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HomeMy WebLinkAboutORANGE COUNTY FLOOD CONTROL DISTRICTINSURANCE NOT REQUIRED Return FULLY EXECUTED A-2022-183 WORK MAY PROCEED copy to COTC M-30 CLERKp�e8t�cit,Jq E01-R1455, R1456, R1457 & R1458 j t km ante Anaiiiv¢ Channel DATE: OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY THIS OFFER AND AGREEMENT TO PURCHASE REAL PROPERTY ("Agreement") is made 2022 by and between the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, ("DISTRICT") and CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, ("BUYER"). o PwA(Ali N RECITALS 0 N _ — A. DISTRICT owns the real property identified on DISTRICT records as Parcel E01-111455, R1456, R1457 & R1458, (the "Property") described in and shown on the Easement Deed attached hereto as Attachment 1, and by this reference made a part hereof. 0 B. BUYER has offered to purchase the Property from DISTRICT for Two Hundred and Fifty -Five Thousand Dollars ($255,000) in order to facilitate BUYER's Fairview Bridge improvement project. C. DISTRICT is willing to sell the Property to BUYER subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained DISTRICT and BUYER agree as follows: 1. The terms described hereinabove in the Recitals are incorporated herein by this reference. 2. DISTRICT: A. Accepts BUYER'S offer to purchase the subject Property for Two Hundred and Fifty -Five Thousand Dollars ($255,000) which amount is hereinafter referred to as "Purchase Price." B. Shall execute and acknowledge an Easement Deed in the form of "Easement Deed" attached hereto as Attachment 1, conveying title to the Property to BUYER within ten (10) days after execution of this Agreement by DISTRICT and BUYER; C. Shall deliver the executed Easement Deed to BUYER upon payment of the Purchase Price to DISTRICT as specified in paragraph 3A below and completion of the terms and conditions of the OC Public Works, County Permit #FE21-0229 ("Permit"). D. Makes no warranties or representations whatsoever with regard to the quality of the title to the Property or the fitness of the Property for a particular purpose; and E. Shall provide no title insurance in this transaction. km-llydilt� A. Shall, inconsideration of the transfer of Property by DISTRICT to BUYER, deliver the Purchase Price to County Executive Office/Real Estate Services upon BUYER'S receipt of the Easement Deed executed by DISTRICT; I - 09127/22 Project Facility/Parcel No.: E01-R1455, R1456, R1457 & R1458 Project Name: Santa Ana River Channel B. Shall accept, and record the Easement Deed at the Office of the Orange County Recorder, and shall immediately thereafter provide County Executive Office/Real Estate Services with a conformed copy of the Easement Deed; and C. Shall accept title to the Property "as is" subject to all matters affecting the Property whether recorded or unrecorded known or unknown. 4. All documents, correspondence, and communications concerning this transaction shall be directed as follows: To DISTRICT: To BUYER: Orange County Flood Control District Clerk of City Council c/o County Executive Office/Real Estate Services City of Santa Ana 400 W, Civic Center Drive, 5th Floor 20 Civic Center Plaza (M-30) Santa Ana, CA 92701 Santa Ana, CA, 92702 Attn: Sergio Mora Attn: Jason Gabriel S. This Agreement maybe executed in counterparts, each of which when taken together shall constitute the one original. // // Signatures pages follow. -2- o9nv72 A-2022-183 Project Facility/Parcel No.: E01-R1455, R1456, R1457 & R1458 Project Name: Santa Ana River Channel BUYER hereby submits this offer with full knowledge of the terms and conditions contained herein. BUYER Approved as to Form: City of Santa Ana, n -1a- A charter city and municipal corporation duly organized under the Constitution and laws of the BY: John Funk State of California Chief Assistant City Attorney Date: October 5, 2022 By: �- 415�k Kristine Ridge City Manager ATTEST: DISTRICT has considered and accepts this offer. Cvr CLERKOFTHECOUNU CITY OF SANTA ANA Approved as to Form Office of the County Counsel Orange County, California By: Deputy Date: Signed and certified that a copy of this agreement has been delivered to the Chairman of the Board per G.C. Sec. 25103, Reso 79-1535 ATTEST: Robin Stieler, Clerk of the Board Orange County Flood Control District County of Orange, California -3- DISTRICT ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic Chairman of the Board of Supervisors County of Orange, California 09/27/22