HomeMy WebLinkAboutW & D COMMERCIAL PROPERTIES, INC - 1977-11-07 s
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AGREEMENT FOR SALE OF REAL PROPERTY
This agreement is made and entered into this j�`' � dw, of
, 1977, by and between the City of Huntin_gfoi% Beach,
a Municipal Corporation hercinafter called "City" and W. $ D. Com-
mercial Properties, 7nC. , a California Corporation hereinafter
called "W. & D."
Witnesseth:
City desires to sell and W. & D. desires to purchase that certain
real property shown delineated i1y red lire in Exhibit "A" attached
hereto and by this :reference made a part hereof (hereinafter called
"saidd property") upon the terms and conditions as hereinafter set
forth. Fail legal descriptio,i in Policy of Title Insurance to con-
trol.
AW, THEREFORE, it is hereby agreed by and between City and W. & D.
as follows:
1. W. & D. agrees to purcraso from City and City agrees to sell and
convey by grant deed at .lose of sale to W. & D. said property in
fee, for a total purchase price of one hundred thirty-two thousand
one hundred eighty and no/100 dollars ($132,180. 00) in cash, to be
raid in full at time of closing.
2. Sale is subject to CC and R's, easements and encumbrances of re-
cord as of the date of close of sale.
3. City agrees to allow W. & D. to obtain at the sole cost and ex-
pense of W. & D. a left turn access to said property subject to
City's approval of all design, engineering,and construction Spec-
ifications.
4. This transaction is to be subject to and contingent upon W. & D.
acquiring, prior to close of this ;ale, title to the real: property
which is contiguous to said property a-id which is delineated by,
ree line in Exhibit "E" attached hereto. Written evidence that
Agreement for Sale of Real Property -2-
W4 F D. has acquired title to such contiguous property shall be
given to City prior to close of sale.
S. pity agrees, at its cost, to provide in i:avor of W. ; D. a standard
California hand Title Association Policy of Title Insurance cover-
ing said pruVerty desc.-ibed in Exhibit "A. '
6. Possession of said property shall be delivered to 11. & D. at the
time of closing. The closing Shall be at City Hall, 2000 Main
Street, Huntington Beach, within sixty (60) days following execs
Lion of this agreement by both parties or at such other time or
place as mutually agreed upon.
7. Taxes for the current year sha'.1 be prorated to date of closing.
8. Time is of the essence of this agreement.
9, If sale is not closed within sixty (60) days following execution
of this agreements by both parties, or at such other time as mutually
agreed upon, through failure on the part of 111. & D. to a=ully per-
form hereunder. , this contract shall be automatically cancelled.
without necessity of notice and shall be of no furt}-er force or
effect whatever.
APPROVED AS TO FORM:
W ; D. C eities, Inc. City Attorney
~ Mayor
NITESTt
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41 �R. E/r 'W 114, SEC. 25, 7-5 S., R.!!
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RESOLUTION NO. 3683
A RESOLUTION OF THE CITY COUNCIL OF TI!E CITY OF
HUNTINGTO.N BEACH DECLARING CERTAIN REAL PROPERTY
OF SAID CITY SURPLUS
The City Council of the City of Huntington Be:-ch does
hereby resolve as fillews:
SECTION 1. Pursuant to Division 3, Chapter 5, Arf-t:,ie 1
the California Government Code (Sections 37350 et seq. ) ,
ne City Council of the C;::y of Huntington Beach finds and
ecLares that certain city-owned, real property, hereinafter
7.,_re particularly described, is surplas property :
The East 100 feet of Lot 1 of Tract 4064 .
PASSED AND ADOPTED by the City Council of the City ,f
Auntingtr�; Beach at a regular meeting thereof held on the
day of May, 1973.
i
/ ay o r
City Clerk
.q.Fh0VED AS TO FORD:
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CONSIDERATION NO, 2 �'
ARIM
Res.' o. 1683
5'I'A1'li OF CAf.E!(:1tNlA
CCiMI'Y OF ORA.N(:Ir
CITY OF 11UNI'1MTON MAC )
I, ALIC A M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Ccuncil 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 more than a majority of all the members of said City Council
at a regular _ meeting thereof held on the 7tb day
Cf ma•r , 19 73 , by the following vote:
AYES- Councilmen:
5hiyley, Bartlett Gibbs Green Coen Duke Matney
NOES: Councilmen:
;`Tone
ABSENT: Counci-men.
None
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
w
ti
City of Huntington Beach
P.O. Box ISO CALIFORNIA %02648
OFFICE OF THE CITY CLERK
December 19, 1977
Wylie Carlyle, Recorder
County of Orange
E.O. Box 238
Santa. Ana, CA 92702
Dar SIX
1
Enclosed please find a deed to be recorded and returned to
Mr. and Airs. Joe Muniz, 19251 Newland Street, Huntington Beach.,
California, 92646.
Also please find a copy of said deed. We would appreaiata it very
much if you would return this as a conformed copy to the office
of the City Clerk, F.O. Box 190, Huntington Beach, California, 92648.
Sincerly yours,
Alicia M. Wentwortb
City Clerk
Eno. 2
?geed Muni¢, Joe
AP #111-120-10
Rescrj stion 4260
memo
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f
CITY OF HUNTINGTON BEACH 'CA 76-87
COUNCIL - ADMINISTRATOR COMMUNICATIONI
HUNrINGTON BEACH - ,
To The Ronora'ble Mayor and Front Floyd G. Belsito
City Council Mombers Acting City Administrator
Subject SURPLUS PROPERTY Date June 14, 197`6
Transmitted herewith is a resolution declaring as surplus
property Lot 27 of Block F of Garfield. Street. Addition.
The lot is ten feet wide and was previously dedicated to
the City in fee for alley right of way p��rposes4
Joe Muniz who owns the lots on either side of the eastern
half of the parcel in question, desires to acquire the
half that borders his property in order to consolidate
the properties for development purposes. Once declar.�,d
surplus, the lot in question will be split;, appraised, and
offered for sale. The lot is no longer needed for alley
right of way.
RECOMMENDATION:
Adopt the resolution declaring the property surplus.
4Floy G. Belsita
Acting City Administrator
FGB:bb
Attachments
` b;5 'm�"R Rg k' a f� .F'iRiY`! ° t..«....,.. n..°4'••y,,9,�g.
ROWRdti
aw Nip. :,: Cane' 4•p QS
.tan No. '�'HF.H A.£COIZ>'lE0 6tAil i`0:
`1
NtfEF{ RECORDED MAIL TO.
Joe Muni; & Geraldine Muni;
19251 Newland Street
" Huntington Beach, Calif.
92646
?N-+ SPAtS6 D,SOVIR THIS t.IHE FOR 11ECORDER'e USE
�^ MAIL TAX STATEMENTS TO: /
W=ARY TRP?d4;=F.R TAX
same as above :.CWnpated"the rnnaldoWon orvatea of prop rycomayad;Oft
�,...,Computed on the eorwWoration orvelma lap Hero or ancumC,;:na u
r'= rm einkny Pt time of eel®. �.
. ,�} 331a M Yi paalWaM.aJ Ap1tK d Irllnp a Pi��
FOR A VALUABLE CONSIDERATION, rtcekpt of sivhb+fi'ka heft,y acknowledged,
the City of Huntington Reach, a iaunicipal corporation
;;-mqKwatkm organized urger the taws of the state of California done hereby
GRANT to
Joe Muniz & Geraldine Y. Mun t
the real property in the City of Huntington Beach
County Of Orange ,State of California;described att
The east 300 feet of Iat 27 of Block V of Garfield Street Addition,
as ahown on a map recorded in Book 7, pages 27 and 28 of
miscellaneous Maps, records of Orange County, California
This document 3p Solely for th;
Afficlal business of the City
Of Huntixlgton Beach, as contem-
plated under Government Code
.PPROVED AS To,80T ; Sao. 6103 aW should be recordee
DON P. BONFA froo of charge,
City Attorney
� e*
y -
Dated
STATE Of C.IMFO NIA 1
COUNTY Ofmayor
�'�-'e S� Stt'a�taianq
bao» ma, Mtt arH*rt-d
a ° ✓9taoe pq�tinnity appory?
City Clerk
kna n 100 to he tti0 ,�- ptetptrpr.'rFtir'tiKtri$l:frrrtpe.
&nown to mr ia.he dta .: �rttvrteNOt CONNIFA 1;ROC'z41,kyn
I(rwr,rlf0 drill W bO tlri Pi+reD;B YAKP VstiFelt itlfv.vol� A }til1Tr 1'k.l7rt' Uif'kd",l/t
t at the carpa DCa�� n tAd.an8 atavMS r j�s. (lRtTiSf GCIt tk P
•r tharbich P--Vz tivxi tm� ;tIA'trMHtkn kuxnK_frdelf rer , k Ccfnz^,.,.nht:!ar kt Tl.)"."..l•.
tal>;vas+vu Or a,needtu�n.ots� 1r�= , _ 'yard¢ilurtneftrix.>isv;�nsr..r.:Fpat:�pt
t
Mlf7FlErgt my kl�aa{!4"d,gPtfotR � .,
$fraetarr r�' r t"fe a"fm dtlkW note W WA)
A!' 61REOTti p ABOVE �sqa ftataof
RESOLUTION NO. 4260
A RESOLUTION tar THE CITY C011NCiL OV THE CITY OF
HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY
OF SAID CITY SURPLUS AND STATING ITS INTENTION
TO SELL SUCH SURPLUS PROPERTY
I
The City Council of the City of Huntington Beach does
hereby resolve as f^-flows:
SECTION 1. Pursuant to Division 3, Chapter 5, Artiole 1
of the California Government Code (Sections 37350 et seq. ), the
City Council of the City of Huntington Beach finds and declares
that certai:7 eitywowned real property is surplus property, and
hereby declares its intention to sell such city-owned real
property, more particularly described as follows:
Lot 27 of Block F of Garfield Street Addition,
as shown on a map recorded in Book 7, gages 27 at.'
28, Miscellaneous Maps, records of Orange County,
California,
SECTION 2. The Acting City Administrator is hereby di-
rected and authorized to negotiate the sale of said property
suh%lect to approval and aozeptance by the City Council.
PASSED AND ADOPTED by the City Council of the City of
ffuntirvgton Beach at a regular meeting thereof held on the 21st
day of June, 1976
a
ATTEST: APPROVED AS TO FORM:
ClEy C er '...' f y tt .
APPROVED AS TO CONTENT AND AS FISCAL IMPACT
INITIATING DEPART z NT s F65..
FISCAL ifNPrACT- BUDGETED
et za ty s'tr�£oa* FISCAL IMPACT NOT BUDGE`fL�1..._,,._,.a
J OC:ahb REQUIRES FINANCIAL WPACT REPORY
yam. , .• ..[[
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AWE N in;
17m . AM
b$ . no. 4260
COMMSTATE OF C"100"TA
OF MUME
CIS' OF I , ON BEACH
t, ALICIA M. WERM s, tie duly icloot rd, qualified City
lC1erY Of thm City of H=tington Deemca, Cud ex-officto Clark of the
City Cecil of said City, do hbTe evv�M .fy that t'de whole ntrAor of
members of the City Council of the City of Huntiagton Beach is seven;
that the forer,-ing resolution was passed rod adopted by the affirmative
vote of more th.n a majority of all tht mambors of said City Council
at a regular meeting thereof held on the 21st chap
of dune 1976 by the following vote:
WiES: Councilman:
Bartlett, Pattinson, Gibbs, Siaberte Shenkman, Wieder
NOES: Councilman:
None
ABSENT: Council n:
Coon
oenopo a
City Clark -off eio Clark
of the City Council of the cityii,aforegoing nstruattesif isacorrecta ;q. of Huati on th' CaUfornia
rigtn
of the aal on file W WIS��ar�.
Altest
CiW Clerk and Ex-oiiicio Clerk of the
Council of the City of NuniiMb"
f
nv
a
City of HuntingtonBeach
a F.O. BOX 990 CALIFORN(A 92648
ENGINEERING DEPARTMENT
December 21, 1977
First American Title Insurance Company
P.O. Boy 267
Santa Ana, CA 92702
Attention: Larry Harms
Subject: Order #1232044
Gentlemen:
Enclosed is an executed copy of Grant Deed from the
City of Huntington Beach to W. & D. Commercial Properties,
Incorporated, together with a copy of an agreement dated
November 7, 1977, between the parties covering the sale
of the property. You are hereby requested to record the
deed upon receipt of funds in the amount of $132,180. 00
from W. & D. and also issue a ouandard California Land
Title Association Policy of Title Insurance covering said
property in favor of W. & D.
All costs incurred including Title Policy and sub
escrow fees should be billed to the City of Huntington
Beach, P.O. Box 190, Huntington Beach, CA 92648 to the
attention of Charles Davis, Real Properly Agent.
Thank you for your assistance in this matter.
Very truly yours,
H. E. 'dart e
g
Director of Zrulic Works
HEH:C.DD:lw
Encl.
rq$
City of Huntington Beach t�L �
GG
AND WHEN RECORDED MAIL TO
Nom• W & D Commercial Properties #
(ua-lal-1i'
111 C.
Addfen 1633 2 6 th St. P.O..Box 2114
u" a Santa Monica, Ca. 90406
L^
-------------• SPACE A UE THIS LINE FOR RECORDER'S USE
�I'iis doca-ment is solely for the
MA:I TAX STATEMENTS TO
official business of the City
Mara I & D Commercial Properties of Flu•ttzn�;ton Beach, a, contem-
Addie'' 16 Inc.n 26th 5t. P.O. Box 2114 plated under Oovernetent. Code
c;,, , Santa Monica, Ca. 90406 see. 6103 and should he recorded
s(ol. free of charge. •
L_
D.T.T.$-
Corporation Grant Deed
TO 406 CA (7.68) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Huntington Beach, a municipal corporation
Ht}Sr}k1£r]'i organized under the laws of the state of California
hereby GRANTS to W, & D. Commercial. Properties, Inc.
the following described real property in the City of Huntington Beach
Count)'of Orange State of California:
See Exhibit "A" attached hereto
APPROVED AS TO FORM..
DON P. BONFA
City Attorney
By: aeti,.�x•
A ity Alter y
In Witness ss �\ite:reof, said corporation has caused its corporate name'and scat to be affixed hereto alld lhi= •!n=trtt•
nn•nt to be executed by its - {tsrvv t anti Sd fi`
diereunlo(r�"�lv •lulborized. Mayo City Clerk
Dated: .���Q��
STAT1. OF CALIFOM-,"\
mayor
lac, (Ile tinder- li
e1"I.d. a Notary Public, in anti for said Stale. tretwmally appeared
known City Clerk
In me In Ile II,(!_._ .`�✓ t t�s'ui*ott,and
�ytc i� S�f f wo r{1`.__ known to me it) lie
hlU,N,f,pAL ,
tif"of(lic4(nrlinral inn lint eCCCUlcd the
Wotan lu,noment, known o, me lD be the per=nn� Trhn executed the
it, In.nument on behalf of the Cnrporation therein named, and
at knn,cicd�cd IH me Ihat such Corporatimi exeruled sit'xitl,in Inslro
meat pursuant to its h_.tsw»-ai-sr resolution;f its ItAa4-•+f--#liee!trr•n
wvrNESJ my hand and official
sLnd. h ��
Signatur • t
C 1-6y t I}
Plante l,Typed or Printed) trhld Aiva(,IT naitt:,t ua'A'A"-. At,
Title OiAcr NTo.__ D',e ote or Loan
MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT
The East 100 feet of Lot 1, of Tract No. 4064, as shown on a map
recorded in Book 142, pages 36 and 37 of Miscellaneous Maps, records of .
Orange County; California.
Exceating therefrom 50a of a 100% of all minerals, gas, oil, petroleum,
naphtha, and other hy&rocarbon substances in, under, or that may be
p,-oduced or recovered from that portion of said land below a depth of
500 feet from its surface, with and including in such exception and
reservation, for the benefit of those entitled thereto, the right at
any and all times to ent. upon and into and and all parts of the
portion of said land below such depth of 500 feet from its surface, for
the purpose of exploring and drilling for mining, developing, removing
and extracting any and all such substances, by slant or directional
drilling or other operation from other land, entering into and penetrat-
ing the land the subject hereof only below such depth of 500 feet from
its surface; but with (and there shall be) no right under such exception
and reservation of entry upon to use of the surface, or subsurface to
a depth of 500 feet below the surface, as reserved by Dorothy Thayer
Peck, Charles H. Thatcher and Title Insurance and Trust Company, a
corporation, all as trustees of the trust under written declaration
thereof by Carrie A. Peck dated December 18, 1936, as to an undivided
250 of said 100% interest and by Dorothy T. Peck, a widow, in her
individual capacity, as to an undivided 250 of said 100% interest.
Subject to taxes for fiscal year 1961-1962, not yet payable.
Subject also to covenants, conditions,, restrictions, reservations and
rights of way of record.
MARCH 19,16 NOU- ASSI'SSOR S PLOCR ® A!S£S900:1 YAR
PARCEL NUMSERS AFOCV A2 PAC,:'119
SHOWN IN CIRCLES COblrrr OF O.?ANQ£
FOR E 112, NW L14. SEA'2J, 7.73S, R. W 142- 12
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VARCH 1962 36 37
TR. AV.4064 Al.. M 142-36„J7 NOT£-ASSESSOR'S&Mie S ASS£SS(IRS 94P �P. Al. 30- / PARCEL NUM ERS 800K142 PAGE 12
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MARCH /976 VOTE- ASSES`'a'S ?:OCA' A FJSrS3Cy.` A1.40
PARCEL .NUMBERS BOOK W2 PASE 119
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TR. 14 4064 M. M. /42-36,37 NOTE-ASSESSOR'S BUxK a ASSESS017S A,14P
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� PaRCEL NUMBERS 9001r I42 PAG£12
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a
1. CITY OF HUNTINGTON I BEACH
COUNCIL-,ADMINISTRATOR COMMUNICATION CA 77-142
HUNTINGTON BEACH
Tr, Honorable Mayor and City From Floyd G. Belsit
Council Members City Administrator
Subject AGREEMENT FOR SALE OF REAL Date November 1, 1977
PROPERTY/EDINGER AND GOTHARD �{
On March 14 the City Council authorized the City Administrator to enter
into negotiations with W & D Commercial Properties, Inc. , for the sale,
of the City owned lot located on the south side of Edinger 416 feet east
of Gothard Street. Negotiations have now been completed.
Recommendation:
Authorize 'the Mayor and. City Clerk to execute the the attached Agreement
for Sale of Real Property between the City and W 8 D Commercial Properties ,
Inc.
Analysis:
The subject lot depicted on Exhibit A attached to the agreement, was
declared surplus on May 7, 1973. Because the dimensions of the lot, :
100 feet wide by 440 feet deep, would make it difficult to develop
commercially, Council in April, 1976, approved its sale to the adjacent
property owner so that the lots could be jointly developed.
At that time the adjacent property was in escrow, and the buyer, S. IV.
Schumacher, proposed to buy the City lot as soon as escrow on the adja-
cent lot closed. After several delays the adjacent property fell out of
escrow. W 8 D then offered to buy the City lot and also to purchase the
adjacent property from its owner, Blatt Distributing Company Following
direction from the City Council. in March,the City's real es e property
agent had the appraisal on the property updated and reached agreement'
with W & D on price and terms
The sale price is $132,180 to be paid to the City in exchange for the
grant deed within 60 days of execution of the agreement. The sale is
conditioned upon W & D purchase of the adjacent lot. Attached is a letter
from Jerome Blatt, owner of that lot, who indicates that Blatt Distributing
and W & D have entered escrow for sale of Blatt's lot contingent :upon
W & D purchasing the City owned property.
YOU will recall that tYae proceeds from the sale of the lot were de-
signated for use in purchasing the Phil.l.ip's property at Main and Orange.
Because of the delays in consummating the sale of the Edinger property,
$125,000 was advanced from the Redevelopment Agency Fund in order to
0
S
CA 77-142 -2- November. 1, 1977
close escrow on the Phillips property in July. Thus, $125;000 from
the sale of the Edinger property should be paid into the Redevelop-
ment Agency Fund.
It should be noted that Ordinance No. 2227 which sets forth a policy
of receiving bids for all surplus property to be sold by the City is
on the November 7th Agenda for adoption. Starting over in 'he process
of disposing of the lot in question by putting it up for bid is not
recommended. Several months have beep. spent in good faith negotiations
by both the City and 19 & D in arriving at the attached agreement. For
the City to renege at this point would not only jeopardize the sale of
the adjacent lot but might also delay and possibly jeopardize the joint
development of the two lots. Ordinance No. 2227 if adopted on Novem-
ber 7th will not become effective for 30 days.
Respectf 11y subm- t d,
chard A. Harlow,
Acting City Administrator
RAH/DLC:pj
Attachment
tJ
�f
• 6
a
I ILAI4450 INDUSTRY CIRCLE• LA MIRADA,CALIF 90638 • (213)868.0811• (714)523-4150
October 24, 1.977
Mayor of Huntington Beach
City of Huntington Beach
P.O . Box 190
Huntington Beach, California 92648
Re : City Owned Parcel Edinger Avenue near Gothard
Dear Sir :
As owner of the adjoining parcel of undeveloped land to the
east of the city owned parcel referenced above I was dismayed
to learn that there may be some question as to the City Council
ratifying the pending Agreement of Sale for the city' s parcel
to W & D Commercial Properties, Inc .
I entered escrow with W & D Commercial Properties March 2, 1977'
and accepted a contingency that the closing of said escrow was
conditioned upon the ability of W & D to acquire the adjacent
city owned parcel . I accepted this contingency based on the
previous verbal assurances of the city that they were desirous
of having both parcels developed as one integrated project.
W & D through its agents made an offer to the city to purchase
its parcel in March of this year. They were advised that the
city would have to obtain a current appraisal of said land and
that said appraisal would be submitted to the City Council for
their approval .
The appraisal was obtained and a value established of $132,180.
The City Council in its March 14th meeting authorized the City
Administrator , Mr.. Belsito , to enter into negotiations with
W & D Commercial Properties for the sale of the city' s parcel .
The City Attorney subsequently prepared an Agreement for Sale of
Real Property which was submitted to W & D Commercial Properties
W & D Commercial Properties accepted said agreement by executing
it and returning it to the city appro;.imately October 18, 1977 .
My concern and (he reason for this le•.ter stems from the fact
that the agents handling my property as well as the negotiations
between the city and W & D Commercial Properties have learned
that the ratification anticipated in the November 7th council
meeting may not be forthcoming and the council may decide the
property should be sold through a public auction.
4
Mayor of Huntington Beach October 24, 1977
Page Two
As a property owner and taxpayer. in the City of Huntington Beach
I would like to go on record as stating that if the city does not
consummate their end of this transaction which was entered into
on good fait;: , it will cause the pending sale of my property to
fail . Further , it will damage the future saleability of my
property.
The City Council should understand that I have been trying to sell
my property for the past three years unsuccessfully„ One of the
main reasons for my lack of success ha3 been the configuration
which is not conducive to a typical development. The dimensions
of my property are 176 feet of frontage by 440 feet of depth. The
city owned parcel which has 100 feet of frontage by 440 feet of
depth is even less developable.
By combining both parcels W & D Commercial Properties has prepared
a site plan anu secured te:7ants for- an integrated well -designed
commercial center which will be an asset to the city aesthetically
as well as in terms of tax- dollars generated to the city.
It should be noted that I had my property formally apparised and a
value established of $2.75 per square foot which is less than the
city will received on their parcel .
In conclusion, I feel tha city has both an ethical and legal obliga-
tion to consummate their transaction with W & 0 Commercial Properties
and hope you will make the necessary effort to insure that the council
ratifies the sale to W & D Commercial Properties at their November 7th
meeting .
Although Ahmanson Trust Company may appear as the owner of record ,
they are holding thz property for my company as our agent.
Very truly yours,
BLAXme
STRIBUTI G COMPANY
Vierlatt
JB:sm
cc : Mr. Bud Belsito, City Administrator
--Mr. Charlie Davis , Real Properties Administrator
Mr. Lyle Loshboug,h, Ahmanson Trust