HomeMy WebLinkAboutA4120 - JOHN & RUBY MCMURTRY ACQ REAL PROPERTY PURCHASE R 19604 • John H. & Ruby M. McMurtry
Acquisition of Real Property
P.S. Reg. Airport Expansion
AGREEMENT #4120
PALM SPRINGS REGIONAL AIRPORT EXPANSION PROJECT _R19604, 7_7_99 _.
Riverside County Assessor's Parcel Number 501-355-005 ' q6 1
ACQUISITION OF REAL PROPERTY
AGREEMENT
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THIS AGREEMENT is entered into on this 0 — day of 1'tNe 1999,
by and between the CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION (hereinafter
called City), and JOHN H. MC MURTRY, JR. AND RUBY M. MC MURTRY (hereinafter
called Grantor), for acquisition by City of certain real property as hereinafter described.
WHEREAS, City desires to acquire all of Grantor's right, interest, and title in and to the
Grantor's real property; and
WHEREAS, Grantor desires to sell to City said real property; and
WHEREAS, in compliance with the Eminent Domain ]Laws of the State of California, City has
established an amount believed to be just compensation for said property and has advised Grantor
of the basis for its determination of just compensation; and
WHEREAS, Grantor has accepted City's offer as fair and just compensation for the hereinafter
described real property interests and acknowledges said compensation is no less than fair market
value; and
WHEREAS, Grant Deed dated �IiA/e 5� 1999 describing Grantor's real
property to be acquired by the City (hereinafter called Property) has been executed and delivered
to the Real Property Agent representing the City of Palm Springs. A copy of the Grant Deed with
a corresponding legal description is attached to this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE
Grantor agrees to sell to City, and City agrees to purchase from Grantor, upon the terms
and for the consideration set forth in this Agreement, fee simple marketable title in and to the
Property described in the Grant Deed attached hereto and by reference made a part hereof.
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2. PURCHASE PRICE
The total purchase price, payable in cash through escrow shall be the sum of
ONE HUNDRED FORTY ONE THOUSAND DOLLARS ($141,000.00).
Grantor hereby acknowledges that the purchase price is a total settlement which includes
any and all claims Grantor may be entitled to by reason of the acquisition by City, including, but
not limited to, value of real property rights, severance damages, value of improvements pertaining
to the Property, if any, compensation for loss of goodwill, if any, costs, disbursements and
expenses incurred in connection with the acquisition of the subject property and improvements
pertaining to the Property, if any, and subsequent removal of any items retained by Grantor.
Grantor hereby forever waives and releases City and its officers, employees and agents
from and against any and all claims, actions, demands and suits, at law or in equity, alleging any
damage or injury relating to any and all conduct of the City and its officers, employees and agents
regarding, leading up to, and including the acquisition of the Property. This release extends to
all such claims which now exist or which may arise in the future, whether or not such claims are
known to Grantor, and Grantor hereby expressly waives his rights under California Civil Code
Section 1542 which provides as follows:
"1542, General Release; extent
a general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
Payment under this Agreement shall be made after City obtains a standard CLTA policy
of title insurance showing fee simple marketable title as identified in Paragraph 3 below.
3. ESCROW AND TITLE INSURANCE
City agrees to open an escrow in accordance with this Agreement at Stewart Escrow,
44350 Monterey Avenue, Palm Desert, California 92260. City agrees to pay all usual fees,
charges and costs which arise in the escrow.
When Escrow Holder holds for City the Grant Deed in favor of City executed and
acknowledged by Grantor covering the Property, Escrow Holder shall cause to be issued and
delivered to City, as of the Closing Date, a CLTA standard coverage policy of title insurance or,
upon City's request therefor, an ALTA standard or extended coverage policy of title insurance
("Title Policy"), issued by the Title Company, with liability in the amount of the purchase price,
covering the Property and showing title vested in City free of encumbrances, except:
(a) All nondelinquent general and special real property taxes and assessments for
the current fiscal year; Jq �3
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(b) The standard printed exceptions and exclusions contained in the CLTA or
ALTA form policy;
(c) Exceptions numbered 3,4,5,6 & 7 as shown on Schedule B of the Litigation
Guarantee issued by First American Title Company as order number 2086885, dated October 24,
1997.
(d) Any exceptions created or consented to by City, including without limitation,
any exceptions arising by reason of City's possession of or entry on the Property.
City agrees to pay the premium charged therefore.
4. INDEMNIFICATION FOR UNRECORDED INTERESTS
Upon title vesting in City, Grantor warrants that there are no unrecorded encumbrances
(including but not limited to liens, leases, easements, or licenses) on all or any portion of the
Property, and Grantor agrees to hold the City harmless, defend, and reimburse the City for any
and all of City's losses and expenses, including reasonable attorney fees, occasioned by reason of
any such encumbrance of said Property.
5. ACQUISITION BY STIPULATED JUDGMENT IN LIEU OF DEED
In the event Grantor is unable to deliver title in a reasonable time in accordance with the
terms of this Agreement, the City may file an action in eminent domain to pursue the acquisition
of the Property. Grantor agrees to waive all claims and defenses to such an action and agrees that
this contract shall constitute a stipulation which may be filed in such action as final and conclusive
evidence of just compensation for the acquisition, including all of the items provided in Chapter
9, Title 7 of the Code of Civil Procedure commencing with Section 1263.010.
6. CONSENT TO DISMISSAL OF CONDEMNATION
Grantor hereby agrees and consents to the dismissal of any eminent domain action which
may be filed by the City to acquire said Property and waives any and all claim to money that may
be deposited in the Superior Court in such an action.
7. CONVEYANCE OF INTEREST
Grantor agrees to convey by Grant Deed to City title in and to said Property as described
in Section 1 of this Agreement.
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8. HAZARDOUS MATERIALS
It is understood that the Property does not appear to contain hazardous materials (including
but not limited to gasoline/oil storage tanks, fertilizer or pesticide storage tanks). However,
should hazardous materials be found to exist on the Property, the City may exercise its right under
existing laws to bring an action, if necessary, to recover clean-up costs from Grantor or any others
who are ultimately determined to have responsibility for said hazardous materials condition of the
Property. Grantor agrees to hold City harmless and to reimburse the City for any and all losses
occasioned by reason of said hazardous naterials condition of the Property.
9. POSSESSION OF PROPERTY
It is agreed and confirmed by the parties hereto that notwithstanding other provisions in
this Agreement, the right of possession shall commence at close of escrow controlling this
transaction, and that the amount shown in Section 2 herein includes, but is not limited to, full
payment for such possession and use, including damages, if any, from said date.
City agrees to indemnify, save, and hold harmless Grantor from and against all claims,
demands, costs and expenses, including attorneys' fees, arising out of or relating to such entry and
construction by City or its Agents.
10. COUNTERPARTS
This Agreement may be executed in counterparts, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original, and all such
counterparts together shall constitute one and the same instrument.
11. ATTORNEYS' FEES
In the event any legal action is brought to enforce the terms of this Agreement or to
recover damages for its breach, the prevailing party shall be entitled to reasonable attorneys' fees
therein as well as attorney's fees incurred in enforcing any judgement pertaining thereto.
12. EMINENT DOMAIN
It is mutually agreed that this Agreement is executed under the imminence of condemnation
as that term is used in the United States Internal Revenue Code.
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13. NOTICES
Any notices or documents to be mailed or delivered shall be addressed to or delivered as
follows:
Grantor: John and Ruby McMurtry
1841 N. Farrell Drive
Palm Springs CA 92262
City: City of Palm Springs
P.O. Box 2743
Palm Springs CA 92263-2743
Aun: Allen F. Smoot, A.A.E.
14. BINDING ON HEIRS AND ASSIGNS
The terms, conditions, covenants and agreements set forth herein shall apply to and bind
the heirs, executors, administrators, successors and assigns of the parties hereto.
15. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties, and neither parry relies
upon any warranty, promise, representation, or agreement not contained in writing herein.
16. TIME OF THE ESSENCE
Time is of the essence of this agreement and each party shall promptly execute all
documents necessary to effectuate the intent herein and shall perform in strict accordance with
each of the hereinabove provisions.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written
above.
GRANTOR: CITY:
THE CITY OF PALM SPRINGS,
A L;COR;PTION
By:
J Ito H. McMurtry, Jr. City-M ager
RECOMMENDED FOR APPROVAL:
vlby . McMurtry
By:
CONTENT APPROVED:
By:
Project Counsel
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Title Co. r
ING REQUESTLu BY of
WHEN RECORDED MAIL TO:
The City of Palm Springs
Post Office Box 2743
Palm Springs, CA 92263-2743
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922
�97 (Space above this line for Recorder's use)
GRANT DEED
Riverside County
Assessor's Parcel Number: 501-355-005 [X] All
[ ] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN H. MC MURTRY JR. AND RUBY M. MC MURTRY, HUSBAND AND WIFE AS
JOINT TENANTS
HEREBY GRANTS TO
THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION
all tights, interests, or title to the real property in the City of Palm Springs, County of Riverside,
State of California described as:
LOT 56 OF DESERT PARK ESTATES NO. 2, AS SHOWN BY MAP ON FILE IN BOOK 28
PAGE 99 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
IN WITNESS WHEREOF,the grantor hereto has caused this Grant Deed to be
executed as of this A sr day of_ �/1/°� , 1999.
o H. Mc Murtry, In Ru y Mc Murtry
IIIIII IIIIII IIIII IIIIII IIII IIIIII IIIIII III IIIII IIII IIII 07 2092 9£108700R
RECORDING REQUESRD BY •
AND WHEN RECORDED MAIL TO:
The City of Pahn Springs �lJ
Post Office Box 2743
Palm Springs, CA 92263-2743 •Attention: City Clerk T
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R&T Code § 11922
(Space above this line for Recorder's use)
GRANT DEED
Riverside County
Assessor's Parcel Number: 501-355-005 [X] All
[ ] Portion
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN H. MC MURTRY JR. AND RUBY M. MC MURTRY, HUSBAND AND WIFE AS
JOINT TENANTS
HEREBY GRANTS TO
THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION
all rights, interests, or title to the real property in the City of Palm Springs, County of Riverside,
State of California described as:
LOT 56 OF DESERT PARK ESTATES NO. 2, AS SHOWN BY MAP ON FILE IN BOOK 28
PAGE 99 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA
IN WITNESS WHEREOF, the grantor hereto has caused this Grant Deed to be
executed as of this day of , 1999.
John H. Mc Murtry, Jr. Ruby M. Mc Murtry