95-092 RESOLUTION NO. 95R-92
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 (ANAHEIM BLVD./HOMER STREET COMPLEX)
WHEREAS, the County of Orange (the "County") is the owner of
a certain parcel of real property consisting of approximately
1.24 acres and located AT 1133 Homer Street and 1170 Anaheim
Boulevard in the City of Anaheim, which property is more
particularly described on Exhibit "A" attached hereto (the "Homer
Street Parcel"); and
WHEREAS, the City and County have heretofore held
discussions concerning the possible sale of said Homer Street
Parcel to the City but have not been able to agree upon the sales
price and terms; and
WHEREAS, the County has heretofore declared said Homer
Street Parcel as excess property of the County, has authorized
the sale of said Homer Street Parcel, and has publicly announced
and advertised its intention to sell said Homer Street 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 Homer Street 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 Homer Street 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 auctidn officials a
City check payable to the County of Orange in the amount of
twenty percent (20%) 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 Homer Street 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 Homer Street 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 Homer Street 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.
CITY CLERK OF THE'CITY OF ANAHEIM
123~.l\JWHITE\Ju~ 7, 1995
STATE OF CALIFORNIA )
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-92 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 merebern thereof:
AYES: MAYOR/COUNCiL: Tait, Lopez, Zemel, Feldhaus, 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-92 on the
13th day of June, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim
this 13th day of June, 1995.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original
of Resolution No. 95R-92 was duly passed and adopted by the City Council of the City of Anaheim on
June 13th, 1995.
CiTY CLERK OF THE CITY OF ANAHEIM
PARCEL I.
The east 18 feet of Lots 13 and 14 of the Anaheim Home Tract, in the City of
Anaheim, County of Orange, State of California, as per map recorded in Book
6, Page 34 of Miscellaneous Maps, Records of Orange County.
Excepting therefrom the north 10 feet of said Lot 14.
PARCEL 2.
Lots 15, 17, 19, 21, 23, 25, 27 and 29 of the Anaheim Home Tract in the City
of Anaheim, County of Orange, State of California, as per map recorded in
8ook 6, Page 34, Miscellaneous Maps, Records of Orange County.
Excepting therefrom the east 10 feet thereof.
Also excepting therefrom the north 10 feet of said Lot 15.
Also excepting therefrom that portion of said Lot 15 described as follows:
Beginning at the intersection of a line that is parallel with and 30
feet westerly, as measured at right angles, from the centerline of
Homer Street as said Homer Street is shown on a map of the Anaheim Home
Tract recorded in Book 6, Page 34, Miscellaneous Maps, Records of
Orange County, California, with a line that is parallel with and 30
feet southerly, as measured at right angles from the centerline of
Romneya Drive as said Romneya Drive is shown on a map of said Anaheim
Home Tract, thence, westerly along last mentioned parallel line, a
distance of 15.02 feet to the beginning of a tangent curve, concave
southwesterly and having a radius of 15.00 feet; thence, southeasterly
along said curve through a central angle of 90° 05' 30', an arc
distance of 23.80 feet, to a tangent line, thence northerly along said
tangent line and said first mentioned parallel line a distance of 15.02
feet to the point of beginning.
EXHIBIT
PG J OF
PM 1127-4
Anaheim Blvd./Homer Street Complex
2
4 PURCHASE AND SALE AGREEMENT
6 DATE: , 1995 at Santa Ana, California.
7
BUYER:
8
9 SELLER: County of Orange, a political subdivision of the State of California.
10
For valuable consideration, BUYER agrees to purchase and SELLER agrees to sell the property
'~" 11 described in EXHIBIT A and shown on EXHIBIT B, both attached hereto, upon the terms and
conditions stated herein for the purchase price of:
12
13 Dollars ($ ).
14 BUYER herewith gives SELLER a good faith deposit, hereinafter referred to as the "Purchase Deposit",
in the amount of Dollars ($ ).
15 Said Purchase Deposit is equal to twenty percent (20%) of the purchase price.
1. ESCROW (S)
17
BUYER selects the escrow company indicated below as the escrow holder for this purchase. BUYER
18 shall pay all escrow fees in connection with the use of this escrow holder.
~' Escrow Company:
20
Address:
21
23 Telephone:
24 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
9.5 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
escrow shall not be extended, unless authorized in writing by SELLER.
27
DG:sa 003.agr 04128195 1
EXHIBIT
1 Close of escrow shall be the date that the documents are recorded by the Orange County Recorder. If
2 escrow does not close within the original forty-five (45) day term, or within the term of any authorized
extension, SELLER may cancel escrow. In such event. the escrow holder shall remit to SELLER all
3 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
· 4 with Clause 12 (LIQUIDATED DAMAGES).
5
The Purchase Deposit paid by BUYER outside of escrow shall constitute a portion of the purchase price
$ with the balance paid through escrow·
7 2. FINANCING (S)
8
All costs for financing, including new loans and/or purchase related costs, will be at the expense of
9 BUYER. This agreement is not contingent upon BUYER obtaining funds and/or borrowing to complete
this purchase.
10
3. BUYER'S COSTS (S)
11
BUYER shall pay all costs in connection with the purchase of the property. Such costs may include, but
shall not be limited to, escrow fees, title insurance policy fees, documentary transfer tax, recording fees,
and preliminary change of ownership fees.
14 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.
15
4. SELLER'S COSTS (S)
1'/ 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 17 (BROKER'S COMMISSION).
18
19 5. DELIVERY OF DOCUMENTS/FUNDS (S)
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.
21
Prior to the date 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; and
25 B. 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
holder can disburse cash proceeds accrued to SELLER at close of escrow.
DGsa 003 agr 04128195 2
EXHIBIT
I 6. TITLE INSURANCE (S)
2
There shall be no policy of title insurance provided by SELLER in connection with BUYER's purchase
$ of the property. However, SELLER has obtained a Preliminary Title Report through Continental
Lawyers Title 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
into escrow an amount equal to the title insurance policy cancellation fee, as determined by the escrow
7 holder, at the time the order is placed. This cancellation fee shall be applied to the cost of the title
insurance policy, provided escrow is not cancelled.
8
9 BUYER ACKNOWLEDGES THAT 1N 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
BEING ACQUIRED.
12
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.
21
22 8. PRORATIONS (S)
23 Property taxes shall be prorated to close of escrow. There shall be no other prorations made in
connection with this purchase and sale.
24
9. POSSESSION (S)
25
Possession of the property shall be delivered to BUYER at close of escrow.
27
DG:sa 003 agr 04/28/95 3
EXHIBIT ~
1' 10. TAXES (S)
2
THE PROPERTY WILL BE REASSESSED UPON CHANGE OF OWNERSHIP. THIS WILL
3 AFFECT THE AMOUNT OF PROPERTY TAXES. After close of escrow, a Supplemental Tax Bill
will be issued which shall be the re. sponsibility of BUYER to pay.
4
11. PROPERTY PURCHASED IN "AS-IS" CONDITION (N)
,5
BUYER acknowledges that SELLER has made a Hazardous Materials, Phase I Report of the property
available to BUYER for review. BUYER agrees that SELLER shall have no responsibility, financial or
? otherwise, for maintenance, abatement, or remediation of hazardous materials.
8 BUYER acknowledges that SELLER had made no representations, warranties, or agreements as to any
9 matters concerning the property, including, but not limited to, the marketability of title, the land,
topography, climate, air, water, water rights, utilities, present or future zoning, soil, sub-soil, hazardous
10 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
11 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
12
BUYER agrees to purchase the property in its "as-is" condition.
13
BUYER's initials /
14
12. LIQUIDATED DAMAGES (S)
15
16 1F BUYER FAILS TO COMPLETE THE PURCHASE OF THE PROPERTY AS HEREIN
PROVIDED, BY REASON OF ANY DEFAULT OF BUYER, SELLER SHALL BE RELEASED
17 FROM SELLER'S OBLIGATION TO SELL THE PROPERTY TO BUYER. BY INITIALING
BELOW, BUYER AND SELLER AGREE THAT, IN SUCH EVENT, SELLER SHALL RETAIN
18 AS LIQUIDATED DAMAGES THE PURCHASE DEPOSIT PAID BY BUYER, AND PROMPTLY
~ 19 RETURN ANY EXCESS TO BUYER.
20 BUYER's initials / SELLER's initials /
21 13. PERMITS AND LICENSES (S)
22
BUYER shall be required to obtain any and all permits and/or licenses which may be required m
23 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 lknit BUYER's
24 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
25
regulations.
26
27
~ DG:$a 003 agr 04/28/95 4
EXHIBIT ~
1 r 14. ASSIGNMENT IS)
This agreement shall not be sold. assigned, or otherwise transferred by BUYER without the prior written
;3 ~consent of SELLER. Failure to obtain SELLER's required written consent shall render such sale.
4 ] assignment. or transfer void.
15. SUCCESSORS IN INTEREST (S)
(3 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.
7
16. PARTIAL INVALIDITY (S)
8
9 This agreement shall be governed by and construed according to the laws of the State of California. The
invalidity of any provision in this agreement, as determined by a court of competent jurisdiction, shall in
10 no way affect the validity or' an>, other provision hereof..
11 17. BROKER'S COMMISSION (S)
[] BUYER is represented h.y the licensed California real estate broker listed below and requests that
1;3 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
14 in this agreement and the agreement is also signed by the broker.
1§
1(3 Name of Broker:
17 Address:
18 Telephone: Social Security or Tax ID #:
It is understood by and between BUYER and SELLER that:
A. The total amount of commission shall be two percent (2%) of the purchase price;
21
B. The full amount of the commission shall be considered earned at close of escrow;
2;3 C. No commission will be paid unless the purchase is completed.
24 BUYER's initials /
25 [] BUYER is not represented by a real estate broker and does not request that SELLER pay a
26 commission.
27 BUYER's initials /
2~ DG:sa 003 agr 04128195 5
EXHIBIT
OF
i 18. NOTICES (S)
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 sent through the
United States mail, duly registered or certified with postage prepaid. Any such mailing shall be deemed
4 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
delivery or by regular mail and, so given, shall be deemed to have been given upon receipt.
7 BUYER SELLER
8 Name: County of Orange
9 c/o GSA/Real Estate
Address: 14 Civic Center Plaza, 3rd Floor
10 Santa Ana, CA 92701
~ 11 Telephone: (714) 834-5411
1.~ Telephone: Refer to: Parcel No. PM 1127-4
13 19. TIME (S)
14 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 shall constitute a
15
material breach of this agreement.
16
20. AMENDMENTS (S)
17
This agreement contains the sole and only agreement between BUYER and SELLER relating to the
18 purchase and sale of the property described herein. All negotiations and agreements between BUYER
~ 19 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
20 SELLER.
21 21. ATTACHMENTS (S)
22
This agreement includes the following, which are attached and made a part hereof:
I. EXHIBIT A - Quitclaim Deed
II. EXHIBIT B - Location Map
//
26//
//
27
~ DG:sa 003.agr 04/28/95 6
EXHIBIT ~
1 SIGNATURE OF BROKER SIGNATURE(S) OF BUYER(S)
2
aJ
4
7
8
9
10
11 APPROVED AS TO FORM:
12 County Counsel
13 By:
14 /
15
16 I~COMMENDED FOR APPROVAL:
General Services Agency/Real £state
17
18 By:
SELLER:
21
22 COUNTY OF ORANGE
23
25 By:
Director of Real Estate
26 General Services Agency
Per Resolution No.
27
DG:sa 003 a~r 0~/28195 7
EXHIBIT ,-~
RECORDED AT REQUEST OF:
COUNTY OF ORANGE
GSA/RE.M~ ESTATE
14 CMC CENTER PLAZA, 3RD FLOOR
SANTA ANA, CALIFORNIA 92701
WHEN RECORDED MAIL TO:
ATTN:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $
X Computed on the consideration or value of
property conveyed; OR
__ Computed onthe consideration or value less
liens or encumbrances rel'~ining at time of
sale.
By:
GSA/REAL ESTATE
A.P. NO: 73-131-05
UNINCORPORATED AREA
X INCORPORATED, CITY OF ANAHEIM
Project/Parcel No: PM 11274
Project: Anaheim Boulevard/Homer Street Complex
QUITCLAE~I DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the COUNTY OF
ORANGE, a political subdivision of the State of California, does hereby REMISE, RELEASE AND
FOREVER QUITCLAIM to:
all RIGHT, TITLE, and INTEREST in and to the real property in the County of Orange, State of
California, described as:
(See Page 2 for Legal Description)
EXHIBIT A
MAlL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT '~
PARCEL 1.
The east 18 feet of Lots 13 and 14 of the Anaheim Home Tract, in the City of
Anaheim, County of Orange, State of California, as per map recorded in Book
6, Page 34 of Miscellaneous Maps, Records of Orange County.
Excepting therefrom the north 10 feet of said Lot 14.
PARCEL 2.
Lots 15, 17, 19, 21, 23, 25, 27 and 29 of the Anaheim Home Tract in the City
of Anaheim, County of Orange, State of California, as per map recorded in
Book 6, Page 34, Miscellaneous Maps, Records of Orange County.
Excepting therefrom the east 10 feet thereof.
Also excepting therefrom the north 10 feet of said Lot 15.
Also excepting therefrom that portion of said Lot 15 described as follows:
Beginning at the intersection of a line that is parallel with and 30
feet westerly, as measured at right angles, from the centerline of
Homer Street as said Homer Street is shown on a map of the Anaheim Home
Tract recorded in Book 6, Page 34, Miscellaneous Maps, Records of
Orange County, California, with a line that is parallel with and 30
feet southerly, as measured at right angles from the centerline of
Romneya Drive as said Romneya Drive is shown on a map of said Anaheim
Home Tract, thence, westerly along last mentioned parallel line, a
distance of 15.02 feet to the beginning of a tangent curve, concave
southwesterly and having a radius of 15.00 feet; thence, southeasterly
along said curve through a central angle of 90° 05' 30', an arc
distance of 23.80 feet, to a tangent line, thence northerly along said
tangent line and said first mentioned parallel line a distance of 15.02
feet to the point of beginning.
OlG:km ~
87g~-~ EXHIBIT Page 2
!2-6-94
PG q OF ( 0