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Home My WebLink AboutHUNTINGTON BEACH COMPANY - SEA CLIFF PARTNERS - 2005-01-18 (2)Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder RECORDING REQUESTED BY ) lilll.Illllllllllllllllllllllllllllillllllllllllllllllllllllllllllllllllllll NO FEE AND WHEN RECORDED MAIL TO: ) 2005004166440 08:03am 03107105 City of Huntington Beach ) 213 110 NO3 3 2000 Main Street ) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Huntington Beach, CA 92648 ) Attn: City Clerk ) (Space above for Recorder's use) This document is exempt from recording fees pursuant to Government Code Section 27383. NOTICE OF RELINQUISHMENT OF RIGHT-OF-WAY EASEMENT WHEREAS, the City of Huntington Beach and the Huntington Beach Company entered N into a landscaping and right-of-way easement on July 19, 1982 (the "Agreement") pertaining to the easement area set forth"on Exhibit A hereto. (Exhibit A is.incorporated into this notice by this reference.); and The Agreement provides that either.party may terminate the rights granted under the Agreement upon six (6) months notice; and The City of Huntington Beach no longer has a need for the easement area; and On-January-18, 2005-the-City-Council voted to reliriquish-the City's`rights under the Agreement. and directed the City Attorney to send notice of the same, NOW, THEREFORE, the City of Huntington Beach hereby gives notice of its termination of all rights granted to the City of Huntington Beach by the above -referenced agreement. TO: Seacliff Partners c/o New Urban West, Inc. Attn: Mr. Tom Zanick 520 Broadway, Suite 100 Santa Monica, CA 90401 DATED: February 9, 2005 This doaxnwt Is solely for the ofkW buelraas of Bw Clty of Hun*oon Beach, as contemplated under fovea wt Code Sec. 8103 and should be recorded free of charge. ii=-Exampt ,mment Agency O9 Y OF HUNTmTc)N 9F.Ac i Huntington Beach Company c/o Chevron Land and Development Company Attn: Mr. Don Means 145 S. State College Blvd., 4th floor Brea, CA 92822 FOR THE. CITY OF HUNTINGTON BEACH BY JENNIFER MCGRATH, CITY ATTORNEY scs/relinquish I_ �82-2$3480 I g.umrr i LEGAL DESCRIPTWN PC& LANDSCAPING AND RIGHT OF WAY AGREEMENT That portion of Parcel 1, in the City of Huntington Beach, County of Orange, 4 State of Catiforida, as per map retarded In Book 40, Page 40 of Parcel Maps, records of said County, more particularly described as follows: Consmeneing at the centsrune Intersection of Palm Avenue and l7th Street as shown on referenrad map; thence along said centerline of 17th Streit N 41 -39' 1 4910 $, 1627.90 teeti thence leaving Bald centerline N 43 21' 25" W, 45.00 feet to 'the northWesteriy right of way fine of 17th Street and the TRUE POINT OF B&C@INNTNGi there N 4a 21' 23" w, 341.32 feet to a point an the boundary line between Pareris 1 and 2 of said Parcel Map; thence along said boundary line S 41 39' 35" W 60.92 feet, thence S 03 21' 25" 1, 341.12 tact to the.northwesterly right of way line. of 17th Street, thence along Said nrrthwesterly line N tit 3T 49" E, 40.32 tent to the true point of beginning. iff City of Huntington Beach ,:'r� • P.C. say toe CALIFORNIA 92648 r�!:t DEm CE3�IFtf11'ION Zht.s it to cerC_£y that th0 L►:teresc 11% Lobes a:o 1982 from Huntingtonpetcy wnveyea uy the died doted July 19, Beach Company to tba' City of Hu ncington 86aeb a tauttieipal corporation in hereby !secepted by the undersigned officer or agent on behalf of the City Council of the CITY OF HIMfINGTON WACH, pursuant co the authority coafarrad by Revolution Nc.3537 oC the City Council of the Cicy of s}i. tiagton Beach adoppted an August 7 1972, and the grantee consents �ti the reeordat3.on thereof by its duly authorized officer. `Dated: August 13, 1982 C1`fY OP ftlre?LI=CN BFACK i .• bLIMA W. WWTW "r0' l y er —A i■ . r� 7� PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ss. COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. On 6;�- ! '� 4 b� ; I served the foregoing document(s) described as: NOTICE OF RELINQUISHMENT OF RIGHT-OF-WAY . on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Seacliff Partners Huntington Beach Company c/o New Urban West, Inc. c/o Chevron Land and Development Company Attn: Mr. Tom Zanick Attn: Mr. Don Means 520 Broadway, Suite 100 145 S. State College Blvd., 4th floor Santa Monica, CA 90401 Brea, CA 92822 a. [ X ] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid.. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. BY DELIVERY BY HAND to the office of the addressee. BY PERSONAL DELIVERY to the person(s) named above. BY FAX TRANSMISSION TO NO. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on . —! �'-U 5 , at gton Beach, California. 0 CITY OF HUNTINGT6N BEACH INTERDEPARTMENTAL COMMUNICATION +a _T. C TO: City Clerk's Office o FROM: Jonathan Claudiolf Associate Civil Engineerco SUBJECT: Notice of Relinquishment of Right -of -Way Easement T� N DATE: February 17, 2005 UJ v -n Please have the attached notice, exhibit, and proof of service recorded with the County Recorder and provide me with a copy upon recordation. Thank you. OWNER: 1) Seacliff Partners; and 2) Huntington Beach Co. Reference: Tract 14321 LOCATION: Portion of Estate Cir. (formerly Veladare) northwesterly of 17th St. GAEngineering Division\BOGAR RBonds\Tract 14321\Recordation Request to City Clerk.doc Q eM tom-/' �- (�J ' M e G,-w Council/Agency Meeting Held: l - 14f 010 Deferred/Continued to: W, jv-.L, }�1 Ap roved ❑ on itiona ly A proved ❑Denied "r� Cit CFMignae Council Meeting Date: 1/18/2005 Department ID Number: PW 04-074 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: PENELOPkC ETH-GRAFT; CIT�YYAD T OR PREPARED BY: OBERT F. BEARDSLEY, PE, DIRECTOR OF PU IC WORKS SUBJECT: Notice To Terminate Landscaping and Right -Of -Way Agreement Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The City desires to terminate the terms and rights granted to it under a 1982 Landscaping and Right -of -Way Agreement via written notification to the Grantor, the Huntington Beach Company. The area covered by this easement is on a portion of Estate Circle (formally Veladare Circle) that has. since been incorporated into a private street and an HOA maintained common area. Funding Source: Not Applicable. Recommended Action: Motion to: Instruct the City Attorney to give written notice terminating the terms and rights granted by the Huntington Beach Company to the City of Huntington Beach in the 1982 Landscaping and Right -of -Way Agreement, as amended by Document Number 93-0670669. Alternative Action(s): Deny the recommended action. If denied, the City would retain landscape easement rights to the property and potentially be in conflict with the Conditions of Approval and CC&R requirements for the recently developed Tract 14320. O G7 _T _ CD } i� f V C7. _Q V • REQUEST FOR ACTION • MEETING DATE: 1/18/2005 DEPARTMENT ID NUMBER:PW 04-074 Analysis: On July 19, 1982, the Huntington Beach Company granted to the City "a non-exclusive easement for the construction, installation, maintenance and repair of trees, shrubs, grass and other landscaping and a non-exclusive right-of-way for pedestrian and vehicular ingress and egress" over a strip of land originally intended for use as an access to Worthy Park (cross -hatched area on Attachment 1). In December of 1983, a permanent access to Worthy Park was constructed off of 17th Street. Consequently, the City no longer required the rights granted under this easement and has not pursued use of this easement. As provided in the Agreement, "the rights... granted to Grantee (City) shall terminate after six (6) months prior written notice given by either Grantor [Huntington Beach Company] or Grantee to the other party." On March 15, 1993, the original 1982 Agreement was amended by Document Number 93- 0670669 to reduce the width .of the easement area so as to accommodate the development of Tract 14320 to the southwest of Worthy Park. A remnant portion of the 1982 easement was left and now co -exists on a portion of what is now known as Estate Circle, a private street. Estate Circle was a former access road to an oil island and the adjacent high school parking lot. The oil island and the access road easement rights were sold to a private party for the development of what is today known as Tract 14321 (Crystal Island). When this tract was developed, the City required the access road and the adjacent landscaping within the easement to be privately owned and maintained by the Homeowners Association from 17th Street to the boundary of Tract 14321 (Crystal Island) as it served only as the primary access to this residential tract development as well as the High School. Accordingly, the developer of Crystal Island identified and included the access road and the adjacent landscaping within the access road easement, into the common area and assigned the maintenance of these improvements to the Crystal Island Homeowners Association through the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements recorded with the Tract. Thus, the original easement granted to the City is now neither used nor necessary. . Upon City Council approval, the City Attorney will prepare a written notice (sent via certified mail) to the Huntington Beach Company, c/o Chevron Land and Development Company (grantor) that we are terminating all our interest in the 1982 Landscaping and Right -of -Way Agreement granted to the City. Public Works Commission Action: Not required. Environmental Status: Not applicable GAR C A\2004\04-074 Sept 7 Claudio (Notice to Terminate Landscaping & Right -of -Way Agreement).doc -2- 12/28/2004 4:52 PM • • REQUEST FOR ACTION MEETING DATE: 1/18/2005 DEPARTMENT ID NUMBER:PW 04-074 Attachment(s): GAR C A\2004\04-074 Sept 7 Claudio (Notice to Terminate Landscaping & Right -of -Way Agreement).doc -3- 12/28/2004 4:52 PM 0 ATTACHMENT #1 s Tract 14321 i i i e Landscaping and Right of Way Easement to City of HB, per Instrument number 82-293480, amended by Document number 93-0670669 from HB Company \ Tract 14320 Access Easement to Crystal Island, LLC Huntington Beach Union High School District F 66 e Ws ,_7 City of Huntington Beach "Worthy Park" ` j / 11-01 / / Ar 01 Alin ,- * s� 90 �9 GRAPHIC SCALE 1 inch = 150 ft. 150 0 75 150 300 VICINITY MAP .J J � CITY OF HUNTINGTON BEACH F DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Give N i to Terminate Landscaping and Right -of -Way Agreement COUNCIL MEETING DATE: January 18, 2005 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not A licable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached Not Applicable ❑- (w/exhibits if applicable) Attached Not Applicable El (Signed in full by the City Attorney) Subleases, Third Party Agreements, etc. Attached Applicable ElNot ED (Approved as to form by City Attorney) Certificates of Insurance ( Approved b the CityAttorne y) Attached Not Applicable Ely Fiscal Impact Statement Unbud et, over $5,000 p ( g ) Attached Not Applicable ❑ Bonds (If applicable) Attached Not Applicable ❑ Staff Report (If applicable) Attached Not Ap licable ❑ Commission, Board or Committee Report applicable) If a p ( pp ) Attached Not Applicable ❑ Find in s/Conditions for Approval and/or Denial g pp Attached Not Applicable ❑ EXPLANATION FOR MISSING ATTACHMENTS w REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator Initial ( ) ( ) City Administrator Initial ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: Joe Claudio CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Joan Flynn, City Clerk o FROM: Paul Emery, Acting Director of Public Works z =, _D SUBJECT: Late Communication — January 18, 2005 Council Meeting r r Item E-5 DATE: January 14, 2005 This is to request that the following revisions (shown in italics) to the staff report on the subject City Council Agenda Item E-5 be considered: Recommended Action: Motion to: Instruct the City Attorney to give written notice to the Huntington Beach Company and the current owner or any person(,) deemed appropriate to he notified by the City Engineer terminating the terms and rights granted by the Huntington Beach Company to the City of Huntington Beach in the 1982 Landscaping and Right -of --Way Agreement, as amended by Document Number 93-0670669. Alternative Action(s): Deny the recommended action. If denied, the City would retain landscape easement rights to the property and potentially be in conflict with the Conditions of Approval and CC&R requirements for the recently developed Tract 1432.1. GAEngineering Division\Claudio\Correspondence\Late Communication - 1.18.05 Council Mtg.doc