HomeMy WebLinkAboutSecurity Fore Corporation - 1964-06-17 r
AGREEMENT
a THIS AGRE VENT made and entered into this /Z' day of
1964, by and
BETWEEN
CITY OF HUNTINGTON BEACH,
a municipal corporation,
hereinafter referred to
as,
CITY
AND SECURITY-FORE CORPORATION,
a California corporation.
hereinafter referred to as,
CONTRACTOR
W I T N E S S E T H^
Wh'EREAS, the City of Huntington Beach desires tc extend its
flood control facilities; and
WHEREAS, the Department of Public Work's study indicated a need
for a flood control channel and Pump Site in the vicinity of Atlanta
Avenue and Beac',ABoulevard, the legal description of which is hereinafter
recited; and
WHEREAS, SECURITY-FORE CORPORATION intends to subdivide adjoining
land; and
WHEREAS, the subdivision is in need of drainage facilities;
NOW, THEREFORE, the parties hereinabove described premise and
agree as follows:
1. The legal description of the land upon which the flood control
channel and pump site is to be built; is as follows:
s
1.
All that portion of the West half of the Northwest quarter of
Section 13, Township 6 South, Range 11 West, in .the Rancho Las
Bolsas, City of Huntington Beach, County of Orange, State of
California, as per map recorded in book 51, page 14, of
Miscellaneous Maps, in the office of the County Recorder of said
County described as follows:
PARCEL 1: FLOOD CONTROL CHANNEL RIGHT-OF-WAY
BEGINNING at a point on the North line of said Section
13 distant N. 890 371 06" E. 490.00 feet from the Northwest
corner thereof; thence S. 00 401 1411 E. parallel with the Westerly
line of said Section 13 a distance of 1690.61 feet to the beginn-
ing of a tangent curve, concave Northwesterly and having a radius
of 54.5o feet; thence Southwesterly along said curve through a
central angle of 430 361 1011 an arc distance of 41.48 feet to a
tangent reverse curve, concave Southeasterly, and having a radius
of 90.50 feet; thence Southerly along said curve through a central
angle of 430 361 1011 an are distance of 68.87 feet to a tangent
compound curve; concave Easterly and having a radius of 272.50
feet; thence Southerly along said curve through a central angle
of 430 581 29" and an are distance of 209.15 feet to a point on
the South line of the North half of the Southwest quarter of the
Northwest quarter of said Section 13; thence along the last
mentioned line N. 890 361 5611 E. 283.80 feet to a point on a non-
tangent curve, concave Southwesterly, and having a radius of 272.50
feet a radial to said point bears N. 450 211 17A1 E.; thence North-
westerly along said curve through a central angle of 300 051 44"
an are distance of 143.14 feet to a tangent reverse curve, concave
Northeasterly, and having a radius of 122.50 feet; thence North-
westerly along said curve through a central angle of 740 041 13"
an are distance of 158.36 feet to a tangent line parallel with said
Westerly line of Section 1.3 and distant 600.00 feet Easterly; thence
along said parallel line N. 00 401 14" W. 1790.05 feet to a point
on said North line of Section 13; thence S. 890 371 0611 W. 110.00
feet to the POINT OF BEGINNING,
PARCEL 11: PUMP STATION SITE
BEGINNING at a point on the South line of the North half
of the Southwest quarter of the Northwest quarter of said Section
13 distant N. 890 361 5611 E. 381.13 feet, more or less, from the
westerly line of said Section 13, said POINT OF BEGINNING being
also on the Easterly line of the proposed freeway frontage road,
said Easterly line also being the Ea,,,terly line of Parcel 2 B as
described in Orange County Superior Court Case No. 123-368 entitled
"People of the State of California vs Talbert et a.l." a lis pendins
of said action is recorded in Book 7021, Page 424, recorded A.pri,l
27, 1964, Official Records of Orange County; thence along said south
line N. 890 361 5611 E. 145.27 feet to a point oi.. a non-tangent curve,
concave Northeasterly, and having a radius of 272.50 feet, a radial
to said point bears S. 450 211 1711 W.; thence Northwesterly along
said curve through a central angle of 240 561 04" an are Ustance
of 118.59 feet to a point can a line parallel to said south .line;
thence leaving said curve, and along said parallel line S. 890 361
5611 w. 99.94 feet,'more or less, to said Eas•;erly line of the
proposed freeway frontage road; thence 0. 90 501 39" E. 101.37 feet
along said easterly line to the POINT OF BEGINNING.
2. That the Northerly 30.00 feet of Parcel I will be rededicated
without cost to the City.
2.
I
3. That Parcel I. exclusive of the northerly 30.00 feet, consists
of 5.3746 acres.
4. That Parcel II consists of 0.2699 acres.
5. That the tubal amount of land to be acquired by the City by
purchase is 5.6445 Rcres and that the value of land at this location is
$30,000.00 per acre, making the total price of all the land described as
Parcel I and Parcel II above $169,335.00.
6. The contractor's development consists of 32.425 acres which
he is subdividing into 330 lots and which is Tract Map 5581.
7. The drainab� fee for drainage area Number 7A is $12.5U.,00 per
acre.
The drainage fee for the contractor on his present development,
Tract 5581 which is within drainage area Number 7A, is $40, 31.25.
8. The City agrees to purchase said parcel from contractor-owner
for $169,335.00 according to the following terms:
(a) A set-off of present drainage fees ($40,531.25) and any
future drainage fees sct-off to future development, of aaid
contractor, which is located within this drainage area.
(b) Payment to the contractor of all drainage fees collected by
the City from other development within drainage area Number 7A.
(c) The City will only be obligated to pay the contractor when the
Gity has collected drainage fees from other developments or
projects. At no other time is the Gitd obligated to pay the
contractor monies for the purchase of said land...
(d) Contractor agrees to pay for policy of title insurance and the
necessary escrow fees.
(e) The closing of the escrow will be on or about ten (10) days _
after the approval of the Final Tract Map submitted by the
Contractor to the City.
3.
A&
It is mutually agreed that this contract shall extend to, and be
binding upon the successors and assigns of the respective parties hereto.
If any term, covenant, condition or provision of this Agreement
is held by a court of competent jurisdiction to be invalid., void or
unenforceable, the remainder of the provisions hereof shall remain in full
�4
' force and effect and shall in no way be affected, impaired or invalidated
thereof.
y
'4 IN WITNESS WHEREOF, the City has caused its corporate name and
seal to be hereunto annexed by its Mayor and attested by its City Clerk
thereto duly authorized and SECURITY-FOP. . CORPORATION has set its hand
as of the day and year in this Agreement first above written.
; E
CITY OF HUNTINGTON BEACH,
a municipal corporation,
Mayor
ATTEST: '\
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City Clerk
CITY
SECURITY-FORE CORPORATION,
` 1565 Talbert Avenue
Cost.-. Iesa, Callf'ornia
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Secretary
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