HomeMy WebLinkAboutMS VICKERS - 2000-09-05Hughes, Jeffrey
From: Broeren, Mary Beth
Sent: Wednesday, November 01, 2000 11:19 AM
To: Hughes, Jeffrey
Subject: Copy of Recorded Doc.
A consent to sale was approved by the City Council on 915100.
The City Clerk's office sent it to the County to be recorded on 9/22/00.
One of the signatories called me today to ask if we could send them a copy of the recorded document.
I told them that if we have it back we will send it, otherwise we would send a conformed copy.
The person requesting the copy is:
Mike Schlesinger
Morgan Stanley Real Estate Fund
1999 Avenue of the Stars
Los Angeles, CA 90067
FYI Morgan Stanley is related to MS Vickers which is one of the signature blocks.
Thank you.
j
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
Recorded in Official Records, County of Orange
Gary Granville, Clerk -Recorder
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2000051087311:46am 09127100
106 3 C15 15
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CERTIFICATE OFF CONSENT TO THE SALE OF PROPERTY AND THE
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND
BETWEEN THE CITY OF HUNTINGTON BEACH, MS VICKERS II, L.L.C.,
AND JOHN A. THOMAS AND LINDA L. THOMAS
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the rights, duties and obligations arising under the Agreement to PLC and MS
Vickers 11. L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers II,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter referred
to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers II. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to John A. Thomas and Linda L. Thomas (hereinafter collectively
referred to as the "Buyer," and to assign certain of the Developer's rights, duties and obligations
under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole or in
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will not be required if such
assignment is made to an affiliate of Developer. Any purchasefsx Exempt G �.erir-�ent Agency
This docdment is solely for the CITY OF H id O1V BEACH
4& 98Agree:vUrrs official business of the City
RLS 98507/09/29i98 of Huntington Beach, as contem-
platad under Government Oode By: ....--
---•• -• .... ........................
6103 and should be recorded ut it Clerk
free of charge.
assignee or transferee shall have all of the rights, duties and
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers II, L.L.C. to the
Buyer, and the Buyer wishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from. MS Vickers II, L.L.C. to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph 6 below.
2
4/k: 98Agree:vickers
RL5 98507109/29/98
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,
not explicitly defined within Exhibit B shall continue to be the responsibility of the
Developer; and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-
1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council'Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
d. The Developer shall file with the City a performance bond in the amount of
Eleven Million Two Hundred Forty Thousand Dollars ($11,240,000) for the design and
construction of a nine million gallon water reservoir, booster pump station, well and related
facilities to be located at Overlook Drive and Edwards Street in the City of Huntington Beach.
The form of the performance bond shall be subject to the approval of the City Attorney. The
Developer and the Buyer are prohibited from closing the sale of the Property prior to the posting
of said bond.
IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above written.
MS VICKER —4 L.C. CITY OF HUNTINGTON BEACH, a
liability company
SIMON
name VICHRESIDEff
(circle one) ChairmanTresidenuVice President
AND
By:
� zu��
n n
print name
ITS: (crrcle one) Secreta /Chief Financial Officer sst.
Secretary - Treasurer
41k: %Agree:vickers
RLS 98507/09129/98
California municipal corporation
G
Mayor
ATTEST:
City Clerk 9- t sk—vd i-
APPROVED AS TO FORM:
A'--ZZL2�—
City Attorney
4�-i94y i 1 z9 j4s
CALIFORNIA ALL-PURPORACKNOWLEDGMENT •
State of A&wit
County of
On y- B 4 before me, _ /, �i�C m 0 &Ad oy l"di"e— ,
Dame Name and Til9�=6699lw
t ubl:c'}
personally appeared—D(�!/C �G .t xW
Names) of Signer(s)
-personally known to me
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
tCHRMNE CMM person(s), or the entity upon behalf of which the person(s)
C yrrh"0125M1.
acted, executed the instrument.
Nof�Oq/ P1�C = C1�e�p
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l WITNESS my hand and official seal.
9WOMM5gdaianiaZ04
Signature of Nublic 9 l9-� O ov
OPTIONAL ota
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer
Title(s):
Partner — r Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
..
Signer's Name:
❑ Individual
Corporate Officer
Title(s):
❑ Partner — - limited - General
❑ Attorney -in -Fact
❑ Trustee
- Guardian or Conservator
- Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
01996 National Notary Association - 8236 Rommel Ave.. P.D. Box 7184 - Canoga Park. CA 91309.7184 Prod. No. 5907 Reorder: Cell Toll -Free 1-Boo-876-6827
CALIFORNIA ALL-PURPOSACKNOWLEDGMENT
State of
County of
On U[��?1�C�' �� 11�"I� before me, Lk9 tAQY\tL�MyvYJ�3C ,
Dare Na e aadrTfle of OV i r (e,.g,, "IJane Doe, Not ry Pubic')
personally appeared 5S MCCA('-
Name(s) of Signer, •
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whose name(s) ia�subscribed to the within instrument
and acknowledged to me that h�executed the
same in�i Z authorized capacity ies), and that by
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Corr,r^,;=_s.or. 0 1152653 Z or the entity upon behalf of which the person(s) acted,
z .ram Notary Puof11c - Coi+fomia executed the instrument.
Los Angeles County
W Ca^m.Ex:JresAug23.2001
WITNESS my hand o ial eal.
NOW -Signature of N tary jblic
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Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
7
Individual
Corporate Officer
Title(s):
Partner — : Limited General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
Lj
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited C General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 11)95 National Notary A5sotiation • 8238 Remmet Ave., P.O. Box 71a4 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder. Call Tol-Free 1-80"76.6827
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•
4& 98Agreewickers
RLS 98507109/29/98
REVIEWED AND APPROVED:
City ministrator
INITIA D AND APPROVED:
;�Vwf, /,",
Dirldor Of CommAity DevKlopm t
WORNIA ALL-PURPOR ACKNOWLEDGMENT 0
State of
County of _ 2V 4I
On I� t 1 Dl T ! before me,
dale
personally appeared
��nc T!le of Off car le g , *Jane Doe. Notary PLb'ic !
Names; of Siynerrs%
v 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),
WMI.Man or the entity upon behalf of which the person(s) acted,
CQMPA.11042447 executed the instrument.
N°0
WITNESS my hand and o icial seal.
r
Signa r of Notary Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
__j Individual
- Corporate Officer
Title(s):
Partner —'_ Limited I General
—_ Attorney -in -Fact
D Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
= Individual
-,. Corporate Officer
,_ Title(s):
Partner Limited r General
r__1 Attorney -in -Fact
,j Trustee
Guardian or Conservator
Other.,
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
of numn her
C 1995 Nat onal Notary Asscciat on - 8236 Remmel Ave., P.O. Box 7184 - Caroga Park. CA 91309-71134 Prod. No. 5907 Reorder: Carl Toll -Free 1.800.876.6827
EXHIBIT "A-1"
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State of
California, described as follows:
LOTS 15, 16, 24 AND 25 IN BLOCK D OF GARFIELD STREET ADDITION TO
HUNTINGTON BEACH, AS PER MAP RECORDED IN BOOK 7, PAGES 27 AND 28
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers I I 1-130-16 AND 11 I-130-23
AND:
LOT 13, 14, 15, 16 and 17 IN BLOCK C OF GARFIELD STREET ADDITION TO
HUNTINGTON BEACH, AS PER MAP RECORDED IN BOOK 7, PAGES 27 AND 28
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers I I 1-140-28, 111-140-29, 111-140-30, 111-140-31 &
111-140-32 & 111-140-33
Ian
LOTS 1 THROUGH 6 INCLUSIVE AND 8 THROUGH 11 INCLUSIVE N BLOCK A
OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, AS PER MAP
RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 159-281-01, 159-281-02 & 159-281-05
THIS MAP WAS PREPARED FOR ORANGE COUNW
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EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS 1Q, LLC (SELLER) AND
JOHN A. AND LINDA L. THOMAS (BUYER)
FOR APIN's 111-130-1b, 111-130-23, 111-140-28, 111-140-29, 111-140-30,
111-140-31, 111-140-32, 111-140-33, 159-281-01, 159-281-02 & 159-281-05
(PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Se_ction_2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Wav and Private Streetscane Improvements.
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers 11, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic and Circulation Improvements_
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5: Water, Sewer, Drainage and Utility Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead
utilities on the Property at the time of development.
2.2.5 (f): PLC has assumed the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
2.2.5: Fire and Emergency, Medical.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7• Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls.
Not applicable to this property.
2.2.10• Fees:
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property.
Council/Agency Meeting Held: " 15— d0
Deferred/Continued to:
Approved ❑ Condi - nally Approved ❑ Denied
e 0 ' o
W4 I k's Signature
Council Meeting Date: September 5, 2000
Department ID Number: PL 00-53
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator aA-0 -
PREPARED BY: HOWARD ZELEFSKY, Planning Director -
SUBJECT: Approve Consent For Pending Sale of a 4.6 acre property on -east_
side of Stewart, south of Garfield (APNs 111-140-28-33), a 1.7-acne
property at southwest corner of Main and Garfield (APNs 159-281-
01-02, 05) and a 4.0 acre property south of Garfield between
Goldenwest and Stewart (APNs 111-130-16, 23) in the Holly Seacliff
Development Agreement Area
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by MS Vickers 11, LLC for the City_ Council to
provide consent to the pending sale of three properties to John A. and Linda L. Thomas. The
properties are subject to the Holly Seacliff Development Agreement. Section 4.2 of the Holly
Seacliff Development Agreement requires the City to provide consent to the sale of the properties
covered by the Development Agreement if the sale is to a party not affiliated with the Developer
and if all public improvements have not been completed. Staff has performed due diligence
regarding the pending sale of these properties and recommends that the City Council provide
consent to the sale to John A. and Linda L. Thomas.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by
MS Vickers 11, LLC for the City Council to provide consent for the pending sale of a 4.6 acre
property (APNs 111-140-28-33), a 1.7 acre property (APNs 159-281-01-02, 05) and a 4.0 acre
property (APNs 111-130-16, 23) to John A. and Linda L. Thomas; and
2. Approve and authorize the Mayor and City Clerk to execute the Certificate of Consent to the
Sale of Property and the Assumption of Rights, Duties and Obligations, and authorize the City
Clerk to record said document with the Orange County Recorder."
AUEST FOR COUNCIL ACT
MEETING DATE: September 5, 2000
Alternative Action:
DEPARTMENT ID NUMBER: PL 00-53
The City Council may make the following alternative motion:
"Continue the request for consent for the pending sale of a 4.6 acre property (APNs
111-140-28-33), a 1.7 acre property (APNs 159-281-01-02, 05) and a 4.0 acre
property (APNs 111-130-16, 23) and direct staff accordingly."
Analysis:
A. PROJECT PROPOSAL:
Applicant: MS Vickers II, LLC
Location: 1) Approximately 4.6 acres located on the east side of Stewart St.
south of Garfield Ave.;
2) Approximately 1.7 acres located at the southwest corner of Main St.
and Garfield Ave.; and
3) Approximately 4.0 acres located south of Garfield between Stewart
and Goldenwest Sts.
MS Vickers 11, LLC has entered into a purchase and sale agreement with John A. and Linda
L. Thomas for the sale of the above listed properties (Attachment No. 2).
B. BACKGROUND:
On November 5, 1990, the City Council adopted the Holly Seacliff Development Agreement
(DA) for the properties owned by Pacific Coast Homes and other Chevron Land and
Development Company subsidiaries in the Holly Seacliff area. The DA requires the
Developer to provide numerous public improvements. To date, the Developer is in
compliance with the terms of the DA as determined by the annual compliance reports
reviewed by the Planning Commission and the City Council. The most recent report, for
1999, was approved by the Planning Commission on February 8, 2000 and the City Council
on April 17, 2000.
On May 6, 1996 the City Council approved the consent for the pending sale of approximately
65 acres of property governed by the DA to MS Vickers II, LLC. The subject parcels were
included in the 65 acre total.
PL00-53 -2- 8111100 11:00 AM
F&UEST FOR COUNCIL ACT
MEETING DATE: September 5, 2000 DEPARTMENT ID NUMBER: PL 00-53
C. STAFF ANALYSIS AND RECOMMENDATION:
The subject properties are currently vacant. The 4.6 and 4.0 acre properties are zoned for
light industrial development; the 1.7 acre property is zoned for neighborhood commercial
uses. Entitlements for an industrial complex on the 4.0 acre property have been approved.
There are no developments proposed for the other two sites at this time.
The letter from the applicant indicates that the majority of the DA obligations were assumed
by PLC, not MS Vickers II, LLC at the time of purchase from Chevron Land and
Development Company. The buyer will be responsible for any fees and on -site
infrastructure, including undergrounding of overhead utilities, associated with developing the
property when this occurs. The Fire Department does not have any concerns regarding the
proposed sale.
The City Attorney has determined that all of the obligations of the DA run with the land
covered by the DA and with the buyer. The City Attorney has prepared a Certificate of
Consent Agreement (Attachment No. 3) which has been signed by the seller and the buyer;
the Certificate will be signed by the City if the consent request is approved. The Certificate
includes a condition regarding posting a bond for the Holly Seacliff water reservoir and
associated infrastructure. This condition has been satisfied by PLC as of September 24,
1998 with the posting of a $11.2 million faithful performance bond.
Staff recommends that the City Council provide consent to the sale of the properties and
authorize the Mayor and City Clerk to execute the Certificate of Consent. There are no
outstanding improvement issues related to the properties, and the DA terms will be fulfilled.
Environmental Status:
The Holly Seacliff DA No. 90-1 is covered by Final Environmental Impact Report No. 89-1
which was certified by the City Council on January 8, 1990. No additional environmental
review is necessary. Staff has prepared a mitigation measure compliance matrix for Final
Environmental Impact Report No. 89-1 which requires the Developer to complete necessary
studies and complete the requirements of the studies prior to development.
Attachment(s):
1. Vicinity Map
2. Request Letters from seller dated June 30, 1998 and August 4, 2000
3. Certificate of Consent Agreement
RCA Author:
PL00-53 -3- 8/11100 11:00 AM
VICINITY MAP
Consent to Sale
THE CITY OFHUIVTINGTON BEACH
0 •
18662 MacArthur Blvd., Suite 200
M1 Irvine, CA 92612-1285
(714)474-9620
Fax (714) 474-7350
Real Qa - V E D
Estate
Consulting June 24, 199$ .� U ��. ` I'M
Services '+ _
Nis. Mary Beth Broeren �C, i�;;�;4iTr. i=_� .-OP ENT
City of Huntington Beach
Department of Community Development
2000 Main Street P.O. Box 190
Huntington Beach, CA 92648
RE: Request for City Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
APNs: 111-140-28 through 111-140-33
Dear Mary Beth:
MS Vickers II, LLC has entered into an agreement to sell the above. referenced parcel
of land to Mr. John A. and Mrs. Linda L. Thomas. In accordance with Section 4.2 of
the Development Agreement, we are formally requesting the City's consent to this sale.
As you may recall from the City's consents to the purchase of this property from
Chevron Land and Development Company, et. aI., the majority of the Developer's
Obligations under Section 2.2 of the Agreement were assumed by PLC. Any remaining
site specific obligations will be transferred to the Buyer and triggered by the
development of this property. Those obligations are described more fully in Exhibit B,
attached hereto.
If you have any questions regarding the requested consent or need additional
information, please call me at your convenience. Thank you for all your help and
expeditious handling of this matter.
Sincerely,
F,=�--, A�
Patrick A. Gibbons
enclosures
cc: Mr. David Simon
Ms. Linn Pierce
0
•
•
REQUEST TO CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT No. 90-1
HOLLY SEACLIFF AREA
Date: June 24. 1998
Property Location:
East side of Stewart Street, south of Garfield Avenue.
Property Address:
Assessor's Parcel No(s).:
111-140-28, 111-140-29, 111-140-30, 111-140-31,
111-140-32 & 111-140-33
Legal Description:
Lot 13, 14, 14, 16, and 17 -
in Block C of Garfield Street Addition
Acreage:
4.62
Current Owner
Name:
MS Vickers II, LLC
Address:
CIO Morgan Stanley Real Estate Fund II, L.P.
1999 Avenue of the Stars Suite 2000
City/State/Zip:
Los Angeles, CA 90067
Telephone:
(310) 203 - 9600
Contact:
Mr. David Simon
Assignee/Buyer:
Name:
John A. and Linda L. Thomas
Address:
18851 Stewart Street
City/State/Zip:
Huntington Beach, CA 92648
Telephone:
(714) 556 - 1834
Contact:
Mr. John A. Thomas
Existing Use of Property: Vacant Land
Intended Use of Property: Future development consistent with the Holly Seacliff
Specific Plan
Existing Entitlements/Permits:
Environmental impact Report No. 89-1
General Plan Amendment No. 89-1
Development Agreement No. 90-1
Holly Seacliff Specific Plan
Approval Date:
January 8, 1990
January 8, 1990
November 5, 1990
April 20, 1992
r �
L
18662 MacArthur Blvd., Suite 200
Irvine, CA 92612-1285
(714)474-9620
Fax (714) 474-7350
Real
Estate
Consulting June 24, 1998
-Services'..��±�'i
Ms. Mary Beth Broeren
City of Huntington Beach DEF.-� R
Department of Community Development
2000 Main Street P.O. Box 190
Huntington Beach, CA 92648
RE: Request for City Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
APNs: 159-281-02, 159-281-02 & 159-281-05
Dear Mary Beth:
MS Vickers 11, LLC has entered into an agreement to sell the above referenced parcel
of land to Mr. John A. and Mrs. Linda L. Thomas. In accordance with Section 4.2 of
the Development Agreement, we are formally requesting the City's consent to this sale.
As you may recall from the City's consents to the purchase of this property from
Chevron Land and Development Company, et. al., the majority of the Developer's
Obligations under Section 2.2 of the Agreement were assumed by PLC. Any remaining
site specific obligations will be transferred to the Buyer and triggered by the
development of this property. Those obligations are described more fully in Exhibit B,
attached hereto.
If you have any questions regarding the requested consent or need additional
information, please call me at your convenience. Thank you for all your help and
expeditious handling of this matter.
Sincerely,
Patrick A. Gibbons
enclosures
cc: Mr. David Simon
Ms. Linn Pierce
REQUEST TO CONSENT TO SALE OF PROPERTY
DEVELOPMENT AGREEMENT No. 90-I
HOLLY SEACLIFF AREA
Date:
Property Location:
Property Address:
Assessor's Parcel No(s).:
Legal Description:
Acreage:
Current Owner
Name:
Address:
City/State/Zip:
Telephone:
Contact:
Assignee/Buyer:
Name:
Address:
City/State/Zip:
Telephone:
Contact:
June 24, 1998
Triangular parcel bounded by Garfield Ave. (north),
Holly St. (west) and Main St. (southeast)
159-281-01, 159-281-02 & 159-281-05
Lots 1 through 6 inclusive and 8 through it inclusive
in Block A of Garfield Street Addition
1.71
MS Vickers 11, LLC
CIO Morgan Stanley Real Estate Fund II, L.P.
1999 Avenue of the Stars Suite 2000
_Los_Angeles, CA 90067
(310) 203 9600
Mr. David Simon
John A. and Linda L. Thomas
18851 Stewart Street
Huntington Beach, CA 92648
(714) 556 - 1834
Mr. John A. Thomas
Existing Use of Property: Vacant Land
Intended Use of Property: Future development consistent with the Holly Seaciiff
Specific Plan
Existing Entitlements/Permits:
_Environmental Impact Report No. 89-1
General Plan Amendment No. 89-1
Development Agreement No. 90-1
Holly Seacliff Specific Plan
Approval Date:
January 8, 1990
January 8, 1990
November 5, 1990
April 20, 1992
•
•
CI
REAL ESTATE CONSULTING SERVICES
Rou P
August 4, 2000
Ms. Mary Beth Broeren
City of Huntington Beach
Department of Community Development
2000 Main Street P.O. Box 190
Huntington Beach, CA 92648
RE:. Request for City Consent to Sale of Property
Holly Seacliff Development Agreement No. 90-1
APNs: 111-130-16 & 111-130-23
Dear Mary Beth:
MS Vickers II, LLC has entered into an agreement to sell the above referenced parcel
of land to Mr. John A. and Mrs. Linda L. Thomas. In accordance with Section 4.2 of
the Development Agreement, we are formally requesting the City's consent to this sale.
As you may recall, MS Vickers II, LLC has previously agreed to sell other properties
to Mr. and Mrs. Thomas. The consents to those previous sales are pending. Therefore,
would you please append one of the two existing consents to include the attached legal
description for the newly sold property.
If you have any questions regarding the requested consent or need additional
information, please call me at your convenience. Thank you for all your help and
expeditious handling of this matter._
Sincerely,
=fix 1A�*
Patrick A. Gibbons
Enclosures
cc: Mr. Mike Schlessinger
198M MacArthur Blvd., Suite 300, Irvine. CA 92612-2424
tel 949.474.9620 fax 949.474,7350
RECEIVE®
A u G 0 s 2000
Department of Planning
•
0
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
September 22, 2000
Gary L. Granville
County Clerk -Recorder
P. O. Box 238
Santa Ana, CA 92702
CALIFOR PJIA 92648
Enclosed please find a Certificate of Consent to the Sale of Property and the Assumption
of Rights, Duties and Obligations by and Between the City of Huntington Beach, MS
Vickers Il, LLC and John A. Thomas & Linda L. Thomas to be recorded and returned to the
City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA
92648.
Please return a conformed copy of the Consent to the Sale when recorded -to this office in the
enclosed self-addressed stamped envelope.
dMW4 0*4e�;�—
Connie Brockway, CMC
City Clerk
Enclosures
g:lfollowuplCert-Pending-Sale2o00.doe RE: MS Vickers il, LLC & John A. and Linda L. Thomas
(Tele phone: 714-536.5227 )
•
Recording requested by, and
when recorded, mail to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
CERTIFICATE OF CONSENT TO THE SALE OF PROPERTY AND THE
ASSUMPTION OF RIGHTS, DUTIES AND OBLIGATIONS BY AND
BETWEEN THE CITY OF HUNTINGTON BEACH, MS VICKERS II, L.L.C.,
AND JOHN A. THOMAS AND LINDA L. THOMAS
WHEREAS, on November 14, 1990, Development Agreement No. 90-1 (hereinafter
referred to as the "Agreement") by and between the City of Huntington Beach, a municipal
corporation (hereinafter referred to as the "City"), and Pacific Coast Homes, a California
corporation, and Garfield Partners, a California corporation was recorded in the Official Records
of Orange County, California as Document No. 90-599766; and
On May 6, 1996, the City Council of the City gave its consent to the sale of property and
assignment of the rights, duties and obligations arising under the Agreement to PLC and MS
Vickers I1, L.L.C. (hereinafter collectively referred to as the "Developer"); and
By that certain grant deed dated March 1, 1996, and recorded on May 9, 1996 as
Document No. 19960234746 of Official Records of Orange County, California, MS Vickers I1,
L.L.C. acquired all right, title and interest in and to that certain real property (hereinafter referred
to as the "Property") described in the legal description and sketch attached hereto as Exhibits "A-
1" and "A-2", respectively; and
MS Vickers II. L.L.C. desires to sell the Property, which is a portion of the entire site
covered by the Agreement, to John A. Thomas and Linda L. Thomas (hereinafter collectively
referred to as the "Buyer," and to assign certain of the Developer's rights, duties and obligations
under the Agreement to the Buyer; and
The Agreement provides in part at Paragraph 4.2 that:
Prior to making the dedications and improvements required herein,
Developer may sell, assign or transfer the Property in whole or in
part with the consent of the City, such consent not to be
unreasonably withheld. City's consent will -not be required if such
assignment is made to an affiliate of Developer. Any purchasefex-Exer, �t-G ..4r ;,-;art Agency
This document is solely for the CITY OF I -I i;
4/k: %Agret:vickers OSilclal business of the City
RLs98507/09/29/98 oY Hunt',noten Beach, as conteTn-
p!a,Gd Under Government Code By: . ......--..
Sec. 6103 and should be recorded utOyClerk
free of charge.
•
•
assignee or transferee shall have all of the rights, duties and
obligations arising under this Agreement insofar as such rights,
duties and obligations are applicable to the Property or portion
thereof purchased, assigned or transferred; and
The City is willing to consent to the sale of the Property and to the assignment of the
rights, duties and obligations arising under the Agreement from MS Vickers II, L.L.C. to the
Buyer, and the Buyer wishes to memorialize its acknowledgment of all its rights, duties and
obligations it shall assume upon the sale of the Property and assignment of the Agreement;
NOW, THEREFORE, the City, MS Vickers II, L.L.C. and the Buyer do hereby agree and
acknowledge as follows:
l . CONSENT TO SALE OF PROPERTY
The City hereby consents to the sale of the Property to the Buyer.
2. CONSENT TO ASSIGNMENT
The City hereby consents to the assignment of the rights, duties and obligations
arising under the Agreement from MS Vickers II, L.L.C. to the Buyer, as described herein.
3. ACKNOWLEDGMENT OF RIGHTS, DUTIES AND OBLIGATIONS
The Buyer hereby acknowledges that by accepting this assignment, it accepts all
of the rights, duties and obligations arising under the Agreement insofar as such rights, duties
and obligations are applicable.to the Property or portion thereof purchased, assigned or
transferred.
4. INCORPORATION OF EXHIBITS
Attached hereto and incorporated by this referenced as though fully set forth
herein are the following exhibits:
A-1: Legal Description of the Property.
A-2: Sketch of the Property.
B. Clarification of Development Agreement Rights and Duties.
5. RELEASE OF DEVELOPER
The City acknowledges that upon acceptance of the assignment of the rights,
duties and obligations under the Agreement by the Buyer as provided above, the Developer shall
have no further obligations with respect to the Property arising out of any acts, omissions, or
events occurring subsequent to the effective date of the transfer, except for those specific
obligations retained by the Developer as identified in Exhibit B and Paragraph 6 below.
2
4/k: 98Agree:vickers
RLS 98507/09129,198
6. COMPLETION OF DEVELOPMENT AGREEMENT OBLIGATIONS.
The consent hereby given is expressly conditioned upon the items stated above,
and the completion of all of the following items:
a. All terms and conditions of the Holly Seacliff Development Agreement No. 90-1,
not explicitly defined within Exhibit B. shall continue to be the responsibility of the
Developer; and
b. The Developer shall be responsible for construction of all infrastructure in
conformance with pages 20 and 21 of the Holly Seacliff Development Agreement No. 90-
1 and further clarified by the Developer in its letter to the City, dated May 7, 1996.
C. The Buyer shall pay the Library Development Fee pursuant to Huntington Beach
City Council Resolution 96-71 for all of its building permits in accordance with
Ordinance No. 3344.
d. The Developer shall file with the City a performance bond in the amount of
Eleven Million Two Hundred Forty Thousand Dollars ($11,240,000) for the design and
construction of a nine million gallon water reservoir, booster pump station, well and related
facilities to be located at Overlook Drive and Edwards Street in the City of Huntington Beach.
The form of the performance bond shall be subject to the approval of the City Attorney. The
Developer and the Buyer are prohibited from closing the sale of the Property prior to the posting
of said bond.
IN WITNESS WHEREOF, the parties hereto have executed this Certificate by and
through their authorized officers on the date first above vrTitten.
MS VICKER ,4.L.C. CITY OF HUNTINGTON BEACH, a
company
SIMON
name TIVI. FRESIDENT
: (circle one) ChairmanlPresident/Vice President
AND
Bv:Qkl��
-
print name
ITS: (circle one) Secret (Chief Financial Officer, sst.
Secretary - Treasurer
4,'k: 98Agree: vickers
RLS 98507/09129/98
California municipal corporation
Mayor
4,-e oo-�
City Clerk q— o l - vo
APPROVED AS TO FORM:.
City Attorney
3 /° 4+
CALIFORNIA ALL-PURPOJPACKNOWLEDGM ENT 0
State of
County of _�ct&—_
On 9- 19
Dale
personally appeared
CHRISrINE CLENT
corrxr* 125M
is terRue -CM10ab
Omnge caunh
WCommEvVwJen142D4
$personally known to me
C 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.
&4,4�
Signature of Nota uh6o
9-/9-z vo 0
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
i
r,
r
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑
r,
EJ
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 1996 Nauonal Notary Association - 8236 RPT.met Ave.. P.O. Box 7184 - Canoga Park. CA 9'309.7184 Prod. No. 5907 Reorder: Call Toll•Frea 1.800-878.6827
CALIFORNIA ALL-PURPOACKNOWLEDGMENT •
State of1(2)
County of �� km&�
6(A!�Ul� � �Onbefore me, Qy\,
Date T,, l Na'�e e` ,,Title of i r (e'.gA.''Jane Doe. Notdry Public')
personally appeared �(1�� (�Y�?. I'�`v ; T. VV l 5S 1'l1.A&
NHnle(s) o! SignerV
personally known to me —OR to be the person(s)
whose name(s) 4Psubscribed to the within instrument
and acknowledged to me that het executed the
same in�e authorized capacity ies), and that by
C'.NDY BYL'N h+sAhe&Et2, ignature(s) on the instrument the person(s),
Commission 0 1152653 Z or the entity upon behalf of which the person(s) acted,
Z ;ram Nola-y Public - ColifOmiO executed the instrument.
Z Los Angeles County
my Corr -ri.. xp'aes Ajg 23' 2001
WITNESS my hand o ial eal.
signa!u•e of N t>91itit
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
u
I—'
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited C General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
r-
C
C
G
C
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — E. Limited General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT THUMBPRRT
OF SIGNER
O M5 National Notary Assoc:at on - 8236 Remmet Ave.. P.Q. Boa 7184 - Canoga Park, CA 91309.7184 Prod. No 5907 Reorder: Call Tof-Free 1-600-876-6827
•
•
Mill M-1 1611.
4/k: 98Agree:vickers
RLS 98507/09/29,'98
4
REVIEWED AND APPROVED:
___ezeJ2 --
City ministrator
INITIA D AND APPROVED:
Dirldor Of CommDevKlopm
t
LL-P •
CALIFORNIA A URPOS�ACKNOWLEDGMENT
�,%
State of � ��/ ]t� �o " •� -_N
County ofT
On V 4!-)) l rbefore me, _
personally appeared
,harne end Title of officer (e.g., 'Jane Doe, Notary
Narna(s) of Sspner(sl (�
,, a,—cv L
C. personally Known to me - OR - f- 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),
ARONW.Ipd-0 LIMMM or the entity upon behalf of which the person(s) acted,
CONt L# 1042447 executed the instrument.
WITNESS my hand and o icial seal.
Siana r of 1'otary Pubi c
OPTIONAL
Though Me information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of -Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
I
Individual
Corporate Officer
Title(s):
Partner — Limited - General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
=on of thumo r-ere
. L
Signer's Name:
J
Number of Pages:
Individual
Corporate Officer
.. Title(s):
Partner — Limited E General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:' __ I Too om^ere"
Signer Is Representing:
0 1995 Nat-onal Rotary Associal-on - 8236 Remme: Ave., P.O. Box 7184 - Canoga Park- CA 91309.7184 Prod. No. 5907 Reorder_ Call7oll-Free 1-800-876-6827
F•f E¢ 4, tl ,�.. .r,.. .�.3 { IY - - ;� 1 •1 �. -1 fi � Ni y Y Y. e
EXHIBIT "A-V
DESCRIPTION OF REAL PROPERTY
All that certain land situated in the City of Huntington Beach, County of Orange, State of
California, described as follows:
LOTS 15, 16, 24 AND 25 IN BLOCK D OF GARFIELD STREET ADDITION TO
HUNTINGTON BEACH, AS PER MAP RECORDED IN BOOK 7, PAGES 27 AND 28
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 111-130-16 AND 111-130-23
AND:
LOT 13, 14, 15, 16 and 17 IN BLOCK C OF GARFIELD STREET ADDITION TO
HUNTINGTON BEACH, AS PER MAP RECORDED IN BOOK 7, PAGES 27 AND 28
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 1 I 1-140-28, 111-140-29, 111-140-30, 111-140-31 &
111-140-32 & 111-140-33
AND:
LOTS 1 THROUGH 6 INCLUSIVE AND 8 THROUGH I I INCLUSIVE IN BLOCK A
OF GARFIELD STREET ADDITION TO HUNTINGTON BEACH, AS PER MAP
RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
Assessor's Parcel Numbers 159-281-01, 159-281-02 & 159-281-05
• •
•.:...
. fM AW VW PREAMIIEp FOR 0RARrA COUNM
ASSESSOR GEPT. PURPOSEo OM.7 rW ASSES.
. � :: ..:...�,.; : .
TH1$ kuP wa PREPARED FOR ORANGE' . ' -
�wSSU EESSANYLW4UTYGUARANTEE �
COUNn kSSESSOR.OEvf:kURPOSESOML - -�:'•.`.:.
NOT To BE REPRODUCEO. ALL mO rts RESERWU
THE ASSESSOR MAKES W.'GUARANTEE AS 7O .::..
CCOPYR,G:,r oR E Cax+Ir tissEss«+ ,oee
ITS ACCURACY NOR ASSUMES ANY LIABI UTr ;
FOR OTHER IISES_NOT TO 9E REPRODUCED- . 1-; 100'
:..::
A11 RIGRTS RESERVED:...=. ;: 14
A COPYRIG>�r ORANGE AWAMESSOR IM.
$
STEW.4RT.. I SNELFIER: AVEAVi STREET
3 GOLDEN WEST
.. r .
MARCH 1951
t5s- 43
GARnELD STREET AOOIRON . M.M. 7:2728.. NOTE —ASSESSOR'S BLOCK d
:. PARCFL VA/D WHIR.
SHOWN IN CIRCLES
I
a
ti
5
ASSESSOR'S MAP
BOOK tl I PAGf.13 O
'COUNTY OF ORANGE
.. ..u:n•n,' wll. 114-I1Mq U rU11 ru,a!x; r I I
SV"U! FSN6 1.4r!'ir•OSE0 CV"y IN( A;, ES
• �� tIS Yr`' WAS °tlE1'AIIEU F()ti UIIAFI(IE NOR ASSOWU AN yV SR ry FTon, 1ACC U�ACr
OURTY RSSESSOROEPT. PURPOSES Ott . C'C rt7et rrrr�ICfo At ftFtrSrtlsFr,VFO
c ; :. ', I IF &%ESSUR MAKES NO GUAFI ME AS TO (' . ! 00 ` CCOWgIGIrT OgANGE COt1Kry A`•S[SSOIi 1.,,
r r ; I S ACCURACY NOR ASHES ANY LIAOIITY
OTHER USE34MY MOE FIEPAOQUCED
E=T9 E rFo = 15 I
S n ` lyy. •, � �+Y '.1lY1CY4Ifl� �tir1 -. - J _ _ _ ib
.CRYSTAL . — STREET
�. .,,7 .� ��.i�.+' •rl'„�-.e -•i. 'i _.� ' 'Oar' .+'r •2• -��'- rJt!' m +as rya
e •r Oil Jyy e �• I �7
FF ��, GARRELO STREET.
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(SAFFLTZFR 4mvw) STREET °
13
MARCH 1951 GARFIELD 5TR£ET ADDITION -M. M.T-2T, 28. NOTE — ASSESSORS BLOCK S
PARCEL NUMBERS
SHOWN IN CIRCLES
s
ASSESSOR'S MAP
BOOK II I PAGE 14
COUNTY OF ORANGE
JONVUO JO AJA4')Ol
-STOW.1 AN AfhiOUS
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•
•
•
EXHIBIT "B"
CLARIFICATION OF DEVELOPMENT AGREEMENT No. 90-1
RIGHTS, DUTIES AND OBLIGATIONS BETWEEN
MS VICKERS II, LLC (SELLER) AND
JOHN A. AND LINDA L. THOMAS (BUYER)
FOR APNs 111-130-16, 111-130-23, 111-140-28, 111-140-29, 111-140-30,
111-140-31, 111-140-32, 111-140-33, 159-281-01, 159-281-02 & 159-281-05
(PROPERTY)
Section 2.2.1: Linear Park.
All obligations relative to this condition have already been fulfilled.
Section 2.2.2: Neighborhood Parks.
Obligation for design, dedication, improvement and initial maintenance of
neighborhood parks was assumed by PLC at the time of the purchase of this property
by MS Vickers LLC. PLC retains those obligations.
Section 2.2.3: Public Right of Way and Private Streetscane Improvements.
2.2.3 (a): The obligation to dedicate property for public right of way has been
fulfilled by MS Vickers II, LLC.
2.2.3 (b) and 2.2.3 (c): Buyer will assume the obligation to improve and
maintain private perimeter landscaping, walls and signage on the property.
2.2.4: Traffic and Circulation Improvements.
Most of the obligations under this section relevant to the subject property were assumed
by PLC at the time 'of the purchase of this property by MS Vickers LLC. PLC retains
those obligations, with the following clarifications:
2.2.4 (f): Buyer is responsible for the payment of any fees levied pursuant to
this section and applicable to this property.
2.2.4 (g): Buyer will be responsible for payment of future traffic fees, if any,
imposed by ordinance and applicable to this property.
2.2.5. Water, _Sewer, Drainage and Utility Improvements.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations, with the following
clarifications:
2.2.5 (d): Buyer will be responsible for the undergrounding of any overhead
utilities on the Property at the time of development.
2.2.5 (0: PLC has assumed. the responsibility for construction of the backbone
"Green Acres" reclaimed water project. Buyer will be responsible for the
connection of onsite irrigation systems to the Green Acres backbone system.
2.2.6: Fire and Emergency Medical. .
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.7• Police.
Obligations under this section were assumed by PLC at the time of the purchase of this
property by MS Vickers LLC. PLC retains those obligations.
2.2.8: School Facilities.
Buyer will be responsible for payment of any impact fees that may be due HBCSD per
the existing mitigation agreement as a result of the development of the property.
2.2.9: Other Development Controls
Not applicable to this property.
2.2.10• Fees:
Buyer will be responsible for the payment of any and all fees due under this section as a
result of the development of the property.
RCA ROUTING AiEET
INITIATING PLANNING DEPARTMENT
DEPARTMENT:
SUBJECT: Approve Consent For Pending Sale of a4.6
acre property on east side of Stewart, south of
Garfield (APN 111-140-28-33), a 1.7 acre
property at southwest corner of Main and ,
Garfield (APN 159-281-01-02, 05) and a 4.0
acre property south of Garfield between
Goldenwest and Stewart (APNs 111-130-16,Y
23) in the Holly Seacliff Development
Agreement Area
COUNCIL MEETING DATE: September 5, 2000
RCA ATTACHMENTS
STATUS'
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWEP,
RETURNED.-
FORWARDED;
Administrative Staff
( )
( }
Assistant City Admin istrato (Initial)
( )
( }
City Administrator (Initial)
City Clerk
( )
] EXP LANATI OW FOR :"RETURN `OF]TEM: ;
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�J• fe CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
Liz Ehring, Deputy City Clerk 11
To: R�
Date: Meeting Date: 7 �� Agenda Item: V_ 4'Y ?
Proposed pity Council Agenda Items: The City Clerks Office/City Administrato s Ofice must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit, please return to: Elaine Kuhnke, Management Assistant, Administration
1. 1
Signature(s) Needed
A
On RCA
B
On Agreement
C
Other
2.
Attachments
A
Missing
B
Not identified
C
Other
3.
Exhibits
A
Missing
B
Not identified
C
Other
4.
Insurance Certificate (Proof Of Insurance)
A
Not attached
B
Not approved by City Attorney's Office
C
Signed form notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attached)
5.
Wording On Request For Council Action (RCA) Unclear
A
Recommended Action on RCA not complete
B
Clarification needed on RCA
C
Other
6.
City Attorney Approval Required
7.
Agreement Needs To Be Changed
A
Page No,
8.
Other
�Qell
G-ag"almiu/rcdorm
Council/Agency Meeting Held:
Deferred/Continued to:
❑ Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signature
Council Meeting Date: September 5, 2000
Department ID Number: PL 00-53
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator aAP
PREPARED BY: HOWARD ZELEFSKY, Planning Director/
SUBJECT: Approve Consent For Pending Sale of a 4.6 acre property on4���
side of Stewart, south of Garfield (APNs 111-140-28-3), a 1.7acra
property at southwest corner of Main and Garfield (APNs 159-281-
01-02, 05) and a 4.0 acre property south of Garfield between
Goldenwest and Stewart (APNs 111-130-16, 23) in the Holly Seacliff
Development Agreement Area
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for your consideration is a request by MS Vickers II, LLC for the City Council to
provide consent to the pending sale of three properties to John A. and Linda L. Thomas. The
properties are subject to the Holly Seacliff Development Agreement. Section 4.2 of the Holly
Seacliff Development Agreement requires the City to provide consent to the sale of the properties
covered by the Development Agreement if the sale is to a party not affiliated with the Developer
and if all public improvements have not been completed. Staff has performed due diligence
regarding the pending sale of these properties and recommends that the City Council provide
consent to the sale to John A. and Linda L. Thomas.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Pursuant to Section 4.2 of the Holly Seacliff Development Agreement, approve the request by
MS Vickers 11, LLC for the City Council to provide consent for the pending sale of a 4.6 acre
property (APNs 111-140-28-39).,a 1.7 acre property (APNs 159-281-01-02, 05) and a 4.0 acre
property (APNs 111-130-16, 23) tV John A. and Linda L. Thomas; and
2. Approve and authorize the Mayor and City Clerk to execute the Certificate of Consent to the
Sale.of Property and the Assumption of Rights, Duties and Obligations, and authorize the City
Clerk to record said document with the Orange County Recorder."
i1 ,1l4 CITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH Connie Brockway, City Clerk
Office of the City Clerk
Liz Ehring, Deputy City Clerk 11
To:Z�2)
Date: O Meeting Date:
p1Qposed Gty CouncillAQends stems: The City Clerk's
Agenda Item: —
Office/City Administrator's Office must return your
agenda item due to the following requirements that have not been met. When your Agenda Item is ready to
resubmit, please return to:' Elaine Kuhnke, Management Assistant, Administration
1.
Signature(s) Needed
A
On RCA
B
On Agreement
C
Other
o-.
Attachments
A
Missing _
Not identified
Other
B
C
3.
Exhibits
A
Missing
B
Not identified
C
Other
4.
Insurance Certificate (Proof Of Insurance)
A
Not attached
B
Not approved by City Attorney's Office
C
Signed forth notifying City Clerk that department will be responsible for obtaining insurance certificate on this item. (See form attachedl
5.
I Wording On Request For Council Action (RCA) Unclear
A
I Recommended Action on RCA not complete
B
Clarification needed on RCA 33
C
Other ` '- ' ~ s „�� ,bp- .
6.
City Attorney Approval Required EX'�i i7c / �� �
c
I.
Agreement Needs To Be Changed
A
Page No.
S.
Other
G:ngenda+miscfteorm