HomeMy WebLinkAboutResolution No. 86270 0 0 0
RESOLUTION NO. 8627
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AN AGREEMENT WITH THE CITY OF PASADENA FOR
THE PURCHASE OF THE AZUSA POWER PLANT PROPERTY OWNED BY
THE CITY OF PASADENA IN SAN GABIREL CANYON
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Coucil of the City of Azusa does hereby
determine and declare as follows:
A. The City of Pasadena has declared certain real property
known as Parcel 10, Azusa Power Plant Property in San
Gabriel Canyon as surplus, and has offered to sell said
property to the City of Azusa.
B. The City of Azusa desires to acquire said real property
and finds that the purchase price for the real property
and the terms of the purchase contained in the purchase
agreement are fair and reasonable.
SECTION 2. The City Council of the City of Azusa hereby
approves that certain contract between the City of Pasadena and the
City of Azusa for the sale of the Azusa Power Plant Property and hereby
authorizes the Mayor to execute said agreement on behalf of the City in
substantially the form attached hereto as Exhibit "A". The Council
further authorizes the Mayor to execute the acceptance of the Grant
Deed and such other documents as are required to convey the property.
The City Administrator is authorized to execute the escrow instructions
and such other related documents as are necessary for escrow.
SECTION 3. The project meets the requirements of a
categorical exemption from the California Environmental Quality Act,
Class 16 "Transfer of Ownership of Land in Order to Create Parks", and
therefore no environmental documents are required.
SECTION 4. The City Clerk shall certify the adoption of
this Resolution.
PASSED, APPROVED AND ADOPTED this
of Rtav , 1989.
15th day
//.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of Azusa at a regular meeting
thereof, held on the 15th day of May 1989, by the
following vote of the Council:
AYES: COUNCILMEMBERS AVILA, STEMRICH, NARANJO
NOES: COUNCILMEMBERS NONE
ABSENT: COUNCILMEMBERS NONE
ABSTAIN COUNCILM gBERS LATTA, MOSES
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CITY �CLERI
CONTRACT NO.
THIS CONTRACT, by and between the CITY OF PASADENA, a municipal
corporation, herein referred to as "City", and THE CITY OF AZUSA, a municipal
corporation, herein referred to as Buyer",
and
W I T N E S S E T H:
WHEREAS, City owns certain real property known as
Parcel 10
Azusa Power Plant Property
San Gabriel Canyon, Los Angeles County
WHEREAS, the parties have agreed to enter into a contract for the sale
and purchase of.said City suruplus property, hereinafter described;
NOW THEREFORE, in consideration of their mutual convenants, the parties
agree as follows:
1. AGREEMENT TO SELL AND PURCHASE. City agrees to sell to Buyer and Buyer
agrees to purchase from City upon the terms and for the consideration set
forth in this contract, all that certain unimproved real property
situated in the County of Los Angeles, State of California, described in
Exhibit "A" attached hereto and made a part hereof.
2. PURCHASE PRICE. The total purchase price shall be the sum of $66,250,
payable in cash.
3. FORM OF DEED. The City shall convey title to the described property by
grant deed, subject to convenants, conditions, reservations and easements
of record.
4. CONDITION OF TITLE. The real property is to be conveyed in an "as is"
condition. City does not make any warrants or representations concerning
the physical condition of the property or its suitability for any use.
Buyer hereby agrees to take title to the described property subject to
all public utility easements and public rights-of-way, and subject to the
conditions contained in Exhibit "B", attached hereto and incorporated
herein.
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5. TITLE INSURANCE POLICY. If Buyer requests, City shall obtain at Buyer's
expense a Standard Coverage Policy of Title Insurance in the amount of
the purchase price showing title to said real property vested in Buyer
free and clear of all encumbrances except convenants, conditions,
reservations and easements of record, if any.
6. CONVEYANCE OF TITLE. The City shall convey and Buyer shall accept the
real property on or before 90 days following execution of this contract
by City and Buyer, unless mutually extended by both City and Buyer.
7. FEES, CHARGES AND COSTS. Buyer agrees to pay recording fees and any
state documentary stamps or transfer tax, if any.
8. PAYMENT OF THE PURCHASE PRICE FEES CHARGES AND COSTS AND RECORDATION
OF THE DEED. Buyer shall deposit with the City the purchase price,
$66,250 and the estimated amount of all other fees, charges and costs,
as provided herein on or before
9. PERMISSION TO ENTER ON THE PROPERTY. City hereby grants Buyer or its
authorized agent permission to enter upon the real property at all
reasonable times prior to conveyance of the land for the purpose of
10.
making necessary inspections.
A. If City does not tender conveyance of the real property and
possession thereof as provided in this contract or within 30 days
after Buyer makes written demand, then this contract shall, at the
option of Buyer, be terminated by written notice thereof to City and
all moneys deposited shall be refunded promptly and neither City nor
Buyer shall have any further rights against or liability to the
other under this contract.
B. If prior to conveyance of the real property to Buyer and in
violation of this contract, Buyer does not pay the purchase price,
fees, costs, and charges and take title to the real property under
tender of conveyance by the City pursuant to the contract, then this
contract shall be terminated at City's option.
11. This contract shall be binding upon the successors and assigns of the
parties hereto.
12. This contract contains the entire agreement between the parties and
neither party relies upon any warranty or representation not contained in
this contract.
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13. MAILING ADDRESS OF CITY
14. MAILING ADDRESS OF BUYER
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City of Pasadena
100 North Garfield Avenue
Pasadena, California 91109
Attention: Kathi Head, Room 222
City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attention: Joe Guerrera
IN WITNESS WHEREOF, the parties have executed this Contract and the date
of this Contract shall be the date when the Contract shall have been signed by
City.
CITY OF PASADENA
Date: By:
DONALD F. McINTYRE
APPROVED AS TO FORM: City Manager
Date:
ANN HIGGINBOTHAM
Deputy City Attorney
ATTEST:
City CjerV `
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CITY OF AZUSA
By:
Title: t-lAYGR
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PARCEL 10.
West, S.B.B.
California.
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EXMIT "A"
LEGAL DESCRIPTION
Lot 4 in Section 22, Township 1 North, Range 10
and M., in the County of Los Angeles, State of
SUBJECT to all rights arising out of those certain deeds to
the County of Los Angeles for road purposes, recorded in Book
1359, Page 265, in Book 6747, Page 1, and in Book 559, Page 112
of Deeds.
EXCEPTING from the above described Parcels 3 to 8,
inclusive, such water in and under said parcels as may have been
conveyed, to W. R. Powell, et. al., Trustees, by the above deed,
recorded in Book 1336, Page 295 of Deeds.
ALSO EXCEPTING from the above described Parcels 9 and 10
such water in and under said parcels as may have been conveyed to
Vineland Irrigation District, a corporation, by deed recorded
in Book 585, Page 147 of Deeds.
ALSO EXCEPTING from all of the above described parcels any
portion thereof which lay within any public road or highway on
the 26th day of May, 1917.
(MC/B31:KH4)
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OF SALS
Sale is conditioned upon reserving and maintaining the following
easements, which must be secured from public trespass by fencing
or covering such easements to prohibit access:
1. East Side Canal between "Return River Ditch" and west end of
Diversion Tunnel; owned by committee of Nine and maintained
by same.
2. Duarte Ditch; owned by committee of Nine and maintained by
same. (County Recorder's reference - Deed dated March 23,
1987, and recorded in Book 445, Page 252 of Deeds).
3. 22" Line - Diversion Tunnel to Tailrace; owned by Committee
of Nine and maintained 503 by City of Pasadena and 503 by
Committee of Nine.
4. Return to River Ditch; owned by City of Pasadena and
maintained as follows: East Side Canal to Spreading Ditch,
503 by Committee of Nine, 503 by City, and Spreading Ditch
to west line of Lot 4-1003 by City.
5. Spreading Ditch and Ditches; owned by Committee of Nine and
maintained by same.
6. Diversion Tunnel; owned by Committee of Nine and maintained
by same.
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