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HomeMy WebLinkAboutAbandoned Easements - Goldenwest and Warner - Lester Smull -0 ABANDONED'EA�EMENTDEVGOLDENWEST/WARNER 1996 165-E AGREEMENT THIS AGREEMENT, made and entered into this - 7,"Jay of 1980 by and between the CITY OF HUNTINGTON ACH, a municipal corporation in the State of California, here- after referred to as "CITY," and L. C. SMULL, hereinafter ferred to as "RFDF.VF1,OPF,R," RECITALS: 1. CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY has entered to an agreement with RFDF.VFLOPF.R for the Warne r/Goldenwest levelopment Project; and 2. RFDFVF.LOPER owns a large portion of said area to be reloped. Parcels of land adjacent to REDEVELOPER'S parcels are :lulled in said redevelopment project; and 3. CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY has filed ,vent domain action against said adjacent landowners in order acquire and sell the parcels to REDEVELOPER for purposes of ger with REDEVELOPER'S parcels; and 4. REDFVF.LOPER desires that CITY abandon its unimproved public eets (paper street easements) located on the condemned property that Rr.DFVF.LOPF,R may immediately process development plans and ;e the properties; and 5• CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY has obtained >urt order for Immediate possession of the said adjacent parcels ling the conclusion of the eminent domain proceedings; and RS:bc 1, 8126180 6. a of the owners of the said adjacent parcels has filed a as -complaint against CITY OF HUNTINGTON BEACH REDEVELOP- MENT AO E challenging the tialldity of the Redevelopment Project as a pro public use for eminent domain action; and 7. said cross -complaint is successful. and CITY has abandone is street easements located on the nondemned property, then CIT ay have to reacquire the abandoned easements by pur- chase wi CITY funds, Now HF.REFORF., It is at -reed by CITY and REDEVELOPER as follows: In C sideration of CITY abandoning its street easements located o said condemned parcels prior to CITY OF HUNTINGTON REACH RFnEVFLOP NT AGENCY'S succPssful termination of said eminent domain action fo he benefit of REDEVELOPER so that REDEVELOPER may merge said pare s with his own parcels, REDEVELOPER shall reimburae CITY for all o ITY'S costs in reacquiring said public street easements subject t he following conditions: 1. d condemnees are successful in their said cross - complaint. 2. incurs costs 1n —acquiring sai,i public street easements. IN WI SS W"F:RF0 , the parties hereto have caused this agree- ment to be xecuted by and throuf-h their authorized officers the clay, month t7d year first above written. CITY OF HUNTINGTON PEACH "CITY" Gam, '.7 - • � �_ �..+ ., ,,,Q /l Py IAOVL�AS TORM: ty Clerk A7C y Atto ey S 6 2. ■i .. .. S. � r ., ,'• � � ' .' � .. � r � . •• v p N W V t h • � p - V W Z u p •" Q J 1 Z .z N N• Wit �Q MMi ` 1/ u oza � i W z v � • a - a N_ • E ♦ ^ W e h tj W _ 4111 4 W W ti h h• R 2 `O n, � W �, •3 + a a •a N � ♦ A � NJ N ` ,eli etc 1 S3M N30 709 Order No 124' 17 • • Ecr" No 126 7992-am turn No. MRfEN RECOR AIL TO. L. C. Small c/o Business parties i7611 Fitch Irvine, Ca. 14 V ACa ABOVe THIS 0"1 e00 asC014090-9 Vol MAIL TAX STA [PITS TO. (XJCt1tETlTARV TRAPdFER TAX l—� ABOVE ADDRES ..... C.m.,,f.d on e'r ron.wrnNs F I.W. at Foverh reay.red, OR ..... Ca We Nd M e,. ao'sk 'dies or 10.4 la.. I-- w .KV _'Onncw nmNasy ar faM of we. AP 0142 251 CORPORATION GRANT DEED FOR A VALUA CONS; US ^T'r1N, receipt of which a rweby a[Ano.rledged, CITY OF LEACH, a municipal corporation urWr the iawt of tM State of California does hereby GRANT to L. SKULL, a married man the real perm—tv C"of Huntington beach, Cp IV of Ors . State of CNdorrw, descr'bed as tut 108 in k C of Tract Ho. 19I, as r.wwn on a map recorded in book 16. page S of Mlrtellan Tlape, records of Orange County, California. Excepting t efrom all water under said laud but without right of surface entry t'rreuve • The grantee rein covenants by and for himself, his heirs, executors, administrat , and assigns, and all persons claiming under or through thee, that there shall no discrimination against or Aegregation of, any person or Aroup of persons account of race, color, creed, religion, sex, marital statue, national origin, or astry in the uals, lease, sublease, transfer, use, occupancy. tenure or enjoymer. [ the premises herein conveved, nor ahall the grantee himself or any persor clai under or through him, establish or permit any such practice or practices o lscr:minatlon or segregation with reference to the selection, location, number, use occupancy of tenants, lesaees, subtenants, sublessees, or Tndees in the pr herein conveyed. The forego'ng covenants shall run with .ne land. Subject to ensnts, cunditions. restrictions, reservations, easseaents and rights of way of r rd, if any. Febrw 12, 1980 CIT1 01 HUNTIIICTON BEACH, a muntci;al test T I Of CAL t is, 1 o�t A veasrR O. it a sae 0. sre C ty .r StI�tS .aarm a sea M .- Prmas..L Wd Mr it- 10 )'fi t" !0 fit r ar r r a►'e ars.~ of s'ss II «CAIL HUTTOII .Mef d h screw ,seMe. as— 0..00r C l t1 At t o roe? �,e.t w wt F . el am Mee .e w flaa/ Mtw efm !Ft ow'sa+s _ De City Atterl) %e Pew laa7tfl MAIL TAX STATEMENTi At DINECTED AWV[ NOW;..n Rea r1y W";m'y t. �t } &,1prct 1; pmcnt Decu (.'< s tbo 1rd n:,:•; v^:: t II Attached' approved •4• • f.•om I:,r ciL «seC.it rrnL Are ti $IOUl:. a .,.:nt: tc r;;c Re3olut1 12 of wia - 1-1. r .. !. a::d Aretins a - RcQevelo;. nc: :,c; 'vid tt,13 de ' not 1,c fuz:1, a. execut io ocuMeltt : P;ld : _ t r., t i ' t r: t r„ (• a,,ed, to - out L::(. i' _r . 'e ;.•at `,:., _ C... �{ all t1111•t S., rranLor 1.'. .. -., 'i ::i... .. ',• t' `I:.-,"!'_ a,;oncy, a deed ;h(.-1.. r--- f ROBERT 3 K: Deputy ci torn. R^:bc 1.LLachme CAT,, ii .• y ice$,. _.Y r �,4 a - i s F p�. • C1TV ' oW jf} UINMNOTVN w Moms INTER -DEPARTMENT COMMUNICATIO W.'4 To City.A from Alicia M.' Wentworth City Clerk , Subject Grant - AP 142-252-53 8 54 Date October 30, 1979 City " C. Smil1 p..., ., . G/N-Na' Redevelopment Agency blaw Ns 4xviiir No 264 BH oa Ln t.o WNEM ((+F.COR MAIL TO L. C. SMULL /> sunlnes ropertles 17631 Fitch Irvine, CA ?It IV- o07 SPACE AeOVa TKI$ LIN% 00M "11COn0en"S Uea MAIL TAX ST11 MENTS TO. DOQPWITARY TRANSFEA TAX B __.. Cwhwwld on M wmWererten or vows of a "m IV evievree: OA ...... CMIMIMd w1 eN emmiom to w vMne fta t1He er elleellyrMMQ SAME AS ADDRESSEE rewe11Wat or"of eefa —Tywewn.—eT6�iirow w M�� e��y w ="Tw'w e�w.i� A.P. NO. 1 252-53 and 54 FIRST AMERICAN TITLE rffe t .fur ry GRANT DEED FOR A VALU E CONSIDERATION, receipt of which Is hereby acknowledged, CITY OF H N BEACH, a municipal corporation hereby GRANT to L. C. SMULL carried tsar as his sole and separate property the real pr the City of Huntington Beach Coumv of ange State of California, described a Lots 24 and in Block D of Tract No. 392, as shown on a Map recorded in Book 16, page 5 of llaneous Maps, records of Orange County, California. r SUBJECT TOt 1) Taxes f he fiscal year 1979-1980, a li.-n not yet due and payable. 2) Covenan conditions, restrictions, reset.. —na, easements and rlghts ay of record, if any. ATFR37ED AS TO FORK[ GAIL HUTTON City Attorney By: ` Deputy sty Atto_-o!y Dated__ tober 23`1979 CITY OF HUNTINGTON BEACH. municipal corporation _ ' SIGN BEFORE ART PUBLIC USE CORRECT ICIPA.L Jl1RAT FORM --- i Min am ow e1fW sou-10 aalf AS VINIMo ASOVI .. _ .,eat_... _- .,vqf— — ...-,..... ..w.,e u RESOLUTION NO. 19 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH FINDING THAT THE CONSIDERATION FOR THE SALE OF CERTAIN REAL PROPERTY IN THE WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE, APPROVING THE ACQUISITION AND SALE OF SAID PROPERTY PURSUANT TO A PARTICII'ATION AGREEMENT WITH L. C. SMULL, AND AUTHORIZING THE EXECUTION OF SAID PARTICI- PATION AGREEMENT WHEREAS, the Redevelopment Agency of the City of Huntington eh (the "Agency") is engaged in activities necessary to exe- e and implement the Redevelopment Plan (the "Redevelopment n") for the Warner-Goldenweat Small Lot Redevelopment Project e "Project") in a portion of the City of Huntington Beach e "Project Area"); an,' In order to implement the R^ievelopment Plan, the Agency p posea to acquire and sell certain real property (the "Prop - et, y") in the Project Area pursuant Lo the terms and provisions o a Participation Agreement be'.ween the Agency and L. C. Smull; at L. C. Smull has aubmitted to the Agency a written offer in t form of said Participation Agreement to purchase the Property f not less than fair market value for uses in accordance with t Redevelopment Plan and the covenants and conditions of said P Sclpatioa Agreement; and Thu proposed Participation Agreement contains all the pro- v ons, terms and conditions and obligations required by state a local law; and L. C- Smull possesses th( qualifications and financial r rces necessary to acquire and insure development of the p erty in accordance with the purposes and objectives of the Re elopment Plan; and M-1: F ., 11 1. Fo 11 purposes of the California Environmental Quality Act, al ublic and private activities or undertakings pursuant to or 1 Qrtherance of a redevelopment plan constitute a single project Ich shall be deemed approved at the time of adoption of the evelopment plan; anJ Th roposed development is covered by an environmental Impact ort for the Project for which a Notice of Determination was fil on August 3, 1977, and the Agency finds and determines that the have not been any substantial changes in the Project which wo d require another EIR; and Pur ant to the provisions of the California Community Redevelo ent Law, the Agency, together with the Redevelopment ommissl of the City of Huntington Beach held a joint public hearing the proposed acquisition and sale of the Property and she prop ed Participation Agreement after publication of notice as requl C by law; and Fol Ing such joint public hearing, the Redevelopment Com- mission ommended that the Agency approve the Participation Agreemen and The ency has duly considered all terms and conditions of the prop d sale and believes that the redevelopment of the Prop- erty pur nt to the proposed Participation Agreement is in the best int ats of the City and the health, safety, morals and welfare its residents and in accord with the public purposes and prov on3 of applicable state and local law; NOW HEREFORE, the Redevelopment Agency of the City of ►iuntingt each does resolve as follows: Sect n 1. The Agency hereby finds and determines that the -onsidern on for sale of the Property pursuant to the Participa- tioll Agre ent constitutes a fair and equitable price for the Property Cording to Its value for reuse and Is not less than :he fair rket value of the Property for uses in accordance with the development Plan and the Owner Participation Agreement. 2. Secti 2. The acquisition and sale of the Property by the Agency L. C. Smull purcuant to the Participation Agree- ment is hb y approved. Sectio The Chairman and Secretary of the Agency are hereby auth ized to execute the Participation Agreement, and are furthe uthorized to take all steps and to sign all docu- merits and i tructions (including but not limited to the grant deed) neces ry to implement and carry out the Participation Agreement o ehalf of the Agency, PASSED D ADOPTED by the Redevelopment Agency of the City of Huntingt Beach at a regular meeting thereof held on the jrd day of octo , 1977, Chairman or t e e eve opment Agency of the City of Huntington Beach ATTEST: erk or th edevelopment Agency REVIEWED AND PROVED: APPROVED AS TO FORM: of EExecut ffice Lep,al Advlaor INITIATED AN PROVED AS TO CONTE cJ �_ Planning Dire r 3. es. Re. 19 STATE OF CALIFORNIA COUNTY OF ORANGE I, ALICIA 4IENNORTH, Clerk of the Redevelopment Agency of the City of Hunt ton Beach, California, DO HEREBY CERTIFY that the foregoing resoluti a duly adopted by the Redevelopment Agency of the City of Huntington ach at a meeting of said Redevelopment Agency held on the 3rd day o October , 1977 , and that it vas so adopted by the foil ng vote: AYES: Members: Bartlet ceder, Coen, Pattinson NOES: Members: Gibbs,lbert ABSENT: Members: S Clerk of the Redevelopment Agency of the City of Huntington Beach •,. 124 Not wtNEN 10 MAIL TO aNGL1 of ltu;iness Properties 1 1 Pitch R0. California 92714 w 1 Chuck Ball race A-6 r.a Ll" roe •ecowws1 use MAIL 11TATEMENTS TO DO AgwARv rotawf A TAR aw Cw+a.ws " M awwewa.e. w rw.a M w..+h eanrerM. OR Caewwa r M ewMwaMe w nl.e nYe w Mw,n'ar.w1 nmww� w enr al M. CORPORATION GRANT DEED FOR LLIABLE CONSIDERATION. 1—ot of .Mich a harabr Vr".. -60d, I,CTON BLACH REDLYLI.OPMCNT AGENCY, and CITY Of Rl147TINGTON REACH, a municipal corporatior *,".,ad unew iM Iala of tha Sate of California , don hereby SNULL, a carried Stan as his sole and separate property 1ha Cnr.1 Huntington Bench C Oranae Swo of CNHwn/a, 0—bad n 71, 101, 115 and 116 in Block C of Lots 32. 57. 61, 62, 67, 64, 74. 92, and S1 Block D of Tract No. 392 se sho on a tap recorded in Book 16, Page 5 of al .neous Naps, record• of Or an go County. CaIlfornia er Ar'E IRORMIA 1 c OUR o a Ave a bear, vwmo, w ad ow rb e.. ow. _ M M �Ot _. Iw 0 ,-MII •ti..y ewF.ww^ ww.. wa e•M...deV s a reee..r d n, o-owa et w•wtin ` qa,a a,r ewlrr r A pPROVSL AS TV ►ORM$ OAT HUT TON City Attcraey Rrt in N7r+ Attorber CITY UP HIIMINGINGTTOnvnN BEACH Y1711 .7• NIMrINUTUN BUCN RC�111 I � QfA179W CITY Qflac MAIL TAM STArEVENTS AS Of RECTEO ABOVE . ,.w N., 1210 5417� ln.n No WHEN RECORDED MAIL TO L.C. SKULL c/o Business Trope 17631 Fitch Irvine, Californla Attnt Chuck Sell MAIL TAX STATEMENTS TO FOR A VALUABLE CM/SIOEI HUNTINGTON BEACH M a�wrrmre wtwe.d u.dw I GRANT Io L.C. SKULL, a alarri the r.[ propwty 1M Gay of C., of Lot. 71, 101, 115 a 96 in Block O or 7r Mi.cellaneous Maps, .TIAIL OF (:ALIFORNIA COUNTY OF ORANGE On this a Notary Public in a A;Aton Beach, instrument, known to strument on behalf o me that such muniClp wrmnvonruunn:ntirorm TC f/�goS�J VAC. ♦sov. rho UCH to. wIco."Rv was 11 1 TAX a Cm n w M M aMwa.rwlerl M .wv. w w+swlr ..w..vre; OR C.MMi r.a .w M n.ww.a.w w.�,,. Ir Flee w wrRMsruw iw.w..l b«v.,,r w M•r.wrMiBlee-= reiw Miwu`__ RPORATION GRANT DEED 1, rerwol of , Kn n M.r061 t*—W 1p.d, OFMEN7 AGENCY, and CITY OF HUNTI14GTOW REACH, a municipal corporstior .1 it. St... of California dow her ity a as hie sole and separate property tngton beach Orange Sut. of Cat! arts, desrbed V 6 in Block C of Lot. 32, 57, 61, 62, 61, 64, 74, 92, and 6. 092 as •ho.rn on a Map recorded In book 16, page 5 of rds of Orange County, Callfornia AFFROYLO AS TO FORat nAT1. wit? r of U , 19 pO , before me, or snfd C unty and State, personally appeared , known to me to be the Mayor and known to me to he the City Clerk of the City municipal corporation that executed the within to be the persons who executed the within irl- id municipal corporation and acknowledged to ornoration executed the same. OCKWAY i l if 04111 ; IN ry CRI DR,ICI Cpj ti 02. 9) 0 (A) I O01 col RESOLUTION NO. 4876 SOLUTION OF THE CITY COUNCIL OF THE CITY OF INGTON BEACH APPROVING CONVEYANCE OF CERTAIN PROPERTY TO THE REDEVELOPMENT AGENCY TO EF- UATE THE PARTICIPATION AGREEMENT BY AND BE- N THE REDEVELOPMENT AGENCY OF THE CITY OF INGTON BEACH AND L. C. SMULL The; ty Council of the City of Huntington Beach hereby resolves. follows: SECT N 1. The City Council of the City of Huntington Beach fin and declares that it 1a in the common benefit to convey ce sin city -owned real property to the Redevelopment Agency of he City of Huntington Beach and her -by approves sale of a city -owned real property, more particularly de- scribed d follows: f All that certain property in the city of Hunt gton Beach, County of Orange, State of Cali- forn described as follows: Lot e 1, 103, 104, 115, 116 of Block "C" and Lots 32,; , 61, 62, 63, 64, 74, 92, 96 of Pock "D" of Trac 392, as shown on a ma{ recorded in Book 16, page of Miscellaneous Maps, records of Orange Coun }, California. Upon onveyance of the subject rril property, pursuant to said Part ipation Agreement, the city shall be paid the purchase price the of, in the sum of Ninety -One Thousand Four Hundred Dollars ( 1,400). SECT N 2. Pursuant to California Government Code section 65402, a llc meeting was held before the Planning Commission at which fie it was determined that the Redevelopment Plan for the Warne Goldenwest Small Lot Redevelopment Project conforr,ed to the ci 'a general plan. SECT N 3. That the sale of such real property shall t,e Ipursuant the Redevelopment Plan adopted by Ordinance No. 2212 and Para Ph 104 et seq. of the Participation Agreement by and betwe the Redevelopment Agency of the City of Huntington { beach an , C. Smull, dated January 5, 1978. PAS AND ADOPTED by the City Council of the City of Huntingt Beach at a regular meeting thereof held on the 19th play of Ma ' 1980. ATTEST: APPROVED AS TO FORM: ALICIA M. RTH, CITY CLERK Pu Y ity C1 k City A torney REVIEWED APPROVED: INITIATED AND APPROVED: 4CY in strator Directcr of Public Works 2. 0 S. No. 4876 HTA OT CALIFORNIA ) COUIgY OF OUNCE ) s•: cITIffor Hl1MIINCTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City ithahe of the City of Huntington Beach, and ex-officio Clerk of the ouncil of said City, do hereby certify that the whole number of s of the City Council of the City of Huntington beach is seven; foregoing resolution was passed and adopted by the affirmative f mars than a majority of all the members of said City Council egular mating thereof held on the 19th day MAY I W , by the following vote: AY911M., Councilman: Finley, Bailey MacAllister_ Mandir. Kelly Councilmen: Th oina s ADS911Councilmen: Pattinson Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By:� Deputy • i�9LG sN►u�L ' REQUEST OR REDEVELOPMENT AGENCY ACON Date April 26, 1982 Submitted to: onorable Chairperson and Redevelopment Agency �1 Submitted by: harles W. Thompson, City Administrat9r/J�/��1� '� I Prepared by: amen W. Palin, Director of Development Services Subject: ONVEYANCE OF REAL PROPERTY TO EFFECTUATE PARTICIPATION AGREEMENT ETWEEN THE REDEVELOPMENT AGENCY AND L.C. SMULL Statement 41%sue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: STATEMENT OF The Rede Warner/G delopment Agency is obligated under the'participation agreement frr the nwest Redevelopment Project to convey parcels in the project area upon fin :order of condemnation to the participant under the agreement, L.C. Smull. a attached resolution would authorize the conveyance of the property from the edevelopment Agency to L.C. Smull. RECOMMENDED A ION: Adopt th ttached resolution and authorize its execution by the Chairperson of the Rede lopment Agency and the Secretary. ANALYSIS: On April: , 1982, a certified copy of the recorded final order of condemnation was rece d for parcels 37C, 38C and 77C within the Warner/Goldenwest Redevelop- ment Pro Ct Area (attached). The participation agreement between the Redevelop- ment Age and L.C. Smull covering redevelopment of this area requires that the Agency n convey the lots to Smull by grant deed. The attached resolution authoriz Conveyance of the property from the Agency to Smull. The defendants in the a emnation action have been paid a sum of $57,000 which was deposited with the urt by Smull through the Redevelopment Agency as required by the particip on agreement. NG SOURCER None required. ATTACHMENTS: 1. Reso on 2. Final rder of Condemnation CWT:JWP:CC:df' Inn Ole/ . a a o RESOLUTION N0. 27 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE. CITY OF HUNTINGTON BEACH APPROVING SALE, OF CER- TAIN REAL PROPERTY IN THE WARNERIGOLDENWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SKULL he Redevelopment Agency of the City of Huntington Beach her y resolves as follows: ECTION I. The Redevelopment Agency of the City of Hun gton Beach hereby approves sale and authorizes conveyance of 1 property located in the Warner/Ooldenwest Project Area to C. Smull, more Particularly described as: All that certain property in the city of Huntington Beach, County of Orange, State Of' California described as follows: r I Lots 37, 38 and 77 of Block G of "Tact 392 L . as shown on a mrp recorded in Book 16, page 5 of Miscellaneous Maps, records of Orange County California. t the time of conveyance of the subject real property, the cit hall be paid the purchase price thereof in the sum of Fift seven Thousand Dollars ($57,000), which is the fair market valu f such real property as such was determined by competent real state appraisals. ECTION 2. Pursuant to California Government Coee sec- tion 402, a public meeting was held before the Planning Comm pion at which time it was determined that the Redevelopment Plan r the Warner/Ooldenwest Small Lot Redevelopment Project conf ed to the city's general plan. CTION 3. The We of such real property shall be pur- suan o the Redevelopment Plan, adopted by Ordinance j. 2.21,^ and agraphs 104 et seq. of the Participation Agreement by and WSA•ahb 4/28/82 1. �- bet n the Redevelopment Agency of the City of Huntington Beach and. C. Smull, dated January 5, 1978. ECTION 4. A public hearing has been held on this sale and not has been published not less than once a week for two weeks in ordance with Health and Safety Code section 33431. ECTION 5. Any deed or other instrument of conveyance shall be ject to the nondiscrimination clauses required by California Hea and Safety Code section 33436. AS3ED AND ADOPTED by the Redevelopment Agency of the City of tington Beach at a regular meeting thereof held on the 3rd day Mai' 1982. _ Chairman - A71 APPROVED AS TO FORM: �. . ecretary -- - C1Ci�-�g—�-- �dv e`F C REVI AND'APPROVED: INITIATED AND APPROVED: �Ch EaecuCl%e �fflcer - - - -- ---- Dlrector of Development Services 2. •a. No. 27 STATE IORANGE ALIFORNIA ) ee COt1ttIY I, AIA M. WENTWORTH, "ecretary of the Redevelopment Agency of the ty oLIC f Huntington Beach, California, DO HEREBY CERTIFY that the forego resolution was duly adopted by the Redevelopment Agency of the City o untington Beach at a meeting of eaid Redevelopment Agency held or, the 3th day of May , 19 _, and that it was so adopte y the following vote: AYES: embers: ta.WiSter. Mandi NOES: embers: one ABSENT- embers: lattinson, Thomas E Secretary of the Redevelopment Agency of the City of Huntington Beach u a RECORDING 4 PY AND 1 II STEPREI �I Attorm 2 1151 D, j Newpor 31 I' (714 ) 4 „ Attorn 5 I Cross- . 6 !� d : 7, I! I 9 10r 11 REDEVE 12 CITY 0 4� 13 14 !� I' �:ARIE 15 16 i 17 It AND RE 18 19 20 I'! above 1 II 21 court I 22 Barbar 23„paid t I� 24 ;I deposi 25 I� ment a n 26 against I 1 27 li of Blo I 28 4 Page S T� EXEMPT CHASE C2 -- at Law Street, Suite 160 each, California 92660 -1841 f for Plaintiff and named endants i LEE A i:;:;t!, °;.n SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF OPJVIGE ENT AGENCY OF THE NTINGTON BLACII, Plaintiff, Vs. DRYNAN, et al., Defendant3. NO. 32 19 41 FINAL ORDER OF C04D£!VATION PURSUANT TO STIPULATION (Parcels 37C, 38C and 77C only) RECOROED IN QFFICIAL RECORDS OF ORANGE COUNTY, CALIF04NIA i •812 A11 VAa25'82 CROSS -ACTIONS. ) RE A CM KIt County Record?, Juugment in condemnation having been entered in the itled matter and it appearing to the 5ati3faction of the t plaintiff has paid defendants, M. Burton horn, and Horn, the sum of $41,500, and that the plaintiff has defendants, :4. Burton Horn and Barbara F. iforn, by q into court the sum of money as required by said judq- ust cumperisation for all claims and demands o.` d-2fendant laintiff cn account of taking in fee simplo Lots 37 and 33 C of Tract No. 392 as shown on a map recorded in su,. 15, :Kiscellsneous Maps, recess of Orange County, California, f y' I' 2 II 3 a �I 4 ;; a 5.� S 6 I Rog I' r 7 i! and g i Sma 9 Rog ,I 10 ;; as 11 II I aga 12 Blo, .I 13 page 14 saia 15 1 he is Co 19 to 20 j 21 Cond 22 1 Stat ii 23I� dear 24 asai 25 ^3 'I � Secs_ � 271� into$ 2E a r, i ® Ua -.LUeUVL �ropert`Pbeinq located in the City* Huntington Beach. Judgment in condemnation having been entered in the entitled matter and it appearing to the satisfaction of the I 6that plaintiff has paid defendants, Rodney A. Madsen, Tra i ty F.ogers, individually and as Trustee for the Kenneth K. i Family Trust, by deposit into court the sum of $15,500, iat the plaintiff has paid the defendants, R. A. Madsen, Ira y Rogers, individually and as Tructso for the Kenneth K. Family Trust the sum of money as required by said judgmant t compensation for all claims and demands of defendant t plaintiff on account of taking in fee simple Lot 77 of of Tract No. 392 as shown on a map recorded in Book 1G, i Of Miscellaneous Daps records of orange County, California, roperty being located in the City of Huntington Beach. IT I5 ORDERED AND ADJUDGED that fee simple title to the I s of rcai rv7ertjl ei-srribeci in the two paragraph^ above is condemned to and be taken for the public use stated in the [nt in this action for redevelopment purposes and is so in fee 3impio ab.nolute. Upon filing a certified ccp; of the r-Inal Ora•"r of I cation, with the County Recorder of thl: County of oranga, if California, the fro simple title to the real property led above shall vest in plaintiff, its successors and IT I.^, FURTIH.R ORDERLD AND ADJUDGED that the dcfendint, M+anal Corporation, a G,liiornia coraoraticn, have no in the real property described h-rrein. I IT I5 FURTHER ORDERED AND ADJUDGED that the,e arc- I Z. r fy 1 unpaid r property taxes, assessments or pe:faltics due and r 2 owing to o County of Orange on said real prouarty described 3 �I hereinab 4j T IS FURTHER ORDERED AND ADJUDGED that all liens, 5 i; charges, nditionn and restrictions iipnn the interest in the 6 real pro ty described hereinabove including but not limited to 7 all real operty taxes, assessments, penalties and costs from 8'I and afto he date of this Final Order of Condemnation are 9I terminate cancelled and extinguished, 10 �I ATED: ? f ;A''! 11 I .I 12 itIOR COURT JUDGE, SUPE13 I 14 I�T}p$ 1� ! )�iRUNUtt I' A CGf1P�C1 [Of'I Of IIH�E GRIGi:IAI Off ME III P0Off ICE � ��t�1�T.0 16 Arrut: 6-� iN ii LEE 17 �I fr County Civi and C4iY of It.* yl1•a+•� t . Euferlof Cnmt of V-e S14te M C+'torma hJ N 4lantna,,Ct9vn t OWj. •..�. G �1` Lt��i1R LIFOrs' 18 �� v 19 �� 20 'I 21 h 22 I 23 25 !� 26 I ,)� .. � " ...... .. — .fir •�—*.;�.. , ` _ ... v ' ,�sr':'.^'_`"'1_'. " "- 3. • .-._ .. •,. ,• ',+`fir. C •'�:5'� IV v_ O �S Tull Iv ,g rr ` LZ M i C,4 If ,I•�, � � IMF .. I 1 62) i - = 1 S IM N20 vo V1J YVI 1 + 4 vx; 2 Z v W o 0 4 O � c � a= �x Q� We AI_ PIT CITY OF HUNTINGTAM RIEACH INTER -DEPARTMENT COM ICATION 1�� 1•w.M 1w wl• To Char W. Thompson James W. Palin, Director City' ministrator O Development Services Sul,lect COND ONS OF APPROVAL BY THE Date February 1, 1982 RED OPMENT AGENCY FOR BUSI S PROPERTIES After a disc ion with a representative from Business Properties, it is recommend that the following conditions of approval by the Redevelopmentrgency for the development of a commercial center at the northeast corler of Warner Avenue and Goldenwest Street in the warner/Golden st Redevelopment Project Area be modified as follows: Condition No. s A detailed section be provided of the north end of the property from Murdy Park and a design and/or buffering tr ment be provided to mitigate the visual impact of the commercial ce er. The design and/or buffering is subject to review and approval the Director of Development Services. Condition No. 0: A recorded copy of the "Agreement of Covenants, Conditions, and Establishment of Restrictions and Grants of Eas ents" between Business Properties and William Landis shall be subm ted to the staff for review and approval. JWP:FW:df RJEE ST REDEVELOPMENT AGENCY ACTIR DM _April 15 1982 SubmitW to: HonoChairperson and Redevelopment Agency Submhated by: Char. Thompson, City AdministratorNpared by: O)Tom er, Director of Business and Industrial Enterprise �1 pip� Sublact: RESOL ION AUTHORIZING THE ISSUANCE OF BONDS FOR ENTERINS INTO FINANCING (, LEASE OR AGREEMENTS TO FINANCE A COMMERCIAL PROJECT TO BE CONSTRUCTED AND D ELOPED BY L.C. SMULL AND/OR BUSINESS PROPERTIES PARTNERSHIP NO. 22 Stmment of Ipua, ireoommw►dation, Anahftlt, Funding Source, At"mathre Actions, Attachments: STATEMENT OF ISSUE: Attached is a olution which, if adopted, would fulfill the initial Federal re- quirement to pide tax exempt financing for the Business Properties Project with- in the Warner/G denwest Redevelopment Area. RECOMMENDATION: Adopt resolutio ANALYSIS: The adoption o his resolution is simply a preliminary step that is required under Federal taxing' ws. Before such bonds might be issued or financing leases or agreements exec ed, additional Agency authorization would have to be obtained. In light of the urrent economic climate and private financing realities, it is apparent that p jects such as the commercial center being proposed at Warner and Goldenwest will a difficult to accomplish without viable financing options. The type of agreeme s that would ultimately be executed to bring tax exempt financing for such a prof t would be structured in a way that there would be no City or Agency financia obligation involved beyond the revenues generated by the project itself. Theref , the exposure or financial liabilities of the Agency or City is limited, if t non-existent, as you will see if and when such agreements are brought forward or your consideration in the future. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTIONS: The Agency may sh not to execute this agreement and, therefore, would preclude the ability of a Agency to provide tax exempt status for the financing of the Warner/Goldenwe Redevelopment Project. ATTACHMENTS: 1. Resolution CKT:TT:jb 1 l RESOLUTION NO. Z RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT ENCY AUTHORIZING THE ISSUANCE OF BONDS FOR ENTER- 0 INTO FINANCING LEASES OR AGREEMENTS FOR THE RPOSE OF FINANCING COMMERCIAL STRUCTURES AND RE- TED COMMERCIAL FACILITIES TO BE CONSTRUCTED AND VELOPED BY L. C. SMULL AND/OR BUSINESS PROPERTIES RTNERSHIP N0. 22 RE VED by the Huntington Beach Redevelopment Agency as follows. NEE AS, the Agency is authorized by the Community Redevelop- ment La' f the State of California, constituting Part 1 or Divisio 4 Of the Health and Safety Code, including without lim- itationapter 8 thereof, to issue and sell its bonds for the purpose financing commercial structures located within reAe- velopmen project areas of the Agency and to enter into financing leases o installment sale agreements for such purposes; and L•' Smull and/or Business Properties Partnership No. 22 has requ ted or may request the Agency to issue and sell its bonds o nter into financing leases or installment sale agree- ments f0 the purpose of financing commercial development, to- gether w h related commercial structures and auxiliary facilities, to be cc tructed and developed by the developer in a redevelop- ment sur y or project area of the Agency, and the Agency wishes to indue the developer to construct and develop the project in said are and It in the public interest, for public benefit and in fur- therance f the public purposes of the Agency that the Agency au- thorize eh financing for the aforesaid purposes, THE FORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as follows: I. a Huntington Beach Redevelopment Agency hereby au- ahb 4/13/82 1. thorizea he financing by the Agency pursuant to the law in a principa amount not to exceed ten million dollars ($10,000,000) for the rpoae of providing permanent and/or construction fi- nancing the developer, his successors and assigns, for the project be located at the Warner/Ooldenwest Redevelopment Project ea in the city of Huntington Beach, California. It is present l proposed that the obligation of the Agency under any financin shall be payable from, among other things, the revenues to be de ved by the Agency from the sale, lease or loan with re- spect to a project. The term "financing" as used herein means any of t following a) The issuance of bonds or other obligations of the gency under the law to finance the acquisition of the pro t by the Agency; or b) Entering one or more financing lessee or in - ate, ent sale agreements under the law with respect to the oject for the permanent and/or construction financing the f pursuant to the law; or c) Purchase of mortgagee. 2. y such financing shall be upon the terms and conditions as they m be mutually agreed upon by Agency, the developer and the purch er of Agency obligations and shall be authorized by reaolutio or the Agency at a meeting duly held and constructed for au W rpose. 3. oceede of any such financing shall include such re- lated an ecessary issuance expenses, administrative coats, debt aery a reserves and interest payments as may be required to accomplis successfully the financing. 4. is intended that this resolution shall constitute such off al action toward the issuance or the bonds within the meaning o the United States Treasury Regulations, United States Tax Laws, nd any legislation now or hereinafter pending in the Conireas' the United States which may require official action in order r the bonds to be exempt from Federal income taxation. 2. O n U 5• a Agency secretary shall certify to the adoption of this resoluti and provide for appropriate distribution thereof. PAS AND ADOPTED by the Redevelopment Agency of the City of Hunti on Beach at a regular meeting thereof held on the day of_ 1982.-- ATTEST: S cretary ` REVIEWED- D APPROVED Chief— scut ive f cer Chairman APPROVED AS TO FORM: Legal 4se-A INITIATED AND APPROVED: =rib or of buainei7a—an-rf— Industrial Enterprise W1 REd04RMEKLQMNT AGEN ION a..►: i sr grry wv` Ctt I January 26, 1982 Submitted to: ReId-WI opment Iiaencv•CJTY ('4R y ~~`~ W 101�"""'``r"� �� �� Submitted by. ChW. Thompson, City AdministratorPrepared by: Ja. Palin, Director of Development ServicesSubject: REOF BUSINESS PROPERTIES' PROPOSED PLANS FOR A COIAL CENTER IN THE WARNER-GOLDENWEST REDEVELOPMENT PRAREA. Statement of Issu4pecommendation, Analysis, Funding Source, Alternative Actions, Attachments: �J STATEMENT OF Business Pro ties filed for Use Permit No. 81-46 to construct a com- mercial cente at the northeast corner of Gcldenwest Street and Warner Avenue to be and before the Board of Zoning Adjustments. The proposed project is to ted in the Warner-Goldenwest Redevelopment Project ArrIa. The BZA revie d the plans and application, along with the "Redevelopment Plan for the rner-Goldenwest Small Lot Project Area" and the "Partici- pation Agreem t." After their review it was determined that the Agency should review nd approve the conceptual plans prior to the BZA taking any action on he applicant's use permit. According to the "Redevelop- ment Plan" an the "Participation Agreement," Business Properties is to submit to the edevelopment Agency the following plans and information: a site plan, chitectural detail of the development, parking plan, landscaping p n, sign plan, land coverage, setbacks, screening, heights of buildingst fighting, building materials, and traffic access. RECOMMENDATIO`+: Staff rec,-)r=elZs that the Redevelopment Agency review the attached conceptual pl s, approve them subject to the attached conditions, and authorize stajnto review and approve final plans and working drawings. ANALYSIS: The proposed: to is abutting Murdy Park on the north and apartments on the east.' Cross the street to the south is a high school, and to the west is a mmercial center. In reviewing the plans, staff consid- ered setback° quirements, landscaping, parking layout, vehicular circulation,, gress and egress, lot coverage, public improvements, and layout of bui ings. The proposed conditions cover the concerns and more detailed formation that staff needs in order to complete its final review. In C Cept, the plans reviewed are adequate and are the first step in the d elopment of final working plans. NO Mt r �T" n A U January 26, 19 Page 2 SUGGESTED COND IONS: 1. A parcel m shall be filed prior to occupancy in order to consolidate all of the arcels on the property. 2. The plans Ed January 22 , 1982, shall be the conceptually approved p S. 3. Detailed 1 dscaping plans shall be submitted for review and approval by staff. 4. PAD P "Bui ing Limit Line" shall also include any necessary parking within the oundaries. 5. A detailed gn plan shall be submitted for review and approval by staff. 6. Appropriat onsideration shall be given to the easterly end of the property i rder to provide adequate buffering for the abutting residentia roperty. 7. All drivew and parking lot aisles are to be properly located and of suffici width to provide adequate circulation for emergency vehicles, eks, and automobiles as determined by staff. 8. A detailed_ an indicating a combination of architectural treatment, landscape fer, and wall material at the north end of the property abutting M y Park is to be submitted to staff for approval. 9. All improve nts on Warner Avenue and Goldenwest Street are required to be insta ed durinq the first phase of construction in order to provide ade ate access and traffic control. 10. A recorded py of the "Agreement of Covenants, Conditions, and Estab- lishment o estrictions and Grants of Easements" between Business Properties d William Landis shall be submitted to staff for review and approva The document shall require architectural compatibility between th wo proposed developments and mutual easements and access through and cross common areas. 11. In order to inimize traffic conflicts on Goldenwest and Warner, the developer a 11 be required to construct center medians as shown on the plot pl The medians shall be landscaped and have architectural amenities i accordance with current City standards. 12. All future tructures on the site shall be architecturally compatible with the fi t phase of development. 13. A detailed ergy-efficient lighting plan shall be submitted to staff for review d approval. 14. Parking lot t the rear of Buildings E, F, and G shall be used for employee pa ing since it is not a convenient location for customers' use. ,v 14 January 26, 1982 Page 3 FUNDING SOURCE: Business Properti ALTERNATIVE ACTIONS: The Redevelopmen gency may choose to: 1. Not approve 2. Approve the 1 3. Direct staff 4. Direct staff development information, ATTACHED INFORMATION 1. Conceptual P JWP:FW:df conceptual plans and suggested conditions. s with no conditions. modify the conditions. conduct further analysis of the proposed r the developer has submitted more detailed then report back to the Redevelopment Agency. REQUEST FOR CITY COUNCIL ACTION Submitted b� City Attorney Department Legal Date Prepar August 26 1980 Backup Material Attached 0 Yet No Subject A Bement between Cit and L.C. Smull re ardin reimbursement to c y of costs for possible reacquiring of easements to be oned in the Warne r/Goldenwest Rec.evelonnent City Administrator's Comments Approve as rccommcn CIL, S ement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: ..'ATEi:EN' F ISSUE: L.C. Smu the redeveloper of the Warner/Colden4est Redevelopment Project, desires t city to abandon certain paper street public easements pursuant to the re elopment agreement between the city and redeveloper, so that it may me e, as soon as possible, its existing parcels of land with parcel:, u er condemnation action for redevelopment purposes. Huntingto each Redevelopment Agency has received court orders for the immediate Ossession of the condemnec's parcels. The price of parcels is to be det fined in the still pending condemnation action. Certain condemnees have file cross complaint against Huntington Beach Redevelopment Agency alleging public purpose. That suit is of doubtful merit and will most likely fa However, to protect the city from any risk at all in the event it might. a to reacquire the proposed abandoned easements and thereby incur sonic cost the attached agreement for reimbursement of the city by the redevelop has been prepared for Council action. RECOMMEND ON: Approve t agreement to protect the city from in;arrnp possible future coats in the ev city may have to reacquire unimproved public easements. ALTER14AT ACTIOi;: Disappro he agreement, and hope that the condemnees are not successful in their cro complaint against the Huntington Beach Redevelopment Agency. no we e Cy of Huntington Beach ( j P.O. X Ito CALIFORNIA 92644 �1 OFFICE OF THE. CITY CLERK October 7, 1980 Mr. L. C. Smull 17631 Fitch Irvine, CA 92714 The City Council 011the City of Huntington Beach at its regular meeting held Monday, Octob4Z 6, 1980 approved an agreement with you relative to the Warner/Golde t Redevelopment Project. Enclosed is a dulyWecuted copy of said agreement for your records. Alicia M. Wen City Clerk AMW:CB: cd cc: Gail Hutton, CIty Attorney Jire Palin, De opment Services Director Paul Cook, Put&lc Works Director EQUEST FOR, CITY COUNCIL ACTION 10 L Submitted by lu1 E. Cook` _ Department Public Works Date Prepared - 12, 1990 ig_ Backup Material Attached a Yn No Subject Conve nce of Real Property to Effectuate Participation Agreement — City Administrator's Comments Co 4,vc * L Re s . No - q s 76 ALasmended. �G- Reg, /(%, ,21 aeAqStatecommendation, Analysis, Funding Source, Alternative Actions: tkC/ Zcazemenc UL15bue: L The City is o igated under the participation agreement for the warner/ v Goldenwest re velopment project to convey City owned lots in the project area to the P ticipant under the agreement, L. C. Smull. The attached resolutions ld authorize the transfer of the property to the redevelopment agency and su equent conveyance to Smull. Recommended A ion: Adopt the att hed resolutionsand authorize their execution by the Mayor and City Cler Anal sits: TTe City acq ed 13 small lots in the area to be rer?eveloped by tax collec- tor's sale iri 961. The lots were originally acquired for possible inclusion in Murdv Par although the park boundary was established to the north of these 13 lot nd they were not included or used for park purposes. The participa on agreement between the City and L. C. Smull covering re- development this area reauires that the City sell the lots to Smull at fair market ue. The City has obtained an appraisal of the subject property from Cedric A White M.A.I. and determined the value to be $91,400.00. This amount to be id by Smull upon conveyance of the property can then be credited to t City's General Fund from which the lots were originally purchased. Funding Sour None reauire PEC:CBD:jy , RESOLUTION NO. 4876 A SOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNSINOTON BEACH APPROVING CONVEYANCE OF CERTAIN RE PROPERTY TO THE REDEVELOPMENT AGENCY TO EF- FE ATE THE PARTICIPATION AGREEMENT BY AND BE- T N THE REDEVELOPMENT AGENCY OF THE CITY OF HU INGTON BEACH AND L. C. SMULL The C Council of the City of Huntington Beach hereby resolves a follows: SECTI 1. The City Council of the City of Huntington Beach find and declares that it is in the common benefit to convey cer in city -owned real property to the Redevelopment Agency of City of Huntington Beach and hereby approves sale of su city -owned real property, more particularly de- scribed as ollows: All 0 hat certain property in the city of Hunti ton Beach, County of Orange, State of Cali- forni escribed as follows: Lots 103, 104, 115, 116 of Block "C" and Lots 32, 5 61, 62, 63, 64, 74, 92, 96 of Block "D" of Tract 2, as shown on a map recorded in Book 16, page f Miscellaneous Maps, records of Orange Count California. Upon' veyance of the subject real property, pursuant to said Parti ation Agreement, the city shall be paid the purchase price ther , in the sum of Ninety -One Thousand Four Hundred Dollars ($ 400). SECTI 2. Pursuant to California Government Code section 65402, a p is meeting was held before the Planning Commission at which t e it was determined that the Redevelopment Plan for the Warner bldenwest Small Lot Redevelopment Project conformed to the cit general plan. SECTI 3. That the sale of such real property shall be ' pursuant t he Redevelopment Plan adopted by Ordinance No. 2212 RCS:bc 1. 5/9/80 �j lie and paragr 104 et seq. of the Participation Agreement by and betxee he Redevelopment Agency of the City of Huntington Beach and C. Smull, dated January 5, 1978. PASSE ND ADOPTED by the City Council of the City of Huntington each at a regular meeting thereof held on the 19th day of May 980. ATTEST: ALICIA M. MEN RTH, CITY CLERK Deputy ty C1 k REVIEWED A APPROVED: C y dministrator i 2. APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public orW ks � A I kul -P Imo)! )-- , 00 - 71 ED, -A H Am a No: , 48767 STATE. OF CALI15"IA ) COUNTY OT OXME CITY OT HUNTI ON BEACH ) I, ICIA M. WENTWORTH, the duly elected, qualified City Clerk of the ty of Huntington Beach, and ex-officio Clerk of the City Council maid City, do hereby certify that the whole number of members of th City Council of the City of Huntington Beach is seven; that the fore ing resolution was passed and adopted by the affirmative vote of more an a majority of all the members of said City Council •t a regular meeting thereof held on the 19th day of Ma , 1980 , by the following vote: AYES NOES: Colmen: rn ABSENT: Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, /California By: (L'x.uG �uLlktr./ Deputy