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Home My WebLink AboutUNA Investors, Inc - 1967-02-20 f t � 1 r 1 f / r1 • 1 ORIGINAL COPY for Master File A G R F E M E N T MUST BE RETUR �E TO CITY CLERK, THIS AGREEIENT is made between U, N. A. Investors , Inc. , a California corporation, hereinafter called "UNA" , and the City of Huntington Beach, a Ifiunicipal corporation, hereinafter called "CITY" , RECITALS 1. UNA. PURCHASING PROPERTY"= WHEREAS, UNA is currently under contract through escrows described as Huntington Valley Bank, Escrow No.101-1179 , First American Title Insurance and Trust Company, Escrovis Nos . 875102, 874.342 , 874341 , 874.291 and 874343, to purchase certain real properties more particularly described in Exhibit ' All at- tached hereto and by this reference :incorporated herein, and hereafter called the "Shopping Cent;.-� property. " 2• CITY CONDEMNATION OF INTERSECTION. IMEREAS, the City intends to widen and improve the Broolchurst ,Street north from Hamilton Street by an additional thirty (301 ) feet along its easterly boundary, and to that end is contemplating filing an action against oviners of record of all lots in Tracts 193, 211 end 223, City of Huntington Beach fronting on the Easterly boundary of Brookhurst Street. 3. UNA contemplates a commercial use of their proper- ties , and is willing to dedicate and improve their properties fronting on Brookhurst Street. 4. This area is commonly known as ' aicyclopedis sots" These lots are all substandard according to the City Ordinance , and are not by themselves legal building sites. Therefore , 1 . , r parcels which have been subdivided in this manner have created a hardship end problems for development. NOW's THEREFORE, in consideration of mutual �.�romises , the parties "agree as follows : 1 . City will pass a resolution t22 widen and improve Brookhurst Street to its ultimate right-of- way, along Tracts 193 , 211 and 223. 2. Condemnation of Thirty (30 ' ) Foot Strip. City agrees to commence an action in eminent domain against owners of record of all parcels of land within Tract 193 , 211 and 223 which front on Brookhurst Street and wrliich are not part of the shopping center property. In this connection City shall take all appropriate action to acquire immediate possession of said parcels of land to be condemned. City agrees to acquire title to each parcel or lot condemned in its entirety. City further agrees to declare all lands so acquirad, to the extent that they are not actually utilized, as part of the intended roadway) to be surplus properties and to Immediately transfer said surplus properties to UNA in consideration of UNA' s undertakings in this Agreement. 3. UNA will be responsible for pursuing the eminent domain action, and in that matter be appointed to carry on as Special Counsel for the City. UNA will pay all the cost for obtaining the right-of-way and the improvement of said right- of-way, 4e . Condemnation of Intersection. City agrees to diligently prosecute its presently 2$ t� r •M filed action in eminent domain, Orange County Superior Court Civil Action No . 139717 as described in Para;,raph 5 of the Recitals to this Agreement. In this coruaection City shall take all appropriate action to acquire immediate possession of all condemned parcels . City further agree; to declere all lands so acquired, to the extent that they are not actually utilized as part of the intended roadway, to be surplus properties and to transfer said surplus properties to UI'dA in consideration of UNA' s undertakings in this Agreement. City shall pay all costs , awards and judgments incurred in said condemnation, except that UNA shall reimburse City for the amount of the award or judgment assessed against City by reason of its condemnation of Lot 22 Of Tract 193 , or UNA shall reimburse City for the amount paid for said Lot 22 in settlement of said condemnation. City fur- ther agrees that it will make all street improvements on the condemned property at no cost to UNA. 5. Access, City agrees to permit UNA and its shopping center property, service station parcel , and newly acquired surplus properties to have complete and. unrestricted access to Brookhurst and Hamilton Streets . City agrees to take whatever steps are reasonably necessary to insure that all pipelines and other utilities oil the surplus properties and on the propos- ed roadway- are placed in permanent underground locations in such manner as to permit free and unrestricted vehicle access to said abutting streets . 6 , Reconveyance of Trust Deed. UNA agrees , immediate- ly upon acquiring title to the shopping center property, to cause the beneficiary of record and the trustee of record finder the Deed of Trust of record :recorded as Document No . 13719' in 3• Book 7424, Pages 714 through 716 inclusive, Official Records of Orange County, California , to execute a partial reconveyance of said Deed of Trust releasing; its ' lien from all of the en- cumbered city property. This shall be done at no cost to City* 7. In the original subdivision of these properties there were right;--of-way easements dedicated but were never used, and to facilitate the development of these properties , it will be necessary to abandon these right-of-ways . The City agrees to take whatever steps necessary to abandon the right-of-ways within this parcel. 8 . Conditions Precedent, All obligations of each party to this Agreement are conditioned on UNA' s final acquisit- ion of title to the shopping "enter property and to the closing of the purchase escrows described in Paragraph 1 of the Recitals to this Agreement. AV, D�ted : • �, 1i'� 19670 U,N.A. INVESTORS , ,I dC. , a California c1111�e tion 1 UNA CITY OF HUNTINGTON BEACH , a Municipal cor yore:ti on I►iayor ATTE t Ci Cly er CITY J r r 1 I � ' 1 I 1 . 1 r . ING "qo City o Huntington Beach K. DALE BUSH _ CITY ATTORNEY PAUL C. JONES n ~` � CALIFORNIA92646 P.Q. BOX 19� CITY CLERK BETTY DIEKDFF TPEASURCR COUNCILMEN Februor 16 1967 DD INISTRLLVE Y � ADMINISTRATIVE JAKE R. STEWART. MAYOR OFFICER TED W. BARTLETT BRANDER D. CASTLE ALVIN M. COEIJ ASSISTANT ADMINISTRATOR ER14EST H. GISLER N. JOHN V.V. GREEN DR. HENRY S. KAUFMAN DR. DONALD D. SHIPLEY Honorable Mayor and City Council and AP p�'L1J IiY CITY �'�UhiCIL Boyle Miller, City Ell. Administrator, -- 9 City Hall, Y9•...... Huntington Beach , Calif. . ....... ... ........ .... . .. Gentlemen; This agreement pertains to a parcel of land Which is to be purchased and developed by U , N.A. In- vestors . In order to dedicate and improve Brookhurs•l , several parcels tftey do not ot-m must be condemned. They (U. N.A. ) are willing to do the legal work and pay the expenses for this condemnation. This will, at the same time, help the City financially on our present condemnation at Hamilton and Brookhurst, We have agreed to a similar procedure in the past with Luxury Homes . � Resp`ECtfu ly, ,GEOAG IBATA, Asst. City Attorney I r JAMES R. WHEELER GS 'h DELBERT G. HIGGINS DIRECTOR O/ PUBLIC WORKS FIRE CHIEF KENNETH A. REYNOLDS FRANK B. ARGUELLO PLANNING DIRECTOR VINCENT G MOORHOUSE I FINANCE DIRECTOR LIFCCUARO CHIEF NORM WORTHY JOHN SELTZER RECREATION 6 OLLIN C CLEVELAND POLICE CHIEF PARKS DIRECTOR BUILOINC DIRECTOR yk i