HomeMy WebLinkAboutC-3743 - Purchase and Sale Agreement; CalTrans Parcel DD 40766-01-01 (CalTrans West); Sunset Ridge ParkPURCHASE AND SALE AGREEMENT - REAL PROPERTY DD040766 -01 -01
In this Agreement dated September 26, 2006 by and between CITY OF NEWPORT BEACH
hereinafter known as "BUYER" and STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION, hereinafter known as "SELLER ", the parties agree as follows:
For the sum of Five Million Dollars ($5,000,000) and no cents, Buyer hereby agrees to purchase and
Seller hereby agrees to sell the vacant and unimproved real property located in the City of Newport
Beach, Orange County, California, and legally described in Director's Deed # 040766 -01 -01
(hereinafter referred to as the "property ").
Subject to the following conditions:
Buyer agrees to pay for the said real property to State the principal sum of Five Million Dollars
($5,000,000). A series of three payments shall be made to the State of California, Department of
Transportation, and delivered to the State of California, Department of Transportation, Southern Right
of Way Region, Excess Land Sales, 21073 Pathfinder Road, Suite 100, Diamond Bar, CA 91765.
Interest will begin on January 1, 2007. Principal and interest to be due and payable in annual
installments as follows:
i. Principal payment of $2.0 million by December 31, 2006;
2. Principal payment of $1.5 million plus interest of $142,500 by December 31, 2007; and
3. Principal payment of $1.5 million plus interest of $71,250 by December 31, 2008.
(a) Each annual installment shall be credited first on interest then due and the remainder on
principal so credited.
(b) Buyer may make additional payments on the principal at any time before final installment,
and interest shall thereupon cease upon said principal so credited.
(c) If Buyer should default in the payment of any annual installment, or any part thereof, when
due as herein provided, and such default should continue for thirty (30) days after notice thereof in
writing to Buyer, the whole of said purchase price shall at the option of the State become forthwith due
and payable.
(d) If the Buyer shall default on any of the payments, title, at the option of the State, will revert
back to the State.
(e) It is understood and agreed that the term of this agreement shall end on December 31, 2008
and the buyer sball make payment in full including principal and interest by that date.
(f) The Deed shall record after receiving CTC approval and the la` payment of $2.0 million, no
later than December 31, 2006.
n
All sales made subject to the approval of the California Transportation Commission. In the event that
the California Transportation Commission fails to approve this sale, all monies heretofore paid by the
Buyer will be refunded without interest. The CTC meeting is October 12`s, 2006.
III
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in
paragraph IV below. Buyer, at his option, may open an escrow at its own expense. The Seller will pay
no escrow fees.
Page 1 of 3
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY DD040766 -01 -01
IV
The Buyer agrees to pay any and all recording fees, documentary transfer tax and monumentation fees
chargeable by the County Recorder. At a later date, the Seller will request the fees forwarded, and
buyer shall submit to the seller upon demand.
V
The Buyer expressly understands that the right, title and interest in the property to be conveyed shall
not exceed that vested in the State of California and that the Seller will furnish no policy of title
insurance. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the
Buyer's expense.
VI
The property is being sold "as is" and is being conveyed subject to any special assessments,
restrictions, reservations or easements of record and subject to any reservations or restrictions
contained in the Director's Deed. Buyer has read and understands other information the Seller has
relative to these matters.
VII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the
title of the property being conveyed shall not pass until the Director's Deed has been recorded. The
Buyer shall not take possession of the property until the director's Deed is recorded
VIII
Buyer shall defend, indemnify, and hold seller and seller's elected and appointed officers agents and
employees free and harmless from and against any and ail liabilities, damages, claims, costs and
expenses (including without limitation, attorney's fees, legal expenses and consultant's fees, and
investigation and remediation costs) arising in whole or in part from the existence of hazardous
substance, or hazardous substance conditions. This indemnity is intended to address that liability for
which seller may be responsible arising solely out of its mere ownership of said real property. This
provision shall survive transfer of title of the said real property and any rescission of the said transfer.
"Hazardous Substance" shall mean any substance whose nature and / or quantity of existence, use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the
comprehensive Environmental Response Compensation and Liability Act or Resource Conservation
and Recovery Acts as now in effect.
"Hazardous Substance Condition" shall mean the existence on or under, said property of a hazardous
substance that requires remediation and / or removal and / or to be otherwise mitigated pursuant to
applicable law.
Page 2 of 3
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1
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT — REAL. PROPERTY DD040766 -01 -01
IX
This New Purchase Agreement supercedes and replaces any and all previous agreements of any kind.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
Please indicate exactly how the tide should be vested_
of
California
Buyer: Date: 11/16/o6
--
MAYOR (Signature)
Buyer:
DON WEBB
(Pint Name)
(Signawe)
(Prim Name)
STATE OF CALIFORNIA.
By: r, P':�-"-e
C. Paul LaMond, Acting Chief
Excess Land, Southern Right of Way Region
Page 3 of 3
Date:
DEPARTkIENT OF TRANSPORTATION
Date: 111361d 6
RECORDING REQUESTED BY AND WHEN
RECORDED M,AJL TO:
State of California
DEPARTMENT OF TRANSPORTATION
Cahram— District 12
Office of Right of Way
3337 Michelson Drive Suite CN380
Irvine, CA 92612 -1699
Attu: R/W Excess Lands
RWPE: C. SMYTHE (01104fD1)
written:CS Check:00
DIRECTOR'S DEED
39FylrtDCOPY
„Compared wig} Original
Recorded in Official Records, Orange County
Tom Daly, Clerk - Recorder
1119111111111�1 liNIII�IIl1I111101MINI 1111 lit NO FEE
200600081358310:16am 12/05106
106 33 D10 8
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
District
Gou
Route
Post
Number
12
Orange
1
19.7
DD 040766 -D1 -01
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to the
City of Newport Beach
all that real property in the _ City of Newport Beach County of Orange , State of California, described as:
Parcel No. DD 040766 -01 -01
That portion of Lot 1 of Tract No. 463 in the City of Newport Beach, County of Orange, State of
California as shown per a map .filed in Book 32, Pages 2 and 3 of Miscellaneous Maps in the office of
the County Recorder of said county; that portion of Lot 1 of Tract No. 2250 as shown per a map filed
in Book 104, Pages 6 and 7 of said Miscellaneous Maps; that portion of Melrose Mesa (Tract No. 15) as
shown on a map filed in Book 9, Page 19 of said Miscellaneous Maps; that portion of Lot D of the
Banning Tract, as shown on a map of said tract fled in the case of Hancock Banning, et al. vs. Mary
H. Banning for partition, and being Case No. 6385 upon the Register of Actions of Superior Court of
Los Angeles County, California, bounded as follows:
Bounded northeasterly by the northeasterly line of the lands described as Parcel 1 of State Parcel No.
40767 in a Grant Deed recorded February 14, 1966 in Book 7839, Page 739 of Official Records in the
office of the County Recorder of Orange County, California;
MAIL TAX
STATEMEN7.ty of Newport Beach
33300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Page 1 of 5
This office is exempt from
filing fees under Government
Code Section 6103
i
i
Bounded westerly by the westerly line of said Grant Deed, said westerly line also being described as a
portion of the northerly prolongation of the westerly line of Annexation No. 55 to the City of Newport
Beach dated September 19,1963;
Bounded southwesterly by the northeasterly line of "new" Pacific Coast Highway as described in a
Director's Deed (State Parcel No. DD 040767- 03 -01) from the State of California to the City of
Newport Beach, a municipal corporation, recorded May 6,1993 as Instrument No. 93- 0304178 of said
Official Records;
and bounded southerly and southeasterly by the center line of "new" Superior Avenue as described in
a Director's Easement Deed (State Parcel No. DE 040766 -1) from the State of California to the City of
Newport Beach, a municipal corporation and charter city, recorded May 6,1993 as Instrument No. 93-
0304175 of said Official Records.
EXCEPTING THEREFROM those rights and interests previously excepted from that parcel of land
described in the deed from A.E.S. Chaffey, et al., to the State of California (State Parcel No. 40766),
recorded January 7,1966 in Book 7801, Page 108 of said Official Records.
ALSO EXCEPTING THEREFROM those rights and interests previously excepted from those parcels
of land described in the deed from BEECO, LTD., to the State of California (State Parcel No. 40767),
recorded February 14,1966 in Book 7839, Page 739 of said Official Records.
SUBJECT TO an easement for storm drain purposes, 35.00 feet wide; and an easement for sanitary
sewer purposes, 30.00 feet wide, both as described in a Director's Deed (State Parcel No. DE 040767-
01-02) from the State of California to the Newport Crest Homeowners Association, a California
Nonprofit Mutual Benefit Corporation, recorded September 11, 1990 as Instrument No. 90- 479322 of
said Official Records.
There shall be no abutter's rights of access appurtenant to the above - described real property in and to
the adjacent state highway over and across those portions of the northeasterly line of "new" Pacific
Coast Highway hereinabove described in said deed recorded as Instrument No. 93- 0304178 of Official
Records, said portions of the northeasterly line being further described as having a bearing and a
distance of "North 54 °21'52" West, 215.42 feet" and "North 53 °13107" Wesi,167.37 feet ".
Page 2 of 5
PARCEL 040766 -3
RESERVING UNTO THE GRANTOR AN EASEMENT FOR SCENIC VIEW AND OPEN SPACE
PURPOSES OVER THE AFOREMENTIONED PROPERTY, LYING SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE SOUTHWESTERLY LINE OF LOT 3 OF TRACT NO.
7817, PER MAP FILED IN BOOK 308, PAGES 33 AND 34 OF MISCELLANEOUS MAPS, IN SAID OFFICE
OF THE COUNTY RECORDER OF SAE) COUNTY, WITH A LINE PARALLEL WITH AND DISTANT
100.00 FEET WESTERLY OF THE WESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID
PARALLEL LINE, S00 019'10 "W 505.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE
N71014'04 "E 254.46 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 263.60 FEET
SOUTHWESTERLY OF SAID SOUTHWESTERLY LINE OF SAID LOT 3; THENCE ALONG SAID
PARALLEL LINE S62013'53"E 838.20 FEET TO A POINT ON THE NORTHERLY LINE OF "NEW"
SUPERIOR AVE AS DESCRIBED IN A DOCUMENT RECORDED MAY 6, 1993 AS INSTRUMENT NO. 93-
0304175 OF SAID OFFICIAL RECORDS.
EXCEPTING THEREFROM THAT PORTION OF SUPERIOR AVENUE AS DESCRIBED IN SAID
DOCUMENT RECORDED MAY 6, 1993 AS INSTRUMENT NO. 93- 0304175 OF SAID OFFICIAL
RECORDS.
GRANTEES USE OF SAID EASEMENT AREA SHALL BE LIMITED TO THOSE "PERMITTED" USES
UNDER GRANTEE'S ZONING DESIGNATION OPEN SPACE — ACTIVE AS DEFINED UNDER TITLE 20
OF GRANTEES ZONING CODE AS IT EXISTED ON OCTOBER 12, 2006. ADDITIONALLY THE
GRANTEE IS PROHIBITED FROM PLACING PERMANENT STRUCTURES OR PAVEMENT WITHIN
THE EASEMENT AREA, AND NO PARKING OF MOTORIZED VEHICLES SHALL BE PERMITTED
WITHIN THE EASEMENT AREA.
GRANTEE SHALL BE RESPONSIBLE FOR ALL MAINTENANCE WITHIN THE EASEMENT AREA,
Attached hereto and made a part hereof is a map entitled "Exhibit `A' ". This map is for informational
purposes only and is subordinate in all respects to the above Iegal description.
This real property description has been prepared by me, or under my direction, in conformance with
the Professional Land Surveyor's Act
Signature: 7 " c
scoTT E. ESTEP, PLS 7066
EXPIRATION: 12-31 -2006
Date: 9— 21q- 210 0 (o
Page 3 of 5
41\E* 12/31/06
N0. 7066 /
ND SCALE
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NOTE `1
TIE SCENE: S AND OPEN SPACE AREA VIT 1
PoOTSTO ODES W ND SE E 1!E AEU EITNN \ �-�: �. �/L ems, •/
TIE STOW DRAW 4793 AI99 SERER EASE PER �- �:'- •l �C
i
V I I I STATE RETAINS ACCESS RIGHTS
STATE OF CALIFDRNIA --DEPARTMENT OF TRANSPORTATION- -DISTRICT 12
PLAT ACCOMPANYING
SCALE: N.T.S.
DIRECTOR'S DEED DD 040766-01-01 DRWN:SEE CHKD:GBG
REF. MAP: E120010 -15 SHEET 4 OF 5 DATE: 11 /18/04
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
/)dJITNESS y hand and the seal of the Department of Transportation of the State of California, this
��dayoff��f 20
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
AS T -EQRM,AND PROCED RE I
—L Director of Transportation
DEPARTMENT OF TRANSPORTATION
STATE OF CALIFORNIA
County of Sacramento SS
On this ihday of [% /�JJJ��� 20D� before
personally appeared
personally known to me
D proved to me on the basis of safisfacfory evidence
By
Atto y in Fact
PERSONAL ACKNOWLEDGMENT
Name, Idle of Officer -E.G., "Jane
Name of Signer
Notary
to be the person whose name Is subscribed to the within instrument and acknowledged to me that _ he /aVe executed the same in _
hisfWauthortzed capacity, and that by hlsASf;P signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument
WETNESS my hand and official seal.
SMWNTHA PENNAtq
Commission 0 1596908
Notary Pubw • Col lomm
4n Angoin County
tror nd�ysral as np) -_
(Notary Publics signature in and for said County and State)
THIS IS TO CERTIFY that the Caftfonnia Transportation
Commission has authorized the Director of Transportation
to execute the foregoing deed at its meeting regularly called
and held on the 12th day Of October 2006, in the City of
Santa Rosa.
Dated this 16th day Of October 2006.
aeN F
., Executive C RNIA TRANSPORTATIO i ctor
COMMISSION