HomeMy WebLinkAbout25E - AGMT - QUITCLAIM AND SALE OF SURPLUS PROPERTY
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
APRIL 2, 2012
TITLE: APPROVED
? As Recommended
QUITCLAIM AND SALE OF SURPLUS ? As Amended
PROPERTY TO RANCHO SANTIAGO ? Ordinance on Reading
El Ordinance on 2 Il "d Reading
COMMUNITY COLLEGE DISTRICT ? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
1) Authorize the City Manager and Clerk of the Council to execute a quitclaim deed relinquishing
the City's fee interest in a portion of former College Avenue to Rancho Santiago Community
College District.
2) Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to
execute an agreement for the sale of City surplus property located at the northeast corner of
College Avenue and Washington Avenue to Rancho Santiago Community College District for
$1.00.
DISCUSSION
On November 20, 2006, the City Council adopted resolution number 2006-081, approving the City
to vacate portions of College Avenue, 15th Street, and Martha Lane (Exhibit 1). The streets were
vacated to allow for the use by the Rancho Santiago Community College District (District) on its
master plan campus expansion.
During the vacation processing, the District provided the City with a title report that identified the
District as the owner of the fee title of the streets, subject to street easements by the City.
Consequently, no transfer of the underlying fee title was deemed necessary at the time of the
street vacation. However, a more recent title report provided by the District for the processing of
the Santa Ana College lot merger identifies the City as the fee owner of a 140 square foot portion
of College Avenue just north of Washington Avenue (Exhibit 2). Staff has independently
researched recorded deeds and concurs with the ownership determination in the recent title report.
The District is requesting the City to quitclaim the spandrel-shaped property, which will be
incorporated into the Santa Ana College boundary.
Section 2-709 of the Municipal Code provides for a direct sale without the necessity for competitive
bidding with a two-thirds vote of approval by the City Council. Based on staff's evaluation, which
considered the property's small size, irregular shape, and limited utility, the land has a nominal
value. Staff recommends the sale of the property of the property for $1.00 to the District.
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Quitclaim and Sale of Surplus
Property
April 2, 2012
Page 2
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed request is not
considered to be a project. No further action is required.
FISCAL IMPACT
The $1.00 land sale proceeds will be received into the General Fund for Sale of Land Account
(accounting unit 01102002-57071).
APPROVED AS TO FUNDS AND ACCOUNTS:
i
Raul Godinez II Francisco Gutierrez
Executive Directo Executive Director G" D
Public Works Agency Finance & Management Services Agency
RG:TH
Exhibits: 1. Location Map
2. Location Map
3. Agreement
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SANTA ANA Title:
CITY COUNCIL QUITCLAIM A PORTION OF COLLEGE AVENUE
W N AGENDA DATE TO RANCHO SANTIAGO COMMUNITY COLLEGE
APRIL 2, 2012 ^
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AREA BEING QUITCLAIMED
EXHIBIT 2
SANTA ANA Title:
CITY COUNCIL _
P~ APRIL DATE: QUITCLAIM A PORTION OF COLLEGE AVENUE TO
PUBLIC WOWS AGENCY , 012 RANCHO SANTIAGO COMMUNITY COLLEGE DISRICT
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EXHIBIT 3
PURCHASE AND SALE AGREEMENT
Property Address: Corner of Washington Avenue and College
Avenue, Santa Ana, California
THIS PURCHASE AND SALE AGREEMENT (the "Agreement") dated, for
identification purposes only, as of , 2012, is made and entered into by and
between the CITY OF SANTA ANA, a charter city and municipal corporation
("Seller"), and RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT, a
political subdivision of the State of California ("Buyer"), with reference to the following.
In consideration of the mutual covenants set forth herein, Buyer and Seller agree as
follows:
RECITALS
A. Seller owns that certain lot of land consisting of approximately 140 square
feet at the corner of Washington Avenue and College Avenue, Santa Ana, California and
more specifically described in Exhibit "A" and shown in Exhibit "B" attached hereto (the
"Property");
B. The Property, as shown in Exhibit "B" is adjacent to the former College
Avenue, which the City Council of the City of Santa Ana has vacated and title to which
has reverted to Buyer.
C. However, title to the Property is in the name of Seller.
D. To clear title, Buyer and Seller have agreed to this Purchase and Sale
Agreement so that Seller may quit claim any title it may have in the Property to Buyer.
1. Agreement to Sell and to Purchase. Subject to the terms and conditions
of this Agreement, Seller agrees to sell and Buyer agrees to purchase the Property.
2. Purchase Price. The "Purchase Price" for the Property is One Dollar
($1.00) receipt of which by Seller is hereby acknowledged.
3. Quit Claim Deed. The transfer of the Property shall be by quit claim
deed conveyance from Seller to Buyer showing title vested in Buyer.
4. Transfer Costs. Buyer shall pay all recording fees and all fees and costs
for any new financing. Buyer shall pay the premium for the title insurance policy, should
it seek title insurance.
5. Condition of Property. Buyer acknowledges that Buyer is purchasing
the Property with full knowledge of its condition and that no representations or
warranties of any kind whatsoever, express or implied, have been made by Seller or by
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Seller's agents. Buyer further agrees to purchase the Property in "AS IS" condition with
all faults.
6. As-Is Sale.
BUYER ACKNOWLEDGES AND AGREES THAT EXCEPT FOR
THE EXPRESS REPRESENTATIONS, WARRANTIES AND
COVENANTS OF SELLER SET FORTH IN THIS AGREEMENT,
SELLER HAS NOT MADE, DOES NOT MAKE, AND
SPECIFICALLY DISCLAIMS ANY AND ALL
REPRESENTATIONS, WARRANTIES, PROMISES,
COVENANTS, AGREEMENTS, OR GUARANTIES OF ANY
KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS
OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR
FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO
THE PROPERTY, INCLUDING, BUT NOT LIMITED TO:
(A) THE NATURE, QUALITY, OR CONDITION OF THE
PROPERTY; (B) THE INCOME TO BE DERIVED FROM THE
PROPERTY; (C) THE SUITABILITY OF THE PROPERTY FOR
ANY AND ALL ACTIVITIES AND USES WHICH BUYER MAY
CONDUCT THEREON; (D) THE COMPLIANCE OF OR BY THE
PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES,
ORDINANCES OR REGULATIONS OF ANY APPLICABLE
GOVERNMENTAL AUTHORITY OR BODY, INCLUDING, BUT
NOT LIMITED TO, ANY STATE OR FEDERAL
ENVIRONMENTAL LAW, RULE OR REGULATION; (E) THE
HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE
PROPERTY FOR A PARTICULAR PURPOSE; OR (F) ANY
OTHER MATTER WITH RESPECT TO THE PROPERTY.
NOTWITHSTANDING ANYTHING HEREIN TO THE
CONTRARY, SELLER IS CONVEYING THE PROPERTY TO
BUYER "AS IS, WHERE IS", AND WITH ALL FAULTS AND
SPECIFICALLY AND EXPRESSLY WITHOUT ANY
WARRANTIES, REPRESENTATIONS, OR GUARANTEES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND, NATURE, OR
TYPE WHATSOEVER FROM OR ON BEHALF OF THE
SELLER, EXCEPT FOR THE REPRESENTATIONS,
WARRANTIES AND COVENANTS OF SELLER SET FORTH IN
THIS AGREEMENT.
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7. Brokers. Buyer represents and warrants to Seller and Seller represents
and warrants to Buyer that it has not engaged or employed a broker to whom a
commission or finder's fee is payable in connection with this transaction. Buyer and
Seller each ("Indemnitor") agree to indemnify and hold the other harmless from and
against all liability, claims, demands, damages, or costs of any kind arising from or
connected with any broker's or finder's fees or commission or charge claimed to be due
any person arising from Indemnitor's conduct with respect to this transaction.
8. Assignment. Buyer and Seller agree that this Agreement shall be binding
upon their respective heirs, executors, administrators, successors or assigns but is
assignable by Buyer only by written consent of the City Manager, which consent the City
Manager may withhold in his sole and absolute discretion.
9. Notices. All notices, demands and requests which may be given by either
party to the other shall be in writing and shall be deemed to be given upon personal
delivery or forty-eight (48) hours after deposit in the United States mail, certified, return
receipt requested, postage prepaid, addressed to the party to be notified at their respective
headquarters. Either party may designate by written notice to the other party in the
manner set forth in this Agreement another address for notice.
10. Miscellaneous Provisions.
10.1 Waiver. The waiver of any provision of this Agreement shall be
invalid unless evidenced by a writing signed by the party to be charged therewith. The
waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of
any further breach of such provision or of any other provision hereof. The waiver by
either or both parties of the time for performing an act shall not be a waiver of the time
for performing any other act or acts required hereunder.
10.2 Modifications. No change or addition to this Agreement or any
part hereof shall be valid unless in writing and signed by each of the parties.
10.3 Governing Law. This Agreement shall be governed by California
law.
10.4 Headings. The headings in this Agreement are for convenience
only and shall not be used to interpret this Agreement.
10.5 Further Acts. Each party agrees to take such further action and to
execute and deliver such further documents as may be necessary to carry out the purposes
of this Agreement.
10.6 No Attorneys' Fees. If either party incurs attorneys' fees to
enforce this Agreement or because of a breach of this Agreement by the other party, the
prevailing party shall not be entitled to recover attorneys' fees from the other party.
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10.7 Time. Time is of the essence with respect to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of the date first above written.
"Buyer"
"Seller"
ATTEST: CITY OF SANTA ANA, a charter city and
municipal corporation
MARIA D. HUIZAR By:
Clerk of the Council
Its:
APPROVED AS TO FORM:
JOSEPH STRAKA
Interim City Attorney
By:
Laura Sheedy
Assistant City Attorney
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EXHIBIT "A"
STREET VACATION QUITCLAIM
THAT PORTION OF LOT 5 IN BLOCK B OF TRACT NO. 451, IN THE CITY OF
SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN
BOOK 16, PAGE 41 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 5 AS DESCRIBED IN THE GRANT DEED TO SAID CITY OF SANTA ANA,
RECORDED APRIL 27, 1979 IN BOOK 13123, PAGE 1068, OF OFFICIAL RECORDS,
IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO BEING A PORTION OF PARCEL 1 DESCRIBED IN RESOLUTION 2006-0081 OF
THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING PORTIONS OF COLLEGE
AVENUE RECORDED MAY 8, 2008 AS INSTRUMENT NO. 2008000219381 OF
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
CONTAINING 138 SQUARE FEET, MORE OR LESS.
ALSO AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND HEREBY MADE A PART
HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS,
EASEMENTS AND RIGHTS-OF-WAY OF RECORD, IF ANY.
p1AL PREPARED BY: STANTEC CONSULTING INC.
0. s 4sG9 UNDER THE DIRECTION OF
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p~CAIti~REVISED MARCH 29, 2011
SEPTEMBER 10, 2010
J.N. 2042 415330
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EXHIBIT P*B#t 5MEET I OF 1
PORTION OF LOT 5 OF TR. NO. 44551. M.M. 1G / 41,
IN THE CITY OF SANTA ANA. COUNTY OF ORANGE, STATE OF CALIFORNIA
STREET VACATION QUTCLAM
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