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HomeMy WebLinkAboutLizak, Chester & Mary - 1989-05-15 y � o a REQ UEA FOR CITY COUNCIPACTION Date May 3, 1989 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City AdministratoMAPPRO ra+ c x Prepared by: Robert Franz, Deputy City Admin Y I COUNCI Subject: Redondo/Kovacs Street Easement `, tV 19-L. (n r C1 Consistent with Council Policy? kg] Yes [ ] New iTY �;Rx c.0 :_, Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: STATEMENT OF ISSUE: The City of Huntington Beach needs this triangular parcel for street purposes. RECOMMENDATION: Approve the City purchase of this easement for $10,000.00, and authorize the Mayor and City Clerk to execute necessary agreements. ANALYSIS: As a condition of the DDA between the City Talbert/Beach project area and the Developer, Redondo/Kovacs Partners, the streets of Redondo Circle and Kovacs Lane were to be properly joined at this partnerships expense. This triangular parcel in this easement purchase is the last parcel needed for the completion of the street. $57,340.50 was deposited with the City for this and other expenses by the partnership to complete the project. FUNDING SOURCE: Funded from Developer deposit in account #3118. ALTERNATIVE ACTION: Leave the street improvements incomplete. ATTACHMENTS: 1. Easement Purchase Contract 2. Plat Map �I (4000 PI O 5/85 • C,TY OF HUNTINGTON BEACH OFFICE OF THE CITY CLERK 20J0 MAIN S T BEET EASEMENT PURCHASE AGREEMENT F7UNTINGTON BEACH, CALIF. 92648 THIS AGREEMENT is entered into this day of A V , 1989 , by and between the CITY OF HUNTINGTON BEACH, a muni ipal corporation of the State of California, hereinafter referred to as "BUYER" , and CHESTER LIZAK and MARY E. LIZAK, husband and wife, hereinafter referred to as "SELLER" . The parties hereto agree as follows : SELLER, in consideration of the covlcnantu and agreements herein contained and made by SELLER, agrees to sell and convey unto the BUYER an easement, and the BUYER agrees to buy the easement in all that real property in the City of Huntington Beach, County of Orange, State of California, described as follows : The legal description of the real property and its plat are attached hereto and incorporated herein. The real property is also described as part of Assessor ' s Parcel number 159-301-04 (A portion) . BUYER agrees to purchase said easement for the sum of Ten Thousand Dollars ($10, 000 . 00) cash to be paid to the SELLER at the close of escrow. Said easement is to be recorded by the BUYER at the Orange County Recorder ' s Office. Payment of the purchase price is conditioned upon the SELLER delivering to the BUYER an easement title to this property free of any liens, encumbrances , other easements , restrictions , rights and conditions of record other than the current property taxes and existing Covenants , Conditions and Restrictions (CCRs) and public utility easements of record, if any, provided the same does not adversely affect the use of the property for the BUYER ' s purpose for which it is being purchased, unless such adverse effect is - 1 - approved by the BUYER before the close of escrow. Possession of said easement is to be given to the BUYER at the close of escrow. Oral agreements , if any, not contained herein are void . Time is of the essence of this agreement . This Agreement is executed by and between the parties hereto as of the date first written above. SELLER ' S ACCEPTANCE: Date:_ e11er - L zak Address : � T Seiler (- Mary E. izak Telephone ,mil y BUYER' S ACCEPTANCE: CITY OF HUNTINGTON BEACH 0 I ATING DEPARTMENT: a munici al corpo tion BY irector o dministr tiv • Mayor Services ATTEST: REVIEWED AND APPROVED: City Clerk City Administrator APPROVED AS TO FORM: • y_�' gy City Attorney 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On this /0— day of 19 C, before me, a Notary Public in and for said County and Ttate, personally appeared A%N r'S �e/� , known to me to be the Mayor of the City .of Huntington Beach, the municipal corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL -- �, BETTE BARILLA Notary Public-California 44 ORANGE COUNTY My Comm. Exp.Jan. 8, 1990 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: On this 17 day of 19 0 before me, a Notary Public in and for said County _aT3tState, personally appeared ►—k-n©wn—to—me—to—be—the—Mayo r- 4md 'Lk"'`-e- known to me to be the City Clerk of the City of HuntingtOW Beach, the municipal corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. ' OFFOAt.SEAL LA WA A. NELSON WYMM$L�FORNIA 10 - P Y , _ to • c1 ' 0 777- 77-- � f a L=."ti CJ r 11 1 C7 ;:::N V L frs ea d�,AY - REDONDO/KOVACS EASEMENT ? That portion of land lying within the N/W 1/4 of the N/W 1/4 of the N/E 1/4 of Section 35, To ,inship 5 South, Range 1 1 West, in the Ranch Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown-on a map recorded in Book 51, page 13 of Mis ellaneous Maps, in the office of the County Recorder of said County. Beginning at the centerline intersection of Talbert Avenue and the survey section line of Beach Boulevard, said point being the Northeast corner of said section. Thence, South 890 ` 09' 30" West, 1637.87 feet to a point, said point being the centerline intersection of said Talbert Avenue and Kovacs Lane; thence,South 00 44' 20" East 230.90 feet along the centerline of said Kovacs Lane to a point, said point being the beginning of a tangent curve concave to the northwest having a radius of 122.50 feet; thence southerly and Westerly along said curve through a central angle of 450 50' 56", an arc distance of 98.03 feet to a point on a tangent line; thence, South 450 06' 36" West, 407.89 feet along said centerline to a point, said point being the beginning of a tangent curve concave to the ,Northwest having a radius of 122.50 feet; thence Southerly and Westerly along said curve through a central angle of 440 04' 35", an arc distance of 94.24 feet to a point on a tangent line; thence, North 00 48' 49" West, 22.50 feet along radial line to a point, said point intersecting the Northerly right of way of Redondo Circle and being the True Point of Beginning. Thence North 890 11' 11" East, 72.83 feet to a point, said point being the intersection of the Easterly prolongation of said Northerly right of way line and the Easteriy line of said first mentioned N/W 1/4; thehcc North 00 !!4' 28" West, 31.36 feet to a point, said point intersection the North Westerly right of way of said Kovacs Lane; thence South 450 06'36" West, 4.60 feet along said Northwesterly right of way to a point, said point being the beginning of tangent curve concave to the Northwest having a radius of 100.00 feet; thence Southerly and Westerly along said curve through a central angle of 440 04' 35", an arc distance of 76.93 feet to a point on a tangent line, said point also being the True Point of Beginning. 89=358446 A.P. , �,301-04 (por of) RECO REQUESTED BY ; ! / �TY3 NTINGTONBEACH ;�ECORDEDINOFFICIALRECORDS EXEMPT OF ORANGE COUNTY,CALIFORNIA And when recorded mail to C17 City Clerk 4:00 JUL 6 1989 pkn City of Huntington Beach 11'f1 P,O.Box 190 � B Huntington Beach,California 92648 cS�ry �i ysdrrrift,RECoider CORPORATIO O15`A EMENT DEED d�ga. ­ FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, r r Original Musical Instrument Co., Inc., A Maryland Corporation do hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a perpetual easement and right of way for Street Purposes purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of Califronia, described as follows: and Exhibit "B" See Exhibit "A"/attached hereto and by this reference made a part hereof. This document is zolely for the i Tax-Exempt-Government Agency official business of the City CITY OF HUNTINGTON BEACH of Hunta.n,ton Beach, as eonte»}-+ Connie Brockway, CIVIC plated under Government Code City Clerk Sec. 6103 and should be recorded IBy: , free of charge. uty City Clerk AJ T�Fp"`t ttoTnel AYYRGv4,�1 Jt} i,Y GAIN' utY In Witness Whereof,said corporation has caused its corporate name and seal t affixed hereto and this instrument to be executed by its President and Secretary thereunto duly authorized. Original Musical Instrtmlents, Co., Inc. Dated:_v�A27 S f a Maryland Corp. '{�" ^ STATE OF CALIFORNIA SS By l COUNTY OF SPA I-Iy 6 President On •TUB 0?7 /��P9 before me,the under- BY ,Sy-� si ned, a Notary Public in and for said State, sonatl a J Secretary Pp Y PPeared /Y2 y F• L/ known to me(or )to be the President,and known tome to be Secretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named,and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws OFFICIAL SEAL or a resolution of its board of directors. KATHARINA KOONS WITNESS my hand and official seal. Oftry Public-Celllomle �/, � ORANGE COUNTY Signature LY«//�i - C myCamm.E xp.July 19,1991 lt. 77-1 / A nn wi Name(Typed or Printed) (This area for official notarial seal) 89=358446 J� ` city of Huntington Beach � P.O. BOX 190 CALIFORNIA 92648 `�9' DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated June 27, 1989 from Original Musical Instrument Co. , Inc. 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 : 6/28/89 CITY OF HUNTINGTON BEACH Connie Brockwa CMC Y City Clerk By: , z thence South 450 06136" West, 4.60 feet along said Northwesterly .right of way to a point, r�I EXHIBIT "A" - i F' Th2t portion of land lying within the N/W 1/4 of the N/W 1/4 of the N/E 1/4 of Section 35, To.,inship 5 South, Range 11 West, in the Ranch Las Bolsas, City of Huntington Beach, County of Orange, State of California, as shown-on a map recorded in Book 51, page 13 of Miscellaneous Maps, in the office of the County Recorder of said County. ' Beginning at the centerline intersection of Talbert Avenue and the survey section line of Beech Boulevard, said point being the Northeast corner of said section. Thence, South 890 z 09' 30" West, 1637.87 feet to a point, said point being the centerline intersection of said Talbert Avenue and Kovacs Lane; thence,South 00 44' 20" East 230.90 feet along the centerline of said Kovacs Lane to a point, said point being the beginning of a tangent curve concave to the northwest having a radius of 122.50 feet; thence southerly and Westerly along said curve through a central angle of 450 50' 56", an arc distance of 98.03 feet to a point on a tangent line; thence, South 450 06' 36" West, 407.89 feet along said centerline to a point, said point being the beginning of a tangent curve concave to the Northwest having a radius of 122.50 feet; thence Southerly and Westerly along said curve through a central angle of 440 04' 35", an arc distance of 94.24 feet to a point on a tangent line; thence, North 00 48' 49" West, 22.50 feet along radial line to a point, said point intersecting the Northerly right of way of Redondo Circle and being the True Point of Beginning. Thence North 890 1 P 11" East, 72.83 feet to a point, said point being the intersection of the Easterly prolongation of said iNortherly right of way line and the Easterly line of said first mentioned N/W 1/4; thence North 00 44' 28" West, 31.36 feet to a point, said point intersection the NorthWesterly right of way of said Kovacs Lane; thence South 450 06'36" West, 4.60 feet along said Northwesterly .right of way to a point, said point being the beginning of tangent curve concave to the Northwest having a radius of 100.00 feet; thence Southerly and Westerly along said curve through a central angle of 440 04' 35", an arc distance of 76.93 feet to a point on a tangent line, said point also being the True Point of Beginning. 2029g siggned, a Notary Public'in and for said State, personally appeared M.40 ✓ .c_ L/ 7.q-L/ known r 89=358446 P i c�1 o 0 i 7/7' r EDe-l's-MNa Ppqv>r - — --- A / PF1 VF— AprF,:,-�V ' ..D CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK June 5, 1989 Chester Lizak & Mary E. Lizak 18108 Redondo Circle Huntington Beach, CA 92648 Enclosed is an executed copy of Easement Purchase Agreement, A. P. 159-301-04, which was approved by the City Council of the City of Huntington Beach on May 15, 1989. Connie Brockway, CMC City Clerk CB:bt Enc. (Telephone: 714-536-5227)