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HomeMy WebLinkAboutC-1501 - Two (2) lots on Cliff Drive for park purposesA 4 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE Ilovasibw 29, 1972 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 0-1601 Description of Contract Asjrans Authorized by Resolution No. 7879 , adopted on Effective date of Contract pow+ Y0, 1972 Contract with Carl and DOrls Arthofer Address 1806 DWAV Drive ftMor t Hach, CA 92660 Amount of Contract "6,p00,00 00: City Attorney With o0py of oartr *t of 2 lots an Cliff Drive Novaeber 209 1972 City CieM it Z IM Z.. 0 •Z U W IL Q 0 z IL 0: 0 W Z IL 0 U 0 d. 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CD S- 4J [r 0 m C> c IL 0 G 4) 3: E-) wz m -d' I S- S- r� CD O)CO LL 0 1-1 S- 0 N 0 , rL4- 4J 0 4J 4- aj 0 r_ (P mu, 4� < U C) $- 4J Q(0 = 0 0) m fa x t C) � m 10 .0 AGREEMENT FOR PURCHASE AND SALE UNDER THREAT OF EMINENT DOMAIN THIS AGREEMENT FOR PURCHASE AND SALE, made as of this ,D / day of November, 1972, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "Buyer ", and CARL and DORIS ARTHOFER, husband and wife, hereinafter referred to as "Sellers ": R E C I T A L S: Sellers are the owners of certain real property, more particularly described further on in this Agreement. Buyer wishes to acquire said property for park and view site purposes, and to this end has adopted a resolution authorizing the exercise of the power of eminent domain for its acquisition. The parties hereto mutually desire to provide for the purchase and sale of said property upon mutually acceptable terms, to avoid necessity of an action in eminent domain. A G R E E M E N T: 1. Sellers hereby agree to sell, and Buyer hereby agrees to buy from Sellers, those certain parcels of real property located in the City of Newport Beach, County of Orange, State of California, more particularly described as follows: PARCEL NO. 1 The northwesterly 50.00 feet of the northeasterly 150.00 feet of the southeasterly 888.78 feet of Lot A, Tract 919 as shown on a map recorded in Book 29, pages 31 through 34 inclusive, of Miscellaneous Maps, records of said County, said distance of 888.78 feet being measured along the northeasterly line of the California State Highway as shown on said map. The north- westerly line of said southeasterly 888.78 feet of Lot A is parallel with the southeasterly line of said Lot A, and the above mentioned northwesterly 50.00 feet is measured at right angles to said southeasterly line of Lot A. PARCEL NO. 2 The southeasterly 50.00 feet of the northwesterly 100.00 feet of the northeasterly 150.00 feet of the southeasterly 888.78 feet of Lot A, Tract 919 as shown on a map recorded in Book 29, pages 31 through 34 inclusive, of Miscellaneous Maps, records of said County, said distance of 888.78 feet being measured along the northeasterly line of the California State Highway as shown on said map. The northwesterly line of said -1- southeasterly 888.78 feet of Lot A is parallel with the southeasterly line of said Lot A, and the above mentioned southeasterly 50.00 feet of the northwesterly 100.00 feet is measured at right angles to said southeasterly line of Lot A; as shown on the attached Parcel Map marked Exhibit "A" and made a part herein by this reference. 2. On or before April 24, 1973, Sellers will convey to Buyer Parcel No. 1 and Buyer will pay to Sellers Forty -Seven Thousand Five Hundred Dollars ($47,500.00), with no interest thereon as the total purchase price for said Parcel No. 1. 3. Upon execution of this Agreement, Buyer will pay to Sellers the sum of Five Hundred Dollars ($500.00) as an option to purchase Parcel No. 2 for a total sum of Forty -Seven Thousand and Five Hundred Dollars ($47,500.00) plus 7% interest thereon from the date of execution of this Agreement. Said option shall be in full force and effect for a period of one (1) year from the date of the purchase of Parcel No. 1. Should Buyer exercise said option, said sum of $500.00 will be applied to reduce the total purchase price of Parcel No. 2 by said amount. Should Buyer fail to exercise said option, the Agreement will expire and be of no further force and effect. Sellers will retain Buyer's $500.00 option monies. one hundred twenty (120)t' 4. Within tlii-rt -(-30} days of the date of execution of this Agreement, Buyer agrees to commence installation of a water line from Aliso Street to Cliff Drive for the purpose of servicing the subject property as well as adjacent property owned by Sellers. The total cost of installation of said water line is to be borne by Buyer. 5. Taxes on the subject property shall be prorated as of the date of conveyance. In the event that Sellers shall have prepaid taxes on the subject property, Buyer shall immediately, or as soon as convenient, reimburse Sellers for said advance taxes. Buyer shall take all necessary action pursuant to the Revenue and Taxation Code to cause the subject property to be removed from the property tax rolls. 6. A special fund account shall be set aside by City during the current fiscal year, out of which the purchase price for -2- i 0 . Parcels Nos. 1 and 2, as well as the option monies, will be paid. 7. The obligation of Buyer under this Agreement to pay Sellers the purchase price for said Parcels Nos. 1 and 2 shall not be a lien, charge or encumbrance, legal or equitable, on any City property, or upon any of the income, receipts or other revenues of the City, other than those specific revenues derived from the special account as hereinabove described in Paragraph 6. It is specifically agreed by the parties hereto that the purchase price for the subject property established herein represents the best estimate of the parties of the fair market value of the subject property as of the date of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CARL ARTHOFER DORIS ARTHOFER' SELLERS -3- CITY OF NEWPORT BEACH, a municipal corporation APPRO D_AS TO FORM: Mayor ATTEST: � rl City Attorney s, ity Clerk BUYER CARL ARTHOFER DORIS ARTHOFER' SELLERS -3- i, I. Q 1 ` � � J 42CEL NO. NWLY L /Nc OF 5ELY. 888.78' 0,o=1-OT.9 AS 114,EA541QZD 440MS NE'GY. L /NE dP CAGtF, � — ST. rTE..y1GL1l�Ysl y Pe7F7T /ON ! A-1 1W. 28� 78 srA JJf), X11=' 11169WA K, LEG�NC7 ft P.Q0,2o4.5nE9 CL /FF, D,,2 VIEW 0-4,QK �a �./ r�� �+, �+ ,2EY. �BY4.L.1/1 172 i..I 1 © 7'JiJ B+..+H DP,AWN DATE 9—/Q-72 PUBLIC WORKS DEPARTMENT APPROV�� P�ZOoO� <Ep :PUBLIC WOPXS CIREC�Oq R.E. NO. EXHIBIT "A" DRAWING NO. RIW- 525 8 —/ 0 0 RESOLUTION NO. 7679 A RESOLUTION OF THE CITY COUNCIL OF NEWPORT BEACH AUTHORIZING THE AN AGREEMENT BETWEEN THE CITY OF AND CARL AND DORIS ARTHOFER TO P PROPERTY LOCATED ON CLIFF DRIVE, PURPOSES OF THE CITY EXECUTION OF NEWPORT BEACH jRCHASE CERTAIN FOR PARK WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain contract between the City of Newport Beach and Carl and Doris Arthofer to purchase two unimproved parcels for park purposes; said parcels are more particularly described as follows: and PARCEL NO. 1 The northwesterly 50.00 feet of the northeasterly 150.00 feet of the southeasterly 888.78 feet of Lot A, Tract 919 as shown on a map recorded in Book 29, pages 31 through 34 inclusive, of Miscellaneous Maps, records of said County, said distance of 888.78 feet being measured along the northeasterly line of the California State Highway as shown on said map. The northwesterly line of said southeasterly 888.78 feet of Lot A is parallel with the southeasterly line of said Lot A, and the above mentioned northwesterly 50.00 feet is measured at right angeles to said southeasterly line of Lot A. PARCEL NO. 2 The southeasterly 50.00 feet of the northwesterly 100.00 feet of the northeasterly 150.00 feet of the southeasterly 888.78 feet of Lot A, Tract 919 as shown on a map recorded in Book 29, pages 31 through 34 inclusive, of Miscellaneous Maps, records of said County, said distance of 888.78 feet being measured along the northeasterly line of the California State Highway as shown on said map. The northwesterly line of said southeasterly 888.78 feet of Lot A is parallel with the southeasterly line of said Lot A, and the above mentioned - southeasterly 50.00 feet of the northwesterly 100.00 feet is measured at right angles to said southeasterly line of Lot A; WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement for the purchase of real property above described is approved, and the Mayor and City Clerk are hreby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: ADOPTED this 20th day of November, 1972. Mayor City Clerk DON :mh 11/7/72