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HomeMy WebLinkAboutCURTIS HUNTINGTON BEACH COMPANY - 1980-03-17I RESOLUTION NO. 4856 A &r4SOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEAOH DECLARING CERTAIN REAL PROPERTY SU`x?PLUS AND STATING ITS INTENTION TO SELL SUCH SURPLUS PRGPERTY GENERALLY LOCATED SOUTH OF WARNER AVENUE A14D WEST OF LYNN STREtT The City: Council of the City of Huntington Beach hereby resolves as follows: SECTION 1. Pursuant to Division 3, Chapter 5, Article l oo the California. Government Code (commencing with Section 373}0),' the 'City Council of the City of Huntinu`on Beach finde and de clareu that certain city -owned real property is surplus property, and hereby declares its intention to sell such city -owned real property, more particularly described as follows - Lots 1 and 2 of Block 18, Tract No. 86 in the city of Huntington Beach, County of Orange, ;, tato of California, as per map re- corded in Book 10, pages 35 and 3,6 of Miscellaneous Maps in the office of the County Recorder of said county, as granted to the County of Orange in, a. deed. from the United States of America, recorded January 24, � 1950 in Book 1953, pages 193 through_ 209 inclusive of official records. EXCEPTING THEREFROM the south 300' feet of the west 300' feat and the north 325 feet of the west, 300 ` feet oY Lot '' ALSO EXCEPTING THERKPROM THE south 300 feet of the east 300 feet and the north 325 feet of the east ,300 feet of Lot 2. SECTION 2. The City Adminiatrator is hereby directed and authorized to neg(.,jtiate the sale `)r exchange of said property in accordance with Section`3.06.010 of the Huntington Beach Municipa. Code, PASSED AND ADOPTED by the City Council of the City of a . r a?bb 2 P,66NNWG ZONING DM 34 SECTIONAL DISTRICT MAP 29-5 -1 1 NOTE + /'may P AMPTCO la+cn. to, nto ]0w1 a 1. + r" •+ ry Off` n tr•Olp p 1+ l ! TO ,N r([,1♦ p, +urf +i4e' tp M r< r 011r C:iUN[IL OtiOipaNG[ 40 ptl LC00010 Alk AMNOf4. - 0.0 40:.. +Nt.0 a m.wHUNTIN. w•r >.SS' .root+tt ,w,.cl 1 tw,l •t3 }Xt \aO ,MIN, H7 pw(f 0.1.41 11'!}-b3 10l D l unrP Yll K[ +r1yY +<4T:KT bfla,lT 10•N.63 1163 ,rrrT trw.a r+t 7 f • 6! 1a 07 tt-I6•t0 1470 ORANGE COUNTY, CALIFORNIA 4',20-70 15T> tUswY, � ,T3 ww.,o�Ml o.t,ct Kr+SFT�PY(K Y,eG bfTait AME?!0£0 BY ZONE CASE' 1,tt-72 rT11. ,+tmr .c+. a n+ut ywak+3 3]t,1fl�[4.1,88-10.Tb•S,Thf.,h-YJIuI,TI-al,l3•IO,M'. It+7,CP.i T.ITT•41J•n,]}}• 2•!d-f7 19}+y ,Z d WARNER 0� AVE R l 3 R f s R 3 RI. ---- ai R 2 3-19 r cz' .atnuer w RI R( R t Rl CF_R� R RI R1 C R I y + — _. WARNS ROS am_ ROS AVE.'R1 'I + M R►_ <� R,• t \ 1 3 t r 1 •n S() � ^ram ✓ � � r" ! ay ! . . rsrw+wr+a W,.u.�r.i . . � uw:i Mn Nr•w M� +' WARNER (Wf#riFRWURe AVE 1 AVENUE m-, ® ry j. ® IN k•a` ��� � z�ti r ma's c (1`W 1 { S r 1 Co i tv,j `k r NA, 400 -10 m i ra 0 ,o ffiQ®ffitpAOffiffi QOSiS®ffii@ffiffiRB@.. rffi 00 $ mffi60!®61D9ffi:1Q@ffi!'+ City -owned property cu: tis property ���asaastea�er�ita Blaxe property ,'Property to he dedicated & improved 1 p AOL No. 4856 sTATE OF CALIFORNIA COUNTY OF ORAME ) as CIV OF HUNrINMON BEACH ) I ALICIA M. WEMORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Hutitingron Beach is seven; that the foregoing resolution wan passed and adopted by the affirmative vote of mere thar4 a majority of all the members'of said City Councl1 at a, regular meeting thereof held on the 17tti day of ..A_rCh , 14 80 , by the following vote: AYES: Councilmen: _Thomas, Mandic, Bailey, Yoder, Finley NOES: Coun+:iimen: �Ngne MEMP: Councilmen: MgcAl l'i s'ter ABSTAIN: Councilmerx: Ea Anson,___., City Clerk and ex-officio Cler1, of the City Council of the City of Hurtingt'on Beach, California The forege:._g instrument is a correct copy Of the afigiiral on file in this office. Attest f}1 City �fe rc ax.:i C. Y.Fvro C.trit of tt�e C,ty. Gn:; cil of the City of Hunlingtoo Beach, Cat. Z'4" Deputy µ,. n✓ {n tingma�r urd Copy AL completed cern4cata to. CERTIFICATE OF INSURANCE Approved as try Form l Gall Hutton, City Aft hey City oI llunu +atnn Bract T4? l Dent. Risk Management CIT' OF HUNT(NGTGN BEACH, CALIFORNIA Huntington Beach, CA 92648 A MUNICIPAL CORPORATION This is to certify that the policies of insurance as described below havebeenissued to the insured by the undersigned and are in force at this rime. If these policies are ca;lcelled or changed in such a manner that will affect this certificate, the insurance company a irees to give 10 days prior written notice, by mail, to-0ty of Huntington Beach P, O. Box 711, Huntington Beach, California 92648 ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY ATTORNEY. Name of Insured Teledvne Geotronics , a division of Teledyne. Industries, Inc, Address of Insured 725 East Third Street, Lang Beach, California 90802 Location of Work or Operations to be performed Description of Work or'Operatio;is POLICIES IN FORCE POLICY NO. POLICY DATES LIMITS OF LIABILITY In Thousands (000{ NAME OF COMPANY (INSJ � Effective' Expiration GENERAL LIABILITY MA78-400— COMPREHENSIVE FORM 074013 11/1/81, 11/1!82 S1 000,000 CSL Argonaut Insurance. Cc: Each Occurance PREMISES - OPERATIONS � ] EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD R CIEj Y `D XX PRODUCTS COMPLETED -CITY A7 7(}RAic,'ir OPERATIONS HAZARD /'1T/!11 _111 1?IP!` TQi' ^�r�ll CONTRACTUAL INSURANCE MAR 7. j98Z 1 vpL. KX BROADFORM DAMAGE AtA .l: PROPERTY �y p (�fl�'tf yy C`�+ 5 � INDEPENDENT L j8i9i10i I12I1I2J V I I I CONTRACTORS - IOf PERSONAL INJUR+! AUTOMOBILE LIABILITY rr it rt inclut:a n abov Ir �t tr COMPREHENSIVE FORM 1%X OWNED $ CS. ZL?Z HIRED Each 0 arance ..NON -OWNED E;CCESS LIABILITY ( I UMBRELLA FORM ( i.. OTHER THAN $ UMBRELLA FORM a ,. a.t tl. WORKERS'COMPENSATION" WC78_402— �. and 074000 1/1/82 1/1/83 Statutory EMPLOYERS' LIABILITY $1,000,000 ec.h ccident Additional Insured Endorsement: The in,urer agrees that the City of Huntington -Beach and its City Council, and/or all City; Council appointee groups, committees, commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as such are additzonal insureds hereunder, for the acts of the insured, and such insurance shall be primary to any insurance of the City of Huntington Beach, as their interest may appear. Date February 24, 1982 AUTN IZEO EPRESEN ATIVE OF INStRANCE-OMPANY INSURANCE COMPANY Argonaut Insurance Co. B f.jtyL[lLys/y Warne Same as the following. Y Andress 1901 Avenue of the Stars, Los ASKeJ s, CA Address Telephone (21.3) 277-3311 X536 90067 City HOLD HARMLESS AGREEMENT (to be axacuted by insuedl ;r R lnsu;ed ` Garparation , agrees to protect, defend, Indemnify, ,save, and hold harmlessthe City of Huntington E3each its officers, agents, and employees ugainst. any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes or act?on caused by insured, his employees, agents or any subcontractor or by any third -party arising out of or in eonsequenue of the performance of all or any operations or activity for Which this certificate of v1sur� =s -'U, d t f ll Sato ProPrtatorsr�ip i21 Partnarshio "I C potaI on 4I Orhgr Iztatpr BOLD HARMLESS. iGNED.- By Insured. U _`W / e Title VICC Preside Q0. Rin leu named shall be Printed or typed By Insurau: _u%_Title <t e: >(r �a t., below each: signature.? a Will<s r E. 1arharA13 I .� If Corporation, TWO Officers must sign, or present evidencc- if authorizations to bind Cor>urat ao, Ft A90R R Q� la ra' FA cif ? kvv��� �` +� :+•�'• : < " r">�" Y' �a � vac' .C'�, .e °` gay ' .-�, a „� x;r rt. +^ � `,� ,�, '/� AMEII ED, s ig . , I! t isd�G.r4114 7" t lbi �-`�����_�rb�a'�+�,R.e�'�'�k4.��?•,yt'h�,.inre.!���eb.'e AaAz�'C ,v�!'x, _' t� i ,.,•: � ad tt.. aru •C '%t+ t(,r •,y.. tk t�'fi '�,S'.`.. "r.,. COMPANIES ItfFflRQitiG CbVzRA;,ES MAICO ASSOCIATES INC. - ST. A N>A.RYLAND CASUALTY C� �r�f 7 5O � . GREEN CrR...r PASADENA, CA 91101 R �. r' .. B COMSTOCK INS. CO, URTTS--HUNTIigGTON BEACH CO., A GENERAL c RECEIVED � ' ARTNERSHIP WESTPIELD DEVELOPMENT CO., (ITY ATTOPNCY I.NC . , 3c JAMS E. RODGERS 8c FRAtdCES E. of. `41 INTlntr TON "^H ODGERS, 17802 -SKY PARK CTRCLE STE ic 4 " ,- F E B 26 1982 { 1 VINE, {`� T!~a ry CP3 f...,: i. t�..�,f ..:nA ;AM :..I'm. , " ofaryrt�:!raCt4 fzf�er }. .wn Sw rr towh:ht.,9>pW;cW,*M,be„ ."''Y };erv,.,_*�•� .,r.. p i�IO�a7�10111lIL11�4I�lYl l�'t' L'}z;il5••r r b -;b I.t 1 "+!1U4dndS f' v .. *F ifTiEti GENERAL LIABILITY F A l r Mesrt'++fr:. :.a GL, 51756144 1 2/10/83 - Y r �0 4 F T t t t1,000. 1,000. - r _ .... _. ry UPON t 1, 000 AUTtIW0131LF. LIl?BtkETY CMty AitOjn s 'rx E 4,I a/.}F Hr )tE hSYr E FE"?A .t EXCESS LIABILITY - .,. 201-2o6og/1 a 2/10/83 Q t EMPLOYERS' LIAP 1 fTY OTHER � s ,. �. COI3STRUCTION On CONDOMINIUMS IN TIC CITY OF HUNTINGTON CH. ADDITIONAL INSURED ENDORSEMENT G115(1/73) ATTACHED IN FA / T�;SURIR rFJrE THE CITY OF HzJNTINGTOIT BEACH. \ '^• Cancell'atfon-.. '. .s, a r +• '� -- - -- -- 10 - --- ----- c.�� v a { 2/25/82 CITY OF HUNTINGTON BEACH DEPT . RISK MVAGERENT z P.O. BOX 711� CA92648 ' HUr7T.LNGTOI�' BEACH, t r '""{...u-+:"�..v.� i��x'+ixkxn^ g.?+e'cm•'*y..����^�'� "a.'�r`�� si�y�ws- BY' r)eputY City Attorney Date _ AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY ., INSURANCE COMPANY By * lamb $igrwture of Authoriznci Reprssentat•ve/Asrrti ?aldress Address ;i Telephone � `� ` ✓as;w. : � , +�;e • Yu»w,.s# Nw�s•.sG;i� �.� '�,.3r- ""'`_ +:�vusF s 'r,<'. ;�.®..e q9 3557 � C p t Iatr;nrri'fl Ti. 39144 AND 4"UM XMCO"C= UAtl 1"M 0"Q A".:U6K., M otwcnwnstt_aarOWN UWLMW. MA„_ TAX oraTas+awn vo, Cy.. �'OrUtt�:S7FD g'r —1 M-& City of azati gton Bo- Ra EX' a. PT one+i6t t�t».R. C d t(c et a P. a1 sox tso �i 2 -3 5-i 1M MAR 311980 HWtingtoo Beach, ea. 9"18 JEE & 6,RMCH, County R",le► *`^;I...Attn: Real Proy*rty Agent) 4235 Th14 + uto Gr ant Deed 7i2lf tlrrttexswcteU GtAiv'tt�Rtal Sirsl pOCt.,'MENTARY T7..',FRSM TAX u 3. r, 7'' � O i Cnr d. AaKri Nc ..6d.1Ga —VA $' aanpa�eJ m fdl wfar d PmPxtl "0".Yvd,. °r 13 ccavu l as Iva estaa I value of iim aaa wr&owo mnaww* It tm of mk, w+d , FOR A. VALUABLE CONSIDERATION, receipt of which is hereby scknowleAaed, CUM$ EltPil'IASl1iM S?..e3i WWMT, a partnership U t karrby GRANT(S) to M CTru CIS' H3+113Ai3iUl REAM. :� mmicipal corporation t6a roik,ving Aeocribed anal F Aportr in't4a 'City of Hmt�rt ton Beach pwnlr of state of Gaiifornia. See Rchiblt "A" attached heteto and mile a pert hereof, I QTf:'TIS III'lii`I MM Db AM 03PANY, a'par"Wr%hip BY, lot STATE Or t_AU HIA CCRht7Y OF t.4:1 —411 x t � �-W-* arr. 46 aadar. tigaad,.a i�Ma�crr.g'ts ' I'a to "kr en!Sawa. ��F-"r'P—, I �t w ap�saa�.�sr+-+l-�z, • ,,,� ,JK..r�. rs / , � r �. �,j'�. '�..��.� t _ , i . a y RBr u Oc tumrw.aa sad acti<ar.7xdard }►;c - ea«eted am r.ms. CHARi.Lt'S 'W, UNSWOiFT11 � Secretary �':bwa FT7h'd H Art*tdl . Xatwy J`.Wr tr. sad tW wIW C; ks WA $xk ;•tgsert aterRj AR ;I&iaf *.rand seed t:Aai.Y cr'A'CI61axt'S ToYAX"I'Y atovm oN 6tl w wo Ums I9 No $ARTY to v"oWN, W'An AS MRt A00Y8 s Ursa kIM id fil �S VXMaLT "A" 3557PG ?4tr that certain real prop erty lot-at..,1 in hunt ttlgton Beach, Orange County, Californte, and described as foll,yws: That portion of Lot i of Mock is of Tract No.-86, in the City or Huntington Beach. County of Ornr_ge, State of -Cali- fornia, as per map filed in Book 10, pages 35 and 36 of Miscellaneous Maps, In the Office of'the County -Recorder or said County, described as follows: deginn:'og at the intersection of the centerl'ne of Sim; Street, said --center- line bell g shown on said map as the centerlin* of the private road, 50.0o feet wider, between Lot 1 of said BXock 1.8 and Lot 2 of Block 17 of said Trzict No. 86, and with a line pnrallel with sad 30.00 feet southerly, measured at right anglers, from the centerline of Warner Avenue, formerly Wintersbura Avenue, as shown on said map .thence along said parallel line N.8999120"E. 125.00 feet to ,a line parallel with and 125.00 feet easterly, measured at right angles, from said centerline of Sims Street; thence alon last mentioned parallel line S.004 '49"Se 30.00 feet to a line parallel with and '60.00 fact southerly, measured at right angles,, from said centerline of Warner Avenue; thence along last mentioned. parallel line 3.89039'20"W. 62,77 foot to a' tangent curve concave_southensterly having a radius of 32.00 "feet, said curve also being tangent to a line parallel with and 30,00 feet easterly, measured at right angles, from said cent rline of Sims Street; thence south-- westerly along ea d carve through a eentrel angle of P70581'29" a distance of 37.96 feet to a line parallel with any' 80.00 feet southerly, measured, at right angles, .from said centerline of Warner Avenue; thence along last men- ti)ned paraAlell line S.89*3442011W.. 32,42 feet to said centerline of Sims Street; theme longg avid centerline of Sims Street X.0 441 4191+W. 50.00 feet to the point of beginning. J AGREEMENT FOR EXCHANGE OF REAL PROPERTY THIS AOREEMENT is made and entered into this /T- day of f 1980, by and between the CITY OF HUL.TINGTON BEACH, a mun.ic:-pal corporation of the State of California, hereinafter referred to as "CITY", and CURTIS HUNTINGTON BEACH COMPANY, a partnership, hereinafter referred to as "CURTIS", R E C I T A L S WfiEREAS, CITY is the owner of two strips of band lying with- in a CURTIS development area and CURTIS desires to acquire these strips; and CURTIS has offered to exchange and improve other property in the same area, and within a street improvement plan of CITY, to ,ITY; and Said exchange and Improvements will be a significant benefit to CITY, NOW, THEREFORE, the parties hereto do covenant and agree as follows: 1. CURTIS (a) CURTIS shall convey Go CITE that certain real: prop'-• erty located in Huntington Beach, Orange County, California and described as follows: That portion of Lot I of Mock 18 of Tract No. 86, in the City of Huntington Beach, Coi my of Orange, State of Cali- fornia, as . per crap filed in Book 10 pages 35 and 36'ofKiscellaneous Y.aps, in the Office of the County Redorde,r of said County, describe:. an follows: CMaps d Beginning at the inf:ersection of the centerline of Sims Street, said center- line being shown on said map as the centerline of the private road, 50.00 feet wide, between Lot 1 of said Block 18 and Lot 2 of , Block 1:7 of said Tract No. 86, and with a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Warmer Avenue, ,formerly Wintersburg Avenue, asshownon said map; thence along said parallel line N.89039120"$. 125.00 feet to a line parallel wit'a and a 125.00 feet easterly, measured at right angles, from said centerline of Sims Street; thence along last mentioned parallel line Sa0044,49,,E, 30.00 feet to a lin parallel with and 60.00 feet southerly, measured at right angles, from said centerline of Warner Avenue; thence along last mentioned parallel line S.89039120"W. 62.77 feet to a tangent curve concave southeasterly having a radius of 32.00 feet, said curve also being tangent to a lane parallel with and. 30,00 feet easterly, measured at right angles, frora said centerline of Sims Street; thence south- westerly alcng :;aid curve through a central angle of 6705812911 a distance of 37.96 feet to a line parallel with and 80.00 feet southerly, measured at right angles, ,from said centerline of Warner Avenue; thence along East men- tioned parallel line S.89039120"W. 32,4.2 feet to said centerline of Sims Street; thence aloesaid centerline of Sims Street N.00WA 149"W, 50.00 feet to the point of beginning. (b) On or before April 1, 1980, CURTIS shall execute and deliver a grant deed in a form satisfactory to CITY, convevi"ag the property described in paragraph l(a) above, to CITY and simul— taneously therewith.prov1de to CITY a standard California Land Title .Association policy of title insurance covering, the property so conveyed. 2. a (c) CJFTIS further agrees to improve that portion of the lot conveyed, and. -.ascribedin paragraph l(a) above, lying within the planned widening of Warner Avenue and the corner of Warner Avenue and Sims ,Street, in accordance with the Standard Plans of the Public Works Department of CITY, as adopted by Reso- lution No. 4620 of CITY. (d) CURTIS further agrees to improve the balance of the property not lying within Varner Avenue as widened, viitn land- scaping satisfact-ry to CImY,,and to provide for the maintenance of the landscaped area. 2. CITY (a) City shall convey to CURTIS that certain real prop- erty in the City of Huntington Beach, Orange County, Celifornia, .end described as follows. Tots i and 2 of Block 18, Tract No 85 .r the City of Huntington' Beach, County of Orange, State of California,; as per map recorded in Book 10, pages 35 and 3d of Miscellaneous Maps in the Office of the County Recorder of said county, as granted to the County of Grange in a deed from the United States of America, recorded Janu- ary 24, 1950, in Book 1958,,pages 198 through 209 inclusive of official records. EXCEPTING THEREFRO:d the south :300 feet of the west 300 feet and the north 325 fee4 of the west 300 feet of 'Lot 1. ALSO EXCEPTING THEREFROM the south 300 feet of the east 300 feet and the north 325 Beet of the east 300 'feet of Lot 2. (b) on or before April 1 19U, CITY shall execute and deliver to CURTIS a grant deed conveying the property descri),ed in paragraph 2(a,) above, and simultaneously therewith provide to CURTIS -a standard California Land Title Association policy of title insurance covering the property so conveyed. 3. TAXES Taxes shall be prorated to April 1, 1980. Ll INDEMNITY CURTIS hereby agrees to defend, inaemnify and hold CITE;., its officers, agents and emp_ -tees harmless from and against any and all liability, damages, costs, losses, claims and expenses,, proximately' caused or in connection �iith CURTIS' negligent or wrongful acts in the performance of this agreement (in(,.luding but not limited to such liability, cost, damage, loss, claim or expense arising from the death ur'injury to an agent or employee of CURTIS, his subcontractor, or of CITY or damage to the property of CURTIS, Ms subcontractor or CITY), ex---ept where such liability, damages, costs; losses, claims or expenses are caused, solely by the negli- gent or wrongful acts of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its a�,ents . or employees. 5 CLOSING AND POSSESSION Possession of the real property being exchanged pur— scant;to this agreement shall be delivered simultaneously by both parties at ,the time of closing. Closing shall be at -pry reliable title or escrow -ompany or as otherwise mutually agreed upon on or before April 1, 1980. 6. COSTS All costs incurred pursuant to t:tis 'agreement shall be borne by CURTIS, including escrow fees. Dated COUNTYSTATE OF AL1FORN1r. J� on, before me, ne undersigned, N tart' 'public in and for said State, patty appeered �t "t.tF4Sj;J19:#!!SS#11 _ �~ __ President,. and' �' + �CtS11 AY known r be the ` ' t r known to me to be the Secretary of r TUY the corporaton that executed the within instrument, and known Llf), 198, -to me to b;? me persons who executed the within (nstnlment or. l',an` alf of the corporation therrin named, and ,acknowleciVe f t< 'no that such cornaratiun executed the within instrument pursuant :a itsby"laws o; a resolution of its; board of directors- WITNESS r+y h rid no officau! seal' sisnature ' Name (Typed or [Tinted) w {This area, for official notarial seal) '1145110/69). ..,,..77. u_.....:.:. STATE OF CALIFORNIA; ) COUNTY OF ORANGE On :his t7 day of /9%ttr , 19af�O before me, a Notary Public in and for said County and State, personally appeared ,known to me to be the Mayor i� tc %s*. T°°^ C and ,!tut known to me to be the _ City Clerk of t,te City of Huntington. Bearh, the municipal corporation that executed the Within instrument, known to me to be the persons'Who executed the within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the sams. $wCL:IFgltltl91DSS7Fl#7Sa13ddliFttttr{Frt0lltlltit#tE1ti1#4 Cr'F1 AL .SEAL GDNME A.'BROCKWAY. ww151 rm, StCafllkC4t«IQ�9$fw YASa'S19ItaLttYa'71..„M...>ji„s.�iin3aTl;;�":f+S1'#fSFRSJi19lt#6! AML WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF HUNTNGTON BEACH, a municipal; corporation Mayor P; o mpore ATTEST: APPROVED AS TO PORM City Clerk City ttorney EVIEWED AND APPROVED: INITIATED AND APPROVED zo City Admthistrator fj DT e or of Public Works CURTIS HUNTINGTON BEACH CO. By ROBERT F. CURTIS DEVELOPMENT CO., INC., a California corporation By Pre dent _ i` J• Co. 3 CHIIC4 O T► t ItiS. % RIQUESTL,, BY AND WHE" �. UCCRMEDV `. P *,' t,J,C0hUEU MAIL TO- IM 0r ©RANck COQNIV A sr I411 CITY OF HUNTINGTON PEACH � �� ,"°" j r �3 .�i:� P��t�itl 3 1lJ8� ppi��y r..'}. I3r�X �9fi � r �, '. r !i('NLtNc'TO)N BEAM, cA 9264a (".� LEE A BRANCH, Cod* Recorder AGREEMENTFOR EXCHANGE OF RE:AX, PROPERTY c THIS, AGREEMENT is made and entered into this day of , 19$0, by and -between the CITY 0F HUNTTNGTON BEACH, UY1 CYI a municipal corporation of the State of California, hereinafter referred to as "CITY". and CURTIS HUNTINGTON BEACH COMP,,NY, a �7 partnership, hereinafter referred to as "CURTIS". CD i R E C I T A L S WHEREAS, CITY is the owner of two stripe of land lying with- in a CURTIS development area and CURTIS desires to acquire these strips; and CURTIS has offered to exchange and improve other property in the sane are -a, and within a street improvement plan of CITY, to CITY, and Said exchange and improvements will be - significant benefit to CITY, NOW, THEREFORE, the panties hereto do covenant and agree as follows: i� CURTIS (a) CURTIS shall convey to CITY that certain real prop- erty 'located in H-antington Beach., Orange' County, California, and described as follows, That portion of Lot l of Block 18 of Tract No. 85, I tfie City of H4ntington Beach, County of Orange, State of Cali- fornia, as per tap .filed in Boom 10, gages 35 and 36 or Miscellaneous Maps; in the Office of the County Recorder of said County., described as follows 34 , ors WIWAL �K 1 3 pG 3 7 Beginning at the intersection of the centerline of Sims Street, said center- line being shown on Said map as the centerline of the private road, 50,00 feet wide, between Lot 1 of said Block 18 and Lot 2 of Block 17 of said Tract i$o. 86, and with a line parallel with and 30.00 feet southerly, measured at right angles, from the centerline of Warner Avenue, :formerly Wintersburg Avenue, as shown on said map; theT)ce along said, parallel line N.8903912(l,"E. 125,.00 feet to a line parallel with and 125.00 feet easterly, measured at right angles, from said centerline of Sims Street; thence-alon 'last mentioned parallel line S.0044c49"E. 30.00 feet to a line parallel with and 60.00 feet southerly, measured at right angles, j from said centerline of Warner Avenue; thence along last ;mentioned parallel line 4.89139120"W. 62.77 -feet to a tangent curve concave southeasterly having a radius of 32.00 feet,: said curve also being tangent to a line parallel with and 30.00 f:t easterly, measured at right angles, Prom said centerline of Sims Street; thence south- westerly along r:.aiu, curve through a central angle of 67058 12911 a distance of 37.96 feet to a line parallel with and 80.00 feet southerly,, measured at right angles, from said centerline of Warner Avenue; thence along last men- tioned parallel line 5.89°39120"W. 32.42 i feet to said centerline of Sims Street; thence alongg said centerline of Sims Street N.a°4414911W. 50.00 feet to the point of beginning, (b) On or before April 1, 1980, CURTIS shall execute and deliver a grant deed in a form satisfactory to CITY', conveying the property described in paragraph l(a), above, to CITY and simul- ta.neoVsly therewith provide to CITY a standard California hand Title Association policy of title insurance covering the property s,a conveyed. '2 . K 13 L PG 2 3 (a) CURTIS further agrees to improve that port -on of the lot conveyed, and described in paragraph l(a) above, lying within the planned widening of Warner Avenue and the corner of Warmer Avenue and Sims Street, in accordance with the Standard Plans of the Public Works Department of CITY,, as adopted by Reso- lution No. 4620 of CITY., (d) CURTIS further agrees to improve the balance of the property not lying wlthin';Warner avenue as widened, with land- scaping satisfactory to CITY, and to provide for the maintenance of the landscaped area 2. CITY (a) ,City shall convey to CURTIS that certain real prop- erty in the City of Huntington Beach, Orange County, California, and described as follows: Lots l and 2 of Block 18, Tract No. 86 in the City of Huntington Beach, County of Orange, State of California, as per map recorded in Book; 10, pages 35 and 36 of Miscellaneous Maps in the Office of the County Recorder of said county, as granted to tho County of Orange in a deed frora. the United States of America, recorded Janu- ary 24, 1950, in Book 1958, pages 198 through 209 f nc Lusive of official record,. 'EXCEPTIXG THEREFROM the south 300 feet of the west 300 feet, and the north 325 feet of the we t 300 feet of .Lot 1. ;ALSO EXCEPTING THEREFROM the south 300 feet of the east 300 feet and the north 325 feet of the east 300; feet of Lod, 2 (b) On or before April 1, 19$0, CITY shall eXecute and doli.ver to CURTIS a grant deed conveying the 'propertydescribed in paragraph 2(;s) above, and simultaneously therewith provide to 3� f �K 13 5 �E, 7 pG 23 CURTIS a ;standard Califor; ;ta Land Tit..e Association policy of title insurance covering the property so conveyed:` 3. TAXES Taxes shall: be prorated to Apr1l 1, 1980_ 4. INDEMNITY CURTIS hereby agrees to defend, indemnify and hold CITY, Its officers, agents and employees ;armless from and against any and all liability, damages, costs, losses, claims and expenses, proximately caused c.r in connection with CURTIS' :negligent or wrongful acts in the performance of this agreement (including but not limited to such liability, cost, damage, logs, claim or expense arising from the death or injury to an agent or <<ployee of CURT18, his subcontractor, or of -CITY or damage to the property of CURTIS, his subcontractor or CITY), except where such liability, damages,; costs, losses, claims or expenses are caused .solely by the negli- gent or wrongful acts of CITY or any of its agents or employees including negligent omissions or commissions of CITY, its agents or employees. 5. CLOSING AND POSSESSION Possession of the real property being exchanged pur- suant to this agreement shall be delivered simultaneously by botch parties at the time of closing. . Closing ;,hall be at any reliable title or escrow company or as otherwise mutually ;agreed 'upon 'on or before April 1, 1980. 6. -COSTS , All costs incurred pursuant to this agreement shall be borne by CURTIS, inclining escrow fees. BK 13557P6 24Q IN WITNESS t N SS WHEREOF, the parties hereto ?gave executed ..this agreement on the date first above written. CITY OF 'HUNTINGTON BEACH, a municipal corporation Mayor ro tmipore ATTEST; APPROVED AS TO FORM: Ayl�erk City ttornney REVIEWED AND APPROVED: INITIATED AND APPROVED.' POW I Apo y m s razor D re or of Pub is Works CURTIS HUNTINGTON BEACH CO. By 'ROBERT F. CURTIS DEVELOPMENT' CO.,. INC., a<California corporation i� By Pre 'dons t By e ecreCary h: foregoing instrum°nt is a correct GOM of the original on file in this Office. Attestrr�i 19 ' C1101 ilox and cl• t � of the C h( Council of the City of HUnt100,011 00a0, DY4 Ri4C ORDING RFQUFS M BY AN IEN MALT, TO: 39142 , R1.C'a)I EX,() liii, Q ITY OP HLRIT NCTON BEACH C �� " 1lUNT1N, UN 'B8ACi, CA 42648 ' fi 1F i� 1 9 �Q 01 Attii Rea). Property hgent RESOLUTION No. 48.56 LF.c /L BRANCH, Co aiY Reza,der -11 c, A RESOLUTION OF THE CITY COUNCIL OF THE CITL OF HUNTINGTON BEACH DECLARINGCERTAIN REAL f�7 PROPERTY SURPLUS AND STATING ITS INTENTION TO W SELL SUCH SURPLUS PROPERTY GENERALLY LOCATED SOUTH OF WARNER AVENUE' AND WEST OF LYNN STREET The City Council of the City of Huntington Beach hereby resolves as follows: SECTION 1. Pursuant to Division 3, Chapter 5, Article 1 of the California Government Code (commenaLng with Section 37350), sv, the City Council of the City, of Huntington Beach finds and de- clares that -certain city -owned real property is surplus property, and hereby declares its intention to sell such -city -owned real property, more particularly described as follows: Lots 1 and 2 of Block 18, Tract No. 86 in the city of Huntington Beach, County o; O ^ange State of California, as per map re -- corded in Book 10, pages 35 and 36 o1` Miscellaneous Maps in the office of the County Recorder of said county, as granted to the County of orange in a deed from the United States of America, ,recorded January 24., 1950 in BBook 1958, pages 198 through 209 inclusive of official records. EXCEPTING THEREFROM the south 300 feet of the west 300 feet and the aorth 325 feet of the west 300 feet of Lot 1. ALSO EXCEPTING THEREFROM THE so+ath 300 fee., of the east 300 feet and the north 325 feet of the east 300 feet of Lot 2 SECTION "2. The City Administrator is hereby directed and authorized to negotiate the sale or exchange of said, property In accordance with Section 3.06.010 of the Huntington Beach` Municipal Code. PASSED AND ADOPTED by the City Council of the City or /7/°80 a. f.:1N(iaG ZONING BK 3 v 5 ! PG DM '4 ,r `J (' Tl()N,A[ DISTRICT PAP 29 -5- K.,, .•ta �, dpTf +aa Yta •+,r +y .x Fla' Y g■■ •/ jp 7p�',1� aT7p Wrtr 70, tff0 CI 5 OF ? iy CttT GOUrCl4 QRfN4aY,G qp cif a tom+' .�i•" ✓ l'I6CMp "SS_Q .2�1u? ar..Mp q+tSi.�,p r d i weawt 1 + • r '� Y f l BEACH a 7t a r7e till. I- ! giroa•Ct et .x I t:� f �fa lol, F£f} i 1 a sn a u OU � .: 9� f f! Iiry� 17. N ca Gift ORANGE COUNTY, CALIFORNIA Ir A•7! Nat 1(j���j}:atC.IN 4Y. O�vL1 pl Mtr.. PMF 7d+Eh BY ZONE [ASE !"77-ti iifl �J MarH '..+f�tINtS 4mw1•�ir� •,), •ff t0 fr3B CP, 10.l.7a •,TrtOW�,h-if„�S•t0,�f if l,ffni!•tti e,l7 i,i'.!t t•GC ii t6s E tl 7 diWXRHER AV! R1 f 3 ,ff Ri R F 0 _ SAX � R3 Rl <G4� R1 :2 3-19RlCCF— RI s l Rj R"' R R—R L R i RI R 1� �( Ras w AVERI RI . �„�.� � i R2-Pa 14;` Na r R- 1 , o x cl f if° 1 C I b '2 3 WARNER (W1..VTrRS8UaG AVE ,' AVEAVE• see** sjf e44e*000000OD `.stir �jCV,� f9 Inc, i5 c - :Q . 4... • lop i1 1 N � _ �'" m(�•m�+ems;e •••omam®•s,•�o• 'm�a• a _aee•,s�m®®e••e�•„� City --owned property mm•oammee Curtis property e:arioseea•�eee� Blake property .. j Property to be dedicated improved Res. No. 4856 S'1'f I-9 OF CALIFORNIA BK 1 3 5 5% PG 235 do M! L OF ORANGE ) ea: CITY OF aar4TINGTON BEACH' i 1. ALICIA M. WENTUiYM, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of acid City, do hereby certify that the'mole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution vzo passed and adopted by the affirmative vote of morethan a majority of all the mmbers .of said City Council at a regular meeting thereof held on the 17th day of March , 19 80 , by the €olloving vote: AYES: Couucilmn: T;a rs� f4andic.- Bailey, Yoder, Finley WOES: Cotmoilmen: Non --- i 4.BSEW: Councilmen: cAllister AESTAT►; Councilmen: F$Ltinson City Clerk and ex-a.fficio Cleric of the City Council of the City of Huntington Beach, California 'he iorego7ing insfniment is: 3 correct COPY of the odd naf on file in this office. Attest /l1,' La ,.rty Wry, 4A -.Jew 0.16V of tote City ; Councif oft' t;iv i;t tfynblttiv fie"11t, Col, ly.''G! tlf�,t.fy z ►� �' Mkt+r'' mlN'j � , i- C,,,, REQUEST FOR CITY COUNCIL ACTION' a.. Paul E. Cook_ Public Works Submitted by Department Date Prepared Feb. 4 3 19 80 Backup Material Attached 1 Yes No Subject Proposed kacc_hange of Surplus City Owned Property City Administrator's Comment Apprave as rs43y GiTY C13i,3 'v Statement of lsue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of 'issue: Mr. Robert Curtis has proposed to exchange land ,and street improvements at the soutzast corner of Warner Ave. and Sims St. in return for the City declaring surplus and conveying to him two City owned strips of land approximately 10 feet iiz width and located adjacent to his property. The- City Council at its meeting! of January 3, 1980 directed staff to prepare the necessary resolution and agreement in order to effectuate the exchange. ReconT ended Action: t Adopt the attached resolution declaring the City property surplus and authorize the lIayor and City Clerk to execute the attached exchange agreeTent . Analysis: The City owned property is c=przsed of tti n perpendicular strips approximately 10 teet in width and 600 feet in length. The parcels veers originally created for access to the small lot area. The applicant has consolidated all of the lots served by these access strips and they are, therefore, no longer needed. The Planning Commission found the declaration of these. strips as surplus to be in conformance with the General Plan on October 16, 31979. The applicant has proposed to a�change street right of way and street improvements at the corner of Warner Ave. and Suss "t. in return for the City conveying the surplus land to him. Such an exchange would be -,-)f significant benefit t4- the City as the value of this dedication and. the street imj�rovembnts is approximately $55,000. This represents a sub- stantially greater value than the City surplus land which our Real Property Agent indicates would hive a value of 16-20 thousand dollars. The exchange would, therefore, benefit the City in the amount of approximately $29,boO.00. Funding Smwce• None - w funds required.: Alternatives: 1. Retain ownership of the City property. 2. Declare said property surplus but offer for sale at public auction. Attachments: 1. Vacinii� Map 4. Plariring commission action on General Elan Conformance 2. Parcel location asap 5. Resolution of Declaration of Surplus Property and 3.: Letters from Applicants Exchange Agreement ■ f Robert F Curtis Dve1at CQ December 19, 1979 I� i City of Huntington Beach 2000 Main Street Huntington Beach, California 9264$ Attention: Mr. Charles B. Davis Real. Property Agent Gentlemen; I am the owner of the real property situated on Warner Avenue between Lynn andSims. Two seven (7) to ten (10) foot strips owned in fee by the City of Huntington Beach bisect the real property. I have been advised that the strips were originally deeded to the County of Orange by the United States Government which reserved them for access and/or surveyor's error.` The strips serve no useful pur- pose at this time. I am; herewith proposing that the City consider deeding the strips to me in exchange for certain real property and other consideration, as follows: () Dedicate or convey in fee to the City (gat your election) such area of the lot at the intersec- tion of Warner and Sims, as will lie in Warner Avenue, as widened; (ii) Improve the widening of darner Avenue and the corner, at the intersection of Warner and Sims; (ii) improve, with appropriate landscaping, the balance of the acquired lot not lying within Warner Avenue, as widened; (iv) Provide for the maintenance of the landscaped area of the lot; 4952 Warner Ave., Suite 801 4 Huntington. Beach, Cc.92649 ' Business office (714) 696�5618 or (213) 92-2355 Construction office (114) 846 5559 dgftk Page 2 City of Huntington Beach Mr. Charles B-Davis December 19, 19_79 (v) Deed that portion of one of the strips which lies within lots owned by Blake, to Blake, for a` consideration not to exceed an amount equal to the ratio the length of the strip within the Blake property bears to the length of the two subject strips, multiplied by the cost of acquiring and improving they lot at the intersection of Warner and Sims (vi) All costs related to all of the foregoing will be borne by me. I would appreciate your immediate reply to this offer as I am ready to proceed promptly upon approval of Council. For your convenience, I am enclosing a plat on which is identified (a) my real property, (b) the strips owned by the city, (c) the lot at the corner of Warner an6 Sims, and (d) the Blake lots and a schedule of costs related to the acquisi- tion of the lot at the intersection of Warner and `Sims _and the improvement of Warner Avenue and the landscaped elements. Sincerely, r K ert F . Cttr ' s RI'C : rd Lncls,c Minutes, H.B. ;PlanniCommission October 16, 1979 i Page 2', was determined to act on each consent item individually. ON F57T3:ON, BY STERN .AND SECOND BY BAZIL THE MINUTES OF THE MEETING OF SEPTEMBER 27, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOL- LOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil NOES: None ABSENT: None ABSTAIN: _Greer, Shea, Bauer ON MOTION BY KENEFICK AND SECOND BY WINCHELL THE "MINUTES OF THE MEETING OF-OCTOBER 2, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Winchell Kenefck, Bazil NOES:: None ABSENT: None- ABSTAIN: Stern, Greer, Shea,' Bauer ON MOTION BY STERN AND SECOND BY WSNCHEL, CONSENT ITEM A-3,'EXTEN- SION OF TIME FOR CONDITIONAL USE PERMIT NO. 78-21, WAS APPROVE& AS REQUESTED, BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazil, Greer, Shea, Bauer NOES:_, None ABSENT: None ABSTAIN: None ON MOTION BY; STERN AND SECOND BY S'HEA CONFORMANCE WITH GENERAL PLAN NO. 79-15, DECLARATION OF SURPLUS PROPERTY SOUTH OF ii'ARNER AND WEST ' OF LYNN STREET, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Winchell, Kenefick, Stern, Bazi", Greer, Shea, Bauer NOES: None ABSENT: hone ABSTAIN: None ORAL C=4UNICATIO2IS : Stanley Cohen, former Commissioner„ addressed the Conunission in regard to past and future Commission policies and actions, and wished the new 'Commissioners well. REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 79-2.3/TENTATIVE TRACT 10853/NEGATIVE DECLARATION NO. 79-59 AXjplicant: Mola Development Company To permit a one -lot subdivision for the purpose of constructing 224 condominium units on the east side of Bolsa Chica approximately 7A0 feet south of Warner Avenue.