HomeMy WebLinkAbout23 - 05BA-033 - Purchase & Sale Agreement for Sunset Ridge ParkCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 23
December 14, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen Badum
949 -644 -3311
sbadum @city.newport- beach.ca.us
SUBJECT: APPROVAL OF PURCHASE AND SALE AGREEMENT
CALTRANS PARCEL DD 40766 -01 -02 — SUNSET RIDGE PARK
RECOMMENDATIONS:
1. Approve the Purchase and Sale Agreement for parcel DD 40766- 01 -02.
2. Authorize the Mayor to execute the Purchase and Sale Agreement.
3. Approve a Budget Amendment in the amount of $49,100 from the
Unappropriated Park In Lieu Reserves, 010 -3767, to account number 7021 -
05100515.
DISCUSSION:
With the passage of Senate Bill 124 (Johnson, 2001), the City believed that the easterly
parcel ofCaltrans West k nown a s D D 40766-01-02 was e ligible f or t ransfer t o State
Parks and subsequent lease to the City of Newport Beach for the future Sunset Ridge
Park, However, the final language of the bill referenced only the larger westerly parcel
along with the overall acreage (both parcels) and was unclear as to the inclusion of the
easterly parcel. Caltrans has interpreted the bill's language as excluding the easterly
parcel and has offered the surplus property to the City for $49,100.
Staff recommends that the City purchase the property at this price as it will enable full
control of the land as an owner rather than as a lessee.
Environmental Review:
The sale of surplus government property is categorically exempt under Section 15312 of
CEQA.
Subject: Approval of Purchase and Sale Agreement — Caltrans Parcel DD 40766 -01 -02
December 14, 2004
Page: 2
Funding Availability:
Upon approval of the recommended Budget Amendment, sufficient funds will be
available in the following account for the project:
Account Description Account Number Amount
Sunset Ridge Park Land Acquisition 7021- C5100515 $49,100
Submitted by:
Stephen 9, 8,
Public Works
Attachments:
Director
Purchase and Sale Agreement
Directors Deed and Exhibit "A"
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD- 040766 -01 -02
In this Agreement dated November 15, 2004, by and between City of Newport Beach, hereinafter
known as "Buyer" and State of California, Department of Transportation, hereinafter known as
"Seller ", the parties agree as follows:
For the sum of, Forty Nine Thousand One Hundred Dollars, ($49,100.00), Buyer hereby agrees to
purchase and Seller hereby agrees to sell the vacant and unimproved real property located in the City of
Newport Beach, Orange County, California, and legally described on Director's Deed No. DD- 040766-
01-02, hereinafter referred to as the "Property.
Subject to the following conditions:
I
Tendered with this agreement is the purchase price of Forty Nine Thousand One Hundred Dollars
($49,100.00). The payment shall be made to the State of California, Department of Transportation, and
delivered to the State of California, Department of Transportation, Southern Right of Way Region,
Excess Land Sales, 21073 Pathfinder Road, Suite 100, Diamond Bar, CA 91765.
II
All sales made subject to the approval of the California Transportation Commission, (CTC). In the
event that the California Transportation Commission fails to approve this sale, all monies heretofore
paid by the Buyer will be refunded without interest.
III
The Seller is willing to process this sale at no charge to the Buyer, except for the items set forth in
paragraph IV below. Buyer, at its option, may open an escrow at its own expense. The Seller will pay
no escrow fees.
IV
The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees
chargeable by the County Recorder. At a later, date, the Seller will request that these fees are forwarded,
and Buyer shall submit to the Seller upon demand.
V
The Buyer expressly understands that the right, title and interest in the property to be conveyed shall not
exceed that vested in the State of California and that the Seller will furnish no policy of title insurance.
If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense.
VI
The property is being sold "as is" and is being conveyed subject to any special assessments, restrictions,
reservations or easements of record and subject to any reservations contained in the Director's Deed.
Buyer may examine any information the Seller has relative to these matters.
VII
In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to
secure the performance hereof, each party shall bear its own attorney's fees. The Buyer agrees that the
title of the property being conveyed shall not pass until the Director's Deed has been recorded. The
Buyer shall not take possession of the property until the Director's Deed is recorded.
Page I of 2
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
PURCHASE AND SALE AGREEMENT - REAL PROPERTY - DD- 040766 -01 -02
VIII
Buyer shall defend, indemnify, and hold seller and seller's elected and appointed officers, agents and
employees free and harmless from and against, any and all liabilities, damages, claims, costs and
expenses, (including without limitation, attorney's fees, legal expenses, consultant's fees and
investigation and remediation costs) arising in whole or in part from the existence of hazardous
substance, or hazardous substance conditions. This indemnity is intended to address that liability for
which seller may be responsible arising solely out of its mere ownership of said real property. This
provision shall survive transfer of title of the said real property and any rescission of the said transfer.
"Hazardous Substance" shall mean any substance whose nature and / or quantity of existence, use,
manufacture, disposal of effect, render it subject to federal, state or local regulation, investigation,
remediation or removal as potentially injurious to public health or welfare, including the comprehensive
Environmental Response Compensation and Liability Act or Resource Conservation and Recovery Acts
as now in effect.
Hazardous Substance Condition shall mean the existence on or under, said property of a hazardous
substance that requires remediation and / or removal and / or to be otherwise mitigated pursuant to
applicable law.
The terms and conditions of the above agreement are hereby accepted, subject to the approval of the
California Transportation Commission.
BUYER: CITY OF NEWPORT BEACH
City of Newport Beach Date
SELLER: STATE OF CALIFORNIA DEPARTMENT OF TRANSPORATION
C. Paul LaMond, Chief
Excess Land
Southern R/W Region
Page 2 of 2
Date
RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
State of California
DEPARTMENT OF TRANSPORTATION
Caltrans — District 12
Office of Right of Way
3337 Michelson Drive, Suite CN380
Irvine, CA 92612 -1699
Attn: R/W Excess Lands
RWPE: C. Smythe (01104101)
Written: CS Check: DF
DIRECTOR'S DEED
District
County
Route
Post
Number
12
Orange
1
19.7
DD 040766 -01 -02
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to the
City of Newport Beach
all that real property in the City of Newport Beach County of Orange , State of California, described as:
Parcel No. DD 040766 -01 -02
That portion of Lot 1 of Tract No. 2250 the City of Newport Beach, County of Orange, State of
California as shown per a map filed in Book 104, Pages 6 and 7 of Miscellaneous Maps in the office of
the County Recorder of said county; that portion of Melrose Mesa (Tract No. 15) as shown on a map
filed in Book 9, Page 19 of said Miscellaneous Maps; that portion of Lot D of the Banning Tract, as
shown on a map of said tract filed in the case of Hancock Banning, et al. vs. Mary H. Banning for
partition, and being Case No. 6385 upon the Register of Actions of Superior Court of Los Angeles
County, California, bounded as follows:
Bounded northerly by the center line of "new" Superior Avenue as described in a Director's Easement
Deed (State Parcel No. DE 040766 -1) from the State of California to the City of Newport Beach, a
municipal corporation and charter city, recorded May 6, 1993 as Instrument No. 93- 0304175 of
Official Records in the office of the County Recorder of Orange County, California;
MAIL TAX
STATEMENTS TO:
Page 1 of 4
Form RW 6 -1(S) (Revised 4/96)
Bounded northeasterly by the northeasterly line of the lands described as Parcel 1 of State Parcel No.
40767 in a Grant Deed recorded February 14, 1966 in Book 7839, Page 739 of said Official Records;
Bounded southeasterly by the northwesterly line of Irvine's Subdivision as shown on a map recorded
in Book 1, Page 88 of Miscellaneous Record Maps in said office;
and bounded southwesterly by the center line of the "new" public access road as described in a
Director's Deed (State Parcel No. DD 040767- 03 -01) from the State of California to the City of
Newport Beach, a municipal corporation, recorded May 6, 1993 as Instrument No. 93- 0304178 of said
Official Records.
EXCEPTING THEREFROM those rights and interests previously excepted from that parcel of land
described in the deed from A.E.S. Chaffey, et al., to the State of California (State Parcel No. 40766),
recorded January 7, 1966 in Book 7801, Page 108 of said Official Records.
ALSO EXCEPTING THEREFROM those rights and interests previously excepted from those parcels
of land described in the deed from BEECO, LTD., to the State of California (State Parcel No. 40767),
recorded February 14, 1966 in Book 7839, Page 739 of said Official Records.
Attached hereto and made a part hereof is a map entitled "Exhibit 'Al". This map is for informational
purposes only and is subordinate in all respects to the above legal description.
This real property description has been prepared by me, or under my direction, in conformance with
the Professional Land Surveyor's Act.
Colin W. Smythe, P.L.$: No. 6401 (Exp. 12/31/02)
'S�(1 �• . C4Ua
Date: � Nr� - 4-
Form RW 6-1 (S) (Revised 4196)
Page 2 of 4
PAGE 3 of 4
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EXHIBIT 9999
This map is for informational purposes only and is subordinate
in all respects to the attached description.
DD 040766 -01 -02
PAGE 3 of 4
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
WITNESS my hand and the seal of the Department of Transportation of the State of California, this
_day of 20_
APPROVED AS TO FORM AND PROCEDURE
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
le
Director of Transportation
ATTORNEY
DEPARTMENT OF TRANSPORTATION By
Attorney in Fact
STATE OF CALIFORNIA SS ACKNOWLEDGMENT
County of Sacramento J}
On this the _ day of 20 , before me,
Name, Title of Officer -E.G., "Jane Doe, Notary Public"
personally appeared
Name of Signer
❑ personally known to me
rJ proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in
his /her authorized capacity, and that by his /her signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
(Notary Public's signature in and for said county and State)
Page 4 of 4
(This space reserved for CTC Certification)
City of Newport Beach NO. BA- 033
BUDGET AMENDMENT
2004 -05 AMOUNT: $as,loo.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations ANQ X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for the purchase of a CalTrans parcel for Sunset Ridge Park. Funds
cominq from Park In Lieu Reserves.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
010 3676
REVENUE ESTIMATES (3601)
Fund /Division Account
EXPENDITURE APPROPRIATIONS (3603)
Amount
Description Debit Credit
General Fund - Park In Lieu Reserves $49,100.00 '
Description
Signed:
Approval: Adm
Signed: 177-444'AV,
Administrative All
Services Director
City Manager
Automatic
$49,100.00
Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
7021 Capital - Park In Lieu
Account
Number
C5100515 Sunset Ridge Park
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Approval: Adm
Signed: 177-444'AV,
Administrative All
Services Director
City Manager
Automatic
$49,100.00
Date
Signed:
City Council Approval: City Clerk Date