That CITY shall not sell, nor offer to sell, said property at any Lime 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-defaulted property subject to a power of sale by the TAX COLLECTOR and said TAX COLLECTOR, or his duly authorized agent, shall have a right 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. E TAX COZ� 9;?704W Tax Collector of County Orange, !ri 0State of Californi STATE OF CALIFORNIA ]ss. COUNTY OF ORANGE } t �� r- ORANGt On January 14, 1999 before me, Gary, L_ Cowan personally appeared _John M_ W- Moorlach , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signatures) on the instrument the persons) or entity upon behalf of which the personts) acted, executed the instrument. WITNESS my h ott214��and Signature Assist Collector of the County of Orange State of California 110-222-30 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 48 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County. E C C I f E(1) ORANGE COUN r1'TREASURER-TAX COLLECI OR MY CL C"It P. O. Box 1438 CF OF SANTA ANA, CA 92702 IV-: r k ,f C4 `EA H.' CA (714) 834-3527 1E18 OTC Fax: (714) 834-4342 December 15, 1998 City of Huntington Beach P. O_ Box 190 Huntington Beach, CA 92648 RE: AN 110-222-29 & AN 110-222-30 "Tax Collector's Sale by Agreement #1349" Attention: Christine Cleary, Deputy City Clerk Dear Ms. Cleary: I am enclosing a copy of the State Controller's authorization regarding Tax Collector's Sale by Agreement with the City of Huntington Beach. Also, attached is a copy of your original Agreement, and a copy of the Resolution of the Board of Supervisors of Orange County, California. We anticipate this sale to take place on January 14, 1999. Please issue a check for the amount of$3,600.00 (price of each parcel is S 1,800.00), ,prior to closing of this sale agreement. Thank you, and should you have any questions please call me at(714) 834-3527. Sincerely, OdaC.�RV Deputy Tax Collector M� KATHLEEN CONNELL Controller of the State of California Division of Collections AUTHORIZATION FOR THE SALE OF TAX-DEFAULTED PROPERTY 1, KATHLEEN CONNELL, Controller of the State of California, hereby, authorize the proposed sale of tax-defaulted property described in the attached copy of resolution number 98-417 of the Board of Supervisors of Orange County dated November 3, 1998, approving said sale in accordance with Chapter 8 of Part 6 of Division 1 of the California Revenue and Taxation Code. This Agreement between the Board of Supervisors of Orange County and the City of Huntington Beach attached hereto has been duly approved by the State Controller. The tax collector of Orange County is hereby directed to cause notice of agreement to be given pursuant to Section 3796 of the California Revenue and Taxation Code. Given under my hand and seal of office, at Sacramento this fourth day of December 1998. KATHLEEN CONNELL STATE N ROLLE B / Y S PH N L. EDWARDS, Chief Bureau of Tax Administration Bureau of Tax Administration Tax Defaultcd Land Program P.O. Box 942850, Sacramento,CA 94250-5880(916)323-2356 AGREEMENT FOR THE PURCHASE BY A CITY OF TAX DEFAULTED PROPERTY AS PROVIDED BY DIVISION 1, PART 8, CHAPTER 8 OF THE CALIFORNIA REVENUEAND TAXATION CODE THIS AGREEMENT, made this day of�!" `�" . 1898, by and between the Board of Supervisors of the County of Orange, State of California, and the City of Huntington Beach (hereinafter referred to as "CITY"), a municipal corporation of the State of Califomia, subject to the approval of the California State Controller, pursuant to the provisions of Division 1, Part 6, Chapter 8, of the California Revenue and Taxation Code. WITNESSETH WHEREAS, 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 (5) 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 Tax Collector, and WHEREAS, CITY needs the property described in Exhibit"Am for park purposes and intends to devote the property to said purpose two (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" (or such portion of said property which shall not have been redeemed as provided in the Revenue and Taxation Code).-upon payment by CITY to the Orange County Tax Collector of the sum set forth in said Exhibit "A", under the heading "PURCHASE PRICE", within forty-five (45) days after this Agreement becomes effective. 2. That for two (2) years following the date upon which this Agreement becomes effective, CITY will not offer said property for sale. 3. That with two (2) years from the date this Agreement becomes effective CITY will either devote said property to park purposes, or execute a recision of the tax deed as provided for in paragraph 4, herein. 4. That in the event CITY fails to devote said property to park purposes within two (2) years after the date of recordation of the deed, or if CITY desires to divest itself of said property within said two (2) year period, 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 Agreement to the Orange County Tax Collector shall be deposited, like tax collections, in the delinquent sale trust fund and shall be distributed pursuant to section 4671 of.seq. of the Revenue and Taxation Code. 1 jmp:k/agree_,=deV0V25.98 6. That as provided by section 38000 of the Revenue and Taxation Code, the cost of giving notice of this Agreement shall be paid by CITY. 7. This Agreement shall become effective on a date determined by the Orange County Tax Collector, but no sooner that 5:01 p.m. on the 21st day after the first.publication of the Notice of Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ORANGE COUNTY BOARD OF SUPERVISORS DATED: NOV 0 31998 >'. Chairman o the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY` By: OF THIS AGREEMENT HAS BEEN Darlene J. Bloom DELIVERED TO THE CHAIRMAN OF THE Clerk of the Board of Supervisors of BOARD Orange County, California DATED: NOV 0 31998 KATHLEEN CONNELL, STATE CONT LLER APPROVED AS TO FORM: By: LAURENCE M. WATSON Dwdty CHIEF ASSISTANT COUNTY COUNSEL STEPHEN L. EDWARDS, Chief / Bureau of Tax Administration i14 By:, .__ �• �6 � ���29IV the 4th day of December, 1998 Deputy SIGNATURES CONTINUED ON NEXT PAGE 2 jmp/k/ageehaxdef/08/25/98 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California May REVIEWED AND APPROVED: = ATTEST: l' •d C�%C�'n�zco City A istrator City Clerk INITIATED D PROVED: APPROVED AS TO FORM: Directo m ity Services CRy Attorney . 3 jmp/k/ageeAaxdef/08/25/98 r The Board of Supervisors submitted this Agreement to me before execution, and I have Compared the same with the records of the County relating to the real property described therein. JOHN M. W. MOORLACH County Treasurer-Tax Collector y Deputy Dated: EXHIBIT A First Year Default Purchase Description Delinquent Number Price 110-222-29 1991-1992 92-006298 $1,800 See legal description attached 110-222-30 1991-1992 92-006299 $1,800 See legal description attached EXHIBIT"A" Jmp•k.'reso[utionkasdef08,17 8 110-222-29 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 47 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County. EXHIBIT"A" Jmp'3ureso1utiorA=dcf./0M"8 110-222-30 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 48 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County. EXHIBIT"A" JznFvVresolutiorjAaxdcf 0=5/48 SEE SPEC/AL PAGE //0-229 FOR SUBSURFACE FEE TITLE ASSESSMENT }�= N.//2 SE.//4 SE.//4 SEG. 34 T. 5 S. R // W. TMs�A'"A'��''°"°""'��°'"^' "° - 2 2.,- ASSEiSOR ovr.nmosEs oMLr:flE AtiEL sow rA�ces Mo raupAxr�e.s m rrs ACCURACY ...>� • M011 AS�U1E3 AMr uAsltTr POR mMFA usEs -- �° MOT TO�E I�fR000CE0.ALL RIOMS RFSEl1VE0. -�; OCO�TRGMT ONAM[.E Wl!(Tt•pES1011//92 .. _q 20 21 ;Y LOT A 4,r 6 7 810 I I 12 CIS6 7 C 9 // 1/2 VJ 13 z2 n1 17 /6 ,S . �3' 2 I, 19 18 17 16 IS 14 t _; �`. i.• _ .•Y'� v � ' EAnE57 I '0 AV / 3Y J 4 JS 37 S 9 05 , S AC. i N C 7 CS ' o i / = /00 �9 44F47464544 45 42 41 40 'Y O � 2 P.9 O A C.(Ile !' 13 II 0 h PAS� L °.: � `zo 21 2` 2 i4 29 z © O '`: •: so 20 = �` MARCH 1951 TR. NO. 306 M.M. 14-28 NOTE — ASSESSOR'S BLOCKS ASSESSOR'S MAP PARCEL NUMBERS BOOK 110 PAGE 22 SHOWN /N CIRCLES COUNTY OF ORANGE O` --j r Y' + ' RESOLUTION NO. 98-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OFFERING TO PURCHASE PROPERTY PURSUANT TO DIVISION 1, PART 6, CHAPTER 8, ARTICLE 2 OF CALIFORNIA REVENUE AND TAXATION CODE. WHEREAS, on April 20, 1998, the City Council of the City of Huntington Beach gave direction to the Director of Community Services to negotiate with the County of Orange for the purchase of certain real property described in Exhibit "A", attached hereto and made a part hereof, which has been tax-defaulted for five (5) years or more, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Mayor and City Clerk are authorized and directed to execute the necessary documents to purchase said real property for the amount of Eighteen Hundred Dollars ($1,800) per parcel for a total purchase price of Thirty-Six Hundred Dollars ($3,600). PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of Septeaber 1998. Mayor ATTEST: zon_,-,Z� � APPROVED AS TO FORM: City Clerk Cit,y)Attorney �g REVIEWED AND APPROVED: efi '26 .r r INITIATE D PROVED: C"ityAdrmn4inisr G_ i j�� r/ I Difect Ca unity Services Jmpkirsolution'tardcr.QB.'2 3/98 i Res. No. 98-67 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONrN1 IE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 21st day of September, 1998 by the following vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan NOES: None ABSENT: Garofalo City Clerk and ex-officio eerk of the City Council of the Cite of Huntington Beach, California The foregoing .instrument is a correct copy of the original on-file in this office- Attest ._moo 'f�19� CONN_10BROCKWAY City Clerk and Ex-officio Clerk of the City Council of theXity of Huntington`Beach, rAut Deputy G/resolutL1resbkyg;9B-70 •r I RESOLUTION OF THE BOARD OF SUPERVISORS OF 2 ORANGE COUNTY, CALIFORNIA 3 November 3, 1998 4 On motion of Supervisor Wilson ,duly seconded and carried,the following Resolution 5 was adopted: , 6 WHEREAS, there is situated in the City of Huntington Beach (hereinafter, the "City") that 7 certain real property identified as Assessor's Parcel No. 110-222-29 and 110-222-30, which has been 8 tax-defaulted for five (5) years or more; and 9 WHEREAS, the taxes which are levied on said Property include taxes which are collected on 10 behalf of City by the Orange County Treasurer-Tax Collector; and l I WHEREAS, City needs the Property for open space preservation, and intends to devote the 12 Property to said purposes for two (2) years; and 13 WHEREAS, Division 1, part 6, chapter 8 of the Revenue and Taxation Code authorizes a tax 14 collector to sell tax defaulted property to public agencies by agreement; 15 NOW,THEREFORE,BE IT RESOLVED that the Board of Supervisors of the County of Orange 16 hereby approves the Agreement attached as Exhibit A, subject to the approval of the California State 17 Controller. 18 19 20 21 22 23 24 25 Resolution No. 98-417 26 Sale of Tax-defaulted real property 27 to the City of Huntington Beach 28 JMWM:RL:Icr AEF:vn The foregoing wasassed and adopted by the fol wing vote of the Orange County Board of Supervisors on November 3, 1998, to wit: AYES: Supervisors: THOMAS W. WILSON, WILLIAM G. STEINER, CHARLES V. SMITH TODD SPITZER, JAMES W. SILVA NOES: EXCUSED: ' ABSTAINED: CHAIRMAN, Orang County Board of Supervisors STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) I, DARLENE J. BLOOM, Cleric of the Board of Supervisors of Orange County, California, hereby certify that a copy of this document has been delivered to the Chairman of the Board and that the above and foregoing Resolution was duly and regularly adopted by the Orange County Board of Supervisors. IN WITNESS WHEREOF, I have hereto set my hand and seal. NOV 0 3 rase Date DARINE J. BLOOM I Clerk of the Board of Supervisors County of Orange. State of California Resolution No:98-417 Agenda Date: 11/03/1998 Item No. 36 I certify that the foregoing is a true and correct copy of the opted by the Board of Supervisors. Orange nty.State of California. DARLENE J.BLOOM,Clark of the Board of Supervisors By: Deputy N ' • y I�-_ Lip FiUNMNCTOy BEACH TO: Ron Hagan, Community Services Director FROM: Connie Brockway, City Clerk DATE: November 24 1998 SUBJECT: County Of Orange Agreement For Purchase By A City Of Tax Defaulted Property Per California Revenue And Taxation Code--Council Meeting Date And Approval September 21, 1998 I have been in contact with Linda Rede at the Orange County Tax Collector's Office regarding the above referenced subject. She has informed me that the agreement for purchase by the city of this tax defaulted property has been approved by the Board of Supervisors and has been forwarded to the State Controller's Office for approval and the agreement will be forwarded to my office as soon as it is received back from the State Controller's Office. The County plans to close escrow on this property on January 14, 1999 and will need a check for the property by that date. Bob Franz had been working on this issue and as he is no longer with the city I am forwarding this information on to you. If you need to contact Linda Rede at the Orange County Tax Collector's Office her address and telephone number are P.O. Box 1438, Santa Ana, California, 834-7621. Attachment: RCA of 9121/98 CC: Dan Villela— finance Director G:cbmems/98-194 jc.doc __--�- J \`� \�' O C 7-� .��.,�, �z� a � � t � � - __ i r . City o%untin ton Beach P.O. Box 190-2000 Main Street * Huntington Beach,California 92648 HUNTINGTON BEACH From the desk of Christine Cleary Deputy City Cleric Telephone: (714) 536-5210 /p - / 9 f8 Fax: (714) 374-1557 Q AGREEMENT FOR THE PURCHASE BY A CITY OF TAX DEFAULTED PROPERTY AS PROVIDED BY DIVISION 1, PART 6, CHAPTER 8 OF THE CALIFORNIA REVENUE AND TAXATION CODE THIS AGREEMENT, made this day of , 1998, by and between the Board of Supervisors of the County of Orange, State of California, and the City of Huntington Beach (hereinafter referred to as "CITY"), a municipal corporation of the State of California, subject to the approval of the California State Controller, pursuant to the provisions of Division 1, Part 6, Chapter 8, of the California Revenue and Taxation Code. WITNESSETH WHEREAS, 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 (5) 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 Tax Collector; and WHEREAS, CITY needs the property described in Exhibit"A"for park purposes and intends to devote the property to said purpose two (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" (or such portion of said property which shall not have been redeemed as provided in the Revenue and Taxation Code), upon payment by CITY to the Orange County Tax Collector of the sum set forth in said Exhibit"A", under the heading "PURCHASE PRICE", within forty-five (45) days after this Agreement becomes effective. 2. That for two (2) years following the date upon which this Agreement becomes effective, CITY will not offer said property for sale. 3. That with two (2) years from the date this Agreement becomes effective CITY will either devote said property to park purposes, or execute a recision of the tax deed as provided for in paragraph 4, herein. 4. That in the event CITY fails to devote said property to park purposes within two (2) years after the date of recordation of the deed, or if CITY desires to divest itself of said property within said two (2) year period, 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 Agreement to the Orange County Tax Collector shall be deposited, like tax collections, in the delinquent sale trust fund and shall be distributed pursuant to section 4671 et.seq. of the Revenue and Taxation Code. 1 jmp1dagrca`tixdef 101]9.98 �, j@ CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNQU REDEVELOPNIENT AGENCY OF THE CITY OF HUNTINGTOti BEACH DATE. TO: _n_ ATTENTION: y - NameJ _L , 7 �. - DEPARTMENT: Street �.-. �C / REGARDING: City,State.Zip .7 J See Attached Action Agenda Item Date of Approval ; Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: rnt Connie Brockwa • CONNIE BROCKWAY CITY CLERK S CITY OF HUNTINGTON BEACH City Clerk http 11www ci huntington-beach ca.us P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 Attachments- Action Agenda Page Agreement V�' Bonds Insurance RCA �_ Deed Other h 'c T Department J RCA Agreement Insurance Other �tl/?_'_, C.g,i'! -lzl .i�zz�"- -r/' mac, Name Department RCA Agrcement Insurance Other �ZiLf'! �!'r'/�t'tl_l'�G f!i /�!I _yL ;� �e•? Name Departmtnt RCA Agreemear Insuranze Other Name Department RCA Ab•reement Insurance Other Risk Management Dept. Insurance Received by Name - Company Name - Date G-Followuplcoverltr I Telephone:714-536.5227 t 4�S D O GRdnzRarr��. Council/Agency Meeting Held: Deferred/Continued to: � Approved ] Condifional!y,Approved U Denied Jt�puN A _ �,� y Clerk's Signature Council Meeting Date: 9/21/98 Department ID Number: CS 98-028 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS L, __I C7--1 M C) M SUBMITTED BY: RAY SILVER, City Administrator6FAV rCD j�� PREPARED BY: RON HAGAN, Director, Community Service ; x� ROBERT FRANZ,.Deputy City Administrator, Admin. Svc s c� SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF HE ITY OF HUNTINGTON BEACH OFFERING TO PURCHASE PROPERTY PURSUANT TO DIVISION 1, PARK 6,. CHAPTER 8, ARTICLE 2 OF CALIFORNIA REVENUE AND TAXATION CODE FOR TWO LOTS WITH TRACT 306 ELLISIGOLDENWEST QUARTER SECTION FOR PARK PURPOSES. Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: There is a need to purchase two lots in Tract 306, Ellis/Goldenwest quarter section for park purposes. Funding Source: Park Acquisition and Development Fund Account #E-SK-CS-716-6-10-00 Recommended Action: 1. Adopt Resolution to purchase property pursuant to Division 1, Part 6, Chapter 8, Article 2 of California Revenue and Taxation Code for the acquisition of lot #47 and #48 within the Tract 306 of the EIIis/Goldenwest quarter section for park purposes. 2. Authorize the Mayor to execute tax default agreements with County of Orange to purchase lots #47 and #48 in Tract 306, Ellis/Goldenwest quarter section. Alternative_Action(s): Do not purchase the two lots available in Tract 306, EIIislGoldenwest quarter section through tax sales. Analysis: The city has been notified by the County of Orange that two lots within Tract 306 of the EIIislGoldenwest quarter section are available for payment of back taxes. Tract 306 has been designated as the future site for a neighborhood park in the EliislGoldenwest quarter section. r *QUEST FOR COUNCIL ACT& MEETING DATE: 9/21/98 DEPARTMENT ID NUMBER: CS 98-028 The back taxes for Lot #47 are $1,800 and for Lot #48, $3,600. Tract 306, Lots #47 & #48 are also designated on the parcel map as parcels #110-222-29 and #110-222-30 respectively. See attached parcel map for location. This is an opportunity for the city, through tax sales, to acquire two of the sixty-six lots that are required for the park. The city currently owns eight lots within the proposed park area. Staff recommends that City Council approve the $5,400 from the Park Acquisition and Development Fund for the acquisition of these lots for the purpose of park development. Council approved $50,000 for acquisition of lots within this proposed park site as part of the FY97198 budget, therefore, the money is available in an operating budget for this purpose. Environmental Status: Not applicable. At#achment(s): City Clerk's Page Number No. Description 1 Parcel Map 2. Resolution 3_ Agreements with County of Orange RCA Author: RCAIELLISIGWrrRACT 306 .2- 09/08/98 1:47 PM ATTACHMENT #1 �PE SPECIAL PACE I1-22.9 FOR SUBSURI N. I/2, SE. I/4, SE. l/4, SEC. i MAP WAS PREPARED FOR ORANGE COUNTY .ESSOR DEPT.PURPOSES ONLY,THE ASSES- t MAKES NO GUARANTEE AS TO ITS ACCURACY I ASSUMES ANY LIABILITY FOR OTHER USES. 15 9 - 41 7� TO BE REPRODUCED.ALL RfGHTS RESE )PYYRIGHT ORANGE COUNTY ASSESSOR A995D SADDLE SACK LN. — Aso — 22. �! for -4 � ! R G h 3 r�l 5 6 7 �8^ I o 11 12 r� `N 04 12 0 4 5 6 8 9 10 1112 13 2625 24 i2i 2 1 21 15 18q /7 16 15 14 �-24 �3' 2�21 20 i9 l 1 11loo 7 '15 �14+ 2 O 27 28 9 O 1 32 33 34 35 36 37 38 39 � � 5 AC. i Ln 1 �5 n T 3o6 Lod' 7t141j' 4y�'QSF ts. � 6 4 4� 43 42 dl j40 � R44' 4- 5251 50 5R L e 2 � e 14 �! THIS �I;,P W11 PRE1,1?ED FOR O°ANGE obi COUNTY ASSESSOR UEPT PUP'OSE.S ONLY ThE ASSESSC IV9 AK( S NO GUARAN T eE kS TO 49 6C 61 62 65 64 65 ITS �CCUPPLY NOR ASSUMES P4Y i.IABIUTY f\I7' FOR OTHER USES. NOT TO BE P'EPz Q�JCEJ AP MOMS RESERVED n - f- 6 (�`''-"pYI?IG4T ORANGE COUNTY ASSESSON 1995 h 18 19. 20 21 22 �3,`48 � �r 45 az L � Lu y -1 O MARCH I951 TR. NO. 306 M. M. 14 ATTACHMENT #2 RESOLUTION NO. 98-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OFFERING TO PURCHASE PROPERTY PURSUANT TO DIVISION 1, PART 6, CHAPTER 8, ARTICLE 2 OF CALIFORNIA REVENUE AND TAXATION CODE. WHEREAS, on April 20, 1998, the City Council of the City of Huntington Beach gave direction to the Director of Community Services to negotiate with the County of Orange for the purchase of certain real property described in Exhibit "A", attached hereto and made a part hereof, which has been tax-defaulted for five (5) years or more, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that the Mayor and City Clerk are authorized and directed to execute the necessary documents to purchase said real property for the amount of Eighteen Hundred Dollars (S1,800) per parcel for a total purchase price of Thirty-Six Hundred Dollars ($3,600). PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of September 1998_ Mayor ATTEST' � APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: d -2c. -5 P � �g INITIATE D PROVED: 'f��' l City Administr for ( Direct Co unity Services Imp•k"res olution^taAef,08.25,198 11 0-222-29 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 47 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County. EXHIBIT"A„ imp-Wresohnionl X&R08r25198 110-222-30 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 48 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County. EXHIBIT"A" Jm p 1(h es o l 7U om'w de f.0 8/I 5,9 8 EXHIBIT A First Year Default Purchase Description Delinquent Number Price 110-222-29 1991-1992 92-006298 $1,800 See legal description attached 110-222-30 1991-1992 92-006299 $1,800 See legal description attached EXkII3R'W' )mp1Jres olutioa'uzdcf'0&'25/96 SEE SPECIAL PAGE 110-229 FOR SUBSURFACE FEE TITLE ASSESSMENT: 's�t'A IIo _ 22.rr N. 1/2, SE I/4, SE.1/4, SEC 34 T. 5 S., R 11 W. �� ' Mdl■5�3,UIY LIA�.IfYfdIQMwU'S[A ,' `�•,`_l fA7 TO/[1E/NOOIK.'[0./LL11�GMT5 PLSOWl0.� .• ��V# OCOI7A�GH�i7AW(�Wt�li►AJ �1� >'' 20 21 - i) for A or S 6 7 8 9 10 I1 12 I3 • ' .,, 1 %� `}"j ,A I 139 18 17 16 15 14 •.r .�.� � .j,; �, ��. '�.?.� AvF. it dP 35 J4 is 37 Q 9 O S AC.CS 7 CS 29 p.sa Ac. cil ••2 OQ id zl '21z f z© z to Ac. goWiR 20 MARCH 1951 TR. NO. 306 M.M. 14-28 NOTE - ASSE'SSOR'S BLOCK8 ASSESSORS 'MAP '' • • •, • r.'' " PARCEL NUMBERS BOOK I10 PAGE 22 " •. , SHOWN IN CIRCLES COUNFY'Of ORANGE. �NT•' :1•w 1h7�Y'•�►_�1^I�TMq.1w'�, ��r l'`�'\\ rrVV Res. No. 98-67 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-ofticio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the Cits• of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 21st day of September, 1998 by the following vote: AYES: Julien, Harman. Green, Dettloff, Bauer, Sullivan NOES: lone ABSENT: Garofalo City Clerk and ex-officio Aerk of the City Council of the City of Huntington Beach, California G/resululiresbkpg/98-70 ATTACHMENT #3 I AGREEMENT FOR THE PURCHASE BY A CITY OF TAX DEFAULTED PROPERTY AS PROVIDED BY DIVISION 1, PART 6, CHAPTER 8 OF THE CALIFORNIA REVENUE AND TAXATION CODE THIS AGREEMENT, made this 21st day of September 1998, by and between the Board of Supervisors of the County of Orange, State of California, and the City of Huntington Beach (hereinafter referred to as "CITY"), a municipal corporation of the State of California, subject to the approval of the California State Controller, pursuant to the provisions of Division 1, Part 6, Chapter 8, of the California Revenue and Taxation Code. WITNESSETH WHEREAS, 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 (5) 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 Tax Collector; and WHEREAS, CITY needs the property described in Exhibit"A" for park purposes and intends to devote the property to said purpose two (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" (or such portion of said property which shall not have been redeemed as provided in the Revenue and Taxation Code), upon payment by CITY to the Orange County Tax Collector of the sum set forth in said Exhibit "A", under the heading "PURCHASE PRICE", within forty-five (45) days after this Agreement becomes effective 2. That for two (2) years following the date upon which this Agreement becomes effective, CITY will not offer said property for sale. 3_ That with two (2) years from the date this Agreement becomes effective CITY will either devote said property to park purposes, or execute a recision of the tax deed as provided for in paragraph 4, herein. 4. That in the event CITY fails to devote said property to park purposes within two (2) years after the date of recordation of the deed, or if CITY desires to divest itself of said property within said two (2) year period, 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 Agreement to the Orange County Tax Collector shall be deposited, like tax collections, in the delinquent sale trust fund and shall be distributed pursuant to section 4671 et.seq. of the Revenue and Taxation Code. 1 jmp/}a'agrecA=defi 0&'25i 98 6. That as provided by section 38000 of the Revenue and Taxation Code, the cost of giving notice of this Agreement shall be paid by CITY_ 7. This Agreement shall become effective on a date determined by the Orange County Tax Collector, but no sooner that 5:01 p-m. on the 21" day after the first publication of the Notice of Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. ORANGE COUNTY BOARD OF SUPERVISORS DATED: By: Chairman of the Board of Supervisors SIGNED AND CERTIFIED THAT A COPY By-.-- OF THIS AGREEMENT HAS BEEN Darlene J. Bloom DELIVERED TO THE CHAIRMAN OF THE Clerk of the Board of Supervisors of BOARD Orange County, California DATED: KATHLEEN CONNELL, STATE CONTROLLER APPROVED AS TO FORM: By- LAURENCE M. WATSON Deputy CHIEF ASSISTANT COUNTY COUNSEL By: Deputy SIGNATURES CONTINUED ON NEXT PAGE 2 Jmp.+fclagrcc-t-AxdcVO&Q 5+98 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California May REVIEWED AND APPROVED: ATTEST= / Cttly ministrator City Clerk INITIAT AN 7 PPROVED APPROVED AS TO FORM: DirfOfrComnFnity Services ( City Attorney 3 jmprk/agrcc.'laxdcGU8J2 5198 EXHIBIT A First Year Default Purchase Description Delinquent Number Price 110-222-29 1991-1992 92-006298 $1,800 See legal description attached 110-222-30 1991-1992 92-006299 $1,800 See legal description attached ji~XX UBIT"A" hnp--Vreso2uuor0"de6U&115:98 i • 110-222-29 The real property in the City of Huntington Beach, County of Orange, State of Califomia, described as* Lot 47 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County_ EXHIBIT"A" JmpWr soluuorV(Axdc C0825/98 110-222-30 The real property in the City of Huntington Beach, County of Orange, State of California, described as: Lot 48 of Tract No. 306, per map recorded in Book 14, Page 28 of Miscellaneous Maps, records of said Orange County EXHIBIT"A" ]mp•'k.'resof ution'taxdef'ORR 5;'9R SEE SPECIAL PAGE IID-229 FOR SUBSURFACE FEE TITLE ASSESSMENT =3 ' N.I/2, SE. 1J4, SE.I/4, SEG. 34 T. S S., R. I! Y!! ��*��"m�'° OMY `°°"""' I t o r 22, e �- O/l O[1T.N.N6!!S Om7:11!►ii!!- •s+ r 0011 NAXVS NO TO rM AMMA" • MOR 1S.lU1lE.i AMr/UARITT gm OTIEA USL3. �•• "' NOT To RIIIOOUCiA AU NG&M RLSOMCk *c0" W 0AAm"COINTT Af5l3lOR Ills w, F '• ti• ?,ij� 20 21 Ii} tor...._ ,� ;. � ,e= •..�,. .r A41 r ., S 6 7 e 9 i0 I I 12 13 •, . '��,�;•�1 ti h` 'ti .F ice`',,{,�r� � i 21 ! re N !c !s O _ F ♦.7S AC. i' ',; 4 i 2 1 09 I B 17 g 15 14 ..�Ys'�.r �, y:.• 1 o AVE. r I" = 100 so 47 T;5 aP if •O(el 2't P, 90 AG. I I 20 21 2 2 � 282 r.55 AC. MAIN (� S I 20 •Y,r � ,Y I MARCH 1951 rR NO. 306 M. M 14- 28 NOrE - ASSESSOR'S BLOCKS ASSESSORS.AIAP-- - ;,,' `•, PARCEL NUMBERS BOOK i!0 PA6E 22 SHOWN IN CIRCLES COUNTY'OF ORANGE .4jy` �4! ,,��. r.am.•(� r 't'..• RCA ROUTING SHEET INITIATING DEPARTMENT: COMMUNITY SERVICES SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OFFERING TO PURCHASE PROPERTY PURSUANT TO DIVISION 1, PARK6,. CHAPER 8, ARTICLE 2 OF CALIFORNIA REVENUE AND TAXATION CODE FOR TWO LOTS WITH TRACT 306 ELLIS/GOLDENWEST QUARTER SECTION FOR PARK PURPOSES COUNCIL MEETING DATE: September 21 , 1998 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator(Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below • . . Only)