HomeMy WebLinkAboutCity of Huntington Beach - L.C. Smull - 1980-05-12I
AGREEMENT
THIS AGREEMENT, Trade and entered into this ?�day of
_ �7"
1980. by and between the CITY vF HU1iTINOTON
BEACH, a municipal corporation .in the State of California, here-
inafta*r. referred to as "CITY," and L. C. SMULL, hereinafter
referred to as "REDEVELOPER,"
R E C I 2 A toS ::-,'
;.
I." ; _CITY, OF HUNTINGTON BEACH REDEVELOPMENT AGENCY has entered
t•
Bement with REDEVELOPER for the Warne r/aolaenwest ,
into an agreement
r'
Rede.valo meet .1'ro ect • and
-REbEVET.OPER owns a large portion of said area. to be
develop(!,d. Paroe1 a of land adjacent to REDEVELOPER•' S pac,cels, are -
included iri said, redevelopment project; and
CITY OFHLJNTTNGTON BEACH AGENCY• has filed
emiiien`ti domain aot'ion against said adjacent Xandownera��ir,, order
`r4•r
� f
to -acquire and sell t: a par.pels to REDVELOPER...for purpose's of
me rg,,r with REDEVELOPERS parcels; and
iE'DEV ,uOPER desires that CITY abandon "its unimproved, public
s
streets (p&-_)4t, street-eaRements) locat...d on the 'condemned property
'
so that REU5�ELOPER may',•immediately process development plane :and
.,
tiia pzroperties; and
,merge
.,o ,
5. CITY OF HUNTIN GTON BEA Oil REDEVELOPMENT ArENC. has-obtaire:d
:► , ,•' ;-
:
a aoi� t.order for:; immedtate possession oR 'ttie Bald ac�Jacent;'parc�ls'
i r' � 1
v� _" !,
(Pending `the; eorclusion. of the eminent domain proceedings; andba
,
8/ 6/ 80
fist .�'__.._. l....
_ _._.. _. ..I 1 ..r .'.1 ,. _._ .__ ._......_.,��.,.1......: ri.L.........: ••--e.._.._
14'
G. One of the owners of the said adjacent parcels Ms
filed a cross -complaint against CITY OF HUNTINGTON BEACH REDEVELOP_
MFNT AGENCY challenging this validity of the Redevelopment Project
as a proper public use for eminent domain action; and
7, If said cross —complaint is successful, and CITY has
abandoned V street eam.aments located on the condemned property,
then CITY..mfay have to rean,quire the aud nd'oned easements by pur--
..�; chase with 'CITY funds,
'
NOW, THEREFORE, it is agreed by CITY and REDE',TELOPER as
fcal owe:
In consideration, of CITY abar_duning its street. easements
located on said conderned parcels prior to CITY OF HUNTINGTON,BEACH
y
RLDEVELOPMENT AGENCY'S successful to rm inat�i'or -,of'`said eminent d6,iiain
action fot' the .benefit of -REDEVELOPER so 'that , REDE'VELOPCR may m'ere
sal,.,.: parcels with his own paruela, REDEVELOPER.shall reiriUi:rae . CITY'
•
for all of 1 CITY' S costa in reacquiring sa�.d public '. reef Ys serpent s
dub jelct. to tie foli_Uwing conditions:
said condemr►ee s rare succe ssf' I in the &:r said . eros s—
ccmplaint.
2 CITY`t.ncurs costs in reacc,' icing said rubl'ic street.
Imo`; eazement s.'
IN WITNESS WHEREOF, the parties hereto haVe caused '';this:. a;ree ('`•1
merit to. be e�c'dcu edby- and whrough°'their' au`-;hor? zero officer's 'the
., damonth
t, +
Y, hand yeP.r fir botre written.
mont
Ca TY OF HUNTINOTON BEACH "CITY"
on
A;r:
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City'Clerk ,: �� , ,.r<., C Y tto ey �+
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a- WARNER WlS7r.-?5BU0G AM J —J'
A VENUE
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77
NO
rodw No. 12 A 161i"
smaw N9. 129 7)92-44
Lem Me.
YMEN PIECORDED MAIL TO:
L. C. 3MIL
as Fropextias,
17631 VLt'ch
Irvines Ca. 92714
$PAU AU0V1 THIS LW4 PCHt NOCURCOM-1 Use
MAIL TAX STATEMENTS TO:
04"WARY WM" TAX f--
AIM-ADOMSIR WV%Wq6fFC1WWWWWm;CFq
Cumpusd an of oomkiwod" or V16A 1W 110ft W avurnbomft
TwWrig Pt Wm of Eft
AP #142 231 42
CORPORAT30N GRANT MID
FOR A VALUANLIE CC" MRATIM, M00t of whigh Is hwAPY m&nwA8dW-
ClTr Of SMUCTON WACK, a iumlelpal
Ww"Imm WWW ft Ism of IN WN of Califoinia, dam hwaW
G%^,NT w' L. C, IMLL, a imarrIed suc
mW md P1 ty ks dw C*, of HunticStoa leachp
County of UrLfte S%W of Cal"Wr4s. dm a
Lot. 1-04 in" -hewn
'BloA- C of Troct No. 392 -on a map mi-arded in book 16, pago 5 of
Hiscillansous Xsps, rer4ords of Oran.—L-otmty, California.
Uceptit4 theimf land but
ram all rater under 4414 without rilght of surface antr�
to raw.'Oe rommi.
"a arantem:-hersin acw"'Umits by and for himelf, tail heirs, executoraj,
&ad As6l"W' '" all Paroms C14#006 WWGC at .through them, tb4t
there sh4li-,,be YA diserlat;;,tia.1 against 6i, BelTs"tIon of 0 any Versawor greup
of persons on account of racej color, creed, relill�n, iffa, marital stetus. Untional
or i4cestry lj�'the sale, , lease, sublease, iranef or, use-1,jaccupancyl tanure
lalrigin,
.."or,enjoyomt of the yommisom here.1i convaTedo nor whall tha grant" himself or any
psisoo claWcg ut-Agr or thrcuSh h1m,- smiabit;h or perwat any such practice or*
prActicas of discrImAnation or sagregat4oft With..rofereace to �ths efilwatlai" locatton,
uumbert use or occupeacy of tematoo 1�me:ssj nubtenants; subliessees, orovandees.
","Llm
In tb& Promises heralm conveyed, for go ng c6VOWMIts shall run vith the ImW.
&obJ@ct to ememmutto CWWWQi%8j4i4Wtr1Ct1oamj reservatioamp 0&84mmtx and rIghts.
Faisruary' 12 ;950. CITT OF WWXWTOW, 52"Zo a Imelicipal,
Z
TV or cam OWMA
gg
/ Af I I
gum
city CT*rlt,!
am fA to A"Wilm is 29 mEl
am P i IlLfift-mm 1* W& VW70
bow of U we
a
NOW of ean m
W4 Ifewl,
TAYj CrATMEWs'114, I
4
Charleo im.-V 1. 1: loill lio N... I
Rea I Prip, crt,.�, Aff o r%& t
liedevolopmoiit Dead S za 1) 6 a ti (I D-Ilu
Deaver)
At t a Clied J r, .;'i61 a 1) p r o v e d dood from''t--ho
,exicyl luo 8jintill...
ilgi.,nt Ar Ptur'"41,1111; b() W10''' P-O."t; j.C!.ljlZttl
ResolutioniL) of'
anting as tho Redo' e:Lor.,;;ioiit Agency. rtrid flosohit;loji 1,' of
v
1;1*jJ.s,de&d need not IJL-.': fUl 1;boi- approved b,
exec*�itlon bf documents caml. -ijistructlotis a! v
de.e.d.. to carry out lu-hq�., Partliclpaluioa Agrc_,er.w,r,.!;, luv.,:3
anLor 'L,,, th,,� city actinC..'e-c. :1 'k; i
au'bllcYri:.Ied:. The UrL V C'. L 0
a-^ and the deed -iould t i.,, ,
,:�ncy
R 0 D E R T S A 14,5 IT h-,
DO p u ty City A IL t o rn o y Y,
Hr):.bc
A t; )iHiellt
GAIL )ID'I"VOIN
C j. ty V Il
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A!A
Esorqw No. 127 7264 3H
Loan No.
WHEN PECORDED MAIL TO:
L - C. 'SKULL
11miness Propertil.-N3
17631 Fitch
Irvine, CA 92714
MAIL,--�-AX STATEMENTS TO;
' "AME AS ABOVE ADDRESSER
3
L
A.P. NO. 142-252-53
jr
'VAN& .oval
5PACE ABOVE THIS LNE fan RECOROER'S USE
DOCLMWiTARY TRAMFER TAX
.....Comoputedcm the cam"mionoevolue of p;openytonverved; OR
...... C00WIted an the conglolieref Ion *tvslu@ Im lions or amumbremn
mmaining at time of We.
Signature of Dealwant ce Agqnt cho-terrydnIng ts;i-- Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, re-calpt of Which Ir. hereby acknowledged,
CHY OF RMINGTON BEACHs a %atinicipal curporation
'NT(
Winky ORA to
L. C.-SMULL,''a married man as his sole and separate property
tho r,%)I, property'..!':'i the City of Huntington teach
C 'i-1 of State 6f California, dmribed m
oun
Lots :14 and 25 in Block D of'Tractft. 392,-al abou-n on.a M4 recorded in Book 16,
Page 5,of Miscellaneous Mapm, recoids of Orange County, California.
"T TO:
SUBJEC
-T,axes for the fiscal year 1979-1980, a lien not: yet due and payable.
2 Covenants ec;nditions, restrictions, reserv'ations, easewnts and
ilghts' of way'af redord, if any.
AFPAOVED AS TO FOMIX
GAIL HUTTON
City Attorner
By C:
34ut Ity Atto-Ar
Ocfober-23, 1979 c1n. Or —
Dated
tjLo
muplei'al 'corpora n
P.,
R Mai
E
ftsue
7
USE CORR=" AL JVmT 10M
It
NMI
."ZIRECTED A100V I
-m� tr:,,
Z7 Z.
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C- D-
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PLACE
N
HUNTI GTON
'r Pee
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Aj r
T
NOTE: SHf,%WM AS
JW
6 17 IS'
s
6- CLus tfo-ise GROWD
-7:
locl/CiZ
ON RECORD MAP
99.
07 63 lcl: 1.97 C
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;21112Z - x A i, IF
tic 1 4 115% 1 17.; 73 72 7; 70
fJ r:d -63*-
98 .8,3 .521SI SO 74' q 77
V CS 107 -,.75'joj40j 1017 174,
TRAC
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Van'
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RE-40ard"0*16N NO. 19
RESOLUT1011-OF THE REDEVELOPMENT AQENCY OF THE
CITY. -OF, RUNTINGTOR, BEACH FINDING THAT ThE
'CONSIDERATION FOR THE�SALE OF CERTAIN REAL
14WEST'SMALL LOTI
PROPERTY INITHE WARNER GOLDE.,
REDEVE LOPXFRa.,._rHojECT. IS NOT � LESS, THAN, FA IR
LUE IN ACCORDANCE WITH COVENANTO AND:
! It MARKET 14 .110
-SUCH SKLZ
CONDITT4,69S'GOVERNINQ ' t j APPROVING,.THE
ACQUISITION;', AND'. SALE Oiy,SA:rD PROPERTY PURSUANT
TOI,A, PARTICIPATION AOREE'MENT WI�-A L'. C. SMULL
TCI
AND AUTHORIZING THE'EXECUTION OF SAID PART.
PATION ATREEMPINT
WHEREAS, the Hedaveltzpment, Agency,:-�if the, City of Huntingtoin
B a "Age'n'by") is, ehgaged. In activitisa necessarylto exel-
oh;: the
adta and impldment the Redevei6pajent. Plan (the "Redevelppmont
Plan"), f or .6the Warner-Golden�iaaf '3ma"11 Lot Rk','evel6pment Project
he, "Proj eat" of the,City of Huntington, Beach
p"' t io' A.
.(the "Project, Area"'); atid
�impl
In order to,' ament the Redevelopment Plan,, the Agency
propoaes,Lo &64uire.und sell citrtain reAl property (the "Prop -
the Pr'9, n
;arty :in ject Arca pursuant to 'the terma a d Orovisld,�'s
'Age'
of a, Parti'61pation Agreement betwe�n the nay'.and Li.,C. Smull;
and
-.,L. 'C. Smull has sub%itted to the,,;-Age'ncy,.a writtbn offer in
the form of said Par'ticipation Ae'ra�ement--'tp purchase the Property
for,,not 'le5s, than fair market. value for useq in accordance with
-,,and 'th6' covenants and conditions of said:
-the Redevelopment Plan.
a r Vi G i psk on Agreement;.,and
:The proposed..-Partic Agiteibment -contains all the pro-
'1510hs 6 �M'' u and* 6ondltions: an d obligs�tioha required by, at" 'e'
and
and 1o6a1,.1aw,,
-�.C. Smtill a th6 g4alifloations and finahoial
.,Possesne
readui-abs,- necesmary to aoqu'ire, and'! 16sure t f the
developMen o
�,propert n aoc9rdad6i. with the purposes and obj6ctiv6i,-of th,'9
0 A t Fla
a Aveiopm n; and
MT:'r) s
1.4
I I -
1040"1 "taro "WOM I%" 604"M 0. -4. -
tee'
For all purposes of the California Environmental Quality
Act, all public and private acttvities or undertakings pursuant
to or In fartherance all a redevslopment plan constitute a single
project which ahall be deemed approved at the time of adoption
of the redevolopment plan., and
The proposed development is..covered by.an environmental
U�padt report for the Project foi, wfiich a NotIce of'Deter.m1natJ-,v1
was filed on Augtist 3. 197% and the Agency finds and dotermines
that there have not been' any subitahtial changes in the ProJ,ect
which would require another EIR; and
f
Pvrsuant to,,the provisions oA the California Coimnunity
Redevelopment Law, the Agency, together with tte Redevelopm'ant
Commid'sib'n of the City of Huntingtoll'. Beach held a joint.'public
hearing on the proposed acquisition.and sa'"Le of the Propertv and
the prop,azi.-d- Participation Agreedent after publivation of novice
as,required by law; and
Foilo'w4ng.,such Joint public hearing,, the RedO.velopment Com-
missi6n recormended. that the Agency approve the Participation
Agreement and
19
The., duly cons ideved all terms and conditions o,.,
t P
he roposed sale and bilieves that� the redevelopment of the Prop-
Lerty pursuLaiit to the proposed Participation Agreement ismin the
i4fety,, morals and
beat inte eats of, the City and the healthi s
..'Weikare -of i t a residents and in acciord with the public pu'rposas
,and provisions of %'ipplicable state and local law;
NOWO TE'EREFORIE 0 the :H,edevelopment Agency of the City ol'
�Ur`it,ingt.on teao'h does read"lVe 1.1 follows:
-h V'the
Sao on 16 The, Agency. hei�eby finds and detirimines a
corisideration for sale of theiProperty pursuant 'to the Part-Icipa-
tion- Agreement constitut.6a a fair --and `e�q,uitable price fo!o the
Property.accor'ding to Its value, --.for reuise a�d'ls 'not loss-th6h
th'61 r'a'ilr na'r'k'eb__vtLlue'6f the Property for uses in;`accordin"6e
t:� idove lopmeint' P IL%n and the Owner� Participati6n.Agreement.
wi'tP. id� 1e.
24
U4 0
Ar
Section 2. The acquisition and oale of the Property by
the Agenco-to L. C, Smull pursuant to the �articipatlon Agree-
ment ls.hbreby approved.
sectlon Tho Chairman and Secretary of the Agency are
horeby.au.thorized to executo the Participation Agreementl and
are further authorized to take all stepts,and to isign all docu-
mants and instrud'tions (including but not limited to the grant
dead neostsmary t6 Impl6ment and carry out'' the Fartic 1pation
Agreement on behalf of the Agency.
PASSFJ) AND ADOPTED by the Reaevelopment Agency 6f the City
of Huntington Bn6ch at a regular mdeting thereof held on.the. 3rd
day of October, 1977..
Chairm for the.' fYvdevelopinen,t
-Ag n'ay of the
e City:oif
Huntington Beach.
AT�EiST-
ment
ork f o r. h e, Redevelop
REVIEWED AUDAPPROVED:�' APPROVEb AS TO PORN:'
1�17
Executive, Officer Le�al Adv1sor.,
iMITIATED
AND OPROVED'
AS *V0' CON'T'ENT:,
PlannIng,, DIreator
e6ij-r- -7EUYecuta
" W11 11:1. el�
34
ROD. 1'.0. 19
CTATE OF UALVORM
a'�m OF Omni
I ALICIA M. WWMORrRo Clark
of the RedQvr'jopw*nt Agency
of tho eity of HuntiuStorn 13"ch, California, DO RIUM GrutTIFY timt the
foreSoing resolutivat was ftly adopted by -the
Redevelopment Agency of the
City 6f Hu�tlugton beach at a mseting of
said Rodavelopmnt hgency hi6ld
on the 3rd day of October,
197 7 and that it van so
ddoptod by the follaving
AYES: Membar�.
Bartlett, Wieder,'Coen, Pattitimon
WZS:,, Members,.
it's 1 *1
1"; 1 j A.5 I Gibber, Slebart-i-iv, 1-n w,
401
t;l
JASSUCY., ot 0ii-Icili"Y"'bf
Huntington Boach
V
o .
CMA4
k Iu* fit). 129 8475 4il
to! 11 NO.
%WEN RECOnli MAIL 70:
L.C. SHULL
CIO BUR111038 Prepartiva
17631 Fitch
Irvine, Californin 92714
Attn3 Chuck W1
MAIL TAX STATER11i. TO: PACK AGOVII T14t$ LINE Fcn rigeamogni uss
r 10MORY Iriff"I Tfi(
...... Carn-3utcl ui the cont'ducticn or visoje of IvLvwty twwri orl
can -Atari oa the rzwkjw*v.cn rA vaus I" 112rn or amuntal.mm
runsInjow, as t(rre of sat.
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDE FIAT 1PN, Mcgipt of WnIch Is hpreL�y acknowlWgriV.
110TINGTO'N DEACH NEDEMOPI-MiT AGMCY, and CIn OF Il1JNT1Nr-TC,?4 BEACH, a zwjnicipnl cor?aratlon
WWftu*i orpnlvd under L4,j lirms of the Staiet of Calff2rnla does ItoreW
GRANT to
L.G. SHULL, r amrried =n #,a Uts aule. and sapnrate property
the real propswly In the City of Huntington Dvach
Cojnty of orstigo stat" of CAW0111118, dwrii. ff�
1,otB 71, 103, 115 ond 116 in Block C of Lato 32, 51r, %10:, 62, 51, 64, 74, 9.2, eu%A,
96 in LlocL- D of Tract N,7. 392 -go aliown on it Hap recorded In 1knok 16, ragn 5 of
AAacellai Hap@, records of Orange Cuunty, Callf�irnja
A11FROYED �AS, TO 10,PJI
3TATE OF (ALLFOWILk
j F.
couny OF ORAW
r1ol day of 1,9 po before =1
On thib arocnally appeared
C ii �nd State, p
R Notary Public in &nd for as r. uj
.r, known to me to he the Mayor and
Aire to be the City Clark Of the city
known to me
,a within
of Huntin ton Batch, the municipal corporation t1vat executed th
be the persons who executed the Wit'.-IiTk
instelmnt, known to me to I
strui on behalf of said municiP&I corporation and acknow1bi1gnd tu
m that such municIPA! corporation executed the sme,
0MCIA1, aAL
1'. BROCKWAY
I i - 0 -.-, i .. . — 1. r
T\ 7
C:! iii ry
I Vd'�% 114t. 10, Bell
Ps. .11
Waft
OUR
k !A I 10�V ?J 11 L29 060% ;If
Loan No. I I
MWJ RrCOPIOC-0 MAIL TO:
L. C. SKULL
c/o Busineva Praportles
17631 Fitch
Irviaw, Cdlifornia, 92711
A-Vii! (Ittlek Ball
PACK AGOV3 ThIS LINg PnP 111111COADER'll Vill
MAIL TAx sl'ATEPAINU TO:
DCCVW.K,ARY —.rVr4ffR TAX
...... C&MPL;tsdor. thos;0ruidtfstio.1 C(v3lwqof tw%vartycWtYbyed. OP
Cnmqulad an 0,4 comhWWon cw value low llrns cw en"mLnuxes
vwn:-n1r.a es Oro of ttla�
CORPORATION GRANT DEED
FOR A VALUABLE CONSIDERATIPtJ. rece;pt 0! M. Idl Is haraby *0ncw1odvd.
IfMCINGTON BEACH RZDZVZu*01qfE',r.' ACKN�,(, and CITY OF HUNTINGTON XEACH. a minicipal avrporation
mow,maAlw orCW-.@d widef the law of the Sate -j'i California dtm hwvby
GOANT in
L.C. SHULL, a vLarried tun an his sale and oeparate property
rest pm , pthy in flia City of ItuntizfVton, Beach
County of Orange Guite of C&I[forals, dalcribw w
Lots 71, 103, 116 and 1L6 in Block C of Lotu 32, 57, 61, 42, 63, 64, 7'A 97 and
96 in Block D of Trect No. 392 as &:iown on a Nap recorded in Book 16, of
Kincelianeoux Kap3, records of Orange County, Ca—'i1fornia
AFFROVO AS 10 Ir-lui
CAIL IfUrIOX
City Attarmay
AtItarwr
Detel Z-
Jw
ciry OF MUNT INGTOR BZAI���
STATS OF CALIFOR141A
r0i
ML
I
Z Pi.'WTN=N EACH Rrb=!�'-
A , 11Y CWU*W
00. 61
wmy 1. d
— A
owww"Ov By 42U� W
C17Y CIM
:Molft " 0110 " be 000 Sammy of
*a 0ollaWeelm %d V=WW WW *4mAllel 101POWWAMS, WW 11APM
IN I" is be ON 00 *wl* WOUWAR on
~90ft - as~ I* cm
to M* wpWi*111% bwmowl
he
lV*ft Nye fa ".4!j- ow I
11144 W")
MAIL TAX STATEMENTS AS WRICTIO A11WOVI
7--7-
f E. SAO9--rAF
HMTINGrON
an
6A
03
fret fig 11M
fa I let rZ2 I?Mlz 1.
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A
WARNER
AVENUE
01
RESOLUTION NO. 4076
A RE�-_MLUTION OF THE CITY COUNCIL OF THE CITY OF
lime""AaTON BEACH APPROVING CONVEYAPCE OF CERTAIN
REAL PROPERTY TO THE REDEVELOPMENT AGENCY TO'EF-
FECTVATE THE PART.-;.CIPATION AGREEMENT BY AND BE-
TWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINOTON BEACH AND L. C.- SNULL
7.11e City Council of the City of Huntingtol-! Beach h2reby
,IesolreH ars follows:
SECTION I., The City Council of the City or Huntington
,Beach finds and declares that it is in the cominon benefit to
convey certain city -owned real property to the Redevelopment
Agency of the City of Huntington Beach and hereby ap1,L1ovC_S
sale or such city -owned real property, more part.-I-cularly de--
Beribed as' rolloys:,
All of that certain property in the city of
Huntington Beachi, County of Orange,,, State of Cal^'
fornia described an follows:
Lots 71, 103 1151 116 of Block 11CII and Lots
320 57s 612 92', 6309 6.4, 74j, -.)29 96 of Block 'It," of
Tract 392, as shown on a map recorded in'Book 16,
page 5 of N18cellaneouis Maps,, records of Orange
County, California.
Upon conveyance of the subject real pr(,perty, pursuant to
said ?articipation Agreement, the city shall be paid the purchase
price thel';eof, In' the sum of Ninety -One ThPiAsand Four Hundred
Dollars ($91,400).
SECTION 2. Pursuant to Calirornia Government Code section
65402,9 a public meeting was held before the Planning Commission
at which time It wa�T-,,determined that the Redevelopment Plan rov
the Warner-aol,denwest Small Lot Redevelopment Project c'onforriied
t a tho city's general plan.
N
and paragraph 104 et seq. of the Part,121pation Agreement by
and tietween the Redevelopment Agency of the City of Hunt",ington
Beach and L. C. SinuIll dated January 5j, 1910.
PASSED AND ADOPTED by the City Council of the City of
Huntington Deach at a regular, meatIng thereof held on tile 19th
day of May, 1980.
ATTEST:
ALICIA M. WENTOORTH, CITY CLERK
ipwTy city
'REVIEWED AND APPROVED:
et 4m
7vy Adminlatrator
Mayo r
APPROVE0 AS TO FORM:
ty Aftorney
INITIATED AND APPROVED:
Director 6f - Publi-c'PoPk-s
JMMLcmrn�
ro/v
rZ
t Is t7
13
s
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A/C 454'
A VENUE
No. 4876
SUCK Of CALITMIA
COUM or ORME
CITY 07 HURIMTOW hKAGM
is ALICIA M, WENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
Uty Council of said City, do hereby ccrtify that the whole number of
membern of the City Council of thc City'of Huntington Beach ia Reveti;
thdt thC foregoing reFolution was pAssed and adopted by the affirmative
vote of wonr* then a majority of all the ix.mbeirs oi naid City Ccuncil
at a regular swating thereof held on the 19_ it day
of IPW by the following vote:
AYES: Councilman:
Upleys BMW,
NOES: Councilmen:
Thoiras
ABSENT: Councilmen:
PAW13120
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, CalifoTmia
By: &VM4 VALU
Deputy
REQUEST jR REDEVELOPMENT AGENCY AC..,11
Date A2ril 26t 1982
64ibmittod t4i: Honorable Chairperson and Redevelopment Agency
Submlmd by: Charles 14, Thompson, City Adirinistrat �/ t I
Preparod by: James W. Pi,lin, Dl,rector of Development Services
Sublem CONVEYANCE OF REAL PROPERTY TO EFFECTUATE PARTICIPATION AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND L.C. SMULL
Statement of Issue, Flecornmendation, Analysis, Funding Source, Alternative Actions, Attachments:
T
STATEMENT OF ASSUE:
The Redevelopment Agency is obligated under the 'participation agreement for the
Warne r/Gol denwest Redevelopment Project to convey parcels in the project area
upon final order o ' f condemnation to the participant under the agreement, L.C.
Smull. The attached resolution would authorize the conveyance of the property
from the Redevelopment Agency to LX. Sinull.
RECOMMENDED ACTION:
Adopt the attarlhed resolution and authorize its execution by ,-.he Chairperson of
the Redevelopment Agency arid the Secretary.
ANALYSIS:
On Apri 1 14., 1982 a certified copy of the recorded final erder of condemnation
was received for parcels 37C,, 38C and 77C within the,Warner/Goldenviest Redevelop-
ment ProJect Area (attached). The partici*pation agreement between tile Redevelop-
ment Agency and L.C. Smull covering redevelopment of this area requires that the
Agency now convey the lots to Smull by grant deed. The attached resolution
y
authorizes conveyance of the property from the Agency to Smull. The defendants
in the condemnation action have been paid a sum of $57,000 which wus deposited
Agency as required by the
ivith the court by Smull through the Redevelopment
particioation agreement.
FUNDING SOU RCE.: None required.
ATTACHMENTS:,
1. Resolution
2. Final Order of Condemnation
CWT:JWP:CC:df
r
L
r'"
L4
R,-!'.SOLUTION NO. �7
h RESOLUTION OF VE, RIEDEVELOPMENT AGENCY OF TIVE
CrrY OF HUNTINGTON BEACH APPROVING SALE OF CER--
TAIN REAL PROPERTY IN THE WARNER/GOLDENVEST
PROJECT AREA FOR RED�-'.VELOPMENT PURPOSES TO L. C.
SNU LL
The Redevelopment Agency of the City of Huntington Beach
hereby resolves as foll ows:
SECTION 1 The Redevelopment Agency or the City of
Huntington Beach here by approves sale and authorizes conveyance
of real property located in the Warner/Goldenwest Prc%ject Area
to L. 0. Smull, move particularly described as:
All that certain, property in the city of
Huntington Beach, County of Orange, State
of California described as follows: '
Lots 37, 38 and 77 of Block C of Tr ' act 392
as shown on a map recorded in Book 16.. page 5
of Mis ' pla 1 aneous Maps, vecords of Orange
County� California.
At the time of t,,onveyance of' the�"s"ubjert real. property, the
city shall be paid the purchase price thereof in t"he sum of
if ty—seven Thotisand Dollars ($57 9000) which is the fair market
value oi' such real property as auch was determined by C'ompeterit
real estate appraisals.
SECTION 2. Pursuant to California Government Code sec—
tion 65402, a public meeting was held before the Planning
Commission at which time it was determined that the Redevelopment
Plan for the Warner/Goldenweat Small Lot Redevelopment Project
cont':)rmed to the city's general plan.
SECTION 3., The sale of such real property,shall be pur—
auant to!'the Redevel6pment Plan, adopted by Ordinance No. 2212
6hd paragrapha 104 et seq. or the Participation Agreement by and
between t,-'ie Redevelopment Ar,,,..-,lcy or the Ci�y of Huntington Beach
and L. 0. Smull, dated Januau 5, 1978.
SECTION 11 A public hearing has been held on this sa1e nnd
not'ice has been published not less then once a week 14'or two vieeks
in ancorddnce wlt-h Health and O"afety Coda section 33431.
SECTION 5. Any deed oi, othf.r instrument of conveyance shall
b.a oubJect to the nondiscrimination clauses required by California
Health and Safety Code section 33436.
A"ASSED AND AD.OPTED by the Redevelopment Agency. of the City
of Huntinston Beach at a regular meeting thereof held on tbe-3".d
day of May 1982.
Ghairman
ATTEST: APPROVED AS TO FORM:
Secretary CCity At d fie—jif
I a L
A Adv e
REVIEWED AND'APPROVED: INIIP.--�ATED AND APPROVED:
'C-Fi—er—Effic'—Utiv—e Officer Dii-ector of Development
Serville's
21
27
VATE OV CALIFORNtA ) 0
)
CqbWY OF ORANGE
I, Uicu m. Wm 10HT11, Secretary of the Redevelopment Agency
of the CLty of Huntingtoa Beach, Califoi-nia, Do 11HREDY CERTIFY that the
fuvagoing reuoluticn was duly adopted by the Redevelopment Agency of the
City uf Huntington Beach at a meeting of said Redevelopment Agency held
on the 3th dav of MMM 19 ant it was oo
and t'
mdopted by the followkng vote:
AYES: Members:
MacAll i ster, Mandlic, Fin1ejLL.BajjPy,..-Kgjjy
HOES Members:
NDne
ANEW.- Hembers:
Pattinson.-Thomas
Secretary of the Redevelopment
Agency of tho City of
Euntington Beach
a
Si*r--pi-m-.�j M, CHASM N11.1 -'
ATT011HEY AT' LAW BEACfl
1151 DCJVC !-JTIIC I: T, BLI IT r. MO- PLAP-NINGi DEPT.
14 s: ve Funr 11CAUH, CALIFORMA 9266U
- API� 1. 4 1982
(714) 1333-1841
P.O. Box 11.10
April -12; 1922 Pca,.,!,,
Charlw; Clark
City oC Huntington Beach
2000 flain Street
Huntington, California 002648
R E, RIMEVMLOMMENT AGENCY OP THE CITY Or *1UWTr1,r,,.,,,o?N
BEACH v. DRYfIAN, at al. '.00:7iC- j'Ll-2-3.9-41
Dear Mr. Clark:
Encloned please find a certified cony of the .-Pcorrled
final order of candewiation as to partels 17 - C, 30 - C,
and 77 - C.
I am inforTand that Business Properties is an-cio-,is for
the Agency to convey the property to thern.
fr�
V.- I '-*y 1\11 I ursj
0
S BIPHE CHASE
SMC:Imj
encls.
cc: HAL YOU11GI JR.
I
I
8=11DING REQu[:,t.,
13Y. AND. MAII_ 70 EXEMPT
EPHEN 14. C11ASE C2
1 STE i� 2
I" Atturne� at Law
2 1151. Duve Street, Suite 160
Newport Beach, California 92660
3
(714) a33-18,11
AIL 081
10
:1 Attorney for Plainti-Irf and named Ir . L E E A. 0 ilil 1: 47 6
V
5 Cross -Defendants
I�
r3
7
a
I
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF 01MIGE
REDEVELCIMENtr AGENCY OF THE
CITY OF 11MITINGTON BEAC11j,
Plaintiff-i
13
Vs
KARIE Tq- DRYNAN, et al
16 1
� 3.7 1
Defendants.
AND RELATED CROSS -ACTIONS.
NO. - 32 19 41
F 1 ITATI,
ORDER OF '-"ONDE,14VATION
PUnSUANT' TO STIPULATION
(Parcels 37C, 38C and
711C only)
RECORDED IN OFFICIAL RECORDS
OF ORANGE CMINTY, CALIFORNIA
,18 _1L) AM Mkq 25 '82
11 —.1 ME A. MCHI Com� P=01,
3.8 1
19 Judgment in condemnation having bt_--en e.ntare'd in the
20flabove entitled mattrz&- and it appearing to the natisfaction of the
21 1court. that plaintiff has paid defendants.. 114. Burton Horn, and
22 1:3arbara F. Horn, the sum of $41,500, and t'hat the plaintiff has
221 paid the defendants, 14. Burton Iforn and Barbara V. I lornl'by
by said judg-
24 depositing into court the sum of inoney as required
.5 -ant as juut compensation for all claims and demand's of 'defendant
26 against plainLiff on account ol taking in fee simple Lots 37 and 30
;27
of Block
oE Tract No.
392 'as
shown on
a map recorded
in "ook 16,
�0
28
Page 5 of
Misce.
llaneoua
Maps,
record.9 of
Orange County,
C"ifornia?
21
3
7
8
io
12
13
14
15
17
19
2C
21'�
22
23
24
Us -j.ULUU4 (
said property being locntcd in thn City uf Huntington Beach.
Judgment in condemnation baving been entered in the
abovv ent:�.tled matter and it appearing to the satisfaction of the
court that plaincifE has paid diafendanLs, Rodney A. Pladsen,. Ira
Smashey Rogers, individually and an Trustee. for the Kenneth K.
Rogars Faimily Trust, by deposit into court the sum of $15,500,
and that th-n plaintiff han paid the defendnnts, R. A. blat:ses, Ira
Smashey Rogers, individually and as Trust2n for the Kenneth K.
Rogers Family Trust th,, sun. of money as required by said judgmant
as just compensation for all clainis anLI demands of defGndant
against plainziff. on account of taking in fee simple Lot 77 of
Block of Tract Mo. 392 as shown on a map recorded in Book 16,
page 5 of Miscellaneous Mapa'records pf Orange County, California,
said property being located in the City of liuntinqton Beach.
IT 15 ORDERED AND ADJUDGED that fec simple ti'.Aa to the
parcels of rcal property d�?saribed in the two pa.-aqjL'ajjhqji above is
A
hereby condemned to and betaken for the public use stated in the
Complaint in this action for redevelopmevt purposes and is so
taken An fee simple absolute.
Upon filing a cortified copy of the Final Ordar of
Condemnation, with the County necorder of t1he County of Orange,
state of California, the fee simple title to the real property
described above shall vest in plaintiff, its suc6essors and
assigns.
25 IT is rURTHER ORDERM AND ADJUDGED that the dafendant,
-poration, a California cor-c.ration, have no
Waste= Mutual Coz
P. 7 'interest in thb zeal property'd'escribed herein.
2 LQ IT IS FURTHER ORDERED AND ADJUDGED tha L there dkO nO
no 7
2
20
13
14
16
17
I
E
unpaj.d i.,-oal property taxar3- assessm.ents or parialties duo and
owing to tho County of Orange on said real property iescribed
hei-.,einabove.
IT IS FURTHER ORDERED AND ADjUDGED that all 1:.*nn,
charqenj conditions nnd restrictions liptin.. 11is inter -cat. in Lhe
real property described he-reinabove including but not limited to
A1.1 real property taxes, aosasnmcknts, penalties and costs from
and aA-`.tar tha date of this Final. Order of Condemnation are
terminated, cancelled and ex.tinguished.
11P-51
DATED.--
JUDGE t!, SUPJU-1�10R COURT
L /
JIBS 111STRUMENT IS A COWN COPY OF THE 0111MINAL
0
011 FILE IN INS CUICE
At'
Zj"Aj *TrI
F1 �i
v Counly Cluk znd Clo(k d Ilip
"Urarlo,' Uvit 01 Ilia sille of C31110(rih
? Ior ItIr CNInli, it orange
n I TV
2o
21
22
,23
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.25
P.- 6
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7
24
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4F P. -ef -vee) 11 d 95
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7c 4P e.! a;, aj rl 79 "4
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:251 (2 G%
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Ir
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303
ear
Li —F nt��
rd
Jet �581 .57
A'J 4,54
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A A
MAP
MARCH TR4CT NO J9Z M M. IC - 5 ao")AI42 PAGE 25
JN COUA7Y OF ORAN17,F
C\j
(07
VTO CITY OF HUNTINOTOPM 13MACH
Xn, IN'FER-DEPARTMENT COM ICATION
To Charles W. Thompson James W. Palin, Director
City Administrator Development Services
Subiect CONDITIONS,,or APPROVAL BY THE Date February 1, 1982
REDEVELOPI-ILNT AGENCY FOR
BUSINESS::PROPERTIES
After a disc us,.,.-1'-6n with a representative from Business Properties, it
is recommended that the following conditions of approval by the
Redevelopment Agency for the de ' 'velopment of a commercial center at the
northeast corner of Warner Avenue and Goldenwest Street in the
Warner/Gol.denwest Redevelopment Project Area be modified as follows:
Condition No, 8: A detailed section be prQvided of the north end oZ
the proper-ty from Mu'rdy Park and a design arid/or
buffering treatment -be provided to mitigate the visual impact of,the
commercial center. The design and/or buffering is subject -to review
a n,.,A approval by,the Director of Development Services.
Condition No. -10: A recorded copy of tile "Agreement of Covenants
Conditions, and Establishment of Restrictions and
Grants of Easements" betwee ' n Business Properties and William Landis
shall be submitted to the staff for review arid P.,pproval.
JWP: FW: df
0
p
REQUEST K01% REDEVELOPMENT AGENCY ACTiud
&*WAW to: Honorable Chairperson and Redevelopment Agency
SubmkW by: Charles W. Thompson, City Administrator
how by: O)Tom Tincher, Director of Business and Indt!strial Enterprise
Subim:
RESOLUTION AUTHORIZING THE ISSUANCE OF SONDS FOR ENTERING INTO FINANC11%
LEASES OR AGREEMENTS TO FINANCE A COMMERCIAL PROJECT TO BE CONSTRUCTED
AND DEVELOPED PY L.C. SMIULL AWN BUS111ESS PROPERTIES PARTNERSHIP KO. 22
StNIA1100 of low F"nj Swirm, Aft"w0n ActWm, Aftedhmmts:
aft*A-ME&OWN06
STATEMENT OF ISSUE:
Attached is a resolution which, if adopted, would fulfill the initial Federal rr.,-
quirement to provide tax exempt financing for the Business Properties Project with-
in the Warner/Goldenwest Redevelopvmnt Area.
RECrMENDATION:
Adopt resolution.
ANALYSIS:
The adaption of this resolution is sinVly a preliminary step that is required under
Federal taxing laws. Befove such bonds might be issued or financing leases or
agreements executed, additional Agency authorization would have to be obtained.
In light of the current economic climate and private financing realities. it is
apparent that projects such as the commerdial center being proposed at Warner and
Goldenwest will be difficult to accomplish without viable financing options. The
type of agreements that would ultimately be executed to bring tax exempt financing
for such a project would be structured in a way that there would be no City or
Agency financial obligation involved beyond the revenuet generated by the project
i tsel f Therefore, the exposure or financial liabilities of the Agency or City
is I ' i�.Iikq if not non-existent, as you will see if and when such agreements are
broug'c".c' forward for your consideration in the future.
FUNDING SOURCE:
Not appl icable.
ALTERMTIVE ACTIONS:
The Agency rAy with not to execute this agreement and, therefore,
the ability of the Agency to provide tax exempt status for the finanking of, the
WarnartGoldenwest Redevelopmetnt, Project*
ATTACMENTS:
I. PASolution
CWT,,TTs.Jb
4
RESOLUTION NO.
A RESOLUTION'OF THE HUNTXWOm.ON BEACH RSDEVELOPMENT
AOENCY AUTHORIZINO,THE ISSUANCE OF BONDS FOR ENTER.
INO INTO FINANCING LFASES oR AGREEMENTS FORTHE
PURPOSE OF FINANCING COMMEROIAL STRUCTURES AND RE-
LATED COWIERCIAL FACILMES TO BE CONSTRUCTED AND
DEVELOPED BY L, 0- SKULL AND/OR BUSINESS PROPERTIES
PARTNERSHIP NO, 22
RESOLVED by the Runtington Beach Redevelopment Arency as
follows;
WHEREAS, the Ag,incy is authorized by the Community Redevelop-
ment Law of the State of California, constituting Part I of
Diviaion 24 of the Health and safety Code, Including without lim-
itation Chapter 8 thereof, to issue and sell its bonds for the
purpone of financing commeraial structures located within rede-
valopment project areas or the Agency and to enter into financing
leases or installment sale agreements ror such purposes; and
L. C. Smul.1 arid/or Busineas Properties Partnerabip No. 22
has requested or may vequest the Agency to issue and sell its
bonds or enter into financing leases or installment sale agree-
ments for the purpose or financing commercial development,, to-
gether with related commercial structures and auxiliary facilities,
to be constructed and developed by the developev In a redevelop-
ment survey or project area of the Agency, and the Agency wishes
to induce the develor,er to construct and develop the peoJeot in
said area; and
ukftl
I't Is in the p intereat, for public benefit and in Cur-
Itherance of -the public purposes or the Agency that the Agency au-
thorIxe 3uah.flnancing for the aroree�ld purposes,
THERMBE3 IT 18 HEREBY POUND, DETERMINED AND ORDERED as
follows:
The Huntington Beach Redevelopmant Agency hereby au-
d
ahb
1/13/82
smug&
tharites the financing by thn Agency pursuant to the law in a
pilincipal amount not to exceed ten million dollars ($10,000,000)
for the purpose of providing permanent and/or construction ft.
nal,icing to the developer, hits successors and aas�gne, ror the
project to be located at the Warner/Goldenweat Redevelopment
Project'.Ares, in the city oriKuntington Beach, Calirornize It in
presently proposed that thet obligation or the Agency under any
financing shall be palab3.a from, among other thinga, the revenues
to be derived by the Age;�Ioy rrom the sale, lease or loan with re -
$peat to the Pro-0ect. T�e term "financing" as used herein means
J
any of the followkng-
(a) The iasuance of bonds or other obligations of
the Agency under the law to finance the acquialtion or the
projact by the Agency; or
(b) Entrring one or more financing leasee or in.-
stallment sale agreements undor the law with reappet to
the project ror the permaxient ani/or construction financing
thereof pursuwit to the law; or
(c) Purehase of mortgages.
2. Any such rinanning shall be upon the terms and condition's
as they may be mutually agreed upon by Agency, the developer and
the purchaser of Agency obligations and shall be authorized by
resolution of the Agency at a meWng duly held and constructed
for such purpoaen
3. Proceado or any much financing shall Include such re-
lated and necessary issuance expenses, administrative costs,
debt service resepven and interest payments as may be required to
accompliah oucceesfully the financing*
4. It in intended that this resolution shall constitute
such,official action toward the Issuance or the bondo.within the
�-meanins of the United States Treasury Regulations, United States
Tax Laws, and any,legialation now or heveinafter pending In the
Congress of the United States which may require official actIon
in order for the bonda to be exp,-npt from Federal innome taxation$
2.
50 TheAgency secretary ishall certiry to the adoption of this
resolution and pi,,ovide for appropriate distribution thereof,
PASSED AND ADOPTED by the Redevelopment Agency of the City
of Huntington Beach at a regular meeting thereof held on the____
day of.. - .--L 19820
A 7"LES T a.
�=ea*Rt-"®ry-'"
REVIEWED AND APPROVED -
Chief -txed-4-t1—vi OrMer
Chairman
APPROVED AS TO FORM:
Iser
LeSal 4- 4�
INITIATED AND APPROVED:
'=ri�'tor of 51915ess--a-fi—d'
industrial Enterprise
Umfted to
S�bmltted by;'
Prepared by:
Subiod:
=�-M-
Q1%u6.b i r. REnFVF1QPYFN .0 ,r i ON
T-Ni
1 Y" J-ft� January- 26,-1982
.........
Redevelopment 20—nG
Charles W. Thompson, City Administrator
Jamee W. Palin, Director of Development Services V
REVIEW OF BUSINESS PROPERTIES' PROPOSED PLANs r-OR A
COMMERCIAL CENTER IN THE W1%RNER-GOLDENWESTL REDEVELOPMENT
PROJECT AREA.
Ststernwt of Issue, Recommwidati6n, Analysis, Funditiq Source, Alternative Actions, Attachments: Qt/
I I/
STATEMENT OF ISSUE:
Business Properties filed for Use Permit No. BI-46 to construct a com-
mercial center at the northeast corner of Goldenwest Street and Warner
Avenue to be heard before the Board of Zoning Adjustments. The proposed
project is located in the Warner-Goldenwest Redevelopment Project Area.
The BZA reviewed the plans and application, along with the "Redevelopment
Plan for the Warner-Goldenwest Small. Lot Project Area" and the "Partici-
pation Agreement." After their rsview it was determined that the Agency
shou ' Id review and approve the conceptual plans prior to the BZA taking
any�action on the applicant's use permit. AccOrding to the "Redevelop-
inent Plan" and the "Participation Agreerneritt" Business Properties is -to
submit to the Redevelopment Agency the followin,,.plans and information:
a site plant architectural detail of the development, parking plan,
landscaping plan, sign plan, land coverage, setbacks, screeningr heights
of buildings, lighting, building materials, and traffic access.
RECOMMENDATION:
Staff reco'mmends that the Redevelopment Agency review the attach6d
conceptual plans, approve them subject to the attached conditions, and
authorize staf!�:o review and approve final pl4ns and -working drawings.
ANALYSIS:
The proposed site is abutting Murdy Park on tbe north and apartments
on the east. Across the straL-t to the south is a high schoolt, and to
the west is a commercial center. In reviewing th,e plans, staff consid-
ered setback requirements, landscaping, parking layout, vehicular
circulation,.ingreas and,eg?7ess, lot coverage, public improvements, and
layout of buildings. -.The proposed condi'Zions cover the concerns and
more detailed info.-roation that ataff needs in ur'der to complete its final
review. In concept,, the plans reviewed are adequate and are the flirst
step in the devel-opment of final working pl,4n's.
Fla "I
January 26. 1982
Page 2
SUGGESTED CONDITIM:
1, A parcei nap' shall be filed prior to occupancy in order to consolidate
all,;of the parcals on the property.
2.�' The. plan's dated January 22 1982, shall. be the conceptually
approved plans.
3.. Detailed landscaping plans shall be submitted for review and approval
I by staff.
4. PhD P "Building Limit Line" Shall also include any necessary parking
within the bo'undaries.
S., A detailed sign plan shall be submiLted for review and approval by
staff.
6. Appropriate consideration Bball be given to the easterly end of the
property in order to provide adequate buffering for the abutting
residential- property.
7. All driveways and, - parking lot aisles are to be properly located and
of sufficient width to provide adequate circulation for emergency
vehicles, t-rucksp and automobiles as determined by staff.
8. A detailed plan indicating a combination of architectural treatment,
landscape buffer, and wall material at the north end of the property
abutting Murdy Park is to be submitted to staff for approval.
9. All improvements on Warner Avenue and Goldenwest Street are required
to be installed during the first phase of construction in order to
Provide adequate access and traffic control.
10.
13
A recorded copy of the "Agreement of CovenantSr Conditioner and Estab-
liiihmant ol'� Restrictions and Granta of Easements" between Business
Propert:4es an:1 William Landis shall be submitted to staff for review
and approval. The document shall require architectural compatibility
between the two proposed davelogments and mutual easements and access
through aiid across common areas.
In ord6r to minimize traffi.0 c-onflic-to on Goldenwest and Warner, -the
de�reloper shall be requiLred 'to constr*uct center medians as shown on
the.plot plan., The.medians iihall be landscaped and have archi-%;'ectural
amenitie-q— in *a ... &c-o-r-da-fice' w-i-th' -current City - s . tand I a . rd . 9.
All' future structures on the site shall be architecturally compatible,
wiith'the�first. phase of development.
k1detailed energy -efficient lighting p'lanshall be submitt
ed to staff
fcr ieriaw and approval.-
14. Parking -lot at the rear of Buildings E, F, and G shall be used for
eoployee parking since it is not a convenient location for customers'
Use.
'January 26# 1982
Page 3
FUNDING SOURCEt
Business Properties.
ALTZiMATIVE ACTIONS:
The Redevelopment Agency may choose to:
1. Not approve the conceptual plans and suggested conditions.
2. Approve the plans with no conditions.
3. Direct staff to modify the conditions.
4. Direct staff to conduct further analysis of the proposed
development after the developer has submitted more detailed
information, and then report back to the Redevelopment Agency.
ATTACHED INFORMATION:
1. Conceptual Plans
JWP:FW:df
L
REQUEST FOR CITY COUNCIL
T N&A-V
ppo&,
AC%MON
'p -
Submitted by
City
Attorney
Onepanment Legal
Date Preparv.1.
Auguat
26 19 80
Backup Material Attached Y%� 0 No
Subloct Agreement between City and L.C. Smull regarding reinibursement to
city of costs for possible reacquiring of easements to be
atindoned in the Warner/Goldenwest Rec'-evelopment
City Administrator's Commenti
Vol 11W
Approve aS Teconimen V,12�
CITY C
Stidtement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
STATEMENT OF ISSUE:
L.C. Small, the redeveloper of the Warner/Goldenwo-st Redevelopment Project.,
desires the city to abandon certain paper street public easements pur-'suant
to the redevelopment agreement between the city and redeveloper, so that
it may merge, as soon as possible, its existing parcels of land with
parv.els under condemnation action for redevelopment purposes.
Huntin"Ston Beach Redevelopment Agency has received court orders for the
immedf.ate possession of the condernnee's parcels. The pr±ce u.L' parCF.-13 is
to be determined in the stuill pending condemnation action. Certain ccndemnees
have filed a cross compls,tnt against Huntington Beach Redevelopment Agency
alleging no public purpose. That suit is of doubtful merit and will most
likely fall. However, to protect the city frc ; im any risk at all in the event
it might have to reacquire the proposed aband6ned easements and thereby incur
some costs the attached agreement for reimbursement of the city by the
rede've lope;' has been prepared fozrl Co�uncil action.
RECOMMENDATION:
Approve the agreeme-ric'to protect the cit,�t from incurring possible future costs
the, event clt�� May bave to reacquire unimproved public easements.
A 'ER
LI. NATIVE'ACTION:
Pl.�'ap'prove the agreeme'nt, and hope that the condemne-es are not successful in
�helr --.rdss complaint al�ainst the Huntington Beach Redevelopment Agency.
M ro MM
10
0
City of Huntington Beach
P.O. Box IN CALIFORNIA 9200
OFFICE OF THE CITY CLERK
061.,ober 7. 1980
L. C, Smull
17631 Fltch
Irvine, CA 92714
The City Council of the City of Huntington Beach at its regular meeting
held MoadAy. October 6, 1980 approved an agreement with you relative to
the Warner/Golderwst Redevelopment Project.
Enclosed is a duly executed copy of said agreement for 3#our records,
. 'I �- le 0,11;V I..
Noma
eo
% j.
,REQUEST F CITY CCXJNCIL ACTION
Paul R. Cook Public Worka
Submitted bV Department
C)gt,p prep"W May 12 1 . 19 $313 9. Backup Material Attached Yes No
Subject Conveyance of Bea.1 R;Co xty tg Uf _ctuLtr,
-Re V - _
City Administrator's Comments
.. lu� 7
,.� /to
V/ 1-4 -Re -s No - 4 so 76do"
Approve ts recommended. -I"- 4761"r, Re go A/c . 21
Ve, J9, o e 4 t P
Fitaternent of Issue, Recommendation, Analysis, Funding Source, Alternative Actions:
Rtaegffieat or Irigue:
THe CiEy ri-ob=gated under the participation agreement for the Warner/
Goldenwest radevelopment project to convey City owned lots in the project
area to the participant under the agreementr L. C. Smull. The attached
resolutions would authorize the transfer of the property to the redevelopmenr.
agency and subsequent conveyance to SmuU.
Recommended Action:
Adopt the attached resolutions -and authorize their execution by the Mavor
and City Clerk.
Analysin:
The City acquired '3 small lots in the area to be reO-eveloped by tax collec-
tor's sale in 1961. The lots were originally acquired for possible inclusion.
in Murdy ?ark.. although the park boundary was established to the north of
these 13 lots and they were not included or used for park purposes.
,The par,ticipation agreentent between the City and L. C. Smull coveri.nq' re-
development of this area requires that the City sell the lots to Sinull at
fair market value. The Citylias obtained an appraisal Of the subject propert,�
,fr . cm Cedric A. White X.A.I. and'determined the,value to be $91F4100.00. 'This
amod ' nt,t:o be paid by Smull upon conveyance of the property can then he
cred!.�eiid to the Cil-y's General" Fund from which the lots were originally
purchased.
Funding' Source%
Wone required-.
PrC-VbCBD:Jy
no 3"
0
4 larp I
RC S: be
5/9/3r)
RESOLUTION NO. 4876
A RESOLUTION OF THE CITY COUNCIZU OF THE CITY OF
HUNTUOTON BEACH APPROVING CONVEYANCE OF CERTAIN
nEAL PROPERTY TO THE REDEVELOPDIENT AGENCY TO EF-
FECTUATE THE PARTICIPATIOiq AOREEMENT BY AND BE-
TWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINaTON BEACH AND L. C, SMULL
The City Council of the City,of Huntington Beach hereby
resolv?s as follows:
SECTION 1. The City Council of the City- of Huntington
Beach finds and declares that it it; in the common berieFit to
convey certain city -owned real property to the Redevelopment
Agency of the City of Huntington Beach and hereby approves
sale of such city -owned real property, more particularly de-
3cribed as follows:
All of that certain property in the city of
Huntington Beach, County of Orange., State of Cali-
fornia described as follows:
Lots 71, 1031 1041 115, 116 of Block "C" and Lots
32t 57s 611 621 633 64, 74s 923 96 of Block I'D" of
Tract 392., as shown an a map recorded in Book 16,
paze 5 of Miscellaneous Maps, records of Orange
County , California.
Upon conveyance of the subject real property, pursuant to
.said ParticApation Agreement, the city shall be paid the purchase
.:pvice thereof, in the suni of Ninety -One Thousand Four Hundred
'�Dollare ($91,400).
SECTION 20. Pursuant to Calif ornia,GoVernment Code section
65402j, a public meeting was,held before.the Planning Cormnission
at which time it was determined that the Redevelopment Plan for
the Warner-Goldenweat Sir.call Lot Redevelopment Project conformed
to the.city's general plan.
SECTION 3. That the sale of such real property, shall be
pursuant to the Redcvelopm'ent Plan adopted'by Ordinance No. 2212
1.
77'
7,
tow
4876
STATIA� or CALIMMIA
caum W, 010M got,
CtTT 11twimm DUCK
119 ALICU.N. WSW tM duty *104ted,q, -qualitio'd City
ctift of. phi city Of'suatington Seachr 4�w ex-Offivio, Cle'r'k at'. the"..
Cit* cc��Waf e4kid City, do bereb; certify that'th* wtole'umAer of
y
mambers"Of tha, City', Council of the - City Of Hunt in'stan Beach,, to ''Seven;
th the. Priegoing resolution,was passed &W adopted by the affirmative
Vote 0 a Mjqrfty of all the iiabers of said City.covimcil
a t I% room thersof held on the day
by the fo I 16kas VO te:
fjn]UA'B flaxs- PAWWWa Wdi KAUX
C -
Thaws
AUNT: camciiii"*
P
Ali 14,0. W 'tWorth
City'Cleirk,'And §Xrof fle,io,.Clerk
,
f t
�thi COUM11, f 041ctiy
of Hunti�*tom' Batch California
BY:
Depluty