HomeMy WebLinkAboutMOLA DEVELOPMENT CORPORATION - 1982-12-20 AGR,-EMENT FOR SALE OR EXCHANGE OF REAL PROPERTY
This agreement, made an('; entered into at Huntington
Teach, California, on the _,t4 day of 1982, by and
between THE CITY OF HUNTINGTON BEACH, a municipal corporation of
the State of California, P.O. Box 190, Huntington Beach,
California, 92648, hereinafter called "CITY" and MOEA DEVELOPMENT
CORPORATION, a California corporation, 808 Adams Avenue,
Huntington Beach, California, 92648, hereinafter called "MOLA,"
is as follows:
WHEREAS, the CITY desires to sell or exchange the real
property hereinafter called "SAID PROPERTY," in the City of
Uuntington Beach, Orange County, California, described us stated
L
5 `�n Exhibit "A," and
WHEREAS, 140LA presently owns the real property
contiguous to and northerly of saia property and this sale or
exchange shall allow consolidation of these parcels to the mutual
benefit ,�f the parties, and on the fol.lowing terms and
conditions:
1, PURCHASE PRICE
A. The purchase price for said property wiII be
determined in the following nann:.r:
The parties may agree upon one appraiser from a list of �
appra-.sers which shall he furnished by tny,, CITY, but in the event
they cannot agree, there -hall be three chosen from thin list,
1
one named in writing by each of the parties within 5 days of the
signing of this agreement, and a third chosen by the two
appointed. The appraisal prepared pursuant to this agreement
shall determine the purchase pricA.
Regardless of the value per the appraisal, the CITY'
shall receive no less than $30,000 nor more than $221,000.
If the appraisal exceeds the maximum as stated above
the parties shall be excused f; om parformance of this agreement
and the parties shall perform all acts necessary to return each
party to the status that existed prior to this agreement.
B. Payment and close of escrow shall be within
12.0 days fiom the determination of the purchase price or at any
other time agreeable to the parties.
2. RESTRICTION ON PROPERTY
The property shall be conveyed by CITY to MOLA under
the following conditions:
A. Parcels A, B, and C, as shown on tie attached
map, Exhibit "B" , are to be conveyed to 11OLA subject to existing
encumbrances of record.
S. MO ^Krees that the CC&R's which shall be
filed with the CITY for Tract 11474 shall contain the following
provisions
(1, That Parcels A and B, as shown on Exhibit "B"
,4
)ilhereto shah have no fence over forty-two (42) inches in height-
constructed closer than twenty-five (25) feet from either
A goncrali.n or warner Streets and, further, any fence erecte
f
over forty-two (42) inches must be set back from the
aforementioned streets fifty (50) feet.
(2) That on Parcels A, B and C, as shown on
Exhibit "B" attached hereto, no buildings shall be placed or
constructed on these parcels and these parcels shall be
landscaped.
(3) That Parcels A and B, as shown on Exhibit "E"
attached hereto, shall be maintained as laxdscape area at the
owners' , his heirs' , successors' , administrators' or assigns'
expense.
3. ESCROW
A. Opening Escrow
An escrow shall be opened, to consumate the .sale
of the property within ten (10) days of the execution of this
agreement, at Orange Coast Title Company of Santa Ana.
B. Conditions of Escrow
The close of such escrow and MOLA'S obligation to
purchase said property pursuant to this Contract are conditioned
on:
(1) The conveyance to M0T,A or his nominee of good and
marketable title to said property, is evidenced by a standard.
form CLTA title insurance policy in the full amount of the
purchase price subject only to such liens, encumbrances, clt_Js
or conditions as may be approved in writing by MOLA, or contained'
in this Agreement.
u
(2) Delivery of possession. of said property to MULA or
his nominee, immediately on close of escrow tree and clear of all
uses and occupancies except as MOLA may waive in writing.
C. Expense of Escrow
All expense of the escrow shall be paid by CITY
and MOLA in equal proportions except that CITY agrees to pay for
a CTLA title policy.
4. ENTRY ON PROPERTY
MOLA, his agents, employees, servants, or
nominees, are hereby granted -the right to immediately enter upon
the property f ;r the purpose of engineering, geological, or
surveying work as may be required for the [.reparation by them of
plans and maps for the development of sa-Ld property for
residential and other uses: and may perform grading and land
preparation upon approval of the Director of Public Work and the
Director of Development ",P. .-vices of the CITY.
5. INDEt NIFI ' MOM
Neither CITY nor any of its officers, agents or
employees shall assume any liability by reason of anything done
ur omitted to he .done by MOLA or by MOLA`: officers, agents and
employees under or in connection with any work performed pu.L'suanL
to the Entry Provision of this agreement. MOLL, shall fully
indemnify, defend and hold harmless CITY, its officers, agents
and employees from any and all liability, losses and costs
f
imposed for injury occurring by reason of anything done or
omitted to be dons by MOLA, and ?-1OLA agrees to enter and defond'
any suit or action brought or arising out of the Entzy Provision
of this agreement against CITY, its officers, agents or
employees.
6. ATTORNEY'S FEE
In the event suit is brought by CITY to enforce the
terns and provisions of this agreement or in any bond giver
secure the performance ner_eof, a reasonable attorne:y's fee, to be
fixed by the court, shall be paid by MOLA.
7. NOTICES
Any and all notices or other communications
required or permitted by this Contract or by law to be served on
or given to either party hereto, CTT"Y or MOLA, by the other party
hereto or by the escrow molder shall be in writing and shall be
deemed duly served and given when personally delivered to any of
the parties, CITY OR MOLA, to whom it is directed, or in lieu of
such personal service when deposited in the United States snail,
first--class postage prepaid, addressed to e)OLA at 808 Adams
Avenue, Huntington Beach, CA 92648, or to CITY at P.O. Sox 190,
Huntington Beach, CA. 92648. Either party, MOLA or CITY, may
change his address fu_ the purposes of this section by diving
written notice of such change to the other party in the manner
e
provided in this section.
S. ENTIRE AGREEMENT
This instrument contains thy: entire agreement
between MOLA AND CITY respecting said property, and any agreement
or representation respecting said property or the duties of
either MOLA OR CITY in relation *hereto not expressly set forth
in this instrument is null and void.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized officers
the day, month and year first above written.
MOLA D ELO P•NT, CORP. CITY OF t?bNTINGTON BEA.CK;
a municipal corporation
MayorBy
Cc I. t "
APPROVED AS TO FORM: 11iiES`1':
�f����;^�i•v h,LSC1R Ist.l��xitZ�fd7Rz;�.^._-..— --
City Attorney Ci5y Clcrk
P
REVIEWF AND APPROVED: INITIATED AND APPROVED:
ty Administrator f rector of Development Services
EXHIBIT"A"
PARCEL "A"
That oortion of the northeast one quarter of fractional Section 29,Township 5 South,
Range 11 West, in the Rancho La Bolsa Chica, in the City of Huntington Beach, County of
Orange, Statr- of California, as per map recorded in Book 51, page 13, of Miscellaneous
Maps, Official Records of Crange County, California, also being a portion of Lot i in
Block 17 of Tract. Number 86, as shown on a map recorded in Book 10, Pages 35 am 36 of
Miscellaneous Maps, Official Records of Orange County, Califomia, described as follows:
Beginning at the northwest corner of the northeast one quarter of said fractionµ.
Section 29, thence along the centerline of Old Warner Aver-vie shown as Wintersburg
Avenue on said mentioned Tract Number 86, north 890 40' 12", east 71.82 feet, to a
point on a curve concave northeasterly having a radius of 300.20 feet, said curve being tha
east line of Algonquin Street; a.radial line to said point bears south 620 42' 51"West;
`.hence southeasterly along said curve through a central angle of 60 38' 01", an arc
distance of 34,36 feet, to apoint on the north line of said Lot 1, said point being the True
Point of Beginning; thence continuing along said curve through a central angle of 120
14' 32", an arc distance of 64.14 feet; thence south 460 09' 42"East 33.50 feet to a
curve concave northeasterly having a radius of 30.00 feet; tt-enre southeasterly along said
a curve through a central angle of 70 03' 55" an arc distance of 3.70 feet to a non-tangent
line; thence along said non-tangent line north 890 40' 1,2" East 13.55 feet; thence north
00 40' 09" West 75.00 feet to the north line of said Lot 1; thence along said north line
South 890 40' 12" West 80.85 feet to the True Point of Beginning.
PARCEL "B"
That portion of the northeast one quarter of fractional Section 29, Township 5 South,
Range 11 Test, in the Rancho Le Bo'ssa.Chica, in the City of Huntington Beach,County of
Orange, State of Cali fornia, as per map recorded in Book 5-1, Rage 13, of Miscellaneous
Maps, Official Records of Orange County, California, also being ;a portion of Lot 1 in
Blocka7 of Tract Number 86, as shown on a map recorded in Book 10,Pages 35 and 36 of
Miscaollaneous Maps, Official Records of Orange County, California, described as follows:
Beginning at the northwest comer of the northeast one quarter of said fractional
Section 29; thence along the centerline of Old Warner Avenue, shown as Wintersburg
Avenue on said mentioned Tract Number 66 north 890 40' 12" East,4C11.86 feet;thence
south 00 38' 49" Last 14.05 feet to a point on a curve concave southeasterly having a
radius of 690.00 feet, said curve also being the north line of Warner Avenue as described
in an Easement Deed to the City of Huntington Beach, recorded In Bonk 8,769, Pages 243
to 246 inclusive, Official Records of Orange County,Oallfamiri, a radial line too said point
hears north 270 06' 58" West; thence southwesterly along same --urve through a central
angle of 20 48' 16" an arc distark:e of 33.77 feet to the True Point of Beginning,said
point being on the north line of Lot.I of s&16 Tract Number 86; thence along said north
line South 890 40' 12" West, 130.17 feet; thence south 00 40' 09"Cast 75.00 feet,
thence south 890 40' 12" West 13.55 feet, to a nnn-tangent curve concave northeriy,
havina a radius of 30.60 feet;thence al.nng Bald curve southeasterly, easterly and
northeasteriy through a central angle of 770 25' 3411, an arc distance of 40.54 feet to a
3349G/7658 i Xi3IBIT "A10
EXHIBIT "A" AVA
Legal Description/P.M. 1135-14 -2- December 20, 1982
compound curve concave southeasterly having a radius Lf 690.00 feet, said curve being
said mentioned north line of Warner Avenue; a radial line to said point bears north 400
39' 11" West; thence along said curve through a central angle of 130 32, 13" an arc
distance of 163.02 feet to the True Point of Beginning.
PARCE "C"
That portion of the northeast one quarter of fractional Section29, Township5 South,
Range 11 West, in the Rancho La Bolsa Chica, in the City of Huntington Beach, County of
Orange, Stare of California, as per map recorded in Book 51, Page 13, of lvliscellaneous
Maps, Official Records of Orange County, California, also being a portion of'Wintersburg
Avenue, as shown on a map of Tract Number 86,recorded in Book 10, pages 35 and 36 of
Miscellaneous Msps, Official Records of Orange County, California, as described as
follow3:
Beginning at the northwest corner of the northeast one quarter of said fractional
Section 29; thence along the centerline of Old Warner Avenue shown as Wintersburg
Avenue on said mentioned Tract Number 86, north 890 40' 12" East,71.82 feet to the
True Point of Beginning; said point being on the east line of Algonquin Street; thence
colitinuing along said centerline north 890 40' 12" East 260.62 feet; thence south 00
38' 49" East 14.05 feet to a point on a curve concave southeasterly having a radius of
690.00 feet, said curve being the north line of Warner Avenue as described in an.Easement
Deed to the City of Huntington Beach recorded in Book 8629, Pages 243 to 246 inclusive,
Official Records of Orange County, California, a radial line to said paint bears north
270 06' 58" West; thence southwesterly along said curve through a central angle of 20
48' 16" an arc distance of 33.77 feet to a point on the north line of Lot 1 of said Tract
Number 86; thence along said north line south 890 40' 12" West 211.02 feet to the east
line of Algonquin Street, said east fine being a curve concave northeasterly having a
radius of 300.20 feet, a radial line to said point bears south 560 04' 50" West; thence
northwesterly along said curve through a central angle of 60 38' 01" an arc distance of
34.76 feet to the True Point of Beginning.
EX's1ZBZT "A"
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. pCITY OF HUNTINGTON BEACH
2000 MAIN STREET -ALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 21, 1982
Mola Development Corp.
808 Adams Avenue
Huntington Beach, CA. 92648
The City Council of the City of Huntington Beach at its regular
meeting held December 20, 1982 approved the Subdivision Agreement
and an Agreement for the Sale or Exchange of Real Property for Tract
11474.
We are enclosing herewith executed copies of said agreements for your
files.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosures
CC: Judy John, Finance
Jim palin, Development Services
WM
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
M.NIING70K afar+
n try
To Charles W. Thompson James W. Pal.in, Director
City Administrator p Development Services
Subject AGPEEMENT BETWEEN THE CITY 'Date � `i4� �'�tIX C'1.V97r;0ut1Gt ,�
AND MOLA DEVELOPMENT ON
REMNANT PROPERTY AT WARNER . ... .........„�
AND ALGONQUIN - AGENDA ITEM I-
�51• !
Following is some supplemental information ed
to the City Council for purposes of ar. update and to accompany the RCA
on agenda item I-5, dealing wit':. the sale and/or exchange of a remnant
piece of property at the intersection of garner Avenue and Algonquin.
As you know, during the agenda review session Mr. Cook indicated that it
would he approximately six weeks before an appraisal could be made on the
subject property to finalize an agreement that would contain a dollar
amount as previously requested by Mr. Mola's attorney, Peter Von Elton.
During a meeting held on Tuesday, November 30, it was determined that a
new approach would be drafted into an agreement which would fix lower and
upper limits as well as establish some other parameters,. This draft would
be prepared and submitted to the. Council for action on December S. However,
as it will take the rest of this week to properly structure th:l.s agreement
and obtain the necessary signatures on same, the completed .agreement cannot
be submitted along with the regular Council packet. We are attempting at
this time to have the completed agreement to the Council for its review
prior to the meeting on the &th.
It should be noted that the agreement will have to be acted on prior to
the Council 's accepting the revised Final Tract Map 11474. Therefore, I am
recommending that, as the RCA and the agreement will be departmental items,
the City Council pull Item. G-11 off the consent calendar for an action
following its review of the proposed agreement. If the agreement is
approved, an action can then be taken to accept Final Map 11474.
As an additional note, it will be necessary for the City Council to
authorize the mayor to sign the maps as a. portion of the area will be in-
corporated into the blue border of the map prior to finalizing and trans-
ferring a deed on the subject property.
JWP:df
. a/
>r t FOR CITY COS C A
Date November 23, 1982
Submitted to: Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administrator
l
Prepared by: James W. Palin, Director of Development Services ��Ls
Subject: AGREEMENT BETWEEN MOLA DEVELOPMENT CORPORATION AND
THE CITY OF HUNTINGTON BEACH ON EXCHANGE OF PROPERTY
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments,
STATEMENT OF ISSUE:
Transmitted herewith is an agreement for and between the City of
Huntington Beach and Mola Development Corporation for the exchange of
properties of equal value to allow a revised. Final Map No. 11434 to
be accepted for recordation. This revised map would facilitate the
construction of a 48-unit planned residential development at Algonquin
and Warner Avenue.
RECOMMENDATION:
1'he staff recommends that the C ty Council enter into the attached
agreement between the City and Mola Development Corporation for the
exchange of properties of equal value.
f,NALYS IS:
Originally when Tentative Tract No. 11.474 was acted on by the Planning
Commission in September of 1981, two alternative development plans were
submitted for review and approval action. One alt;ernati'ze was for a
40-un.'t planned residential development on approximately 1.8 acres of
land north of the right-of-way of Old Warner Avenue, The second
approved alternative was for a 48-4nit planned residential development
which incorporated the old right-of-way of Warner Avenue as well as a:
now-existing landscaped node at the intersection of Algonquin and Warner.
This second alternative consisted of approximately 2.2 acres of land.
On October 25, 1982, the developer had Final Tract Map 11474 can the
City Council agenda for acceptance to allow him to proceed with the 40-
unit development. He chose this alternative as he had been informed
by the City tnat the remnant piece of landscaped property contained a.
reversionary provision back to the County of Orange if used for any
purpose other than roads or landscaping. Howtwer, additional research
revealed that, in fact, approximately half of this remnant piece of
property had been purchased in fee by the City of Huntington Beach to
allow for the construction of Algonquin along its present. alignment.
Pt0 4/89
FT 11474 - Reprised Mapa&na Agreement
November 23, 1982
Page 2
Based on this new information, Development Services immediately con-
tacted Mola Development to inquire if they would consider amending
their map to incorporate that city-owned piece of properly into the
subdivision and reconsider their 48-unit development, subject to a
property exchange and "fast tracking" on the revised plans for the
project. We received a favorable reaction from Viola Development and.
immediately set up a meeting among the City staff, the project engin-
eer, and the architects to facilitate the revisions to the project.
There are many benefits to the City in working with Mola to incorporate
this remnant piece of property into the subdivision. Some of these
benefits are: 1) It will allow 8 additional units to be constructed;
2) it will place the r_ _,crty back on the tax rolls; 3) it will assure
that the property will not later be allowed to develop as a small
housing development: 4) it will retain a landscaped node at the entry
to Huntington Harbour; 5) it will provide a large setback from Warner
Avenue to the housing units; and 6) it will provide the City with a
property of an equal value or an equity interest in a project at
another location within the community.
The agreement is being proposed to expedite the inclusion of the prop-
erty into the subdivision, as Mr. Mola has indicated that his loan
documents have been recorded and there would be a need for a "fast
track" processing on all the necessary revised plans. He indicated that
there are other principals involved and also that he was coming on the
market at an extremely low margin; therefore, any delay would jeopardize
the project and he could not agree to the purchase of this City property
or its inclusion into the revised map without assurance that the process
can be expeditiously handled. The agreement is envisioned to transfer
the landscaping restriction over to Mola Development and subsequently
tc the homeowners of the project and also retain that portion on which
the City currently holds fee interest in as a landscaped area without
future buildings. This would assure retention of this major landscaped,
entry into Huntington harbour.
All prior conditions imposed by the Planning Commission on this project
alternative required that access be provided to ,property to the east
through some reconstruction within Warner Avenue by Mola Development;
therefore, there need not be any additional conditions and,/or .provisions
placed upon the exchange of property with Mola Development Corporation.
ALTERNATIVE ACTION:
The City Council. may choose not to accept the agreement, which would
leave the approved alternative on Final Tract Map 11474 for the 40-
unit project to remain in effect.
ATTACHED INFORMATION
1. Agreement
2. Site Layout
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