Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
River Avenue, 4210 - Property Sold
P. NOV 10 "33 16:41 ssc=w No. 8 12541 W-- Clwinq Dates 11/06/93 7s 4210 RTM AVMM (VMW LM) me= Bumf CA 7m cny or use= =AcH Closing statement 100/93 Debit Credit 70ML COMMMN= 393,900.00 WT64 I Pay Cmulwicx tot cA=w vmLR= ms' m, nc. N 972 F, i I --j& 10 N. 10,000.00 5,000.00 1,500.00 11410.00 8.00 433.40 3,945.00 371,603.60 311 601 Cq 0 393,900.00 393,900.00 Duplicate report (default) :y NET PROCEEDS TO SELLER 09/21/93 02:14 PM Information not available, this report will not be personalized. Please go back to function: °PER° to enter personalization info. The following data is for information purposes only and accuracy of the figures hereinafter set forth is not guaranteed. The actual costs with respect to each transaction will vary depending upon the circumstances. Sale Price 345,500.00 Title Policy $ 1,161.00 Escrow Fee $ 703.00 Tax Stamps $ 380.05 Recording Fee $ 25.00 Lenders Demand $ 50.00 Termite Inspect. (Repairs NOT included) $ 85.00 Reconveyance Fee $ 55.00 1099 Processing Fee $ 50.00 Home Protection Plan $ 0.00 Appraisal Fee $ 0.00 Loan Processing Fee $ 0.00 Legal Fee $ 0.00 Tax Service (Impound Account Set -up) $ 0.00 Wood Burning Appliance Inspection $ 0.00 Complete Home /Structural Inspection $ 0.00 Roof Inspection $ 0.00 Septic Inspection $ 0.00 Septic Pumping $ 0.00 Water Quality Test $ 0.00 Water GPM Test $ 0.00 Other Inspections $ 0.00 Repair Costs $ 0.00 Property Survey $ 0.00 Collection Account (Setup Fee) $ 0.00 Special Assessments $ 0.00 COMMISSION TO CANNERY B $ 1,500.00 $ 200.00 Discount Points $ 0.00 �U Real Estate Fee $ 0.00 SELLERS SETTLEMENT COSTS $ 4,209.05 OTHER COSTS: Other Liens, Assessments $ 0.00 Buyer Costs Paid $ 0.00 TOTAL OTHER $ 0.00 TOTAL COSTS TO SELLER $ 4,209.05 ESTIMATED NET PROCEEDS TO SELLER $ 341,290.95 Duplicate report (default) :y NET PROCEEDS TO SELLER * * * * * * * * * * * * * * * * * * * * * * * * * * ** 0 09/21/93 01:52 PH Information not::_available, this report will not be personalized. Please go back fo function: "PER" to enter personalization info. The following data is for information purposes only and accuracy of the figures hereinafter set forth is not guaranteed. The actual costs with respect to each transaction will vary depending upon the circumstances. Sale Price $ 362,500.00 Title Policy $ .1,199.00 Escrow Fee $ 733.00 Tax Stamps $ 398.75 Recording Fee $ 25.00 Lenders Demand $ 50.00 Termite Inspect. (Repairs NOT included) $ 85.00 Reconveyance Fee $ 55.00 1099 Processing Fee $ 50.00 Home Protection Plan $ 0.00 Appraisal Fee $ 0.00 Loan Processing Fee $ 0.00 Legal Fee $ 0.00 Tax Service (Impound Account Set -up) $ 0.00 Wood Burning Appliance Inspection $ 0.00 Complete Home /Structural Inspection $ 0.00 Roof Inspection $ 0.00 septic Inspection $ 0.00 Septic Pumping $ 0.00 Water Quality Test $ 0.00 Water GPM Test $ 0.00 Other Inspections $ 0.00 Repair Costs $ 0.00 Property Survey $ 0.00 Collection Account (Setup Fee) $ 0.00 Special Assessments $ 0.00 $ 200.00 Discount Points $ 0.00 Real Estate Fee $ 18,125.00 SELLERS SETTLEMENT COSTS $ 20,920.75 OTHER COSTS: Other Liens, Assessments $ 0.00 Buyer Costs Paid $ 0.00 TOTAL OTHER $ 0.00 TOTAL COSTS TO SELLER $ 20,920.75 ESTIMATED NET PROCEEDS TO SELLER $ 341,579.25 0 Mr. Jack Alward 4208 River Avenue Newport Beach, CA 92663 Subject: Encroachments Dear Mr. Alward: 0 CITY OF NEWPORT BEACH Office of City Manager (714) 644 -3002 December 20, 1993 We recently communicated about City personnel removing that portion of your wooden fence which encroaches on to the adjoining lot at 4210 River Avenue. During a telephone conversation, you indicated that perhaps the City's survey was incorrect because the distance between the fence and your foundation was three feet. You indicated that the three feet was the legal side yard setback which was approved by the City when your home was built. For this reason you indicated that perhaps the survey or some other line was not correct. i have had the Public Works Department survey checked and it is correct, and I have had the Building Department research the construction plans for your house. When your house was built, the City did not require surveys and it is possible that your house when built was misplaced on the lot. If that is true it is of no consequence to the current situation. Accordingly, please sign the release provided to you and return it as soon as possible. When I receive it, the General Services Department will work with you to relocate the fence on to your property. Without such a release, the City will have no other alternative than to simply remove the fence. Thank you for your cooperation in this matter. If you have any additional questions or concerns please feel free to contact me directly. Kenneth J. KJD:mb Deputy City Enclosures City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659 -1768 0 • AGREEMENT TO MOVE FENCE The City of Newport Beach, General Services Department, may enter upon my property at 4208 River Avenue, Newport Beach, California, to remove the fence on the north side of the property and relocate the same fence along my property line. The fence that is no encroaching onto the public right -of -way will be removed and reset on my property line,\10 rlv \`\j w�• �t<. � `vim\ -.: h\��1 L�\`T" 1 �f \ C C �9�:- ` �S Y \•l.q C'S� 6'�4\L._ () ��\�. \ \ .�...� V C� 4. Dated: December Al 1993 ; �W 12�lC �% l /` Jack Alward • GENERAL SERVICES DEPARTMENT WORK REQUEST 4bmit in Duplicate) ' Originating Department: City Manager —Date:—January 3, 1994 Description 8 location of work (continue on reverse side if necessary): Remove the fence on the north side of the property at 4208 River Avenue and relocate the same fence per attached. _ Requests requiring construction work of any kind should be accompanied by accurate drawings or sketches. Desired completion date: ASAP Charge to: 0320 8030 Budget No. For additional information see: Kenneth J. Delino P�o^ne extens'ons�3 oz epartment��r t (For use by General Services Department) Work assigned to: Dater Remarks: Completed costs: Labor: Material: Other: TOTAL: General Services Director Date comp— e� Foreman u 0 0 CITY OF NEWPORT BEACH qG/ FO RN Office of City Manager (714) 644 -3002 November 29, 1993 Mr. Jack Alward 4208 River Avenue Newport Beach, CA 92663 Subject: Encroaching Fence at 4210 River Avenue Dear Mr. Alward: Attached is a copy of the letter sent to you by the Public Works Department asking that you remove certain encroachments on the subject lot by November 15, 1993. Observations indicate that the encroaching fence has not been moved. A copy of the surveyor's sketch is attached. To resolve this matter, the City will relocate the fence at no expense to you. The General Services Department is prepared to remove and reset the fence along your property line. Attached is a short agreement indicating your acceptance and approval of this arrangement. If this form is not returned to me by December 15, 1993, the General Services Department will be dispatched to simply remove the fence from the subject lot. If you have any questions or concerns please feel free to contact me directly. KJD:mb Attachments cc: City Manager City Attorney Public Works Director General Services Director Sincerely, I Kenneth J. Delino Deputy City Manager City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659 -1768 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Ca. 92658 -8915 October 25, 1993 Mr. Jack Alward 4208 River Avenue Newport Beach, CA 92663 Subject: Encroaching Fence ® 4210 River Avenue Dear Mr. Alward, It has come to our attention that the fence on the northerly side of your property at 4208 River Avenue encroachs onto the vacant City owned lot at 4210 River Avenue. The amount of the encroachment is approximately 9- inches in the front and 11- inches in the rear. Please relocate or remove the fence by November 1.5, 1993. If you have any questions you may contact me at the address on the letterhead or by telephone at 644 -3311. Very truly yours, G.P. Dunig , Jr. Field Engineer xc: City Attorney I I I INOEX PPGc 4vE 45 O Ar Fr Fl Ll 1L T- J.._ B, e C WALL R.*),vG,P-,--.Ai ----------- . . . . . . . Fn Lc n£Tdb X599 ........ F6.6- 23...... SH T 1 -1. Mr. Jack Alward 4208 River Avenue Newport Beach, CA 92663 Subject: Encroachments Dear Mr. Alward: • CITY OF NEWPORT BEACH Office of City Manager (714) 644 -3002 December 20, 1993 We recently communicated about City personnel removing that portion of your wooden fence which encroaches on to the adjoining lot at 4210 River Avenue. During a telephone conversation, you indicated that perhaps the City's survey was incorrect because the distance between the fence and your foundation was three feet. You indicated that the three feet was the legal side yard setback which was approved by the City when your home was built. For this reason you indicated that perhaps the survey or some other line was not correct. I have had the Public Works Department survey checked and it is correct, and I have had the Building Department research the construction plans for your house. When your house was built, the City did not require surveys and it is possible that your house when built was misplaced on the lot. If that is true it is of no consequence to the current situation. Accordingly, please sign the release provided to you and return it as soon as possible. When I receive it, the General Services Department will work with you to relocate the fence on to your property. Without such a release, the City will have no other alternative than to simply remove the fence. Thank you for your cooperation in this matter. If you have any additional questions or concerns please feel free to contact me directly. Kenneth J. KJD:mb Deputy City Enclosures City Hall • 3300 Newport Boulevard • P.O. Box 1768 • Newport Beach, California 92659 -1768 AGREEMENT TO MOVE FENCE The City of Newport Beach, General Services Department, may enter upon my property at 4208 River Avenue, Newport Beach, California, to remove the fence on the north side of the property and relocate the same fence along my property line. The fence that is no encroaching onto the public right -of -way will be removed and reset on my property line. Dated: December 1993 Jack Alward TO • i 5c�ly ile.s, uar�. i S ❑ MAYOR ❑ COUNCIL ❑ CITY MANAGER ❑ DEPUTY CITY MGR ❑ ATTORNEY fa BUILDING BUSINESS LIC. 8 CITY CLERK DATA PROCESSING ❑ DUPLICATING ❑ FINANCE ❑ FIRE ❑ GENERAL SERVICES ❑ LIBRARY ❑ MARINE ❑ PARKS & REC.. ❑ PAYROLL ❑ PERSONNEL ❑ PLANNING BPOLICE PUBLIC WORKS ❑ PURCHASING ❑ TRAFFIC ❑ UTILITIES ❑ TELECOMM. FOR: 1,�ACTION & DISPOSITION Ll FILE ❑ INFORMATION ❑ REVIEW & COMMENT RETURfN� old lot rat- 4alo'Ru. say 00 .5uRuPV whist 6P 1,1QON57 iA CavSe Sm i 1 r 1 im INOE. Tt- _-LDL 7-6 7s, G�100DE� 0 N V �l N �r TO MOVE FENCE The City of Newport Beach, General Services Department, may cfa�`•y enter upon my property at Aa= River Avenue, Newport Beach, California, to remove the fence on the north side of the property and relocate the same fence along my property line. The fence that is now encroaching onto the public right -of -way will be removed and reset on my property line. Dated: December , 1993 Jack Alward COUNTER OFFER 1'#iL4 IiEFTENOED MINE A E.EfiALLY &ftDlNa AgREEME►Yf sBLAO R CARE:YLLY. ° - (St}.1KORtNIA ASSOCIATtOtd OF REALMRSo ICARf;3igiiDAk'Ap POEM .:.. This is a counteroffer to the: LPBeal Estate Purchase Contract and Receipt for Deposit ❑ Mobile. Home Purchase Contract and Receipt for Deposit, C1 Business Purchase Contract and Receipt for Deposit, l'—� , her dated on property kn as: 14 a. 1 n W 1 J p f? _ V in which �:L_Al INV A ry is referred to as Buyer U_�) O 0 P—T 13, eat C is referred to as Seller. Al. CHANGES /AM NDMENTS: u -n-P, c� f n 3� � S C) s ec ' e> 1�� DUQ b �/ 1 �l of2A7G% ON Seller accepter all other terms and conditions In the above designated agreement. A2. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to continue to offer the Property for sale and to accept any offer acceptable to Seller at any time prior to Buyer's acceptance and communication of acceptance as described in paragraph A3. A3. EXPIRATION: Unless this counter offer is accepted and a copy signed by Buyer is personally received bX Seller or C / ! �i It 1{� I� Vi CD t?R�S Uti[.e, who is authorized to receive it for Seller, on or before sr°D aZ 19. at _I Ll AQP11R it shaK be deemed revoked and the deposit shall be returned to Buyer Seller's acceptance of another offer prior t�ceptance and communication of acceptance to Seller shall revoke this counter offer Communication of acceptance of this counter offer may be in person, by mail, or by facsimile, and personally . received by Seller or other person designated in this paragraph. This counter offer and any supplement, addendum, or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the same writing. Seller gkncwI! ges receipt of a copy and authorizes Brokers) to deliver a signed copy to u er. Date ere T= �' 19 SELLER Time M SELLER yt, G r fLAl AA)46Z lC �J A4. ACCEPTANCE: Buyer accepts the above counter otter and acknowledges receipt of a copy. Date 19_ BUYER Time BUYER A5. COMMUNICATION ; OF ACCEPTANCE: Receiptof signed acceptance on ,19_at AM /PM,by Seller or other person designated in paragraph A3 Is acknowledged. (10°ials) (Indals) COUNTER TO COUNTER OFFER B7. CHANGES /AMENDMENTS: Buyer accepts all other terms and conditions In the above counter offer. B2. EXPIRATION: Unless this counter to counter offer is accepted and a copy signed by Seller is personally received by Buyer or , who is authorized to receive It for Buyer, on or before , 19 — at AM /PM, it shall be deemed revoked and the deposit shall be returned to Buyer. Communication of acceptance of this counterto counter offer may be in person, by mail, or by facsimile, and personally received by Buyer or other person designated in this paragraph. Date 19_ BUYER Time BUYER B3. ACCEPTANCE: Seller accepts Buyer's counter to counter offer and agrees to sell on the above terms and conditions. Seller acknowledges receipt of a copy and authorizes Brokers) to deliver a signed copy to Buyer Date 19— SELLER Time SELLER B4. COMMUNICATION OF ACCEPTANCE: Receipt of signed acceptanceon ,19__at AM /PM,byBuyer or other person designated in paragraph B2 is acknowledged. (initials) (initials) THIS STANDARDIZED DOCUMENT FOR USE IN SIMPLE TRANSACTIONS HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALMRSO INFORM ONLY. NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OF ANY SUPPLEMENTS NOTCURRENTLY PUBLISHED BY THE CALIFORNIA ASSOCIATION OF REALTORSe OR THE LEGAL VALIDITY OR AOEQ41ACY OF ANY PROVISION IN ANY SPECIFIC TRANSAGTION. IT SHOULD NOT BE USED IN COMPLEX TRANSACTIONS OR WITH EXTENSIVE ADDITIONS NSIVE MMAS OR AD . ' ; '._.. ....'. sk pc >�. -... _ .... .:..:.. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. - This form is availaolefor use by the entire real estate industry. The use of this form is not intended to ide"the user as a REALTOR° REALTORB is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS° and who subscdbe to its Code of Ethics. The MP09M laws of the United Stales (17 US. Code) forbid the unaulhorum OFFICE USE ONLY toPox uchon a this form by any means including facsimile or computedzed formats. BROKER'S COPY Copynghls 1986. 1961. CALIFORNIA ASSOCIATION OF REALTORS' FDote by Broker Or Designee r_ 525 South Virgil Avenue. Lao Angeles, California 60020 Rev. 9/9II FORM CO -14 — oilw"`a utry M -PM -3/93 This is a counteroffer to the: Purchase Contract and Receipt fc on property known as: y in which.. 1'Z C , and Al. CHANGES/AM NDMEN' iQ'RflEftl'_ _V,F i7t3FiSw (Cwiif;STANDARD FORM ... - .. Estate Purchase Contract and Receipt for Deposit, ❑ Mobile Home Purchase Contract and Receipt for Deposit, ❑ Business eposit, qOther _dated -7 a 19 is referred to as Buyer is referred to as Seller. Seller accepts all other terms and conditions In the above designated agreement. A2. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to continue to offer the Property for sale and to accept any offer acceptable to Seller et any time prior to Buyer's acceptance and communication of acceptance as described in paragraph A3. A3. EX (RATION: Unless th is_�counter offer is accepted and a copy signed by Buyer is personally received by Seller or lCe who is authorized to receive it for Seller, on or before `✓e 19 ai ,/ /✓ A PI/{: it shali be deemed revoked and the deposit shall be returned to Buyer Seller's acceptance of another offer prior to uyer's acceptance and communication of acceptance to Seller shall revoke this counteroffer Communication of acceptance of this counter offer may be in person, by mail, or by facsimile; and personally received by Seller or other person designated in this paragraph. This counter offer and any supplement, addendum, or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the same writing. �\ Seller egknowledges receipt of a copy and authorizes Brokeqs) to deliver a signed copy to u er. I Date s C,bT o� 19� SELLER _ Time 3: f.5 1 i LVl SELLER _ -- - C !Y1 U. l Y 1 A A6E A4. ACCEPTANCE: Bu ye r accepts the above counter offer and acknowledges receipt of a copy. Date 19_ BUYER Time A5. COMMUNICATION OF ACCEPTANCE: Receipt of signed acceptance on ,19__at WPM, by Seller or other person designated in paragraph A3 is acknowledged. (Initials) ([mials) COUNTER TO COUNTER OFFER B1. CHANGES /AMENDMENTS: Buyer accepts all other terms and conditions In the above counter offer. B2. EXPIRATION: Unless this counter to counter offer is accepted and a copy signed by Seller is personally received by Buyer or , who Is authorized to receive it for Buyer, on or before , 19 _ at AM /PM, it shall be deemed revoked and the deposit shall be returned to Buyer. Communication ofacceplance of this counterto counteroffer may be in person, . by mail, or by facsimile, and personally received by Buyer or other person designated in this paragraph. Date 19� BUYER Time BUYER 83. ACCEPTANCE: Seller accepts Buyer's counter to counteroffer and agrees to sell on the above terms and conditions. Seller acknowledges receipt of a copy and authorizes Brokeqs) to deliver 'a signed copy to Buyer. Date 19_ SELLER Time 94. COMMUNICATION OF ACCEPTANCE: Receipt of signed acceptance on. THIS SELLER or other person designated in paragraph B2 is acknowledged. (Inifials) now:. ON REAL ESTATE TRANSACffONS.:IF.YOU OESME LEGAL OR 19__at AM /PM, by Buyer (Inmais) IN FORM ONLY. This form is avdilable for use by the an➢ra real estate Industry. The use of this form is not irtended to identity the user as a REALTDW REALTOR® Is a registered collective membership mark which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS® ant who subscribe to its Code of Ethics. The copyright laws of the Unites Slates (ti U.S. code) forbid the unaurnoribed OFFICE USE ONLY reprott glon of this fpm by any means including nacsimlk or computerized form Copyright ^ Z 19a6,19P. CALIFORNIA ASSOCIATION OF REALTORSs �' BUYER'S COPY FRWIMed by B roker or Designee: RM. 9$00roxtn virgu A4enue. cos Argelea, canrpnia eoozo FORM CO.14 M- PM-3/93 dated Seller accepts all other terms and conditions in the above designated. agreement. A2. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to continue to offer the Property for sale and to accept any offer acceptable to Seller at any time prior to Buyer's acceptance and communication of acceptance as described in paragraph A3. A3. EXPIRATION: Unless th islr,counter offer is accepted and a copy signed by Buyer is personally received by Seller or C f iV �Fi A: E1 C4 F'R :. c�4 r �c � , who is authorized to receive it for Seller, on or befo 191. at -IL-L-_� it shall be deemed revoked and the deposit shall be returned to Buyer. Seller's acceptance of another offer prior to B yer s. acceptance and communication of acceptance to Seller shall revoke this counteroffer. Communication of acceptance of this counteroffer maybe in person, by mail, or by facsimile, and personally received by Seiler or other person designated in this paragraph. This counteroffer and any supplement, addendum, or modification relating hereto, including any photocopy or facsimile thereof, maybe executed in two or more counterparts, . all of which shall constitute one and the same writing. ; Seller a howled- ,gas receipt of a copy and authorizes Broker(s) to deliver a signed copy to Ur Date. s P T —195/-3 SELLER M.W 141 Time 3' i wt SELLER (/ r yl,6 C[' I ("!1�`IR,'ii.6FP A4. ACCEPTANCE: Buyer accepts the above counteroffer and acknowledges receipt of a copy. Date Time 19 A5. COMMUNICATION _ OF ACCEPTANCE: Receipt of signed acceptance on ,19 —at AM /PM,by Seiler or other person designated in paragraph A3 is acknowledged. rl °inala) (Imials) COUNTER TO COUNTER OFFER B1. CHANGESIAMENDMENTS: Buyer accepts all other terms and conditions in the above counter offer. B2. EXPIRATION:. Unless this counter to counter offer is accepted and a copy signed by Seller is personally received by Buyer or who is authorized to receive it for Buyer, on or before , 19 — at AM/PM, it shall be deemed revoked and the deposit shall be returned to Buyer. Communication of acceptance of this counter to counter offer maybe in person, by mail, or by facsimile, and personally received by Buyer or other person designated in this paragraph. Date 19__ BUYER - - Time BUYER 83. ACCEPTANCE: Seller accepts Buyer's counter to counter offer and agrees to sell on the above teems and conditions. Seller acknowledges receipt of copy and authorizes Broker(s) to deliver a signed copy to Buyer. Date 19 SELLER Time SELLER 84. COMMUNICATION OF ACCEPTANCE: Receipt ofsigned acceptance on or other person designated in paragraph B2 is acknowledged. (InillaN) 19 —at AM/PM, by Buyer (Initials) 41,119 SOU11DARDRED DOCUAtENTFORUSE IN SRAPLETRANSCCTIONSNASBEEN APPRWM BYTWItAi.Ift*=AS50CIRftON OFREALMFISw IN MW ONLY 4OREPRESENTAT11ONtSMADE ASTOT „E APPROVAL This form is available for use by the entire real estate industry. The use of this form is not intended to identify the user as a REALTOR® REALTOR' is a registered collective membership mark which may be used Onty by real estate licensees who am members of the NATIONAL ASSOC191ON OF REALTORS® and who subscribe to its Code of Ethics.. The copyright laws of the Uneed states (17 U.S. Code) lorbid the unaulMnzad. - OFFICE USE ONLY repmductlon of this torm.byarty means lnclvalng raCSirnns Or CWVtt rued ra,m s' SELLER'S COPY Copyright@ 19K mar. CALIFORNIA ASSOCIATION OF REALTORS-' m b y Broker or Dsslgnee, A w got ae e, LOS Angeles ca ofile 90020 FORM CO -14 a® NApYS u�ou.vea fillillit CALIFORNIA OFFICE! USE ONLY EReviewed by Br oker or Desi nee. 9 r_ ASSOCIATION Rev. 992 %ORS e This is counteroffer to the: Purchase Contract and Rec on property known as: � — A in which and - ' 4 Al. CHANGES{AMENDI COUNTER OFFER` THl9 7OBE+A LEGALLY BINDING AGREEMENT- READ IT CAREFULLY. IATION OF REAUDRSV (CAR), STANDARD FORM Real Estate Purchase Contract and Receipt for Deposit, El Mobile Home Purchase Contract and Receipt for Deposit, ❑ Business for Deposit, ❑ Other dated is referred to as Buyer is referred to as Seller. Seller accepts all other terms and conditions in the above designated agreement. A2. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to continue to offer the Property for sale and to accept any offer acceptable. to Seller at any time prior to Buyer's acceptance and communication of acceptance as described in paragraph A3. A3. EXPIRATION: Unless this ,counter offer is accepted and a copy signed by Buyer is personally received by Seller or who is authorized to receive it for Seller, on or before it she be deemed red ked aEd the deposit shall be returned to Buyer. Seller's acceptance of another offer prior to Buyer's acceptance and communication of acceptance to Seller shall revoke this counteroffer. Communication of acceptance of this counteroffer maybe in person, by mail, or by facsimile, and personally received by Seller or other person designated in this paragraph. This counter offer and any supplement, addendum, or modification relating hereto, including any photocopy or facsimile thereof, may be executed in two or more counterparts, all of which shall constitute one and the same writing. Seller acknowledges receipt of a copy and authorizes Broker(S) to deliver a signed copy to qu r. Date __� art-�t , 19� SELLER tZk JA j ,T Time ?,' ! '� I • 1 SELLER A4. ACCEPTANCE: Buyer accepts: the above counter offer and acknowledges receipt of a copy. —� Date 19 BUYER Time BUYER A5. COMMUNICATION OF ACCEPTANCE: Receipt of signed acceptance on 19 --at AM /PM,by Seller or other person designated in paragraph A3 is acknowledged. (Initials) COUNTER TO COUNTER OFFER 81.. CHANGES /AMENDMENTS:: Buyer accepts all other terms and conditions in the above counter offer. B2. EXPIRATION: Unless this Counter to counter offer is accepted and a copy :signed by Seller is personally received by Buyer or , who is authorized to receive it for Buyer, on or before , 19 —at AM /PM, it shall be deemed revoked and the deposit shall be returned to Buyer. Communication of acceptance of this counter to counter offer may be in person, by mail, or by facsimile, and personally received by Buyer other person designated in this paragraph. Date 19 BUYER Time BUYER B3. ACCEPTANCE: Seller accepts Buyer's counter to counter offer and agrees to sell on the above terms and conditions.. Seller acknowledges receipt of copy and authorizes Broker(s) to deliver a signed copy to Buyer. Date 19 SELLER Time SELLER B4. COMMUNICATION OF ACCEPTANCE: Receipt of signed acceptance on 19 --at AM /PM,by Buyer or other person designated in paragraph B2 is acknowledged. (initials) (Initials) THIS STANDARDIZED DOCUMENT FOR USE IN SIMPLE TRPNSPSTIONS HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS" INFORM ONLY. NO REPRESENTATION IS MADE AS TO THE APPROVAL OF THE FORM OF ANY SUPPLEMENTS: NOT CURRENTLY PUBLISHED BY THE CALIFORNIA ASSOCIATION OF REALTORS' OR THE LEGAL VALIDITY DR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. JT SHOULD NOT BE USED IN COMPLEX TRANSACTIONS OR WITH EXTENSIVE RIDERS OR ADDITIONS. , A REAL ESTATE BROI(ER IS THE PERSON DUAUREO TO ADVISE ON REAL ESTATE TRANSACTIONS IF YOU DESIRE LEGAL OR TAX. ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. The use of this form is not intended to identify the useras a REALTOR`? REALTORt is a registered collective membership mark which maybe used only by real estate licensees who are members of the NATIONAL. ASSOCIATION OF REALTORS$ and who subscribe bit its Code of Ethics, The Copyright laws of the .United States (17 U S Code) forbid the unaumorimd reproduction of this form by any means Including facsimile or computerized brmam. Copyri ht'- 1986: 196E CALIFORNIA ASSOCIATION OF REALTORS'- QUADRUPLICATE OFFICE! USE ONLY EReviewed by Br oker or Desi nee. 9 r_ 525 South Virgil Avenue, Los Angeles Califewmat 9QO20 Rev. 992 FORM CO -14 wluuouNks RKA 40 Nny M -PM -3/93 CAIIFURNIA e SSOCIAT101! L 1% llk� I DATE: r, al RECEIVED FROM_ THE SUM OF T BY ❑ Cash PAYABLE TO C I TO BE HELD UNCASH PURCHASE PRICE OF FOR PURCHASE OF P DESCRIBED AS REAL THIS IS MORE' l AT '% 1 ! F' '. i ? i_i ' f•C t. �1 { f i ri ❑ Personal check . Or of this offer IN _ /p a deposit to be applied toward the COUNTY OF DEPOSIT READ ITCAREFULLY.: - California, Dollars $ ! California, 1. FINANCING: The obtaining of Buyer's financing is a contingency of this agreement. A. DEPOSIT upon acceptance, to be deposited into t. C PnW $ B. INCREASED DEPOSIT within days of Seller's acceptance to be deposited into $ O. BALANCE OF DOWN PAYMENT to be deposited into on or before $ D. BALANCE OF PURCHASE PRICE AS FOLLOWS: j-} l J CS , 0400 E. In the event Buyer assumes or takes title subject to an existing loan, Seller shall provide Buyer with copies of applicable notesand Deedsof Trust. A loan may contain a number of features which affect the loan, such as interest rate changes, monthly payment changes, balloon payments, etc. Buyer shall be allowed ' �_} calendar days after receipt of such copies to notify Seller in writing of disapproval. READ PARAGRAPH 18 FOR IMPORTANT TERMS. Buyer's approval shall not be unreasonably withheld.. Difference in existing loan balances shall be adjusted in ❑ Cash, ❑ Other F. Buyer agrees to act diligently and In good faith to obtain all applicable financing. G. ADDITIONAL FINANCING TERMS: 2. OCCUPANCY: Buyer ❑ does, ❑ does not.Intend to occupy a unit in subject property as Buyer's primary residence. 3. SUPPLEMENTS: The ATTACHED supplements are incorporated herein: ❑ ❑ ❑ ❑ ❑ ❑ Buyer and Seller acknowledge receipt of copy of this page, . which constitutes Page 1 of Pages. Buyer's Initials ( ) I-) Seller's Initials ( ) ( ) THIS STANDARDIZED DOCUMENT FOR'usE IN SIMPLE TRANSACTIONS HAS BEEN APPROVED BY THE,CALIFORNIA ASSOCIATION OF REALTORS- IN FORM ONLY. .NO REPAESEW TATION IS MADE AS TO THE APPROVAL OF THE FORM OF. ANY SUPPLEMENTS NOT CURRENTLY PUBLISHED BY THE CALIFORNIA'ASSOCIATioN OF REALTORSe OR THE. VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. IT SHOULD NOT BE USED IN COMPLEX TRANSACTIONS OR WITH EXTENSIVE RIDERS OR ADDITIONS: A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT. AN APPROPRIATE PROFESSIONAL.' OFFICE USE ONLY s Reviewed 6 Broker or Desl nee 525 S ghl© 1989, nix,, Lot, A ASSOCIATION of REALTORS' Y 9 625 Swnn Virgil Avenue, Loa Angeles, Calilomia 90020 Date oo mmlV�imt REVISED 4M SELLERS' COPY - M- MB- Aar-89 AREAL ESTATE NASF CONTRACT Akin RFCPIDT FAD nPonAMIT rnl in 4A ew,rs.:.- ns et _ i1 Subject Property Address: 7 J1 al ' P 4. ESCROW: Buyer and Seller shall datives signed, instructions to v • %+�- ` �yy� } k � ilhe escrow holder, within 7 calendar days of acceptance of the offer Ich.kshAl provide fgr closmg.withln Ct assays of acceptance. Escrow tees to be. paid as follows: OtllP Yt'`. /€R9P.::- I!'!0I 5. TITLE: Title is to be free of liens, encumbrances. easements, restrictions, rights and conditions of record or known to Seller, other than the following: .(a)Current properfytazes, (b) covenants, conditions, restrictions,. and public utility easementsof record; if any, provided the same do not adversely affect the continued use of the property for the purposes for which itispresentlyb ,used, unless reasonably disOp -lf roved by Buyerin writing within 3 calendar days of receipt of a current preliminary report furnished at .. ;'r ! i expense, and (c) READ PARAGRAPH OR IMPORTANT TERMS. Seller shall furnish Buyer at bi = expense a California Land Title Association p cy issued by Cc'kTE'�R Qt00 � I'rr` -may ('14 ' _71111e Company, showing title vested in Buyer subject only to the above. If Seller is unwilling or unable to eliminate any title matter disapproved by Buyer asabove, Buyer may terminate this agreement. If Seller tails to deliver -title as §hove, Buyer may terminate this agreement; in either case, the deposit shall be returned to Buyer. 11 ,1 / / f 6. VESTING: Unless,otherwise designated in the escrow instructions W Buyer, title shall vest as follows: U by 1R. I y ` S'-1 ! I ,""o R-1 (The manner of taking title may have sig PROBATIONS: Prop s, payments to Buyer, and or ❑ Buyer; or ❑ paid i9 full by Seller, includir paid by r I I P C, C1 legal and yet due; or ❑ The ;;,PROPERTY WILSLBE give this matter serious consideration.) `esy rents, association duQS,.premiums on insurance acceptable went and prorated as of Lr fY"Lhe day of recordation of the deed; paid currentrby Seller, payments not yet due to be assumed by County Transfer tax shall be transfer tax or transfer fee shall be paid NCHANGE OF OWNERSHIP. THIS WILL AFFECT - THETAXES TOBE PAID. A Supplemental tax oW'4,r1�'bai '"ichshall be paid a,penads - after close of escrow: by Buyer (or byfinalacqulring party if pan of an exchange), and (b) for periods rtocbseiteadrow,.by Seller. TAX BILLS IAFTERCLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. 4 8. POSSESSION: Possession and occupancy. to BfJyeq _ close of escrbw, of'r than days after close of escrow, or ❑ 9. KEYS: Seller shall, at close of escrow, provide- BUyatK and/or rtip'{IAl; to operate all p alarms, if any. 10. FIXTURES: Excluding trade fixtures all permimetft BMUrea and fifljnga that are atl8t:l @d ,Property or for which special openings have been made are included in the.. purchase price, including electrical, light, plumbing and heatingfxtures; built -in appliances screens awnings shutters, all window coverings, attached floor coverings,TVante rtes, air cooler or conditioner, garage door openers and controls, attached fireplace equipment, mailbox, trees and shrubs, and Y I except 11. SMOKE DETECTOR(S): If required by law, approved smoke detectors shall be installed prior to close of escrow at the expense of ❑ Buyer ❑ Seller. If re- quired by law, Seller shall deliver to Buyer a written statement of compliance prior to close of escrow. 12. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with the rental agreement and current law, shall be transferred to Buyer on close of escrow. Seller shall notify each tenant in compliance with.CivilCode §1950.5(g) for residential property or CivilCode §1950:7(4) for non - residential property.. 13. STRUCTURAL MODIFICATIONS: Within calendar days after Seller's acceptance, Seller shall disclose to Buyer in writing any known structural ad- ditions or alterations, or the installation, alteration, repair,. or replacement of significant components of the structuresupon the property made with or without necessary permit(s). Buyer is allowed calendardays after receipt of such disclosure to notify Seller in writing of disapproval. READ PARAGRAPH 18 FOR IMPORTANT TERMS. 14. TRANSFER DISCLOSURE: In the event the property contains one (1) and not more than four (4) residential units, and unless exempt, Transistor (Seller) shall comply with Civil Code § §1102 at seq., by providing Transferee (Buyer) wither Real Estate Transfer Disclosure Statement: (a) ❑ Buyer has received and read a Real Estate Transfer. Disclosure Statement; or(b)❑ Seller shall provide Buyer with a Real Estate Transfer Disclosure Statement within calendar days of acceptance of the offer, after which Buyer shall have three (3) days after delivery to Buyer, in person, or five (5) days after delivery by deposit in the mail, to ter- minate this agreement by delivery of a written notice of termination to Seller or Seller's Agent. 15. TAX WITHHOLDING: Under the Foreign investment in Real Property Tax Act(FIRPTA), IRC§ 1445, every Buyer of U.S. real propertymust, unless an exemption applies, deduct and withhold from Seller's proceeds 10% of the gross sales price. Under California Revenue and Taxation Code § §18805 and 26131, the Buyer must deduct and withhold an additional one -third of the amount required to be withheld under federal law. The primary FIRPTA exemptions are: No withholding is required if (a) Seller provides Buyer with an affidavit under penalty of perjury, that-Seller is not a "foreign person;' or (b) Seller provides Buyer with er "qualifying statement" issued by the Internal Revenue Service, or (c) Buyer purchases real property for use as a residence and the purchase price is $300,000 or less and Buyer or a member of Buyer'sfamily has definite plans to reside at the properly for ahleast 50% of the number of days it in use during each of the first two twelve. month periods after transfer. Seller and Buyer agree to execute and deliver as directed any instrument, affidavit, or statement reasonably necessary to carry out those statutes and regulations promulgated thereunder. 16. MULTIPLE LISTING SERVICE: if Broker is a Participant of an Association /Board multiple listing service ( "MLS'), the Broker is authorized to report the sale, its price, terms, and financing for the publication, dissemination, information, aril use of the authorized Association/Board members, MLS Participants and Subscribers. 17. ADDITIONAL TERMS AND CONDITIONS: ONLY TIRE FOLLOWING PARAGRAPHS •A' THROUGH •K' WHEN INITIALLED BY BOTH BUYER AND SELLER ARE INCORPORATED IN THIS AGREEMENT. Buyer'si lels Seiler's initials A. PHYSICAL AND GEOLOGICAL INSPECTION: Buyer shall have the right, az Buyer's expense , to select alicensed contractor and/or other qualified professional(s); to make "Inspections" (including tests, surveys, other studies, inspections, and investigations) of the subject property, including but not limited to structural, plumbing, sewer /septic system, well, heating, electrical, built -in appliances; roof, soils, foundation, mechanical systems, pool, pool heater, pool filter, air conditioner, if any; possible environmental hazards such as asbestos, formaldehyde, radon gas and other substances/products; and geologic .conditions. Buyer shall keep the subject property free and clear of any liens, indemnity and hold Seller harmless from all liability, claims, demands, damages, or costs, and repair all damages to the property arising from the "Inspections" All claimed defects concerning the condition of the property that adversely affect the continued use of the property for the purposes for which it is presently being used (❑ or as _ ) shall be in writing, supported by written reports, if any, and delivered to Seller within calendardays FOR "INSPECTIONS" OTHER THAN GEOLOGICAL, and/or within .calendar days FOR GEOLOGICAL "INSPECTIONS;' of acceptance of the offer. Buyer shall furnish Seller copies, at no cost, of all reports .concerning the property obtained by Buyer. READ PARAGRAPH 18 FOR IMPORTANT TERMS. Buyer and Seller acknowledge receipt of copy of this page, which constitutes Page 2 of Pages. Buyer's Initials :( ) ( ) Seller's Initials ( - ) I-) OFFICE USE ONLY Rewewetl by Broker or Designee Date use m i Subject Property Address: 19. 20. ATTORNEY'S FEES: In any action; proceeding or. , itration aft 9 out of this agreement, ilia p iiiWGng party shall be entitled to reasonable attorney's tees and costs. 21. ENTIRE CONTRACT: Time isof the essence Atlprmtggcaemenitsbe a parties are incorporated in this agreement which constitutes the entire contract. Its terms are intended by the parties as a final expressron'o their agreement'with respect to such terms as are included herein and may not be contradicted by evidence ofany prior agreement or contemporaneous oral agreement. The parties further intend that this agreement constitutes the complete and exclusive state- ment of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving this agreement. 22. CAPTIONS: The captions in this agreement are for convenience of reference only and are not intended as part of this agreement. 23. AGENCY CONFIRMATION: 7h following agency relationships) are hereby confirmed for this transaction (PRINT FIRM NAME(S))'. LISTING AGENT is the agent of (check one): ❑the Seller exclusively; o✓ pgth the Buyer and Seller. SELLING AGENT: /' r pt not the same as Listing Agent) is the agent of (check one): ❑ the Buyer exclusively;. or ❑ the Seller exclusively; or ❑ both the Buyer and Seller. 24. AMENDMENTS: This agreement may not be amended, modified, altered or changed in any respect whatsoever except by a further agreement in writing executed by Buyer and Seller. _ - - 25. OFFER: This constitutes an offer to purchase the described e s acceptance is signed by Seller and the signed copy deWered in pefaon; by mail. or facsimile, and received by Buyer, at the address bolo , r who is authorized to receive it, on behalf of Buyer, ndar days of the date hereof, this offer shall be Yrevo and The deposit shall be returned. Buyer has read and acknowled eip f iyeffer. This agreement and any supple,roe�t Y', 2a du'rryy mt dificption relating hereto, including any photocopy or facsimile th e e ute yf6g or more counterparts. all of whic t stlill, cons to o9 "e.',gvm"' the;2me writing. REAL ESTATE BROKER i BU BUYER --elnl xx LL' Address. Address F t„ r -r- 1 . Telephon Fa Telephone. —rte. OT tf y 439 f / C ©� CCEPTANCE _5 riKC_ CX'c � � �QV cScfow 3�a The undersigned er accepts and agrees to sell th roe y on t e abov terms and nditions and agrees to the above confirmation of agency relationships (❑ subject to attached counter offer). ,nFV� In� TLA Seller agrees to pay to Broker(s) compensation for services as foronly Payable: (a) On recordation of thther evidence of title, or (b) if completion of sale is prevented by default of Seller, upon Seller's default, or (c) if completion of sale is prevented by default of if and when Seller collects. damages from Buyer, by suit or otherwise, and then in an amount not less than one -half ofthe damages recovered, but not to e above fee, after first deducting title and escrow expenses and the expenses_ofcollection, if any. Seller shall execute and deliver an escrow instruction irresigning the compensation for service in an amount equal to the compensation agreed to' above. In any action, proceeding. orarbitration between Broker(s) a arising out of this agreement, the prevailing partyshall be entitled to reasonable attorney's fees and costs. The undersigned has read and acknowledges rec py of this agreement and authorizes Broker(s) to deliver a signed copy to Buyer. Date Te phone Fa SELLER Address SELLER 2' /� Real Estate Brolcer(s) agree to the foregoing. 1 , t 5 C r `' • tt�� �� e V I �d,'5 CS c..�O � %c5r c /S� Broker Broker This farm is available an use by me entire real estate Indu9ry. The use dl this form is not intended to Identify me user as a REALTOR'. REALTOR' is a neg,slered bolldbWe membership mark waned may be used only by real estate hConsees who ate members bt the NATIOWAL ASSOCIATION OF 'ALTORS' and who subscribe to its Code of Ethics. By Date By D ©� In,a✓l �j C 5c i d l� _ l/ CJ DMOF USE L ! l SELLERS' COPY Reviewed by Bicker or Desig _..._ qWLqW. OvPe iY Page 5 of Pages. Date ..__ —.... ... M -MB- Apr -89 S AF Fl Y STUDY SESSION ITEM NO. 8 CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER MARCH 13, 1989 TO: MAYOR AND CITY COUNCIL FROM: EXECUTIVE ASSISTANT SUBJECT: CITY PROPERTY - 4210 RIVER The City Council reviewed the attached staff report on February 13, 1989. To place the sale of the property on the ballot, the City Council simply approves a resolution ordering that an appropriately worded measure be placed on a ballot of a general municipal election, a special municipal election or a consolidated • election. The schedule of upcoming elections is: - November 1989 School Board June 1990 - State General Primary November 1990 - General Municipal. Election The resolution must be approved approximately 90 days prior to the election date. Cost to the City would approximate $15,000 for a general municipal election and $30,000 for any of the others. If approved by the voters, sale of the property must be preceded by a resolution declaring the property surplus and by an offer to sell the land to the State and County for park and. recreation purposes and to certain "public entities" for develop- ment of low and moderate income housing. Such offers would need to be made to each of the following: California State Resources Agency Orange County Park and Recreation Division • Orange County Housing Authority .. I ,. • • Page 2 • Additionally, "housing sponsors" qualified by the California Housing Finance Agency to develop low and moderate income housing may request such an offer of sale. Any of these agencies could opt to purchase the property at a price negotiated with the City. If these agencies elect not to purchase the property, then the City can sell it by conventional means. While several methods are available, it is recommended that a minimum price be established and that sealed competitive bids be solicited followed by an auction where all those who submitted bids would be allowed to re -bid above the highest sealed bid in minimum increments of perhaps $5,000. This method will insure the City receiving the highest price while maintaining a high standard of openness. 0 KJD:mb Attachment • KENNETH DELINO • I TUDY SESSION ITEM NO. CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER FEBRUARY 13, 1989 TO: MAYOR AND CITY COUNCIL FROM: EXECUTIVE ASSISTANT SUBJECT: CITY PROPERTY - 4210 RIVER The City acquired the subject property in 1936 for failure to pay taxes, and a judgement dated February 19, 1940 cleared title and granted the parcel to the City. Located on the channel at the corner of River and 43rd Streets, ® the 30 foot by 100 foot lot is vacant with small trees and bushes. (See attached map.) The lot is zoned R -2 and could support a duplex of 3648 sq. ft. including four parking spaces. The lot has a finished concrete bulkhead and a dock would be allowed. is 6 The City trims and cleans, but has never utilized the lot. Channel Park is just across the street and no City use for the lot has been identified. An appraisal of the fee simple value of the property by Richard Fuller, MAI, has produced a range between $325,000 and $350,000. Lease value would be approxi- mately 4% of that value or $13,000 to $14,000 per year. Lease or sale of the land would require the Charter) approval by the Electorate scheduled election is November 7, 1989. KJD:mb (per Section 1402 of The next regularly IL N KENNETH . DELINO 0J4 I- .. .. ... .._.. �... ____ V• / 5� D�VIS tf1�1 Iq ✓IyJE5 ' f� .P 5PT' O 16 d yd ••ie. Zt i�'n+ir' -"r -�? rle PR S1 • i / O /t ,r X33 �Dp BaRt �.a 2 �...�. _.IH)/ _ L war ✓yr �p P+rr' IJC'" \ k C _ .••¢ si •r!.____'�"� P'iA!,p c °Sr e fRiAcf NEB r �0r , i�' .� P• g'_ to 0 4 7v j •pto L >, 1P •� �- - � 71 � �5 �e � < _ a try j l Ob I ��Jfrr v� Ati [n K o A.v [ CM4gCUS,T 3 • tbc� \Q oal�e•g y •' CE`° a $ J / O � c I •1 P p A �. VfQ ° Pvyy. '• ••C Y R. ; • • ,ryi < s a a z' Pivo o sl ! J z.. GOP". P 4 p ' 9 !. .". ` .r. r i J _n . t7 . • ,., k -Ave °°,a..d /' /, •t ,�., 'a.,cn Bq�"��"+�, «r'P2 1, /Z t� -' ...l ;,r Wt J Y '�A I .,v j h s 4; •j s rr g. a ' /o ? W /8 Y^� ' /Z . 'c ¢ ,S 1a II ,+ x 6 Zr � �` 9 /Q � /Z /F � • y � w,.�,�� ,pr , •N pay F 'J m s s3 rr ° n v /v � ; i .a • 1 u /e � � u .. oz _��' '� `' B'.» . _ e ri •' a /e }, /z z° a ,e > � ! .�; F • -Cf'�1 _F. J» r a ' � _ 'i i /s, Zi IJ » O .. ^a... •, e - �� ^� � � . r x ! F Jr L , 3ai B Ili 443 Aj 4 4 r -L 438 CT-EY OF NEWPORT BEACH ,USLFL 'd01kS UVe,LaINi ,r ` C LIABILITY $2,000.00 FEE $50.00 • r LITIGATION GUARANTEE ORDER NO. OR 1132786 YOUR REF. A.P. N0. 45- 193 -01 PURCHASE. ORDER 9453 First American Title Insurance Company a corporation, herein called the Company,. GUARANTEES CITY OF NEWPORT BEACH herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that, according to the public records, on the date stated below, (1* 1. The title to the herein described land was vested in the vestee named, subject to the mat- ters shown as Exceptions herein, which Exceptions are not necessarily shown in the order of their priority; and 2. The necessary parties defendant in an action to ELIMINATE RESTRICTIONS SHOWN AS ITEM #2 OF.THIS REPORT are asherein stated. All subject, however, to tha exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee. Dated: February 15, 1973 at 7:30 A.M. First American Title Insurance Company BY /- PRESIDENT BY ASSISTANT SECRETARY Frank D. Laer Page 2 • • V EST E E: OR %86 City of Newport Beach by Final Judgment in the Superior Court of the State of California for the County of Orange, Case No. 37526 entitled "City of Newport Beach vs. L. G. Goyette et.al.," a certified copy of which Judgment was recorded February 17, 1940 in book 1029, page 275 of Official Records. EXCEPTIONS: 1. General and Special Taxes for the fiscal year 1972 -1973, exempt. Code Area 07 -001, A.P. No. 045- 193 -01. 2. The Covenant against the vending of intoxicating liquor as contained in the deed from the Orange County Improvement Association, a corporation, to L. G. Goyette, recorded September 17, 1923 in book 151, page 384 of Deeds, but deleting restrictions, if any, based on race, color, religion or national origin. Note It The reversionary interest under said instrument recorded in book 151, page 384 of Deeds is now vested in Eleanor Mize, as to an undivided one -half interest, and Robert C. Mize, Junior and Marjorie Mize LeGaye, in equal shares, as to the remainder, by mesne instruments of record. Note 2[ Quitclaim Deeds from Eleanor Mize, Robert C. Mize, Junior and Marjorie, ?Mize LeGaye will be required to eliminate this item. 3. An Easement for ingress and egress and'public recreation purposes and incidental uses including but not limited to parking, fishing, picnicking, general viewing, public protection and policing and erosion control. Pape 3 Said necessary parties (other than those having a claim or interest by reason of matters shown in Exceptions numbered 1 and 3 to be made defendants in said action to be brought by City of Newport Beach, as plaintiff, are as follows: Eleanor Mize Robert C. Mize Jr. Marjorie Mize LeGaye % Mize, Larsh, Mize & Hubbard, Attorneys 1666 North Main Street Santa Ana, California 92701 The land refe:2d to in this Guarantee is situated in the State of .California , County Of orange, City of Newport Beach, and is described as follows: Lot 6 in Block 242 of Canal Section, Newport Beach, as shown on a Map recorded in book 4, page 9E of Miscellaneous Maps, records of Orange County, California. FL:ld Page 4 - - • • F2(b) through F2(e) CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM June 6, 1989 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Special Election Regarding Sale of Property at 4210 River Avenue The City Council has determined it is appropriate to sell City property at 4210 River Avenue. (Copies of previous staff reports are attached.) The four resolutions on the agenda call the. special election, ask the Board to consolidate our measure with the statewide school district election, and authorize the Mayor to prepare a written argument in support of the measure. The measure, as drafted, requires the sale to be at fair market value. Voter approval of the measure will authorize, but not require, sale of the property. Recommendation: It is recommended that the City Council adopt the four resolutions pertaining to the proposed sale of the property at 4210 River Avenue. RHB:jg Attachments cc: Ken Delino • i STUDY SESSION ITEM NO. 8 CITY OF NEWPORT BEACH OFFICE Of THE CITY MANAGER MARCH 13, 1989 TO: MAYOR AND CITY COUNCIL FROM: EXECUTIVE ASSISTANT SUBJECT: CITY PROPERTY - 4210 RIVER The City Council reviewed the attached staff report on February 13, 1989. To place the sale of the property on the ballot, the City Council simply approves a resolution ordering that an appropriately worded measure be placed on a ballot of a general municipal election, a special municipal election or a consolidated election. The schedule of upcoming elections is November 1989 - School Board June 1990 - State General Primary November 1990 - General Municipal Election The resolution must be approved approximately 90 days prior to the election date. Cost to the City would approximate $15,000 for a general municipal election and $30,000 for any of the others. If approved by the voters, sale of the property must be preceded by a resolution declaring the property surplus and by an offer to sell the land to the State and County for park and. recreation purposes and to certain "public entities" for develop- ment of low and moderate income housing. Such offers would need to be made to each of the following: California State Resources Agency Orange County Park and Recreation Division Orange County Housing Authority • 0 Page 2 Additionally, "housing sponsors" qualified by the California Housing Finance Agency to develop low and moderate income housing may request such an offer of sale. Any of these agencies could opt to purchase the property at a price negotiated with the City. If these agencies elect not to purchase the property, then the City can sell it by conventional means. While several methods are available, it is recommended that a minimum price be established and that sealed competitive bids be solicited followed by an auction where all those who submitted bids would be allowed to re -bid above the highest sealed bid in minimum increments of perhaps $5,000. This method will insure the City receiving the highest price while maintaining a high standard of openness. KENNETH DELINO KJD:mb Attachment • WST'UDY SESSION ITrN No. CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER FEBRUARY 13, 1989 TO: MAYOR AND CITY COUNCIL FROM: EXECUTIVE ASSISTANT SUBJECT: CITY PROPERTY - 4210 RIVER The City acquired the subject property in 1936 for failure to pay taxes, and a judgement dated February 19, 1940 cleared title and granted the parcel to the City. Located on the channel at the corner of River and 43rd Streets, the 30 foot by 100 foot lot is vacant with small trees and ( bushes. (See attached map.) The lot is zoned R -2 and could support a duplex of 3648 sq. ft. including four parking spaces. The lot has a finished concrete bulkhead and a dock would be allowed. The City trims and cleans, but has never utilized the lot. Channel Park is just across the street and no City use for the lot has been identified. An appraisal of the fee simple value of the property by Richard Fuller, MAI, has produced a range between $325,000 and $350,000. Lease value would be approxi- mately 4% of that value or $13,000 to $14,000 per year. Lease or sale of the land would require (per Section 1402 of the Charter) approval by the Electorate_ The next regularly scheduled election is November 7, 1989. KJD:mb 6 I ll J KENNETH DELINO j! • _ D-1 15) ✓ ar. lb �,8 P O Slet e n. {P i ip ,e ✓t J Ait tR /w,._ j3 0 LOP tBVp� 'y S s. �� • ../ vv iJ�o � \ -r k , 1 'ZZ. �L =tL'• �_.Qj Y Pi mod.'• r�'/rt'r•' 5 ! 9� r. . fRi ` �!o NPNN I 1�✓ r s s \l � L HAN- �. a IN hl; t4 �•'�`�`�` St�t.'.\ �..'�3p � �'� � n �•„r° Gy � a .,.�.•fid i RJYfk pY! yih fa' o t'9y v; p�P ry s e J ; Pia a i ✓ ° r �� 9R„• -. '�L�p71�Ez ryc �� �r e� ; i 9 6 `z y `. `. . ��„ �� z e J i ".::. S .mow c".o„'ri`•,ae« /i �W � e ° e � ° t / z. (,'; • •'ynti _. V h J /! W_ r z Ai ' ie +. ?ij /° Si + �. °°'wR AC`�µ.'�w. • ;.'2 /r a0 ✓. a W! 0 9 e ,/ /9 ,• � /z 4 � /s ! "' °•a ,,.�' , i � . "' • /e + h s " rL • 1 ski ri �• W - ti •`. /i i pp•, a A: !�' t -„�. .ay, ,.,�, .r a 2y y . rJ ;� h ' � ti f ;QW /o ro i �1 f. /� /z v i� �. � �;� / ec .-L. .. •.�'; e rr 1 r /r K g. y .. 'bv..yy . •r.yiy r✓,I re 0 ' e to; i• _ `GT /c /i )z Y- f f "t�to '. rsz f z t✓ t l r/ t 9 q " /o ie ¢ '� 3 /i ` Y . ..; /J n 3 m .. ¢ S SJ 7 f S /,Z.. r t l r/ i i. 9 ro:,, q /l i•• •f. V r7 . C /s ro C b s ' J > • S,-4S,, <S�r o .. o J ..3.' e , a� e URIC f • . ' Jc . + + .'•.. i A42 4AI SAC /F /C -0 79 MY OF NEWPORT REACH ruluC ?. ols ou.nueNl • F2(b) RESOLUTION NO. 89- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING AND GIVING NOTICE OF A SPECIAL ELECTION TO BE HELD IN THE CITY OF NEWPORT BEACH ON TUESDAY, NOVEMBER 7, 1989, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF A MEASURE RELATING TO THE SALE OF BEACHFRONT PROPERTY AT 4210 RIVER AVENUE. WHEREAS, the City Council of the City of Newport Beach desires to submit to the qualified electors of said City, at a special election, a measure authorizing the City Council to sell a vacant waterfront parcel of real property located at 4210 River Avenue; and WHEREAS, Section 1402 of the City Charter requires voter approval of any proposal to sell waterfront property except in certain circumstances not applicable to this parcel; and WHEREAS, the proposed sale is consistent with all of the ordinances, plans, policies and programs adopted by the City of Newport Beach; and NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, declare, determine and order as follows: 1. Pursuant to the Charter of the City of Newport Beach and the Constitution and Laws of the State of California, a special election is hereby called and ordered to be held in the City of Newport Beach, County of Orange, State of California on Tuesday, November 7, 1989 for the purpose of submitting the following question to the qualified electors of the City: SHALL THE CITY COUNCIL OF THE CITY OF Yes [] NEWPORT BEACH BE AUTHORIZED TO SELL, No [] AT FAIR MARKET VALUE, THE PARCEL OF REAL PROPERTY AT 4210 RIVER AVENUE? 1 • • 2. That the polls for said election shall be opened and closed to coincide with the polls for the statewide election to be held on the same day. 3. That an "X" placed in the voting square after the word "Yes" shall be counted in favor of the adoption of the proposition, and an "X" placed in the voting square after the word "No" shall be counted against the adoption of the proposition. 4. That the notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in the time, form and manner as is required by law, and that in all particulars not recited in this resolution, the election shall be conducted as provided by law. 5. That the City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of the City of Newport Beach, and shall note the passage and adoption thereof in the minutes of the meeting at which action was taken on this resolution. 6. That this resolution shall take effect immediately. ADOPTED this day of June, 1989. ATTEST: City Clerk 6/6/89 Mayor 2 • F2(c) RESOLUTION NO. 89- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 1959 WITH THE STATEWIDE SCHOOL DISTRICT ELECTION TO BE HELD ON THE SAME DATE. WHEREAS, a special municipal election has been called and noticed within the City of Newport Beach for November 7, 1989; and WHEREAS, it is desirable that this special municipal election be consolidated with the statewide school district election to be held on the same date, and that within the City of Newport Beach the precinct, polling places and election officers of the two elections be the same and that the statewide election and the special municipal election be held in all respects as if there were only one election. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, determine and order as follows: 1. Pursuant to the provisions of Section 23392 of the Elections Code of the State of California, the Board of Supervisors of the County of Orange is hereby requested to consolidate a special municipal election to be held on November 7, 1989 for the purpose of submitting a measure relating to the sale of waterfront property located at 4210 River Avenue with the statewide school district election to be held on the same date. 2. That on the ballots to be used for said special municipal election, in addition to any other matters required by law, the measure to be submitted to the qualified electors of the City of Newport Beach shall be printed as follows: SHALL THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH BE AUTHORIZED TO SELL, AT FAIR MARKET VALUE, THE PARCEL OF REAL PROPERTY AT 4210 RIVER AVENUE? 1 Yes q No [] 0 • 3. The Board of Supervisors is also requested to issue instructions to the Registrar of Voters to take any and all steps necessary to insure consolidation of the two elections. 4. The City of Newport agrees to reimburse the County of Orange for any costs or expenses incurred by the County by reason of this consolidation. 5. The City Clerk of the City of Newport Beach is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the Registrar of Voters of the County of Orange. ADOPTED this day of June, 1989. ATTEST: City Clerk 6/6/89 Mayor 2 0 RESOLUTION NO. 89- • F2(d) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 1989 WHICH IS TO BE CONSOLIDATED WITH THE STATEWIDE SCHOOL DISTRICT ELECTION TO BE HELD ON THE SAME DATE. WHEREAS, the City Council of the City of Newport Beach has called and given notice of a special municipal election to be held on November 7, 1989; and WHEREAS, the City Council of the City of Newport Beach has requested the Board of Supervisors consolidate the special municipal election with the general statewide school district election to be held on the same date; and WHEREAS, it is desirable that the Registrar of Voters, County of Orange canvass the returns of the special municipal election and the statewide election. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, determine and order as follows: 1. That pursuant to the requirements of Section 23306 of the Elections Code of the State of California, the City Council of the City of Newport Beach hereby authorizes the Board of Supervisors to canvass the returns of the special municipal election to be held on November 7, 1989, which will be consolidated with the statewide school district election to be held on the same date. 2. That the Board of Supervisors is hereby requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election and the canvass of returns. 1 0 3. That the City Clerk of the City of Newport Beach is hereby directed to file a certified copy of this resolution with the Board of Supervisors and Registrar of Voters of the County of Orange. ADOPTED this day of June, 1989. ATTEST: City Clerk 6/6/89 Mayor F LI RESOLUTION NO. 89- F2(e) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR TO FILE A WRITTEN ARGUMENT IN SUPPORT OF A CITY MEASURE PERTAINING TO THE SALE OF WATERFRONT PROPERTY AT 4210 RIVER AVENUE. WHEREAS, the City Council of the City of Newport Beach, concurrently with the approval of this resolution, has called a special election to submit to the electorate a measure pertaining to the Council's authority to sell a waterfront parcel of real property located at 4210 River Avenue; and WHEREAS, the City Council of the City of Newport Beach is authorized to empower one or more of its members to file a written argument for or against any City measure; and WHEREAS, the City Council has determined that it is appropriate for the Mayor to file a written argument in support of the ballot measure pertaining to the sale of waterfront property at 4210 River Avenue. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, declare, determine and order as follows: 1. The Mayor is hereby authorized to prepare, sign and file a written argument, including any rebuttal argument necessary, in favor of the adoption of the measure pertaining to the sale of waterfront property at 4210 River Avenue. 2. The City Clerk is hereby directed to notify the Mayor of the date and time on which the written argument must be filed with the City Clerk. 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED this day of June, 1989. Mayor ATTEST: City Clerk • f OV CITY COUNCIL AGENDA ITEM NO. 11 SUPPLEMENTAL REPORT CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER SEPTEMBER 27 1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: 4210 RIVER AVENUE SEP 2 71993 ACTION: If desired, approve sale of subject property for the amount of $367,000 and authorize Mayor and City Clerk to execute all transfer documents. BACKGROUND: The previous staff report forwarded with the agenda package referenced a price of $362,500 with a 90 day escrow. That offer was negotiated by this office SUBJECT TO APPROVAL BY THE CITY COUNCIL. In the interim, another offer was received for $367,000 all cash, 30 day escrow with $10,000 non - refundable earnest money. The buyers are local business owners and investors and appear qualified. This offer with a commission of $18,350 which when combined with title insurance and other fees will net to the City approximately $345,650. DISCUSSION: While not entirely consistent with typical practice regarding the sequence of accepting offers, this higher offer can be accepted by the City Council because of the contingency for Council approval contained in the first offer. RECOMMENDATION: Approve the latest offer of $367,000. KJD:mb Kenneth J. D ino 10 0 CITY COUNCIL AGENDA ITEM NO. 11 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER CITY OFps =r, SEPTEMBER 271993 r TO: MAYOR AND CITY COUNCIL SEP 2 71993 FROM: DEPUTY CITY MANAGER SUBJECT: 4210 RIVER AVENUE ACTION: If desired, approve sale of subject property for the amount of $362,500 and authorize Mayor and City Clerk to execute all transfer documents. BACKGROUND: Based on an 1989 appraisal between $325,000 and $350,000, the City Council approved the sale of this property for a price of $350,000 based on a contemplated bid procedure. On April 29, 1993 the highest bid yielded a cash offer of $315,000, and consequently on June 28th the Council approved listing the property with Cannery Village Realty for $405,000 with a 5% commission. There has been little activity on the property until the last few weeks when four offers have been received. One offer was for $400,000 with $220,000 in cash and a trade for another duplex with a $350,000 mortgage and supposedly $180,000 in equity. The City Attorney however determined this to be an assumption of public debt which is illegal without a two - thirds public vote. Another offer was for $330,000 subject to a construction loan, but was a FAX with no earnest money and no clear responsible party. Another offer was a resubmittal of the original $315,000 bid, all cash, 45 day escrow, no contingencies and no commission. The current offer of $362,500 entails a commission of $18,125 which when combined with title insurance and other fees should net to the City approximately $341,600. The escrow period is 90 days contingent upon receiving a clear soils report and obtaining building permits for single family dwelling. A $2,000 per month penalty is assessed to the buyer if he fails to close escrow within the 90 day period. The prospective buyer has lived in the area for 13 years, has good financial references and appears to be a qualified buyer. RECOMMENDATION: The subject offer is a result of extensive negotiation with multiple offers and counter- offers. Considering the current slow real estate market, the appraised value and the qualifications of the buyer, staff recommends acceptance of this offer. L� KJD:mb Jenneth J. Deli 1. 1 • CITY COUNCIL AGENDA ITEM NO. 10 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER JUNE 28, 1993 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: SALE OF 4210 RIVER AVENUE BY THt CITY li;;:it! ., •.:_ CITY of NEWPe ? !: I 711k: APPROVED ACTION: If desired, select Cannery Village Realty, Inc., as the listing agent for the sale of 4210 River Avenue and authorize the City Manager to execute the necessary agreements. BACKGROUND: Sale of this property was approved by the City Council and the electorate. A 1989 appraisal valued the property between $325,000 and $350,000. City Council Resolution No. 92 -142 authorized the sale for a price of $350,000. An auction conducted April 29, 1993 yielded an offer of $315,000, all cash within 30 days. That offer expired before the City Council could respond. A higher sales price may be gained by marketing the property through an established real estate firm. DISCUSSION: A Request For Proposals was sent to all real estate companies in the western part of the city and made available through the Board of Realtors. The RFP asked for a proposed listing price backed by research, proposed commission, broker experience and marketing plan. Eleven proposals were received and are summarized on the attached chart. The complete proposals are available in my office. RECOMMENDATION: All the proposers are qualified and could adequately market the property. To select among them, the highest consideration is given to price and commission. A high listing price and low commission are necessary to ward against criticism that the City is not receiving the greatest value. Beyond those criteria, experience, location and marketing strategy become important. Cannery Village Realty proposed one of the higher prices and supported it with market data. Their commission is among the lowest. They are located on McFadden Square and have a large advertising sign there that lists their properties. Most importantly, one of the listing agents has built several homes in the area and will market the property to the construction community. For these reasons, they are recommended. I I: _ a CL 15 0 § 0 � 0 { \a 0 cc 0 ®} - ( ) / { m 0 § { z z FL } \ )w \ E \ co 0 Co § E \ k E 0 - \ - 9 2 , 2 ) ) § - co c { { E § ; ; ; : cm ƒ \ \ \ / \ } } \ \0 \ . �LU i� )) _ - \e i _ - £ to » } / m _ , � § E ) ( \ ) \ } M. .2 \ o j } ƒ co ) \ ) ) j j \ / E ƒ ,( ®/ « k) {) } 00 \(o /) # { °J[»2 /4 /0w 2: !_�.ic -; ®z ®> co 6, k %% Em (w {§ f » ke 1p =e 3m n C ®2 0 E( o 6 2Z ILm —6-0 10 ] /le 0w lm ..1 �"$� 1. 4L i Xf ,:.M���r4��1��� ..�i ���^- V� •• z Y.,''�y'�"� 1_ � '. • TfNB IB 'Y$'J�`At.Y aWDIH�# ;,� . ' `pF oce� � 'foAA)'� �+_�.z:.y: �•k... '"���„���,, �,�� .rte -�.-� EXCLUSIVE RIGHT TO SELL: I hereby employ and grant hereinafter call "Broker," the exclusive and irrevocable right commencing on ooz, 36�L2?1 midnight on , 199 , to seexchange the real property situated in the City of (rpunty of n1fdAr lor California described as follows: ft 2. TERMS OF SALE!The purchase price shall be 2 fo be paid as follows The following items of personal property are included in the above Stated price: Vouec, A 3. MULTIPLE LISTING SERVICE (MLS): Broker is a Participant of ASSOCIATION/BOARDOFREALTORS° Multiple Listing Service (MLS) find t hislist inginformationwillbeprovidedt otheMLStobepublishedanddisseminated to its Participants in accordance with its Rules and Regulations. Broker is authorized to cooperate with Other real estate brokers, to appoint subagents and to report the sale, its price, terms and financing for the publication, dissemination, information and use by authorized Association /Board members, MLS Padicipants and Subscribers. 4. TITLE INSURANCE: Evidence of title shall be a California Land Title Association policy of title insurance in the amount of the selling price. Notice: The amount or rate of real estate commissions is not fixed bylaw. They are set by each Broker individually and maybe negotiable between the Seller and Broker. 5. COMPENSATION TO BROKER: I hereby agree to compensate Brokeryspecllve of agency relatlonship(s),as follows: (a) --.T— percent of the selling price, or If the property lss* during the term hereof r any extension thereof, byBroker or through any other j�rson, or by me on thelemrs herein set forth or any othii price and terms I -may accept, or � percent of the price shown in 2, or$ o��, e?sy Ifgeudpvp ®ilgiswithdrawnfromsefe,trarsfe ied.cornByed letise�l; or rented without the consent ofBrokerormade unmarketable by my voluntary act durlrtgthai@fm hereof or any extensrolt rtleraaf ., (b) The compensation provided for in sub (a) above if property Is s �nveyed ar otherwrsetransferred within ZLL calendar days after the termination of this authority or any exbansl reofto anyone with who Btdcer hashed rtegotiatibns prior to final termination, provided I have received notice in writing, including the names of the p� purchasers, before or uptiination Wthtsagr�emenlor any extension hereof. However, I shall not be obligated to pay the compensation pravrdedteiIpsobparagraph (a )if avaI! gagreemant is entered into during the term of said protection period with another licensed real estate broker and3,Sale tease orexchange of the properryls made duri6lfie term of said valid listing agreement. (c) t authorize Brokerfo cooperate with otherbrtst0appalrflsubagentS, andlodividewlhIXfrerbrol® rsstichCbmpensationinanymanner acceptable tobrokers (d) In the event of an exchange, permission ishere6y Bro kerto. representallpa III esandcollectcompensationor commissions from them, provided there is full disclosure to all principals of such agency; authorizetJaodivide with other brokersslicheompensalion or commissions in any manner acceptable to brokers. (e) Seller shall execute and deliver an escrow instruction irrevocaWaigsigning Broker's compensation man amount equal loth* compensation provided in subparagraph (a) (above) from the Seller's proceeds. 6. DEPOSIT: Broker Is authorized to accept and hold on Seller's behalf a deposit to be applied toward purchase price. 7. HOME PROTECTION PLAN: Seller is informed that home protection plans are available. Such plans may provide additional protection and benefit to a Seller and Buyer. Cost and coverage may vary. +8. KEYBOX: I authorize Broker to install a KEYBOX: (Initial) YES (__J NO ) Refer to reverse side for important keyyboA information. 9. SIGN: Authorization to install a FOR SALE/SOLD sign on the property: i nnla YES ) NO (_ / ) 10. PEST CONTROL: Seller shall furnish a current Structural Pest Control Report of the main building and all structures of the property, except ensiai) YES 1 tion of the 0 _ —) 11. DISCLOSURE: Unless exempt, Seller shall provide a Real Estate Transfer Disclosure Statement concerning the condie property. agree to save and hold Broker harmless from all claims, disputes, litigation, and/orjudgmenis arising from any incorrect information supplied by me, or from any mate Ial fact known by me which I fail to disclose. Partial) ) +12. TAXWITHHOLOING: Seller agreesto perform any act reasonably necessary to carry out the provisions ofFIRPTA (internal Revenue Code §1445) and California Revenue and Taxation Code § §18805 and 26131, and regulations promulgated thereunder. Refer to the reverse side for withholding provisions and exemptions. 13. EQUAL HOUSING OPPORTUNITY: This properly is offered in compliance with federal, state, and local anti - discrimination laws. +14. ARBITRATION OF DISPUTES: Any dispute or claim in law or equity arising out of this contract or any resulting transaction shall be decided by neutral binding arbitration in accordance with the rules of the American Arbitration Association, and not by court action except as provided by California law for judicial review of arbitration proceedings. Judgment upon the award rendered by the arbitrator(s) may be entered In any court having jurisdiction thereof. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1263,05. The following matters are excluded from arbitreBon hereunder: (a) a judicial ornon•judicial foreclosure or other action or proceeding to enforce adeed of trust, mortgage, or real property sales contract as defined in Civil Code 6s2985, (b) an unlawful detainer action, (c) the filing or eitorcament of a mechanic's lien, (d) any matter which is within the jurisdiction of a probale court, or (e) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §33215 applies. The filing.of a judicial action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies, shall not constitute a waiver of the right to arbitrate under this provision. "NOTICE: BY INITIALLING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALLING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE THE YOUR PROVISION IS VOLUNTARY :' 'ME HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE ARBITRATION OF P ES' PROVISION 1p�NEUJAAL ARBITRATION:' pnwaq BROKER ) SELLER flit' / ) 15. ATTORNEYS actionn,prroosedidinsor_ arbitrationarisingoutofthisagreement, theprevailinQgartyshallbeentftledtoreasonableattomey 'sfeesandcosts. 16. ADDITIONAL TERMS: r c;�yl A?�U_jZ'j 10 IT ENTIRE AGREEMENT: I, the Seller, warrant that I am the owner of the property or have the authority to execute this agreement. The Seller and Broker further intend that this agreement constitutes the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding, if any, involving this agreement. I acknowledge hat I hilve read and understand this agreement, including the Information on the reverse side, and have received a copy. Date 4 Z 19 1 California Seller Address rO Seller Ciryr Ft Stat Zip In consideration of the bove, Broker 9 g s to use diligence in procuring a purchaser. Ph - Real Estate Broker i 1 L.l �it94[ Y 1i By �, '� �- �� * Date A REAL ESTATE BROKER IS THE PERSON OUALIFIEO TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONA4 This form is avalleDlB for use Ey Ilia antim real BMAm inEUra.. The use of this but, is not intended to Identity the user as a REAL1DiM REALTOR* is a registered collective membership mark wNth may be used only by real estate licensees who am members of the NATIONAL ASSOCIATION OF REALTORS* and who subscribe to its Code of Ethics. REFER TO REVERSE SIDE FOR ADDITIONAL INFORMATION. OFFICE USE ONLY The copyright laws of the United Staten (17 V.S. Code) farbid the uneutMrized reproduction of this farm by any means including facsimile or computerized formats. FAwimod by Broker 0r Designee CopYngm® 1986, CALIFORNIA ASSOCIATION OF REALTORS* SM South Virgil Avenue, Los Angeles. California 80020 FORM A -14 'ate" arw"°inlir REVIEWED ZVI M- PM -t/g8 _� _ SELLER'S COPY __: 0 CANNERY VILLAGE REALTY INC. 2025 W. BALBOA BLVD. • NEWPORT BEACH, CA • 92663 ADDENDUM A ADDENDUM TO REAL ESTATE CONTRACT AND RECEIPT FOR DEPOSIT following Items and conditions are hereby Incorporated in and made part of the 1:1 Real Estate Purchase Contract and Receipt for Deposit, Mobile Homef Purchase Contract and Receipt for Deposit, 1:1 Business Purchase Contract and Receipt, 14�other C 3 1.,/ - '77) date , 19 f "' on property known as: inwhlch is referred to as Buyer and C' /✓yt 102666 � ______________ _ is referred to as Seller. A. PROFESSIONAL COUNSEL: Buyer(s) and Seller(s) are advised to seek tax and legal counsel for answers to any questions they may have regarding this transaction. Buyer Seller B. RECOMMENDATIONS FOR EXPERTS: Buyer(s) have been strongly advised to retain qualified experts such as engineers, contractors, and other qualified experts to discover all facts materially affecting the value or desirability of this property, and have been advised to obtain written reports from said experts. Buyer(s) are not relying upon any advice, oral, or written representations from Broker(s), its Agent(s), or employee(s) in making their decisions to purchase. A "third parry" inspection is recommended to ascertain condition of pool, roof, appliances, plumbing, heating and air .conditioning. Buyer Seller C. DISCLAIMER OF QUALIFICATIONS IN OTHER FIELDS AND BROKER DUTIES: Buyer(s) and Seller(s) acknowledge that Real Estate Brokers and Agents; are retained solely to market the real property and are not experts retained or qualified to perform any other services. The duties of Real Estate Brokers and Agents are set forth in the listing agreement, by statute and the regulations of the Department of Real Estate. Buyer Seller D. WAIVER AND ASSUMPTION OF RISK: If Buyer(s) fail to obtain such expert advice and reports before the close of escrow, or as set forth in deposit receipt, inspection reports and escrow instructions, Buyer(s) shall be deemed to have assumed the risk of all detects and hereby waives any and all claims against Broker(s), Broker's Agent(s) and employee(s), Seller(s) and escrow. Buyer Seller E. SOIL CONDITION: It is common in Southern California to find many properties are susceptible to settling, . slipping or other movement with resulting damage because the property may be built on filled or improperly compacted soil with improper drainage or underground water or located in an area of Geological Hazards such as landslides, fault movements, expansive soils or other conditions. Said earth . movement on subject property may effect future value in regard to new loans and /or future sales. Therefore, in purchasing this property, it is expressly agreed between Buyer(s) and Seller(s) and Broker /Agent that Buyer(s) are purchasing the real property in its 'as- is- condition and with all faults" as to soil and all soil related problems of any nature whatsoever whether caused from the soil in its natural state or modified by third person(s) or business entities. Realtors are not experts in the fields of soils, geology, construction, or engineering and have no knowledge of soil conditions or detects affecting this property or the buildings thereon. Buyer(s) has elected to have a Geological Inspection. Buyer(s) has elected NOT to have a Geological Inspection. Buyer Seller F. TOXIC AND HAZARDOUS MATERIALS: Various material utilized in the construction of any improvements to real property may contain materials that have been, or may in the future be determined to be toxic, hazardous or undesirable, and may need to be specifically treated, handled and/or removed from property. For example, some electrical transformers and other electrical components can contain PCB's, and asbestos has been used in a wide variety of building components, including but not limited to fireproofing, air duct insulation, acoustical tiles, spray -on acoustical materials, and linoleum . floor tiles, and. Current and future federal, state and local laws and regulations may require the clean -up of such toxic, hazardous or undesirable materials at the expense of those persons who in the past, present or future have had any interest in the property including, but not limited to, current, past and future owners and users of the property, Buyer(s) and Seller(s) acknowledge that the real estate agents and brokers in this transaction have no expertise with respect to toxic wastes, hazardous materials, radon gas, or other undesirable substances including but not limited to PCB's and asbestos, all hereinafter referred to as "Hazardous Materials." Inspections of the subject property by qualified experts are necessary in order to determine the presence of current or potentially hazardous materials within, under, or in the vicinity of the subject property,. Unless otherwise agreed in writing, Buyer(s) hereby accepts sole responsibility for conducting good faith, diligent investigation, and shall be solely responsible for the retention and payment of all costs of qualified experts to deal with the detection, removal and correction of all toxic and hazardous materials from the property. Buyer Seller G. REAL PROPERTY REPORT: If required by local ordinances, Seller(s), at Seller(s)' expense, will provide a Real Property Report to the Buyer(s) within _.days from acceptance of offer and Buyer(s) will approve of .same within days from receipt. Said report shall not be disapproved for any unreasonable cause. Buyer shall review City and County records on subject property on or before approval of Real Property Report. Buyer Seller H. NEW ROADS AND FREEWAYS: New roads, freeways, access roads to freeways and other road developments may affect the value or desirability of this property, including widening of existing streets. Buyer is responsible for investigating the impact of such development on the value of this property. Buyer Seller I. DEVELOPMENT AND CONSTRUCTION- Future development, construction, improvement and remodel projects may be on request or even approvedipermitted in the vicinity of the subject property which will have an impact on the subject property including but not limited to views, noise levels, dust pollution. traffic density, light patterns, airflow, privacy and the quality of life in general. Buyer Seller J. NOISE /NUISANCE: The subject property may be impacted by traffic, military and commercial flight noise and may be located directly beneath an existing flight corridor. Said flight corridors may be subject to change without advance notice. Buyer is aware that the flight pattern for the USMC Air Station, El Toro extends approximately one mile on either side of Crown Valley Parkway; military and commercial helicopters also fly over Orange County. Buyers are aware of the noise created by air traffic from John Wayne Airport. Buyer Seller K. PROXIMITY TO NUCLEAR POWER PLANT: San Juan Capistrano, Capistrano Beach, Dana Point, and San Clemente are located in the 'emergency zone" for the San Onotre Nuclear Power Plant, which is located on the coast approximately 10 miles south of Dana Point Harbor and 20 miles south of Laguna Beach. Buyer Seller L. NEW JAILS AND AIRPORTS: Buyer(s) and Seller(s) acknowledge they have been advised that Orange. County Board of Supervisors have voted to place a new jail and related facilities at Gypsum Canyon and Coal Canyon in East Orange County, just off the 91 Freeway. Other sites may also be chosen. Studies are in progress for new airports.. Buyer Seller Iv1aa.LV0UMe FfEGARDINU REAL ESTATE AGENCY Civil S �" IAS required by the Civil Cotlel. IL C NIA ASSOCIATION OF REALTORS® ICARISTANDAR M When you enter into a discussion with areal estate agent regarding areal estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with Seller acts as the agent for the Selleronty. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: (a) A Fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Seller. 7o the Buyer &the Seller: {a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of property that are not known to, or within the diligent attention and observation of, the. parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party which does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty, and loyalty in dealings with the Buyer. To the Buyer 8 Seller: [a) Diligent exercise of reasonable skill and care in performance of the agent's duties. [b) A duty of honest and fair dealing and good faith. (c) A duty to disclose afifacts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated reveal to either parry any confidential information obtained from the other parry which does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER b BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: [a) A fiduciary duty of utmost care, integrity, honesty and loyalty In the dealings with either Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above In their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective parry, disclose to the other parry that the Seller will accept a price less than the listing price or that the Buyer will pay s price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or a Buyer from the responsibility to protect their own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice 1s desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of article 2.5 [commencing with Section 2373) of Chapter 2 of Title 9 of Part 4 of Division 3 of the Civil Code set forth on the reverse hereof. Read if carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE. <' e AGENT Date �; 1 `% S TIME �' A MD CONFIRMATION REAL ESTATE AGENCY RELATIONSHIPS TIME AM /PM Date Subject Property Address �49/0__RI UY—=P, All A)13'W� , � (,4 The following agency relationship(s) is /are hereby confirmed for this transaction: LISTING AGENT: is the agent of (check one): ❑ the Seller exclusively: or ❑ both the Buyer and Seller IIWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONFIRMATION. Seller SELLING AGENT: — [if not the same as Listing Agent) is the agent of (check one): ❑ the Buyer exclusively; or ❑ the Seller exclusively, or ❑ both the Buyer and Seller Date Buyer Seller Date Buyer Date Listing Agent C_ , uvelw (11" g— � ►+ g IPIeaSe PnNI � Y IA55xrtiie L� nse BroNerSignatvrel Date Selling Agent Date- (Please Print) IASSebate LRenSeeOr, eroxen Sgndlwel A REAL ESTATE BROKER 15 QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY. This form is available for use by the entne real estate industry. The use of this form Is not imended to idenTRy the user as a REALTOR,'. REALTORd 15 a registered collective membership marl, which may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS and who subscribe to as code of Ethics, I OFFICE USE ONLY w Copyright& 19117, CALIFORNIA ASSOCIATION OF REALTORSe FORM AD -11 /AC -6 FReviewed y Broker or Designee 525 South Virgil Avenue, Los Angeles. California 90020 Icomanw! n" ate wroamun rscHaysz W. ,. . GEOLOGIOEISMIC AND FLOOD HAZARD ALOSURE CALIFORNIA ASSOCIATION OF REALTORS® STANDARD FORM The paragraph(s) below, when initialled by both Buyer and Seller, are hereby incorporated in and made apart of the ❑ Real Estate Purchase Contract and Receipt for Deposit, ❑ investment Purchase Contract and Receipt for Deposit, ❑ Commercial Real Estate Purchase Contract and Receipt for Deposit, ❑ Business Purchase Contract and Receeipt�f°r Deposit, ❑ Lots and Land Purchase gont- ractand Receipt for Deposit, El Mobile Home Purchase Contract and Receipt for Deposit, 1_rYOther GMI.�5 /V E AUTWL� U204n2A) AW O dated in wh and _ on property known as is referred to as Buyer is referred to as Seller. Buyer's Initial$ Sellers lnnlel$ 1. FLOOD HAZARD AREA DISCLOSURE: Buyer is informed that the Property is situated in a "Special Flood Hazard Area" designated by the Federal Emergency Management Agency (FEMA) in a "Flood Insurance Rate Map" (FIRM) or "Flood Hazard Boundary Map" (FH BM). The law provides that as a condition of obtaining financing on most structures located in a Special Flood Hazard Area, lender(s) may require flood insurance where the Property or its attachments are security for a loan. The extent of coverage and the cost may vary. For further information consult the lenders or insurance agents. No representation or recommendation is made by the Seller and the Broker(s) in this transaction as to the legal effect or economic consequences of the National Flood Insurance Program and related legislation. Buyerbinntal$ Seri Initials / 2. GEOLOGIC, SEISMIC HAZARD DISCLOSURE: (a) Buyer is informed that the Property is situated in the zone(s) /area(s) designated below: ❑ Special Studies Zone (SSZ) designated under Public Resources Code § §2621 -2625. ❑ Seismic Hazards Zone (SHZ) designated under Public Resources Code § §2690- 2699.6. ❑ Locally designated zone(s) /area(s) where disclosure is required by local ordinance: ❑ ❑ Local ordinance additionally requires disclosure of the following information: (b) The construction or development of any structure for human occupancy located within one of these zone(s) /area(s) maybe subject to the findings of a geologic report prepared by a geologist registered in the State of California unless such report is waived by the City or County under the terms of those statute(s) /ordinance(s). Disclosure of SSZs or SHZs are required only where the respective maps, or information contained in the maps, are "reasonably available." 3. This paragraph applies only if the above referenced contract DOES NOT CONTAIN a provision for Buyer's disapproval or approval of the applicable flood geologic or seismic hazards information: (a) Buyer is allowed = calendar days after receipt of the above disclosure(s) to make further inquiries at appropriate governmental agencies, lenders, insurance agents, or other appropriate entities concerning use of the Property under local building, zoning, fire, health and safety codes as may be applicable under the Special Studies Zone Act, Seismic Hazards Mapping Act, local geologic ordinances, or National Flood Insurance Program. Buyer shall provide written notice to Seller of any items disapproved within this time period. (b) If Buyer gives written noticeof disapprovalof items underthe above paragraph(s), Sellershall respond in writing within-3 calendar days after receipt of such notice. If Seller is unwilling or unable to correct items reasonably disapproved by Buyer, then Buyer may cancel this Agreement by giving written notice of cancellation to Seller within._ calendar days (after receipt of Seller's response, or after expiration of the time for Seller's response, whichever occurs first), in which case Buyer's deposit shall be returned to Buyer. BUYER'S FAILURE TO GIVE WRITTEN NOTICE OF DISAPPROVAL OF ITEMS OR CANCELLATION OF THIS AGREEMENT WITHIN THE SPECIFIED TIME PERIODS SHALL CONCLUSIVELY BE DEEMED BUYER'S ELECTION TO PROCEED WITH THE TRANSACTION WITHOUT CORRECTION OF ANY REMAINING DISAPPROVED ITEMS WHICH SELLER HAS NOT AGREED TO CORRECT. Buyer and Seller may agree in writing to extend these time periods. The undersigned acknowledge receipt of a copy. Date Date. Seller Buyer J jl Y Buyer Seller THIS STANDARD DOCUMENT HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® IN FORM ONLY. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OF ANY PROVISION OR THE ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This form isaveilable lorutsby the entire Mal estate Industry. The useofthis form is not intended to Identify the userae a REALTOR ®.REALTOR® ISareglsteredodlecllvemembershlp mark which maybe used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS* and who subscribe to its Code 01 Ethics. The copyright Is"0 the United States fly U.S. code) forbid tee uneufhonved OFFICE USE ONLY r/^/w'\\ reproduction of file Corm by any. means Including facsini m computedzw lormats. :� Reviewed by Broker or Designee ff� Copyright ©1a91,CALIFORNN ASSOCIATION OF REALTORSr' $ 25SWhVrgil Awinw , Los Angeles, carhomla90M FORM GFO -14 Date "Addendum to Exclusive Authorization and Right to Sell" Dated June 29th 1993 The seller herein referred to as City of Newport Beach has the following exclusions on the sale of the lot located at 4210 River Ave. They are; Robert Sullivan Michael Steiner In the event either of these buyers successfully closes escrow Cannery Village Realty, Inc. agrees to charge a 5% commission only on any proceeds over $315,000. Maximun commission to be $4,500. Q a ery Via eaity, Inc. is Seller Date CANNERY VILLAGE �,EALTY INC. 2025 W. BALBOA BLVD. NEWPORT BEACH, CALIFORNIA 92663 (714) 673 -3777 ( 73) CITY COUNCIL AGENDA ITEM NO. 37 BY THE CITY E66W CITY OF NEWPORT BE CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER DEC I Q IM DECEMBER 14, 1992 Ui14.ir 12,T 91 TO: MAYOR AND CITY COUNCIL FROM: DEPUTY CITY MANAGER SUBJECT: SALE OF PROPERTY ACTION: If desired, approve Resolution No. 92- Declaring Surplus Property at 4210 River Avenue, 6000 Coast Highway and 323 Marine Avenue. The attached resolution formalizes the City Council's intentions to sell the vacant lot on River Avenue, the West Newport library facility on Coast Highway and the old fire station on Balboa Island. State law requires that surplus property first be offered for sale to various housing agencies for the development of low and moderate income housing. If these agencies elect not to purchase the property, then the City can sell it by conventional means. While several methods are available, staff recommends the establishment of minimum prices as set forth in the resolution. Sealed competitive bids will be solicited followed by an auction where all of those who submitted bids will be allowed to rebid above the highest sealed bid in minimum increments of $5,000. This method will insure the City receiving the highest price while maintaining a high standard of openness. Minimum bids were established by appraisal. The West Newport library facility was valued as of September 1, 1992 at $340,000. Staff recommends a slightly lower minimum price of $320,000 to attract bidders. The River Avenue property was appraised as of January 1, 1989 at a value between $325,000 to $350,000. Considering the time lag, staff is recommending that the minimum bid be set at the higher value. The fire station site was valued as of May 1, 1989 at a value between $285,000 to $320,000. Again because of the time lag, staff is recommending that the minimum price be set at the higher value. In the opinion of staff, the three year old Page 2 appraisals are adequate considering the recession and the soft real estate market. Furthermore, the bidding will be conducted with the caveat that the City can reject all bids. The timing of these sales will accommodate the construction schedules for the new library and the new fire station. Kenneth J. Detino KJD:mb Attachment 0 0 RESOLUTION NO. 92- A RESOLUTION OF THE CITY NEWPORT BEACH DECLARING RIVER AVENUE, 6000 COAST AVENUE. COUNCIL OF THE CITY OF SURPLUS PROPERTY AT 4210 HIGHWAY AND 323 MARINE WHEREAS, the City of Newport Beach in its capacity as a Municipal Corporation has fee title to three parcels of land commonly referred to as 4210 River Avenue, 6000 Coast Highway and 323 Marine Avenue, more fully described on Exhibit A attached hereto and made a part hereof; and WHEREAS, no municipal purposes for this property can be identified; and WHEREAS, the electorate of the City of Newport Beach by popular referendum on November 3, 1992 approved the sale of the property known as 4210 River Avenue; and WHEREAS, appraisals of the Fair Market Value of these properties have been conducted by a Certified Property Appraiser, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Newport Beach that the city owned properties located at 4210 River Avenue, 6000 Coast Highway and 323 Marine.Avenue are declared surplus. BE IT FURTHER RESOLVED that the City Manager is directed to arrange for the sale of these properties to the highest bidders but in no case for prices less than the following: 4210 River Avenue $350,000 6000 Coast Highway $320,000 323 Marine Avenue $320,000 ADOPTED this ATTEST: CITY CLERK LAS TO FORM ITYATTORNEY 01 ky,1J[iyl 1992. I EYA tyyal�> m 133-YLS .0571 ,o er 07 O' M ON Zb m S /7S , LS�Z �� .LS'i2 •i /'lf I I I I. "OI p � }0 .ZS'BZ C O� Cal m C; o a oN S I .L5'BZ I .LG'FI OI t9'6� . BSB7 I .L597 d' �Ryl Q � el .L9'cZl ° I .85'82 •LS"B2 . <s'P� Q q � vra r F �� d _0 1 m 1A -77711 'o 'G,Y M .9597 .L9•B7 . ,[9'82 MO I ,I I. "OI mJ O^ }0 .ZS'BZ C O� C Iti`�I'� �OI CL OI `ml U 0 10 � .L5'BZ I .LG'FI OI .GP 6l .OE I �Ryl Q � el .L9'cZl .s71 .85'82 •LS"B2 . <s'P� Q q � vra r F �� d 'G,Y M .9597 .L9•B7 . ,[9'82 9L'S£I •Li1Zl I. "OI II m I I F s`�' I• C Iti`�I'� �OI i OI `ml U 0 10 � .L5'BZ I .LG'FI OI .GP 6l .OE I �Ryl Q � el .L9'cZl .s71 9 I O) 1.4 -/ / /V 3 .cc n I .LLb m d "�h+,fYlt I. "OI II m u'e CI N F s`�' I• C Iti`�I'� �OI i OI `ml U 0 10 I I I .GP 6l .OE I �Ryl Q � el .L9'cZl .s71 / Q / b v O y+1 14 co m> 0 m O 7 / °j+1 >U�' UO -.Amm m / N J m ' m 9 N 9 { F-3 b -7 \ 10 N U ?d O U m z 64y d 0 /77L /C ZL /66o V, cosz� .02 I - .o2 11 2 Q 4' O v Q Q J m �o m J m ' N O � m O Ig 0 0 I EXHIBIT A PAGE 1 n scare wf p T d fD toic��:Jo -�r ��r 1 75. Ot i � I- k ; MN" co a N (Dfl°,m n7 N d a . y CD O 1 MOTIE)o S E6`a,y�,:•�C �, 4 2 - 08@- i i k X k t t n T{ �Ioo O O�e0 m� It a, (D 0 0 ®o ®o Q o 0 0 0 .i•__,.. 0 0 ri iC CIO 0.1r) 0 0 0 ®o ®® v T It flV e Y t < Lta .�0 �• Vk co a N (Dfl°,m n7 N d a . y CD O 1 MK 1 2 wrr • i t t F` y w E MOTIE)o S E6`a,y�,:•�C �, 4 2 - 08@- i i ono `s — 00) 0 O° O® �Ioo O O�e0 m� It a, (D 0 0 ®o ®o Q o 0 0 0 0 0 0 ri iC CIO 0.1r) 0 0 0 ®o ®® v T It flV e Y t < Lta .�0 �• Vk 4 w " 9 'a i k �. Y C •� k. C�. 1 O s I ::�IB:� �! i© ^:� C� '= O :: i� •', t� � O. ® ®. G^ .® O ®Ea ®® OI0 O e © ® ® 6I O i I- -1 ti K,hq I.rIIn+ST Mw MK 1 2 wrr • i t t F` y w E MOTIE)o S E6`a,y�,:•�C �, 4 2 - 08@- i i ono `s — 00) 0 O° O® �Ioo O O�e0 m� a a, (D 0 0 ®o ®o Q o 0 0 0 0 0 0 ri !!l!Z� Yd C �� 0 � 0 0 0 ®o ®® v T It flV e Y t < Lta �• Vk 4 9 'a i k �. Y C •� k. C�. MK 1 2 wrr • i t t F` y w E MwT ! -1 k�� MOTIE)o S E6`a,y�,:•�C �, 4 2 - 08@- i i ono `s 0 00) 0 O° O® �Ioo O O�e0 m� a a, (D e i ri !!l!Z� Yd C �� 0 � 0 0 0 ®o MwT ! -1 k�� E©oo'oo�000bo S E6`a,y�,:•�C �, 4 2 • i i i ono `s ©nom` 0 00 O® �Ioo O O�e0 m� a a, (D e ri !!l!Z� Yd C �� 0 � 0 0 0 ®o ®® v T It flV e Y < Lta kf ©DO © ©© ® ©OOp 0 0 O ©r Mmt t L�j ` E©oo'oo�000bo S E6`a,y�,:•�C o t�ti ono ©nom` �Ioo . t m� � E ri !!l!Z� Yd C �� [It � c m is• ti v T UiT Lta �• Vk 4 9 'a V •.[w[ , •ee. oxr i i nr.v t I 00 1 S E6`a,y�,:•�C o t�ti ono ©nom` �Ioo . t m� � E ri !!l!Z� Yd C �� [It � c m is• ti v T t� Y o t�ti ono ©nom` �Ioo . t m� � E !!l!Z� Yd C �� [It � c m is• c ti v T t� EXHIBIT A PAGE 2 o . t m� � E !!l!Z� Yd C �� [It Z c m EXHIBIT A PAGE 2 k W h D 30' H b WX DRIVE Ar 0 n io 9 B 7 16 6 0 'J I in Property /` =60' f5 O~ I H O O 167 for • g a 5EE DETAQ "A " y BOULEVARD NOTE — ASSESSOR'S BLOCK Q PARCEL NUMBERS. r ASSESSOR'S MAP BOOK 45 PAGE EXHIBIT A Page 3 If i • r RESOLUTION NO. 92 -142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING SURPLUS PROPERTY AT 4210 RIVER AVENUE, 6000 COAST HIGHWAY AND 323 MARINE AVENUE. WHEREAS, the City of Newport Beach in its capacity as a Municipal Corporation has fee title to three parcels of land commonly referred to as 4210 River Avenue, 6000 Coast Highway and 323 Marine Avenue, more fully described on Exhibit A attached hereto and made a part hereof; and WHEREAS, no municipal purposes for this property can be identified; and WHEREAS, the electorate of the City of Newport Beach by popular referendum on November 3, 1992 approved the sale of the property known as 4210 River Avenue; and WHEREAS, appraisals of the Fair Market Value of these properties have been conducted by a Certified Property Appraiser, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Newport Beach that the city owned properties located at 4210 River Avenue, 6000 Coast Highway and 323 Marine Avenue are declared surplus. BE IT FURTHER RESOLVED that the City Manager is directed to arrange for the sale of these properties to the highest bidders but in no case for prices less than the following: 4210 River Avenue $350,000 6000 Coast Highway $320,000 323 Marine Avenue $320,000 ADOPTED this 14th date of ATTEST: December 1992. 1 CITY CLERK,`.' APPROVED AS TO FORM ITY ATTORNEY n * (73) the front lawn of your house," said Newport Mayor Phil Sansone. "I'd e, From Al $' a mce u _ ex on i , o raggedaot willg, ogiy fe& .of nue 4o a city: ✓ // y�lL' original trees afiiF U'left. After i se' V t in 1936 r / the narrow bayfront lot won a for tilipaid tax property reprieve from development in a was forgotten 9. When Li e November 1989 election about a �i4e'Alwards moved iii next door to �cP( /l! year later city officials in @ 'fhe' lot in 1964, it was an '�y ✓ � backhoe and "cleaned 4he abandoned eyesore. "It was full of �LI� G i fG�° %/ tF proPerty. tin.:.,caas, bottles, an old ' Some residents believe the city refrigerator..and just a bunch of c� �� , , ` ✓ `���d�L!�u cleared the p..,perty's: dense junk,' 'Alward said,'. After its lam' growth to- iia. t`i its value as a transformation Alward said ✓� ' / 9eiGi ��Hli' poieffi' so' :#hat it can be residents and their children sold ejopm'enf. The etty .regv%r4y used the lot as a ParksStion Commissmn ' ifeTtfiiorhood park ° ?� voted against making the area a City Manager Robert Wynn said -� L`r 4i '��f ��' `�' ✓ c city park in January 1990. he expects the proposed sale of They came in here about eight the property to come before voters months .ago and ,lest the again after city officials complete hying 14811 out otaatd their review of a new master plan old neighbor Jawkward 'die "has for city parks. "It may be in nurtured_ the j,bJ- square -foot lot months or years, but the city at 4210 River Ave for the last 26 should attempt to develop the years "They destayed it. They pnS or sell ' it," Wynn said. t / 3- ✓/''� made ica weed lot again." ° / t l City: park and tree maintenance City Councilwoman Jean Watt is ,/ / Superintendent Jack Brooks, said one of the few city - officials in there tis 'no regular mamtenattce of favor of preserving the site 'The the property. We put a trash -can others on the council in varying out there, he said.- ` dye b degrees had almost a _hostile i look at it 'as a vae@altiok" aealty attitude toward this. Their feeling Some -city. oftrer say the was, this man wanted .to keep it property never was a "People's for his own private use," Watt! - Park, just -4 private 'side yard" said. "I don't think that at all. We used Alward�nd'fi s wife. " It owe -him a debt of gratitude for no more a people's park than taking care of it all these years." Date �3 COPIES SENT T0: ❑ NOW C3 ;B4 88Ok 'fanning ft ce Ch1d Dir 'r ?, Jl l . r �3> CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department February 12, 1990 CITY COUNCIL AGENDA ITEM NO. F74"> TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director FEB 1 2199(1 SUBJECT: CITY PROPERTY - 4210 RIVER AVENUE Recommendation: i Retain the R -2 zoning and determine that the subject property is not needed as a part of the City park system. Background: In July of 1989 the subject City -owned R -2 residential lot of 30' x 100' was determined by the City Council as desirable to be placed on the market for sale purposes. In order for this to occur the matter required a ballot measure to be voted on by local residents. The electorate failed to authorize the property to be sold by the City. At their meeting of January 9, 1990, the Parks, Beaches and Recreation Commission reviewed the issue with the objective of determining the value of adding the subject parcel to our park system. By a 5 -2 vote, the Commission recommends to the City Council that the parcel not be identified as a park. As there is an existing park in the close proximity to the 4210 River Avenue property, the Commission could not identify compatible or desirable recreation uses for the property. Other possible non - recreational uses were felt to be beyond the scope of the responsibilities of the Parks, Beaches and Recreation Commission. Ronald A. Whitley -� C,- "I AGE& 161 NO ZY F ",ITY COUNCIL CITY 11 iEWFORT BEW,��r,, AUG 2 8 1989 Gc 4/1 V- /5 joey I Date GO?i ES SW TO: n . i Way L cilmen S Qer R�naj Cl i.mmmey 0 wog Dir. 0 C ,Iery Dir. L Cj rt;Lt & R Dir. O Plan!", Dir. ❑ Police Chief ❑ p.kV. Dir ❑ Other 0V CITY COUNCIL AGENDA Agenda Item No. J2 CITY OF NEWPORT BEACH 8Y '' .ITY COUNCIL OFFICE OF THE CITY MANAGER CITY elf :iLEWPORT BEAM July 24, 1989 JUL 2 4 1989 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: CONSOLIDATED ELECTION REGARDING SALE OF PROPERTY AT 4210 RIVER AVENUE Attached is information concerning the sale of City property at 4210 River Avenue. Also attached are the necessary resolutions consolidating said election with the November 7, 1989 State -wide School District election. The Registrar's office has indicated that within the City of Newport Beach there may be four propositions on the ballot. One is the 1 /2C sales tax for transportation purposes, the second is the school board election, the third is the sale of the 4210 River property, and the fourth is the authori- zation to extend the lease at the City /County Dock property. Assuming four propositions are on the ballot, the cost to the City of Newport Beach for the sale of the 4210 River property would be 35C per registered voter. There are 46,396 registered voters in the City, which would make the cost to the City $16,239. By way of contrast, the November 18'8 election cost the City approximately $17,000. Also included in this packet is the recommendation of the Parks, Beaches & Recreation Commission concerning subject parcel. -1 i ROBERT L. WYNN / RLW:kf Attachments . CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department July 24, 1989 CITY COUNCIL AGENDA ITEM NO. 3-- Z- TO: Mayor and City Council BY T.F.7 1';ITY COUNCIL FROM: Parks, Beaches and Recreation Director CITY Of iiEWPORT BEACH SUBJECT: CITY PROPERTY - 4210 RIVER AVENUE J U L 2 4 1989 Recommendation: Take appropriate measures to enable the sale of the City owned property at 4210 River Avenue and place the proceeds into a reserve fund to be used for acquisition of park property. Discussion: The Parks, Beaches and Recreation Commission at their meeting of July 5, 1989 extensively reviewed the subject parcel with regard to its value as a mini - park. By a 5 -1 vote it was determined that the property should be declared surplus and not be used as a park. Reasons for this decision were: 1. There is an existing park in the area that serves the community. 2. Due to a residential building being between Channel Place Park and the 4210 River parcel it could not be combined with the park. 3. The subject parcel is not identified in the Recreation and Open Space Element of the General Plan as an existing park or listed as a site for park development. 4. There is a need to establish a reserve fund for acquisition of property for park purposes. M RESOLUTION NO. 89 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH CALLING AND GIVING NOTICE of A SPECIAL ELECTION TO BE HELD IN THE CITY OF NEWPORT BEACH ON TUESDAY, NOVEMBER 7, 1989, FOR THE SUBMISSION TO THE QUALIFIED ELECTORS OF A MEASURE RELATING TO THE SALE OF BEACHFRONT PROPERTY AT 4210 RIVER AVENUE. WHEREAS, the City Council of the City of Newport Beach desires to submit to the qualified electors of said City, at a special election, a measure authorizing the City Council to sell a vacant waterfront parcel of real property located at 4210 River Avenue; and WHEREAS, Section 1402 of the City Charter requires voter approval of any proposal to sell waterfront property except in certain circumstances not applicable to this parcel;-and WHEREAS, the proposed sale is consistent with all of the ordinances, plans, policies and programs adopted by the City of Newport Beach; and NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, declare, determine and order as follows: 1. Pursuant to the Charter of the City of Newport Beach and the Constitution and Laws of the State of California, a special election is hereby called and ordered to be held in the City of Newport Beach, County of Orange, State of California on Tuesday, November 7, 1989 for the purpose of submitting the following question to the qualified electors of the City: 1 SHALL THE CITY COUNCIL OF THE CITY OF Yes [] NEWPORT BEACH BE AUTHORIZED TO SELL, No 0 AT FAIR MARKET VALUE, THE PARCEL OF REAL PROPERTY AT 4210 RIVER AVENUE, WITH THE PROCEEDS TO FUND A PUBLIC IMPROVEMENT PROJECT? 2. That the polls for said election shall be opened and closed to coincide with the polls for the statewide election to be held on the same day. 3. That an "X" placed in the voting square after the word "Yes" shall be counted in favor of the adoption of the proposition, and an "X" placed in the voting square after the word "No" shall be counted against the adoption of the proposition. 4. That the notice of the time and place of holding said election is hereby given and the City Clerk is hereby authorized, instructed and directed to give such further or additional notice of said election in the time, form and manner as is required by law, and that in all particulars not recited in this resolution, the election shall be conducted as provided by law. 5. That the City Clerk shall certify to the passage and adoption of this resolution, shall enter the same in the book of original resolutions of the City of Newport Beach, and shall note the passage and adoption thereof in the minutes of the meeting at which action was taken on this resolution. 6. That this resolution shall take effect immediately. ADOPTED this 24th day of July, 1989.. U % '' i ATTEST: RESOLUTION NO. 89 -91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR TO FILE A WRITTEN ARGUMENT IN SUPPORT OF A CITY MEASURE PERTAINING TO THE SALE OF WATERFRONT PROPERTY AT 4210 RIVER AVENUE. WHEREAS, the City Council of the City of Newport Beach, concurrently with the approval of this resolution, has called a special election to submit to the electorate a measure pertaining to the Council's authority to sell a waterfront parcel of real property located at 4210 River Avenue; and WHEREAS, the City Council of the City of Newport Beach is authorized to empower one or more of its members to file a written argument for or against any City measure; and WHEREAS, the City Council has determined that it is appropriate for the Mayor to file a written argument in support of the ballot measure pertaining to the sale of waterfront property at 4210 River Avenue. NOW, THEREFORE, the City Council of the City of Newport Beach does hereby resolve, declare, determine and order as follows: 1. The Mayor is hereby authorized to prepare, sign and file a written argument, including any rebuttal argument necessary, in favor of the adoption of the measure pertaining to the sale of waterfront property at 4210 River Avenue. 2. The City Clerk is hereby directed to notify the Mayor of the date and time on which the written argument must be filed with the City Clerk. 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. ADOPTED this 24th day of July, X1989. jo x. I W Mayor ATTES�; City Clerk I �Y f'- .ITV COUNCIL n CITY :)I ":Wp T 3tACl: JUL 10 1989 1 zcv�d eg3 ,2, �.'4U3'i6i ACEND��73� 14 f) F -4(b) RECEIVED r (�n Ol pat�I�� 5 s, 4(b) 0 % - J ifflw.4jr#2, Jill ,.UIN!- :b .]ybyv� e ilty, Manager v'crl Aesch 4 j Yq'14 ifb }���.1k y °^?y 7f5F+Y q N Q Q' z r d P-5 0 ^X W Q. `z T ` ^O i m cu cu c .4-J c V) (U O T z v mu LWy L aiL L O•^C" u GO s Ea •�mv �x u H'E v a5 UZ. 2 > u p aA CQ Cu'g9t m c`i> m7u u m v O y O �'•'� 7-70; T p u Q �C C tL O Cz ysoe Tv�oY,r v �9 aCs3 u Os.. 7.0 TL C�'v•3 L. 'u.a v >�r "� ou 90 �um o � s Guru 3C OZ u m e u C � u L N OD a L > L O H m u yo°,a vHy.a Azax;qQ 7 )66C,51-: 1 Pa:�F -4 ) 1 44 ' RECEIVED 9 JUN2 61989 \' City Manager ^, City of Newport Beach /. //) `4a'4)� 4a-� Zez-az La A'O ,,./ /-/// 'q //-"/ lial,2,6 4�-/ ME � I `-� -J I e a._-t CY ,F ITY COUNCIL CITY )f ZWPORT BEACI! • 1U N 2 6 1989 r i�3> one- Q GU-�I ii/lit C� e -cJ✓ ! yZ.P rie f¢zO �2v FA" 4tv-�--