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HomeMy WebLinkAboutProperty Acquisition - Huntington Beach Company - SW Corner City of Huntington Beach • , P.O. BOX 190 CALIFORNIA 62668 � r OFFICE OF THE CITY CLERK December 19, 1979 Huntington Beach Company 2110 Main Street Huntington Beach, CA 92648 Attn: Stan Young Gentlemen: The City Council of the City of Huntington Beach at its regular meeting held December 17, 1979 approved an agreement between the City and Huntington Beach Company allowing the City to acquire the property located at the southwest corner of Palm Avenue and 16th Street for use as a parking lot for the City gym and pool . We have enclosed a duly executed copy of said agreement for your records. Sincerely yours, Alicia M. Wentworth City Clerk AMW:cd Enclosures cc: Vince Moorhouse - Community Services Dept. . July John - Finance Dept. liq AGREEMENT FOR THE SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY ," and HUNTINGTON BEACH COMPANY, a California corporation, hereinafter referred to as "GRANTOR. " RECITALS A. WHEREAS , CITY desires to purchase certain real property in the City of Huntington Beach; and B. GRANTOR is the owner of that certain real property and desires to sell same to CITY , C. CITY is acquiring said real property under threat of eminent domain. NOW, THEREFORE , the parties hereto do covenant and agree as follows: 1. REAL PROPERTY: CITY agrees to purchase from GRANTOR and GRANTOR agrees to sell to CITY that certain real property as shown on a map attached hereto as Exhibit "A ," and described as follows: Lots 25 and 27 of Block 616 , Huntington Beach 17th Street Section, in Huntington Beach, County of Orange , State of California, as shown in Book 4 , Page 10 of Miscellaneous Maps of said county. hereinafter referred to as "Said Property. " 2. PURCHASE PRICE: CITY agrees to purchase and GRANTOR agrees to sell and convey by grant deed at the close of sale Said Property in fee excepting those reservations as provided in said Grant Deed attached hereto as Exhibit "A," and incorporated herein by this reference for a total purchase price of One Hundred Ten 1. CM:bc -11 i1)7 /70 Thousand Dollars ( $110 ,000) in cash, to be paid in full at the time of closing sale. 3. RESTRICTIONS : Sale of Said property is subject to any conditions , cov- enants , and restrictions and any easements of record as of the date of close of sale. 4. TITLE INSURANCE: GRANTOR agrees to provide , at its sole cost , in favor of CITY, a standard California Land Title Association Policy of Title Insurance covering Said Property. 5. CLOSING: Possession of Said Property shall be delivered to CITY at the time of closing. The closing shall be at any mutually ac- ceptable title or escrow company, within forty-five ( 45) days following the execution of this Agreement by both parties , or at such other place as mutually agreed upon. 6. FEES AND COSTS : CITY agrees to pay all customary closing costs including escrow fees , recording fees and costs for preparation of docu- ments. 7. TAXES : Taxes for the current year shall be prorated to the date of closing. 8. TIME OF THE ESSENCE : Time is of the essence of this Agreement. 2. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the dates so indicated below. CITY OF HUNTINGTON BEACH, a mun' cipal corporation Date: f•2�Z2 Mayor ATTEST: APPROVED AS TO FORM: ALICIA M. WENTWORTH, CITY CLERK By: epu yUlty UlerV Citorney HUNTINGTON BEACH COMPAN a California corporation Date: l��/�/7cj By By 3• 0o s .SE'CT10NAL DISTRICT MAP 10-6-II CITY O T T N {N j N ORANGYE' CO UN 'Y , CA1,1FOBNIA USE OF PROPERTY MAP P,eoPoseD PAeKr,t ro [or - D �� �' •.' :�� C -Y GYM 44 \a\ OcFq,� .,�'�� ` ''. `. Ear~;� (� .��\�. ��i�.' .�• \�'h�. ;,�. - `\ C�/ ,\ � Jam' \\�� \\✓�\�� ,: U i � • j it I i 4 ea. PALM AVE. 4 pYcr �pv�C3 ��a 101,5' WALKWAY I 13� FLA(UTC-R ce w II 19 � w J Z I a d �. iU 1�1 ce. i 6 15 w � J G a J 39 9 ea PLANTER 41 4' 6' Z'7 . SEE SPECIAL PAGE 2.3-149 FOR SUBSURFACE FEE TITLE ASSESSMENT 29 / 10 23-14 l ° PALM AWAVE I l 2 v ` ' LAJ PO 9i 19i _ l zo 19 -- --�Q{ 9'—�8 4 ;4 z4) 20 8 �J 2 19 6 I S (77 22) 0 g ACACIA AVENUE 1 v .n •r t Z14 ze 24)2 i r ti za 2a : 22, Il z2 / ` 5 _ 2� , ,PIP jy - / r--- 105 t Via-r- ] +,14 -1 � "J / 109 L' q� 20) �uFlV T r, b PECAN /MA6N0L/A A�£./ fA-- MARCH 1948 PARCEL NUMBERS SOOKP3 PAGE l4 O < NUNT/hG'TON BEACH, SEVENTEENTH Sr SEC. M M. 4-/O SHOWN /N CIRCLES COUNrr OF ORANGE r_ REQUEST" FOR CITY COUNCIL ACTION Submitted by Vincent G. Moorhouse Department CQMinity Serv;cps Date Prepared December 10 11979 Backup Material Attached F;� Yes No Subject Purchase of T anj at Snut-hU7Pst. rr)rnp32 of ggim AZ7Pn17P and qi xt-PPnt-.h Street for City Gym Parking Lot City Administrator's Comments Approve as Recommended. APPROVED BY CITY COUNCIL -------------L 2 1 i.' CITY ER-W Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: % STATEMENT OF ISSUE On May 7 , 1979 , the City Council adopted Resolution No . 4744 which authorized acquisition of the subject property for use as a parking lot for the city gym and pool . RECOMMENDATION Approve attached agreement between City and Huntington Beach Company to acquire the subject property for the appraised value of $110 ,000 , subject to conformance with General Plan. ANALYSIS Resolution No . 4744 authorized acquisition of this land and application for grant funds unde-r, the Roberti-Z 'berg Urban Open-Space and Recreation Program. Upon ,this authorization, the property was appraised and the valuation was established as $110'.000 . The owner of, the property, Huntington Beach Company , has agreed to sell at the appraised value and has requested that the sale be completed before January 1 , 1980 . FUNDING SOURCE Roberti-Z 'berg grant funds in the amount of $35,576 and the bal nc frorr� Park Acquisition and Development which has a current balance of 1,e406 ,a5 . 74 . ALTERNATIVE ACTIONS Do not approve agreement to acquire subject property . RESOLUTION -NO. 4744 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN- SPACE AND. RECREATION PROGRAM TO ACQUIRE LAND FOR PARKING FOR CITY GYM AND POOL WHEREAS, the legislature of the State of California has enacted the Roberti-Z'berg Urban Open-space and Recreation Program, which provides funds to certain political subdivision of the State of California for acquiring lands and for developing facilities to meet urban recreation needs; and The State Department of Parks and Recreation has been dele gated the responsibility for the administration of the program, setting up ne.cessary procedures governing application by local agencies under the program; and n Said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and Said applications contain a certification that the applicant will comply with all federal, state , and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes , laws and regulations prior to the expenditure of the grant funds; and The project applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with emphasis on unmet needs in the most heavily-populated areas; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach hereby: 1. Approves the filing of an application for funding under the Roberti-Ztberg Urgan Open-space and Recreation Program; and 2. Certifies that said agency understands the general pro- /ahb 1. 4/13/79 visions of the agreement; and 3. Certifies .that said agency has or will have sufficient funds to operate and maintain the project funded under this pro- gram; and ' 4. Certifies that said agency has or will ,have available prior to commencement of any work on the project included in this application matching money from a nonstate source; and 5. Certifies that the project included in this application conforms to the recreation element of the applicable city. general plan; and 6. . Appoints. the City Administrator as agent of the City of Huntington Beach to conduct all negotiations, execute and submit all documents including but not limited to applications, agree- ments, amendments, payment requests, and so on which may be nec- essary for the completion of the aforementioned. project; and 7. Appoints the City Attorney as legal counsel for said agency with authorization to sign the certification on page 1 of t said application. f APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of May 1979. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROV D: Cit Administrator ector, arbors, Beaches'. Recreation and Parks 2. No, 4744 y STAGE OF CALIFORNIA ) COUNTY OF ORANGE .cnt CITY OF HUNTINGTON BEACH ) kt_ I, ALICIA M. WENTWORTH, .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 Huntington Beach is. seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of May 19 79 by the following vote: AYES: Councilmen: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder NOES: Councilmen: None t: . D ABSENT: Councilmen: None City -Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED hWL TO. CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 Huntington Beach,Calif. 92648 This document is solely for the official business of the City of H.untington,Beach, as contem-plated under Government Code SBQ. 6103 and should be recorded free of charge. CORPORATION GRANT DEED The undersigned grantor declares: DOCUMENTARY TRANSFER TAX 1.5 $. computed on full value of the property conveyed. ("X") REAL PROPERTY LOCATED IN THE CITY OF HUNTINGTON BEACH " By this instrument dated , for a valuable consideration, HUNTINGTON BEACH COMPANY, a corporation organized under the laws of the State of California, hereby Grants to: { THE CITY OF ,HUNTINGTON BEACH i i the following described real property located in the City of Huntington Beach, County of Orange. State of California: f Lots 25 and 27 in Rlock 616 in the Huntlilpton Beach Seventeenth Street Section, as Shown on a mip thrrvor t recorded In book Is. page 10 of Mincellanenun Maps, records of. sold Orange County, California. EXCEPTING AND RESERVING to Huntington Beach Company, a California corporation, its successors and assigns, from that portion (herelcinfter called the "sub-500 portion") of Bald real ,property lying below a depth of five hundred (500) feet beneath the surface thereof, all oil, gas, asphaltum and other hydrocarhons and all other minerals whether similar or dissimilar to those herein specified and including all fissionable materials within or that may be produced or extracted or taken from the,94b-500 portion of the said real property, which said oil, "s, asphaltum, hydrocarbons and materials shall be hereinafter collectively called the "sub-500 minerals", and, FURTHER FXCIiPTING AND RF.SF,RVING to Huntington Beach Company. a California corporation, its successors and assigns, from that portion (hereinafter called the "sub-200 portion") of said rent property lying below a depth of two hundred (200) feet beneath the Hurface ther"or, the following: (A) The sole and exclusive right, from time to time, to locate and to maintain aohsurface portion~ of oil and g:+s wells In the Hub-200 portion of aald real property and the right to drill for, produce, extract and take the s0-500 minerals from the sub-500 portion of sa.td real property.and the right to r.KPVCiHe all of the rtghta and privilege:: neceHsary for such drilling„ producing, extracting slid talitng; and, EXHIBIT "A+' (B) The sole and exclusive right to use the sub-200 portion of said real property to conduct operations, from time to time, by methods now known or unknown -which, in the opinion of the Huntington Beach Company, are reasonably designed to benefit or facilitate the drilling for or production, extraction or taking of the sub-500 minerals from the sub-500 portion of said-real property or any minerals from other lands other than said real property` (hereinafter called the 'other lands"). together with the right.to drill a.well or wells or use any existing wells in, into or through the 6ub-200 portion of said real property. for the purpose of injecting into the sub-500 portion of said' real. property or into other lands, •oil, gas, air, l4 water or other liquid or gaseous substances, including the right, from time to time, to ignite or otherwise activate any or all of such substances so injected-or any or all of the sub-500 minerals within the sub-500 portion of said real property or any minerals from other lands; and, (C) The sole and exclusive right, from time to timg, to drill into and through the yub-200 portion of wild real property from other lands by means of a well ur wellu 411114.41 Iran the nurlave of ilher lsar.idn, tigelher wlth the solo tend ext•luslve r1glrt to repair, rcJrll1. deepen, mul.nlnlu, re-work turd operate such wells and produce any minerala from other lands by means of 'such well, or wells. through the sub-200 portion of said real property; and. (D) The sole and exclusive right, from time to time. to locate, operate and maintain subsurface portions of wells in, into or through the sub-200 portion of said real property and the right, from time to time, to inject, store, pressurize and remove the sub-500 minerals or any minerals from other lands for the purpose of storing the same in the sub-500 portion of said real property or in other lands. THE ABOVE described rights, as excepted and reserved to HUNTINGTON BEACH COMPANY. a California corporation, its successors and assigns, shall not be limited to, or by, the first or any subsequent exercise thereof.. NOTHING heieinabove set forth shall be deemed to reserve to HUNTINGTON i BEACH COMPANY, a California corporation, its successors or assigns, any interest in the surface or in any portion of said real property lying within two-hundred � . (200) feet measured vertically downward from the surface of said real property. FURTHER EXCF.PTLNG AND RESERVING to HUNTINGTON BEACH COMPANY, a Calif- ornia- corporation, its successors and assigns. all water rights of or related to or appurtenant to said real property. Includtiog. but nit 11m1Ued to. sail right to percolating wntera. arlerrlan waters and underground etresms. but eKcluding the right of surface entry. THIS GRANT DEED IS MADE SUBJECT TO ALL MATTERS OF RECORD. IN WITNESS N119REOF. said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by-its Vice President and Assistant Secretary there'unto duly authorized. HU14TINGTON BEACH COMPANY r= By ApPROUIZa AS TO FORMt Vice President GAIL• !IUTiON City Attorney By Assistant Secretary By*] Assistant City Attorney EXHIBIT "A"