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HomeMy WebLinkAboutMAROW/TOLEDO - 1996-06-109— Date/Time 12/23/96 1:41:47 PM City of Huntington Beach Page 1 Office of the City Clerk Records Ref Category Subject Entered Status Document Expires Box ID Label 340.80 812/93 Active 3545 NORTH AMERICAN WETLAND CONSERVATION COUNCIL For the Purchase of Land Within the Balsa Chica Grant Application 812193 �O 420.85 12/31/94 Active 5222 Balsa Chica/Local Coastal Program (LCP) Planned Community Program Wetlands Restoration Program September 1994 HU _600.10 12/31/89 Active CC 546 204 HUNTINGTON BEACH WETLANDS CONSERVANCY- Brockhurst St Widening Brookhurst St Bridge-CC-546 1987- 1989 MO 600.10 3/16/92 Active 1621 MOORE & RUTTER Legal Services Pacific Enviro Design v City 3/16/92 and Mills Land & Water v City - Wetlands - Whitehole n/Brookhurst s/Beach Blvd - 8/19/92 OVVE 600.10 9/16/91 Active 2012 WETLANDS RESEARCH ASSOCIATES Agrmt Wetland Consulting Services for Balsa Chica 9/16/91 TR 600.20 12/31/88 Active CC 546 1022 CALIF, STATE OF Dept of Trans & HB Wetlands Conservancy Brookhurst Bridge/PCH Widening CC-546 1987-1988 Total Records Detailed: 6 v Date/Time 12/23/96 1:52:53 PM City of Huntington Beach Office of the City Clerk Minutes Page 1 ID Category Subject Volume Page Date Keywords 33233 600.10 58 382 6/17/96 Resolution 96-54 - Adopted - Proposed Settlement & Exchange AGreement - City and Marow/Toledo - Acquisition of Encyclopedia Lots for Central Park - 600.10 33169 120.80 58 368 6/17196 Clo ses - pending litigation - City v Marow - 120.80 33144 600.10 58 358 6/10196 Study session -Continued from 6/3196-Settlement Agreement - Release & agreement for exchange of property-btwn City & Marow/Toledo-Acquisition of 20 Encyclopedia Lots for Central Park -Approved Counter Proposal to be presented to 33132 160.30 58 357 6/10/96 Discussion was held between Councilmembers and Mr. Marow 33131 160.30 58 356 6110/96 pub com response to Marow by City Clerk, Councilmen Garofalo, City Administrator 3128 1W 120.80 58 355 6/10/96 Closed session - pending litigation - City v. Marow - 120.80 33125 600.10 58 352 6/3196 Request for Reconsideration of 5/20/96 - City Council Approval of Settlement Release & Exchange AGreement between City and Marow - Acquisition of 20 Encyclopedia Lots - Motion to Reconsider Apprvl - reconsideration Scheduled for 6/10/96 - 33064 120.80 58 339 6/3/96 clo ses - Marow v City Date/Time 12/23/96 1:52:59 PM City of Huntington Beach Page 2 Office of the City Clerk Minutes ID Category Subject Volume Page Date Keywords 33014 600.10 58 329 5/20/96 Settlement Agreement, Release & Agreement for the Exchange of Property - Btwn City and MarowlToledo - Acquisition of 20 Encyclopedia Lots for Central Park - Approved - 600.10 Total Records Selected: 9 • Order No. 9636360-MW Escrow No. 9662719M FFW A WHEN RECORDED MAIL TO: CONNIE.BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTIJNGTON BEACH, CA 92648 (i'JC. /�= r_��� ? � E�.✓1s/.fir/ a-c�-� y Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder No Fee 19960483245 W 50am 09/23/96 004 9013060 09 27 G02 4 55 0.00 7.00 9.00 0.00 0.00 0.00 0.6 0.00 0.00 i.d , ��' C►fit• rr /�� ALL•/S 4�U �lc.�.:�-r.�� .'=.�� D GRANT DEED This office is exempt tram filing lee tflt�Qe' 17,�1i iiili� :: Ccde ,§ 6103. No Tax Due Per code 11922 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MILTON H. MAROW, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AIND MIGNON MAROW TOLEDO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY hereby GRANT(S) to 5 THE CITY OF HUNTLVGTON BEACH, a municipal corporation, the real property in the City of Huntington Beach, County of Orange, State of California; described as LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Dated August 5, 1996 y MILT H. MAROW stc MIG ' N MAROW TbLED0 Los MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 APPROVED AS TO FOR:d: GAIT, HU'TTOlI, City A,.torrey By_:i I?eputy City Attorney g%a,lyb� PARCELI: LOT 54 AND 55 OF TRACT NO. 32, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 2: LOT 54 OF TRACT NO. 45, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 34 OF MISCELLANEOUS MAPS, RECORDS -OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, ;MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. A STATE OF CALIFORNIA }ss. COUNTY OF Los A-N G cLs On. (� r l 'beforeme, personally appeared M (&:TGI1 M Aa ) 't TG&end , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose na.me(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(e) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Stephan Demirgian -DD 'NOTRF'fP?LIC eCA OR':A0 lse r_T LOSAt;3ELESCOI';Tv {Th-s e'ed :cr or%c-a noiana.' Se2;I CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the deed dated August 21, 1996, from MILTON H. MAROW, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AND MIGNON MAROW TOLEDO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY to the CITY OF HUNTINGTON BEACH, A CALIFORNIA MUNICIPAL CORPORATION, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: September 6,, 1996 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITY CLERK Deputy City Clerk 9:`foI10wuP',deedcert (Telephone: 714-536.5227 ) • Order No. 9636362-MW Escrow No. 9662719M AMONG REaLEM BY FftrAAIE RICAN TrTLE INSI!%WCE OQtl M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 926.18 Recorded in the County of Orange, California Garyll L. Granville, IiClerk/R�Coeer Af ill l�lll[IA [II iVV r 19960483240 11;60am 09/23/96 004 9013058 09 27 G02 9 55 0.00 7.00 24.00 0.00 0.00 0.00 0.00 0.00 27.00 GRANT DEED This ofilee Is exempt trom fillhg fees under Corse § 6103. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, No Tax Due Per code 1 1922 MIILTON H. MAROW, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AND NUGNON MAROW TOLEDO, A MARRIED WOM.MN AS HER SOLE AIND SEPARATE PROPERTY hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, the real property in the City of Huntington Beach, County of Orange, State of California, described as LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF Dated August 5, 1996 MILTON H. MAROW GNR MAROW TOr-EDO MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 APPROVED AS TO F DRI! : GAILHUTTOt?„ City AttorneY $y,:l Deputy City Attorney ?/Z(A6 PARCEL 1: LOT 19 OF TRACT NO. 32, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 31 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 2: LOT 8 IN BLOCK B OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THL LAND HEREINABOVE DESCRIBED. PARCEL 3: LOT 1 IN BLOCK B OF "TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS -BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS'AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 4: LOT 16 IN BLOCK B OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 5: LOT 20 IN BLOCK B OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS ' AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 6: LOT 22 IN BLOCK B OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 7: LOT 36 IN BLOCK B OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL S: LOT 59 1N BLOCK B OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY.SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AN❑ OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 9: LOTS 7 AND 8 IN BLOCK A OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 10: LOT 45 IN BLOCK A OF TRACT NO. 44, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 45 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 11: LOT 14 OF TRACT NO. 8, AS SHOWN ON A MAP RECORDED IN - BOOK 9, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH • • WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND. SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 12: LOT 23 OF TRACT NO. 8, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL; PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 13: LOT 15 OF TRACT NO. 45, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 34 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL 19: LOTS 38 AND 39 OF TRACT NO. 8, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 7 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. PARCEL IS: LOT 43 OF TRACT NO, 45, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 34 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS, NATURAL GAS, NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, GEOTHERMAL STEAM, AND ALL PRODUCTS DERIVED FROM ANY OF -THE FOREGOING, THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED, TOGETHER WITH THE PERPETUAL RIGHT OF DRILLING, MINING, EXPLORING, AND OPERATING THEREFOR, AND STORING IN AND REMOVING THE SAME FROM SAID LAND OR ANY OTHER LAND, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHER THAN THOSE HEREINABOVE DESCRIBED, OIL OR GAS WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS UNDER AND BENEATH OR BEYOND EXTERIOR LIMITS THEREOF, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, WITHOUT, HOWEVER THE RIGHT -TO DRILL, MINE, STORE, EXPLORE AND OPERATE THROUGH THE SURFACE OR THE UPPER 500 FEET OF THE SUBSURFACE OF THE LAND HEREINABOVE DESCRIBED. J STATE OF CALIFORNIA )ss. COUNTY OF (LGS AN On. �7N �� r' �q-� before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature S!eph2n Demirgiang U COMM. G999674 I1 .tiCTAgY PL)©4�w CALiFCaN;AD PCs A' G-LES CCUNTY A L �'1�� C-'r" CaF:•es J� g :8 1597 1 ?Tn•S d:ea iOr o.^.c-aI noiara: Sev .7 • CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the deed dated August 21, 1996, from MILTON H. MAROW, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, AND MIGNON MAROW TOLEDO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY to the CITY OF HUNTINGTON BEACH, A CALIFORNIA MUNICIPAL CORPORATION, is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: September 6, 1996 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By Deputy City Clerk g:}fol I o"v rAd ecdce rt (Telephone;714-536-5227) • � 5 SETTLEMENT AGREEMENT, RELEASE, AND AGREEMENT FOR THE EXCHANGE OF PROPERTY. This Settlement Agreement, Release, and Agreement for the Exchange of Real Property ("Agreement") is entered into this i?tL day of , 1996, by and between City of Huntington Beach, a public body, corporate and politic ("City") and Milton H. Marow and Mignon Marow Myers Toledo (collectively "Marow"). This Agreement is made in consideration of the following: RECITALS A. City filed an action in eminent domain, entitled .City of HUntin -ton Beach v, Esther M ow,_etc., et al., O.C.S.C. Case No. 729415, ("Eminent Domain Action"). In the Eminent Domain Action, the City of Huntington Beach sought to acquire certain real property owned by Marow, consisting of Assessor Parcels Nos. 110-153-16 and 110-186-17 in the County of Orange, California ("Condemned Property"). B. The parties have negotiated an agreement for the resolution of the Eminent Domain Action, which fixes an agreed amount of just compensation for the condemned property, and involves the exchange of various other properties owned by both the City and Marow. C. The parties wish to provide for the termination of the Eminent Domain Action, and the exchange of properties between them, in full and final settlement of any and all claims raised by the filing and conduct of the Eminent Domain Action. NOW, THEREFORE, IN CONSIDERATION OF ALL OF THE FOREGOING, THE PARTIES DO HEREBY AGREE AS FOLLOWS: F321159%003e21-oonsne0639.3 s0612sr96 -I- 1. Termination of Eminent Domain Action. City and Marow agree that the amount of just compensation for the taking of all property interests in the Eminent Domain Action shall be $45,000, plus statutory interest and costs. The parties will execute, and file, a Stipulation for Entry of Judgment in the eminent domain in substantially the form attached hereto as Exhibit "A". The parties will likewise seek entry of a Stipulated Judgment in Eminent Domain, and Final Order of Condemnation, in substantially the forms attached hereto as Exhibits "B" and "C". All parties will bear their own attorneys' fees, appraisers' costs, and litigation expenses incurred in the Eminent Domain Action. 2. Exchange of Property. Prior to the time of the filing of any Final Order of Condemnation in the Eminent Domain Action, City and Marow will exchange ownership of various properties owned by each, by way of an escrow, as more fully set forth below. The parties shall execute such escrow instructions as may be necessary to effectuate the transfer. a. City Transfer Prol&gy. City shall transfer to Marow certain lots located south of Ellis Avenue in the Fairview tract of Huntington Beach, California bearing the Orange County Assessor parcel numbers listed below ("City Exchange Property"): PARCEL # 159-393-20 159-393-04 159-393-24 159-393-05 159-393-26 159-393-06 159-393-27 159-393-08 159-393-32 159-393-09 159-393-35 159-393-11 159-393-37 159-393-12 159-393-39 F8211S%003821-00051218W9.3 a061251% -2- 159-393-42 159-393-43 159-393-49 159-393-51 159-393-52 159-393-53 159-393-54 • i b. Marow EIgbange PMWZ. Marow shall transfer to the City certain parcels of property located north of Ellis Avenue in Tracts 8, 32, 44 (Block A and B), and 45, further identified by the Orange County Assessor parcel numbers listed below ("Marow Exchange Property"): PARCEL # 110-152-06 3110-163-02 110-163-19 110-161-05 110-165-04 110-161-12 110-183-02 110-161-16 110-183-10 110-161-20 110-184-03 110-161-22 110-185-02 110-162-01 110-186-06 C. Mineral Rights. The transfer of the City Exchange Property and the Marow Exchange Property shall be exclusive of any and all mineral rights for oil, gas, or other minerals lying below 500 feet beneath the surface of each of the involved properties. d. Title Insurance. City shall secure preliminary title reports for all of the City Exchange Property and the Marow Exchange Property. Prior to the date for the completion of the transfer of the City Exchange Property, City shall clear all outstanding tax liens, deeds of trust, and all other encumbrances of record on the City Exchange Property, except such encumbrances as may be specifically approved by Marow in writing. Prior to the date of the completion of the transfer of the Marow Exchange Property, Marow will clear all outstanding tax liens, deeds of trust, and all other encumbrances of record on the Marow Exchange Property, except such encumbrances as may be specifically approved by. City in writing. Prior to the close of escrow on the exchange, City shall provide to Marow an ALTA FSZ1159100Ci8Z14)00 INM9.3 a0N25/% -3- • • title insurance policy covering the City Exchange Property, in the amount of coverage of $15,000 per exchanged lot. e. Costs of Escrow. City shall bear all costs of escrow, including escrow fees, documentary transfer taxes, recordation costs, and deeds. f. Documentation of Exchange. The transfer of the City Exchange Property to Marow, and the Marow Exchange Property to City, shall be documented by a single grant deed by each party, covering all of the respective City Exchange Property and Marow Exchange Property. g. Additional Documentation. Upon request by Marow, City will provide a letter to Marow, addressed to the assessing agencies listed herein, indicating that the transfer of the City Exchange Property to Marow and the Marow Exchange Property to City occurred under threat of eminent domain, as Marow may require for processing of any requests for exemption from special fees or assessments that may attach to any of the exchanged property. Such letters shall be addressed to the agencies responsible for the following charges and assessments: --MWD Water service fees --Rodent control fees --Weed and trash clearance fees --Any and all other assessments which may be levied against the exchanged property. Fs21159 OM21.000S12IN09.3 aO&2S/% -4- • • h. Physical Condition of Prog�ii ,. Both City and Marow have inspected the respective properties they will receive in exchange under the escrow contemplated herein, and have approved the physical condition of the property for transfer. Neither party makes any representation, warranty, or other representation as to the physical condition. of the property it transfers hereunder, including but not limited to the existence or presence of hazardous or toxic materials or substances, hazardous or toxic wastes, or any. other type of waste, pollution, or contaminant on or below the surface of the properties. All parties reserve any and all rights they may have under any applicable law to pursue any remedy, legal or equitable, against any prior owner, including any costs for investigation, cleanup, or remediation, of any hazardous or toxic material or substance, hazardous or toxic waste, or any other type of waste, pollution, or contaminant on or below the surface of the property each party receives pursuant to the exchange provided for hereunder, including but not limited to CERCLA (42 U.S.C. §9601 et seq.), the California Hazardous Substances Account Act (California Health and Safety Code Sections 25300 et seq.), the Hazardous Waste Control Law, California Health & Safety Code Section 25100, et seq.), the Porter Cologne Act (California Water Code Section 13000 et seq.) California Health & Safety Code Sections 25280 et seq. and 33459 et seq., and the provisions of Proposition 65. i. Additional Transfers. It is specifically understood by the City, and the City executes this instrument in reliance on that understanding, that upon transfer of lots 159- 393-53 and 159-393-54 to Marow by City, Marow will transfer all right, title and interest in such lots so acquired to Timothy Ryan, Esquire ("Transferee"), at a price of Fifteen Thousand Dollars ($15,000.00) per lot, and any such additional compensation as may be agreed to between F92\1SMO 3s21-OOOM19009.3 aO6W/% -5- • • Marow and the Transferee. Such transfer shall occur by separate escrow between Marow and Transferee, which escrow shall close simultaneously with the escrow contemplated for the properties to be exchanged between City and Marow hereunder. 3. Inturation. This Agreement arises out of an "Offer for Settlement" forwarded to the City by Marow on or about November 30, 1995, a copy of which is attached hereto as .Exhibit "D." This Agreement contains the entire agreement of the parties, and supersedes any and all prior oral and written representations or negotiations between them. This Agreement may only be amended by a writing signed by both parties. 4. Attorngy's Fees. In the event of any dispute arising out of this Agreement or any breach thereof, each party shall bear its own attorney fees. The prevailing party shall not be entitled to an award of reasonable attorney's fees incurred, whether or not the action proceeds to final judgment. As used in this paragraph, attorney's fees shall include expert witness fees, filing fees, and discovery costs, including the costs of deposition transcripts. [SIGNATURES ON NEXT PAGE] Fs2us9VMMI-000MI80 39.3 SOW251% -6- MAROW: By:�2� , r /Q ignon Marow Mye oledo REVIEWED AND APPROVED: A REVIEWED AND APPROVED: Oa42� A C&6L" David B. Cosgrovb Rutan & Tucker Special Counsel to City AND APPROVED: for Milton H. Mho Marow Myers Toledo Exhibit -List: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California — 24-w-Z � I C-� � �' - Mayor ATTEST: 7/, (.M(. City Clerk APPROVED AS TO FORM: -� City Attorney '1%1t}46 Exhibit "A" Form of Stipulation for Judgment Exhibit "B" Form of Stipulated Judgment in Eminent Domain Exhibit "C" Form of Final Order of Condemnation Exhibit "D" Offer for settlement from Marow to City F82115%8W214*05U18W9 3 aO&IM96 -7- EXHIBIT A • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RUTAN & TUCKER MICHAEL D. RUBIN (State Bar #062588) DAVID B. COSGROVE (State Bar #115564) 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Telephone: (714) 641-5100 Telecopier: (714) 546-9035 Attorneys for Plaintiff CITY OF HUNTINGTON BEACH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CITY OF HUNTINGTON BEACH, Plaintiff, vs ESTHER MAROW, as Trustee of the ESTHER MAROW REVOCABLE TRUST, MILTON H. MAROW, a married man, MIGNON MAROW TOLEDO, a named woman, and DOES 1 through 100, inclusive, Defendants. CASE NO.: 729415 ASSIGNED FOR ALL PURPOSES TO JUDGE TULLY H. SEYMOUR DEPARTMENT 30 STIPULATION FOR ENTRY OF JUDGMENT Plaintiff CITY OF HUNTINGTON BEACH ("City"), by and through its attorneys of record, Rutan & Tucker, and MILTON H. MAROW and MIGNON MAROW TOLEDO ("Marow"), by and through their attorneys, Palmieri, Tyler, Wiener, Wilhelm, and Waldron, hereby stipulate to all the facts, terms, and conditions set forth in the Proposed Judgment attached hereto as Exhibit "A", and by this reference incorporated herein as if set out in full. The parties hereby respectfully request that the Court enter a judgment consistent with this Stipulation and Exhibit "A" as to the property more FS2\290,003821-W5UI80813.18O6,21,% -1- EXHIBITS M L-J • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specifically described in Plaintiff's Complaint filed herein. By this Stipulation, the parties waive the right to jury trial, statement of decision, notice of entry and recording of judgment, and the right to time for appeal. DATED: June 1996 RUTAN & TUCKER DATED: June , 1996 By DAVID B. COSGROVE Attorneys for Plaintiff CITY OF HUNTINGTON BEACH PALMIERI, TYLER, WIENER, WILHELM & WALDRON By GARY C. WEISBERG Attorneys for Defendants MILTON H. MAROW and MIGNON MAROW TOLEDO FS2\290\003821-0005\2180813.1 e06/21/96 -2- r� • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RUTAN & TUCKER MICHAEL D. RUBIN (State Bar #062588) DAVID B. COSGROVE (State Bar #115564) 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Telephone: (714) 641-5100 Telecopier: (714) 546-9035 Attorneys for Plaintiff CITY OF HUNTINGTON BEACH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CITY OF HUNTINGTON BEACH, ) Plaintiff, ) vs ) ESTHER MAROW, as Trustee of the ) ESTHER MAROW REVOCABLE TRUST, ) MILTON H. MAROW, a married man, ) MIGNON MAROW TOLEDO, a named ) woman, and DOES 1 through 100, ) inclusive, ) Defendants. ) CASE NO.: 729415 ASSIGNED FOR ALL PURPOSES TO JUDGE TULLY H. SEYMOUR DEPARTMENT 30 [PROPOSED] STIPULATED JUDGMENT IN EMINENT DOMAIN The parties hereto, Plaintiff CITY OF HUNTINGTON BEACH, and Defendants MILTON H. MAROW and MIGNON MAROW TOLEDO, by and through their counsel of record, having previously stipulated to all facts, terms, and conditions set forth herein, and having requested the Court to enter judgment consistent with said stipulation, and having waived the right to jury trial, statement of decision, notice of entry and recording of judgment, and the right and time for appeal, the Court renders its judgment as follows: FS2\159\003821-0005\2180818.1 a06/21/96 EXHIBITS_ • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 IT IS HEREBY FOUND AND DETERMINED: 1. Plaintiff CITY OF HUNTINGTON BEACH ("City") filed this eminent domain action to acquire that certain portion of property located on Ellis Avenue, Huntington Beach, California, as described in Exhibit "A" hereto, naming all of the following defendants: ESTHER MAROW, as Trustee of the Esther Marow Revocable Trust, MILTON H. MAROW, MIGNON MAROW TOLEDO, and DOES 1 through 100. 2. Only Defendants MILTON MAROW and MIGNON MAROW (hereinafter "Marow") appeared in the action seeking just compensation. All other defendants except for Marow have either filed disclaimers, defaulted, or been dismissed from the action. No party other than Marow claims any right to any portion of the just compensation to be awarded for the taking of the property herein. 3. All DOE defendants are hereby dismissed. 4. The public use for which the subject property is being acquired is a use authorized by law, and the acquisition of said property is necessary to such use. 5. An Order of Prejudgment Possession was signed by the Honorable Francisco F. Firmat on or about May 31, 1994, and became effective July 5, 1994, authorizing Plaintiff to take possession of the subject property. 6. Plaintiff deposited the sum of Thirty Thousand Dollars ($30,000) with the Court as a deposit of probable just compensation on May 31, 1994. Pursuant to a Stipulation filed by the parties on April 24, 1995, Plaintiff paid to Marow the sum of Twenty-three Thousand Dollars ($23,100), in lieu of Marow's FS2\159\003821-0005U180818.1 a06/21/% -2- • • 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 withdrawal of the deposit of just compensation. The $30,000 deposit of just compensation remains on deposit with this Court. 7. City and Marow reached a settlement of the above - entitled action on the following terms: (a) Full just compensation for the acquisition of the interests in and to the subject property shall be the sum of Forty-five Thousand Dollars ($45,000). This amount represents all just compensation due and owing to defendant Marow, including all claims for the fair market value of the property, relocation benefits, improvements, fixtures, equipment, severance damages, pre -condemnation damages, loss of use damages, interest, litigation expenses and costs. (b) Plaintiff and Defendant shall enter into, and prior to any filing of any final order of condemnation pursuant to Code of Civil Procedure Section 1268.030, shall complete an exchange of various other properties, as identified in the settlement agreement entered into by the parties, and attached hereto as Exhibit "B". 8. On or before the closing date for the escrow for the exchange of properties between Plaintiff and Defendant as contemplated in the Settlement Agreement attached hereto as Exhibit "B", Plaintiff shall pay to Defendant Marow the sum of Twenty-one Thousand Nine Hundred ($21,900), as the remaining amount due for probable just compensation. At the same time, Plaintiff shall pay to Defendant statutory interest on the Forty- five Thousand Dollar ($45,000) amount of probable just compensation from January 5, 1994 until April 17, 1995, and statutory interest on the amount of Twenty-nine Thousand One FS2\159\0038214005\2180818.1 a06/21/96 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hundred Dollars ($29,100) from the time period of April 18, 1995 until the day of payment. 9. Upon entry of this judgment, the amount of Thirty Thousand Dollars ($30,000) deposited with the Orange County Treasury ("County") in this action by Plaintiff, together with any accrued interest thereon, shall be disbursed to Plaintiff, City of Huntington Beach, by check or warrant made payable to the "City of Huntington Beach" and mailed to Plaintiff's attorney, David B. Cosgrove, Esq., Rutan & Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, California 926262. To the extent that the constraints of the Orange County bankruptcy prevent full disbursement of such amount, this Court shall retain continuing jurisdiction for continuing orders for disbursement for any funds remaining on deposit with the County with the purpose of issuing further disbursement orders as may be appropriate. 10. All taxes or penalties accruing on or before the date of July 5, 1994 shall be paid by Marow. Any taxes or penalties accruing after the date of July 5, 1994 are hereby cancelled under authority of Revenue and Taxation Code Sections 4986 et seq. and Sections 5018 et sec. 11. Payment of all sums in the manner specified herein shall constitute just compensation in full for the real property, loss of business goodwill, fixtures and equipment, relocation benefits, accrued interest, costs, litigation expenses, and all damages of any kind or nature whatsoever suffered by the Defendants by reason of the taking. 12. Upon proof by Plaintiff that all of the terms of this Judgment have been met, the Court shall issue a Final Order of FS2\159\003821-0005\2180818.1 s06121/96 -4- 1 2 3 411 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 Condemnation relative to the Subject Property, pursuant to Code of Civil Procedure Section 1268.030, for recording in the Office of the County Recorder. DATED: JUDGE OF THE SUPERIOR COURT FS2\159\003821-0005\2180818.1 a06/21196 - 5 - EXHIBIT B • • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RUTAN & TUCKER MICHAEL D. RUBIN (State Bar #062588) DAVID B. COSGROVE (State Bar #115564) 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Telephone: (714) 641-5100 Telecopier: (714) 546-9035 Attorneys for Plaintiff CITY OF HUNTINGTON BEACH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CITY OF HUNTINGTON BEACH, Plaintiff, vs ESTHER MAROW, as Trustee of the ESTHER MAROW REVOCABLE TRUST, MILTON H. MAROW, a married man, MIGNON MAROW TOLEDO, a named woman, and DOES 1 through 100, inclusive, Defendants. CASE NO.: 729415 ASSIGNED FOR ALL PURPOSES TO JUDGE TULLY H. SEYMOUR DEPARTMENT 30 [PROPOSED] STIPULATED JUDGMENT IN EMINENT DOMAIN The parties hereto, Plaintiff CITY OF HUNTINGTON BEACH, and Defendants MILTON H. MAROW and MIGNON MAROW TOLEDO, by and through their counsel of record, having previously stipulated to all facts, terms, and conditions set forth herein, and having requested the Court to enter judgment consistent with said stipulation, and having waived the right to jury trial, statement of decision, notice of entry and recording of judgment, and the right and time for appeal, the Court renders its judgment as follows: EXHIBIT3 FS2\159\003821-0005\2180818.1 n06/21/96 - 1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY FOUND AND DETERMINED: 1. Plaintiff CITY OF HUNTINGTON BEACH ("City") filed this eminent domain action to acquire that certain portion of property located on Ellis Avenue, Huntington Beach, California, as described in Exhibit "A" hereto, naming all of the following defendants: ESTHER MAROW, as Trustee of the Esther Marow Revocable Trust, MILTON H. MAROW, MIGNON MAROW TOLEDO, and DOES 1 through 100. 2. Only Defendants MILTON MAROW and MIGNON MAROW (hereinafter "Marow") appeared in the action seeking just compensation. All other defendants except for Marow have either filed disclaimers, defaulted, or been dismissed from the action. No party other than Marow claims any right to any portion of the just compensation to be awarded for the taking of the property herein. 3. All DOE defendants are hereby dismissed. 4. The public use for which the subject property is being acquired is a use authorized by law, and the acquisition of said property is necessary to such use. 5. An Order of Prejudgment Possession was signed by the Honorable Francisco F. Firmat on or about May 31, 1994, and became effective July 5, 1994, authorizing Plaintiff to take possession of the subject property. 6. Plaintiff deposited the sum of Thirty Thousand Dollars ($30,000) with the Court as a deposit of probable just compensation on May 31, 1994. Pursuant to a Stipulation filed by the parties on April 24, 1995, Plaintiff paid to Marow the sum of Twenty-three Thousand Dollars ($23,100), in lieu of Marow's FS2\159\003821-WSU180818.1 a06/21/% -2- 1 withdrawal of the deposit of just compensation. The $30,000 2 deposit of just compensation remains on deposit with this Court. 3 7. City and Marow reached a settlement of the above- 4 entitled action on the following terms: 5 (a) Full just compensation for the acquisition of the 6 interests in and to the subject property shall be the sum of 7 Forty-five Thousand Dollars ($45,000). This amount represents 8 all just compensation due and owing to defendant Marow, including 9 all claims for the fair market value of the property, relocation 10 benefits, improvements, fixtures, equipment, severance damages, 11 pre -condemnation damages, loss of use damages, interest, 12 litigation expenses and costs. 13 (b) Plaintiff and Defendant shall enter into, and 14 prior to any filing of any final order of condemnation pursuant 15 to Code of Civil Procedure Section 1268.030, shall complete an 16 exchange of various other properties, as identified in.the 17 settlement agreement entered into by the parties, and attached 18 hereto as Exhibit "B". 19 8. On or before the closing date for the escrow for the 20 exchange of properties between Plaintiff and Defendant as 21 contemplated in the Settlement Agreement attached hereto as 22 Exhibit "B", Plaintiff shall pay to Defendant Marow the sum of 23 Twenty-one Thousand Nine Hundred ($21,900), as the remaining 24 amount due for probable just compensation. At the same time, 25 Plaintiff shall pay to Defendant statutory interest on the Forty- 26 five Thousand Dollar ($45,000) amount of probable just 27 compensation from January 5, 1994 until April 17, 1995, and 28 statutory interest on the amount of Twenty-nine Thousand One FS2\159\0038214005\2180818.1 a06/21/% - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 .21 22 23 24 25 26 27 28 I Hundred Dollars ($29,100) from the time period of April 18, 1995 until the day of payment. 9. Upon entry of this judgment, the amount of Thirty Thousand Dollars ($30,000) deposited with the Orange County Treasury ("County") in this action by Plaintiff, together with any accrued interest thereon, shall be disbursed to Plaintiff, City of Huntington Beach, by check or warrant made payable to the "City of Huntington Beach" and mailed to Plaintiff's attorney, David B. Cosgrove, Esq., Rutan & Tucker, 611 Anton Boulevard, Suite 1400, Costa Mesa, California 926262. To the extent that the constraints of the Orange County bankruptcy prevent full disbursement of such amount, this Court shall retain continuing jurisdiction for continuing orders for disbursement for any funds remaining on deposit with the County with the purpose of issuing further disbursement orders as may be appropriate. 10. All taxes or penalties accruing on or before the date of July 5, 1994 shall be paid by Marow. Any taxes or penalties accruing after the date of July 5, 1994 are hereby cancelled under authority of Revenue and Taxation Code Sections 4986 et seq. and Sections 5018 et sect. 11. Payment of all sums in the manner specified herein shall constitute just compensation in full for the real property, loss of business goodwill, fixtures and equipment, relocation benefits, accrued interest, costs, litigation expenses, and all damages of any kind or nature whatsoever suffered by the Defendants by reason of the taking. 12. Upon proof by Plaintiff that all of the terms of this Judgment have been met, the Court shall issue a Final Order of FS2\1591003821-W512180818.1 ao6/21/96 -4- 1 Condemnation relative to the Subject Property, pursuant to Code 2 of Civil Procedure Section 1268.030, for recording in the Office 3 of the County Recorder. 4 DATED: 5 JUDGE OF THE SUPERIOR COURT 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FS2\159\003821-0005\2180818.1 a06121/96 - 5 - LEGAL DESCRIPTION For ASSESSOR'S PARCEL NO. 110-153-16 Lots 54 and 55, Tract 32, Book 9, Page 31, M.M., Orange County, California. LEGAL DESCRIPTION For ASSESSOR'S PARCEL NO. 110-186-17 Lot 54, Tract 45, Book 9, Page 34, M.M., Orange County, California. (Marow) FS2\159\003821-0005\2096433.1 05/06/94 SETTLEMENT AGREEMENT, RELEASE, AND AGREEMENT FOR THE EXCHANGE OF PROPERTY. This Settlement Agreement, Release, and Agreement for the Exchange of Real Property ("Agreement") is entered into this _ day of , 1996, by and between City of Huntington Beach, a public body, corporate and politic ("City") and Milton H. Marow and Mignon Marow Myers Toledo (collectively "Marow"). This Agreement is made in consideration of the following: RECITALS A. City filed an action in eminent domain, entitled City of Huntington Beach v. Esther Marow, etc., et al., O.C.S.C. Case No. 729415, ("Eminent Domain Action"). In the Eminent Domain Action, the City of Huntington Beach sought to acquire certain real property owned by Marow, consisting of Assessor Parcels Nos. 110-153-16 and 110-186-17 in the County of Orange, California ("Condemned Property"). B. The parties have negotiated an agreement for the resolution of the Eminent Domain Action, which fixes an agreed amount of just compensation for the condemned property, and involves the exchange of various other properties owned by both the City and Marow. C. The parties wish to provide for the termination of the Eminent Domain Action, and the exchange of properties between them, in full and final settlement of any and all claims raised by the filing and conduct of the Eminent Domain Action. NOW, THEREFORE, IN CONSIDERATION OF ALL OF THE FOREGOING, THE PARTIES DO HEREBY AGREE AS FOLLOWS: FS2\159\003821-M5\2180639.3 a06/25/% -1- EXHIBIT 1. Termination of Eminent Domain Action. City and Marow agree that the amount of just compensation for the taking of all property interests in the Eminent Domain Action shall be $45,000, plus statutory interest and costs. The parties will execute, and file, a Stipulation for Entry of Judgment in the eminent domain in substantially the form attached hereto as Exhibit "A". The parties will likewise seek entry of a Stipulated Judgment in Eminent Domain, and Final Order of Condemnation, in substantially the forms attached hereto as Exhibits "B" and "C" . All parties will bear their own attorneys' fees, appraisers' costs, and litigation expenses incurred in the Eminent Domain Action. 2. Exchange of Property. Prior to the time of the filing of any Final Order of Condemnation in the Eminent Domain Action, City and Marow will exchange ownership of various properties owned by each, by way of an escrow, as more fully set forth below. The parties shall execute such escrow instructions as may be necessary to effectuate the transfer. a. City Transfer Property. City shall transfer to Marow certain lots located south of Ellis Avenue in the Fairview tract of Huntington Beach, California bearing the Orange County Assessor parcel numbers listed below ("City Exchange Property"): PARCEL # 159-393-20 159-393-04 159-393-24 159-393-05 159-393-26 159-393-06 159-393-27 159-393-08 159-393-32 159-393-09 159-393-35 159-393-11 159-393-37 159-393-12 159-393-39 FS2\159\003821-0005\2180639.3 a06/25/% -2- 159-393-42 159-393-43 159-393-49 159-393-51 159-393-52 159-393-53 159-393-54 • • b. Marow Exchange Property Marow shall transfer to the City certain parcels of property located north of Ellis Avenue in Tracts 8, 32, 44 (Block A and B), and 45, further identified by the Orange County Assessor parcel numbers listed below ("Marow Exchange Property"): PARCEL # 110-163-02 110-152-06 110-163-19 110-161-05 110-165-04 110-161-12 110-183-02 110-161-16 110-183-10 110-161-20 110-184-03 110-161-22 110-185-02 110-162-01 110-186-06 C. Mineral Rights. The transfer of the City Exchange Property and the Marow Exchange Property shall be exclusive.of any and all mineral rights for oil, gas, or other minerals lying below 500 feet beneath the surface of each of the involved properties. d. Title Insurance. City shall secure preliminary title reports for all of the City Exchange Property and the Marow Exchange Property. Prior to the date for the completion of the transfer of the City Exchange Property, City shall clear all outstanding tax liens, deeds of trust, and all other encumbrances of record on the City Exchange Property, except such encumbrances as may be specifically approved by Marow in writing. Prior to the date of the completion of the transfer of the Marow Exchange Property, Marow will clear all outstanding tax liens, deeds of trust, and all other encumbrances of record on the Marow Exchange Property, except such encumbrances as may be specifically approved by City in writing. Prior to the close of escrow on the exchange, City shall provide to Marow an ALTA FS2\159\003821-MSU180639.3 a06/25/% -3- title insurance policy covering the City Exchange Property, in the amount of coverage of $15,000 per exchanged lot. e. Costs of Escrow. City shall bear all costs of escrow, including escrow fees, documentary transfer taxes, recordation costs, and deeds. f. Documentation of Exchange. The transfer of the City Exchange Property to Marow, and the Marow Exchange Property to City, shall be documented by a single grant deed by each party, covering all of the respective City Exchange Property and Marow Exchange Property. g. Additional Documentation. Upon request by Marow, City will provide a letter to Marow, addressed to the assessing agencies listed herein, indicating that the transfer of the City Exchange Property to Marow and the Marow Exchange Property to City occurred under threat of eminent domain, as Marow may require for processing of any requests for exemption from special fees or assessments that may attach to any of the exchanged property. Such letters shall be addressed to the agencies responsible for the following charges and assessments: --MWD Water service fees --Rodent control fees --Weed and trash clearance fees --Any and all other assessments which may be levied against the exchanged property. FS2\159\003821-0005\2180639.3 a06/25/% -4- • h. Physical Condition of Property. Both City and Marow have inspected the respective properties they will receive in exchange under the escrow contemplated herein, and have approved the physical condition of the property for transfer. Neither party makes any representation, warranty, or other representation as to the physical condition of the property it transfers hereunder, including but -not limited to the existence or presence of hazardous or toxic materials or substances, hazardous or toxic wastes, or any other type of waste, pollution, or contaminant on or below the surface of the properties. All parties reserve any and all rights they may have under any applicable law to pursue any remedy, legal or equitable, against any prior owner, including any costs for investigation, cleanup, or remediation, of any hazardous or toxic material or substance, hazardous or toxic waste, or any other type of waste, pollution, or contaminant on or below the surface of the property each party receives pursuant to the exchange provided for hereunder, including but not limited to CERCLA (42 U.S.C. §9601 et seq.), the California Hazardous Substances Account Act (California Health and Safety Code Sections 25300 et seq.), the Hazardous Waste Control Law, California Health & Safety Code Section 25100, et seq.), the Porter Cologne Act (California Water Code Section 13000 et seq.) California Health & Safety Code Sections 25280 et seq. and 33459 et seq., and the provisions of Proposition 65. i. Additional Transfers. It is specifically understood by the City, and the City executes this instrument in reliance on that understanding, that upon transfer of lots 159- 393-53 and 159-393-54 to Marow by City, Marow will transfer all right, title and interest in such lots so acquired to Timothy Ryan, Esquire ("Transferee"), at a price of Fifteen Thousand Dollars ($15,000.00) per lot, and any such additional compensation as may be agreed to between FS2\159\003821-W5\2180639.3 a06/25/% -5- Marow and the Transferee. Such transfer shall occur by separate escrow between Marow and Transferee, which escrow shall close simultaneously with the escrow contemplated for the properties to be exchanged between City and Marow hereunder. 3. Integration. This Agreement arises out of an "Offer for Settlement" forwarded to the City by Marow on or about November 30, 1995, a copy of which is attached hereto as Exhibit "D. " This Agreement contains the entire agreement of the parties, and supersedes any and all prior oral and written representations or negotiations between them. This Agreement may only be amended by a writing signed by both parties. 4. Attorney's Fees. In the event of any dispute arising out of this Agreement or any breach thereof, each party shall bear its own attorney fees. The prevailing party shall not be entitled to an award of reasonable attorney's fees incurred, whether or not the action proceeds to final judgment. As used in this paragraph, attorney's fees shall include expert witness fees, filing fees, and discovery costs, including the costs of deposition transcripts. [SIGNATURES ON NEXT PAGE] FS2\159\003821-M5\2180639.3 a06/25/% -6- MAROW: CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California By: Milton H. Marow Mayor By: Mignon Marow Myers Toledo ATTEST: REVIEWED AND APPROVED: REVIEWED AND APPROVED: David B. Cosgrove Rutan & Tucker Special Counsel to City REVIEWED AND APPROVED: Attorney for Milton H. Marow and Mignon Marow Myers Toledo Exhibit List: City Clerk APPROVED AS TO FORM: q�City Attorney -P-j- I / 10 /76 INITIATED AND APPROVED: Deputy City Administrator/Director of Administrative Services Exhibit "A" Form of Stipulation for Judgment Exhibit "B" Form of Stipulated Judgment in Eminent Domain Exhibit "C" Form of Final Order of Condemnation Exhibit "D" Offer for settlement from Marow to City FS2\159\003821-0005\2180639.3 a06/25/% -7 • • EXHIBIT C • 0 ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RUTAN & TUCKER MICHAEL D. RUBIN (State Bar #062588) DAVID B. COSGROVE (State Bar #115564) 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Telephone: (714) 641-5100 Telecopier: (714) 546-9035 Attorneys for Plaintiff CITY OF HUNTINGTON BEACH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CITY OF HUNTINGTON BEACH, Plaintiff, vs ESTHER MAROW, as Trustee of the ESTHER MAROW REVOCABLE TRUST, MILTON H. MAROW, a married man, MIGNON MAROW TOLEDO, a named woman, and DOES 1 through 100, inclusive, Defendants. CASE NO.: 729415 ASSIGNED FOR ALL PURPOSES TO JUDGE TULLY H. SEYMOUR DEPARTMENT 30 FINAL ORDER OF CONDEMNATION [C.C.P. 5 1268.030] The above -named Plaintiff having satisfied all requirements for paying the total amount of compensation awarded by the Court for the taking of the property more fully described herein and for all damage of each and every suffered or to be suffered by all Defendants by reason of the taking of said property; NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED, that the property more fully described in Exhibit "A" attached hereto and incorporated herein, be and is hereby condemned to plaintiff. EXHIBIT- C- FS2\159\003821-0005\2180833.1 a06/21/% -1- 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 231 24 25 26 27 28 IT IS FURTHER ORDERED that pursuant to California Revenue and Taxation Code Sections 5018 et sea., all taxes, penalties, and costs, if any, relating to said property, from and after the effective date of the order of.immediate possession, to wit, May 31, 1994, be and are hereby cancelled. IT IS FURTHER ORDERED that a certified copy of this final order be recorded in the Office of the Recorder of the County of Orange, California, and thereupon title to said property shall rest in the plaintiff. DATED: JUDGE OF THE SUPERIOR COURT FS2\159\003821-0005\2180833.1 a06/21/% - 2 - f! LEGAL DESCRIPTION For ASSESSOR'S PARCEL NO. 110-153-16 Lots 54 and 55, Tract 32,.Book 9, Page 31, M.M., Orange County, California. LEGAL DESCRIPTION For ASSESSOR'S PARCEL NO. 110-186-17 Lot 54, Tract 45, Book 9, Page 34, M.M., Orange County, California. (Marow) FS2\159\003821-0005\2096433.1 05/06/94 �D® '. D� EXHIBIT D r� OFFER FOR SETTLEMENT This offer is presented by Milton H. Marow, who represents and warrants to the City that he is authorized to negotiate and enter into a settlement of the action behalf of all named defendants, excluding Esther Marow, (i.e., trust) who has no interest in this property. This offer is a statement of Mr. Marow's intent to resolve these cases under the terms herein specified. You may present this matter to the City Council for approval. This offer shall constitute continuing settlement negotiations subject to the exclusionary provisions of Evidence Code sections 1152 and 1154. The parties have agreed in principle to settle that certain eminent domain action entitled City of Huntington Beach v. Esther Marow, etc., et al., Orange County Superior Court Case No. 72 94 15 ("eminent domain action"). In the eminent domain action, the City of Huntington Beach ("City") is seeking to acquire certain real property owned by defendant Marow, consisting of Assessor Parcel Nos. 110-153-16 and 110-186-17 in the County of Orange, California. The parties have agreed to settle the eminent domain action on the following terms and conditions: Esther Marow, former owner, has no interest in this property. Marow-Vesting: Milton H. Marow k undivided interest as his sole and separate property, and Mignon Marow Myers Toledo k undivided interest as her sole and separate property. EXHIBIT-1- • 0 Both parties will clear all outstanding tax liens, deeds.of trust, and all other encumbrances of record on such lots, except such encumbrances as shall be specifically approved by both parties in writing. 1. The City will pay to defendant Marow the amount of $45,000, plus statutory interest and costs, as just compensation for the property condemned in the eminent domain action. The City will receive an offset in the amount of $23,100 for payment previously made as a result of defendant Marow's partial withdrawal of the court deposit. Marow to reserve mineral rights. 2. The City wishes to acquire certain other real property situated north of Ellis Avenue owned by defendant Marow, the parties have agreed to an exchange of real property as part of the settlement. The City currently owns certain lots located south of Ellis Avenue in the Fairview track of Huntington Beach, California, bearing the Orange County Assessor Parcel Nos. listed below, zoned recreation open space: 159-393-04 159-393-05 159-393-06 159-393-08 159-393-09 159-393-11 159-393-12 159-393-20 159-393-24 159-393-26 159-393-27 159-393-32 159-393-35 159-393-37 159-393-39 159-393-42 159-393-43 159-393-49 159-393-51 159-393-52 159-393-53 159-393-54 Defendant Marow owns certain parcels of property situated north of Ellis Avenue in Tracts 8, 32, 44; Block A and B, and 45, and further identified by the Orange County Assessor Parcel Nos. listed below, zoned recreation open space: 110-152-06 110-161-05 110-161-12 110-161-16 110-161-20 110-161-22 110-162-01 110-163-02 110-163-19 110-165-04 110-183-02 110-183-10 110-184-03 110-185-02 110-186-06 The City and defendant Marow have agreed that, as part of the settlement of the eminent domain action and to avoid the necessity of future eminent domain proceedings, ownership to the above -listed parcels (or such other parcels as to which the parties may subsequently agree), will be exchanged by and between the City and defendant Marow. Each party to reserve all mineral rights below 500 feet. 3. As the City is acquiring the remaining Marow property in eminent domain action, the City will bear all costs associated with the real property transfers. Such costs will include, without limitation, ALTA Title Insurance policies, escrow fees, any documentary transfer taxes, recordation costs, and deeds. Exchanges will be documented by a single grant deed by each party, covering all their properties. Title insurance policies will be equal in exchange, value not to exceed $255,000 each. 4. Defendant Marow desires the City to structure the above -described real property transfers as I.R.S. "1031" tax deferred exchanges, as well as a conveyance under threat of condemnation that permits income tax and property tax rollovers of basis to the new properties. The City will furnish an accommodators' statement and Orange County tax assessors' approval. Each party would reserve their respective mineral rights in the subject lots prior to the exchange. 5. Special assessment agencies: Mr. Marow requests the City's assistance by writing brief letters, noting the property was exchanged under threat of condemnation and zoned recreation open space�in attempt to obtain exemption from the following special fees and assessments that may attached to the exchanged property: • MWD water service fees; • Rodent control fees; • Weed and trash clearance fees; e Any and all other assessments which may be levied against the exchanged property. 6. The above -described property exchange is contingent on defendant Marow's approval as to the condition of title in the Fairview Tract preliminary title report to be ordered by the City, of each lot to be received in the exchange. Neither party will warrantee nor undertake physical remediation measures regarding the property being exchanged. Except: The City will maintain its drainage pipe system under Ellis, and remedy related future problems. 7. All parties to the eminent domain action will bear their own litigation expenses, including attorneys' fees and expert witness fees. Marow will pay for the Fairview preliminary title report. Dated:1� Milton H. Marow Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: June 17, 1996 Department ID Number: 96-08 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: AIL HUTTON, City Attorney SUBJECT: PROPOSED SALE AND EXCHANGE OF ENCYCLOPEDIA LOTS Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: As part of the settlement of the City v. Marow eminent domain case, the City has agreed to trade some parcels with Mr. Marow. A resolution is required to approve the exchange. Funding Source: N/A Recommended Action: Adopt the attached Resolution approving the sale and exchange of property. Alternative Action(s): Acquire the three lots for street widening but do not participate in the sale and exchange of encyclopedia lots. This would require proceeding with the eminent domain process for the three lots for street widening. 9kL_UEST FOR COUNCIL ACM MEETING DATE: June 17, 1996 DEPARTMENT ID NUMBER: 96-08 Analysis: Under the development agreement for the development of the Holly-Seacliff area, the City is required to acquire the right-of-way for various street widening and improvement projects. All right-of-way costs are paid by the developer subject to potential partial reimbursement in the future from other developer's benefiting from the improvements. Three encyclopedia lots owned by Mr. Milton H. Marow were needed for the Ellis Avenue widening related to this development agreement, and no negotiated agreement could be reached. The City Council approved filing an eminent domain action to acquire the three lots, and this action was filed on May 9, 1994. After the eminent domain action was filed, Mr. Marow initiated a request to discuss exchanging other encyclopedia lots owned by the City and Mr. Marow. These discussions led to a position by Mr. Marow that agreement on the exchange would be required before he would agree to a price for the City acquisition of three lots bordering Ellis Avenue. Ultimately agreement was reached. Delays due to Mr. Marow's serious illness and the Orange County Bankruptcy prevented an earlier presentation to the City Council for approval. On June 10, 1996, the City. Council approved a modification to the settlement with Mr. Marow that included selling 2 lots adjacent to the Ryan house to Mr. Ryan for $15,000 each. Mr. Marow has accepted the proposed modification. This proposed exchange will facilitate the City's acquisition of lots for Central Park and also consolidate Mr. Marow's ownership in the Fairview tract south of Ellis Avenue. Of the 300 encyclopedia lots within the designated Central Park area, the City already owns 225 lots. The City will, at the completion of this proposed exchange and acquisition, own 245 of the total encyclopedia lots, bringing the City that much closer to its desired total acquisitions. Environmental Status: Not applicable. Attachment(s): 1 Resolution approving exchange of property. 9 6" 5y 2 Map of general area. 3 Map of Central Park encyclopedia lots (north of Ellis). 4 Map of Fairview Addition Tract (south of Ellis). MAROW617.DOC -2- 06/14/96 5:02 PM E /s a RESOLUTION NO. 96-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXCHANGE OF CERTAIN REAL PROPERTY PURSUANT TO HUNTINGTON BEACH MUNICIPAL CODE SECTION 3.06.010(d) WHEREAS, it has been proposed that the City of Huntington Beach should exchange certain real property owned by the City, generally located within the city limits on the south side of Ellis Avenue between Edwards and Goldenwest Streets in the City of Huntington Beach, for other certain real property generally located within the city limits on the north side of Ellis Avenue between Edwards and Goldenwest Streets; and The City Council has carefully considered the possible alternative methods of disposition of the property; and -- NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That after due and careful consideration of all possible alternative methods of disposition of the property, the City Council hereby declares, pursuant to the provisions of the Huntington Beach Municipal Code Section 3.06.010(d), that it is in the best interest of the City to exchange certain city - owned surplus real property for other real property as more particularly described in Exhibit "A," and incorporated by this reference as though fully set forth herein. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 1-7th day of. June , 1996. ATTEST: EWA My Clerk REVIEWED AND APPROVED: City Administrator` 4\s: G:4-96 Resol\Surplu s 6/14/96 G�— Mayor APPROVED AS TO FORM: '4� • Property to be Exchanged from City to Marow 159-393-04 159-393-05 159-393-06 159-393-08 159-393-09 159-393-11 159-393-12 Property to be Exchanged from Marow to City 110-152-06 110-161-05 110-161-12 110-161-16 110-161-20 110-161-22 110-162-01 110-163-02 City Owned Parcel Nos. 159-393 20 159-393-42 159-39324 159-393-43 159-393-26 159-393-49 159-393-27 159-393-51 159-393-32 159-393-52 159-393-35 159-393-53 159-393-37 159-393-54 159-393-39 Marow Owned Parcel Nos. 110-163-19 110-165-04 110-183-02 110-183-10 110-184-03 110-185-02 110-186-06 G:4-96Agree:Marow-2 I r" 4-9 1 I e PRK- 'r P a 5 p Xs Xi A T A�L II I I ,.T�.�� I I .IIIIII -1T- `�, AA IIII '`. I I I I.I I I I I I -r2 � ,yl.w�, i II Illlilll ��.� � III II Illlli III-- . __ ,... ����. I 11��1.111 -, firt - T-1 1 � - .IIIIir�III�I I I OT I L! L 15 - Go Ll P t-:?J e 67 bAiP-TEK-S,=-c 7-10 �J IIIII ! I I l l I I_I � . i� III i �li�j "'y S.&Ossjisr P.,0018 S.bloss;ssr - 2joly - - 111 Iq 2nN,?Ar z ilti Rli m 21 '6!; 1f, -9-?S 'p/I '3,V , 0/1 5 Wod Oil OOP V-L P L 0 0 1 -v VA O 33-7 ILI oo-vvw, - ec. ts. 10 t;. 159 T. 5 5, R. // l/✓. <' �. � N !i Iy' o �' J I PAGE I OF QI V 110 16 -1 p 30 •' ZS �' I 1?0' �zJ' 2S' 7 ` F /R 1�1EIW c _ _ c_C\_ _ 4 ,5'12 TRACT 1 31 / ,s 71 E 9 /0 // l 13 /4 /5 /61 /7 /2 /9 !J � 2/ 22 2J 24 Y I I , 22 21 20 19 18 11 16 15 14 13 1 I I I Z3' •• zJ• Iyc• ZJ• 25• Ise. I I? z� I 1 I LOT A o CARRIACE CIRCL E I N v ! / /00' i O 25 24 25 2627I28 30 Zi- ' 251 2,j 27 122 20 _^� �r _ -0 ✓7 ✓(i 3'GO �' J Y LG 4z, G6I G7 4P, SEEr .�- 9 I I I I Cis, 4 4..I G� JS j �� •I i 1 �� LOT 5 I 4 c5 46 � 6. 40 501(f5.1 52 55 A/0. /32/0 :/ 7j 5c4 o53, 54 555rj 59 J J �-01','r� I: � CIRC!ES cout.� :ter' C)P ;;GE (,ov.to lzl4Ko�v U Order No. 9636361-M W Escrow No. 9("62719M WHEN RECORDED MAIL TO: MILTON H. MAROW 864 N. BUNDY DRIVE LOS ANGELES, CA 90049 -1114 DOCUMENTARY TRANSFER TAX $ Computed on die consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder 19960483243 11; 50am 09/23/96 004 9013059 09 27 G02 2 04 126.50 7.00 3.00 0.00 0.00 126.50 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Irl Signamrc of Declarant or Agent determining tax - Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION hereby GRANT(S) to MILTON H. MAROW, A MARRIED MAN, AS IIIS SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED ONE- HALF INTEREST; MIGNON MAROW TOLEDO, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED ONE-HALF INTEREST, the real property in the City of Huntington Beach, County of Orange, State of California, described as LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF .ao f,t Ir `lY Dated- 4y-30, 1996 } STATE OF CALIF( NIA }ss. COUNTY OF , i a ,��", �__ } �' JJ before me, On ��._ Ii.�L.-w� tic ✓ 4' (`i I �' personally appeared y>ci U C y rz L. ( .` IL, 1. , 1. (' --------- . personally known to me{orpmved-to memr-the-basis of-catisfaetory evidence) to be the personO)whose namr(Cs�-WMsubscribed to the within instrument and acknowledged to ::te that -he/ IT to executed the same in ftis[her ei authorized capacil les and that by �his.� l t r')signaturto on the instrument the persotes or the entity upon behalf of which the persoll(s) acted, executed the instrument. WITNESS my hand and ficial seal. / Signatuf I MAIL 'I X STATEMENTS AS DIRECTED TO: SAME AS ABOVE CITY OF HUNTINGTON BEACH By: APPROVED AS TO FORA: GAIL BUTTON„ City Attorney By,:1 Deputy, City, Attorney ATTEST: 7 tom•' �i ''C-C,I / C L.L c � �:. _ City Clerk (This are., for official notarial seal) (AURA A. NELSON ComrriWon I1066263 z Notary R b le — Collfomlo a ORANGE COUNTY M 9YY Comm. Expires AA 23, 1999 Ot-9636361 ALI. 'IIIAF ('FWIAIN LAND SITUATED IN 1111; STATE UI' CALIFORNIA, COUNTY OF ORANG11, CITY OF IUN'I'IN(:'I'ON BEACH, DESCRIBED AS FOLLOWS: LOTS 3, 4, 5, G, 8, 9, 11, 12, 15, 27, 29, 30, 35, 37, 38, 41, 43, 47, 54, 57, 58, 59 AND 60 IN THE I-'AllZVIEW ADDI'I'ION TO HUNTING'ION BEACII, AS SHOWN ON A MAP RECORDED IN 130OK 7, PAGE 48 OF N,I ISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND OTHER 101 MINERALS LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF SURFACE ENTRY AT ANYTIME UPON SAID LAND OR WITHIN THE TOP 500 FEET THEREOF, FOR THE PURPOSE OF EXPLORING FOR, DEVELOPING, PRODUCING, REMOVING OR MARKETING SAID SUBSTANCE. RESERVING ALSO ANY AND ALL EASEMENTS OF RECORD. Also dedicating and reserving for street and utility purposes the northerly 30' of Lots one through twelve of the Fairview Addition to Huntington Beach, as shown on a map recorded in Book 7, pg 48, Miscellaneous Maps, Records of the County of Orange, the State of California III IM RESOLUTION NO. 96-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXCHANGE OF CERTAIN REAL PROPERTY PURSUANT TO HUNTINGTON BEACH MUNICIPAL CODE SECTION 3.06.010(d) WHEREAS, it has been proposed that the City of Huntington Beach should exchange certain real property owned by the City, generally located within the city limits on the south side of Ellis Avenue between Edwards and Goldenwest Streets in the City of Huntington Beach, for other certain real property generally located within the city limits on the north side of Ellis Avenue between Edwards and Goldenwest Streets; and The City Council has carefully considered he possible alternative methods of disposition of the property, and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That after due and careful consideration of all possible alternative methods of disposition of the property, the City Council hereby declares, pursuant to the provisions of the H11171ingtori Beach Municipal Code Section 3.06.010(d), that it is in the best interest of the City to exchange certain city - owned surplus real property for other real property as more particularly described in Exhibit "A," and incorporated by this reference as though fully set forth herein. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held on the 17th day of. June , 1996. ATTEST: City Clerk RE-V�EWED AND APPROVED. - City Administrator`' 4\s: G:4-96 Resol\Surplus 6/14/96 Mayor APPROVED AS TO FORM: City At2E, y P--� Ghllgb ,gam 6AWXPPROVED: ctor of Ndn'trustrative Property to be Exchanged from City to Marow EXHIBIT "A" City Owned Parcel Nos. 159-393-04 159-393-20 159-393-42 159-393-05 159-393-24 159-393-43 159-393-06 159-393-26 159-393-49 159-393-08 159-393-27 159-393-51 159-393-09 159-393-32 159-393-52 159-393-11 159-393-35 159-393-53 159-393-12 159-393-37 159-393-54 159-393-39 Property to be Marow Owned Exchanged from Parcel Nos. Marow to City 110-152-06 110-161-05 110-161-12 110-163-19 110-161-16 110-165-04 110-161-20 110-183-02 110-161-22 110-183-10 110-162-01 110-184-03 110-163-02 110-185-02 110-186-06 G:4-96.Agee: Marow-2 c E-N TR A!* F P- T Fr HlsCpr .. I I I - - - -- 11�'•f E4-. �- 4 cv_cc.•:£ sra rr:: I j J u N -r lJ Cr rO IJ CE 7-P-1 L 4_� iZ Y �.►tn��eD — CI'ry OwNcs �`a r Lo-rs ►- 1 -9� M A (L D UJ 1 7 " • LCe " to " VAR1005 QwN�-rLS S R. 11 Ad J` �� tj -4 © I► lAVNVE •O :T ZJ' I�o' /z.S' .. ZJ• f lf�VlEli'1� � SOn�r),""3 4-;-5' �j 7� 8 fig, j 0 I i 12 .31 4 16 .7 & 9 /0 /l l /4 /6 /61 /7 /E 19 f-j� 2/ 22 23 24 I I 22 21 20 1S 18 17 16f15 ram' LOT A i ^9 23 - / J 24 25 c36C _72_8 I 2,9 =2 1 301 25, 227 I229, 36 36 3/ 32 CL0 J`44 451 45 47 42j 43 42141 LO zs I z s LOT B I 4,; 4j Gc 14 48 49 50151 52 55 54 I � A? 145210 I I :.O 54 5D f; 571 56 59 60 35 ALL P . FARCEL r,U/,/,EERS 8OOn I:-D 9 G_ 39 Res. No. 96-54 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNM BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 17th of June, 1996 by the following vote: AYES: Councilmembers: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Councilmembers: Nlone ABSENT: Councilmembers: None �� ex�� . City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resolutUresbkpg 0 HE' CITY OF HUNTINGTON BEACH LjINTER -DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Connie Brockway, City Clerk FROM: Paul D'Alessandro, Deputy City Attorney DATE: September 4, 1996 SUBJECT: Marow/City Exchange The above referenced deeds have been approved as to form and may be recorded after the Mayor and yourself have signed on behalf of the City. Apparently an escrow has been established for this transaction; if so, the deeds should be delivered to the escrow officer. Attachment: I Pv n c.� — 0"N I A G:4-96 Memos: Marow904 CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 6, 1996 CALIFORNIA 92648 f. 3a H To: Katherine Soto, Escrow Officer m� Re: Escrow 9662719M I have enclosed a copy of the City's Grant Deed to Marow/Toledo together with a self-addressed, stamped envelope. Please have a conformed copy of this deed return to the City Clerk at. Office of the City Clerk 2000 Main Street Huntington Beach, CA 92648 Thank you, Connie Brockway City Clerk enc. oe � 60 w_ io4e�o C� v 11111111E ( Telephone: 714.536-5227 ) (9) • 6/17/96 - Counc,,�' ency Akgenda - Page,9 E-14. (City Council/Redevelopment Agency) City Council Legislative Committee Recommendations On Pending Legislation (640.15) - Support AB 2379 (Margett) requires State to each year fully fund all mandates on local agencies by the Legislature or executive branch. Oppose AB 2640 - (Pringle) - Repeals the "tax on tax" portion of sales tax on gasoline and diesel. Support AB 2797 - (Aguiar) - Limits the Education Revenue Augmentation Fund (ERAF) amount that the State can transfer from local agency property taxes into this account. Support AB 1934 - (Sweeney.) - Provides for the State to return local governments' property taxes. Support AB 3125 - (Hawkins) - allows cities .to include in their "fair housing" needs, assisted housing, rehabilitated housing and city acquired housing for the purposes of conversion from nonaffordable to affordable. Support AB 3229 - (Brulte):- Provides. for a check off box on State tax return forms allowing citizens to identify up to 1% of their tax liability to go to local law enforcement. Support SCA36 - (O'Connell) - Allows a local agency to impose a special sales tax for the exclusive use for transportation, public safety and education projects by a majority vote of the electorate. Support SB 1393 - (Thompson) - Increases the percentage of money returned to cities by the State as the result of traffic fine collections. Support SB 2105 - (Hayden) - Clarifies. the authority of cities to regulate towing services which operate within city jurisdiction. Prepared by the Administration Department. [Approved 6-1 (Garofalo -- NO) With Exception of Removal of State of California 36 from consideration] E-115 j iCit Council Pro osed Settlement & Exchange Agreement - Between City & Marow/Toledo - Acquisition Of Encyclopedia Lots For Central Park - (600.10) t Communication from the City.. Attorney. informing Council that as partof the �- settlement of the City v. Marow eminent domain case, the City has agreed to trade some parcels with Mr. Marow, and sell some parcels to Mr. Ryan. A resolution in required to appr9_ye,thessafeRand4exchange.�...,,. Recommended Action: 1. Adopt Resolution No. 96-54 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE --`'� SALE AND EXCHANGE OF CERTAIN REAL PROPERTY PURSUANT TO HUNTINGTON BEACH MUNICIPAL CODE SECTION 3.06.010." (Approving the sale and exchange of property.) [Adopted 7-0] ' (9) • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 Date Connie Brockway City Clerk City of Huntington Beach Subject: REAL ESTATE SERVICES ,ylA Lis //,j (address ress - Cross Streets) _ Dear Mrs. Brockway: aF �11P Transmitted herewith j,&a-deedsfor -��i1 G! urpose 1. Lot V 4r4"5 Block 2. A.P. # M 3. Owner C f r 4. Tax Rate Area Code Number Tract over portions of: 9 c3G�J 7� G� �71 '? It is recommended that you accept the deed and transmit to the C r for Recording. l �/fi% rl�%E �D%D — fSc rn(��I✓� PO-J�? /3 fP-7- V\Jr�fFA) AP55A&1�;-Z-72- Uf O&TV Paul Larkin`'��3 Real Property Division CB:rrij enclosure DRUG USE is 7C j r 1, Council/Agency Meeting Held: �v Deferred/Continued to: 49 p"O a),z ❑ Approved Lli Conditionally Approved ❑ Denied City Clerk's Signat Council Meeting Date: June 10, 1996 Department ID Number: AS 96-023 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Adminis PREPARED BY: ROBERT J. FRANZ, Deputy City Admin SUBJECT: PROPOSED SETTLEMENT AND EXCF 20 ENCYCLOPEDIA LOTS es 0 q 6' ' Ij o Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On May 20, 1996 the City Council approved the attached Settlement and Exchange Agreement. On June 3, 1996 the City Council voted to reconsider the action and instructed staff to schedule the Settlement and Exchange Agreement for City Council action on June 10, 1996. The Settlement and Exchange Agreement would result in the City acquiring 17 encyclopedia lots north of Ellis Avenue in exchange (trade) for 19 owned encyclopedia lots south of Ellis. The lots being acquired are for Central Park and the City lots being traded are not in a designated park area. The City would also acquire three additional encyclopedia lots (total = 20 lots being acquired) north of Ellis needed for the widening of Ellis. Funding Source: The Holly Seacliff Developer is required to fund these acquisition costs. Recommended Action: 1. Ado e attached Resolution %� - S6 appro the exchan�c e f property. s= 1/,,,� 2. Approve the ached Settlem and Exchange Ag ment and aut orize the Mayor and City to execute necessary documents and deeds. for recordation to perfect this erty exchan Alternative Action(s): 1. Do not acquire the three lots for street widening and do not participate in this exchange. 2. Acquire the three lots for street widening but do not participate in the exchange of encyclopedia lots. This would require proceeding with the eminent domain process for the three lots for street widening. l WOUEST FOR COUNCIL ACTiRN MEETING DATE: June 10, 1996 DEPARTMENT ID NUMBER: AS 96-023 Analysis: Under the development agreement for the development of the Holly-Seacliff area, the City is required to acquire the right-of-way for various street widening and improvement projects. All right-of-way costs are paid by the developer subject to potential partial reimbursement in the future from other developer's benefiting from the improvements. Three encyclopedia lots owned by Mr. Milton H. Marow were needed for the Ellis Avenue widening related to this development agreement, and no negotiated agreement could be reached. The City Council approved filing an eminent domain action to acquire the three lots, and this action was filed on May 9, 1994. After the eminent domain action was filed, Mr. Marow initiated a request to discuss exchanging other encyclopedia lots owned by the City and Mr. Marow. These discussions led to a position by Mr. Marow that agreement on the exchange would be required before he would agree to a price for the City acquisition of three lots bordering Ellis Avenue. Ultimately agreement was reached. Delays due to Mr. Marow's serious illness and the Orange County Bankruptcy prevented an earlier presentation to the City Council for approval. This proposed exchange will facilitate the City's acquisition of lots for Central Park and also consolidate Mr. Marow's ownership in one tract south of Ellis Avenue. Of the 300 encyclopedia lots within the designated Central Park area the City already owns 225 lots. The City will, at the completion of this proposed exchange and acquisition, own 245 of the total encyclopedia lots, bringing the City that much closer to its desired total acquisitions. Environmental Status: Not applicable. Attachment(s): 1. Resolution approving exchange of property. 2. Exhibit A" Settlement Agreement, Release and Agreement for the exchange of property. 3. Map of general area. 4. Map of Central Park encyclopedia lots (north of Ellis). 5. Map of Fairview Addition Tract (south of Ellis). 6. Staff Response to June 3, 1996 letter from Cully and Ryan 7. Staff memorandum dated May 29, 1996 0019231.DOC L ) -2- 06/07/96 12:30 PM 06-10-1:0, 03:45PM fiAJ1.1 AT NEY S OFFICE • Pfjl R c l CD ?I_in 11 .95 14:15 No.001 P.01 MAYOR AoVo Sul hun City Of HUXILt i LIL1 toll Baste' MAYOR PRO TEMPORF. r. C. Dox 110 • 100D MAIN ST-A tiT 1 rAWFQRNIA Vid4b Relpil 8iaIr COUNCILMEMBERS Shirley Nffinff 0avld P. GArof010 Peter Gaon Tom Harman Vlafar LolPXlg To: May=/Ci>ry CO=Cil I y_ : L)ave Garofalo Re., ENCYCTrOAROTA LOT DEBATE: RYA:v ET . RL , STAFF Fi.rgh, t_111a was Uri9i:lally a VerY simple rtttttar- the t=Payero of Huntingrotl Boaolh own 907A land, wart to acquire some morn for Vuhlic use, what's in the :Cast interest Of all the gcoPlo, Not so simple, when one chAliengas the decision of our staff. 11LQt13 cnYow every thing we i1avo at. thin bn%aJ 1:o cover our behinds," "Let's uee all the rcaour000 at our dispoeal to juptify the decision that wet (staff) made independent of the City Council," Th%t io all I havc coon or heard since 1 )=%45ht this simple matter forward. While I uufleraLand that some of-yvu feel that every thing staff doco io right, 1 must entar 20r the record sutra baiaic ics.14g! 1. Sonia timear you juet have to do the right thing! 2, Some things fall in the oategory o. The Cost Ct Adirg 8usirlel~a . 3. Same ijMsv x hrei )ocAl, first, then the big picture ldtdx, FTRRT: zf there is tre w&y to proudly Control artd manage growth it io the Fountain Valloy t",0da1, minimum 10,000 square fact lotm. we elected to use a minimum 6,000 a(rJdre toot: lot And aro rovlarly asked to break char. rule even fureher. In the above Cava, we finally get ail QxQuutive a1'eA J-11 sitar.. cotttmanity where many arc f ina7 Ly allowed to truly enjoy a quality of lif® that they have ill 11U111VL'UUt� cNHµ, 41)811t a lifft tine to create. in the abov3 0a0e, some of them want to take advantage of Q%iatin,3 land uue p1,4i111'Ing rtn6 acgiiira adjacent "open space" pxope"y to add to theirs - they are aircady hero, they always pay Lh.P.Ir• taxes, therm are no outatanding war antra for them, they are exactly the type at cit:isenI taxpayer, votgr, comnanity activirr. we want to help us through the turn of the century. 1 OF 3 , TELrrNeNE (71AI A.R.K,e. , PAX (114) S36-5?33 t. 10-96 03: 45PM FRO14 AT ZY'S OFFICE P GwL Jun 11,95 14:17 No.001 P.03 My choice: The lrwcal I-ome owner gets to offor fair markot value in an open bid, the out -of -aroma pergon gnta t.o continue in the Eminent Domain action, the City qeto to continue it's legal, practic*l and deliberate program of publ i,v wervice. C. 2 2 PM P 0 ^' w 060-10-90 FRG AT Ey"S OFFICE p jl But, NO, we opt for helping what Staff has described as a difficult out -of -area (out of county) developer who has made a living out of purchasing encyclopedia lots, holding them hostage and in the words of our staff, Hhas been very difficult to work with," So.we abandon the nice guy/homeowner for the developer! NEXT: Let's say that some of the facts in the voluminous staff diatribe on why they made the decision they made is valid, It gets us out of a law suit. Heck, I have been part of the council for 30 months and Monday night after Monday night we are offering "Bribe" money to people suing us because of Deep Pockets and we give in all the time. Perhaps, we should take a stand once in a while where the risk is low and winning would just simply make a difference in a couple of peoples lives who are good people. This is not the issue to fall on your sword over Mike and Staff! We have squandered millions of dollars on seemingly worthless reports, law suits and outside consultant fees including $ioo/hour people standing at duplicating machines, $200/hour newspaper readers, etc. At most, the dowia side risk of making the best decision for the people who live in Huntington Beach is minuscule compared to the larder issue of aiding and abetting hostile parties to lawsuits, The Cost Of Doing Business, for this councilperson, is doing the right thing and allowing this home owner the right to acquire this open space parcel., so they he can keep it open space and have him, his family and neighbors all enjoy. it FINALLY: Focal first, big picture later. Suet's assume. that Staff did a good job of processing a transaction that solves problems and is sensitive to cost. Great Job - Guys t But, you left one Ching out of the formulae - the political process, the public process, THE FNTIRE CITY COUNCIL! dcLion. The transaction that was presented by staff and later defended almost to the level of nausea lacked the crucial ingredient of OPENNESS, PUBLIC ACCESS, MIRNESS, EQUITY and COUNCIL SCRUTINY. The latest revelation that the "legal" affairs committee reviewed this should concern me, but it does not. Had they been given all the facts they, I hope, would have reached the same conclusion. that I did - itIs not right STAFF IS DECISION was Created and implemented in a vacuum, honorably developed but unrealistically driven! RESOLUTION NO. %6 5 C7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH VING THE EXCHANGE OF CERTAIN REAL PROPERTY PURSUANT TO HUNTINGTON BEACH MUNICIPAL CODE SECTION 3.06.010(d) WHEREAS, it has b n proposed that the City of Huntington Beach should exchange certain real property owned by the City, gen ally located within the city limits on the south side of Ellis Avenue between Edwards and Goldenwest Streets i he City of Huntington Beach, for other certain real property generally located within the city limits on the north side f Ellis Avenue between Edwards and Goldenwest Streets; and The City Council has carefully coNdered the possible alternative methods of disposition of the property; and Pursuant to Huntington Beach Municipal X,0,de Section 3.06.010(d), the City Council desires to declare that the proposed exchange of real property, as more p1laIrlicularly described in the document entitled "Settlement Agreement, Release and Agreement for the Exchange o roperty," attached hereto as Exhibit "A," is in the best interest of the City, NOW, THEREFORE, the City Council of the City of Nntington Beach does hereby resolve as follows: 1. That after due and careful consideration of all possi a alternative methods of disposition of the property, the City Council hereby declares, pursuant to the provisions bQhe Huntington Beach Municipal Code Section 3.06.010(d), that it is in the best interest of the City to exchange rtam city -owned surplus real property ntit d "Sett for other real property as more particularly described in the document element Agreement, Release and Agreement for the Exchange of Property," attached hereto as Exhibit "A, ' and incorporated by this reference as though fully set forth herein. PASSED AND ADOPTED by the City Council of the City of Huntington each at a regular meeting held on the day of , 1996. \ ATTEST: City Clerk Mayor APPROVED AS TO FORM: F- City Attorney REVIEWED AND APPR D: .,. ity ..inist tor Cs: G:4-96 Resol\Surplus 6/6/96 ED: 6 • Exhibit "A" SETTLEMENT AGREEMENT, RELEASE AND .s AGREEMENT FOR THE EXCHANGE OF PROPERTY This Settlement Agreement, Release, and Agreement for the Exchange of Real Property ("Agreement") is entered into this day of , 1996, by and between the City of Huntington Beach, a California municipal corporation, ("City") and Noton H. Marow and Mignon Marow Myers Toledo (collectively "Marow"). This Agreement is made in consideration of the following: RECITALS A. City filed an action in eminent domain, entitled City of Huntington Beach v Esther Marow, etc., et al. Orange County Superior Court Case No. 729415, ("the Eminent Domain Action"). In the Eminent Domain Action, the City sought to acquire certain real property owned by Marow, consisting of Assessor Parcels Nos. 110-153-16 and 110-186-17 in the County of Orange, California ("Condemned Property"). B. The parties have negotiated an Agreement for the resolution of the Eminent Domain Action, which fixes an agreed amount of just compensation for the Condemned Property, and involves the exchange of various other properties owned by both the City and Marow. C. The parties wish to provide for the termination of the Eminent Domain Action, and the exchange of properties between them, in full and final settlement of any and all claims raised by the filing and conduct of the Eminent Domain Action. NOW, THEREFORE, IN CONSIDERATION OF ALL OF THE FOREGOING, THE PARTIES DO HEREBY AGREE AS FOLLOWS: 1. Termination of Eminent Domain Action. City and Marow agree that the amount of just compensation for the taking of all property interests in the Eminent Domain Action shall be $45,000, plus statutory interest and costs. The parties will execute, and file, a Stipulation for Judgment in the Eminent Domain Action in substantially the form attached hereto as Exhibit "A." The parties will likewise seek entry of a stipulated judgment in the eminent domain, and final order of condemnation, in substantially the forms attached hereto as Exhibit `B" and "C." All parties will bear their own attorney fees, appraisers' costs and litigation expenses incurred in the Eminent Domain Action. 2. Exchange of Property. Prior to the time of the filing of any final Order of Condemnation in the Eminent Domain Action, City and Marow will exchange ownership of various properties owned by each, by way of an escrow, as more fiilly set forth below. The parties shall execute such escrow instr6dions as may be necessary to effectuate the transfer. a. City Transfer Property. City shall transfer to Marow certain lots located south of Ellis Avenue in the Fairview tract of Huntington Beach, California 4/k/PDA96Agree/marow/ 4/17196 - #2 1 bearing the Orange County Assessor parcel numbers listed below ("City Exchange Property") Parcel Nos. 159-393-04 159-393-05 159-393-06 159-393-08 159-393-09 159-393-11 159-393-12 159-393-20 159-393-24 159-393-26 159-393-27 159-393-32 159-393-35 159-393-37 159-393-39 159-393-42 159-393-43 159-393-49 159-393-51 159-393-52 159-393-53 159-393-54 t b Marow Exchange Property. Marow shall transfer to the City certain parcels of property located north of Ellis Avenue in Tracts 8, 32, 44 (Block A and B), and 45, further identified by the Orange County Assessor parcel numbers listed below ("Marow Exchange Property"): Parcel Nos. 110-152-06 110-163-19 110-161-05 110-165-04 110-161-12 110-183-02 110-161-16 110-183-10 110-161-20 110-184-03 110-161-22 110-185-02 110-162-01 110-186-06 110-163-02 C. Mineral Rights. The transfer of the City Exchange Property and the Marow Exchange Property shall be exclusive of any and all mineral rights for oil, gas, or other minerals lying below 500 feet beneath the surface of each of the involved properties. d. . Title Insurance. City shall secure preliminary title reports for all of the City Exchange Property and the Marow Exchange Property. Prior to the date for the completion of the transfer of the City Exchange Property, City shall clear all outstanding tax liens, deeds of trust, and all other encumbrances of record on the City Exchange Property, except such encumbrances as may be specifically approved by Marow in writing. Prior to the date of the completion of the transfer of the Marow Exchange Property, Marow will clear all outstanding tax liens, deeds of trust, and all other encumbrances of record on the Marow Exchange Property, except such encumbrances as may be specifically approved by City in writing. Prior to the close of escrow on the exchange, City shall provide to Marow an ALTA title insurance policy covering the City Exchange Property, in the amount of coverage of $15,000 per exchanged lot. 2 4&TDA96Agredmarow/ 4/17/96 - #2 e. Costs of Escrow. City shall bear all costs of escrow, including escrow fees, documentary transfer taxes, recordation costs, and deeds. f. Documentation of Exchange. The transfer of the City Exchange Property to Marow, and the Marow Exchange Property to City, shall be documented by a single grant deed by each party, covering all of the respective City Exchange Property and Marow Exchange Property. g. Additional Documentation. Upon request by Marow, City will provide a letter to Marow, addressed to the assessing agencies listed herein, indicating that the transfer of the City Exchange Property to Marow and the Marow Exchange Property to City occurred under threat of eminent domain, as Marow may require for processing of any requests for exemption from special fees or assessments that may attach to any of the exchanged property. Such letters shall be addressed to the agencies responsible for the following charges and assessments: MWD Water Service Fees Rodent Control Fees Weed and Trash Clearance Fees Any and all other assessments which may be levied against the exchanged property h. Physical Condition of Property. Both City and Marow have inspected the respective properties they will receive in exchange under the escrow contemplated herein, and have approved the physical condition of the property for transfer. Neither party makes any representation, warranty, or other representation as to the physical condition of the property it transfers hereunder, including but not limited to the existence or presence of hazardous or toxic materials or substances, hazardous or toxic wastes, or any other type of waste, pollution, or contaminant on or below the surface of the properties. All parties reserve any and all rights they may have under any applicable law to pursue any remedy, legal or equitable, against any prior owner, including any costs for investigation, cleanup, or remediation, of any hazardous or toxic material or substance, hazardous or toxic waste, or any other type of waste, pollution, or contamination on or below the surface of the property each party receives pursuant to the exchange provided for hereunder, including but not limited to CERCLA (41 U.S. C. §9601, et seq), the California Hazardous Substances Account Act (California Health & Safety Code §25300, et seq.), the Hazardous Waste Control Law (California Health & Safety Code §25100, et seq.), the Porter Cologne Act (California Water Code §13000, et seq.), California Health & Safety Code §25280, et seq., and 33459 et seq., and the provisions of Proposition 65. 3. Inte agar tion. This Agreement arises out of an "Offer for Settlement" forwarded to the City by Marow on or about November 30, 1995, a copy of which is attached hereto as Exhibit "D." This Agreement contains the entire agreement of the parties, and supersedes any and 3 4/k/PDA96Agee/marow/ 4/17/96 - #2 all prior oral and written representations:or negotiations between them. This Agreement may only be amended by a writing signed by both parties. 4. Attorneys' Fees. In the event of any dispute arising out of this Agreement or any breach hereof, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to an award of reasonable attorneys' fees incurred, whether or not the action proceeds to final judgment. As used in this paragraph, attorneys' fees shall include expert witness fees, filing fees, and discovery costs, including the costs of deposition transcripts. MAROW: ton H. Marow Mignon Marow MWrs Toledo REVIEWED AND APPROVED: City Ad 'strator . cl-C s6 City Attorney P-� rl9lf � CITY OF HUNTINGTON BEACH, A municipal corporation of the State of California REVIEWED AND APPROVED: Wffia".101 David Cosgrove, 79 If � � - Special Counsel to City for Milton H. Marow and Mignon Marow Myers Exhibit List Mayor ATTEST: City Clerk APPROVED AS TO FORM: INITIATED AND APPROVED: Deputy City Administrator/Director of Administrative Services Exhibit "A" Form of Stipulation for Judgment Exhibit "B" Form of Stipulated Judgment in Eminent Domain Exhibit "C" Form of Final Order of Condemnation Exhibit "D" Offer for settlement from Marow to City 4 rl 4/k/PDA96Agee/marow/ 4117/96 - #2 EIL 1 0 0 o LO-111 L ZE o", 121 Q—/ vi 14 Cu JA Zt 'A LU cc 17 flip oicul? r LITE,-, 10'47T 4Jet R.—Ill all - ia-1 ro y•t— NO Z5 Vi'r 41 sr cc r i .3a A -i ---------- yf for C Q7,' C4) (Ds (@ 1. 5 A.. 1.0 AO. A, :'EC. 341 T55, R. H W. 159 — 39 �. PAGE I OF 2 3 110 - 16 ,4VfAVE � 1 F /R if W N 3 7 10. TRACT � i CITY OWNED 13 is ,r..._ i� 17 ie 19 ��� zi a?z 24 = I I I N ♦ CI922 21 18 17 lE i5 14 13 1 I I � - I ' FAIRV$W L07 A CA'PR/.AGE •'_�' I 1.-a• -u •, �L_• •• ,. _ ..� ��- co C/PCL E 23 25 <228 2S 30 31 3� / _ /DO SEE P.�GE 2 8 :,� 40=w « 551 467. 48 za �r 1 sa zj' i LOT 6 I 4445 4.64.7cg4.9 SGS�i 354 N0. 13210 I I Yi 55, 5 I'• 57 B _ .;6 MOTE l-SSESSOP. S 5,10CK & v�S 'I S I S' _ f✓; 1 .. , i . 'rid �JJ�ii; C`'� PARCEL NUMSERS 500K 159 ,SAGE 39 KNOWN IN CIRCLES COUNTY OF 1] • City g of Huntington Beach LDINTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: HONORABLE MAYOR AND CITY COUNCIL ME E FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: STAFF RESPONSE TO JUNE 3, 1996 LETTE3-FROM CULLY & RYAN AND TO PUBLIC COMMENTS OF JUNE 3, 1996 REGARDING ENCYCLOPEDIA LOTS DATE: June 6, 1996 Attached is the subject letter. Staff response to the three points of the letter are as follows: 1. No Due Process -- City staff met with Mr. Ryan and sent him two letters advising him of what was happening regarding the property he desired. The November 21, 1995 letter to Mr. Ryan states: "Both lots are owned by the City of Huntington Beach and are, at this time, part of several lots being considered in a real estate negotiation. Until such time as the negotiation comes to a successful conclusion or is canceled, the City is not in a position to consider other offers on the property. Upon conclusion of the negotiation, we will be happy to notify you as to the status of the property. " The April 5, 1996 letter to Mr. Doyle (representing Mr. Ryan) states: 'As we discussed in November, 1995, the City's negotiation with a buyer of the properties has changed little with the exception of possibly being closer to a finalization of the negotiations. " Lastly, Mr. Ryan's letters, input, and comments will be considered by the City Council on June 10, 1996. 2. Real Estate Deal -- Mr. Ryan's letter characterizes the City's lots as "valuable" and Mr. Marow's as "worthless". No facts (appraisals, comparable private sales, etc.) are presented by Mr. Ryan to support his statements. City staff has years of experience in acquiring over 200 encyclopedia lots for park 0 0 ENCYCLOPEDIA LOT TRANSFER purposes and street/sewer right-of-way purposes. We have appraisals of lot value and records of eminent domain proceedings from past acquisitions to guide our negotiations. The attached summary dated May 29, 1996 provides financial data regarding the value of encyclopedia lots. The Settlement and Exchange Agreement is an equitable trade based on documented valuation data. Nothing was promised Mr. Marow except what is in the Settlement and Exchange Agreement. 3. Reconsider Entire Real Estate Exchange -- This reconsideration is scheduled for June 10, 1996. Public Comments from June 3, 1996 -- In addition to the above information which responds to some of the public comments on this proposed Settlement and Exchange Agreement, the following information is submitted: ■ Number of City Lots Exchanged -- The City was questioned as to why eight of our lots were counted as "half -lots" (=4 lots of the total 19 City lots proposed to be exchanged). The eight City lots counted as "half -lots" for this proposed exchange are eight lots that border Ellis Avenue (south side) and were acquired for the (completed) widening of the south side of Ellis Avenue. Since approximately half of each lot has already been used by the City for the street, the lots were valued as "half -lots" for the proposed exchange. Simplistically, they are valued as "half -lots" because the City has already used half of each lot to widen the street. ■ Why trade 19 City Lots for 17 Lots in Exchange -- If the City were to acquire the 17 lots owned by Mr. Marow in the future through negotiation or eminent domain, our costs would be more than the simple multiplication of lot value times the number of lots. When cities use eminent domain, courts and public law require cities to pay the equitable value for the property (as liberally interpreted by the court) plus court costs, title fees, appraisal costs, and legal fees. The proposed Settlement and Exchange Agreement results in the City avoiding all of these potential costs except the value of the property. Therefore, 19 City lots in exchange for 17 Central Park lots is considered equitable. RJF:skd 0019240.01 -2- 06/07/96 10:17 AM • • City of Huntington Beach 4 INTER -DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: REQUEST FOR RECONSIDERATION -- ENCYCLOPEDIA OT TRAN F DATE: May 29, 1996 The attached RCA was approved at the May 20, 1996 regular City Council Meeting. A request for reconsideration has been placed on the June 3, 1996 agenda based on new information. The new information that was not discussed at the May 20, 1996 City Council Meeting is that there was another party interested in one or more of the encyclopedia lots that were transferred as a part of the approved trade of encyclopedia lots. Attached are two letters that were sent to the local resident who had expressed interest in the encyclopedia lots adjacent to his property. You will note that the resident was advised that we were not in position to consider offers on the lots because we had already entered into discussions with another party regarding the encyclopedia lots. As it turned out, we were successful with the other party (Marow) in negotiating the trade of encyclopedia lots. The trade of encyclopedia lots that was negotiated by staff and approved by the May 20, 1996 City Council Action resulted in the City trading 19 City owned encyclopedia lots from the south side of Ellis Avenue (Fairview Tract) to Mr. Marow in exchange for 17 encyclopedia lots north of Ellis, in the designated Central Park area, that were owned by Mr. Marow. Three additional lots were acquired from Mr. Marow (total = 20 lots) for the widening of Ellis. We had commenced eminent domain proceedings with Mr. Marow to acquire the three lots needed for Ellis Avenue widening, and the Court had encouraged the City and Mr. Marow to resolve issues regarding value. Mr. Marow rejected the City's offer to acquire the three lots for the Ellis widening unless the City and Marow could agree on the trade of the other lots. The City's outside legal counsel (Rutan and Tucker) recommended that the City negotiate an equitable trade. Had agreement on the trade not been reached, the next step would have been eminent domain court proceedings, associated legal fees and, ultimately, a determination of value by the court on the 3 lots needed for the widening of Ellis. In prior eminent domain proceedings for the City acquisition of encyclopedia lots for the Ellis Avenue street widening south of Ellis, the City was required to pay as much as $36,000 for individual encyclopedia lots. (The circumstances of the prior eminent domain proceedings were different and not comparable to the acquisition of lots north of Ellis.) 0019078.01 05/29/96 2:44 PM • • REQUEST FOR RECONSIDERATION -- ENCYCLOPEDIA LOT TRANSFER 4 I The City could have opted to insist on limiting the eminent domain discussion to the three encyclopedia lots needed for the street widening north of Ellis, but in view of; 1) our lack of Park Acquisition and Development Funds to acquire encyclopedia lots and, 2) the risk of losing on the valuation questions, and 3) the court encouragement, and 4) Mr. Marow's insistence, the trade of lots was negotiated as a "win win" solution. Prior to the trade with Mr. Marow, the City had acquired 225 encyclopedia lots out of the 300 total lots needed for completion of land acquisition in the Central Park area north of Ellis. The price the City has paid for the 225 lots has generally been around $10,000 per lot. In one instance where the City was forced to use eminent domain to acquire encyclopedia lots, the court determined price was $11,500 per lot. If eminent domain were required to acquire the 17 lots, the cost might be $170,000 - $195,000 plus legal fees. Private sale (no City involvement) of comparable encyclopedia lots in the quarter section south of Ellis have ranged from $5,000 to $18,000. Regarding the City owned lots south of Ellis, the City acquisition of most of the lots took place many years ago when the area was envisioned as possibly being a part of the future Central Park or a local park. The acquisitions took place primarily by way of tax sales whereby the City acquired the lots at a very low cost. Their value, again, can be argued to be anywhere from nominal to up to $18,000. In conclusion, the trade.of lots results in the City acquisition of 17 encyclopedia lots in the interior section of Central Park north of Ellis plus three encyclopedia lots immediately adjacent to Ellis needed for street widening. The 17 lots were acquired with no cash outlay by the City. Mr. Marow received 19 City lots south of Ellis that are subject to the development restrictions as described in the attached memorandum. This trade of lots is beneficial to the City due to the acquisition of 20 encyclopedia lots without the need for using limited and/or non existent Park Acquisition and Development Funds. It brings us much closer to our goal of acquiring all 300 lots. RJF:skd cc: Melanie Fallon Ron Hagan Dan Brennan 0019078.01 05/29/96 2:59 PM CITY OF HUNTINGT& BEACH 2000 MAIN STREET CALIFORNIA 92648 ADMINISTRATIVE SERVICES April 5, 1996 kfichael Doyle Doyle Realty 19641 Quiet Bay Lane Huntington Beach, Cal. 92648 Subject: 4 Encyclopedia lots in the Fair\iew Addition akaAAP n159-393-51,52, 53, 54 Dear Mr. Doyle: Thank you for your letter of April 2, 1996 stating your interest in the above referenced Encyclopedia lots, contiguous to your clients' property. As we discussed in November, 1995, the City's' negotiation with a buyer of the properties has changed little with the exception of possibly being closer to a finalization of the negotiations. if you would like to keep in contact with us; upon completion of the transaction we may be able to give you the name of the new owner. Respectfully, DAN M. BRENNAN Director Real estate Services N isc.doc 4i5i96 ] l : 38 AM ' - • CITY OF HUNTINGTGN BEACH 2000 MAIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES November 21, 1995 Timothy I Ryan, Esq. Cully & Ryan 8072 Warner Avenue Huntina-ion Beach. Cal. 92647 Reference: 2-4 Encyclopedia Lots in the Fairview Addition Tract Dear Timothy Ryan: Thank you for your letter dated 11/] 6/95 addressed to Mr. Ray Silver, .Assistant City Administrator, as ,,yell as a copy of the letter dated 11/01/94 to Mr. Dan Brennan, Director of Real Estate Services regarding your interest in the above referenced lots. Both lots are owned by the City of Huntington Beach and are, at this time, part of several lots being considered in a real estate negotiation. Until such time as the negotiation comes to a successful conclusion or is canceled, the City is not in a position to consider other offers on the propery. Upon conclusion of the negotiation, we will be happy to notify you as to the status of the propem Thank you for your patience and if you have any further questions, please call me at 714- 5�6-5445. Respectfuliv, PAUL S. LARKI Real Estate Agent cc: Ray Silver; Assistant City .Administrator fnutrct.duc ANi" � 4, CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION - ef HUNTINGTON BEACH TO: Melanie S. Fallon, Community Development Director FROM: Howard Zelefsky, Planning Director SUBJECT: Zoning Regulations for Lots Involv in Land Transaction pproved by the City Council on May 20, 1996 DATE: May 29, 1996 The City approved a transaction for 19 lots as shown on the attached assessor's parcel map (Attachment A). These lots are located within the Ellis-Goldenwest Specific Plan (EGSP) area, and their development is governed by that document. The EGSP shows that 13 of the lots are located in a designated open space corridor (Attachment B). The open space corridors are generally those areas below the 50 foot contour. This designation allows for recreational trails and public works facilities and utilities; it precludes construction of structures for other uses below the 50 foot contour. Development on the remaining six lots can occur pursuant to the regulations in the EGSP. In brief, the Specific Plan allows single family residential development with a minimum lot size of 8,000 square feet. However, a minimum project area of 10 acres is required for any development proposal. In the same transaction, the City acquired 17 lots north of Ellis Avenue in the area of Huntington Central Park (Attachment Q. These lots are zoned for Open Space -Parks and Recreation uses as identified in the Huntington Beach Zoning and Subdivision Ordinance. :. 34, T.•5S, R.11W. Tu'c uio YrkC ORFPAREO FOR G ,AGE l,vJN rY ASSESSOR OEPT PURPOSES ONLY 159 _ 3 ( THE ASSESSOR FAKES NO GUARANTEE AS TO 1101 16,r.UQACY NOR ASSU►IES ANY LIABILITY PAGE 1 OF 2 FC` •)THEP USES NOT TO 6E FIEPFIODUCED W ALL . jf'wT,� RESERVED CCO✓YH;GHT ORANGE COUNTY ASSESSOR 1995 H 0 IS A VENUE �"AIRV1EW A0D. - - -Y TRACT 1 „ ,.. OTS — S 14.+ DE-D 7 ` ,c W Ty ,_ , A 151- 17 ,el ,s 21 2 2 z e M A �R-d �c! Lo.7's - S72rpC D 22 v I 18 ;o 14 = 17 !13 • ±� OT ISo, 25.125• .s.• 21• = v- _ 3 t LOr A 21 CARRIAGE * f _ t CIRCLE '-� I" _ u� . 3 rr, A L..3 SSE PAGc 2 '-► a 3 3 = 25• 1 25 Sm 41 -0 38 30 = 7 O2SE' • .f' .. 23• L O i e cc I O J31 L46 =7 50 (J NO. 13210 48,, i �- 23 23. 2" S� S 93 '�� S� SE 35 • ' 0?*0 Se cvc e-4 PR srP. ,S NOTE — ASSESSOR'S BLOCK 6 -4SSESSC-?'S AfAP r•---- PARCEL NUMBERS BOOK 159 PAGE 39 ELLIS AVENUE L �1111111/IItt1/tltlll II11///11 IIIIIIIIIIIIIIIIfIIIf- u Tc' n I W W kr OrT a •>> 1 1 W _ I 1111111111tt/1t11/Itl� i I - ` Itllltlltll Iltlltt/u/ lull It/t1 It11111111 tllttl/tl/tl/t11/l III /u/lIt/ItUu1 t- GARFIELD AVENUE Neighborhood Park `; Open Space `l / h i v e s Equestrian Trail Open Space Corridors and Trail System Exhibit 8 w Ellis-Goldenwest Specific Plan 19 (0825Q) Revised June 19, 1995 �St•01 isi-02 l4� •,� • ,IV� V,'d`' c MoNd \� •rt 1 '�jj T rl. I• Ili • ^.`_k• ,� �' _ rz - •: asN sraf:r . • � r n 4 ♦ Y � � A �7�1I1�/r� 11 ILM : :i�ffWr/fOi�ffiAl,.S R �! -e 8 11111, gall csr ' HUNTIIyGTo>J CENTrutl_ .(ARi< i SHADEp — Cl-r OwNEs i STP4 0-D — • M A a-0 U) 17 " • LEE 1.! 0 " YA(t1005 Owwc-:PS Tv Th L ?0.4. 5 //2, NE. //4, SEC. 34, T 5 5., R l/ W. ' ! ! 0 ' I i 17 iy 131=v;I qm i!!J:�"3'�DL • f 7a rr,sle�'� Council/Agency Meeting Held: Deferred/Continued to: H"Approved ❑ Conditionally Approved ❑ Denied City Clerk's Sig ature Council Meeting Date: June 3, 1996 Department ID Number: 96-16 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND FELLOW CITY COUNCIL MEMBERS SUBMITTED BY: DAVID GAROFALO, CITY COUNCIL MEMBER &,� "W, PREPARED BY: PATRICIA A. DAPKUS, Management Assistant 6b SUBJECT: Recent Approval of Acquisition of 20 Encyclopedia Lots Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: Request for reconsideration of action taken on the above at the May 20, 1996 City Council meeting regarding acquisition through exchange and purchase of 20 encyclopedia lots. Fundinq Source: Budgeted Park Funds for necessary costs to consummate the transaction. Recommended Action: 1. Approve reconsideration of action taken at the May 20th City Council meeting which was: "Approval of the attached Settlement and Exchange Agreement and authorization for the Mayor and City Clerk to execute the necessary documents and deeds for recordation to perfect this property exchange" (See attachment). 2. Approve June 17, 1996 as the date for the reconsideration. Alternative Action(s): Allow the decision of May 20th to approve the transaction to stand. Jul] i Al1i:1 JM133N q/ RQUEST FOR COUNCIL ACTIA MEETING DATE: June 3, 1996 DEPARTMENT ID NUMBER: 96-16 Analysis: At the May 20, 1996 City Council meeting the Council approved a Settlement and Exchange Agreement between the City and Milton H. Marow in which the City would acquire 17 lots owned by Mr. Marow in the area of Central Park. These lots would be given to the City in exchange for a comparable number of lots owned by the City in the Fairview Addition Tract located south of Ellis Avenue and not located in Central Park. In addition the City would acquire 3 lots adjacent to Ellis Avenue for street widening purposes. New information has been brought to my attention which I believe might influence the City Council's decision in this matter. Environmental Status: Attachment(s): City Clerk's Page Number 1 RCA and support material from the May 20th agenda RECONS.DOC -2- 05/29/96 10:14 AM • Council/Agency Meeting Held: 46 Deferred/Continued to: B'Approved ❑ Conditionally Approved El Denied nay WeW-q City CleWs Signature Council Meeting Date: May 20, 1996 Department ID Number: 96-004 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBER SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ PREPARED BY: ROBERT J. FRANZ, Deputy City Administrat SUBJECT: Acquisition of 20 Encyclopedia Lots Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City of Huntington Beach has for some years been acquiring encyclopedia lots north of Ellis Avenue to incorporate them into Central Park. Mr. Marow has proposed exchanging 17 of his lots in the area the City has designated as Central Park for a comparable number of lots owned by the City in the Fairview Addition Tract, located south of Ellis Avenue and not located in Central Park. In addition, the City needs to acquire 3 lots adjacent to Ellis Avenue for street widening purposes. Fundinq Source: Budgeted Park Funds for necessary costs to consummate the transaction in an amount not to exceed $15,000. Recommended Action: Approve the attached Settlement and Exchange Agreement and authorize the Mayor and City Clerk to execute the necessary documents and deeds for recordation to perfect this property exchange. Alternative Action(s): Do not acquire the 3 lots for street widening and do not participate in this exchange. The City would lose this window of opportunity to acquire the 17 lots in exchange for 19 City lots. The majority of the City lots were acquired 15 to 20 years ago through tax sale. R QUEST FOR COUNCIL ACTIQN MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: 96-004 Analysis: As a condition of the acquisition of 3 lots owned by Mr. Marow bordering Ellis Avenue needed for street right-of-way widening, he requested the City enter into this exchange. This exchange will facilitate City's acquisition of lots for Central Park and also consolidate Mr. Marow's ownership in one 5 acre tract. Of the 300 encyclopedia lots within the designated Central Park area the City already owns 225 lots. The City will, at the completion of this exchange and acquisition, own 245 of the total encyclopedia lots, bringing the City that much closer to its desired total acquisitions. Mr. Marow will also have consolidated all of his lots in one tract to the south of Ellis. Attachment(s): P3 1.) Settlement Agreement, Release and Agreement for the exchange of property. 9.9 2.) Map of General Area p.B 3.) Plat Map of Central Park encyclopedia lots north of Ellis with City lots shaded solid and Mr. Marow's exchange lots designated by slanted lines. p.9 4.) Plat map of Fairview Addition Tract indicating lots and portions of lots shaded where owned by the City and Mr. Marow's lots designated by slanted lines. RCAMAREX.DOC -2- 04/29/96 1:54 PM SETTLEMENT AGREEMENT, RELEASE AND AGREEMENT FOR THE EXCHANGE OF PROPERTY This Settlement Agreement, Release, and Agreement for the Exchange of Real Pr erty ("Agreement") is entered into this day of , 1996, by and between the pty of Huntington Beach, a California municipal corporation, ("City") and Milton H. Maro and Mignon Marow Myers Toledo (collectively "Marow"). This Agreement is made in onsideration of the following: RECITALS A. City filed an action in eminent domain, entitled City of Hun ngton Beach v. Esther Marow, etc., et al. Orange County Superior Court Case No. 729415, ("t a Eminent Domain Action"). In the Eminent Domain Action, the City sought to acquire rtain real property owned by Marow, consisting of Assessor Parcels Nos. 110-153-16 and 110- 86-17 in the County of Orange, California ("Condemned Property"). B. The parties have negotiated an Agreement for the esolution of the Eminent Domain Action, which fixes an agreed amount of just compens ion for the Condemned Property, and involves the exchange of various other properties owned both the City and Marow. C. The parties wish to provide for the terminat' n of the Eminent Domain Action, and the exchange of properties between them, in full and final ettlement of any and all claims raised by the filing and conduct of the Eminent Domain Action NOW, THEREFORE, IN CONSIDERATI, PARTIES DO HEREBY AGREE AS FOLLOWS: Termination of Eminent Domain amount of just compensation for the taking of all shall be $45,000, plus statutory interest and cos for Judgment in the Eminent Domain Action in "A." The parties will likewise seek entry of a ti order of condemnation, in substantially the f in parties will bear their own attorney fees, ap rais Eminent Domain Action. F ALL OF THE FOREGOING, THE City and Marow agree that the interests in the Eminent Domain Action The parties will execute, and file, a Stipulation ubstantially the form attached hereto as Exhibit puiated judgment in the eminent domain, and final s attached hereto as Exhibit "B" and "C." All ers' costs and litigation expenses incurred in the 2. Exchange of Property. Prior to the time of the filing of any final Order of Condemnation in the Eminent Domain ction, City and Marow will exchange ownership of various properties owned by. each, by ay of an escrow, as more fully set forth below. The parties shall execute such escrow inst ctions as may be necessary to effectuate the transfer. a. City Transfer Property. City sliall transfer to Marow.certain lots located south of Ellis Avenue in the Fairview tract of Huntington Beach, California 1 4/kTDA96Agree/marow/ 4/17/96 - #2 0 • bearing the Orange County Assessor parcel numbers listed below ("City Property") Parcel Nos. 159-393-04 159-393-05 159-393-06 159-393-08 159-393-09 159-393-11 159-393-12 159-393-20 159-393-24 159-393-26 159-393-27 159-393-32 159-393-35 159-393-37 159-393-39 159-393-42 159-393- 159-393 49 1 - - -51 159- 93-52 15 -393-53 1 9-393-54 b Marow Exchange Property Marow all transfer to the City certain parcels of property located north of Ellis Avenue in racts 8, 32, 44 (Block A and B), and 45, further identified by the Orange County Assess r parcel numbers listed below ("Marow Exchange Property"): Parcel 110-152-06 110-161-05 110-161-12 110-161-16 110-161-20 110-161-22 110-162-01 110-163-02 110-163-19 110-165-04 110-183-02 110-183-10 110-184-03 110-185-02 110-186-06 C. Mineral Rights. The transfer of the City Exchange Property and the Marow Exchange Property shall be xclusive of any and all mineral rights for oil, gas, or other minerals lying below 500 fee beneath the surface of each of the involved properties. d. Title Insurance. City shall secure preliminary title reports for all of the City Exchange Property and e Marow Exchange Property. Prior to the date for the completion of the transfer of the City Exchange Property, City shall clear all outstanding tax liens, deeds of trust, and all ther encumbrances of record on the City Exchange Property, except such encumbr, nces as may be specifically approved by Marow in writing. Prior to the date of the completion of the transfer of the Marow Exchange Property, Marow will clear all c utstanding tax liens, deeds of trust, and all other encumbrances of record on the �arow Exchange Property, except such encumbrances as may be specifically approved by City in writing. Prior to the close of escrow on the exchange, City shall provide to Marow an ALTA title insurance policy covering the City Exchange Property, in the amount of coverage of $15,000 per exchanged lot. 2 4/k/PDA96Agree/marow/ 4/17/96 - 42 • C. Costs of Escrow. City shall bear all costs of escrow, including escrdw fees, documentary transfer taxes, recordation costs, and deeds. f. Documentation of Exchange. The transfer of the City Exchange yfoperty to Marow, and the Marow Exchange Property to City, shall be documented by a single grant deed by each party, covering all of the respective City Exchange Prop�rty and Marow Exchange Property. g. Additional Documentation. Upon request by Marow, ty will provide a letter to Marow, addressed to the assessing agencies listed herein, indic ing that the transfer of the City Exchange Property to Marow and the Marow Exchange roperty to City occurred under threat of eminent domain, as Marow may require for p ocessing of any requests for exemption from special fees or assessments that may attach o any of the exchanged property. Such letters shall be addressed to the agencies r sponsible for the following charges and assessments: MWD Water Service Fees Rodent Control Fees Weed and Trash Clearance Fees Any and all other assessments which ay be levied against the exchanged property h. Physical Condition of Property. Bot City and Marow have inspected the respective properties they will receive in exchan a under the escrow contemplated herein, and have approved the physical condition of th property for transfer. Neither party makes any representation, warranty, or other r presentation as to the physical condition of the property it transfers hereunder, including ut not limited to the existence or presence of hazardous or toxic materials or substance , hazardous or toxic wastes, or any other type of waste, pollution, or contaminant on r below the surface of the properties. All parties reserve any and all rights they may ave under any applicable law to pursue any remedy, legal or equitable, against any pri r owner, including any costs for investigation, cleanup, or remediation, of any hazardou or toxic material or substance, hazardous or toxic waste, or any'other type of waste, ollution, or contamination on or below the surface of the property each party recei s pursuant to the exchange provided for hereunder, including but not limited to ERCLA (41 U.S. C. §9601, et seq), the California Hazardous Substances Acc nt Act (California Health & Safety Code §25300, et seq.), the Hazardous Waste Contro Law (California Health & Safety Code §25100, et seq.), the Porter Cologne Act (Calif nia Water Code § 13000, et seq.), California Health & Safety Code §25280, et seq., and 3459 et seq., and the provisions of Proposition 65. 3. Integration. This Agree ent arises out of an "Offer for Settlement" forwarded to the City by Marow on or about Nove er 30, 1995, a copy of which is attached hereto as Exhibit "D." This Agreement contains Oie entire agreement of the parties, and supersedes any and 9 9 all prior oral and written representations. or negotiations between them. This Agreememay only be amended by a writing signed by both parties. 4. Attorneys' Fees. In the event of any dispute arising ou of this Agreement or any breach hereof, each party shall bear its own attorneys' fees. T e pr redevailing party shall not be entitled to an award of reasonable attorneys' fees incur, w ther or not the action proceeds to final judgment. As used in this paragraph, attorneys' fees s all include expert witness fees, filing fees, and discovery costs, including the costs of deposition ranscripts. MAROW: By: Milton H. Marrow 01 By:% r Mignon Marow MWrs Toledo REVIEWED AND APPROVED: City Ad inistrator REVIEWED AND APPROVED: David Cosgrove, Rutan & Tucker Special Counsel to City AND APPROVED: for Milton H. Mignon Marow Myers To Exhibit List CITY OF HUNTINGTO BEACH, A municipal corporation o the State of California Mayor ATTEST: City Cle APPROVED S TO FORM ,4—,ir Admini Exhibit "A" Form of Stipulation for Judgment Exhibit `B" Form of Stipulated Judgment in Eminent Exhibit "C" Form of Final Order of Condemnation Exhibit "D" Offer for settlement from Marow to City 4 4/k/PDA96 Agree/marow/ 4/17/96 - #2 City rney VED: U-63 �-� q11-1'9G P-� rl9lyb 11 RECORDING REQUESTED BY Mignon Marow Myers Toledo AND WHEN RECORDED MAIL TO: NAME Milton H. Marow STREET 8 6.4 N . Bundy Dr ADDRESS CITY, STATE'!TT� os Angeles, CA 90049 ZIP CODE L J SPACE ABOVE THIS LINE FOR RECORDER'S USE (DURABLE) LIMITED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That I, Mignon Marow Myers Toledo the undersigned (jointly and severally if more than one, hereinafter collectively "principal"), hereby Mi 1,nn _H constitute and appoint principal's true and lawful attorney to act for principal and in principal's name, place and stead and for principal's use and benefit: (a) To (This Power of Attorney shall survive my demise handle all matters concerning all legal, finan ial, banking and tax situations for a�/1 our lots in Huntington Beach, California, Orange County located in racts 32, 44 A & B, 8., 45, Fairview and 62. These lots were granted to us as a 1/2 undivided interest ei in fee, .as_our__sole and..separate property, by our mother,EstheMarow.- Principal hereby grants to said attorney in fact full power and authority to do and perform eaand every act and thing which may be necessary, or convenient, in connection with any of the foregoing, as fully, to all intents anurposes, as principal might or could do if personally present, hereby ratifying and confirming all that our said attorney in fact shlawfully door cause to be done by authority hereof. This Limited Power of Attorney is granted for a period of and shall terminate on Wherever the context so requires, the singular number includes the plural. WITNESS my hand this 29t-h day of February GNON STATE OF California COUNTY OF Los Angeles On 2-29_96 beforeme, Teri Ruby, notary public (NAME, TITLE OF OFFICER-I.E. 'JANE DOE, NOTARY PUBLIC) and shall become effective on personally appeared Mignon Marow Myers Toledo, AKA Micron Marow Myers, AKA Mignon personally known to me (or proved to me on the basis of satisfactory evidence) to be the Marow Toledo person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)'on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. TERI RUBY 3 WITNESS MY HAND AND OFFICIAL SEAL. U Comm if1042932 2 J I, LOS ANGLES COUFNiY U� . Comm. Fspirea Nor 7. 7898 � (SIGN TURE) WOLCOTTS FORM 1406 - Rev. 1-95 (price class 3A) / LIMITED POWER OF ATTORNEY Q1995 WOLCOTTS FORMS, INC. I I Before You use this form, fill in all blanks, and make whatever changes are appropriate and necessary to your I��II�II IIII IIIIIIIII particular transaction. Consult a lawyer if you doubt the form fitness for your purpose and wse. 1Vo)cotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. 7 67775 39406 1 E:" -t-9 -30, ! r Cl R F 1 EJ-.D CE 7"R�►� i'� p4L �Ropt TV P� tcPi I —1 46L IN I� y QV 44 l TIZ ttl nv C I I I I i 1 FAIRVIEW I _ i �- .. i �. • i I I� I E L1 5 G T,2 , G :i I I � I � 1 i I I � A • • • HUNTINGTON BEACH CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION To: Honorable Mayor and Fellow Council Members From: DavidGarofaCo, CounciCNember Date: May 30, 1996 Subject: Request for Reconsideration of Item #E-4 from the May 20th Council Agenda. At the May 20 City Council meeting the City Council approved a transaction in which 20 encyclopedia lots were either exchanged or purchased. On May 21 a letter was sent to me from Timothy J. Ryan of Cully and Ryan Law Offices which states as follows (except that I will refer to staff members as "city staff" rather than by name): "This correspondence will serve as a formal request for an appeal of an issue which was passed at the City Council Meeting, May 20, 1996. Specifically, I am referring to item #E-4 which is attached hereto. That matter was heard and approved I was never informed that the issue was going to be addressed at the City Council Meeting. Mr. Garafalo, as background information, I had notified [city staff) in November, 1994 of my intention to purchase four lots which adjoin my property in the Fairview addition tract. For the past twenty months, I and my Realtor Mike Doyle have been trying to obtain information regarding the ability to by those lots from the city. All communication from the city of Huntington Beach has been silent to that issue. Unbeknownst to myself, my real-estate broker and my real-estate attorney, [city staff) secretly negotiated a deal with an outside party, Milton Marrow. Those secret negotiations culminated in an agreement that was placed as Item E-4 on the City Council's agenda dated May 20, 1996. �1- • .'t • Request for Reconsideration of Item 4E-4 from the May 20th Council Agenda. 05/30/96 Page 2 Again, this is a formal request to have any furtherance of that agreement be halted and a rehearing of Agenda item #E-4 put before the City Council which has its next hearing set for June 3, 1996. Please contact my offices with a continuation of this formal request. Thank you in advance for your cooperation and diligence in this matter. Cordially, " Timothy J. Ryan, ESQ. It is because of this letter that I am respectfully requesting that the City Council agree to reconsider their decision of May 20th and set June 17th, the next regular City Council meeting, as the date to hear the concerns of Mr. Ryan. Thank you. DGYD xc: Michael T. Uberuaga, City Administrator Connie Brockway, City Clerk • �ti HUNTINGTON BEACH City of Huntington Beach INTER -DEPARTMENT COMMMUNICATION TO: MICHAEL T. UBERUAGA, City Administrator FROM: ROBERT J. FRANZ, Deputy City Administrator `'�' rn SUBJECT: REQUEST FOR RECONSIDERATION -- ENCYCLOPEDIA LOT TRAN F. r DATE: May 29, 1996 Cr-) The attached RCA was approved at the May 20, 1996 regular City Council Meeting. A request for reconsideration has been placed on the June 3, 1996 agenda based on new information. The new information that was not discussed at the May 20, 1996 City Council Meeting is that there was another party interested in one or more of the encyclopedia lots that were transferred as a part of the approved trade of encyclopedia lots. Attached are two letters that were sent to the local resident who had expressed interest in the encyclopedia lots adjacent to his property. You will note that the resident was advised that we were not in position to consider offers on the lots because we had already entered into discussions with another party regarding the encyclopedia lots. As it turned out, we were successful with the other party (Marow) in negotiating the trade of encyclopedia lots. The trade of encyclopedia lots that was negotiated by staff and approved by the May 20, 1996 City Council Action resulted in the City trading 19 City owned encyclopedia lots from the south side of Ellis Avenue (Fairview Tract) to Mr. Marow in exchange for 17 encyclopedia lots north of Ellis, in the designated Central Park area, that were owned by Mr. Marow. Three additional lots were acquired from Mr. Marow (total = 20 lots) for the widening of Ellis. We had commenced eminent domain proceedings with Mr. Marow to acquire the three lots needed for Ellis Avenue widening, and the Court had encouraged the City and Mr. Marow to resolve issues regarding value. Mr. Marow rejected the City's offer to acquire the three lots for the Ellis widening unless the City and Marow could agree on the trade of the other lots. The City's outside legal counsel (Rutan and Tucker) recommended that the City negotiate an equitable trade. Had agreement on the trade not been reached, the next step would have been eminent domain court proceedings, associated legal fees and, ultimately, a determination of value by the court on the 3 lots needed for the widening of Ellis. In prior eminent domain proceedings for the City acquisition of encyclopedia lots for the Ellis Avenue street widening south of Ellis, the City was required to pay as much as $36,000 for individual encyclopedia lots. (The circumstances of the prior eminent domain proceedings were different and not comparable to the acquisition of lots north of Ellis.) 0019078.01 05/29/96 2:44 PM REQUEST FOR RECONSIDERATION -- ENCYCLOPEDIA LOT TRANSFER The City could have opted to insist on limiting the eminent domain discussion to the three encyclopedia lots needed for the street widening north of Ellis, but in view of; 1) our lack of Park Acquisition and Development Funds to acquire encyclopedia lots and, 2) the risk of losing on the valuation questions, and 3) the court encouragement, and 4) Mr. Marow's insistence, the trade of lots was negotiated as a "win win" solution. Prior to the trade with Mr. Marow, the City had acquired 225 encyclopedia lots out of the 300 total lots needed for completion of land acquisition in the Central Park area north of Ellis. The price the City has paid for the 225 lots has generally been around $10,000 per lot. In one instance where the City was forced to use eminent domain to acquire encyclopedia lots, the court determined price was $11,500 per lot. If eminent domain were required to acquire the 17 lots, the cost might be $170,000 - $195,000 plus legal fees, Private sale (no City involvement) of comparable encyclopedia lots in the quarter section south of Ellis have ranged from $5,000 to $18,000. Regarding the City owned lots south of Ellis, the City acquisition of most of the lots took place many years ago when the area was envisioned as possibly being a part of the future Central Park or a local park. The acquisitions took place primarily by way of tax sales whereby the City acquired the lots at a very low cost. Their value, again, can be argued to be anywhere from nominal to up to $18,000. In conclusion, the trade of lots results in the City acquisition of 17 encyclopedia lots in the interior section of Central Park north of Ellis plus three encyclopedia lots immediately adjacent to Ellis needed for street widening. The 17 lots were acquired with no cash outlay by the City. Mr. Marow received 19 City lots south of Ellis that are subject to the development restrictions as described in the attached memorandum. This trade of lots is beneficial to the City due to the acquisition of 20 encyclopedia lots without the need for using limited and/or non existent Park Acquisition and Development Funds. It brings us much closer to our goal of acquiring all 300 lots. RJF:skd — C.CD cc: Melanie Fallon <<=gym Ron Hagan _ r = ri m Dan Brennan 0019078.01 05/29/96 2:59 PM • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET ADMINISTRATIVE SERVICES April 5, 1996 ?Michael Doyle Doyle Realty 19641 Quiet Bay Lane Huntington Beach, Cal. 92648 CALIFORNIA 92648 Subject: 4 Encyclopedia lots -in the Fair\lew Addition aka AF 159-393-51,52,. 53, 54 Dear Mr. Doyle: Thank you for your letter of April 2, 1996 stating your interest in the above referenced Encyclopedia lots, contiguous to your clients' property. As we discussed in November--, 1995, the City's' negotiation with a buyer of the properties has changed little with the exception of possibly being closer to a finalization of the negotiations. If you would like to keep in contact with us, upon completion of the transaction we may be able to give you the name of the new owner. Respectfully, DAN N1. BRENTNANI Director Real estate Services DRUG USE IS Misc doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES November 21, 1995 Timothy J. Ryan, Esq. Cully & Ryan 8072 Warner .Avenue Huntington Beach. Cal. 92647 Reference: 2-4 Encyclopedia Lots in the Fairview Addition Tract Dear Timothy Ryan: Thank, you for your letter dated 11/16/95 addressed to Mr. Ray Silver; Assistant City Administrator, as well as a copy of the letter dated 11/01/94 to Mr. Dan Brennan, Director of Real Estate Services regarding your interest in the above referenced lots. Both lots are owned by the City of Huntington Beach and are, at this time, part of several lots being considered in a real estate negotiation. Until such time as the negotiation comes to a successful conclusion or is canceled, the City is not in. a position to consider other offers on the proper y. Upon conclusion of the negotiation, we will be happy to notify you as to the status of the property. Thank you for your patience and if you have any further questions; please call me at 714- Respectfully, PAliL S. L.ARKr\ Real Estate ALent cc Ray Silver, assistant City ,Administrator fn ut ret. duc 11 /21 /95 11 :50 .%\ • �J 0 HUNTINGTON BEACH TO: FROM: SUBJECT: DATE: CITY OF HUNTINGTON BEACH INTER -DEPARTMENT COMMUNICATION Melanie S. Fallon, Community Development Director Howard Zelefsky, Planning Director Zoning Regulations for Lots Involv in Land Transaction pproved by the City Council on May 20, 1996 May 29, 1996 The City approved a transaction for 19 lots as shown on the attached assessor's parcel map (Attachment A). These lots are located within the Ellis-Goldenwest Specific Plan (EGSP) area, and their development is governed by that document. The EGSP shows that 13 of the lots are located in a designated open space corridor (Attachment B). The open space corridors are generally those areas below the 50 foot contour. This designation allows for recreational trails and public works facilities and utilities; it precludes construction of structures for other uses below the 50 foot contour. Development on the remaining six lots can occur pursuant to the regulations in the EGSP. In brief, the Specific Plan allows single family residential development with a minimum lot size of 8,000 square feet. However, a minimum project area of 10 acres is required for any development proposal. In the same transaction, the City acquired 17 lots north of Ellis Avenue in the area of Huntington Central Park (Attachment Q. These lots are zoned for Open Space -Parks and Recreation uses as identified in the Huntington Beach Zoning and Subdivision Ordinance. 34, T:5S., R.11.Nf Tu'c MAD YjkC OAFoARED FOR C, AGE t,�jjN fY ASSESSOR DEPT PURPOSES ONLY 159 THE 1SSESSOR FAKES NO GUARANTEE AS TO 1jOaSj6,CUQACY NOR ASSUMES ANY LIA81UTY PAGc t OF 2 FC` •!THEP USES NOT TO 6E REPROOUCEO . W ALL jjf'WTg RESERVED W c copyH!GHT ORANGE COUNTY ASSESSOR 1995 0 t, IS A VENUE 25 zs• . . FrAIRVI,5-W AD D. Rl TRArA CTr. 2 I T L. ITS -• S jf�DED t_ I-,' ^ 161 17 12 19 2 2 2 Lo Ts i 18 .� 14 2: o17 I 1 `13 • 1 s 25 so 2325• �. 2s• u. :OT s I 2 ; CARRIAGE * 1 Lo - CG CIRCLE -�' Ito-cisj 23• 0, rr: 23 2S 29 31 SEE PAGE 2 '? 3 3_ J RE 25• I +s• , 41 • : s `j 315 :' n — 0 38= 34 cc 2i. Loi a 2• ct iso I e � '7 so S NO. U210 : ^ E6: C48 ,i _� 2! zs sr 30• Ay .5C 51 .52 53 • • (� 1 L�1- rro� ►,� 35 NO rE - ASSESSOR'S BLOCK 6 » S cE SSC �? 'S MA P PARCEL NUMBERS BOOK 159 PAGE 39 A4&c,hrv,� S F- w w LL W 0 Q 3 0 w ELLIS AVENUE 1 L �ru�r�u�urrrrrrru uururr rrrruurr�u��rurrr- TOff LLJ Lu Cr CA .I .. • _G' �1 F- to Lu r - - - y �• �J �~ tj w 9 0 = I - - I 10, also so go III rrr n nIII InIIIIII- _ T GARFIELD AVENUE "I Neighborhood Park '~ Open Space ,,e m e r r r Equestrian Trail Open Space Corridors and Trail System Exhibit 8 Ellis-Goldemvest Specific Plan 19 (0825Q) Revised June 19, 1995 • .. w• � � 1 Iv��/T 1 . � Q!-III L0-I11 I JJ3HI5 1 ff3Al, H30700 • •I A 9 7 0 � .6Jr A�1 1 ui71 :w�af .. 5rA �l 0 Council/Agency Meeting Held: Deferred/Continued to: ❑ Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature Council Meeting Date: May 20, 1996 1 Department ID Number: 96-004 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMB SUBMITTED BY: MICHAEL T. UBERUAGA, City Administ PREPARED BY: ROBERT J. FRANZ, Deputy City Admini SUBJECT: Acquisition of 20 Encyclopedia Lots. Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments) Statement of Issue: The City of Huntington Beach has for some years been acquiring encyclopedia lots north of Ellis Avenue to incorporate them into Central Park. Mr. Marow has proposed exchanging 17 of his lots in the area the City has designated as Central Park for a comparable number of lots owned by the City in the Fairview Addition Tract, located south of Ellis Avenue and not located in Central Park. In addition, the City needs to acquire 3 lots adjacent to Ellis Avenue for street widening purposes. Funding Source: Budgeted Park Funds for necessary costs to consummate the transaction in an amount not to exceed $15,000. Recommended Action: Approve the attached Settlement and Exchange Agreement and authorize the Mayor and City Clerk to execute the necessary documents and deeds for recordation to perfect this property exchange. Alternative Action(s): Do not acquire the 3 lots for street widening and do not participate in this exchange. The City would lose this window of opportunity to acquire the 17 lots in exchange for 19 City lots. The majority of the City lots were acquired 15 to 20 years ago through tax sale. " REST FOR COUNCIL ACTIOO MEETING DATE: May 20, 1996 DEPARTMENT ID NUMBER: 96-004 Analysis: As a condition of the acquisition of 3 lots owned by Mr. Marow bordering Ellis Avenue needed for street right-of-way widening, he requested the City enter into this exchange. This exchange will facilitate City's acquisition of lots for Central Park and also consolidate Mr. Marow's ownership in one 5 acre tract. Of the 300 encyclopedia lots within the designated Central Park area the City already owns 225 lots. The City will, at the completion of this exchange and acquisition, own 245 of the total encyclopedia lots, bringing ti:: City that much closer to its desired total acquisitions. Mr. Marow will also have consolidated all of his lots in one tract to the south of Ellis. Attachment(s): P3 1.) Settlement Agreement, Release and Agreement for the exchange of property. 9.9 2.) Map of General Area P.9 3.) Plat Map of Central Park encyclopedia lots north of Ellis with City lots shaded solid and Mr. Marow's exchange lots designated by slanted lines. P. 114.) Plat map of Fairview Addition Tract indicating lots and portions of lots shaded where owned by the City and Mr. Marow's lots designated by slanted lines. RCAMAREX.DOC -2- 04/29/96 1:54 PM LAW OFFICES OF e% f tj awd Aaw FRED WARING PROFESSIONAL BUILDING 44-100 MONT EREY AVENUE, SUITE 209 A PROFESSIONAL CORPORATION PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 341-0448 TIMOTHY J. RYAN CULLY AND RYAN LAW BUILDING FAX IS 19) 773-5749 MICHAEL R. CULLY B072 WARNER AVENUE ' HUNTINGTON BEACH, CALIFORNIA 92647 EAST VALLEY PLAZA TELEPHONE (714) B98-1111 49-111 HIGHWAY III, SUITE 3-2 FAX (714) 891-SB02 COAL H ELLA, CAL FO RNIA 92236 TELEPHONE (619) 398-2220 FAX (619) 398-2140 June 3, 1996 PLEASE REPLY TO: SUBMITTED TO: HONORABLE MAYOR AND DISTINGUISHED CITY COUNCIL MEMBERS. MEMO IN SUPPORT OF REQUEST FOR RECONSIDERATION OF ACTION TAKEN ON MAY 20, 1996 REGARDING EXCHANGE AND PURCHASE OF APPROXIMATELY 20 ENCYCLOPEDIA LOTS! NO DUE PROCESS I, Timothy J. Ryan, and my family, have been residents of Huntington Beach for 15 years. In 1989, we bought a home on Corral Circle. Our land is adjacent to the Fairview Tract. Pictures are attached as exhibit A. We were informed that said land was to be potentially a park. At the very least, the land was NEVER to be developed. In October, 1994, I called Dan Brennan, a real estate employee for the City of Huntington Beach. An inquiry was made as to the purchase of 4 lots in the Fairview Addition that adjoin our property. Mr. Brennan said to put it in writing. Accordingly, correspondence was sent November 1. 1994, a copy attached as exhibit B. THE RESULT WAS NO RESPONSE. On November 16, 1995, additional correspondence was sent to Ray Silver, Assistant City Administrator for Huntington Beach, which is attached hereto as exhibit C. A response was sent on November 21, 1996 which is attached hereto as exhibit D. Essentially, I was informed that we have NO RIGHTS and have NO PARTICIPATION in any negotiations with city property. For approximately 18 months, many verbal contacts were made to the real estate staff, mainly Paul Larkin. The Response was the same. We (The City) will contact you when we (The City) have finished our negotiations. EVERYTHING WAS A SECRET!! LAW OFFICES OF FRED WARING PROFESSIONAL BUILDING 44-100 MONTEREY AVENUE, SUITE 209 PALM DESERT, CALIFORNIA 92260 A PROFESSIONAL CORPORATION TELEPHONE (619) 341-0448 TIMOTHY J. RYAN CULLY AND RYAN LAW BUILDING FAX (619) 773-5749 MICHAEL R. CULLY 8072 WARNER AVENUE HUNTINGTON BEACH, CALIFORNIA 92647 EAST VALLEY PLAZA 49-111 HIGHWAY III, SUITE 3-2 TELEPHONE (714) B98-1111 COACHELLA, CALIFORNIA 92236 FAX (714) 691-5802 TELEPHONE (619) 398-2220 FAX (619) 396-2140 June 3, 1996 PLEASE REPLY TO: SUBMITTED TO: HONORABLE MAYOR AND DISTINGUISHED CITY COUNCIL MEMBERS. MEMO IN SUPPORT OF REQUEST FOR RECONSIDERATION OF ACTION TAKEN ON MAY 20, 1996 REGARDING EXCHANGE AND PURCHASE OF APPROXIMATELY 20 ENCYCLOPEDIA LOTS! NO DUE PROCESS I, Timothy J. Ryan, and my family, have been residents of Huntington Beach for 15 years. In 1989, we bought a home on Corral Circle. Our land is adjacent to the Fairview Tract. Pictures are attached as exhibit A. We were informed that said land was to be potentially a park. At the very least, the land was NEVER to be developed. In October, 1994, I called Dan Brennan, a real estate employee for the City of Huntington Beach. An inquiry was made as to the purchase of 4 lots in the Fairview Addition that adjoin our property. Mr. Brennan said to put it in writing. Accordingly, correspondence was sent November 1. 1994, a copy attached as exhibit B. THE RESULT WAS NO RESPONSE. On November 16, 1995, additional correspondence was sent to Ray Silver, Assistant City Administrator for Huntington Beach, which is attached hereto as exhibit C. A response was sent on November 21, 1996 which is attached hereto as exhibit D. Essentially, I was informed that we have NO RIGHTS and have NO PARTICIPATION in any negotiations with city property. For approximately 18 months, many verbal contacts were made to the real estate staff, mainly Paul Larkin. The Response was the same. We (The City) will contact you when we (The City) have finished our negotiations. EVERYTHING WAS A SECRET!! o LAW OFFICES OF -Vmay an A PROFESSIONAL CORPORATION REAL ESTATE DEAL FINANCIALLY UNSOUND AND POLITICALLY SUSPECT The whole transaction arose out of a Complaint in Eminent Domain filed May 9, 1994 attached hereto as exhibit E. The City of Huntington Beach wanted to acquire 3 lots from a Brentwood resident, Milton Marow, for street widening on Ellis Avenue. That simple proceeding culminated in transferring 17 WORTHLESS lots in Central Park for 19 VALUABLE city lots in the Fairview addition. I respectfully ask: Why did the Real Estate Department with the city of Huntington Beach do this TOTALLY INEQUITABLE Exchange? Why was this exchange done in SECRET negotiations? What was Mr. Marow from Brentwood PROMISED with respect to development of his newly acquired lots? Why wouldn't the city put the lots up for OPEN BIDDING? Just for openers, it should be noted that lots 51,52,53 and 54 (which adjoin the Ryan Residence) and would be involved in the exchange, are valued, according to Marrow as being 6$ 0,000 per lot. That is a total of 24$ 0,000 for only (4) lots. Again, Marrow is giving WORTHLESS property in exchange for VALUABLE property. LAW OFFICES OF -emay and A PROFESSIONAL CORPORATION REAL ESTATE DEAL FINANCIALLY UNSOUND AND POLITICALLY SUSPECT The whole transaction arose out of a Complaint in Eminent Domain filed May 9, 1994 attached hereto as exhibit E. The City of Huntington Beach wanted to acquire 3 lots from a Brentwood resident, Milton Marow, for street widening on Ellis Avenue. That simple proceeding culminated in transferring 17 WORTHLESS lots in Central Park for 19 VALUABLE city lots in the Fairview addition. I respectfully ask: Why did the Real Estate Department with the city of Huntington Beach do this TOTALLY INEQUITABLE Exchange? Why was this exchange done in SECRET negotiations? What was Mr. Marow from Brentwood PROMISED with respect to development of his newly acquired lots? Why wouldn't the city put the lots up for OPEN BIDDING? Just for openers, it should be noted that lots 51,52,53 and 54 (which adjoin the Ryan Residence) and would be involved in the exchange, are valued, according to Marrow as being 6$ 0,000 per lot. That is a total of $240,000 for only (4) lots. Again, Marrow is giving WORTHLESS property in exchange for VALUABLE property. LAW OFFICES OF -em&and A PROFESSIONAL CORPORATION RESOLUTION: RECONSIDER ENTIRE REAL ESTATE EXCHANGE As a citizen of Huntington Beach and adjoining property owner, the Ryans are entitled to FULL disclosure! Secret dealing with city property is NOT RIGHT. This is not a monarchy. Citizens, who express interest in city matters, need to be heard. The Ryans respectfully request to PARTICIPATE in their destiny. We want to PARTICIPATE in negotiations which relate to the transfer of land adjoining their property. We want a level playing field. Again, my sincere appreciation for your continued cooperation. Cordially, TIMOTHY J. RYAN LAW OFFICES OF �� and Mywln A PROFESSIONAL CORPORATION RESOLUTION: RECONSIDER ENTIRE REAL ESTATE EXCHANGE As a citizen of Huntington Beach and adjoining property owner, the Ryans are entitled to FULL disclosure! Secret dealing with city property is NOT RIGHT. This is not a monarchy. Citizens, who express interest in city matters, need to be heard. The Ryans respectfully request to PARTICIPATE in their destiny. We want to PARTICIPATE in negotiations which relate to the transfer of land adjoining their property. We want a level playing field. Again, my sincere appreciation for your continued cooperation. Cordially, TIMOTHY J. RYAN I Iq • TIMOTHY J. RYAN MICHAEL R. CULLY November 1, 1994 Q LAW OFFICES OF U� u� anal R�� A PROFESSIONAL CORPORATION CULLY AND RYAN LAW BUILDING 8072 WARNER AVENUE HUNTINGTON BEACH, CALIFORNIA 926�7 TELEPHONE (714) 898-1111 FAX (714) 891-5802 Dan M. Brennan CITY OF HUNTINGTON BEACH, 2000 Main St— eet Huntington Beach, CA 92648 Dear Mr. Brennan: FRED WAKING PROFESSIONAL BUILDING 44-100 MONTEREY AVENUE, SUITE 209 PALM DESERT, CALIFORNIA 92260 TELEPHONE 1619) 341-0448 FAX (6191 773-5749 VERDE VALLEY PLAZA 51671 HARRISON STREET COACHELLA. CALIFORNIA 92236 TELEPHONE (619) 398-2.220 FAX (6191 398-2140 PLEASE REPLY TO: Huntington Beach My wife and I respectfully request the .ability to purchase lots No. 57, 58, 59 and 60, in the Fairview Addition. As you are aware, we presently reside at 6762 Corral Circle. we are located on the border at the southeast corner of the Fairview Addition. It would be our intention to landscape the property which would require Yem_lving all the existing debris. This would be done in conformity with those lots 49, 50, 51 and 52, recently purchaser and land=_cared by cur neie_hbor, Mike Day -is. It is our belief that with the maintenance of these lots, the area would be great-.y enhanced. I have attached Exhibits A, B, C, D and E which depict the aria in Question. In es:iibrt d A anB, I have marked n blue, the exact lots we wish to purchase. Mr. Brennan, it was a pleasure to meet you. I look forward to your anticipated consideration and cooperation. Very truly yo rs, TIMOTHY J. RYAN, ESQ. y Ex�+cQ1�— —,�SI 5c C. 34, T. 5 5, R. 11 W PAGE I OF 2 p 4 s O = Q Z 0110 J ' r s I IAVEWLIE. �� F%R.IEW N 2 3 4 *�6 8 9 10 1I 12TRACT_./ 31 4 -- 8 9 /0 // / CITY W I\J E Q 13 /4 / /61 17 /8 /9 201 2/ 22 2i 24 / � I I 22 21 20 19 18 17 P16 15 14 13 I I l l ZS SS• Imo• ZSz5• I�IJ• �• i I I LOT A CO CaPR/aGc C/RCL E 1 N U ! \ z O " 23 24 25 26 27 28 2-330 31 E 33 / /00 261 2 27 28 29 3 3� 34 35 3 TI ScE PAGE 2 37 381 39i 401 4/ 44! 45i 46I 47 48 N412 4I 40 39 38 J7 30 35 34 1 1 L 0 T e I 44 45 46 a7 ag g 50 5. 52 53 5:4 ! 90 NO. I32/0 I :; ' 4 50 ` a 5 4 55J 56 57 �S8 60 Ip NOTE - ASSESSOR'S BLOCK & PARCEL NUMBERS SHOWN IN CIRCLES ASSESSORS MAP BOOK 159 PAGE 39 COUNTY OF ORA. ,'GE THIS 'WAS PREPAIR£D FOR ORANGE COUNTY 11�rt,•' r k,° ' ' ASS R DEPT',PURPOSES ONLY. THE ASSES- r- SO E5 Nd GUARANTEE AS 70 fT5 ACCURACY t• s, NOR UMES'ANY LIABILITY FOR OTHER USES. NOT TO BE RE RODUC£D. ALL RIGHTS RESERVED j ;; 4;.CCOPYRIG44T ORANGE COUNTY ASSESSOR 1993 � I• r ki r�1 Win.• � I W I I 'r'I •, ' + :' ` rRar ER ctenc� a +- _ ' 1t , ..I'• - 1 _V v7L.tAV.Li . bRC~E .. (�'v +i, !' _ I t.: r;•vcL �. LPL avv .:✓Vil•1 i3f �'E.. Jr CORAL. I 6..,GARR/AG£ C.R :.. i� 4 l 7 S/LYERSPUR LANE ',� /� B. HORSESHOE LANE 73; .9- POLO CIRCLE' 10. PIArL/CO CIRCLE CIRCLE. .-.CXURII £ - • • !O rAW a 40 B00K 110 . z J s.._ R. n W. 34 1.35 _. ..r.6s., a.//w. 3 r2 _ .+5�^,a1r(*•ff t � y'��j,j�."� .a:;,�w�-iGtlJ k. ►.r?.S; -;r •n `,� � �a .t_. � ;;;. ' �: r•� „}•r ,. � � r " =,. ti :. ell i �' • dO r F MARCN /MA , TRACT W /JLI" M. M, d9Z = 47 1b SO IWC w rmavr JT7�C><►1 ' NOTE • ASSESSOCI tt= j WOK tSf PACE 3i ' ' f1CD PARC[I NUMRM WN MJ CWCLES • '.. — +v:r _.. _. ..._ __. __...--_':'`.�a•,.i)� :/r;;i;Ti:. rl"+:-' p ,.,.r .y�. 'r..r.paT4••;f;j�fi"f'-i'•'+•,+' .:1,�•;�••" •r,�r'Su, :r' :,•. �.S1,�T?9' R' fTtT. T .:r'•:;�,;• 1, :�i`-,':, �r .; + r.., - _Z--�'�' �/a��:�:a �•F.�1, �h �T,�•j .r• .Il •:�. ��t .r.. ��'•'i': •; �•':.1 r�1, 1: :' � � ■ - fhC-�,'1�.,r.-. .. .. t. .. '•! !' 'rl .r; i f•.. •.:;�,f/.';i(> ..lJ. r'. .--F-;•..:w�^;Ft��1rg�', r. -.fl �"" .".2�'r�'�' 7;.. '.r 1, _ ���!'l.hrt.. t.. �; �. ,=r; _ '3 ,, 1 •-r� _ :�4• .;:a,�• �'�.` '. T- [_ \ �rl LLJJ I ,I --' i � I' � /•i I �' yy �I I I;1 I i ' \ _ I I� 11 � I , ; li � \ fi PR(JPER, e NOV 1 .e. 1 5 LAW OF MANACc,.,.an /OyF/yFFIIC�/ESRwn FRED WARING PROFESSIONAL BUILDING 66-100 MONTEREY AVENUE. SUITE 209 A PPOFESSIONAL CORPORATION PALM DESERT. CALIFORNIA 92260 TIMOTHY J. RYAN CULLY AND RYAN LAW BUILDING TELEPHONE (619) 341-0448 MICHAEL R. CULLY 8072 WARNER AVENUE FAX (619) 773-5749 HUNTINGTON BEACH. CALIFORNIA 92647 VERDE VALLEY PLAZA TELEPHONE (714) 898-1111 51671 HARRISON STREET FAX (714) 891-5802 COACHELLA. CALIFORNIA 92236 TELEPHONE (6191 396-2220 HAND DELIVERED FAX (619) 398-2140 PLEASE REPLY TO: Huntington Beach November 16. 1995 Rav Silver Assistant Citv Administrator CITY HALL 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Silver: My purpose for this correspondence relates to the potential purchase of two (2) to four (4) lots in the Fairview Addition which is located on the Edwards hill. At the present time. I am now compelled to write to you since previous communications to City Hall have proved futile. Attached hereto as Exhibit "A" is correspondence dated November 1. 1994 directed to Dan Brennan. Since that letter, Mr. Brennan has been most courteous, vet nonresponsive. vjr 7111-er. i hi.a .Czgjc .l.ruii 1 .:.:qucsun` Dui ai litG is , a:i � ` .'.:.swcrs tv . _ rzque$i r of the subject lots. Please be advised that I have retained the services of Michael Doyle who is associated with Doyle Realty to assist in the purchase. Please contact me upon receipt of this correspondence. Very truly yours. TIMOTHY J. RYAN, ESQ. cc: Michael Doyle cc x Camr jG' 1. 5 F., i'. ���1'`✓. �v J PAGE 10= 2 i O Q Z Lo f s fAVEyVUE.: 2 v o 7 �, � g ! 0 _11 19. .I /a 1 451 /51 /7 /e IS - 211 Z- = `l c<< I I I I I r^ I I s I( ! ��A 1 T�� 1 (2L 2 i GC 1_ \�I�i' I I I ! I C-ARR1,4C y C;?CL c Sc c I •ZIC- 2 N0. 13210 LOT 2-5 24 `25 2E 27 28 29 -O I � I 32 C - Vo I . o t I /t 271 -a ?c1��I I I Ii C� ^7 `nJ�n2TC; G:� .? I I f •�� I 1 I I a LOT ` I I i NOTE . SScSSOR'S BLOCK � P�P.CE"� t'�Uh/BE,RS KNOWN IN CIRCLES W 54► Ga a I =`' R a Sn 531 gal 57 F `g1 `-Si` ASSES�O�.'S MA? BOCK 15 COUNTY • • CITY OF HUNTINGTON BEACH 2000 MAIN STREET REAL ESTATE SERVICES November 21, 1995 Timothy J. Ryan, Esq. Cully & Ryan 8072 Warner Avenue Huntington Beach, Cal. 92647 Reference: 2-4 Encyclopedia Lots in the Fairview Addition Tract Dear Timothy Ryan: CALIFOR N[A 92648 Thank you for your letter dated 11/16/95 addressed to Mr. Ray Silver, Assistant City Administrator, as well as a copy of the letter dated 11/01/94 to Nir. Dan Brennan, Director of Real Estate Services regarding your interest in the above referenced lots. Both lots are owned by the City of Huntington Beach and are, at this time, part of several lots being considered in a real estate negotiation. Until such time as the negotiation comes to a successful conclusion or is canceled, the City is not in a position to consider other offers on the property. Upon conclusion of the negotiation, we will be happy to notify you as to the status of the property. Thank you for your patience and if you have any further questions, please call me at 714- 536-5445. Respectfully, PAUL S. LARKIN Real Estate Agent cc: Ray Silver, Assistant City Administrator frvutrct.doc 11i21i95 ii:so Aivi" .. ..._ - -. - -.. _......-. FOR THE COUNTY OF ORANV` PLAINTIFFS DEFENDANTS CITY OF HUNTINGTON BEACH (Parties on Civil Cover Sheet Must conform exactly to parties listed an CoeptalntlPeUUon. Use reverse of form to complete listing of parties. if necassary.3 ESTHER MAROW, as Trustee of the ESTHER MAROW REVOCABLE TRUST, MILTON H. MARO, a married man; MIGNON MAROW TOLEDO, a named woman, and DOES 1 through 100, inclusive ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEY (IF KNOWN) RUTAN & TUCKER MICHAEL D. RUBIN, DAVID B. COSGROVE 611 ANTON BLVD., SUITE 1400 COSTA MESA, CALIFORNIA 92626 v�/ --7 (714) 641-5100 / CASE TYPE CATEGORY: Place an 'X' in those boxes which describe the principal cause of action in the complaint petrdon: OTHER CIVIL Q Accounting 0 aad Faint (Not insurance) Q Bleach at Contract Q Breach of Warranty (Not Personal Injury) Q common Count Q Cariversbn Q Canstrucove Trust Q oecaratary Relief Q Defamation (L.ilawsander) Q Dissolution of Corporation Qj Dissolution of Partnership ® Eminent Domain Q Foreclosure - Other than mechanic's Lien Q Fraud Q Injunctive Relief Q Insurance Bad Faith Q Inverse Concomnatian Q Legal matpractica Q mechanic's Lien I� coney - Promissory Note. Confession of Judgment Q open Book Account Q Pmtess,anai Negligence (Not Personal Injury) 0 Quiet TAla Q Real Procany/Damage to Real Property Q Real Property Partition Q Restitution 0 Recision Q Snearic Performance Q Subrogation Q Trespass Q Wrongful Eviction Q Wrongful Termination Q CHECK HERE IF ANY DEFENDANT IS AN UNINSURED MOTORIST PERSONAL INJURY: Q AasaUnMattery Q Dental malorac-ics Q Emotional Distress Q False Imprisonment Q medical malpractice Q malicious Prosecution Q Negligence (Personal Injury) Q Products Liability Q Wrongful Death. Personal Injury, or Damage to Personal Property CoUs to involvement of AutOmaaile) Q Wrongful Death. Personal Injury. or Damage to Personal Property (No involvement with Automobile) Has this action prunousjy been riled and dismissed? ( ]Yes (Xl No Q OTH EA Q Abstract Of Judgment Q Civil Harassment Q Claim of Forfeiture Q Confirm Arb. ?wars Q Habeas COrpus - Crvi Q Labor Commswon Awards Appeal Q order to show Cause re: Contempt Q Relief From Late Gavt. Claim Q untawtut Detainer Q Writ of Cartiorar, mandate or Prohibition Q FILE STAMP CR:Gc CGU;; CR CCURT y i T c,FrCERICLERK I/ DEPUTY If your response to No. 1 was Yes. please provide the following information: (a) The case number for the prior action CASE QI) was such prior action assigned to a judge tar all purposes? ( ) Yes ( l No (c) It trio onar action was so assigned, specify the judge to wnam it was assigned 3. Is this action rotated to any other action presently pending before this court or to be riled concurrently herewith? ( ) Yes p{) No 4. If your response to No. 3 was Yes, please provide the following information: (a) The case number for the prior action (b) Was such prior action assigned to a judge for all purposes? ( l Yes ( l No (c) It trio prior action was so assigned, specify trio judge to whom it was assigned: ER 294 JUDGE FRANCISCO F. FIRM4, DEPT.22 c S. It an Amended Complaint or Mended petition Is filed herewith, was the anginal complaint riled on or attar January 1. 19917 ( ) Yes ( ) No G. It your response to No. 5 wait Yes, please provide the fomowirng information: (a) Unoarwnat Case Type Category was the original Complaint or Petition filed? (b) was such prior action as slgnea to a judge for ail purposes? ( l Yes ( ) No (W If the prior action was so assigned, specify the judge to whom it was assigned I declare under Density of perjury under the taws of the state Of Cakfamla that_e foregoing is true and correct and that this deciaration is e)mCuted on: (date): May 9 , 1994 FO182-847.5 (R8/93) signature ovoperty or=crnay of Record CIVIL COVER SHEET DAVID B . COSGROVE UISE4T (Do not staple to pleading) 0C-847 _t L i n� 3 4 c. ; 5 6 G7 W .. 7 LL- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �J RUTAN & TUCKER MICHAEL D. RUBIN (State Bar #062588) DAVID B. COSGROVE (State Bar #115564) 611 Anton Boulevard, Suite 1400 Costa Mesa, California 92626 Telephone: (714) 641-5100 Telecopier: (714) 546-9035 Attorneys for Plaintiff CITY OF HUNTINGTON BEACH r � LJ UILE.D ORANGE COUNTY SUPERIOR COURT .-Z .1 AY 0 9 ALAN SLATER, EX,F. I IE OFFICER/CLERK By DEPUTY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CITY OF HUNTINGTON BEACH, Plaintiff, vs ESTHER MAROW, as Trustee of the ESTHER MA -ROW REVQCABLE TRUST, MILTON H. MAROW,,�a married man, MIGNON M.AROW TOLEDO,'- a named woman, and DOES 1 through 100, inclusive, Defendants. (2,%y/ 729415 CASE NO.:. COMPLAINT IN EMINENT DOMAIN [Code of Civil Procedure Sections 125C.130; 1240.4-10(b)] Boa JUDGE FRANCISCO F. FIRMAT DEFT.22 - - -;4 Plaintiff CITY OF HUNTINGTON BEACH, alleges as follows: 1. Plaintiff is the City of Huntincton Beach ("City"), a charter city and political subdivision of the State of California, and is authorized to acquire private property for public use in eminent domain proceedings. The City is authorized to acquire private property by eminent domain for the purpose of installing, constructing, and widening public streets, for installing traffic circulation utilities, and for related public purposes pursuant to authority granted by its City Charter and the City Code, and by Government Code §§ 37350.5 and 404C4(a). FS-�'.15910038.1-0005%2094800.1 05/04194 -i- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22i 23 24 25 26 27 28 2. In this action-, the City seeks to acquire by eminent II domain certain real property located within the city's municipal boundaries, which consists of a fee as more specifically described and defined in Exhibits "A" and "B" attached hereto and incorporated by this reference (the "Property"). The City seeks to acquire. the Property for completion of the Ellis Right of Way Project, P.W. #91-27, a project for widening and other improvement of Ellis Avenue in the City (the "Project"). 3. The names of all defendants, so far as the same are presently known to the City, are set forth in the full caption of this Complaint and are incorporated by reference as though fully set forth herein. The City will amend this Complaint to add additional names or to amend the caption hereof as the same may be ascertained. 4. The City is informed and believes and therefore alleges that defendant Esther Marow is the trustee of the Esther Marow Revocable Trust. Esther Marow is sued in her capacity as trustee herein. 5. The City is informed and believes and therefore alleges that defendants Milton_ H. Marow and Mignon Marow Toledo are husband and wife. 6. Negotiations were undertaken by agents of the City to acquire the Property but the negotiations were not successful, requiring this acquisition by eminent domain. 7. On September 8, 1993, the Planning Commission of the City of Huntington Beach adopted Resolution No. 1485 A stating its determination that the location, purpose and extent of the property acquisition sought herein is in conformity with the FS2�1591003821-0005',2094800.1 05104iQ4 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • • City's General Plan. 8. Prior to the commencement of this action, on January 18, 1994, and after no less than fifteen days written notice to the owner of the Property, as reflected on the last equalized assessment roll, the City Council of the City duly and regularly convened in the County of Orange, State of California, and regularly adopted, by a vote of at least two-thirds of all of the members of the City Council, Resolution No. 6564 authorizing and directing the acquisition of certain real property in the County of Orange, State of California, for the Project, and declaring the public interest and necessity therefor. A true and correct copy of Resolution No. 6564 is attached hereto as Exhibit "C" and is incorporated 'herein as though set forth here in full. 9. The City, in Resolution No. 6564, found and determined that, and hereby alleges that: (a) The public interest and necessity require the Project; (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; (c) The Property sought to be acquired is necessary for the Project; (d) The offer required by Government Code section 7267.2 has been made to the owner of record; and (e) The acquisition of the entire portion of the property was authorized by 1240.410(b), because acquisition of only those portions to be devoted to roadway uses would leave a remnant. FS2'159%003821-0005`=0Q4 800.1 05/04ro4 -3- 1 2 3 4 5 6 8 9 10 11 12' 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 2811 10. Each and every fact, matter and thing set forth in Resolution No. 6564 was and is true. ii. Location, general routing and termini of the Property, and full legal descriptions of the Property, are as shown on a map and legal description attached in Exhibits "A" and "B." Exhibit "D" is a map which accurately portrays the Property and shows its location in relation to the Project. 12. The Property the City seeks to condemn includes a fee interest in Assessor's Parcel Nos. 110-153-16 and 110-186-17 for street widening and public utilities, subject to any easements or other interests in the Property held or possessed by any person or entity not made a party to this action. 13. The City claims an interest in the Property consisting of all portions of the Property for which easements or other interests have been conveyed to the City for public use. All of the herein described Property lying within the boundaries of streets, highways, public dedications, or other public easements is subject to an easement or prescriptive right of the public for such purpose. 14. The names of all owners and claimants of the Property sought to be condemned herein, insofar as known to the City, are set forth in this paragraph. The City is informed and believes that each of the Defendants named has, or claims to have, some right, title or interest in or to the parcel of real property heretofore described. For the convenience of the court and the parties, and not as allegations to which the City intends to be bound, the City has set out opposite each named Defendant a statement of possible interest of the Defendant in the parcel: F r-',159`0038Z1-0005\2094800.1 05104194 -4- 1 PARCELS 110-153-16 and 110-186-17 2 Defendant Possible Interest 3 ESTHER MAROW, as Trustee for the Undivided Two -Thirds ESTHER MAROW REVOCABLE TRUST interest 4 MILTON MAROW, a married man Undivided 1116 interest 5 Mignon Marow Toledo, a married woman Undivided 1116 interest 6 15. Defendants, Does 1 through 100, inclusive, each has, 7 or claims to have, an interest in the Property described in 8 Exhibits "A," and "B" the exact nature of which interest is 9 unknown to the City. The true names and capacities, whether 10 individual, corporate, associate, or otherwise, of Defendants 11 Does 1 through 100, inclusive, are unknown to the City, who 12 therefore sues said Defendants by such fictitious names, and will 13 amend this Complaint to show their true names and capacities when 14 the same have been ascertained. 15 16. Pursuant to the provisions of section 1260.220(b) of 16 the Code of Civil Procedure, the City requests that the amount of 17 compensation be first determined between the City and all 18 Defendants claiming an interest in the Property. 19 WHEREFORE, Plaintiff prays for judgement that: 20 1. The Property be condemned to Plaintiff's- use for the 21 purposes set forth in Resolution No. 6564 of the City; 22 2. Just compensation for the taking and any incidental 23 damages be ascertained and assessed and the amount of the award 24 for the Property be determined between the City and all 25 Defendants claiming any interest in the Property. 26 3. A11 liens and encumbrances against the Property be 27 extinguished and the amounts owing deducted from the judgment; 28 4. That the City be granted prejudgment possession of the FS:',15910038'�1-0005k2094800.1 05/04/94 - 5 - a _t 2 3 A 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parcels described herein upon compliance with applicable law; and 5. For such other and further relief as the court may deem just and proper. Dated: May C 1994 RUTAN & TUCKER MICHAEL D. RUBIN DAVID B. COSGROVE DAVID B. CROSGROVE Attorneys for Plaintiff CITY OF HUNTINGTON BEACH FS.'.159100382I-0005t:094800.1 03/04i94 -6- SEC. 341 T 5 5.1 R. 11 w. O Q O 7 iio - 16 NOTE - ASSESSOR'S BLOCK & PARCEL. NUMBERS SHOWN IN CIRCLES _ o � � J 1 13- 9 - J :J PAGE I OF 2 " ioo ASSESSORS MAP BOOK [59 PAGE 39 COUNTY OF ORAL`;Gi• - r (9) 6/17/96 - Council/Agency Agenda - Page 9 E-14. (City Council/Redevelopment Agency) City Council Leqislative Committee Recommendations On Pending Legislation (640.15) - Support 3 AB 2379 (Margett) requires State to each year fully fund all mandates on local agencies by the Legislature or executive branch. Oppose AB 2640 - (Pringle) - Repeals the "tax on tax" portion of sales tax on gasoline and diesel. Support AB 2797 - (Aguiar) - Limits the Education Revenue Augmentation Fund (ERAF) amount that the State can transfer from local agency property taxes into this account. Support AB 1934 - (Sweeney) - Provides for the State to return local governments' property taxes. Support AB 3125 - (Hawkins) - allows cities to include in their "fair housing" needs, assisted housing, rehabilitated housing and city acquired housing for the purposes of conversion from nonaffordable to affordable. Support AB 3229 - (Brulte) - Provides for a check off box on State tax return forms allowing citizens to identify up to 1% of their tax liability to go to local law enforcement. Support SCA36 - (O'Connell) - Allows a local agency to impose a special sales tax for the exclusive use for transportation, public safety and education projects by a majority vote of the electorate. Support SB 1393 - (Thompson) - Increases the percentage of money returned to cities by the State as the result of traffic fine collections. Support SB 2105 - (Hayden) - Clarifies the authority of cities to regulate towing services which operate within city jurisdiction. Prepared by the Administration Department. [Approved 6-1 (Garofalo -- NO) With Exception of Removal of State of California 36 from consideration] E-15. (City Council) Proposed Settlement & Exchange Agreement - Between City & Marow/Toledo - Acquisition Of Encyclopedia Lots For Central Park (600.10) Communication from the City Attorney informing Council that as part of the settlement of the City v. Marow eminent domain case, the City has agreed to trade some parcels with Mr. Marow, and sell some parcels to Mr. Ryan. A resolution in required to approve the sale and exchange. Recommended Action: 1. Adopt Resolution No. 96-54 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SALE AND EXCHANGE OF CERTAIN REAL PROPERTY PURSUANT TO HUNTINGTON BEACH MUNICIPAL CODE SECTION 3.06.010." (Approving the sale and exchange of property.) [Adopted 7-0] (9) PROPERTY AMESR. MOOR F PAUL REOE RIC RICH ARD A. CURNUTT NELSON LANF LEONARD A MPEL WILLIAM J. CAPLAN JOHN B. HUR LBUT. JR. MICHAEL T. HORNAK LFORD W. DAHL, JR. JOEL D. KUPERBERG TH EODOR E I. WAL LACE, JR.- STEVEN A NICHOLS RICK ARRINGTON THOMAS G. BROCKINGTON R ICH ARD P. 51M5 ILLIAM W. ROBERT C. BRAUN EVRI C_ IVI-I DALLAS EDWARD D. SYBES MA, JR.- RANDALL M. BABBUSH THOMAS 5. SALINGER' MARY M. GREEN DAVID C. LARSEN' THOMAS J. CRANE CLIFFORD E. FRIEDEN MARK B. ' "ER MICHAEL D. RUBIN KATHERINE JEN- IRA G. RIVIN' DUKE F. AHLQU15T JEFFREY M. ODERMAN' RICHARD G. MONTEVIDEO JOSE PH D. CARRUTH LORI 5ARNER SMITH STAN WOLCOTT' NEST W. KLATTE III ROBE RT S. BOWER ELIZABETN NAN NA DAVID J. ALESHIRE KIM D. THOM PSON 'RUTAN (& TUCKER, LLP ATTORNEYS AT LAW A PARTNERSH IP I NCLUDING PROFESSIONAL CORPORATIONS 611 ANTON BOULEVARD. SUITE 1400 Mr. Paul Larkin, Real Estate Agent Administrative Services Department 2000 Main Street Huntington Beach, CA 92648 COSTA MESA, CALIFORNIA 92626-1996 DIRECT ALL MAIL TO: P. O. BOX 1950 COSTA MESA, CALIFORNIA 92626-1950 TELEPHONE (714) 641-5100 (213) 625-7586 TELECOPIER (714) 546-9035 RUTAN (1880-1972) MES B. TUCKER, SR. IIBBB-19501 JMILFORD W. DAHL, SR. 11919-19BB1 H. RODGER HOWELL (1925-1983) July 1, 1996 Re: City of Huntington Beach v. Marow Dear Paul: J L 0 'i:: 19 Of 6 'IANAGEMENTi DAVID B. COSGROVE 1ARDEN AN5 VAN LIGTEN A RAILE.ANU STEPH EN A LIS DOUGLAS B. VANDERPOOL THEW K. ROSS JOSEPH L. MAGA III FFREY WERTHEIMER KRAIG C. KILGER ROBEFIT O. OWEN SCOTT R. 5ANTAGATA ADAM NY VOLKERT ANWARD LI A. GOLDFARB SANDRA J. YOUNG F. KEVEN BRAZIL N C. 05TERGAR III M ELZER L. BOND L,GKE H RISON JENNIFER w ITE-SPERLING MCHAEL K. SLATTERY ROBERT E.A. DAVID DUNN STEEL LORIL HEIMERL H ID HOCHNER STEVEN M. COLEMAN ELISE K TRAY NUM STEVEN J. GOON N SLATER DOUGLAS J. DENNINGTON JAMES S. WEISZ TODD O. LITFIN CAROL L. DEM ML ER STEVEN M LDOWNEY PATRICK D -CALLA ANTHONY J. MCCUSKER RICHARD K HOWELL JEFFREY R. BROWN PATRICK M NOZ SUE LEE CO LLI NS ELLEN S. BANCROFT KARA S. CARLSON PAUL J. SI EVERS A PROFESSIONAL CORPORATION GARVIN F. SHALLENBERGER DAVID J. GARIBALDI. III OF COUNSEL Enclosed please find three original settlement agreements which have been duly executed by the Marows and their attorney. Please have the agreements signed by the appropriate City personnel and proceed with opening the escrow to facilitate the property exchange contemplated under the agreement. If you have any questions, please do not hesitate to contact me. DBC/tr Enclosures p NL o� o -r,l-L Very truly yours, RUTAN & TUCKER, LLP David B. Cosgrove M� �s Andes t • 3F- T •5S•11 Nf • • ► R.T u'c V Ip YI�c OaF.aAREO FOR OF'. (,l,j fY ASSESSOR DEPT PURPOS. ONLY THE ASSESSOR MAKES NO GUARANTEE AS TO 1101`I15CUAACY NOR ASSUNkES ANY LIABILITY FC' •?T'H;R USES NOT TO tE REPRODUCED . IQ W ALL ''�!:NT� RESERVED i Q ZCOrYHIGHT ORANGE COUNTY ASSESSOR 1995 ♦ I' 2 Q J U) O W ti cc j Q 3r 159 _ 3 9 t OF 2 '= I.0 0 ' PARCEL NUMBERS BCGC 159 PAGE 39 SHOWN IN CIRCLES ; UN r Y 1101c, OPANOE �J N n 0 O O 1 C ! GOLDEN NEST -- STREET I11-07-- n