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HomeMy WebLinkAbout1995-09-13 - Grant HUNTINGTON BEACH CITY SCHOOL DISTRICT • TH1 r" :" iii releG�rFtD By AN *W _ NEDASTO �r a p # WW Recorded in the Co4Ity of Or ane Otder No. 9436671-EB ffGary L. Granville, Glerk/Recordertifornia Escrow No. 9562551KMS IIIIII�IIIIII�IIIIIIIIIIIIII�III�IIIIIIIIIIIIIIIIIIIIIII�IIIIIIII No Fee 004 10000487 10 16 19950414768 1;48pm 09/22/95 G02 5 04 0.00 7.00 12.00 0.00 0.00 0.00 20.00 20.00 0.00 WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 This office i8 exempt trom fitirg fees under GOVWnMrd CWO§6103- No Tax Due Per Wde 11922 AF- GRANT DEED AF FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, N HUNTINGTON BEACH CITY SCHOOL DISTRICT, WHO ACQUIRED TITLE AS HUNTINGTON BEACH SCHOOL S DISTRICT OF ORANGE COUNTY CALIFORNIA; HUNTINGTON BEACH SCHOOL DISTRICT OF THE COUNTY OFr ORANGE STATE OF CALIFORNIA; HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY A PUBLIC {J;r CORP., AND HUNTINGTON BEACH GRAMMAR SCHOOL DISTRICT hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, The real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "All ATTACHED HERETO AND MADE A PART HEREOF THE SUBJECT PROPERTY SHALL BE USED INDEFINITELY FOR RECREATIONAL PURPOSES WHICH ARE COMPATIBLE WITH THE CITY OF HUNTINGTON BEACH CITY SCHOOL DISTRICT'S USE OF ITS ETHEL DWYER MIDDLE SCHOOL AND AGNES SMITH ELEMENTARY SCHOOL SITES. THE CITY SHALL NOT MATERIALLY CHANGE THE USE OF THE SUBJECT PROPERTY WITHOUT THE WRITTEN CONSENT OF SUCH DISTRICT, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. THIS COVENANT SHALL RUN INDEFINITELY WITH THE LAND FOR THE BENEFIT OF TT-1•E ETHEL DWYER MIDDLE SCHOOL SITES. Dated September 13, 1995 HUNTINGTON BEACH CITY SCHOOL DISTRICT BY: TITLE: MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 926-18 j} 'a a Piam EXHIBIT "A" Lane_ua_ee Comilwment OR-9436671 TITLE OFFICER- BOW'EN LEGAL DESCRIPTION FOR THE CITY GYM & POOL ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF IfU TINGTON BEACH, DESCRIBED AS FOLLOWS: A PORTION OF LOT C OF TRACT NO. 260, AS SHOWN ON A MAP RECORDED IN BOOK 13, PAGE 34 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TOGETHER WITH PORTIONS OF BLOCK 715, SIXTEENTH STREET AND BLOCK 716 AS SHOWN ON MAP OF WESTLY HEIGHTS, AS RECORDED IN BOOK 4, PAGE 23 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF PALM AVENUE AND 17TH STREET AS SHOWN ON THE MAP OF SAID TRACT 260; THENCE SOUTH 48' 41' EAST 282.47 FEET ALONG THE CENTERLINE OF SAID PALM AVENUE; THENCE NORTH 41' 19' EAST 30.00 FEET TO A POINT ON THE NORTHEASTERLY LINED OF SAID PALM AVENUE; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 41' 06' 18" EAST 229.00 FEET; THENCE SOUTH 48' 41, EAST 149.00 FEET; THENCE SOUTH 41' 06' 18" WEST 229.00 FEET TO SAID NORTHEASTERLY LINE OF PALM AVENUE; THENCE NORTH 48° 41' WEST 149.00 FEET ALONG SAID LINE OF PALM AVENUE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERALS, PETROLEUM,ASPHALTUM,BREA, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, UPON OR UNDER THE LANDS HEREINABOVE- DESCRIBED, TOGETHER WITH THE RIGHT TO DRILL FOR, PRODUCE, EXTRACT AND REMOVE THE SAME, AS RESERVED BY THE HUNTINGTON BEACH COMPANY IN DEED RECORDED JANUARY 13, 1925 IN BOOK 557, PAGE 162 OF DEEDS OF ORANGE COUNTY. 1?,S DEPICTED ON EXHIBIT "B" PAGE 4 CALIFORNIA ALL-PURPObACKNOWLEDGMENT State of CA �f, :^ County of 0('r/1.1V A hh T. Q�I �Cew1a rc /oar u `c On �� I� - �S before me, �" ��� ,etiV Date NarAe and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared S. c"a N 6 r Name(s)of Signer(s) ❑personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/94e/tfty executed the same in his/hef/tfi 4authorized capacity(ies),and that by rritJ;oo�c3-axuoo his/her/their signature(s)on the instrument the person(s), /lM0039000 or the entity upon behalf of which the person(s) acted, oNMM3—a1gnd A04ON z Mptlol#ymo executed the instrument. MWEIM TANOHINV i 5g`t WITNESS my hand and official seal. Cj Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 6n,6i Document Date: ! - t 5-' q S Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 01994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated September 13, 1995 from HUNTINGTON BEACH CITY SCHOOL DISTRICT, WHO ACQUIRED TITLE AS HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY, CALIFORNIA; HUNTINGTON BEACH SCHOOL DISTRICT OF THE COUNTY OF ORANGE, STATE OF CALIFORNIA; HUNTINGTON BEACH SCHOOL DISTRICT OF ORANGE COUNTY, A PUBLIC CORP., AND HUNTINGTON BEACH GRAMMAR SCHOOL DISTRICT to THE CITY OF HUNTINGTON BEACH, a municipal corporation is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: September 21, 1995 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITY CLERK By: Deputy City Clerk (Telephone:714-536-5227) 23- 10 ` . EXHIBIT "B" U01 / 200' t-- k, w cc C 19 AGUA D 1� — (PVT. ST 1� i TRACT PoR- Lor c AGNES L. SMITH ELEMENTARY SCHOOL NO. 260 9.63 AC. �y CRIES BLKS 7I5,B/S,PORS 716, 816 � Huv'r/NGrpt,BEACH, WESLEY HEIGHTS N BL K 7/4, H.S., WESLEY PARK SECFION C /0.95 AC. /y9' i . IDDL E SCHOOL mac' 7S' - - P D'E7Vq --o-- NOTE — ASSESSOR'S BLOCK B ASSESSOR'S MAP PARCEL NUMBERS BOOK 23 PAGE /0 24-01 SHOWN /N CIRCLES COUNTY OF ORANGE DO Council/Agency Meeting Held: 3-�;t 0 —95- Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied 17 City Clerk's Signature Council Meeting Date: 03/20/95 Department ID Number: CS-95-007 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis ��--- PREPARED BY: RON HAGAN, Director, Community Services/ SUBJECT: ACQUISITION OF CITY GYM AND POOL PROPERTY AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE 1988 CALIFORNIA WILDLIFE, COASTAL AND PARKLAND CONSERVATION ACT FOR THEE GYM AND POOL " &6 71 3 _-Ao- 9s— Statement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment(s) Statement of Issue: There is an opportunity for the city to utilize a 1988 California Wildlife, Coastal and Parkland Conservation Act grant to acquire the Huntington Beach City School District property upon which the City Gym and Pool building sits. Funding Source: 1988 California Wildlife, Coastal and Parkland Conservation Act Grant. State grant does not require a city match. Recommended Action: 1. Adopt attached resolution approving the utilization of grant funds under the 1988 California Wildlife, Coastal and Parkland Conservation Act for the renovation of the City Gym and Pool and to acquire the Huntington Beach City School District property upon which the City Gym and Pool building sits. AND 2. Approve purchase of the Huntington Beach City School District property on which the City Gym and Pool building sits for $437,000 with monies from the 1988 California Wildlife, Coastal and Parkland Conservation Act. Alternative Action(sf: Do not move forward with the acquisition of the property for the City Gym and Pool and continue to pay $30,000 annual rent out of the General Fund to the Huntington Beach City School District. The grant would then continue to be used for renovation of the City Gym and Pool i u r _ V � R%UEST FOR COUNCIL ACTIN MEETING DATE: 03/20/95 DEPARTMENT ID NUMBER: CS-95-007 Analysis: The City Gym and Pool building sits on property owned by the Huntington Beach City School District. The district is willing to sell the property to the city. The city and district selected an outside appraiser who evaluated the property. Based on this data, the city and school district staff have established a selling price of $437,000. The state has also reviewed the appraisal and concurs with the selling price relative to utilizing the 1988 California Wildlife, Coastal and Parkland Conservation Act. The state will advance the city the funding and no city match is required. On May 17, 1993, City Council approved a resolution applying for 1988 California Wildlife, Coastal and Parkland Conservation Act funds in the amount of $548,000 for renovation of the City Gym and Pool. The funding under the 1988 grant can be used to purchase this property, if the city so desires, by modifying the existing resolution to include not only the renovation, but also acquisition. Staff feels that it would be prudent business sense to acquire the land at this time because the state grant exists and because property values are depressed. Also, the city originally paid $1 per year during the first twenty-five year lease. Over the last six years, the city has been paying $30,000 per year to the school district for rental of this land. Rather than continuing to pay the $30,000 per year out of the General Fund, staff feels that the city should utilize the state grant to acquire the property, thereby, reducing the impact on the General Fund by $30,000 per year. The remainder of the $548,000 grant, after acquisition costs, would be utilized as part of Phase I renovation of the City Gym and Pool. This money will be added to the $500,000 in Community Development Block Grant Funds designated for this purpose. Environmental Status: Not applicable Aftachment(s): Page Numbev 1. Resolution GG 7/ 2. Appraisal 0010617.01 -2- 03/10/95 11:58 AM RESOLUTION NO. 6671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE,COASTAL,AND PARKLAND CONSERVATION ACT OF 1988 FOR THE LAND ACQUISITION AND RENOVATION OF THE CITY GYM AND SWIMMING POOL WHEREAS,the people of the State of California have enacted the California Wildlife, Coastal and Parkland Conservation Act of 1988,which provides funds to the State of California and its political subdivisions for acquiring and/or developing facilities for public recreational and open space purposes; and The State Department of Parks and Recreation has been delegated with the responsibility for the administration of the program within the state, setting up necessary procedures governing application by local agencies under the program; and Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the state; and Said application contains assurances that the applicant must comply with; and The applicant will enter into an agreement with the State of California for acquisition or development of the project(s); NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. Approves the filing of an application for the Per Capita Grant Program under the California Wildlife,Coastal, and Parkland Conservation Act of 1988 state grant assistance for the land acquisition and renovation of the City Gym and swimming pool; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have sufficient funds to operate and maintain the project; and 4. Appoints the City Administrator as agent of the city to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on,which may be necessary for the completion of the aforementioned project(s). PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the loth day of March 1995. G�sz--- Mayor ATTEST: APPROVED AS TO FORM: City Clerk �.,ity A orneyREVIE AND INITIATEDAPP OVED: City Admi is ator k—`— Direct o Com Services 2 Res. No. 6671 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected,qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 20th of March, 1995 the following vote: AYES: Councilmembers: Harman, Bauer, Sullivan, Leipzig, Dettloff Green, Garofalo NOES: Councilmembers: None ABSENT: Councilmembers: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/kw/r-b4g Page 19 - Council/Agency Minutes -03/20/95 Motion For Meeting To Proceed Past 11:00 P.M. -Approved On motion by Garofalo, second Green, Council approved proceeding past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. (City Council)ACQUISITION OF CITY GYM AND POOL PROPERTY- RESOLUTION NO. 6671 -ADOPTED -APPLICATION FOR GRANT FUNDS UNDER 1988 CALIFORNIA WILDLIFE, COASTAL AND PARKLAND CONSERVATION ACT FOR CITY GYM AND POOL (650.20) The City Clerk presented a communication from the Director of Community Services regarding an opportunity for the city to utilize a 1988 California Wildlife, Coastal and Parkland Conservation Act grant to acquire the Huntington Beach City School District property upon which the City Gym and Pool building sits. A motion was made by Harman, second Green, to adopt Resolution No. 6671 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARKLAND CONSERVATION ACT OF 1988 FOR THE LAND ACQUISITION AND RENOVATION OF THE CITY GYM AND SWIMMING POOL."and approve purchase of the Huntington Beach City School District property on which the City Gym and Pool building sits for$437,000 with moneys from the 1988 California Wildlife, Coastal and Parkland Conservation Act. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) AMENDMENT NO. 2- POPPIN AND SHIER - ORANGE COUNTY BANKRUPTCY LEGAL SERVICES -APPROPRIATION OF FUNDS -APPROVED AS AMENDED AND MONTHLY BILLINGS TO BE SUBMITTED (600.10) The City Clerk presented a communication from the City Attorney regarding appropriation of an additional $100,000 to continue services of special bankruptcy counsel Poppin and Shier in connection with the Orange County Bankruptcy. The City Attorney suggested that the Agreement be modified on Page 2 to provide that the agreement shall not exceed fifty thousand dollars ($50,000)without further exp: .ss limitation.