HomeMy WebLinkAbout2003-01-10 - Grant BARBARA J. ATKINSON, BOTH IN HER INDIVIDUAL CAPACITY AND AS EXECUTRIX OF THE ESTATE OF BARBARA BOMANN RECORDIN9 REQUESTED BY:
City;of Huntington Beach Z ) 4
Real Estate Services Department
T i Recorded in Official Records, County of Orange.
P.O. Box 190/ 2000 Main Street
Tom Daly, Clerk-Recorder
Huntington Beach, CA 92648 II I I I! IIII Illli IIII II I II I IIII IIII I11111 it IIIII IIIII NO FEE
WHEN RECORDED MAIL TO: 200300007540102:54pm 01/21103
Connie Brockway, City Clerk I l 1 49 G02 2
City of Huntington Beach
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
: ;__
P.O. Box 190/ 2000 Main Street
Huntington Beach, CA 92648
INCORPORATED AREA GRANT DEED DOCUMENTARY TRANSFER TAX$'EXEMPT
APN(s): 111-150-25 —
Location:Corner Main Street&Clay Avenue Signature of Declarant or Agent determining tax _
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, �; Q,u�;
BARBARA J. ATKINSON, both in her individual capacity and as
Executrix of the Estate of Barbara Bomann �'s
hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, all of the interests o�
Pa P � �1
held by said individual and by said estate in the real property in the City of Huntington Beach, County
of Orange, State of California, described as follows:
Lot 22 in Block B of Garfield Street Addition to Huntington Beach, as shown on
a map recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps, records of
Oran a ounty, Califor
Dated: , 2003
CI r of the Court
Unitdd States Bankruptcy Court
Central District of California
Northern Division, Santa Barbara, California
NOTE: The Clerk of the Court is executing this Grant Deed pursuant to Paragraph 3 of that certain
bankruptcy court Judgment filed on August 29, 2000, and entered on August 31, 2000, in the Chapter 7
matter of In re Barbara Atkinson, Debtor, Case No. ND 95-110147R (Adversary No. 00-01004).
DEED CERTIFICATION—CITY OF'HUNTINGTON'BEACH APP VED AS TO FORM BY THE OFFICE OF CITY ATTORNEY
This is to certify that the interest in real property conveyed by the Deed
dated j�pu a_, 2002, from the CLERK OF THE FEDERAL By. 2 (12I Z
BANKRUPTCY COURT on behalf of Barbara 1. Atkinson, both in her Special Counsel, City of Huntington Beach
individual capacity and as executrix of the Estate of Barbara Bomann to
the CITY OF HUNTINGTON BEACH is hereby accepted by the This document is solely for the official business of the City Of
undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, as contemplated under Government Code Sec.
Huntington Beach pursuant to the authority conferred by Resolution
No. 3537 of the City Council of the City of Huntington Beach adopted 6103 and should be recorded free of charge.
on August 7, 1972,and the grantee consents to the recordation thereof
by its duly authorized officer. Tax Exempt Government Agency
CITY OF HUNTINGTON BEACH
CITY OF HUNTINGTON BEACH Dated:sTA�, Connie Brockway,City Clerk
CONNIE BROCKWAY,CMC
CITY CLERK/
c/ By:
/��L� City Clerk
By: L ilvuJ
city Clerk
MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE
Connie Brockway, City Clerk City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach CA 92648_
�"r -
Project Name: Gothard St. Widening/Realignment APN(s): 111-150-25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of
County of l_4� A
///0
On before me, V�� w� personally
Date 0 Name Title of Officer(i.e,Jane Doe Notary Public)
appeared D'14/ T)
Name(s)of Signer(s)
— —�r--personally-known to me—OR E--proved`to me on-the-basis of satisf6_c_t6ry evidence fo be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
OLIVA A. WEST instrument.
Commission#1291683
Notary Pub0c-Colifomia ; WITNESS my hand and official seal.
Los Angeles County (n 11N n. - w�
J■�^ MyCa►nm.E>�ies.Jon21,2005 ll�1GG�) T`
Signature of Notary
----------------------------------------OPTIONAL---------------------------------------
Though the data 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
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Seller(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 Right Thumbprint of ❑ Attorney-in-Fact Right Thumbprint of
Signer Signer
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other ❑ Other
Signer Is Representing: Signer Is Representing:
�SpIV �O API- I "ca-4- 98-3
n .--- n 2 Y c) W h-e e(t
RESOLUTION NO. 9 8- .
R��
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH
DECLARING THE PUBLIC INTEREST AND NECESSITY.OF
`ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON
GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
IDENTIFIED AS ASSESSOR'S PARCEL.NO. 111-150-25
FOR THE PURPOSES OF CONDUCTING
ROADWAY IMPROVEMENTS
WHEREAS, the City of Huntington Beach is authorized under the provisions of its
charter and under the provisions of Sections 37350.5 and 40404 of the California
Government Code to acquire property by eminent domain for public purposes, and
specifically for;street improvements; and
The City of Huntington Beach has been investigating the acquisition of various
interests in property, including a fee title interest in certain property on Gothard Street,
identified as Assessor Parcel No. 111-150-25.
The "Project" for the purposes„of this:acquisition,consists of the widening and
improving of Gothard Street; and .
On April 10, 1998, after no less than 15 days written notice.to,the record owners of
the property'referenced above and more specifically described in the legal description and
sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal
description and sketch are incorporated herein by reference, the City Council of Huntington
Beach held a hearing for the purpose of allowing the record owners of the property a
reasonable opportunity to appear and be heard on the following matters:
(a) Whether the public interest and necessity require the project;
(b) Whether the project is planned or located in a manner which is most
, . compatible with the �e atest public good and the least private,in'u
rY�
(c) Whether the property proposed to be acquired is necessary for the project;°and
(d) Whether the offer required by Government Code Section 7267.2 had.been
given; and
On that same date, the owners of the Property were also given a reasonable
opportunity to appear and be heard on whether the City has met the procedural prerequisites
to the exercise of eminent domain; and
The City Council, as a result of such hearing, has determined that the public health,
safety, and welfare require that the City acquire various interests in the,Property more
790/003921-0017/3157796.1 a04/10/98 -1-
98-3
particularly described herein ("Property"), for-the purposes of widening and improving
Gothard Street; and
The Project for which the Property to be acquired is sought has previously been,
reviewed under applicable'environmental review procedures, including EnvironmentalImpact
Report`No. 89=1.,"approved January 8, 1990; and
NOW, THEREFORE,BE IT RESOLVED, THAT THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH,`HEREBY DOES FIND, DETERMINE, AND
DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS:
Section 1. The property to be acquired is located within the City of Huntington
Beach, County of Orange, State of California, and is located on Gothard Street, and
otherwise identified as Assessor's Parcel No. 111-150-25. The Property the City seeks to
acquire, and the Property interests sought, consist of the following:
A. Fee simple title to the full square footage of Assessor's Parcel No. 111-150-
25.
Section 2. The public interest and necessity require the Project, in that the.City.'..,s:-:,
General Plan, and specifically the Circulation Element, calls for the:expansion of Gothard
Street in the manner contemplated by the Project:' ;In addition;•the Gothard Street widening;
is designed to relieve traffic congestion and:'increase the capacity of the street,,which.:will,
require,continuity in the roadway alignment and traffic handling capacity of the street.
Section 3. The Project is located in a manner most compatible with the greatest;
public,good and'least private injury, in that the design of the roadway widening must of
necessity occupy land which is immediately adjacent to the existing roadway, in order.to
maintain the continuity of the alignment of'the road for,all users. The Project is designed,-,in,"
a manner compatible with the greatest public-good, in that the Project will involve road..-_
widening which will enhance the utility of the area by improving traffic safety and circulation
for all those travelling on Gothard Street. The Project will result in the least private injury
in that- where possible consistent with safe roadway design restrictions, the property chosen .
for potential acquisition.was done so..to minimize the number of property owners affected,
and to avoid impacts to residential properties.
Section 4. The property to be acquired is necessary, for the Project, in that the
roadway widening must occur on.property immediately adjacent to the existing roadway. .
Section 5. The offer required by Government Code Section 1267.2 has been made
to the record.owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has.
attempted.to negotiate with the record owners subsequent to this offer, but such negotiations
have not proved successful in securing the'necessary property interests outside of more ;
formal proceedings.
Section 6. To the extent any of the property to be taken herein is devote&to a
public,use, the City finds that the proposed use for the Project is compatible with, or more
780/003821-0017/3157796.1 304/10/98 -2-
• i 98-
necessary to, such public use, and that the City is authorized to acquire the Property pursuant
to Code of Civil Procedure § § 1240.510 and 1240.610.
Section 7. The Project has been reviewed and approved under the California
Environmental Quality Act by way of certification.of Environmental Impact Report..No. 894;
approved January 8, '1990,,and the City. Council finds and determines -that'since the time.of.
that certification there have been no subsequent changes with respect to,the circumstances.,
under which the Project is to be undertaken, no new information of substantial importance
regarding significant effects or mitigation measures or alternative which has become
available, and no subsequent changes have been proposed in the Project which would require
important revisions to the previous environmental impact reports, such that no further
environmental review attending this proposed acquisition is necessary.
Section 8. The City Council hereby declares it is its intent to acquire the full fee
interest in the above-referenced property in the City's name in accordance with the
provisions of the laws of the State of California. .
Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker
is hereby authorized and directed to prepare, institute, and prosecute in the name of the City
such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for
the acquisition of the fee interest to such property. Said counsel are also authorized and
directed to obtain any,necessary order of the.Court granting,the City.the,right of prejudgment
and immediate possession and occupancy`of the propertyy.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of April, 1998.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney Ii `
Viz` 9� y 90
REVIEWED AND APPROVED: INITIATED AND APPROVED:
O t
City AdAirnistrator Director of/Public Works
780/003821.0017/3157796.1 904/10/98 -3-
• 98-3
_. ..... OR-9262862'
DESCRIPTION
THE LAND REFERRED TO IN THIS:-REPORT �?IS SITUATED..- IN THE . STATE OF.;-.
CALIFORNIA, :COUNTY ' OF : ORANGE;' . CITY OF. HUNTINGTON. .BEACH, ,.;AND -.IS
DESCRIBED` AS FOLLOWS: .
LOT -22. IN BLOCK .B OF,GARFIELD. STREET. ADDITION _TO HUNTINGTON BEACH,
AS . SHOWN ,.:ON .A MAP. RECORDED IN BOOK . 7, PAGES' '27':AND '28 ' OF
MISCELLANEOUS 'MAPS, RECORDS OF ORANGE COUNTY; CALIFORNIA.
PAGE 5
EXHIBIT
'.' fool
co 159-28 f
t I
KOGGY . STREET $
•.• •r ... i fa.r i74.r 1 i•e' J J JI de li,
Zs
G RFIEL0 STREET
W
Q --y i h
• `•} O � N� J/ i Ao m ?
t
o
'•. cu
OB
/I /1
t 14
i� a ,tee
• - ry ;, m
•
se ar•. IS 16 17 „•a rB - 4 1 no•... '' \ 7j •\ '
/.17AC
O 47 i� r� . W
AMMON
ta
u.
se
• 13 I 1 '
ti ...• .,�u• s.» sa.rr' ►i r?' �rr• •,.n• a..L. M toy
CRYSTAL i —.A� STREET 3
•a
14 ,
GARFIELO STREET ADDITION M.M.7.2728 NOTE— ASSESSOR'S BLOCK 9 ASSESSOR'S MAP
MARCH, /95/ j PARCEL 'NUMBERS BOOKIII PAGE 1.5
SHOWN IN CIRCLES COUNTY Of ORANGE
tt, �!r!'!rk•, .. ..warwrtaarur n - - --- 'a•w.r►.••.,.•. ..
Res.No. 98-31
STATE OF CALIFORNIA )
COUNTY OF ORANGE.
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 d-majority of all-the members of said City Council
at a regular meetingg,thereof held on the 20th day of April, 1998 by the following ;
vote:
AYES: Harman, Green, Dettloff, Bauer,.Sullivan, Garofalo
NOES:
ABSENT: Julien
City Clerk and ex-officio Clerk of the
City Council the City of Huntington
Beach, California
G/reso1utVresbkpg/97-80