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HomeMy WebLinkAboutG-3 - Acquisition of Property in Corona del MarCOUNCIL. AGENDA NO. l.r CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER By March 8, 1976 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: ACQUISITION OF PROPERTY IN CORONA DEL MAR nl(fir IIVIZWIN- Recently the City has been notified that the Department of Housing and Urban Development.has approved of the Environmental Impact Report concerning the City's acquisition of 'the parcel in Corona del Mar for the Senior Citizens' facility. This is the last remaining obstacle to the City's acquisition, and with the acceptance of the EIR the City is now authorized to purchase the parcel from the State. Attached you will find a copy of a letter from the State Department of Transportation agreeing to the negotiated terms, which are as follows: I. Total cost - $450,000.. 2. Remittance of $105,000 at the time the Purchase Agreement is executed. 3. Execution of -a Deed of Trust requiring payment of $200,000 on July 1, 1976, and $145,000 on July 1, 1977. 4. 7% simple interest will be charged by the State on the sums of money named in the Deed of Trust. During the original negotiating sessions a number of items were reviewed, such as appraisals, original acquisition price, and characteristics of -the land. Some of these items vfilich are of interest and .have a bearing on the proposed City acquisition are as follows: 1. The property was acquired in 1966 by the State for $880,75.3. 2. The State appraised the property in 1972 for $774,505. 3. The City obtained an appraisal in 1974, excluding all improvements on the property, for a range value'of $37.0,000 to $445,000. 4. The parcel presently contai,Is a nursery school composed of 5,000 sq. ft. of 'buildi j; a playground area; wal-kways; canopies; and a small parking facility.. These improvements Page -2- carried a replacement cost in "1974 dollars" of $272,140. 5. The one parcel is currently encumbered with a lease with Carden Schools requiring $1,874 per month in rental payments. 6. The two parcels contain 230,889 sq. ft:.., or approximately- 5.3 acres. It has been previously decided by the City Council, and HUD's approval of the £IR makes it possible) that the Community Development Block -Grant funds for the purchase of these parcels be utilized. The payment dates have been tailored to meet the requirements imposed by the Community Development Block Grant program. RECOMMENDATION: That the City Council approve of the resolution authorizing the mayor to sign the Purchase Agreement, the Installment Dote, and accept the property for and on behalf of the City of Newport Beach,by signing the Deed of Trust. RLW:mm QBER L C. 4YN f Attachment SPATE OF CALIFORNiA—BUSINESS AND TRANSPORTATION AGENCY fDMUND G. BROWN JR:, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 -a March 8, 1976 07.ORA-1 Parcel 41339-01-01 City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Attn: Mr. Robert L. Wynn City Manager Gentlemen: The Department of Transportation hereby offers to sell the above referenced propertyY to the City of Newport Beach for the appraised value of $'+50,000.00. The following portion of thi's letter when the duplicate copy is executed and returned by you with a Resolution from the City Council will' constitute the agreement for the purchase. This Resolution must indicate that this property will.be purchased for public purposes. The description of the public use must be specified in said Resolution. In the absence of the fore- going Resolution, a clause will be added to the Director's Deed restricting the property to a public use. This transaction will not be processed for the California Highway Commission approval until the duplicate copy of this letter is fully executed and returned with above Resolution. The City of Newport Beach, hereinafter known as purchaser, offers to purchase from the California Department of Trans- portation that certain property referred to above and depicted on the attached map for the Statel's appraised value of $450,000. The City will make payment in the following manner: 1. Remit $105,000 at the time this agreement is executed and returned to the Department of Transportation. 2. Execute a Deed of Trust naming the State of California as beneficiary with payments, including interest of seven percent (7%) of $200,000 due July 1, 197. The remaining balance, including inte.•,=st, will be due July 1, 1977. Edmund G. Brown Jr. STATE OF CAM FORNIA—BUSINESS AND TRANSPORTATION AGENCY WNXX'9-"Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304; !OS ANGELES 90034 March 31, 1976 7-Ora -1 Parcel 041339-01-01 INSTALLMENT NOTE - Interest Included $345,000.00 Newport Beach, California March 31, 1976 In installments as herein stated, for value received, we, jointly and severally, promise to pay to the State of California, or order at 120 South Spring Street, Los. Angeles, California, the sum of Three Hundred Forty Five Thousand and 00/100 Dollars ($345,000,00) with interest from March 31, 1976, on unpaid principal at the rate of .seven (7) percent per annum; principal and interest payable in two installments, the first installment due July 1, 1976, in the amount of $200,000.00 or more, the second installment due July 1, 1977, on which day the unpaid balance of said principal sum with the unpaid interest due thereon, shall become due and payable. Each payment shall be credited first on interest then due and the remainder on principal, and interest shall thereon cease upon the principal so credited. Should default be made in payment of any installment when due, the whole sum of.principal and interest shall at the option of the holder of this note become immediately due, - principal and interest payable in lawful money of the United States, If action be instituted on this note, we .promise to pay such sum as the Court may fix as attorney fee. This note is secured by Deed of Trust to Title Insurance and Trust Company, a California corporation, as Trustee. There shall be a penalty of 5% of any payment which is paid more than 10 days after its. due date. EXHIBIT A That portion *Blocks 93 and 96 of The A&Lne Subdivision, as shown on a map recorded in Book 1, page 88 of Miscellaneous maps, Records of Orange County, described as follows: Be -inning at the intersection of the northerly extension of Fortieth Avenue, now known as Narcissus Avenue, with the northeast line of Corona del Iver as said center line and northeast line are shown on a map recorded in Book 3, pages 41 and 42 of Miscellaneous 1fiaps, Records of Orange County, California, said northeast line being the southwest line of said Block 96; thence North 50° 141 20" West along said tract and block line and the southwest line of said Block 93 to the northeasterly extension of the center line of Thirty - Sixth Avenue as shown on said'Corona del Mar map, now known as Jasmine Avenue; thence North 520 341 20" East 197.40 feet to a point in a curve, the radius point of which bears North 370 561 10 ' Fast 4905 .00 feet from said point; thence southeasterly along -said curve through a central angle of 80 101 30", a distance of 699.85 feet to, the beginning of a tangent line; thence South W 141 20" East along said tangent line 485.00 feet; thence South 390 15' 30" West 348.75 feet to the point of beginning. EXCEPTING THEREFROM all oil, gas and other hydrocarbon substances in and under said land, together with the right to explore for, develop, extract and remove the same therefrom by slant drilling or other like methods, with derricks or drill rigs located outside of the bqundaries of said property, as reserved in the deed from The Irvine Company, a corporation, recorded Play 55 1959, in Book 4698, page 478 of Official Records. City of Newport Beach -2- Please indicate exactly nor title is to be vested; City of Newport Beach, a municipal corporation It is expressly understood by the purchaser that the right, title and interest in the property to be transferred by this sale shall not exceed that vested in the State of California. and that no Policy of Title Insurance will be furnished or escrow fees paid by the State of California in this transaction. It is further understood that the purchaser shall not have use of the property until a Director's Deed has been recorded. The purchaser agrees to the.above terms and conditions of sale. Place of execution Newport Beach, California Date of execution .ATTEST: CITY OF NEWPORT BEACH By — ty Clerk Mayor The terms and conditions of the above offer are hereby accepted subject to the approval of the California Highway Commission. o,r a� men ranspor a ion w. r0. Kerney Deputy Distri t Director Right of Way` Approved as to Dorm Asst. City Attorney 7. iG AND WH5N RECORDED MAIL TO Department of Transportation �m. a css P . 0. Box 2304, Terminal AnnEx A 5�`ay� LLos Angeles, CA 90051 SPACE ABOVE THIS LINE FOR- RECORDER'S USE TO 447 C CORPORATION DEED OF TRUST AND ASSIGNMENT OF RENTS —SHORT FORM Ora--:1/413.39 Tills Deed Of Trust, made this 30th day of Varch, 1976 between the City of Newport. Beach a corporation organized under the laws of the.State of California , herein called TRUSTOR, whose address is 3300 W. New ort Boulevard, Newport Beach, CA 92550 , (number and street) (,city) (zone) (state) TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRUSTEE, and. the State of California herein called BEIr&FICIART, t� W lltnesse.th: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in County, California, described as; TOGETHER WITH the rents, issues and profits thereof; SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) .of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of the indebtedness evjdenced by one promissory note of even date herewith, and any extension or renewal thereof, in the principal sum of E tip" 'Q executed by Trustor in favor of Beneficiary. To Protect the Security of This Deed of Trust,. Trustor Agrees; By the execution and delivery.of this Deed of Trust and the note secured hereby, that provisions (1) to (14), :inclusive, of the fictitious deed of trust recorded in Santa Barbara County and Sonorna County October 18, 1961,and in all other counties October 23, 1961, in the book and at the page of Official Records in the office of the county rrcor(ler of the county where said property is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY ROOK PAGE COUNTY BOOK 'PAGE COUNTY BOOT( PAGE Alameda 433 684 Kings 792 833 Placer 895 301 Sierra 29 335 Alpine 1 256 take 362 39 Plumps 151 5 siskiyou 468 181 Amodor 104 348 Lassen 171 471 Riverside 3005 523 Solono 1105 182 Butte .1145 1 Los Angeles. T2055 899 : Sacramento 4331 62 Sonoma 1851 689 Coloveras 145 152 Madera 310 170 San Benito 271 383 Stanislaus. T715 456 Colusa 296 617 Mar,in 1508 339 San.Beinardino • 5567 61 Sutter 572 297 Contra Costa 3978 47 Moriposa 77 292 San Francisco A332 905 Tehoma 401 289 Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366 El Dorado 568 456 Merced 1547 538 San Luis Obispo 1151 12 Tulare 2294 275 Fresno 4626 572 Modoc 184 851 Son Mateo 4078 420 Tuolumne T35 47 Glenn 422 184 Mono 32 429 Santa Barbara 1078 860 Ventura 2062 386 Humboldt 657 527 Monterey 2194 538 Santa Clare 5336 341 Yolo 6S3. 245 Imperial 1091 501 Napa 639 86 Sonia Crux 1431 494 Yuba 334 486 Inyo 147 598 Nevada 305 320 Shasta 684 528 Kern 3427 60 Orange 5889 611 San Diego Series 2 Book 1961, Page 183887 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though ;et forth herein at length; that it will observe and perform said provisions; and that the references to property, obligations; and parties in said provisions shall beconstrued to refer to the property, obligations, and parties. set forth in this Deed of Trust. The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder .be mailed to it at its address hereinbefore set forth. STATE OF CALIFOIINT& Signature of Trustor COUNTY OF S' on before me, the _ undersigned, a Notary Public in and for said State, personally a corporation By President known to me to be th president, and Secretary known to me to he the Siecretary of the corporation that executed the within instrument, and known to me t4 be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such eorperation executed the within instrument pursuant to its by-laws or a.resolution of its board of dirertorr. WITNESS my hand and official seal. 15ea1 t ----- Name (Typed or Printed) :Votary Public in and for said Slate DO NOT RECORD The follow -rap is a copy of provision& ill f 1, inclusive, of the fictitious deed of fount, retarded in eoc ly im California, as stated in thu foregoing Deed of Tnrsf and incorpafaled by irfesrnce 'in said D,cd of Trust as being a partthereof as if setforth at length therein. To Protect the Security of This Dec(I of Trust, Tnisfor Agrees! 11) It 'keep said Property in good condition and repair; not to. remove or demolish any building thereanr to complr•fn m restore p'amptly and in gmcd cre. wa,Imanlike manner any buiidi0& which may be constructed, dmnuped cu destroyed Ihereon and to pay when due all claims for 'iobor performed and mats-rluls to comply with all lows affecting said property or requiring .any alterations or improvements is be made thereon: mat to commit or Permit waste thereof; not to cam mil, cufier ai perrriif-any alt.uPbn said psoperly in violation of law; IQ cultivate, iWgate, ferKlizas fumigate, Prune and do all other ices which from the character or use of ;aid property '.may be reasanab;Y :necessary, the &Pacific enkincerutisns herein not excluding the general. fl" To ,:w:: da; maintain and deliver to Eenea: iniy. fire rnsurohca socrsfacirry to and -with Iasi payable to RAnepciory. The smarm, roflecfed under any Fl:c f nthe- nzurence Folicy racy be ooPiied by Beneficiary upon any indebtedness secv.ed hereby and in such order as Beneficiary .may determine, or at option of Ben-+icicry the entire amount •P cailerfed nr any pare thereof may Se released to Tru&tor. Such opO,cottan ar release shell not cure or waive any default or notice of default hereunder ar ;ns-a£idafe any 40 dBne, pursuant to such notice. fI, To arpepr in and defend any action cr proceeding POPorling to affect the security hereof or the rights or powers of 6eneficiary or Trustee; and to poy all cast& and earn&es, including cast of evidence of fifle and attorney'& fees in a reasonable :um, in any such action or proceeding in which Beneficiary or: Trustee may appear, and in nmY suit brought by Beneficiary to foreclose this Deed" (ef 'To pay:, of least ten days before delinquency air taxes and arse —ems affccfing said ptaperfy, including assessments on oa Purtenaml ware; siarkr when our. oil . %neenShrpnce&, charges and liens, with intereslr on sold Pia Perty or any part thereof, which orpeor to be prior at superior hetela; all cacti, fees and erpan<es at this Tfur1. Should Truslor fail to make any payment or to do onyocf as he,eim provided', then Beneficiary or Ti'usgee, but without obligation so to do and wi:hsut nonce ea or rferaond upon Trusfar and without releasing 7rurtor from any obligation he: ens, may: make or do the came. in such manner and is such extent as either may Germ necessary to protect Hie security heri-elf, Beneficiary as Trustee be;ng authorized to enter upon said property forsuchpurposes: aPpear in and defend any action or .Proceeding Purporting to affect vise security hereof cr the rights or powers of Beneficiary or Trsrstee: pay, purchase, contest or compromise any incumbrance, charge or lien viHrh in she judgment of elther oPPeari to be prior or iupedot betetni and, in exercising any such pawersrpay necessary expenses, employ counsel and Pay his rea&aneble fee&. 1.5) `Tn. pay immediately and without demand all sums so ex Pended by Beneficiary or Trwfeer with interest from date of expenditure at the emount 6rlcwed by low is effecl et The date hereof, end to pay for any statement provided fat by lawin effete at the date hereof regarding the obligation secured hereby any oma r demanded by the Generciary not to exceed the maximum allowed by few at the time when said statement is demanded. ifr 'Thai any award of damages in connectionwith any condemnation far Public use of a, iniurY to said property ar any Port thereof is hereby assigned end shot[ be Pord to Beneficiary who may apply ar release such money& received by him in the some manner andwith the some effete as above _provided for disposition of proceeds of fire or other 5niuranca. - 17) 'Thal by occspfrmg payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all ether sums so secured or to doctors default far failure so to pay. rat The of any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said nafe far amdar&ememf, and wilhotd affecting the personal liability of any person for Payment of the indebtedness secured hereby, Trustee may: reconvey any part of sald property; consent is, the making of any map or plat thereofi join in granting any easement fhetesmi or join in any extension agreement or any agreement submdinatin§ the f7en or eliargs herself. _ (91 That upon written' request of Beneficiary sealing that all sums -secured hereby have been paid, and upon surrender of this Deed and said mate to -Trustee for cancellation and retention and upon payment of its feet, Trustee shalt reconvey, without warranty, the property then held hereunder. The rediols In such recanveyance of any 'matters or facts shall be: conclusive proof of the tralhfulmess thereof. The grnnlee in such tecomveysmce may be described as "the person or persons legaily entitled there're.,' Five years after issuance of such fuli recanveyance, Trustee mcsY destroy said note and Phis Deed fume&s directed in such request to retain them). (10) That as additional security, Tiuslar hereby gives to and comfers upon Beneficiary the right, Power and oulhority, during the continuance of these Trusts, to collect Ike rents, issues and profits of said property, reserving unto Ttu&lar the tight, prior to any default by Tt.ustar in payment of any indebtedness secured hereby or in perform - eke of any agreement hereunder, to collect and tetain such rents, issues and profits as they became due, and payable. Upon any such default, Beneficiary may at any time without riaf'rcr, either in Person, by agent,. or by a receives to beappointed by a court, and without regard to the adequacy of any security fat the indebtedness hereby secirtatd, enter upon anal take possession of said property or any part theieafr in his awn nome sue for of otherwise collect such rent&, issues and profits, fact aeiag those past due and unpaid, and apply the some, less casts and expenses of operation and collect£an, including reasonable atimney's fees, upon any indebtedness secured herebri and in such' order as Beoeficlaiy may determine. The emitting upon and taking possession of said propertyr the collection of such remsr 'issues and profits and the application thereraf a& aferres a'rd, shall oaf cure at waive any default or notice of default hereunder or invalidate any act done pursuant 10 such 'notice. 011) That upon default by Truster in paymemf of any indebtednesssecured hereby or .in Performance of any agreement hereunder, Beneficiaty may declare all sums ,eecuced trereby immediately .due and Payablebydelivery to Trustee of written declaration of default and demand for We and of written nclrce of default and at election to Vaasa to be. cold &aid Properly, which notice Trustee shall cause to be filed- for accord. Beneficiary also shell deposit with Trustee this Deeds said nc:e and cti docu- menfe -evidencing expenditures &*cured hereby. - After the lapse of such time as may then be. required 6y law following the retardation of said notice of defouffr and notice of sale having been given e. then required by IowJ Trustee, without demand an Truster,. shall self said property at the time and Place fixed by it In said mail" of sale, either as a whale or in separate parcels, and im such,- order as it may determiner of public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may Postpone .01e dF all air any Portion of said property by public onnouncemenf at such time and Place of sale, and from time is time thereafter may Postpone such sate by public annatmiremetit at the time fixed by the preceding postponement. Trustee shall deliver to such Purchaser As deedcanveyfmg the property so sold, but without any covenant sr warranty, express ai implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Truxtarr T&psteg. M Qe"ficfory as hereinafter de.rned, may purchase at .such sale. Aver dedudfng all ""It fees and expenses of Trustee and of chi& Trust, including case of evidence of title In connection with sate, Trustee shalt apply the proceeds of .610 to Payment of: all sums expended under the terms hereof, net then repaid, with accrued interest at the amount allowed by law in effect at the date hereofi air othes soma then secured herebyi and the remo nderr if onyr to the Person or ,Persons legally entitled thereto: 1121 Senellc)oty, or any successor in ownership of any 'indebtedness secured hereby, may from time to time by instrument in w.rit,ngr substitute a successor Qr sue• cessof, to any Trustee named herein or acting hereunderr which instrument, executed by the Beneficiary and duly oc�mcwledged and retarded in the office of the recorder of the eoumfy 0, ccumt;ez where: said Properly is situated, shall be conclusive proof of proper substi.iutian of such successor Trustee of Trustees, who &hall, without conveyance from ,flee Trsrslea-Predecesanrr succeed to all its .filer estate,. rights, powers and duties, Said instrument muse contain the name of the original Trusforr Trustee and Beneficiary %efts nder, lire Seek and page where this Deed is recorded and the name and address of the new Trustee. 113) That fhfs Heed applies to. ;notes to the benefit oft and .binds all parties hereto, their heirsr legatees, deviseesr administrators, executart, successets end assrgtn. The term Beneficiary &halt mean the owner and holder, including pledgee&, of the nafe secured hereby,. whetherormat named as Beneficiary herein. In this Deedrwhenever Se context so requires, the mo&mline gender ffeminineudes the feminine ondlar neuterr and the singular number •rndude. the Plural. (14) That Trustee accept& this Truce when fhfi bend, duly executed and ac knowiedged, is made a Public record as provided 61 law, Tr ustere f& not obligated Is notify any Party hereto of paneling sale under any other Deed of Trust at of any action or proceeding fm which Truster, Beneficiary of Trustee shall be a party unless brought by Trustee. r,.. Ti/lm nr+rni]nYf JJV S�V J Al JJ4VAlL REQUEST FOR FULL REOONVEYANCE To be used only when note has been paid, To TITLE INSURANCE AND TitUST COMPANY, Trustee, Dated _ The widersigned is the legal owner and holder of all indebtedness .secured by the within Deed .of Trust, All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on pay- ment It yyou of any sums owing to you under the terms of said Deed of Trust, to cancel all 'evidences of indebtedness, secured by said Deed of Trust delivered to you herewith together with said Deed of Trust, and to reconvey, withoutwarranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the same. MALL RECONVEYANCE TO, Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be f &vcred to the Trustee for cancellation before reconpeyonce will be made, W w t-1 O U U ~ F-1 rn w E-1 Q �,LJ F V i O ir•'1 �} �-f I. -A U r- W W plo: CIS �z 0 a {' H wr W x e 4-�1 ,5�� W 3 $ 1976 RESOLUTION NO. 9 7 14 By flie, CITY CCilNQ k CITY OF 1 AWPORT BEACH A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE .OFFER OF,THE STATE DEPARTMENT OF TRANSPORTATION TO SELL CERTAIN STATE OWNED PROPERTY TO THE CITY OF NEWPORT BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT THE GRANT DEED FOR SAID PROPERTY AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEED OF TRUST AND INSTALLMENT NOTE - INTEREST INCLUDED FOR THE BALANCE OF THE PURCHASE PRICE (PARCEL NO. 041339-01-01, CORONA DEL MAR) WHEREAS,. the Department of Transportation of the State of California by its letter dated March 8, 1976 has offered to sell certain state owned real property to the City Of Newport Beach for Four Hundred Fifty Thousand Dollars ($450,000.00); and WHEREAS, said parcel is located in Corona del Mar.,. approximately at the intersection of 5th Avenue and Marguerite Avenue, and is generally described as Department of Transporta- tion Parcel No. 0413.39-01-01 and WHEREAS, the terms of the sale provide that the City will remit One Hundred and Five Thousand Dollars ($105,000.00). at the time the letter agreement with the State of California Department of Transportation is executed and returned to the Department of Transportation and that the City execute a Deed of Trust naming the State of California as beneficiary, and Installment Note - Interest Included, with payments, includ- ing simple interest at seven percent (7%) per annum to be made as follows: $200,000.00 due July 1., 1976 and $145,000.00 due July 1, 1977; and. WHEREAS, the City Council finds that it is in the best interest of the City to enter into the agreement to purchase said parcel which will be used by the general public for parks.,. e unpaid balance of said principal sum with the unpaid interest due thereon shall become due and payable. ADOPTED this 8th day of March , 1976. ATTEST: City Clerk Mayor HRC:yz 3/3/76 -3-