Loading...
63-1030 Acctg. Off. Eng ineeIi.ng R/W RESOLUTION NO. 63R-I030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY HEREINAFTER DESCRIBED, AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO CONSUMMATE SAID SALE. WHEREAS, the City of Anaheim and the City of Fullerton are the owners of the following described real property situated in the County of Orange, State of California, to wit: The North 140.00 feet of the South 170.00 feet of the West 60.00 feet of the East 90.00 feet of the East one-half of that Southeast one- fourth of Section 36, Township 3 South, Range 11 West, S.B.B. & M. EXCEPT that portion to be dedicated for street and road purposes. Said rectangular parcel of property has net frontages of 40 feet on Orangethorpe Avenue and 120 feet on Magnolia Avenue less a 25-foot property radius at the street intersection. AND WHEREAS, said property is not presently needed by either of said cities for any immediate public use nor municipal purposes; and WHEREAS, Socony Mobil Oil Company, Inc. has offered to purchase said real property, together with the appurtenances thereto, for the sum of $20,000.00 cash, lawful money of the United States, $1,000.00 of said amount to be paid upon the execution of an agreement for the sale and purchase of said property by the Cities of Anaheim and Fullerton, as Sellers, and Socony Mobil Oil Company, Inc., as Buyer, and the balance of said amount to be paid at the close of an escrow to be entered into by said parties; and WHEREAS, the Cities of Anaheim and Fullerton desire to accept said offer and sell said real property; and HHEREAS, a form of agreement for the sale and. purchase of said real property has this day been submitted to the City Council of the City of Anaheim, a copy of which is attached hereto and made a part hereof, which agreement the City Council finds would be for the benefit and best interest of the City of Anaheim and. should be approved. NOW, THEliEFOP~, BE IT RESOLVED by the City Council of the City of Anaheim that the offer of Socony Mobil Oil Company, Inc. to purchase the hereinabove described property upon the terms and conditions and for the amount set forth in that certain agreement this day submitted to the City Council to be made and entered into between the Cities of Anaheim and FUllerton, as Sellers, and Socony Mobil Oil Company, Inc., as Buyer, a copy of which agreement is attached hereto and made a part hereof, be, and the same is hereby accepted by the City of L\naheim and said a~reement is hereby approved and the Mayor and City Clerk are h~reby_author~zed to execute the same for and on behalf of the c:_ ty at l\nahel.ffi. -1- .'1f" II: -'" BE IT FURTHER i'(ESOLVED that the City Manager or the Hayar and City Clerk be and they are hereby authorized to execute f!.ny and all othe~(~ documents necessary to conSUtmnate the sale of said real property. THE FOP~GOING P~SOLUTION is approved and signed by me this 24th day of December, 1963. .ATTJ~ST : i . -, "-+-..- .t--J..., / / ',-c" 1;1i-..~ / ,( . ?c:.,./ ~y.~._c.../ CITY CLERK OF THE CITY OF ANL~EIM STATE OF CALIFOI{NIA ) COUNTY OF ORA1~GE ) s s . CITY OF ANAHEIM ) I, DENE N. ~vILLIAMS, City Cler~c of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 24th day of December, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHEF: CERTIFY that the Mayor of the City of Imaheim approved and signed said resolution on the 24th day of December, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of i\naheim this 24th day of December, 1963. ,.-- '-.... '&f~E~~F ~~~~EIM (SEAL) -2- W'11 *~;,;,"..A~"~Mo/t'*"Y~"'J'ii""~'" - '.-[_:':--::T',I & '-'<.,...':.....~;,:::,:c,;,'-.;-,.:<-"'w~... ....... 1 AGREEMEH! POIi SALE AND PURCHASB OF REAL PROPD'fY · 2 THIS AGRiZKEN'l' aade this _ day of , 1963 3 by and between the CITY OP FULLERTON and the CITY OF ANAHEIM, 4 hereinafter tor convenieace only 60metlaes ~er.~ed to 88 .SELLER- 5 aDd SOCOlY MOBIL OIL COMPAI', INC., here1nafter for conyen1.nee 6 oBly someti.es referred to as "BUYER." 11 12 ! I I 13 i 1411 1511 jJ 16il /I 17/1 I ~ " 611 ..!. . Ii Ii _. i l. 9 f i n/"\ I ~I.) i I 21 i 22 : 23 24 25 20 2.7 28 29 301 , 31 32 7 ~I 8 '1. Seller agrees to sell to the Buyer and the Buyer 9 agrees to purchase of the Seller the following described real estate with the appurtenances situated im the County of Orange, S ta t e 0 f Cli Ii f 0 rn i a , to wit: The North 140.00 feet of the South 170.00 feet of the West 60.00 feet of the East 90.00 feet of the East one-half of that Southeast one-fourth of Section 36, Township 3 South, Range 11 West, S.B.B. & M. EXCEPT that portion to be dedicated for street and road purposes. . Said rectangular parcel of property has net frontages of 40 feet on Orangethorpe Avenue and 120 feet on Magnolia Avenue less a 25-foot property radius at the street intersection. 2. The terms and conditions of this contract are a. followss a. The purchase price is Twenty Thousand Dollars ($20,000) to be paid as follows: 1. One rphousand Dollars ($1,000) the , ~eceipt of which is hereby acknowledged shall be paid upon execution of this Agreement by Buyer. ii. The balance of the purchase price shall be paid at the close of the escrow described below. b. The sale shall be completed through an escrow to be opened by Buyer within thirty (30) business day., aDd Saturdays and Sundays are hereby defined a. not - 1 - ~""""<:'i~ "~~""l~c_4',,-;,~iit.:;,~.;,h,-",",.,,,, ".k"..,.i,""........~_*'F~~~r -tI" 21 !i !i I 22/: Ii 2311 Ii 24 Ii 2511 ,; 26 il 2711 281 I 29 /I 30 31 32 II II !i 1il. !I being busin... daT8, fro. the da7 of acceptance ot this Agree.ent, -aid escrow to be held b1 a title Oo.pany or eeorow agenC7 Bat1sfactor7 to Seller in the Count1 of Orange, State of California on the follow1ng terms and conditions and Seller and BU1er shall 1"'diate11 execute the same. 1. The escrow shall be for 120 days. ii. At the opening of escrow, Buyer shall deposit such sum as the escrow holder · Ii. 21' ,I 311 II ,Ij II 511 61 71 I 6 9 I: i 10!1 I: Ill; I! 1211 !: ij 131! 1/ 14:1 1511 1 I 161 I I 171. ,I 18/1 191/ II I. 20li may require as security or other use by escrow to discharge the performance of its escrow duties as charges to be borne br Buyer pursuant to the terms and conditions of this Agreement. iil. ~itle to the real property shall be delivered to Buyer free and clear excepting covenants, conditions, restrictions, ease- ments, rights and rights of way or record all of which shall be subject to the approval of Buyer within 14 dars of a receipt of a preliminary title report to the end that Buyer, 1s assured he can construct a service station facility and I . appurtenances thereto on said property. iv. Buyer agrees to obtain at his own expense an Owner's Policy of Title Insurance in the full amount of the purchase price written in favor of Buyer. Y. Escrow charges, recording fees, revenue sta.p., etc. shall be borne by Buyer. Taxes and assessments are to be prorated to clo.. of escrow. - 2 _ -. 1 vi. Possession shall be gi'Yen to Buyer at the ..... close of escrow. ~:. vii. Seller agrees to deposit into escrow 1ts 81 gii :1 Ii , 0 Ii ..L ! , Ii nil 'I 1211 I, II 1311 II 14!, ,,.. .1.0 l? , 18! 19:' 20 21 22 23 2,* 25" I 26 27 28 29 II 30 II ii 31 :! 1: 3211 Ii Ii Ii II i! I ~~-1T good and sufficient Grant Deed oODye11ng title and fee simple absolute to Buyer. viii. During the term of escrow, Burer and Buyer · sagen ts may enter upon the property for the purpose of performing engineering and surveying. i-x. No brokerage fees are to be paid in thl. transaction. x. As a further consideration for this Agreement, Buyer agrees that it will construe and pay for off-site Impro'Ye-.nts inoluding curbs, gutters, sidewalks, relooat1on or abandonment of utility and water coapany facilities contiguou8 to the premls.e conveyed not later than concurrently w1th the construction of a new aerY1ce atatlon facility on the premises; that Buyer further agrees to deposit into escrow, to be trans- ferred to Seller upon C10S8 of escrow, a bond or other lawful secur1ty ln the .~unt established by the City Engineer of the Clty of Fullerton in favor of City of Fullerton in guarantee of Buyer's fa1thful performanoe of this covenant to construct the aforedescribed off-site improyements. xio It is understood that Buyer promise. Seller: (a) To spend time and money to secure and acquire all necessary permlts for the construction, operation, J .... 1 2 3 maintenance of new buildings, 6 facilities and driveways ~qu1red in Buyer's business on the following described property, and (b) To acquire title to the following described property on terms acoeptable to Buyer within the 120-day escrow period herelnaboye provided: A portion of the East half of the Southeast quarter of Section )6, Township) South, Range 11 West, S.B.B. & M, described as follows: 4 7 8 9 10 11 12 13 1411 Beginning at the center line intersection of Orangethorpe Avenue and Magnolia Ayenue, said point being the true point of beginning; thence along the center line of Magnolia Avenue, North 00 26' 00" West 200.00 feet; thence parallel wi th th~ center line of Orangethorpe Avenue, South 89- 36' 00. West 200.00 feet; thence parallel with the center line of Magnolia Ayenue South.O. 26' 00. East 200eOO feet to a point in the center line of Orangethorpe Avenue, lorth 890 )6' 00" East, 200.00 feet to the true pol~t of beginning. Excepting therefro. the North 140.00 feet of the South 170.00 feet of the West 60eOO feet of the East 90.00 feeto , ~~ .1..-..1 16 17 18 101 .J.. ../ 20 I 21 22 it being further ProYlded howeyer, that if Buyer does not fulfill this coYenant XI of this Agreement to acquire the parcel described herein, this Agree.ent shall cease to be of any further force and effect, and shall forthwith become null and yold except for any remedies that any of the parties hereto, including the escrow holder, may have acquired pursuant to this Agreement prior to its termination date as herein 23 24 25 26 27 28 29 30 31 provided. c. Buyer shall not assign this Agreement or any interest 32 - 4 _ .' .'''~.,,~.., -'.'~"C'~"__cH_._~,...._c~,..c,~,.,.. ~""'.'___'_' .. .": ~ _.._~,~.. r -_____ ___~.__ 1 therein without the writt8b coDsent ot Seller first 2 had and obtained III1d . eonaOAt to one ."igmieat shall ;:, not be deeaed to be a conaent to 8DT subseq....t 4 ass1gnmento d. In Case suit shall be brought tor the perfOraaRce of this Agreement because ot the breach ot the COTenant herein contained on the part ot Buyer to be kept and performed, Blq'er shall PIl1 to Seller a reasonable attorney's tee which shall be tixed by the Court. 711.' ! :1 ,I a I,:" :! 'I 91; II 10/1 II 1111 e. Except in the eTent there are any legal detects in the title which Cannot be cured by Seller after Buyer has filed written notice thereof, all as els.-.ere herein ProTided, if Buyer Shall fail to eoaplete this PUrchase tor aJl1 reason set rortft, then the SWl ot #1,000 required to be deposited aDd paid Seller upon execution of this Agreement as proTided ia coYeDaDt 2.a.i shall be deemed Tested in aDd paid to Seller and in consideration ot Seller's speDdins time aad effort, incurring expenses aad as additlaaal ooa. pensation tor any 10s8 suttered as a conaequene. ot entering this Agree.ent, but sald aIBOW'lt sball aot: apply nor be an oft-set to the Pa,ment ot any at:*o...y fees payable to Buyer to Seller pursuant to OOT8Baat d hereinabove. 12 13/ 1411 151 16,1 17 18/' 19;1 il 20 Ii 21, 22 .. 231; 251/ Ii i 26 Ii 'I 27' t. Seller DJakes no agl"eementa or I"epresentatl~ otbel' than those eXpressly set torth herein, and no DOtltlo tion or amendment of this Agree.ent s~ll be ett.otlye or binding on the parties hereto 1U1t11 J'8dJIoed to wr1tinc and s1gned by the parties aereto. g. BuJ'er herobl warrants that it 1. lioq.1l'lq the ea!4 parcels desoribed 18 OOYellaDt 1 herell1aboY. top tile 28 29 301[ II '11// ~} ! : ') /I ::'<01 I j! J"T. ."", 5 t'JI' ~."eii;;'"'~'~"'''"'''''''....,,_''f.oM<~k-~,~,,~~''''''~~ 1 erection, maintenance and operation of new building8, 2 facilities and driveways required by Buyer or BUTer's 3 business, and not for speculation or resale to third 4 persons for other purposes than in this warranty 5 covenant herein contained; that as evidenoe of its 6 compliance with this oovenant of warranty, BuTer 7 will commence and complete the erection, maintenance 8 and operation of new buildings, facilities and driye- 9 ways required by Buyer or Buyer's business within 10 one rear from the date of the execution ot this 11 Agreement in the year and day first above written. 12 IN WITNESS WHEREOF, the undersigned haTe executed 13 this Agreement, the year and day first above writteno 16 17 14 SELLERs CITY OF FULLERTON, a Municipal Corporation~ 18 19 i 20 By Mayor of the City of Fullerton ATTEST: City Clerk of the City of Fullertpn SELLER : CITY OF ANAHEIM, a Municipal Corporation 21, 22' ,..,~ t::..) By _ Mayor of the City of Anaheim ATTESTs 24 25 ! i City Clerk of the City of Anaheim 26 27 BUYER a SOCONY MOBIL OIL COMPANY. IHC. A New.~. Yorit.. eotpo~e'Cit>t.o ..;. 28 29 By 30 31 32 By - 6 - !~ 1 STATE OF CALIFORNIA ) ) ss. 2 COUNTY OF ORANGE ) ~ v On this day of , 1963, 4 before me, a Notary Public in and for said County and State I personally appeared BURTON HERBST, known to me to be the Mayor and VIRGINIA FITZSIMMONS, known to me to be the City Clerk of ~. ~ 6 7 the City of Fullerton, a Municipal Corporation, that executed 8 the within and foregoing AGREEMENT FOR SALE AND PURCHASE OF 9 i REAL PROPERTY I and known to me to be the persons who executed i i 101 the within AGREEMENT on behalf of the Corporation therein named, II! and acknowledged to me that such Corporation executed the same. 121 \.JITNESS MY HAND AND OFFICIAL SEAL: I 1:111 Notary Public 1n ~~d for 14! said County and State I 151 16 17 181 19 20 ali \! 2211 2311 I I 24 ; 25 26 t I t I, 27 'i 28 29 30 I I 31 ! ! I 3211 Ii j i I ~A1r~-' STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) 550 On thi. , 1963, before me, day of a Notary Public in and for said County and State, personally appeared RECTOR L 0 COONS, known to me to be the Mayor and DENE M. WILLIAMS, known to me to be the City Clerk of the City of Anaheim, a Municipal Corporation, that executed the within and foregoing AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY, and known to me to be the persons who executed the within AG~E- KENT on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the same. \V'ITNESS MY HAND AND OFFICIAL SEAL: Notary Public in and for said County and State ~~"''"'~''''''''''"'~'_~';'','','--''''J''..i<e~~~,,,,,,,,,,,,^,,,,-~,~'''''''-''''i>.".~.";",,,,'~,.$-,_~It;..... -.--- '"P'r'-"'f"rP"\-'~,,~ "'I .J. 2 3 4 5 6 7 8 9 10 11 12 '1 ~ .LO 14 15 16 17 18 19 20 21 22 23 24 !i 251 i :! 261i Ii Ii 2711 .1 2811 ii 29/1 30 ! 31 32 I II I: j. L 'lf~ ....... STATE OF CALIFORNIA ) ) SSo COUNTY OF ORANGE ) On this day of I 1963, before me, a Notary Public in and for said County and State, personally appeared I known to me to be the and , known to me to be the of SOCONY MOBIL OIL COMPANY. INC., a Sew . 'fork . ~\. Corporation; that executed the within and fore- going AGREEMENT FOR SALE AND PURCHASE OF REAL PROPERTY, and known to me to be the persons who executed the within AGREEMENT on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same, and acknowledged to me that such Corporation executed the within AGREEMENT pur- suant to ita By-laws or a Resolution of its Board of Directors. Wrrtmss MY HAND AND OFFICIAL SEAL: Notary Public in and for said County and State