HomeMy WebLinkAboutOCEAN VIEW SCHOOL DISTRICT - 1982-12-06AGREEMEi4T FOR EXCHANGE OF REAL
PROPERTY - OAK VIEW PARR
IIS AGREEMENT is made and entered into tais�day of
, 1982, by and between the CITY OF
HUNTINGTON BEACH, a municipal corporation, hereinafter referred
to as "CITY," and THE OCEAN VIEW SCHOOL DISTRICT, hereinafter
referred to as the "DISTRICT."
The CITY agrees to convey to DISTRICT the property described
herein under Exhibit "A" and DISTRICT agrees to convey to rIITI�' the
property de,,�.cribed in Exhibit "B". On the base.,, of cormpetPnt
appraisals tEfP parties, fired that the parcels to be conveyed and
exchanged are substantially equal in saluE.
NOW, THEREFORE, the parties agree as follows:
(a) DISTRICT shall execute and deliver a grant deed in a
"orm. satisfactory to CITY, conveying the property described in
Exhibit "B" to CITY.
(b) CITY shall deliver a grant deed satisfactory in fora
to DISTRICT conveying .he property, described 'In Exhibit "A" to
DISTRICT.
(c) Simultaneously with delivery of tho grant deed to CITY,
DISTRICT shall provide to CITY a standard Cal.if'ornla Land Title
Association policy of title insurance covering the property
described. in Exhibit "B"; end CITY, .simultaneovsly with dellvprin
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9/22/82
grant, deed to DISTRICT, shall provide DISTRICT with the same type
of policy of title insurance for the property described in
Exhibit "A".
(d) Time for performance shall be within thirty (30) days
after notice of written approval by the Department of dousing
and Urban Development to the transfer of interest to the property
described in Exhibit "B" and release of its r :&r" ction on the
property described in Exhibit "A". Thi3 agreement is subject to
release by the Departmont of Housing and Urban Development of all
interest in the property described in Exhibit "A".
(e) Taxes, if any, shall be prorated as of the date of
recordation of conveyances.
(f) The parties agree that either the County Connsel of
the County of Orange or the City attorney of the City of Huntington
Leach may act without liability as escrow holder, to hold and record
deeds in accordance with this agreemen.. The parties alternatively
agree that the title company issuing, the title insurance policies
referenced in (c) above may act as escrow holder to record deeds
at the time insurance Dolicies are issued.
(HEST OF PAGE NOT USED)
IN WITNESS WHEREOR, the parties hereto have caused this
agreement to be executed by and through their authorized officers
the day, month and year first above w-ritten.
AT TEST :
City Cleric
REVIEWED AND APPROVED:
et(
Admini3 Erator Y
BOARD OF TRUSTEES OF OCEAN
VIEW SCHOOL DISTRICT OF ORANGE
COUNTY, CALIFORNIA
By
Fi7�sldent, Board o.-L' Trustees
By JW,. - A -, Y-n Z"
1716-r- ---arni of TrU13 tees
:-'JTY OF HUNTINGTON BEACH,
a municipal corporation
Mayor
APPROVED AS TO FURM:
City Attorney �L`" --
INITIATED, AND APPROVED AS TO
CONTENT:
to fthunity Services
EXHIBIT A
The south 330.00 feet of the north 990.00 feat of
the east 310.00 feet of the west 330.00 feot of the
Northwest Quarter of the ;northeast Quarter of
Section 26, Township 5 South, Range 11 West, as
shown on a map recorded in Bock 51, Page 13,
Miscellaneous Map,-, Records of Orange County. Said
area comprising 102,300 square feet.
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EXHIBIT B
The north 430.00 feet of the south 1O90.O0 feet of
the east 460.G0 feet of the east half of the South--
west Quarter of the Northeast Quarter of Section :26,
Township 5 South, Range 11 West, as shown on a .;yap
recorded in Book 51, Page 13, Miscellaneous Maps,
Records of Orarge County. Said area comprising
11.0,825 square feet.
Excepting therefrom the north 330.00 feet of the
west 263.56 feet.
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RESOLUTION NO. 5201
A RESOLUTION OF THE CITY COUNCIL OP THE CITY Or
HUNTIrvGTO,N BEACH AUr'HORIZING TRANSFER Or THE
HUD PARTICIPATION 1N OAK VIEW PARK TO THE :NEW
PARK DEVELOPMENLl PROXIMATE THERETO, MID RE-
PEALING RESOLUTION NO. 3203
WIIrSREAS, the Cil-y of Huntini ton Reach in 1969-1970 acquire i
3 ?.3-acre park site with assistance From the federal Department
or :lousing and Urban Development; a.n9
The city is providing a corriparable park net. to the exist -
Jr
6 part; and
.ne city desires to transfer the ITUD interest in the ex-
lstinL; park site to the proposed new perk; aiJ
.ne transfer of this interest is necessary to allow the
existing park to be disposed of an<i tine contemplated new park
(9eveloDment compl.eted: and
-he Ocean View School. District has approved the transfer by
resolution attached as Exhibit 1,
NOW, THEREFORE, RE 1T RESOLVISi) by "he City Council, of the
its of Huntington Beach as follows:
E,CTION 1. The HUD interest in the existing part: is h reb,,j
transferred uo th proposed new park, as shown on the map a ta^I-re
hereto and incorporated herein by reference as Exhibit 2.
SECTION 2. The existing; part: site consists of 2.3 acres,
and the proposed new park site consists of approximately the t',A*le
area, anj teased on recent appraisals, the value of the new par%
site is equal to the value of the existing site.
SECTION ". Transfer of the TIUD interest in the existin;
park site to the new site will allow the city to develop a park
of adequate size, minimize liability, improve public safety, an
improve the quality of 11f,. for residents in the vicinity.
RCS.anb
'a/1>I82
SECTION 4, Approval. of the transfer of the HUD interest
shall be obtained from the federal Department of Vious ing and
urban Development, prior to transfer of title,
SECTION 5. Resolution No. 3203 and al.l, other reaol.utions
In conflict, herewith are hereby repealed.
?AS,i?D AND ADOPTED by the City Council of the City of
;juntin�,ton Beach at a regular meeting thereof held on the 6th
day of December 1982.
Mayor
A T": -ST : APPROVED AS TM FOMR�
�,ity Cl erk
'?:-'V7'": ED AND APPROM:
� � r
City Administra r
City Attorney i�14-1 c
INITIATED AND APPROVE,):
,:nunity-drrrices Director
a
PFSOLUTION tt 21:8182
ACTION OF THE BOARD OF TRUSTEES OF
THE OCEAN VIEW SCHOOL DISTRICT
OF ORANGE COUNTY, CALIFORNIA
The following motion was moved by Mrs. Blank and
d.:l y seconded and carried :
W,3EREAS, Education Code Sections 39500-39502 provide that
the Governing Board of any school district by unanimous vote of
all members may exchange any real property with another public
agency, including a city, and
WHEREAS, the Ocean View School District (District) is now
the owner of real property located at 17241 Oak Lane, Huntington
Reach, California 92647, a portion cf which includes approxi-
mately 110,825 square feet of land located at the southeast
corner, and
WHEREAS, the above -described 110,825 square feet of land
is not and will not at the time of rielivery of possession be
needed for school classroom buildings by the District,
NOW THEREFORE BE IT RESOLVED THAT the District Board of
Trustees, in the best interests of the District, authorizes,
and declares its intention to exchange, the above -described
110,825 square feet of land for approximately 102,300 square
feet of land owned by the City of Etuntis ;ton Reach located along
a portion of the northern boundary of the District's real
property located at 17241 Oak Lane, Huntington Beach, Cali-
fornia 92647. A ;nap depictinn the specific locations of hk)Ll
properties is available for review during requ'Lar working hourr
at the District- business office located at 16940 B Street,
Huntington reach, California 92642,
BE IT FURTHER RESOLVED THAT the .Secretary of the District
Rr,ard of Trustees is directed to, publish a copy of this rest)lu-
tion not less than once fi week for three weeks prior to the
Board enterinq into the exchange of the above: -described
properties.
d
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ADOPTED, SIGNED AND APPROVED THIS 21st day of June, 1982.
BOARD OF TRUSTEES
OCEAN VIEW SCHOOL DISTRICT
�L C Gt•JrGd jr,C,�.,�..r.tR Lc.�•.rlT
R
AYES:
NOES:
ASSENT:
STATE OF CALIFORNIA }
} ss.
COUNTY OF ORANGE }
I, Dale Coogan , Secretary of the Board of Trustee
o` Ocean View School District of Orange County, California, hereby
certify that the above and foregoing motion was duly and regularly
moved and seconded, and passed by a 5°-0vote of said Board at
a regular meeting thereof held on the 21st day of June, 1962.
.SEC;Rf EtARX OF THS BOARD OF TRUSTEES
V
LANNiNG+
SECTIONAL DISTyRUCT iv, 9 26-5-11
CITY OF A
HUNTINGTON BEACH,&
ORANCE COUNTY, CALIFORNIA
USE 4F PROPERTY 4M1AP
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Res. 'No- 5201
STATE OF CALIFORNIA )
COMTY OF ORANGE ) ss:
CITY OF HI INGTON BEACH )
I, ALICIA M. WENTWORTH, the duly elected, qualified City
C1erk of the City rt Huntington Beach, and ex-officio Clerk of the
City Councii 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 more than a majority of all the members of said City Council
at a regular meeting thereof held on the _ nth day
Of Ueremher , 19__82,-__, by the fallowing vote:
AYES: Councilmen:
Thomas, MacAllister, Mandic, Finley, Bailey, Kelly
NOES: Councilmen:
None
ABSENT: Councilmen:
Pattinson
City Clerk and ex-offici.o Clerk
of the City Council of the City
of Auntingtort Beach, California
U.S...Derpertme. ` Housing and Urban DeVelopr:aeni �
jtt l j Los Angeles Are ce, Region IX
o* 6E * y 2500 Wilshire Boulevard 6 A J
t t }1 Los Angeles. Csiffomia 90057
�4 O[v Eta
.4'tOg1983
lines
.JN 10 ia$3
Mr. Charlr;s Thompson, City Administrator. CITY OF HUNTINGTON BEACH
ATTENTION: Mr. Vincent G. Moorhouse ADMINISTRATIVE OFFICE
City of Huntington Beach
P.O. Box 190
Huntington Beach, California 92648
Dear Mr. Thompson:
SUBJECT: Open Space Land Program
Exchange of Park Sites
Oakview Park O5C-389
This is in respchse to your letters of February 28 and March 18, 1983,
in which you request prior HUD authorization o exchange subject park for
another of as nearly as feasible equivalent usefulness, location, and fair
market value belonging to the Oak View Elementary School.
Your submission meets the requirements set forth in Title V1I of the
Housing and Urban Development Act of 1961 as amended and HUD policy.
In consideration of this Department's appro.-al of your request to
Rxchange sites, this letter Agreement shall serve to amend the Contract bet-
ween the City of Huntington Beach and the United States, dated February 27,
1970, by deleting the property description contained in Section 2(a) of the
contract and substituting in lieu -thereof the following property
description:
The north 430.00 feet of the south 1.090.00 feet of the east 460.00
feet of the east half of the Southwest Quarter of the Northeast
Quarter of Section 26, Township 5 South, Range 11 West, as shown
on a m;n recorded in Book 51, Page 13, Miscellaneous Maps, Records
of Orange County, said area comprising 110,825 square feet.
Excepting therefrom the north 330.00 feet of the west 263,56 feet.
In all other respects the Contract, dated February 27, 1970, shall remain in
full force and effect.
This amendment shall be effective as of the date of concurrence, accep
tance, and execution by the City of Huntington Beach as said date appears
below.
_Pawl
WN awn
Mr. Charles Thompson, City Adm',nstrator 2
City of Huntington Beach
Exchange of Park Sites
Please acknowledge your concurrence and acceptance of this amendment by
signing, sealing, and returning the original and four counterparts of this
letter, retaining the fifth counterpart for your records..
Sincerely,
Area Manager
The above Amendment to Contract USG-398{13} is hereby concurred in and
,f the «''' day of 1983.
ington Beach
City Administrator `
Attest:
C7 ty' %,I err
rj,Tj&41
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 8, 1982
Board of Trustees
Ocean View School District
16940 "B" Street
Huntington. peach, CA 92647
The City Council of the City of Huntington Beach at its regular meeting
held Monday, December 6, 1982, approved an agreement for the exchange
of real property in connection with Cak View Park. The Council also
adopted Resolution No. 5201 authorizing transfer of the HUD participa-
tion in Oak View Park to the new park development proximate thereto.
Enclosed is a duly eXeCLted copy of said agreement and a certified
copy of Resolution No 5201 for your records.
Alicia M. Wentworth
City Clerk
P,MW:CB: js
cc: V. Moorhouse - Community Services Dept. .0
Judy John - Finance
AM& Jok 0 - Fi-*10-
REQUEP FOR CITY COUNCIEFACTION I
Date November 22, 1982
Submitted to: The Honorable Mayor and City Council
Submitted by: Charles W. Thompson, City Administra
Prepared by: Vincent G. Moorhouse, Di;!-ector, Community S
Subject: Agreement with Ocean View School Distrf- t
Authorizing Transfer of HUD Interest in Oak
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachinents: Of./
STATEMENT OF ISSUE
On February 16, 1982, Council authorized negotiation with the Ocean
I-ew School District for the appraisal and trade of properties. This
U U
was accomplished and on November 15, 1982, the Ocean View School
--j.--trict Board approved the agreement for the exchange of properties.
RECOMMENDATION
Approve the agreement for the exchanze c-f rtwa,' Z tiro r lex' ' g 3, '! -k
I � �
View Park) and the resolution authorizing transfer of HUD interest in
the existing park to the new park development and authorize Mayor to
execute same.
ANAL , c.T'7
When Anthony and Langford Architects submitted plans for the Council-
apprcved addil..ion to Oak View Center to the State Architects Office
,-or a;.�proval, they were advised that the structure did not jileet Field
Act requirements. The solution to the problem was the exchang'�� of
park properties. On the basis of competent appraisals, the - ty and
school district have found that the parcels to oe exchanged are equal
in value and size (approximately 2.3 acres). The area to be acquired
by the city encompasses the property on which both the Oak View Center
ani tne Day Care Center are located. District and city will maintain
P-nd be responsible for their own parcels of land. This land exchange
will mitigate all contractual problems. The resolution calling for
transfer of the HUD interest in the existing park site tc the n-w site
will allow the city to develop a park of adequate size, minimize lia-
bijity, improve public safety and impro'�-e the quality of life for
residents in the vicinity.
FUNDING SOURCE
None .
ALTERNATIVE ACTIONS
Attempt to negotiate extension of lease; fence property and indemnify
school district; abandon projeat.
ATT ACH1,11ENTS
Agreement and Pesolution
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