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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. 25E-1 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 25E-2 p~ 17TH STREET N.T.S. 16TH STREET - 'I~~ W I; ~ I SANTA ANA Q w COLLEGE z w 15TH STREET w w F- _ Q w w a J R s` U co ---L- Ili V MARTHALANE R SEE EXHIBIT 2 WASHINGTON AVENUE LEGEND: VACATED STREET AREA EXHIBIT 1 r. SANTA ANA Title: CITY COUNCIL QUITCLAIM A PORTION OF COLLEGE AVENUE W N AGENDA DATE TO RANCHO SANTIAGO COMMUNITY COLLEGE APRIL 2, 2012 ^ PUBLIC u0RK5 aGENtr _~ISTRICT I 25E-4 0 M II W 30' 3 I I I J I It AND BACK OF SIDEWALK ~ -25.34ft-~ I I I 0 0 M I v I - _ _--q _ . _ _ _ _ _ .I _ . _ _ _ _ - _ _ _ _ _ WASHINGTON AVENUE LEGEND: VACATED STREET AREA 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 25E-6 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 -1- 25E-7 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. -2- 25E-8 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. 3- 25E-9 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 -4- 25E-10 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 IL N06 ftft < * bfP.1Z/31/t f * JAMES 0. STEINES, P.L.S.6086 p~CAIti~REVISED MARCH 29, 2011 SEPTEMBER 10, 2010 J.N. 2042 415330 V:\PROJECTS\14153.00\surmap\DOC\LEGALS\STREET QUITCLAIM.dor 1 OF 1 25E-11 25E-12 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 N413110, I SCALE: 1" 30' TR• NO. 451 z Q ~ kO TWO 3 4 ~ W ~o0 5 L v U C) ° M. 41 OC N M a \ ~za a V v PARCEL 5 G 0, O.R. 13123 / IOG8 N 2'5.34' O G/L WASHINGTON AV N ENUE N LEGEND ~G QUITCLAIM AREA SOL Ifto1 7 * - ~~CALIFOP~\P L - a-ilk STANTtC CON3IJLTNrO INC. 19 TECHNOLOGY DRNE JAME5 O. STEINE5, P.L.5. G08G IRVINE CA 92618 ~ftc 949.923.6000 .IwMrccm V. projects if 15J-00\SU DWG\SYI/E0019. 312912011 J.N. 2042 415330 DATE: 3/29/11 25E-14