95-093 RESOLUTION NO. 95R-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING CERTAIN ACTIONS BY
CITY OFFICIALS RELATING TO THE PROPOSED
ACQUISITION OF CERTAIN REAL PROPERTY LOCATED
WITHIN THE CITY OF ANAHEIM WHICH PROPERTY IS
TO BE SOLD AT PUBLIC AUCTION BY THE COUNTY
OF ORANGE (REFUSE TRANSFER STATION #3)
WHEREAS, the County of Orange (the "County") is the owner of
a certain parcel of real property consisting of approximately 7.7
acres and located northwest of the intersection of Katella Avenue
and Douglass Road in the City of Anaheim, which property is more
particularly described on Exhibit "A"~attached hereto (the
"Transfer Station Parcel"); and
WHEREAS, the County has heretofore entered into an agreement
with the City of Anaheim (the "City") licensing the use of said
Transfer Station Parcel to the City for use as a vehicle parking
lot; and
WHEREAS, the City has heretofore sublicensed the use of said
Transfer Station Parcel to Ogden Facility Management Corporation
for off-street parking in conjunction with the operation and
management of the Arrowhead Pond of Anaheim, which facility is
owned by the City; and
WHEREAS, it is in the public interest and welfare to assure
that said Transfer Station Parcel continues to be operated as
off-street parking for events held at the Arrowhead Pond of
Anaheim; and
WHEREAS, the City and County have heretofore held
discussions concerning the possible sale of said Transfer Station
Parcel to the City but have not been able to agree upon the sales
price; and
WHEREAS, the County has heretofore declared said Transfer
Station Parcel as excess property of the County, has authorized
the sale of said Transfer Station Parcel, and has publicly
announced and advertised its intention to sell said Transfer
Station Parcel, and certain other parcels, at public auction to
be held on June 20, 1995; and
WHEREAS, it is in the public interest and welfare for the
City to participate in said public auction for the purpose of
acquiring such Transfer Station Parcel.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim as follows:
Section 1.
That the City Manager, or such other person as he may
designate as his representative, is hereby authorized:
(A) to take all steps necessary to participate in said
public auction of the Transfer Station Parcel on behalf of the
City, including the deposit of any required auction registration
payment or any other necessary payment and the execution of any
documents necessary in conjunction therewith; and
(B) to bid upon said Transfer Station Parcel up to an
amount as predetermined by the City Council in closed session
meeting of the City Council this date held with its real property
negotiator pursuant to the provisions of Section 54956.8 of the
Government Code of the State of California; and
(C) to deposit with the appropriate auction officials a
City check payable to the County of Orange in the amount of three
percent (3%) of the purchase price less the amount of any
registration fees (or such other amount as may be required by
rules of the auction) for purchase of the Transfer Station
Parcel; and
(D) to execute and deliver for and on behalf of the City a
purchase and sale agreement in substantially the form set forth
on Exhibit "B" hereof (or such other form as required by the
County of Orange which other form is reviewed and approved by the
City Attorney), and all other instruments, escrow instructions,
and other documents, as approved by the City Attorney, as may be
necessary to consummate the purchase of said Transfer Station
Parcel by the City.
Section 2.
That the City Treasurer is hereby authorized and directed to
draw upon the City Treasury such sums as may be necessary to
consummate the purchase of the Transfer Station Parcel, including
payment of any registration fees, purchases deposits, and the
balance of the purchase price in accordance with the rules of the
auction and the terms of the sale.
THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED by the City
Council of the City of Anaheim this 13th day of June, 1995.
MAYOR OF THE CITY OF~NAHEIM
ATTEST~-%
CITY CLERK OF THE CITY OF ANAHEIM
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 95R-93 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council
held on the 13th day of June, 1995, by the following vote of the members thereof:
AYES: MAYOR/COUNCIL: Tait, Lopez, Zemel, Fetdhaus, Daly
NOES: MAYOR/COUNCIL: None
ABSENT: MAYOR/COUNCIL: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-93 on the
13th day of June, 1995.
IN WITNESS WHEREOF, I have hereunto sat my hand and affixed the official seal of the City of Anaheim
this 13th day of June, 1995.
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-93 was duly passed and adopted by the City Council of the City of Anaheim on this
June 13th, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
1 Project Number: PM 124-3
Project Name: Refuse Transfer Station #3
3
PURCHASE AND SALE AGREEMENT
4
5
DATE: , 1995 at Santa Ana. California.
6
BUYER:
7
SELLER: County of Orange, a political subdivision of the State of Califorma.
8
9
For valuable consideration, BUYER agrees to purchase and SELLER agrees to sell the property
10 described in EXHIBIT A and shown on EXHIBIT B. both attached hereto, upon the t,~rms and
conditions stated herein for the purchase price of:
~' 11
12 Dollars ($ : ).
13 BUYER herewith gives SELLER a good faith deposit, bereinafter referred to as the "Purchase Deposit".
in the amount of Dollars ($ ).
14 Said Purchase Deposit is equal to three percent (3.0%) of the purchase price.
15
1. ESCROW (S)
16
BUYER selects the' escrow company indicated below as the escrow holder for this purchase. BUYER
17 shall pay all escrow fees in connection with the use of this escrow holder.
18 Escrow Company:
~, 19
Address:
20
21
22 Telephone:
23 BUYER and SELLER agree to execute escrow instructions reasonably required by the escrow holder.
Signed escrow instructions shall be delivered to the escrow holder within five (5) business days after the
24 date of this agreement and shall provide for close of escrow within forty-five (45) calendar days after the
date of this agreement, or sooner if it is mutually desirable to BUYER and SELLER. The term of
25
escrow shall not be extended, unless authorized in writing by SELLER.
26
Close of escrow shall be the date that the documents are recorded by the Orange County Recorder. If
27 escrow does not close within the original forty-five (45) day term, or within the term of any authorized
EXHIBIT &
PG_ ! . OF I ~
1 extension, SELLER may cancel escrow. In such event. the escrow holder shall remit to SELLER all
escrow payments made by BUYER, except an amount equal to the escrow and title cancellation fees. if
any, which shall be retained by the escrow holder. SELLER shall disburse this remittance in accordance
3 with Clause 12 (LIQUIDATED DAMAGES).
4 i The Purchase Deposit paid by BUYER outside of escrow shall constitute a portion of the purchase price
with the balance paid through escrow.
5
2. FINANCING (S)
7 All costs for financing, including new loans and/or purchase related costs, will be at the expense of
BUYER. This agreement is not contingent upon BUYER obtaining funds and/or borrowing to complete
8 this purchase.
9
3. BUYER'S COSTS (S)
10
BUYER shall pay all costs in connection with the purchase of the property. Such costs may include, but
11 shall not be limited to, escrow fees, title insurance policy fees, documentary transfer tax, recording fees,
and preliminary change of ownership fees. :
111
If all conditions of this agreement are met by SELLER, but BUYER does not complete the purchase,
BUYER will also be responsible for payment of all cancellation fees, if any.
14
4. SELLER'S COSTS (S)
15
16 SELLER shall pay no costs in connection with BUYER's purchase of the property, except the real estate
broker's commission, if any, as specified in Clause 18 (BROKER'S COMMISSION).
17
5. DELIVERY OF DOCUMENTS/FUNDS (N)
18
19 SELLER shall deliver to escrow a Quitclaim Deed, in the form attached hereto as EXHIBIT A, and such
other documents as are required to transfer title to the property.
Prior to the dam set for close of escrow and when so instructed by the escrow holder, BUYER shall
deliver to escrow:
A. The balance of the purchase price due;
113
B. The use fee due SELLER, as provided in Clause 8 (PURCHASE SUBJECT TO LICENSE
24 WITH THE CITY OF ANAHEIM); and
25 C. An amount sufficient to pay for all closing costs, as calculated by the escrow holder.
All payments specified above shall be by cash, cashier's check, or wire transfer such that the escrow
117 holder can disburse cash proceeds accrued to SELLER at close of escrow.
~ DA:sa 001 asr 05/01/95 2
EXHIBIT
~O ~) OF
6. TITLE INSURANCE (S)
2
There shall be no policy of title insurance provided by SELLER in connection with BUYER's purchase
3: of the property. However. SELLER has obtained a Preliminary Title Report through First American
Title Insurance Company. BUYER acknowledges that SELLER has made such Report available to
4 BUYER for review.
5
BUYER may obtain a policy of title insurance for this purchase at BUYER's sole cost and expense.
$ BUYER may elect to obtain such policy by instructing the escrow holder to order same and by paying
an amount equal to the title insurance policy cancellation fee, as determined by the escrow holder, at the
7 time the order is placed. This cancellation fee shall be applied to the cost of the title imurance policy,
8 provided escrow is not cancelled.
9 BUYER ACKNOWLEDGES THAT IN A PURCHASE OF REAL PROPERTY, IT MAY BE
ADVISABLE TO OBTAIN TITLE INSURANCE IN CONNECTION WITH THE PURCHASE
10 SINCE THERE MAY BE PRIOR RECORDED LIENS AND ENCUMBRANCES WHICH COULD
AFFECT BUYER'S INTEREST IN THE PROPERTY. A POLICY OF TITLE INSURANCE
11 SHOULD BE OBTAINED IN ORDER TO ENSURE BUYER'S INTEREST IN THE PROPERTY
12 BEING ACQUIRED. :
13 BUYER's initials /
14 7. VESTING OF TITLE (S)
15
Title to the property to be conveyed pursuant to this agreement shall be vested as set forth by BUYER
16 below. (Please print clearly.)
17
18
19
BUYER IS AWARE THAT THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT
20 LEGAL AND TAX CONSEQUENCES AND HAS GIVEN THIS MATTER SERIOUS
CONSIDERATION.
2'2 8. PURCHASE SUBJECT TO LICENSE WITH THE CITY OF ANAHEIM (N)
23 BUYER acknowledges and agrees that purchase of the Property shall be subject to the Amended and
Restated License between SELLER and the City of Anaheim dated February 9, 1993, and all revisions
24 and amendments thereto, hereinafter referred to as "License," and that SELLER has made such License
available to BUYER for review. BUYER shall be entitled to collect and retain all use fees paid as
provided in said License that are earned after the close of escrow; since the use fee provided in the
License are paid quarterly in arrears, BUYER shall credit SELLER for use fees earned by SELLER not
paid to SELLER prior to the close of escrow as provided in Clause 9 (PRORATIONS).
9.7
DA:sa 001 agr 05101195 3
EXHIBIT '~
PG '~ OF I ~
1 9. PRORATIONS (N)
Property taxes shall be prorated to close of escrow. Use fees earned by Seller, as provided in the
License shall also be prorated to the close of escrow and paid by BUYER prior to the close of escrow as
provided in Clause 5 (DELIVERY OF DOCUMENTS AND FUNDS). As said use fees are based on a
4 percentage of gross receipts and are paid quarterly in arrears, it will be difficult to determine the actual
amount of use fees earned by SELLER at the close of escrow. Therefore, the amount of $5.000 per
month shall be considered to be the use fees for the purpose of proration, herein.
There shall be no other prorations made in connection with this purchase and sale. All prorations shall
7 be made on the basis of a thirty (30) day month.
8 10. POSSESSION (N)
9
Possession of the property shall be delivered to BUYER at close of escrow, subject to said License.
10
11. TAXES (S)
~ 11
THE PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL
AFFECT THE AMOUNT OF PROPERTY TAXES. After close of escrow, a Supplemental Tax Bill
13 will be issued which shall be the responsibility of BUYER to pay.
14 12. PROPERTY PURCHASED IN "AS-IS" CONDITION (N)
15 BUYER acknowledges that SELLER has made a Hazardous Materials, Phase I Report of the property
16 available to BUYER for review. BUYER agrees that SELLER shall have no responsibility, financial or
otherwise, for maintenance, abatement, or remediation of hazardous materials, if any.
17
BUYER acknowledges that SELLER had made no representations, warranties, or agreements as to any
18 matters concerning the property, including, but not limited to, the marketability of title, the land.
~, 19 topography, climate, air, water, water rights, utilities, present or future zoning, soil, sub-soil. hazardous
substances, waste, or materials, the purposes for which the property is suited, drainage, access to public
roads, proposed routes or extensions of roads, or the availability of governmental permits or approvals
of any kind. BUYER represents and warrants to SELLER that BUYER and BUYER's representatives
and employees have made their own independent inspection and investigation of the property and
BUYER agrees to purchase the property in its "as-is" condition.
23 BUYER's initials /
24 13. LIQUIDATED DAMAGES (S)
25 IF BUYER FAILS TO COlVIPLETE THE PURCHASE OF TI~ PROPERTY AS HEREEN
26 PROVIDED, BY REASON OF ANY DEFAULT OF BUYER, SELLER SHALL BE RELEASED
FROM SELLER'S OBLIGATION TO SELL TH~ PROPERTY TO BUYER. BY IINITIALING
27
DA:sa 001 agr 05/01/95 4
EXHIBIT
OF f
BELOW, BUYER AND SELLER AGREE THAT, LN SUCH EVENT, SELLER SHALL RETAEN
2 AS LIQUIDATED DAMAGES THE PURCHASE DEPOSIT PAID BY BUYER, AND PROMPTLY
RETURN ANY EXCESS TO BUYER.
3
BUYER's initials / SELLER's initials /
4
14. PERMITS AND LICENSES (S)
5
6 BUYER shall be required to obtain any and all permits and/or licenses which may be required in
connection with the purchase and/or subsequent development of the property. No permit, approval, or
consent given to BUYER by SELLER, in its governmental capacity, shall affect or limit BUYER's
8 obligations hereunder. No approvals or consents given by SELLER, as a party to this agreement, shall
be deemed approval as to compliance or conformance with applicable governmental codes, laws, or
9 regulations.
10 15. ASSIGNMENT (S)
11 This agreement shall not be sold, assigned, or otherwise transferred by BUYER without the prior written
consent of SELLER. Failure to obtain SELLER's required written consent shall render such'sale,
assignment, or transfer void.
13
16. SUCCESSORS IN INTEREST (S)
14
Subject to the restrictions contained in Clause 14 (ASSIGNMENT), this agreement shall inure to the
benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns.
16
17. PARTIAL INVALIDITY (S)
17
This agreement shall be governed by and construed according to the laws of the State of Califorma. The
18 invalidity of any provision in this agreement, as determined by a court of competent jurisdiction. shall in
~ 19 no way affect the validity of any other provision hereof.
20 18. BROKER'S COMMISSION (S)
21 [] BUYER is represented by the licensed California real estate broker listed below and requests that
22 SELLER pay broker a commission from the sale proceeds in the amount referenced below.
BUYER acknowledges that no commission shall be paid unless the name of the broker is contained
23 in this agreement and the ag~ement is also signed by the broker.
Name of Broker:
25
26 Address:
27 Telephone: Social Security or Tax ID #:
DAsa 001 .agr 05/01/95 5
EXHIBIT
It is understood by and between BUYER and SELLER that:
2
A. The total amount of commission shall be two percent (2%) of the purchase price;
B. The full amount of the commission shall be considered earned at close of escrow:
4
C. No commission will be paid un/ess the purchase is completed.
5
6 BUYER's initials /
7 [] BUYER is not represented by a real estate broker and does not request that SELLER pay a
commission.
8
9 BUYER's initials /
10 19. NOTICES (S)
11 All notices, documents, correspondence, and communications concerning this purchase and sale shall be
addressed as set forth below, or as hereafter designated by written notice, and shall be sero through the
12
United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed
13 served or delivered twenty-four (24) hours after mailing. Notwithstanding the above, SELLER may also
provide notices, documents, correspondence, or such other communications to BUYER by personal
14 delivery or by regular mail and, so given, shall be deemed to have been given upon receipt.
15
1t5 BUYER SELLER
17 Name: County of Orange
c/o GSA/Real Estate
18 Address: 14 Civic Center Plaza, 3rd Floor
19 Santa Ana, CA 92701
20 Telephone: (714) 834-5369
Telephone: Refer to: Parcel No. PM 124-3
21
20. TIME (S)
22
Time is of the essence in the performance of BUYER's and SELLER's respective obligations
contained in this agreement. Failure to comply with any time requirement contained herein
24 shall constitute a material breach of this agreement.
21. AMENDMENTS (S)
26
This agreement contains the sole and only agreement between BUYER and SELLER relating
27 to the purchase and sale of the property described herein. All negotiations and agreements
~ DA:sa 00l agr 05/01/9~ 6
EXHIBIT ~
1 between BUYER and SELLER are merged into this agreement. Any oral representations or
modifications are of no force or effect unless contained in a subsequent instrument made in
writing by both BUYER and SELLER.
22. ATTACHMENTS (S)
This agreement includes the following. which are attached and made a part hereof:
5'
I. EXHIBIT A - Quitclaim Deed
7 II. EXHIBIT B - Location Map
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28 DA:sa 001 agr 05/0t/9~J 7
EXHIBIT
I SIGNATURE OF BROKER SIGNATURE(S) OF BUYER(S)
2
3
4
5
6
7
8
9
10
'~' 11 APPROVED AS TO FORM:
12 County Counsel
By:
14 , / ~ ~..~
16 I~COMM£ND£D FOR APPROVAL:
General Services Agency/Real £s~am
17
18 By:
$ELL£R:
21
2'2 COUNTY OF ORANGE
2a
25 By:
Director of Real Estate
General Services Agency
Per Resolution No.
27
28 DA:sa 001 agr 05101/95 8
EXHIBIT 5~)
PG_ 5~" __ OF_ ('D---
~ecorded at red. uest of. and
WHEN RECORDED MAIL TO:
ATTN:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
Computed on the consideration or value
of property conveyed: OR
Computed on the consideration or vaJue
less liens or encumbrances remaining at
time of sale.
By:
" GSA/REAL ESTATE
A. P. NO:
UNINCORPORATED AREA
INCORPORATED CITY OF ANAHEIM
Project/Parcel No: PM 124-3
Project: Refuse Transfer Station .¢3
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
COUNTY OF ORANGE, a body corporate and politic
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
all RIGHT, TITLE, end INTEREST in and to the real property in the City of Anaheim, County of Orange, State
of California, described as:
[See Page 2 for Legal Description]
EXHIBIT A
~ C~W~DOCUME.~T~.S~CC '/~S-~-~ MAIL TAX STATEMENTS AS DIRECTED ABOVE
EXHIBIT ~
PARCEL PM 124-3
That portion of Lot 4 of the Travis Tract as shown on
a map recorded in Book 5, Page 120, Miscellaneous
Records of Los Angeles County, California, described
as follows:
Beginning at a point in the center line of Douglas
Road. 40 00 feet .wide, distant along said center line
N. 06 33; 45" E., 85.00 feet from the intersection
of said center line with the center line of Ratella
Avenue, formerly Struck Avenue, as described in deed
to Orange County recorded in Book 611, Page ll of
Official Records in the office of the County Recorder
of said Orange County, and said Douglas Road as de-
scribed in deed in Book 682, Page 109 of Deeds, Records
of safd Orange County; thence, N. 89' 26' 15" W., 40.00
feet; thence, S. 51° 07' 19" W., 38.32 feet to a line
parallel with and distant Northerly 60.00 feet, measured
at right angles, from said center line of Ratella
Avenue; thence along said para}lel, lin~, N. 88° 53' 52"
W., 445.00 feet; thence, N. 35 18 47 W., 75.80 fee~;
thence, N, 01° 29' 28" E., 479.87 feet~ thence, N. 14
15' 43" E., ~t01.79 feet; thence, S. 88 53' 52" E.,
parallel with said center line of Katella Avenue,
527.13 feet to said center line of Douglas Road; thence,
So 0° 33' 45" W., along said center line of Douglas
Road, 615.00 feet to the point of beginning.
Dated COUNTY OF ORANGE
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD By
Chairman of the Orange County Board of
Supervisors
Kathleen E. Goodno
Acting Clerk of the Board of Supervisors of
Orange County, California
STATE Of CALIFORNIA )
)
COUNTY OF ORANGE )
ACKNOWLEDGEMENT
On , 1994, before me, , a Notary J=ublic in
and for said County and State, personally appeared Kathleen E, Goodno, Acting Clerk of the BOard of
Supervisors, County of Orange, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
W~TNESS my hand and official seal.
Signature
APPROVALS
Approved as to Form
County Counsel
By Date
DOUGLAS AVENUE ...........
PARCEL PM 12~3
[ Location ~ap ~ EXHiBiT