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HomeMy WebLinkAboutSALE OF SURPLUS PROPERTY & Acquisition of a water well site STATE OF CALIFORNIA 'PARTMENT OF HEALTH SERVI OFFICE OF DRINKING WATER Application from: City of Huntington Beach _Water_ Division _ (Name ot-Utility Applicant: City of Huntington Beach nter the name of legalowner, persons or organization Address: 2000 Main Street , P.O. Box 190, Huntington Beach, CA 92648 (Address of legalowner, persons or organization _ To: Department of Health Services Office of Drinking Water Santa Ana District Office 28 Civic Center Plaza, Room 325 Santa Ana, CA 92701 Pursuant and subject to the requirements of Division 5, Part 1, Chapter 7, California Safe Drinking Water Act of the California Health and Safety Code (CHSC) , relating to domestic water supplies, application is hereby made for a permit to (Applicant must state specifically what is Construct and develop a rotary drilled, gravel envelope water being applied or - whether to operate a water system, to construct new works. to use existing works. to make well on the southeast corner of Warner Avenue and Oak Street in alterations or additions in works or sources. Note Section 4012. CHSC. regarding information to be submitted with the City of Huntington Beach for the Department of Public Works in application. --Additional sheets may be attached. connection with the Orange County Water District. Dated p , 1933 I JN4., declare under penalty of perjury that the statements on this application and on the accompanying attachments are correct to my knowledge and that I (we) are acting under authority and ' direction of the responsible legal entity under wh a name this application is ma By: Title: Address: Telephone: FI, FAxp:i, tfr�,Fir(.!uLS �E C ov:No i-6fS�6Dj3LE INSURANCE;. ,Aw Loan No. �, 9"7 01 IE0 JA WHEN RECORDED MAIL TO: 09-Aiw-i7 f's i i =is isiii Connie Brockway, City Clerk Recorded in Official Records Office of the City Clerk of Orange County, California City of Huntington Beach Lee A. Branch. County Recorder 2000 Main Street Page 1 of a Fees: O.G;t Huntington Beach, CA 92648 Tax: a B•O SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATE.., .,„ no consideration DOCUMENTARY TRANSFER TAX$............................................................ Same as Above Computed on the consideration or value of property conveyed:OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. The Undersigned Grantors Signature of Declarant or Agent determining tax—Firm Name AP #165-361-01, 03 (a portion) GRANT DEED -5440 3e FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, `_,f' D ( YUN MING KAO and CHUNG MEI KAO, Husband and Wife as Community Property OF hereby GRANT(S)to The City of Huntington Beach, A Municipal Corporation the real property in the City of Huntington Beach County of Orange State of California,described as The Southerly 50' of Lots 14 5 16, Block B, Tract 368, as per Map recorded in Book 15, Page 31 of Miscellaneous Maps, in the Office of the County Recorder of said County. kIPPROV D AS TO FORM:r Tax-Exempt-Government Agency. This document is solely for the GAIL =^O.i CITY OF HUNTINGTON BEACH officinl b!r^ine„ of the City CITY :ChEY Connie Brockway, CMC Of Fllcad::::en ,c�^?;, " eOnteID— ity Clerk plated turd;;; coc•..:::ue:rt Code By:., Sec. 6103 and should be recorded0��ZAttorney Deputy City Clerk free of charge. 1 i Dated March 17, 1993 } YUN MING STATE OF CALIFORNIA }ss. COUNTY OF } On before me, ale CHUNG MEI KAO personally appeared 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 signa— ture(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. CITY OF HUIVTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK .7 •`fi )=J DEED CERTIFICATION :, ` This is to certify that the interest in real property conveyed by the deed dated March 17, 1993 from KAO, YUN MING AND CHUNG MEI, et al to the City.of Huntington Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City L� Council of the City of Huntington Beach, pursuant to the authority ;1 conferred by Resolution No. 3537 of the City Council of the City of Ytr";•Ci Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. f� Dated: 6/24/93 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK B &eAg2yC •r. y: Deputy City Clerk r My 1518K/1519K (Telephone:714-536-52271 Order K ' Escrow Nc •65550DB kip Loan No. 1 16,,-3t )—� WHEN RECORDED MAIL TO: Mr. and Mrs. Yun Ming Kao c/o Mr. James Au Coastline Realty & Investment Co. 16901 Marina Bay Drive Huntington Beach, CA 92649 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: 0-* DOCUMENTARY TRANSFER TAX$................ Same as Above Computed on the consideration or value of property conveyed;OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. This office is exempt from filing fees under The Undersigned Grantors *Government Code #6103. No Tax Due Per Code 11922. Signature o anent or ant determining lax-Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION hereby GRANT(S)to YUN MING KAO and CHUNG MAI KAO, HUSBAND AND WIFE AS COMMUNITY PROPERTY the real property in the City of Huntington Beach County of Orange State of California,described as SEE EXHIBIT A, ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. APPROVED AS TO FORM:, GAIL HUTTON CIT 0:111EY U t y Attorney r M� Dated May 24, 1993 CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION 5 STATE OF CALIFOgAy)IA }ss. i_ .,;' ;l.i°�. .I " COUNTY OF a-Z GIs{Q_ } On T(.cn'- a 3 19 9 3 Before me, -A '. ''`.?!� �c+kr� A.n�elsan� aiu PkbGrc, _ By personally appeared Gra-ae t4. w r n ck e l'f 0.Adr- r':.6� a.Ij� Cv,t,,;� r3ro�kwaer rd/ clerk personally known to me (or-proved-lain-vHhe bssis-ct,-catistacioq to be the persor(s whose nameC4 irWa&ubscribed to the within i 1 , instrument a e/s nd acknowledged to me lhat� executed the same OFFICIAL NOTARY SEAL i E ;` 1 C;� i j;.;,.% LAURA A.NELSON in ' air uthorized capacity g,and that by air igna- Notary public—California lure@ on the instrument the person rt r the entity upon behalf of which ORANGE COUNTY My Conm.Expires JUL 06,1995 the persons acted,executed the instrument. WITNESS my han3lfflyd official se/al.. o C Signatur �(��C�1 (This area for official notarial seaq KAAII TAV CTATFAAFKITC Ac niPr=(.Tr-n ARr)VG tnn�lt!M EXHIBIT A ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, DESCRIBED AS FOLLOWS: LOT 12 IN BLOCK B OF TRACT NO. 368, AS SHOWN ON A MAP RECORDED IN BOOK 15, PAGE 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND WHICH UNDERLIES A PLANS PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOPMENT, PRODUCTION, EXTRACTION AND TARING OF SAID MINERALS, OIL, GAS PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SAID LAND, BY MEANS OF MINES, WELLS, DERRICKS AND/OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE DESCRIBED LAND, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OF THE ABOVE DESCRIBED LAND NOR TO USE ANY OF THE SAID LAND OR ANY PORTION THEREOF ABOVE SAID PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED IN THE DEED RECORDED SEPTEMBER 1, 1989 AS INSTRUMENT NO. 89-472223 OF OFFICIAL RECORDS. CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 25, 1993 Ms. Deanna Burton First American Title Insurance & Trust Post Office Box 267 Santa Ana, CA 92702-9975 Dear Ms. Burton: Enclosed are two deeds relative to your Escrow Order 93-65555DB Yun and Chung Kao. I would appreciate receiving the Document Recording Information on the city's Grant Deed to the Kao's when you have this available. I have enclosed a self—addressed envelope for this purpose. Sincerely, G�2G� Connie Brockway, CMC City Clerk CB:cc 1454K Telephone:714.536-5227) (0(11-�APPROVED l3Y CITY1L �-_ g3 RE�U S FOR CITY COUNCIL A TION E June 7, 1993 Date Submitted to: HONORABLE MAYOR AND CITY COUNCIL EMBERS Submitted by: MICHAEL T. UBERUAGA, City Administrat Prepared by: ROBERT J. FRANZ, Deputy City Administrato Subject: SALE OF SURPLUS CITY PROPERTY AND ACQUISIT O OF A ATER WELL SITE BY EXCHANGE Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: tJ STATEMENT-OF ISSUE: The remainder of a 6,619 square foot lot on Warner Avenue, acquired by the City for a street widening project, has no present or anticipated use to the City for street widening purposes. RECOMMENDATION: Adopt the attached resolution declaring the property surplus and approve its exchange and sale to the contiguous property owner to the west and authorize execution of proper documents by the Mayor and City Clerk. ANALYSIS: The City Water Division is in need of a water well site within the Warner/Beach area. This is one of few areas where there is a good aquifer which makes it a very desirable water well site. The Real Estate Services Division proposes that the City owned property be exchanged/sold for a portion of the contiguous property to the west. (See attached plan) The new location to be acquired by the City, would be ideal for a water well site. The proposed site is in the rear and adjacent to Oak Lane giving the City more accessibility to the well for servicing. The value of both properties was determined by an outside fee appraiser. The exchanged City lot bordering Warner Avenue will be available for commercial use when the exchanged property is joined to the contiguous owner. In the acquisition of'property for the Warner Avenue right of way widening project a whole take of property was necessary due to a residence being located in the proposed right of way. After demolishing the residence and dedicating 30 feet of the property for right of way and utility purposes, the balance of the property is now surplus to the city. This lot, located in the Oakview Redevelopment Project, due to its size, must be joined to other property to be developed. The sale and the water well site conform to the City's general plan. General Plan Conformance #92-5 was approved by the Planning Commission July 21, 1992. The parcel to be sold is 6,619 square feet. The parcel to be acquired is 5,979 square feet. The City lot, because of its location near mid block, does not make it suitable as a water well site. The City lot is valued at $152,000. The desired neighboring lot is valued at $115,000. The difference is $37,000 to the City. FUNDING SOURCE: Not applicable. Cash to the City in the amount of $37,000 less title and escrow charges. i I PIO 5/85 REQUEST FOR CITY COUNCIL ACTION Sale of Surplus City Property ALTERNATE ACTION: 1. Retain property for some possible future City use. 2. Sell without exchange. ATTACHMENTS: 1. Proposed Resolution 2. Plat Map 3. Escrow Instructions \ City Owned Parcel to be exchanged and sold. KEY Parcel to be acquired by City in exchange. FUTURE 1 NELL 517E / C 1 T� o � HUN71NO70N E3CH . WARNER AVE. 6 TRAG T 561 1LI 0 z AI � m 7759 7752 776 m 7792 . 7812 50.15 4q.50 � � 49.50 49.50 4G.50 4q.50 4q.50 395 0 DRIVEWAY5 �� ALLEY �- E I R DR. 7741 7751 7761 7771 7801 7811 7821 t ul uel 14U. Escrow No.:93-6555ODB Loan No. y.l WHEN RECORDED MAIL TO: Connie Brockway, City Clerk Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92649 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX 5............................................................ Same as Above Computed an the consideration or value of property conveyed;OR Computed an the consideration or value less liens or encumbrances remaining at 6me of sale. The Undersigned Grantors AP #165-361-01, 03 (a portion) ��Agent"ermir"tax— .m am GRANT DEED 54�0 FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, YUN MING KAO and CHUNG MEI KAO, Husband and Wife as Community Property hereby GRANT(S)to The City of Huntington Beach, A Municipal Corporation the real property in the City of Huntington Beach County of Orange State of California,described as The Southerly 50' of Lots 14 & 16, Block B, Tract 368, as per Map-recorded in Book 15, Page 31 of Miscellaneous Maps, in the Office of the County Recorder of said County. APPROVED AS TO FORM:/ Tax-Exempt•Government Agency, This document is solely for the GAIL } Oil CITY OF HUNTINGTON BEACH officirtl b:tsinci3 of the City CITY A, ORNEY Connie Brockway, CMC Of HUnti::.r::on. .tcac!i, as eontem- B Ity Clerk plated tntdcr Gocu:-:s,:eat Code y By: Sec. 6103 and should be recorded eputy City Attorney Deputy City Clerk V free of charge. i I Dated March 17, 1993 YUN MING STATE OF CALIFORNIA )ss. COUNTY OF ) On before me, j CHUNG MEI KAO Ipersonally appeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/sheflhey executed the same l in his/her/their authorized capacity(ies).and that by his/her/Iheir signs- lure(s)on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. i (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE 1002(1l9' LimCITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 17, 1993 from KAO, YUN MING AND CHUNG MEI, et al to the City of Huntington Beach, a municipal corporation, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: 6/24/93 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: AZ a � �_�J�.�,C Deputy City Clerk 1518K/1519K 1 Telephone: 714.536.5227) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES Date Connie Brockway City Clerk City of Huntington Beach Subject: S� j✓k�/Grp �1�� (address - Cros Streets) Dear Mrs. Brockway: Transmitted herewith is a deed for�/Lc9��ri-"ry/ �CGfffl'J✓�� (p pose) over portions of: 1. Lot Block Tract 3W 2. A.P. 3 6 1 — d L 3. Owner 4. Tax Rate Area Code Number It is recommended that you - e ag, L L�CeCU- Er cD8 Gc17►'L��'r /�'/✓-� Pau l Larkin Real Property Division CB:mj enclosure R• •KCHANGE ESCROW INSTRUCTIOP• Order No. 93-65550DB TO: FIRST AMERICAN TITLE INSURANCt COMPANY THIS AGREEMENT,made this 15th day of March 19 93 Between The City of Huntington Beach, A Municipal Corporation hereinafter referred to as First Party,and Yun Ming Kao and Chung Mai Kao hereinafter referred to as Second Party. That said parties hereto, for and in consideration of the mutual covenants, and agreements hereinafter contained, to be kept and per- formed, agree to exchange their respective properties hereinafter described, upon the terms and in the manner set forth in this agreement. The property which first party agrees to convey and which second party is to receive in this exchange is particularly described and set forth in the following schedule hereinafter designated as "Schedule 'A " SCHEDULE "A" You are to issue a First American, Title Insurance Company's standard coverage form Policy of Title Insurance with a liability of $ 152,000.00 on the property described in Schedule"A"containing the usual printed exceptions. All that certain real property situated in the City of Huntington Beacl�ounty of Orange State of California,described as follows: Lot 12, Block B, Tract 368, Orange County, CA aka AP# 165-361-04 with the appurtenances including 0 shares of water stock of the N/A The property described in Schedule"A" is to be conveyed subject to the following encumbrances: 1st- N/A Taxes of 19 93-94 2nd-Assessments 3rd—Covenants,conditions,restrictions,rights of way,easements and reservations of record, if any. 4th—Deed of Trust to/of record in favor of N/A The property which second party agrees to convey to the first party and which first party is to receive in this exchange is particularly des- cribed and set forth in the following schedule hereinafter designated as"Schedule"B'." SCHEDULE "B" Order No. 93-65550DB You are to issue First American Title Insurance Company's standard coverage form Policy of Title Insurance with a liability of $ 115,000.00 on the property described in Schedule "B" containing the usual printed exceptions. All that certain real property situated in the City of Huntington Beach County of Orange State of California,described as follows: The Southerly 50' of Lots 14 & 16, Block B, Tract 368, Orange County , CA aka AP# 165-361-01 and 03 (a portion), with the appurtenances including 0 shares of water stock of the N/A The property described in Schedule"B" is to be conveyed subject to the following encumbrances: 1st— N/A Taxes of 19 93-94 2nd—Assessments 3rd—Covenants,conditions,restrictions,rights of way,easements and reservations of record,if any. 4th—Deed of Trust,to/of record in favor of N/A WE HERESY CERTIFY THIS TO BE A TRUE AND CORRECT COPY The Deed to property described in Schedule"A"to be made to Fir �, erican Title Insu€--Ytce Company YUN MING KAO and CHUNG MAI KAO The Deed to property described in Schedule"B"to be made to THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION The terms of this Exchange are as follows: 1. First Party and Second Party shall open Escrow with First American Title Insurance Company as Escrow Holder. Escrow shall close within thirty (30) days of return of signed escrow instructions to Escrow Holder. 2. First Party and Second Party shall pay their usual and customary charges in escrow. 3. The value difference between Schedule "A" and Schedule "B" in the amount of $37,000.00 will be paid in escrow to the. Escrow Holder by Second Party upon request of Escrow Holder. Escrow Holder shall request a Cashiers Check made payable to First American Title Insurance .Company, or a wire transfer. 4. First Party and Second Party shall provide each other with a standard California Lard Title Association Policy at the close of escrow, free of any taxes, liens, encumbrances, bonds, or judgments and subject only to easements of record. r� 1038-1 (7/69) t�f� tltl Exchange Escrow Instructions Page 2. .arch 15th, 1993 Order # 93-6555ODB WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY Fir rican Title Ins sr nee C _ osnpa: By - - Prorate and/or adjust the following as of: the date of close of escrow: 1.XX Taxes covering Schedule "A" and "B" property based on the amount of the last tax statement of the Tax Collector 'ssued prior to tf close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used fc proration purposes,the difference, if any,will be adjusted by the parties herein outside of escrow.) 2. Fire insurance covering Schedule"A"and "B" property (including FHA mortgage insurance, if any). 3. Interest on all encumbrances covering Schedule"A"and "B" property,except on any improvement assessments or bonds. 4. Rentals covering Schedule"A"and"B" property per rent statement handed you. 5. Charge and credit the parties as applicable the amount of funds held in an impound account covering Schedule"A"and"B" propert• if any, in connection with an existing loan.You are authorized and empowered to deliver or record the documents and disburse the money when all the terms of this agreement ha,. been complied with and each of the parties hereto agrees to deposit in escrow with your company ON OR BEFORE two days before the close of escrow, the necessary Deeds and other papers, together with any and all money required by the terry herein, including commission to agents,to be delivered and paid upon compliance with the terms herein contained. You shall not permit the withdrawal of any papers,commission or any money deposited with it without the written consent of all partie hereto. Each party agrees to pay his respective escrow fee,documentary transfer tax in connection with his respective deed,and charges of Fir American Title Insurance Company, together with such sums as may be advanced by it and your company shall not be required to deliver c record any papers or disburse any moneys until all such escrow and title charges and advances, if any,have been paid and if either party fai or refuses to carry out his part of this agreement, such party promises and agrees to pay all escrow and title charges and advances and all corn missions herein agreed to be paid. Any money required to be paid either party hereto by the other, or any papers required to be delivered by one party to the other,shi be deemed property tendered when deposited.with your company. All disbursements shall be made by check. All funds received in this escrow shall be deposited in one or more of your general escrow a counts with any bank doing business in the State of California and may be transferred to any of your other general escrow account or account The expression "close of escrow" means the date on which instruments referred to herein are filed for record.All adjustments are to be mac on the basis of a 30-day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a polic of title insurance called for, is hereby authorized.Execute on behalf of the parties hereto,form assignments of interest in any insurance polici, (other than title insurance) called for herein and forward them upon close of escrow to the agent with the request,first,that insurer conser to such transfer or attach loss-payable clause or make such other additions or corrections as may have been specifically required herein,an second, that the agent thereafter forward such policies to the parties entitled to them. In all acts in this escrow relating to fire insurance, inclu( ing adjustments, if any, you shall be fully protected in assuming that each such policy is in force and that the necessary premium therefc has been paid. You are to furnish a copy of these instructions,amendments thereto,closing statements and/or any other document deposited in this e) change escrow to the lender or lenders and/or the real estate broker or brokers involved in this transaction upon request of such lenders c brokers. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow c the rights of any of the parties hereto, or any money or property deposited herein or affected hereby,you shall have the right to discontinu any or all further acts on your part until such conflict is resolved to your satisfaction,and you shall have the further right to commence or df fend any action or proceedings, for the determination of such conflict.The parties hereto jointly and severally agree to pay all costs,damage judgments and expenses, including reasonable attorneys" fees, suffered or incurred by you in connection with,or arising out of this escrow, it eluding, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleade you shall ipso facto be fully discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, each party instructs you to deduct therefrom a reasonable monthly charge custodian thereof of not less than$10.00 per month. Time is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additions time as is required to makean examination of the official records,you will return all documents,money or property to the party entitled theret upon satisfactory written demand and authorization.Any amendment of and/or supplement to any instructions must be in writing. First party agrees to pay N/A $ License No. as commission for procuring this exchange. Second party agrees to pay N/A $ License No.. as commission for procuring this exchange. It is agreed that in this agreement,the masculine gender includes the feminine and neuter and the singular number shall include the plug when the context so requires. First Party Secon P rty The City of Huntington Beach, A Municipal Corporation Yun Ming Kao By: 2000 Main Street Chung Mai Kao Address Address Huntington Beach, CA 92648 Phone No. (714) 536-5445 Phone No. 715L—s-ela 1038-2 l7 5; f • RESOLUTION NO. 6488 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN PROPERTY LOCATED IN THE VICINITY OF WARNER AVENUE AND OAR LANE TO BE SURPLUS AND DIRECTING THAT IT BE SOLD WHEREAS, the City of Huntington Beach is the owner of a parcel of real property generally located in the vicinity of Warner Avenue and Oak Lane in the City of Huntington Beach, State of California more particularly described in Exhibit "A" attached hereto and incorporated herein, and The City of Huntington Beach acquired such real property by deed as more fully set forth in Exhibit "B" attached hereto and incorporated herein by this reference; and The City Administrator has recommended to this Council that such real property be declared surplus; and Huntington Beach Municipal Code S 3 . 06 . 010(b) authorizes the City to dispose of surplus property, and sets out the procedures therefor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows : SECTION 1. The above described real property located in the City of Huntington Beach, County of Orange, State of California is declared surplus and the public interest and necessity require the disposition thereof . - 1 - SECTION 2 . That independent appraisals shall be obtained to establish the fair market value of such real property and property to be acquired in the exchange/sale. SECTION 3 . That the real property herein described is declared surplus and shall be exchanged and sold for cash and property. SECTION 4 . The real property herein described shall be exchanged and sold to contiguous property owner on the west, pursuant to City procedures for the sale of surplus real property. SECTION 5 . No bid shall be accepted from any individual having an outstanding land use violation on any bidder-owned real property within the City of Huntington Beach. SECTION 6. The City Administrator is hereby authorized and directed to execute all documents and take all steps necessary to dispose of such surplus real property pursuant to the determinations of this Council and the procedures set forth in Huntington Beach Municipal Code Chapter 3 . 06 . (REST OF PAGE NOT USED) 2 - PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 14th day of June 1993 . Mayor y� ATTEST: APPROVED AS TO FORM: City Clerk C"ttorney �2- 4 ,2.1,45 REVIEWED AND APPROVED: INIT AT D N PPROVED: City Administrator Director of Admini trat e Services - 3 - Exhibit "A" Legal Description: Lot 12 in Block B of Tract No. 368 in the City of Huntington Beach, County of Orange, State of California as shown on map recorded i Book 15, Page 31 of Miscellaneous Maps in the office of the County Recorder of said County. Except all oil, gas and minerals and other hydrocarbon substances lying below a depth of 500 feet without any right to enter upon the surface or the subsurface of said land above a depth of 500 feet. Assessor' s Parcel No. 165-361-04 Exhibit "B" Acquisition of Property: 1. Deed recorded September 1, 1989 2. Purchase Price $198,457. 3 . Authorization for purchase: See attached Resolution No. 4693 Res. No. 6488 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-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 adjourned meeting thereof held on the 14th, day of June , 19 93 by the following vote: AYES: Councilmembers: Bauer, winchell, silva, Sullivan NOES: Councilmembers: . . . . . None ABSENT: Councilmembers: Robitaille, Moulton-Patterson, Leipzig city U lerkand ex-officio Merk of the City Council of the City of Huntington Beach, California GENERAL PROVISIONS 1. DEPOSIT OF FUNDS AND DISBURSEMENTS: You shall deposit all funds received in this escrow in any bank insured by an agency of the United States Government, including your affiliated bank, First American Trust Company, in one or more of your general escrow demand accounts. These funds may be transferred to any other general escrow demand account or accounts, in the bank named below in Section 18, if federally insured. All disbursements shall be made by your check. You are authorized not to close escrow or disburse until good funds have been confirmed in escrow. 2. PRORATIONS AND ADJUSTMENTS: The expression "Close of Escrow" used in this escrow means the date of which instruments referred to herein are recorded and relates only to prorations and/or adjustments unless otherwise specified. All prorations and/or adjustments are to be made on the basis of a 30 day month unless otherwise instructed in writing. 3 . RECORDATION OF INSTRUMENT: You are authorized to record any documents delivered through this escrow, the recording of which is necessary or proper in the issuance of the requested Policy of Title Insurance. 4. AUTHORIZATION TO EXECUTE ASSIGNMENT OF INSURANCE POLICIES: You are to execute on behalf of the parties hereto from assignments of interest in any insurance policies (other than title insurance) called for in this escrow; forward assignments and policies upon close of escrow to the agent with request, first, that insurer consent to such transfer and/or attach a loss-payable clause and/or make such other additions or corrections as may have been specifically required herein, and second, that the agent thereafter forward such policies to the parties entitled to them. In all acts in this escrow relating to insurance, including adjustments, if any, you shall be fully protected in assuming that each policy is in force and that the necessary premium has been paid. 5. AUTHORIZATION TO FURNISH COPIES: You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers, and/or the attorney or attorneys involved in this transaction upon the request of the lenders, brokers or attorneys. 6. PERSONAL PROPERTY TAXES: No examination or insurance as to the amount or payment of personal property taxes is required unless specifically requested. 7. RIGHT OF CANCELLATION: Any party instructing you to cancel this escrow shall file notice of cancellation in your office in writing. You shall within a reasonable time thereafter mail, by certified mail, one copy of the notice to each of the other parties at the addresses stated in this escrow. Unless written objection to cancellation is filed in your office by a party within ten (10) days after the date of WE HEREBY CERTIFY THIS TO eat A TRUE AND CORRECT COPY '.= urancP Company Page 1 of 6 ,� y�y (Rev. 2/26/93) mailing, you are authorized at your option to comply with the notice and demand payment of your cancellation charges as provided in this agreement. If written objection is filed, you are authorized at your option to hold all money and instruments in this escrow and take no further action until otherwise directed, either by the parties mutual written instructions, or final order of a court of competent jurisdiction. 8. ACTION OF INTERPLEADER: The parties hereto expressly agree that you, as escrow holder, have the absolute right at your election to file an action in interpleader requiring the parties to answer and litigate their several claims and rights among themselves and you are authorized to deposit with the clerk of the court all documents and funds held in this escrow. In the event such action is filed, the parties jointly and severally agree to pay your cancellation charges, costs and expenses, and reasonable attorney fees which you are required to expend or incur in the interpleader action, the amount thereof to be fixed and judgment therefore to be rendered by the court. Upon the filing of the action, you shall thereupon be fully released and discharged from all obligations to further perform duties or obligations otherwise imposed by the term of this escrow. 9. TERMINATION OF AGENCY OBLIGATION: If there is no action taken on this escrow within six (6) months after the "time limit date" as set forth in the escrow instructions or written extension thereof, your agency obligation shall terminate at your option and all documents, monies, or other items held by you shall be returned to the parties depositing same. In the event of cancellation of this escrow, whether it be at the request of any of the parties or otherwise, the fees and charges due FIRST AMERICAN TITLE INSURANCE COMPANY, including expenditures incurred and/or authorized shall be borne equally by the parties hereto (unless otherwise agreed to specifically) . 10. CONFLICTING INSTRUCTIONS: Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall have the right to discontinue any or all further acts on your part until the conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of the conflict as provided in Paragraphs 7 and 8 of these General Provisions. 11. FUNDS RETAINED IN ESCROW: If for any reason funds are retained in escrow, you may deduct therefrom $20.00 as a monthly- charge as custodian thereof. Page 2 of 6 (Rev2/26/93) WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY Fir- Nm:ncan Title Insurance Co pant . F ' 12 . USURY: You are not to be concerned with any question of usury. in any loan encumbrances involved in the processing of this escrow and you are hereby released of any responsibility or liability. 13 . INDEMNIFY FOR ATTORNEY FEES AND COSTS: In the event suit is brought by any party to this escrow, including the title company or any other party, as against each other or others, including the title company, claiming any right they may have as against each other or against the title company, then in that event, the parties hereto agree to indemnify and hold harmless the title company against any attorney fees and costs incurred by it. 14 . AMENDMENTS TO ESCROW INSTRUCTIONS: Any amendments or supplements to these escrow instructions must be in writing. These escrow instructions constitute the entire escrow between the escrow holder and the parties hereto. 15. SUPPLEMENTAL TAXES: - Seller and Buyer acknowledge that the subject property may be subject to supplemental taxes due as a result of change of ownership taking place through this escrow. Any necessary adjustments due either party on receipt of a supplemental tax bill will be made by the parties outside of this escrow and escrow holder is released of any liability in connection with same. 16. PRELIMINARY CHANGE OF OWNERSHIP FORM: Prior to close of escrow Buyer will be sent a Preliminary Change of Ownership Report which is required by the County Recorder's Office to accompany documents called for herein at the time of recording, in accordance with Section 480. 3 of the Revenue and Taxation Code. Buyer is aware he must return the form completed and signed prior to close of escrow. If escrow holder does not receive this report prior to close of escrow, Buyer authorizes escrow holder to charge his account the sum of $20. 00 which is the fee the County Recorder charges for recording the Deed without the completed form. Buyer is hereby put on notice that the Assessor is required to mail out the form for completion later on if it has not been filed at close of escrow. 17. GOODS FUNDS LAW: The parties understand that all funds to close escrow must be deposited a sufficient number of days prior to the close of escrow in order to comply with Section 12413. 1 of the California Insurance Code. Generally speaking, wire transferred funds may be deposited into our escrow account anytime prior to the close of escrow. Cashier's checks and certified checks must be deposited into our escrow account the business day before the close of escrow. For information concerning holds on other types of checks, please contact your escrow officer. FIRST AMERICAN TITLE INSURANCE COMPANY WILL NOT BE HELD RESPONSIBLE FOR REIMBURSEMENT OF ANY INTEREST OR LOSS OF INTEREST BECAUSE FUNDS WERE DEPOSITED INTO ESCROW BY PERSONAL AND/OR CORPORATE CHECKS. Page 3 of 6 (Rev. 2/26/93) WE HEREBY D E A TRUE AN CORRECT COPY Fire Hmtxican Title Insur ce C m,p/any 18. ESCROW TRUST FUNDS: Buyer and Seller acknowledge that the escrow holder will be depositing all funds in escrow in a NON-INTEREST bearing fiduciary account at one of the following banks: BANK OF AMERICA WELLS FARGO BANK IMPERIAL BANK FIRST INTERSTATE BANK METRO BANK GUARDIAN BANK PACIFIC NATIONAL BANK COMMERCIAL CENTER BANK 19. REPORTING TO THE INTERNAL REVENUE SERVICE: The Tax Reform Act of 1986 provides that First American Title Insurance Company must report to the Internal Revenue Service certain information regarding all real estate transactions. This information includes, among other things, the Seller's social security number and/or tax identification number and forwarding address, and the gross sales price of the transaction. This is not a requirement generated by First American Title Insurance Company, but rather a means of complying with the new tax law. This information must be provided to First American Title Insurance Company upon the opening of escrow, and escrow cannot close, nor can the Deed or any other documents be recorded until the information is provided and the seller certifies the accuracy of the information in writing. By execution of these escrow instructions, the parties acknowledge receipt of this notice. 20. TAX REPORTING AND WITHHOLDING OBLIGATIONS OF THE PARTIES: State Law In accordance with Sections 18805 and 26131 of the Revenue and Taxation Code, a buyer may be required to withhold an amount equal to three and one-third percent of the sales price in the case of the disposition of California real property interest by either: a. A seller who is an individual with a last known street address outside of California or when the disbursement instructions authorize the proceeds be sent to a financial intermediary of the seller, OR b. A corporate seller which has no permanent place of business in California. The buyer may become subject to penalty for failure to withhold an amount equal to the lesser of 10 percent of the amount required to be withheld or five hundred dollars ($500) . However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be required to withhold any amount or be subject to penalty for failure to withhold if: 1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100, 00) , OR 2. The seller executes a written certificate, under the penalty of perjury, certifying that the seller is a resident of California, or if a corporation, has a permanent place of business in California, OR Page 4 of 6 (Rev.2/26/93) WE HEREBY CERTIFY THIS TO BE A TRUE AND CORRECT COPY F"i5�rican Title Insurance Company 3 . The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue Code) . The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding requirement. The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced withholding and waivers from withholding on a case-by-case basis. The parties to this transaction should seek an attorneys, accountant's, or other tax specialist's opinion concerning the effect of this law on this transaction and should not act on any statements made or omitted by the escrow or closing officer. The Seller may request a waiver by contacting: Franchise Tax Board Withhold at Source Unit P.O. Box 651 Sacramento, CA 95812-0651 (916) 369-4900 Federal Law Internal Revenue Code Section 1445 places special requirements for tax reporting and withholding on the parties to a real estate transaction where the Seller is a non-resident alien, a non- domestic corporation or partnership, a domestic corporation or partnership or partnership controlled by non-residents or non- resident corporations or partnerships. With respect to both the State Law and Federal Law referred to above, the parties to this transaction are seeking an attorneys, accountant's or other tax specialist's opinion concerning the effect of these laws on this transaction or are relying on their own knowledge of these laws. The Parties to this transaction are NOT acting on or relying on any statements made or omitted by the escrow holder, title officer, or other closing officer with respect to tax reporting or withholding requirements. 21. NOTICE OF AVAILABILITY OF TITLE INSURANCE Important: In a purchase or exchange of real property, it may be advisable to obtain title insurance in connection with the close of escrow since there may be prior recorded liens and encumbrances which affect your interest in the property being acquired. A new policy of title insurance should be obtained in order to ensure your interest in the property that you are acquiring. 22. DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS Internal Revenue Code Section 6109 (h) imposes requirements for furnishing, disclosing, and including taxpayer identification numbers in tax returns on the parties to a residential real estate transaction involving seller-provided financing. The parties understand that the disclosure reporting requirements are exclusive obligations between the parties to this transaction and that First Page 5 of 6 (Rev.2/26/93) R -fRJ!C ".ids CO"n`C' Copy r:rs h ericar_ Title Ir ur ;ice ompany American Title Insurance Company is not obligated to transmit the taxpayer identification numbers to the Internal Revenue Service or to the parties. First American Title Insurance Company is not renderinq an opinion concerning the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by the escrow or closing officer. To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Insurance Company to release any party's taxpayer identification number to any requesting party who is a party to this transaction. The requesting party shall deliver a written request to escrow. The Parties hereto waive all rights of confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title Insurance Company harmless against any fees, costs, or judgment incurred and/or awarded in connection with the release of taxpayer identification numbers. Seller's initials Buyer's initials Page 6 of 6 (Rev.2/26/93) GPrR`(C!nRnri T Als TO BE Wt:V -, ,� COPY A VUE r�t.`J C,:,,.ACT rm ericanTittelns Pany Fi�� nuran�C �yT � MEq �c A 14 FirstAmerican Title Insurance Company 40 114 EAST FIFTH STREET,(P.O.BOX 2M SANTA ANA,CALIFORNIA* (714)558-3211 FAX(714)973-1501 SUPPLEMENTAL ESCROW INSTRUCTIONS Deanna F. Burton ESCROWNO: 9365550D ESCROW OFFICER DATE: April 30, 1993 Our previous instructions are hereby modified-supplemented in the following particular(s)only. FIRST PARTY AND SECOND PARTY HEREBY AGREE TO EXTEND THE CLOSE OF ESCROW TO ON OR BEFORE MAY 31, 1993. ANY FURTHER EXTENSIONS MUST BE MADE IN WRITING AND AGREED TO BY ALL PARTIES TO THIS TRANSACTION. - �'s3�c' Ci:R6rY THIS TO B A TRUE AND CORRECT COPY F rs�" , .rican Title Insn u c Company By.- All other terms and conditions remain the same. END OF AMENDMENT Seller Buyer THE CITY OF HUNTINGTON BEACH 21 BY: ✓ CHUNG MAI KAO BY: BY: • �S t A M E g c 7 FirstAmerican Mle Insurance Company le�v 4 EAST FIFTH STREET,(P.O.BOX 2an SAWA ANA.CALIFORNIA* (714)&M-Mi FAX(714)973-1501 s SUPPLEMENTAL ESCROW INSTRUCTIONS Deanna F. Burton ESCROW NO: 9365550D ESCROWOFFICER DATE: April 30, 1993 Our previous instructions are hereby modified-supplemented in the following particular(s)only. FIRST PARTY AND SECOND PARTY HEREBY AGREE TO EXTEND THE CLOSE OF ESCROW TO ON OR BEFORE MAY 31, 1993. ANY FURTHER EXTENSIONS MUST BE MADE IN WRITING AND AGREED TO BY ALL PARTIES TO THIS TRANSACTION. b: F:E; E3" CER-i I F Y THIS TO BE A TRUE AND CORRECT COPY Firs*.American Title Insuranc Company AD other terms and conditions remain the same END OF AMENDMENT Seller Buyer THE CM OF HUNTINGTON BEACH J CHUNG MAI KAO BY: BY: w�'.`^5xv+v�^ eea-amp-vim. "p"-'.,..'�..e.� ,• _ .%:3= 'rq„'r^, ".,, "`:::2 ; ZClk PROPERTY 'J HENNESSEY & HENNESSEY DEC 071992 An Association of Real Estate Appraisers MANAGEMENT 17581 Irvine Blvd.,Suite 108 •Tustin,California 92680-3123 (714)730-0744 Joseph A.Hennessey Sharon A.Hennessey Senior Member,International Right of Way Association Senior Member,(`rational Association of Review Appraisers December 4, 1992 Mr. Dan Brennan Real Property Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: Letter Appraisal Report Property Exchange - Southeast Corner Warner Avenue and Oak Lane, Huntington Beach I At your request and authorization, the investigation and analysis necessary to arrive at the opinion of the fair market value for the above-referenced parcels has been completed. The date of value is November 13, 1992. i The City proposes to acquire a 50-foot by 99.65-foot parcel from the rear of the larger parcel owned by Mr. and Mrs. Kao. The larger parcel is identified as Assessor Parcel No. 165-361-01, -02 and -03. This parcel is to be acquired by exchanging it with Assessor Parcel No. 165-361-04, which is owned by the City of Huntington Beach. The City of Huntington Beach parcel is a 49.50-foot by 133.71-foot parcel. The purpose of this letter appraisal report is to determine the relative values of these parcels so that an exchange can be negotiated and completed. The function of this appraisal is to provide our client with an estimate of the values for negotiation purposes. City of Huntington Beach Parcel It is our opinion that the fair market value of the subject property as of the date of value is: ONE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($152,000) IJ MIN ®r ✓f Kao Parcel It is our opinion that the fair market value of the subject property as of the date of value is: ONE HUNDRED FIFTEEN THOUSAND DOLLARS ($115,000) Attached to this letter is a summary report which includes contingent and limiting conditions, certification, factual data, descriptive material, analysis, conclusions and opinion of value. J seph A. Sharon A. Hennessey I 2 I - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK Connie Brockway City Clerk City of Huntington Beach �L r g�v*4✓ Z A-AJ LXC}fA-A)6e- E5cp-0-IJ Subject : Dedication for / (address) Dear Mrs . Brockway: Transmitted herewith is a deed for C(nk 8 ,- #1 A�?. (purpose) over portions of 1 . Lot Af t-16 mzt4ock Ce Tract 360 2 . A.P.# 16s-3�1- oi,o3/ 3 . Owner �� yU/J /n/lJG K4z) 4 . Tax Rate Area Code Number It is recommended that you accept the deeds and transmit to the County Recorder for recording . Very truly yours, Paul Larkin Real Property Division CB:mj Enclosure 13 5 0K (Telephone:714-536-5227)