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HomeMy WebLinkAboutMANSION PROPERTIES, INC. - 1981-12-21l', HEN RFC0RDLDMAii- TO,. k- ty of Huntington Beach City Clerk's Office 2000 Main Szteet Huntington Beach, :alifornia SEND TAX STATEMENTS TO: Same as above 'E X E -M"-P--T-- C RU-0v1;?Nr, rA ."UNIMIA, uvlb Tinf, ra RECORDED IN OFFIC141 RECOftris 0F -OkAWX COUNTV, [,Al ITORNIA -:3 2L PM FEB 24 '82 In A BRM, County R=rdw Documentary Transfer Tax None _.LX_ Computed on full value of property conveyed,or — Computed on Full Value Less Liens and Encumbrances Remaining They -eon at T'$rne of Sale Signature of Declarant Mansion r ies, Inc. By__ CORPORATION QUITCLAIM DEED FOR VALUABLE CONSIDERATION, recei.ot of which is hereby acknow!e-jged, MANS�ON PROPERTIES, INC. a corporation orgsnil�.ed under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to kh,�! CITY OF HUNTINGTON BEACH, a Municipal Corporation, that certain rea�l property in the City of Huntington Beach, Coiznty of Orange, State of California, described or. Exhibit A, anr,, -ed hereto and inade a part hereof, subject to ail rnatter�. of record affecting said real property described in Exhiji � A. EXCEPTING AND RESERVING to Huntington Beach Company, an exclusive easement for vehicular and pedestrian ingress and egress over and across certain of said real property quitclairried herein and more pa-�ticularly described in Exhibit 8 attached hereto and made a part hereof together witri the right, but not the obligation, to use, repair, replace, maintain, and to construct thereon a hard surface roadway. EXCEPTING AND RESERVING to Huntington Be,,:h Company, its successors and assigns, from that portion 'hereinafter called the "sub-500 portion") of said real property lying below a depth of five hundred (500) feet beneath the surface thereof, all 011, gas aGphalt,. �-. and other hydrocarbons and all other minerals whether similar or dissimilar TO those herein specified and including all fissionable materials within or That may be produced or extracted or taken from the sub-500 portion of said real proprf,-ty, which said oil, gas, asphaltum, hydrocarbons and matcrials shall be hereinafter collectively called the "SUb-500 minerals", and FURTHER EXCEPT!NG AND RESERVING to H,!nttrigton Beach Company, its successors and assigns, from the sub-500 portion of said real property the follouling. The sole and exclusive riaht from time to time to locate an? maintain subsurface portions of oil and gas wells in the sub-500 portion of said -,,eal property and the right to drill for, produce, extract and take the sub-500 minerals from the sub-500 portion of said real property and the right to excercise all of the rights and privileges necessary for such drilling, producing, extracting and taking; and h. The sole and -xt-lusive right to o5e the --;b ',00 -)of non of SJid real property to conauvi operations from tinie to turie by meth(_)Js n,,.1i knw. i ur kinknown N%�hich, in ihe opinion of Huntington 1�each Company, 4re roasonably designed to benelit or fecilitate the drilling for or production, extraction of taking of the %ub-500 minerals from the sub-500 portion of &Aid real property or any minerals f.urn lands other man sa�j real propert-) (hereinafter calle:� the "other landsl, together with the right to drill a well or wells or use any existing wells in, into or through the sub-500 portion of said real property, for the purpose of injecting into the sub-500 portion of said real property or into other lands, oil, gas, air, wat-r or other liquid or gaseous substances, including the right, from time to time to ignite or otherwise activate any or all of such substances so injected or any nr all. of the sub-500 minerals within the sub-500 portion of said real property or any minerals from other lands; and C. The sole and exclusive right from tirne to tirne to drill into arid through the sub-500 portion of said real property frorn other lands by means of a well or wells driflied fron) the surface er other lands, together with the sole and exclusive right to repair, redrill, deepen, maintain, rework and operate such wells and producc any minerals f-om other lands by means of such v .Il, or wells, through the -cub-500 portion of said real property; and D. The sole and exclusive right from time to time to locate, operate and maintain subsurface portions of wells in, into or through the sub-500 portion of said real property and the right from time to time, to inject, store, pressurize and remove Lihe sub- 500 minerals or any minerals from other lands for t') e pu,pose of storing the same in the sub-500 portion of said real property or in oth-r lands. The above described right:3 excepted and reserved to Huntington Beach Company, its success,--rs and absign5, shall not be limited to, or by, the first or any subsequent exercise thereof. Nothing hereinabove or hereinafter set forth in this Quitclaim Deed shall be deemed to reserve to Huntington Beach Company, its successors and assigns, any interest in the surface t�r in any portion of said real property lying within five hundred (500) feet measured vertically downward from the surface of said real prope� ty. FURTHER EXCEPTING AND RESERVING all water rights of or related to or appur,�nnant to said real property including, but rot limi,,Qd to, all right to percolating waters, artesian waters arid underground streams, but excluding the right of surface entry. This corporation quitclaim deed shall not affect, and Huntington Beach Company further excepts and reserves, the right to receive ariy sums, including rental, royalties or other payments, due or to become due Lwder or by virture of any lease or agreement affecting said rea. property, including without limiting the generality of the foregoing: those certain oil arid gas lease-; dated Jai­,ary 7, 1921, by and between Huntington Beach Company, a corporation, — Le5,50r, and Chevron U.S.A., Inc., successor in interent to Standard Oil Company of California, a corporation, as Lessee, as -did leases may be modified and amended. IN WITNESS WHEREOF, said coi-poration has caused its corporate riarife and sea] to be alfixed hereto and this instrument to be execute(, by its Vice President and Assistant Secretary thereunto duly authorized. DA rED- 1982. MANSION PROPERTIES, INC. By P�tsldeni--- BY Ac�� 5ecre tary jtjA,%(,acv --77 -MM , W- W , 'MM -ol i ion of P�tl cel 1 , j n tllc! !-�t of Call f(�l Ilia, C()mity of it �j e , C i t y o i Milli i 11%) It oil T�t- v-h , . l, -c� r itta p r et or ded i n jsoo), 40, "J -10 () i Pit I (- o I M-) 1) s Rocol 41s of �-n id Cmint--, , lk')f (' 1"il t icul'Irly lbed Is f (--)I lows Col ul't I)c i 119 at )e uont erl i lie inter!iect ion of Palm 74venue ond 17Lh �-,l It-ot- as !"no"m on )(401011CCId POTC01 1-10p; t 110 1) C0 �31 Ong f�0 id (, QTli vr - n e o f 17th Stio(--�t North 41'39' 4 9 " E,., s t 16 2 7 . 9 0 f i -v L 7 1 ) i (- it (7 0 i v i �1 -, a i d c c � ji t (- r I i n e N o i t h 4 8 12 1 ' 2 5 " �; 1L 4 5 . 0 0 f (�v t 1 0 1 h e I L) I t s t r ly r i �3 li t o f way I i i i e o f 17 t I i S L j o t - i id t ) i a T r %.) u Po i it t R I n n n 4, 11 e i i c c N1 o t t h 4 8 ' 2 1 ' 2 5 " We s t , 3 4 3 . 5 2 f oc t L o a po in t on t he bounc3at,y I i ne pa i c-(-1 s I iind 2 of !,O.jd Pitt col Map; t lwnce a long t lie boundary I i ne b C 4- vic (- n pit j c o I s I a n d 2 o f !; a i d Pa i e r:, 1 Nap Noi:th 41039 1 35" Fast, 9- 18 feet,, t)ience Noi th 1039 ' 35" Ecj.,5t, 150. 01 feet; Lhence leaving said houndary I ine South 89*38 ' 16" Fast, 161. 46 foot; * t hence Nort h 0009 ' 18 " rast , 4 18 . 15 f eet 1 0 1 lie Nort h(�rly I i ne of Parcel I of said Parcel miap; Lb(�Ilce along t�rlid 1-10-ttlierly I ine South 89'38'16" Eost, 338.84 f%.!et; (Atc-nce North 28'41'36" Wosc, 0. 44 feet to the Southerly iight of way line of Utica Street, 60.00 fQet wide; thence South 8904'0*17" East, 132.240 fect to the beginning of a tangent curve concave Southwesterly and having a radius of 32,00 fect; thence Easterly and Southerly along said curve throagh a central 'Ingle of 90100*00" an arc distance of 50-27 feet to a point-, tbence Sout h 0'19'43" West 46.42 feet to the beginning of a t-7ingent curve concave Northwesterly and having a radius of 32.00 feet; thence Southerly along said curve through a central. angle of 41"20106" an arc distance of 22.08 feet to a poi nL; thence South 41039'43" West^ 42-15 feet; thence South 48"20'11" MAst 5.00 feet; thence South 410 31"49" Wost 884.23 fccE to the point of beginning. 6.821 acres. 10 EDU MIT A 1110 0ORPORANON QUj---aA-DI MID BMW2V MNSICN PROPERrIES AND THE CITIT OF HMrXNG'ICN BEACH / 9 , 1982 ;7-- LEGAL DES(:11111TION I;OR ROADIIAY EASENENIT THROUGH HUNTINGTON CMNUNITY PARK rhat portion of Parcel 1, in the City of Huntington Beach, County of Orange, State oil Cnliforni.a, as per map recorded in Book 40, Page 40 of Parcel Maps, records of Said County, more particularly described as follm�,,s: Commencing at the centerline intersection of Palm Avenue and 17th Street as shown on referenced map; thence along said centeTline of 17tb Street N 41'3914911 E, 1627.90 feet; thence leavi.ng said centerline N 48'2112511 W, 45.00 feet to the northwesterly right of way line of 17th Street and the TRUE POINT OF BEGINNING; thence N 48'21125" W, 341.S2 feet to a point on the boundary line between Parcels I and 2 of said Parcel Map; thence alorg iaid boondary line N 41'39135" E, 9.18 feet; thence NI 103913S" E, ISO.01 feet; thence leai-ing said boundary line S 89'3811611 E, 60.02 feet to a point that is 60.00 feet from and inciasui,!d at right angles to the boundary li-ne between Parcels 1 and 2; thence on a line parallel to and 60-00 feet from said bourdary line S 103913511 V, 188.63 feet, thence S 48'21125" E, 771.61 feet to the northwesterly -right of way line of 17th Street; thence along said northwesteTly line 5 41'39t49" W, 19�18 feet to the point of beginning. &XMIT B TO coRpommm QuiaaADi DEED auivET—N MNSICN PMPERTIES AND T.qE CIT4�7OF IMMMON BRACM DAT.ED::���, �IP 1982 WALDEN & ASSOCIATES, Inc. 4002 West Carry Averme, Su!tL* B Santa Ana, California 9-nO4 (7)4) -49-8649 civil. ENCINFERING LAND S!I.RVEYING wo.Na 27-201 L %�AVIROXMFNTAL PLANNING Engr. DIA! Chk. 82-064G41 ATL OF CALIFORNIA COCND OF ORANGE On February 18,. 1982 , before me, the undersigned, a Notary Public in and for said County and State, personally appears T . _G-Qodwin known to me to the be the YV:� President, and P,?My'of the T. B. Rol'.ins ? known to me to be the �M � -9 Corporation that executed the within Instrument, known to me to be the persons who executed the within lqstrument on behalf of the corporation therein name, and a ckno�&, ]edged to me that such Corporation executed the within Instrument pursuant to it-s bv-1a\ks or a resolution of its board of direclets, WITNE-SS my hand and official seal. )o�t�ary ;�r in te OF i ICIAL AAL SHIRLEY M, H01MAN LCIM k,dilf0i Ilia CCJ,', I V My 21 IQ Mw MOV h�-4, Von BUO CA 92648 a PARK AND RECREATION DEDICATION AGREEMENT r THIS AGREEMENT is made and entered into this day of ke= 1981, by and between the City of Huntington Beach, a municipal cornoration (hereinafter "the City"), and Mansion Properves, Inc. (hereinafter "Mansion"). REC NTALS- A. Mansion- together with others, developed c ertain property in the City as shown on certain -tentative and final tract maps described in Exhibit "A" attached hereto and made a part hereof. B. As part of said developments, an obligation was incurred to dt-dicate 9.9029 acres of land for park and recreational purposes or to pay fees in lieu thefeof pursuant to Articles 974 and 996 of Division 9 of the Huntington Beach Municipal code as they then existed. As more particularly set forth in Exhibit "A" fees equivalent to 3.0319 acres were paid to partially satisfy said obligation and an obligation to dedicatc 6.921 acres of land remains to be satisfied. C. The City desires that certain sDecified property consisting of approximately 6.821 acres (hereinafter referred to as "said Property") described in Exhibit "B" (attached hereto and made a part hereof) be dedicated to satisfy said obligation. Mansion is willing to dedicate said Property subject to certain teases, easements, exceptions, reservations, terms and conditions. Said Property and a roadway easement are also shown on Plat dated A.B. 8/19/81. marked Exhibit IPC-111 �attached hereto and made a part hereof). D, Mansion Is willing to dedicate by quitclaim deed said Property upon the condition that the City agrees that certain roal property contigious to said Property shown in Exhibit I'D" (attached hereto and made a part hereof) as Well Island 111- which consists of !.674 acres and Well Island 'IF" which consists of 1.570 acres (hereafter Well Islands") are permitted to be developed under existing land use regulations. THE CITY AND MANSION agree as follows: I. Mansion agrees to dedicate by quitclaim deed and the City agrees to accept the dedication of 6.321 acres of the property described in Exhibit 11511 to a depth of 5UO feet measured vertkally from the surface excepting and reserving 0 therefrom an exclusive roadway easement for ingress and egress as descrihed 4-1 I AIDA Exhibit "C" and further excepting and reserving all existing leases, and all oil, gas, hydrocarbon and other mineral royallies, in full and complete satisfaction of the obligations and responsibili ties of Mansion, HBCo. and all other parties to dedicate 6.821 acres for park and recreation purposes and/or pay fees in lieu thereof incurred because of the approval by City of Final Tract Maps numbered 6453, 6904, 7656, 7421, 7473, 9003, 8224, 8247, 8248 and 7155, and each of them. 2. The City further agrees that the rules, regulations and official policies governing permitted uses of said Well Islands, the density of said Well Islands, and the design, improvement and construction standards and specifications appticable to residential development of said Well Islands, are -those rules$ regulations and official policies in force at the time of execution of this agreement. 3- Neither the City nor Mansion intend by this Agreement to create any obhgations on the part of either party inconsiste7-xt with any State Law or City ordinance. 4. Any and all quitclaim deeds, releases and other documents required to he executed and/or recorded to evidence the aereement provided herein shall be promptly executed by Mansion and the City upon request by any party herelo. 5. No amendments to this Agreement shall be effective unless they are set forth in writing and executed by all par -ties or their successors and assigns. 6. This Agreement shall inure to the benefit and bind the successors and assigns of the parties hereto, ATTEST: City Cler4 A01 APPROVED AS TO FORM GAIL HUTTON City Attornww CITY OF HUNTINGTON BEA H A mu a] - r 0, B y- Pr. Mayor MANSION PROPERTIE-5, INC. Bv -71 y CAI-46 Da a C 0 r-) i. le d 2 7 SEACLIFF DEVELOPMENT Tentative Tract 6453 A2proved Novem.ber 2-1, 1967 - 108 'Lots Final Tract Lots/Units Recorded Ordinance Dollar/Ac. Required Zone Dedication 6453 108/108 August 30, 1968 1238 $27,630 .9847 Ac Rl'-O Park Ac;:eage Formula - P = 2.5(DU x DF) OF 3.78 1000 (=.:%C) + 2. 5 (DU Tentative Tract- 6904 - Aporoved September 16, 1969 - 81 lots Final Tract Lot-s/Units Recorded Ordinance Dollar/Ac. Required Zone Dedication 6904 81/81 August 31, 1970 1536 $27,630 .7654 Ac Rl-O Park Acreage Formula - A = 2. 5 (OF DU) OF 3.78 1000 Ten-t-ative Tract 7421 - A2prcved May 18, 1971 - -':'xtension :12y 16, 1972 - 143 lots Final Tract Lots/Units Recorded Ordinance Ii Resolution lut Dollar/Ac Required Zone 1596 974 z n to 7656 60/6G April 10, 1972 1597 998 3214 31,562/Ac .606 Ac Rl-O n Cr A= 2. 3 (CC- ,,� DU) (DF 4.04) CL W - 0 1000 3211 Acre) 1596 974 �7 42 1 84/84 July 13, 1972 1510-1 90-8 3214 31,562/Ac V8 Ac R1-0 (OF 4. 04) a tLt tu v, C., , -% 3211 a ca x . ($ Acre) S�0" TotOl 333/333 3.114 Ac. I , 17 , --- BEACHWALK TENTATIVE TRACT 7155 Approval date: June 16, 1970; extension June 16, 1971'; New Map July 18, 1972; extension July 17, 1973; extension June 18, 1974; extension June 17, 1975; amended conditions March 16, 1976 Final Tract Lots/Units Recorded Or6inance # Resolution Required Zone Dedication 1597 998 7473 971/94 February 18, 3.972 1596 974 3214 (D.F.) .9494 ac- RI A=--2.5(DF X #DU) (4.04) 1000 3211 ($/Ac) ($31,562) 1597 998 6003 72/69 January 16, 1973 1596 974 3214 .6969 ac R1-0 3211 Fee paid 1/10/73 1597 998 $21,996.00 8224 54/51 July 13, 1973 1596 974 3214 .5150 ac Rl-O 3211 Fee paid 7/11/73 $16 t54.00 , 2247 95/93 January 7, 1974 1798 3214 (D.F.) 1.8,100 ac Rll�o 5 0 1 "r x i�-Ou) (4,04) Fee paid 12/10/73 1300 3699 ($/Ac) $61,852-00 ($33,076) 8248 92/89 November 20, 1974 1798 3214 1.7978 ac Rl- 3699 7155 53/49 Nove.mber 21, 1975 1-798 4083 (Ac) �.8698 7AC RI-O Q rn 'V 9/75 21-03 4084 ($) < ($42,700) -"I Total 463/445 6.6989 ac a% -a Subtotal 463/445 3.0819 ac Fee Paid 3.6170 ac remaining CO U) 7 4. 2.1 Da' LUGAL DE:iCRIPTION FOR PA i-C B L " B (CITY OF HUNTINGTON BEACH PARCLL) That portion of Parcel lf in --the State of california, County of Orange, City of Huntington Beach, as per rpap recorded in Book 40, page 40 of Parcel aps, Records of s-aid County, more particularly described -is follows: Corrinencing at the centerline intersection of Palm -',%,.,enue and 17th Street as shown on referenced Parcel Map; thence along said center- line of 17th Street North 4103949" Fast, 162�.90 feet; -thence ledVing said centerline North 48121'25" '.�,est, 45.00 feet to the N.orthwesterly right of way line cf 17th Str(tet -,.nd 1--he -true Point of Beginning; thence North 48'21'25" West, 341.52 feet to a point on the J_Qun6ary line between parcels 1 and 2 of said Farc.'al Map; thence along the boundary line betweem parcels 3. and 2 of said. Parcel map Nortb 41'39135" East, 9.18 feet; thence North 1039'35" East, 350.01 feet; thence leaving said boundary line South 89038'16" East, 361.46 feet; thence North 0009*18" 'Cast, 418.15 feet to the I-ortherly line of Parcel 1 of said Parcel I -lap; thence along said Northerly line South 89'38'16" East, 338.84 foot; thence North 28041136" 14est, 0.44 feet to the southerly right of way 3ine of Utica Street, 60.00 feet wide; thence South 89040'17" East, -132.20 fc�et to the beginning of a tangent curve concave Southwesterly and having a radius of 32.00 feet; thence Easterly and southerly along said curve through a central �.�ncjle of qo,00,00ll an arc diz:tance of 50.27 feet to a point; thence South 0019*43" Ilest 48.42 fact to the beginning of a tangent curve concave Northwesterly and having a radius of 32.00 feet; thence Southerly along said curve through a central., angle of 41c'20'06" an -rc distance of 23.08 feet to a point; thence South 41039*43" Wast 42.15 feet; thence South 48"20111" East 5.00 fec-It,- thence South 41c' 39'49" West 884.23 fae�- -to the point of beginning. 6.821 acres. Page 3 of 6 MC5 �xhlbit 11811 to r-ark and Recreation bedicat;on Agreenvant dated November 1981 1 LEGAL DESCRIPTION F OR ROAD11AY EASaIENT THROUGH HUNTINGTO14 CO1,MUNITY PARK That portion of Parcel 1, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 40, Page 40 of Parcel Maps, records of said County, more particularly described as follows: Cummencing at the centerline intersection of Palm Avenue and 17th Street as shown on referenced map; thence along said centerline of l7th Srreet N 41'*39149" L, 1627.90 feet; thence leaviiig said centerline N 48'71125" W, 45.00 feet to the n0rthWeSterly 'right of way line of 17th Street and the TRUE POINT OF BEGINNING; thence N 48'21125" W, 341,S2 feet to a point on the boundary line between Parcels I and 2 of said Parcel Map; thence along said boundary line X 41'3913S" E, 9.18 feet; thence N 1'3913511 E, 150,01 feet; thence leaving said boundaTy line S 89'3811611 E, 60,02 feet to a point that is 60.00 feet f:om and measured at Tight angles to the boundary line between Parcels 1 and 2; thence on a line parallel to and 60.00 feet from said boundary line S 1*39135" 11, 188.63 feet, thence S 48"21125" E, 271.61 feet to the northwesterly right of way line of l7th Street; thence along said northwesterly line S 41*3914911 W, 19.18 feet to the point of begipning. WALDEN & ASSOCIATES, Inc. 4002 W"t G2rrY AVVIUC, SUIte B Sant,a Ana, CAWOrnla 12,104 (714) V9-9649 CIVIL ENGINEMING LAND SUIM'VING WO- NC EN%r11t0NhMNTAL PLANNING Page 4 of 6 pages Exhibit "C" to Park and Recreat! Dedication Agreement dato.d November , 1981 0 A k * V-2. V-8 I— Shett — M, — Pv HlrjH 14 Al b Q01TCLAIm �b Ll bi kk Ilk, �v z I S9 35 Y* 1"' 10 6'W wj� Y.� - .5s , d 4 "ZI ISO 3� 6 110 (p tt L 7514MO Abi A:; ,�,l .,-, e-; 6 14,4C. A A L V wz v r -v -ra WALDEN & ASSOCIATES, Inc. m FABI B Aker Street, suite i2s RUT M 4CCoejp4wK QWta Me4a, CWonjo r (714) �4,9-11649 //PZ "�)/, CrM ENGMEERMG 1g17- P ge 6 of 6 page.-, LAND SURVMPINO Exhibi t I'D" to Park W 0. No. JL 21io 'on L "FJiTAL PlAWING and Recreatl lodiptl ------ Chk, Agreerwt 4ated I]/ -C�O L,�'E DA 7-A L - 50..?7' ,6 r 41'ZO �76"' R -- 3e 00 * L ?,3 03' 01? 07' 1V,?8-41'36'W 0.44 "CA L E: too, IV .4f1*39'J5'E 'g. le t — PLAT AO 61 ez/ A CRIF6 11 "PI 341.92' A L IVt AVE, 'pa ,4 8 dll9ldl. Exhlbi t "C- W to Park an4 Recreation Dedication, Aoreelirn date 10 L.;;'Fer I �Mmmmmmwll. LQ LLJ SECTIONAL DISTRICT MAP 2-6-11 ( -11 .� _Y OF ll't 7NTENGTON H "k,\ G 1, C () t '.'\ T Y. BEACH,A C A 1, 11; () R.N I A jSE '�` PROPER"Y YAP AVE CF-C 4i_i CF-E I t l.k I C CF- F- t-:4 A L. N IL - Ir- ;g 1, L-L SLIJ, L_lJ ACAVa i a Ile I REQUES40R CITY COUNCIACTION Date November 25, 1981 Submitted to: Honorable Mayor and City Council '1�11741 Submitted by: Charles W. Thompson, City Administrat-of qfg -'D PAJ CC'V" Prepared by: Vincent G. Moorhouse, Director, Community Service# 66 14 114&rS Subject: HUNTINGTON BEACH COtMNITY PARK/SITE DEDICATION 1414 AGREEMENT -11'rl "/.?9 17-Ze b &x —�J V 4 'F. Statement of [me, Recommendation, Anatysis, Funding Source, Alternative Actioms, Attichrinenut STATEMENT OF ISSUE: Kansion Properties, Inc. as a condition for development of Seacliff and Beachwalk communities has agreed to dedicate 6.821 acres of land westerly of Main Street and 17th Street adjacent to the southern boundary of Huntington Beach High School for cotmunity park purposes which is in accordance with the City of Huntington Beach General Plan, Open Space and Conservation Element. RECOMMENDATION: Approve the attached agreement and request that Mansion Properties, Inc. transmit the deed of the 6.821 acre parcel to the City Clerk for recording. ANALYSIS: City staff, comissions and city council have been contemplating for several years on the eventual dedication of this park site to the city in lieu of payinent of park fees for Final Tract Maps numbered 6453, 6904, 7656, 7421, 8248 and 7155, which comprised the bulk of the Seacliff and Beachwalk developments. The Huntington Beach Union High School District purchased 5 acres from Mansion Properties, Inc. adjacent and south of Huntington Beach High School in 1979 in anticipation of the city acquiring the remainder of the near 12 acre parcel in order to allow for a futvre joint community park development, op ation and maintenance agreement to be approved by both city and the district. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTIONS: Accept fees (at rates in force at the time each tract map was approved) in lieu of accepting the land dedication offer. ATTACHMENTS: Vark and Recreation Dedication Agreement. CWT:VGM:NLW:cgs I 91 SEACLIFF DEVELOPMENT 6453 - A2proved November 21, 1967 - 108 lots Final 7ract Lots/Units Recorded 6453 ica/108 August 30, 1968 OrzInance 121 3 a Park Acreage Formula - P = 2.5(Du x DF) 1000 (::Ac) + 2. 3 (W x 5-F-) Dollar/Ac $27 , 630 DF 3.78 - Required Dedication .9847 Ac Zone 4'entative. Tra,ct 6904 - AoDroved September 16, 1969 - 81 lots Final Tract Lots/Units Recorded Ordinance Dollar/Ac. Required Zone Dedicatvin 60,04 81/81 August 31, 1970 1536 $27,630 .7654 Ac Rl-O Park Acreage Formula - A 2.5(DF x !DU)- DF 3.78 1000 Tentative Tract 7421 - A92roved May 18, l'971 - 'E\tension may 16, 1972 - 143 lol-s Final Tract Lots/Uniti�, Recorded Ordina7.ce Resolution Dollar/Ac Required Zone 1596 974 7656 60/60 April 10, 1972 1597 998 3 2 14 31,562/Ac .606 Ac RI-O A=2.5fD.-- x DU) (DF 4.04) C. 1000 3211 ($ Acre) 150�6 -074 .7421 84/84 July 13, 1972 1597 998 3214 31,562/Ac .848 Ac Rl-O (OF 4.04) 3211 (S Acre) 11 U Tota 333/333 3 , 2 �'4 ACM�w MEMO REQUES*OR CITY COUNCIL40CTION 4bDate November 25, 1981 Submitted to: Honorable Mayor and City Council "- 2AP/ 7,oelD —7-0 Submitted by: Charles W. Thompson, City AdministratoV' V1 0 13' I-,4-Ce,0 -, 11�� 1 Prepamd by: Vincent G. Moorhouse, Director, Community Service<s)vl '41 - aPV,--. : 1, 0"C', Subject- HUNTINGTON BEACH COWUNITY PARK/SITE DEDICATION 1412110(,l AGREEMENT Statement of I=A, Reoommendotion, Analysis, Funding Source, Attwnative txtions, Attwhmen--� STATEFENT OF ISSUE: Mansion Properties, inc. as a condition for development of Seacliff and Beachwalk communities has agreed to dedicate 6.821 acres of land westerly of Main Street and 17th Street adjacent to the southern boundary of Huntington Beach High School for community park purposes which is in accordance with the City of Huntington Beach General Plan, Open Space and Conservation Element, RECOMMENDATION: ApproW-tFe —attached agreement and request that Mansion Properties, Inc. transmit the deed of the 6.821 acre parcel to the City Clerk for recoraing. ANALYSIS: V44 City staff, commissions and city council have been contemplating for several years on the eventual dedication of this park site to the city in lieu of payment of park fees for Final Tract Maps numbered 6453, 6904, 7656, 7421, 8248 and 7155, which comprised the bulk of the Seacliff and Beachwalk developmnts. The Huntington Beach Union High School District purchased 5 acres from Mansion Properties, Inc. adjacent and south of Huntington Beach High School in 1979 In anticipation of the city acquiring the reminder of the near 12 acre parcel in order to allow for a future joint community park development, operation and maintenance agreement to be approved by both city and the district. FUNDING SOURCE: Not' applicable. ALTERNATIVE ACTIONS: Accept fees (at rates in force at the time each tract map was approved) in lieu of accepting the land dedication offer. ATTACHMENTS: Park and Recreation Dedication Agreement. CWT:VGM:NLW:cgs P10 4M PARK AND RECREATION DEDICATION AGREEMENT THIS AGREEMENT is niade and entered into this day of Nov��vnber 1981, by and between the City zf Beach, a municipal corporation (hereinafter "the City"), and Mansion Ptoperties, Inc. (hereinafter "Mansion"). RECITALS: A. Mansion, together with others, developed certain property in the City as shown on certain tentative and final tract maps described in Exhibit "A" attached hereto and made a part hereof. B. As part of said developments, an obligation was incurred to dedicate 9.9029 acres of land for park and recreational purposes or to pay fees in lieu thereof pursuant to Articles 974 and 996 of Division 9 of the Huntington Beach Municipal code as they then existed. As more particularly set forth in Exhibit "All fees equivalent to 3.0819 acres were paid to partially satisfy said obligation and an obligation to dedicate 6.921 acres of land remains to be satisfied. C. The City desires that certain specified property consisting of Algh approximately 6.821 acres (hetreinafter referred to as "said Property") described in Exhibit "B" (attached hereto and made a part hereof) be dedicated to satisfy said obligation. Mansion is willing to dedicate said Property subject to ce�tain leases, easements, exceptions, reservations, terms and conditions. Said Property and a roadway easement are also shown on Plat dated A.B. 8/19/84 marked Exhibit Itc-111 (attached hereto and made a part hereof). D. Mansion is willing to dedicate by quitclaim deed said Property upon the condition that the City agrees that certain real. property contigious to said Property shown in Exhibit "D11 (attached hereto and made a part hereof) as Well Island IV' which consists df 1.674 acres and Well Island "F" vhich consists of 1.570 acres (hereafter Well Isiands") are permiki ted to be developed under existing land use regulations, THE CITY AND MANSION agree as follows - Mansion agrees to dedicate by qui-tclaim deed and the City agrees to dccept the dedication of 6.821 acres of the property described in Exhll-;t "B" to a depth of 500 ieel measured v-,!rtically from the surface excepting and reserving therefroin an exclusive roadw.ay easement for ingress and egress as described in 1 BEACHWALK TENTATIVE TRACT 7155 Approval date: June 16, 1970; extension June 16, 1971'; New Map July 10, 1972; extens.1on July 17, 1973; extension June 18, 1974; extension June 17, 1975; amended conditions March 16, 1976 Final Tract Lots/Units Recorded Ordinance Resolution Required Zone Dedication 1597 998 7473 971/94 February 18, 1972 1396 974 3214 (D.F.) .9494 ac- RI-0 A=2 5 (OF X #VJ) (4.04) 1000 3211 ($/Ac) ($31,562) 1597 998 StUO3 72/69 January 16, 1973 1596 974 3214 .6969 ac RI-0 3211 Fee paid. 1/10/73 1597 998 $21,996.00 8224 54/51 July 13, 1973 1596 974 3214 .5150 ac R1-0 3211 Fee Daid 7/11/73 $16 , ��4.00 8247 95/9a JanuaU 1, 1974 1-198 3214 (D.F.)_ 1.8700 ac R1-0 A�--5 0-(DF x 'It D(I) (4.04) Fee paid 12/10/73 1000 3699 ($/Ac) $61,852.00 ($33,076) $248 92/89 November 20, 1,974 1798 3214 1.7978 ac RI-0 3699 7155 53/49 Nove—mber 21, 1975 1-796 4083 (Ac) .8698 ac RI-0 C< 9/75 -1-103 4084 (6) (3.55)(0,F.) n(r ($42,700) t7 -- �4 Total 463/44 5 6.69S9 ac > -Subtotal 463/445 3-0819 ac Fee Paid 3.6170 W ac remaining 3 2 af Sol bi,L)AIj UL.)CRIPTIOP roll PARCEL "B" (CITY 01" HUNTINGTON BLAC�I PARCEL) Adak. That portion of Parcel 1, in the State of California, County of Ora.-ige, City of Huntington Beach-, as per map recorded in Book 40, page 40 of Parcel Maps, Records of 55,aid County, more particularly described as follows: Cuir-mencing at the centerline intersection of Palm Avenue and 17th Street as shown on referenced Parcel 1-14ap; thence along said center- line of 17th Street North 41*39'49" East, 1627.90 feet; thence 1(2aving said centerline North 48'21'25" Wast, 45.00 feet to the Northwesterly right of way line of 17th Street and the True Point of Beginning; thenct., North 48121'25" West, 341.52 feet to a point on Lhe boundary line between parcels 1 and 2 of said Parcel I'Aap, thence along the boundary line between parcels I and 2 of said Parcel Map North 411139135" East, 9.18 feet; thence North 1039'35" East, 150.01 feet; thence leaving said boundary line South 89'38'16" East, 361.46 feet; thence North 0009'18" East, 418.15 feet to the Northerly line of Parcel 1 of said Parcel Map; thence along said Northerly A& line South 89'38'16" East, 338.84 feet; thence North 28*41'36" WescqW 0.44 feet to the Southerly right of way line of Utica Street, 60.00 f ee t wide; thence South 89-40'17" East, -132.20 feet to the beginning of a tangent curve concave Southwesterly and having a radius of 32.00 feet; thence Easterly and Southerly along said curve through a central tingle of 90*00'00" an arc distance of 50.27 feet to a point; thence South 001.9'43" West 48.42 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 32.00 feet; thence Southerly along said curve through a central. angle of 41*20'06" an arc distance of 23.04 feet to a point; thence South 41039'43" Wast 42-15 foet; thenco South 48"20'31" East 5.00 feet; thence South 41" 39'49" V,est 884.23 foeL to the point of beginning. 6.821 icies. Page 3 of 6 pages Exhibit 1161" to Park and Recreatio.n Dedication Agreement dated November 1981 1 SEACLIFF DEVELOPMENT -.rac._.64.53 - A -roved November 21, 1967 - 108 lots Final -,ract Lots" -*nits Recorded Ordinance Dollar/Ac. Required Zone Dedication 6453 !Ca/108 Augast 30, 1968 1238 $27, 630 .9847 Ac Rl 0 Park Acreage Formula - P 2.5(DU x OF) OF 3.78 1000 (i;%c), + 2 � 5 (DCJ x DF) I Tentative �.-"ract 6904 - Ao roved September 16, 1969 - 81 lots Fi-nal Tract Lots/units Recorded ordinance Dollar/Ac. Required Zone Dedication 6 0 I If 81/81 August 31, 10,70 1536 $27,6110 .7654 Ac R1-0 Park Acreage Formula - A = 2.5(DF x !DU) OF 3.78 1000 Te,ntative Tract 7421 - Approved May 18, 1,971 - ':"xtens;on Mlay 16, 1972 - 143 lots Final Tract Lots/Units Recorded Ordinance -i Resolution Dollar/Ac Required Zone rl m x 0; 1396 974 ;3 rk =- to 7656 60/60 April 10, 1972 1597 998 3214 31,562/Ac .606 Ac RI-0 a Cr A=2.5(DF x DU) (OF 4.04) 1000 3211 Acre) 1596 974 4 21 84/a4 July 13, 1972 1597 998 3214 31,562/Ac A48 Ac RI-0 A -0 0 (OF 4,04) '1211 P Acre) 0- Totit 333/131 3,2�'4 ACW 3 A0K V Exhibit "C"' and flurther excepting and reserving all existing leases, and all oil, gas, hydrocarbon and other mineral royalties, in full and complete satisfaction of the obligations and responsibilities of Mansion, HBCo. and all other parties to dedicate 6.821 acres for park and recreation PL.poses and/or pay fees in lieu thereof incurred because of the approval by City of Final Tract Maps numbered 6453, 6904, 7656, 7421, 7473, 8003, 8224, 8247, 8248 and 7155, and each of them. 2� The City further agrees that the rules, regulations and official policies governing permitted uses of said Well Islands, the density of said Well Islands, and the design, improvement and construction standards and specifications applicable to residential development of said Well islands, are those rules, regulations and official policies in force at the time *f execution of this agreement. 3. Neither the City nor Mansion intend by this Agreement to create any obligations on the part of either party inconsistent with any State Lav', or City ordinance. 4. Any and all quitclaim deeds, releases and other documents required to be exectited and/or recorded to evidence the agreement provided herein shall be promptly executed by Mansion and the City upon request by any party hereto. 5. No amendments to this Agreement shall be effective unless they are set forth in writing and executed by all parties or their successors and assigns, 6. This Agreement shall inure. to the benefit and bind the successors and assigns of the parties hereto. ATTEST: City Clerk CITY OF HUNTINGTON BEACH A municip3l corporation By — Mayor a Mayor Pro-Tem- I Ik 9S 7 153,4C. H14H 5CHO<�L- 4 lb �P QUITCI-A(M --A P. e A 6�46 it/ is'ev fall 'N LS !%7*04W -tilt f4r, v .v 4P. ll:�- . z Z/ irm 541 a, 41AMP (;u A t- A C 14 W A L WALDEN & ASSOCIATES, Inc. PUTM .4CMW.4NY IM Fwl Saker Stroe4 SWts IM COStA WeSS, C21110rills %W5 UPZ VA (714) 349-8649 llf� 6 of 6 pages 4cx///9/;r :4 caxh9eibit I'D" to Pa,rkt 6# t; on i3ti< LAND SURVMNG WONo' 7 Z- ZIP - and Recr"Oon Ded I MMMNUENTAL PLARMNO Chk, Aqreege�ot -dated 1 11 M LEGAL DESCRIPTION TIOR ROADWAY EASEMENT THROUGH HUNTINGTON CO�"JNITY PARK That portion of Parcel 1, in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 40, Page 40 of Parcel Maps, records of said County, more particularly described as follows: Commencing at the centerline intersection ol.' Palm Avenue and 17th Street as shown on referenced map; thence along said CenteTline of 17th Street N 41*39149" E, 1627.90 feet; thence leaving said centeTline N 48'21125" W, 4S.00 feet to the northwesterly right of way line of 17th Street and the TRUE POINT OF BEGINNING; thence N 48*2112S" W, 341.S2 feet to a point on the boundaTy line between Pa-rcels I and 2 of said Parcel Map; thenre along said boundary lin.e N 41'39135" E, 9.18 feet; thence N -,*3913511 E, 150.01 fect; thence leaving said boundary line 3 89'38116" E, 60.02 feet to a point that is 60,00 feet fTo,it and measured at Tight angles to -the boundary line between Parcels I and 2; thence on a line parallel to and 60.00 feet from said boundary line S 1*3913511 IN, 188.63 feet, thence S 48*2112511 E, 271.61 feet to the northwesterly right of way line of 17th Street; thence along said northwesterly line S 41'39149" W, 19�18 feet to the point of beginning, Page 4 of 6 pages Exhibit "C" to Park and Re4reat;i N--dication Agreement dated Novetober 1981 WALDEIN & ASSOCIATES, Inc. 4002 West GJITTY Avenuc, Suite B SabtA A-na, CalifOrnfa 9404 (7)4) $49-8649 (:IVIL V4G1NkXR1NG LAND SURVEYINO' ENVIR"MZNTAL PLANNING I Cut, chk� shoot Of -IN N I Nri �'`,'l;ONAL DISTRICT MAP 2-6-11 Y OF I I [ATINGTON BEACH N f; E C 0 t I N TY, C A LI FO R NI A uSE OF PROPERTY MAP GARF-ELD Ul Iz IM Ill U CF-C CF-E AVE I t --T 11-AN-1 LLULI J LJLJ.L, Uuu";,". I ,I [ I I � 1-11 ,1 �-. Sm-1 yLIA - MIUM J—, 11-1 r---1 r--7T-n r ------- Irl - �n 40AA01 AVE 4 7 Mi�-17 "10,; VE OA rA PLAT faer 3? .00�6' !3.08' r or 0 A' M?8*406"# 0.44' Ad �sl�b Z� 6'8el ACRES SCA L C; (--;!) r - loo, * lz $j V ,v is, IJ5 js a 18, d 48 3 41, N A� L ALf A V5 7r J., Exhibit "c- V$ to Fork and do te ove*15 A City of Huntington Beach P.01 BOX t90 CALIFORNIA SUAS OFFICE OF THE CITY CLERK January 4, 1982 Mansion Properties, Inc. 2110 Main Street Huntington Beach, CA. 92648 The City Council of the City of Huntington Beach at its December 21, 1981 tington Beach Community Park -Site Dedica- Council Meeting approVed the HunL tion Agreement. We have included a duly executed copy of this agreement .'or your records. The Council requested that Mansion Properties, Inc., transmit the deed of the 6.821 acre parcel to this office for recording. We would appreciate your forwarding this deed as soon as possible. Alicia M. Wentworth City Clerk AMW:CB:bt Enclosure CC: Vince NDorhouse, Community Services Director REQUEP FOR CITY COUNCOACTION Date November 25, 1981 Submitted to: Submitted by: Honorable Charles W. Mayor and City Council Thompson, City Admini Z -* strat0"01 I Prepared by: Vincent G. Moorhouse, Director, Community Service# Subject: HUNTINGTON BEACH COMMUNITY PARK/SITE DEDICATION A/6/xf/ AGREEMENT Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: OP --' V-1 STATEMENT OF ISSUE: Mansion Properties, Inc. as a condition for development of Seacliff and Beachwalk communities has agreed to dedicate F.821 acres of land westerly of Main Street and 17t'% Street adjacent to the southern boundary of Huntington Beach High School for community park purposes which is in accordance with the City of Huntington Beach General Plan, Open Space and Conservation Element. RECO14MENDATION: Approve the attached agreement and rmiest that Mansion Properties, Inc. transm.it the deed of the 6.821 acre parcel to �he City Clerk for recording. ANALYSIS: City staff, commissicns and city council have been contemplating for several years on the eventual dedication of this park site to the city in lieu of payment of park fees for Final Tract Maps numbered 6453, 6904, 7656, 7421, 8248 and 7155, which comprised the bulk of the Seacliff and Beachwalk developments. The Huntington Beach Union High School District purchased 5 acres from Mansion Properties, Inc, adjacent and south of Huntington Beach High School in 1979 in anticipation of the city acquiring the remainder of the near 12 acre parcel in order to allow for a future joint community park development, operation and maintenance agreement to be approved by both city and the district. FUNDING SOURCE: Not applicable. ALTERNATIVE ACTIONS: Accept fees T-atrates in force at the time each tract map was approved) in lieu of accepting the land dedication offer. ATTACHMENTS: Park and Recreation Dedication Agreement. CWT:VGM:NLW:cgs P10 4/81