HomeMy WebLinkAboutM.S. VICKERS II, LLC - 1997-09-15Recording requested by, and �-
when recorded, mail to: Recoraeq in the county
Gary L. Granville,clerk/Recorderisfornia
City of Huntington Beach IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
2000 Main Street IIIIIIIIIIIIIIIIIIIIIIIIIIII No Fee
Huntington Beach, CA 92648 19970503207 2; 01pm 10/08/97
C346A3810012.0
07926 00.00 27.00 0.00 0.00 3 Attn: City Clerk 0.00 0.00 0.00 0.00
RTIFICATE OF _CONSENT TO THE SALE OF PROPERTY AND
THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH
MS VICKERS II. L.L.C. AND
BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by
and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast
Homes, a California corporation, and Garfield Partners, a California corporation (collectively,
"Developer"), was recorded in the Official Records of Orange County, California as Document
No. 90-599766; and
On May 6, 1996, the City Council of the City of Huntington Beach gave its consent to the
sale of property and assignment of the Developer's rights, -duties and. obligations arising under
the Agreement from Pacific Coast Homes to PLC and MS Vickers II, L.L.C.; and .
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers
acquired all right, title and interest in and to.that certain property described in the legal
description and sketch collectively attached hereto as Exhibit "A," and incorporated by this
reference as though fully set forth herein (hereinafter referred to as the "Property); and
MS Vickers desires to sell the Property, which is a portion of the entire site covered by
the Agreement, to Bobbie G. Williams and Vallee J, Williams, individuals hereinafter
collectively referred to as "Buyer," and to assign certain of the Developer's rights, duties and
obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
This document is solely for the
4/sTMAgreeMilliam official bua.ineSS of the City
RLS 97-388 of Flunt:.r::.-ton. Re!koh, aS oontoM-
7/3/97 plated ti_'i:.ler Got —patent- Code:
See. 6103 and should be recorded
free of charas.
fak-tempt-Government Agency
CITY OF HUNTINGTON BEAC
BY:...
. .........................
Deputy City Clerk
Prior to making the dedications and improvements required herein, Developer
may sell, assign or transfer the Property in whole or in part with the consent of the
City, such consent not to be unreasonably withheld. City's consent will not be
required if such assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and obligations arising
under this Agreement insofar as such rights, duties and obligations are applicable
to the Property or portion thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers to Buyer, and Buyer
wish to memorialize his acknowledgment of all his rights, duties and obligations he shall assume
upon the sale. of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers and the Buyer do hereby agree and
acknowledge as follows:
1. CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers to the Buyer, as described in the document
attached hereto as Exhibit `B," and incorporated by this reference as though fully set forth
herein.
3. . ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, he accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
Balance of page intentionally left blank
2
4/s: MAgree:William
RLS 97-388
7/3/97
4. RELEASE OF MS VICKERS
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, MS Vickers shall
have no further obligations arising out of any acts, omissions, or events occurring subsequent to
the effective date of the transfer.
MS VICKERS II, LLC,
a Delaware limited liability company
(TypVJ9 Print°NW
Its (circle one) Chairman of the Board,/President/
Any Ge Presiders
1, u
By:
(Type or Printame)
Its (circle one SPeffinanciall
Any Assistant Secretary/
Officer/Any Assistant
Treasurer
BUYER:
BOBBIE G. WILLIAMS AND
VALLEE J. WILLIAMS
TRUST UDT 10/22/77
bb'e G. Wi liams, Trustee
Vallee J. Williams, rustee
4/sTMAgree: W illiam
RLS 97-388
7/3/97
CITY:
CITY OF HUNTINGTON BEACH
a municipal corporation of the
State of California
ATTEST:
City Clerk
APPROVED
AS TO FORM:
ity, ttorney6C4�
INITIATED AND APPROVED:
Director of Comrrdmity Development
REVIEWED AND APPROVED:
74t4yt3dministrator
LJ
EXHIBIT "A"
DESCRIPTION OF REAL PROPERTY
.All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOT 11 IN BLOCK D 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.
Assessor's Parcel Number 111-130-10
•
•
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
,RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS TRUST UTD 10/20/77
(BUYER)
FOR APN 111-130-10 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been
fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial
maintenance of neighborhood parks was assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations.
Section 2.2.3: Public Right of Way and Private Streetscape
Improvements.
2.2.3 (a): The obligation to dedicate property for public
right of way has been fulfilled by.MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to
improve and maintain perimeter landscaping, walls and signage
on the Property.
Section 2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the Property
were assumed by PLC at the time of the purchase of the Property by
MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees
levied pursuant to this section and applicable to the.
Property.
2.2.4 (g): Buyer will be responsible for payment of future
traffic fees, if any, imposed by ordinance and applicable to
the Property.
Section 2.2.5: Water. Sewer, Drainaae and Utilitv Improvements.
Obligations under this section were assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations, with the following clarifications.
2.2.5 (d): Buyer will be responsible for the undergrounding
of any overhead utilities on the Property at the time of
development.
2.2.5 (f): PLC has assumed the responsibility for
construction of the backbone "Green Acres" reclaimed water
project. Buyer -will -be responsible for the connection of
onsite irrigation systems to the Green Acres backbone system
for the use of the Property.
Section 2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations.
Section 2.2.7: Police.
Obligations under this section were assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations.
Section 2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may
be due HBCSD per the existing mitigation agreement as a result of
the development of the Property.
Section 2.2.9: Other Development Controls.
Not applicable to the Property.
Section 2.2.10: Fees.
Buyer will be responsible for the payment of any and all fees under
this section as a result of the development of the Property.
The intent of this Exhibit B as set forth hereinabove is to
provide the clarification of rights, duties and obligations under
Development Agreement No. 90-1 as they are applicable to the
Property being acquired by Buyer, and all costs such as fees or
obligations for improvements or school facilities shall refer only
to the apportioned and reasonable amounts that relate to the
Property acquired.
CALIFORNIA' ALL-PURPOACKNOWLEDGMENT
No.5907
State of
County of 0,-4, r a -e
On before me,�aei��'"��9,
DATE NAME, TITLE OF OFFICER, E. ., J• NE DOE, NOTARY PUf
personally appeared
NAME(S) OF SIGNE (S)
❑ -. K proved to me on the basis of satisfactory evidence
EUZABETH EHRING
COMM. S 1OD3397 x
z Notary Public — Colifornfa v
Z ORANGE COUNTY
My Comm. Expires AUG 29. 1997
to be the persons whose nameW +s/6jV
subscribed to the within instrument and ac-
knowledged to me that the executed
the same . in :!/their author' d
capacit ies and that by their
signatures) on the instrument the perso ,
or the entity upon behalf of which the
personggs acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
�L
SIGNATURE OF NOTARY
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
9 TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION 1)F ATTACHED DOCUMENT
G�� sf 7�k
r�s
C` of /� /ems ✓c/c-e .5� G<<x
1_So66f,GL� v OF DOCENT
C'Y EN4J/� s
�7
NUMBER OF PAGES
vGrl� 3 . /,9 2 z
DATE O DOCLfR
Tp AZ
De_ v- Zjr x
SIGN (S) THER THAN NAMED ABOVE
C1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
CALIFORNIA ALL-PURPOSACKNOWLEDGMENT
No. 5907
State of I(Ill A ram.' Dy
County of Zs knoele s
On Xpo f-gvx P��, 097 before me, f%ro%n,Q b¢- ,A!e -aoy 611011rc ,
DATE NAME, TITLE OF OFFICER - E.G., "JANE OE, NOTARY PUBLIC -
personally appeared irdn es je- crooks -I- , 4m� T LJi-ZmanA ,
NAME(S) 6F SIGNER(S)
4 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose namejej4sfare
subscribed to the within instrument and ac-
knowledged to me that h>r/bf /they executed
the same in h+sifmr/their authorized
capacity(ies), and that by bisfliei/their
VIRGINIABAM signature(s)on the instrument the s ,
COMM. # 1017546 person(s)
)
o
Notary Public -Callforr4a or the entity upon behalf of which the
LOS ANGELES COUNTY
My Comm.Ex;*esOCT17,1997 person(s) acted, executed the instrument.
VIRGINIARARM WITNES7my ndand official seal.
COMM. # 10175M
Notary Public - California
' LOS ANGELES COUNTY -
My COMM. Expires OCT 17..1997 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 reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
CALIFORNIA ALL-PURPS ACKNOWLEDGMENT
State of
County of
On before me, k % • Aiasdrt . lVofa-►'u %�u6L�U ,
Date Name and Title of Officer (a. "Jane Doe, Not&y Public")
personally appeared
Name(s) of Signer(s)
personally known tome — to be the person
whose named ieo subscribed to the within instrument
and acknowledged to me thattm#srh hD executed the
same in hi'sfhel he>�% authorized capacit es , and that by
k►er tatge i'signature(D on the instrument the person,
LAURA A. NELSON or the entity upon behalf of which the persorifs) acted,
ComrnlWont 1066M executed the instrument.
Notary RA AC — COAtomla
orange county WITNESS my hand and official seal.
My Comm. E)#tres Jul 23. 1999
Signature of Notary Public
O T/ONAL
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
fin_ a. As477,
�s�
Title or Type of Document:
/ !Z1 Viil� G•�.ca,,rP,6�1.L�J�LL�,�w /U �;.�,�
Document Date: - _/ �al 7 Number of Pages: %
Signer(s) Other Than Named Above: j& vreS R' /�,wr44 14m y J. UA5siruLn,13-blac� G. /,W
11"e z- J • /,,afar►, /�L�./a.H:e• S.
Capacity(ies) Claimed by Signer(s) r. Grp,- A -
Signer's Name: l2i4t.,P14 t4= 'gam &PP_
G Individual
El Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
�K- Other:
Signer Is Representing:
� �t�irlg/X-.,
Signer's Name: 601y'Af-1 6 1319ZCe�/
El Individual
Cl Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
❑ Trustee
El Guardian or Conservator
3-cOther: to oe�// -
Signer Is Representing:
0 1995 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
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 24, 1997
Gary L. Granville, County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
CALIFORNIA 92648
Enclosed please find Certificate of Consent to the Sale of Property and the Assumption
of Rights, Duties, and Obligations By and Between the City of Huntington Beach, MS
Vickers II, L.L.C. and Bobbie G. Williams and Vallee J. Williams to be recorded and
returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street,
Huntington Beach, CA 92648.
Please conform the enclosed copy and return to this office in the enclosed self-
addressed stamped envelope.
67w�
Connie Brockway, 49till
City Clerk
Enclosures
g:\followup\deedltr:MSVickers/Williams
G: \follow-up\deedltr: MS Vickers/Williams: jc
(Telephone: 714-536.5227 )
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND
THE ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH,
MS VICKERS II. L.L.C. AND
BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (Agreement) by
and between the City of Huntington Beach, a municipal corporation ("City"), and Pacific Coast
Homes, a California corporation, and Garfield Partners, a California corporation (collectively,
"Developer"), was recorded in the Official Records of Orange County, California as Document
No. 90-599766; and
On May 6, 1996, the City Council of the City of Huntington Beach gave its consent to the
sale of property and assignment of the Developer's rights, duties and.obligations arising under
the Agreement from Pacific Coast Homes to PLC and MS Vickers II, L.L.C.; and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers
acquired all right, title and interest in and to that certain property described in the legal
description and sketch collectively attached hereto as Exhibit "A," and incorporated by this
reference as though fully set forth herein (hereinafter referred to as the "Property); and
MS Vickers desires to sell the Property, which is a portion of the entire site covered by
the Agreement, to Bobbie G. Williams and Vallee J. Williams, individuals hereinafter
collectively referred to as "Buyer," and to assign certain of the Developer's rights, duties and
obligations under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
This document is solely► for the
4/s:PCD:Agree:WiIIiam Official b:ia n'-' ; 01 the city
RLS97-388 of i?u:Zt `::!rn Fe:°:._`], na contord-
7/3/97 plated r:r.::a :_ c , s: t:n►t�nt Co�O
Tax -Exempt -Government Agency
CITY OF HUi:TINGTON BEACH
By:...
Prior to making the dedications and improvements required herein, Developer
may sell, assign or transfer the Property in whole or in part with the consent of the
City, such consent not to be unreasonably withheld. City's consent will not be
required if such assignment is made to an affiliate of Developer. Any purchaser,
assignee or transferee shall have all of the rights, duties and obligations arising
under this Agreement insofar as such rights, duties and obligations are applicable
to the Property or portion thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers to Buyer, and Buyer
wish to memorialize his acknowledgment of all his rights, duties and obligations he shall assume
upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers to the Buyer, as described in the document
attached hereto as Exhibit "B," and incorporated by this reference as though fully set forth
herein.
3. ACKNOWLEDGMENT OF RIGHTS. DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, he accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
Balance of page intentionally left blank
2
4/s:PCD:Aeree:WiIIiam
RLS 97-388
7/3,197
•
4. RELEASE OF MS VICKERS
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, MS Vickers shall
have no further obligations arising out of any acts, omissions, or events occurring subsequent to
the effective date of the transfer.
MS VICKERS II, LLC,
a Delaware limited liability company
JA?vllr~.. �3
(Ty bi Print'Ma A!)
Its (circle one) Chairman of the Board,/President/
Any Ge Presiders
W.
By.
(Type or Print Name)
Its (circle one S�ieffinancial
Any Assistant Secretary/
Officer/Any Assistant
Treasurer
BUYER:
BOBBIE G. WILLIAMS AND
VALLEE J. WILLIAMS
TRUST UDT 10/22/77
bbie G. Wi liams, Trustee
Vallee J. Williams, rustee
CITY:
CITY OF HUNTINGTON BEACH
a municipal corporation of the
State of California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
ity, ttorney (�C0
INITIATED AND APPROVED:
-
Director of Co pity Development
REVIEWED AND APPROVED:
7z4t Administrator
4!s: PC D: A eree: W ill i am
RLS 97-388
7/3/97
THIS MAP WAS PREPARED FOR ORANGE COUNTY,
ASSESSOR DEPT. PURPOSED ONLY THE ASS ES•
.
TI{1$ AAPP WAS PREPARED FOR ORANGE
'.OR MAKES NO GUARANTEE AS TO ITS ACCURACY
'•c,R ASSUMES ANY LIABILITY FOR OTHER USES..
COUNTY ASSESSOR DEPT. PURPOSES ONLY
lur TON REPRODUCED. ALL RIGHTS RESERVED.
THE ASSESSOR MAKES NO GUARANTEE AS TO
LCOPrRIGHT ORANGE COUNTY ASSESSOR I"o.
ITS ACCURACY NOR ASSUMES ANY LIABILITY
FOR OTHER USES. NOT TO BE REPRODUCED
All RIGHTS flE � 4
i
RANGE
®COPYRIGHT ORANGE COUNTY ASSESSOR 1996.
`Z
STEWART ( SAIELTZER AVENUE)
sd
;b c
. 111
GARFIELD
STREE T•
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ADDI TION
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to
72
hGOLDEN WEST
159-43 .
GARFIELD STREET ADDITION M.M. 7-27,28.
STREET
NOTE ASSESSOR'S BLOCK 0
PARCEL INDM,&,-R.i
SHOWN /N CIRCLES
J
v
O
M
N
ASSESSOR'S MAP
BOOK I I I PAGE 13 O
COUNTY OF ORANGE
EXHIBIT "A"
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State
of California, described as follows:
LOT 11 IN BLOCK D 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.
Assessor's Parcel Number 111-130-10
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
BOBBIE G. WILLIAMS AND VALLEE J. WILLIAMS TRUST UTD 10/20/77
(BUYER)
FOR APN 111-130-10 (PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been
fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial
maintenance of neighborhood parks was assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations.
Section 2.2.3: Public Right of Way and Private Streetscape
Improvements.
2.2.3 (a): The obligation to dedicate property for public
right of way has been fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to
improve and maintain perimeter landscaping, walls and signage
on the Property.
Section 2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the Property
were assumed by PLC at the time of the purchase of the Property by
MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees
levied pursuant to this section and applicable to the
Property.
2.2.4 (g): Buyer will be responsible for payment of future
traffic fees, if any, imposed by ordinance and applicable to
the Property.
Section 2.2.5: Water, Sewer, Drainaae and Utility Improvements.
Obligations under this section were assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations, with the following clarifications.
2.2.5 (d): Buyer will be responsible for the undergrounding
of any overhead utilities on the Property at the time of
development.
2.2.5 (f): PLC has assumed the responsibility for
construction of the backbone "Green Acres" reclaimed water
project. Buyer will be responsible for the connection of
onsite irrigation systems to the Green Acres backbone system
for the use of the Property.
0 •
Section 2.2.6: Fire and Emergency Medical.
Obligations under this section were assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations.
Section 2.2.7: Police.
Obligations under this section were assumed by PLC at the time of
the purchase of the Property by MS Vickers LLC. PLC retains those
obligations.
Section 2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may
be due HBCSD per the existing mitigation agreement as a result of
the development of the Property.
Section 2.2.9: Other Development Controls.
Not applicable to the Property.
Section 2.2.10: Fees.
Buyer will be responsible for the payment of any and all fees under
this section as a result of the development of the Property.
The intent of this Exhibit B as set forth hereinabove is to
provide the clarification of rights, duties and obligations under
Development Agreement No. 90-1 as they are applicable to the
Property being acquired by Buyer, and all costs such as fees or
obligations for improvements or school facilities shall refer only
to the apportioned and reasonable amounts that relate to the
Property acquired.
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of cx�
County of ore,,"? C4 -e- _
On g/ g before me,/�-i •� h ref/9.of��y �G/,
DATE NAME, TITLE OF OFFICER,- E' J, NE DOE, NOTARY P LIC-
personally appeared�..:,al Y�lIeL `�" l''J���i` Vi,S ���
NAME(S) OF SIGNE (S) 7' -[/S Q ES
❑ rrto-me----OR proved to me on the basis of satisfactory evidence
to be the person(s4 whose name(�) +a/40
subscribed to the within instrument and ac-
knowledged to me that the executed
the same in /their author' d
capacit ies , and that by th)ir
signatures) on the instrument the perso ,
or the entity upon behalf of which the
persorl�s acted, executed the instrument.
' EUZABETH EHRING
a ` COMM.* IM3397 z WITNESS my hand and official seal.
z _x Notary Public — California n
ORANGE COUNTY
j , P 1110 1111111 "
My Comm. gxplres AUG 29. 1997
'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 reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
® TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION F ATTACHED. DOCUMENT
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TITLE OR TYPE OF DOCUMENT
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NUMBER OF PAGES
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DATE O DOCUM T
SIGN (S)bTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
• •
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No.5907
State of n'l' -A r't' 61
County of Lbs t6gele s
On - ;J, (f'K before me, 1/' %n,Q f3a.-!w, It%%Jar✓ l°./b/"C ,
DATE NAME, TITLE OF OFFICER - E.G., -JANE OE, NOTARY PUBLIC -
personally appeared j2j .j R crooks -I-.,4ml Q LJI'66malm
NAME(S) 6F SIGNER(S)
4-personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose names- 4s4are
subscribed to the within instrument and ac-
knowledged to me that hlr/bt /they executed
the same in hf-s iTer/their authorized
capacity(ies), and that by his/lier/their
MRG!MAWHIA signature(s) on the instrument the person(s),
COMM. # 10175:6
•-� Notary Public —Ca€fornia or the entity upon behalf of which the
LOS ANGELES COUNTY
MyComm. Expires OCT 17.1997 person(s) acted, executed the instrument.
VIPGIrwAWSA WITNESS my nd and official seal.
COMM. # 10175-66
Notary PutAc — Colifornia
LOS ANGELES COuNN
v)amy Comm- En*es OCT 17, 1997 7 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 reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
County off
On ? be,- /e 111 % before me, �_4t.rt,- tq. Aj ,r , , ic-7g l\icfA,-zf
Dale/, -
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Name and Title of Officer (e. ""Jane Doe, No ry Public")
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personally appeared
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Name(s) of Signer(s)
personally known to me - E-`---prsvad
to me P hAQI of 4sfaetofy-gene& to be the persons
whose name&) +sc"r� subscribed to the within instrument
and acknowledged to me that tme sh ne executed the
same in hisff h@� authorized capacit es , and that by
#is�# 4tt e -signature So on the instrument the perso<s),
or the entity upon behalf of which the persoros acted,
LAURA a NELSON
_ convr>issIon A 1066263
executed the instrument.
._A Notary Public — Coutornia
orange county
My comm. E)Vres Jui 23. 1:
WITNESS my hand and official seal.
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: — , Dk-,tg,, a,,4f CU!=4 s- y4c�.-� iu �L �'� :�c.
Document Date: 7�3I�7 Number of Pages: 7
Signer(s) Other Than Named Above: Ju4v)- s k /.V-uv4 s 14m y J. ���ss,n�� �:� � Cam.
Capacity(ies) Claimed by Signer(s) kt-t-c�L,� rz-
Signer's Name:
Individual
Corporate Officer
Title(s):
= Partner — = Limited General
= Attorney -in -Fact
= Trustee
Guardian or Conservator
Other: /t ta. L i:-K
Signer Is Representing:
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Signer's Name: Gy'v Arf E 131�Zel"U1q-cl
Individual
Corporate Officer
Title(s):
Partner — = Limited II General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other: 4
Signer Is Representing:
01g95 Nat o-a:'<_:ay Assoc atbn • 8236 Remc-et Ave.. PO. Box 7184 • Canoga Park. CA 91309-7184 P,cd. No 5907 Reorder_ Call Toll -Free 1-800-876-6827
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Council/Agency Meeting Held:
Gann
Deferred/Continued to:
Approved-, onditio Ly A roved El Denied
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City CI 's Signature
Council Meeting Date: September 15, 1997 71
Department ID Number: CD 0-3
css
CITY OF HUNTINGTON BEACH _ w
REQUEST FOR COUNCIL ACTION
T �
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS,
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator C_
PREPARED BY:
MELANIE S. FALCON, Community Development Director
SUBJECT: Consent For Pending Sale of the Property located on Garfield
Avenue (APN 111-130-10) in the Holly Seacliff Development
Agreement Area
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by MS Vickers II, LLC for the City Council to
provide consent to the pending sale of a 0.17 acre parcel on Garfield Avenue to Bobbie G.
Williams and Vallee J. Williams. The parcel is subject to the Holly Seacliff Development
Agreement. Section 4.2 of the Holly Seacliff Development Agreement requires the City to
provide consent to the sale of the properties covered by the Development Agreement if the sale
is to a party not affiliated with the Developer and if all public improvements have not been
completed. Staff has performed due diligence regarding the pending sale of this property and
recommends that the City Council provide consent to the sale of the property to Bobbie G.
Williams and Vallee J. Williams.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by
MS Vickers II, LLC for the City Council to provide consent for the pending sale of the property on
Garfield Avenue known as Assessor Parcel Number 110-130-10 to Bobbie G. Williams and
Vallee J. Williams; and
2. Authorize the Mayornto execute the Certificate of Consent to the Sale of Property and the
Assumption of Rights Duties and Obligations."
REQUEST FOR COUNCIL ACTION
MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: CD 97-38
Alternative Action:
The City Council may make the following alternative motion:
"Continue the request for consent for the pending sale of the property on Garfield
Avenue known as Assessor Parcel Number 110-130-10 in the Holly Seacliff
Development Agreement area and direct staff accordingly."
Analysis:
Applicant: MS Vickers Il, LLC
Location: Approximately 0.17 acres located on the south side of Garfield
Avenue, approximately 50 feet east of Goldenwest Street.
r-3111; A •]:(e7:Z•Iil
On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement
for the properties owned by Pacific Coast Homes and other Chevron Land and Development
Company subsidiaries in the Holly Seacliff area. The Development Agreement requires the
Developer to provide numerous public improvements. To date, the Developer is in
compliance with the terms of the Development Agreement as determined by the annual
compliance reports reviewed by the Planning Commission and the City Council. The most
recent report, for 1996, was approved by the Planning Commission on March 25, 1997 and
the City Council on May 5, 1997.
On May 6, 1996 the City Council approved the consent for the pending sale of approximately
65 acres of property governed by the Development Agreement to MS Vickers Il, LLC. The
subject parcel was included in the 65 acre total.
MS Vickers II, LLC has entered into a purchase and sale agreement with Bobbie G. Williams
and Vallee J. Williams for the sale of a 0.17 acre parcel on the south side of Garfield
Avenue, approximately 50 feet east of Goldenwest Street (Attachment No. 2). The parcel is
located in the Holly Seacliff Development Agreement area. Pursuant to Section 4.2 of the
Holly Seacliff Development Agreement, the City Council must provide consent prior to the
sale or transfer of properties to buyers not affiliated with the Developer.
C1397-38.130C -2- 09/02/97 12:40 PM
QUEST FOR COUNCIL ACTION REN
MEETING DATE: September 15, 1997 DEPARTMENT ID NUMBER: CD 97-38
The subject parcel is currently vacant and zoned for industrial development. There is no
development proposed for the site at this time. The letter from the applicant indicates that
the majority of the Development Agreement obligations were assumed by PLC, not MS
Vickers II, LLC at the time of purchase from Chevron Land and Development Company. MS
Vickers II, LLC's obligation to dedicate property for public right-of-way has been fulfilled. The
buyer will be responsible for any fees and on -site infrastructure, including undergrounding of
overhead utilities, associated with developing the property when this occurs. The Fire
Department has indicated that when development does occur, any existing oil wells would
need to be abandoned and necessary soil remediation would need to be completed by the
property owner.
The City Attorney has determined that all of the obligations of the development agreement
run with the land covered by the development agreement and with the buyer. The City
Attorney has prepared a Certificate of Consent Agreement (Attachment No. 3) which has
been signed by the seller and the buyer; the Certificate will be signed by the City if the
consent request is approved.
Staff recommends that the City Council provide consent to the sale of the subject parcel and
authorize the Mayor to execute the Certificate of Consent. There are no outstanding public
improvement issues related to the parcel, and the terms of the Development Agreement will
be fulfilled.
Environmental Status:
The Holly Seacliff Development Agreement No. 90-1 is covered by Final Environmental
Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. No
additional environmental review is necessary. Staff has prepared a mitigation measure
compliance matrix for Final Environmental Impact Report No. 89-1 which requires the
Developer to complete necessary studies and complete the requirements of the studies prior
to development.
Attachment(s):
1. Vicinity Map
2. Letter from GCI Group dated May 19, 1997
3. Certificate of Consent Agreement.
CD97-38.DOC -3- 09/02/97 12:40 PM
• i
GCI GROUP
18662 MacArthur Boulevard, Suite 200, Irvine, California 92612 (714) 474-9620 FAX.- (714) 474-7350
May 19, 1997
Ms. `Mary Beth Broeren
City of Huntington Beach
Department of Community Development
2000 Main Street P.O. Box 190
Huntington Beach, CA 92648
C E I V
MAY 2 11997
O
CONI MU,NUTY DEVELCr=P+EFfVT
RE: Request for City Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
APN: 111-130-10
Dear Mary Beth:
MS Vickers II, LLC has entered into an agreement to sell the above referenced parcel
of land to Bobbie G. Williams and Vallee J. Williams Trust UDT 10/20/77. In
accordance with Section 4.2 of the Development Agreement, . we are formally
requesting the City's consent to this sale.
As you may recall from the City's consents to the purchase of this property from
Chevron Land and Development Company, et. al., the majority of.the Developer's
Obligations under Section 2.2 of the Agreement were assumed by PLC. Any remaining
site specific obligations will be transferred to the Buyer and triggered by the
development of this property. Those obligations are described more fully in Exhibit B,
attached hereto.
If you have any questions regarding. the requested consent or need additional
information, please call me at your convenience. Thank you for all your help and
expeditious handling of this matter.
Sincerely,
Patrick A. Gibbons
enclosures
cc: Mr. David Simon
Ms. Linn Pierce
REASON(Why is this RCA being submitted late?):
2
I '
vt" 0
EXPLANATION(Why is this RCA necessary to this agenda?):
CONSEQUENCES How shall delay of this RCA adversely impact the City?):
1-yk-4 Y1 .QfS
Approved O Denied
. .
Signature: Cr-Approved O Denied
Initials
Required c�M
De art nt Head Ray Silver
ichael Uberuaga
Request for Late Submittal
Requests for Council Action (RCA's) are due and considered late after
the City Administrator's deadline which is 5:00 P.M. Wednesday ten
days prior to the Council meeting at which the item is to be heard. This
deadline reflects the time needed prior to Agenda Review for
Administration staff and the City Administrator to _review all RCA's and
their support material prior to forwarding them to the City Clerk for
placement on the preliminary agenda. It also provides time for the City
Clerk's office to review the item and add proper wording for the item to
the preliminary agenda for discussion at Agenda Review the following
Monday.
The Request for Late Submittal form provides a vehicle for RCA's to be
submitted after the Wednesday, deadline when there are extenuating
circumstances .which delayed the item and when action on the item is
necessary at the upcoming Council meeting.
Late items can agendized only with signed authorization on the Request
for Late Submittal form by the Assistant City Administrator or the City
Administrator.
RCA ROUTING SHEET
INITIATING
COMMUNITY DEVELOPMENT DEPARTMENT
DEPARTMENT:
SUBJECT:
Consent for Pending Sale of the Property
located on Garfield Street in the Holly Seacliff
Development Agreement Area
COUNCIL MEETING DATE:
I September 15, 1997
... ...... ... . . . ................. . ............... ......... .. ..... ......... .... ................ .... ........... . .... ...... ........
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed i ull by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (if applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
.. ........ ......... ...... - _ ... . ....... .......... . ..... ..........................
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Assistant City Administrator (Initial)
City Administrator (Initial) ( )
City Clerk ( )