HomeMy WebLinkAboutAcceptance of Dedication of 4.5 Acres of Land For Park Purpo Council/Agency Meeting Held: /Z.,.!r'`gr
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's Signature
Council Meeting Date: 12/04/95 Department ID Number: FD 95-018
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini or
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrat
RON HAGAN, Director, Community Services
MICHAEL P. DOLDER, Fire Chief
SUBJECT: ACCEPTING THE DEDICATI N OF 4.5 ACRES OF LAND FOR
PARK PURPOSES FROM THE HUNTINGTON BEACH
COMPANY
Statement of Issue,Funding Source,Recommended Action, Alternative Action, Analysis, Environmental Status,Attachment(s)
Statement of Issue: Consideration of accepting the dedication of 4.5 acres of land for park
purposes from the Huntington Beach Company which is provided for in the Holly/Seacliff
Development Agreement.
Funding Source: No funding is required. The land dedication is provided at no cost to the
City as part of the Holly/Seacliff development agreement (Attachment 1).
Recommended Action: BY MOTION, accept the transfer by Corporation Grant Deed of
A.P.N.:110-151-15 AND 16 from the Huntington Beach Company to the City of Huntington
Beach and direct City Clerk to record same.
Alternative Action(§): Take no action and do not accept the dedication of 4.5 acres of
land for park purposes as provided by the Holly/Seacliff Development Agreement.
Analysis: The Holly/Seacliff Development Agreement, Section 2.2.1 (a), 7) page 11
(Attachment 1), provides for the five (5) year option for the City to accept the dedication of
either 2.7 acres (a portion of APN 110-015-60) or 4.5 acres (APN 110-151-15 and 16) of
land for park purposes. On April 4, 1994 the City Council considered the two (2) parcels
and identified the 4.5 acres, located on the northeast corner of Ellis Street and Edwards
Avenue, as the parcel of choice. Council also directed staff to prepare a grant deed for
acceptance of APN 110-151-15 and 16. At the same meeting, Council directed staff to
REQUEST FOR COUNCi_ ACTION meeting Date: 12/04/95
SUBJECT: ACCEPTING THE DEDICATION OF 4.5 ACRES OF LAND FOR
PARK PURPOSES FROM THE HUNTINGTON BEACH COMPANY FD 95-018
prepare an amendment to the Holly/Seacliff Development Agreement #90-1 to provide
that upon termination of the existing oil and gas operations on APN 110-151-15 and
16, Seacliff Partners will abandon all wells on the property and remediate any on-site
contaminated soil in accordance with City and State clean-up standards. However, an
amendment to the Holly/Seacliff Development Agreement#90-1 was not prepared, and
is not needed, since State law . prescribes the process for the removal and
abandonment of oil wells and the City's soil standards are applied when the oil well
abandonment process is completed.
Environmental Status: The 4.5 acre parcel (APN 110-151-15 and 16) includes an
operating oil lease which currently has five (5) oil wells and oil storage tanks located on
the lease. These oil wells and storage tanks would remain on the parcel of land until
oil production is discontinued. The Grant Deed excludes the oil and mineral rights and
the water table below the parcel. This oil, mineral and water exclusion disassociates
the City from any soil or water cleanup responsibilities. All soil contamination and
cleanup responsibilities will remain with the oil operator and not the land holder. The
Huntington Beach Company, which owns the oil lease, estimates that oil production will
continue for at least five (5) more years. At the time oil operations are stopped, State
law prescribes the oil well abandonment process and City soil standards are used for
all soil cleanup on the site. Since the entire parcel is an oil lease, all areas of the
parcel will be included in the cleanup evaluation at the time oil well abandonment
occurs.
Attachment(s):
City Clerk's
Page Number
1. Page 11 of the Holly/Seacliff Development Agreement.
2. Corporation Grant_ Deed transferring APN 110-151-15 and 16 from
the Huntington Beach Company to the City of Huntington Beach.
FD95-018.DOC -2- 11/28/95 8:53 AM
ATTACHMENT: 1
3) 6 . 7 acres (a portion of APN 110-015-60 ,
61) by December 31 , 1991 .
4 ) 7 . 7 acres (a portion of APN 110-015-56) by
June 30 , 1992 .
5) 7 . 8 acres (a portion of APN 110-015-56 , 57
and 58) by December 31 , 1992 .
6) 3 .°6 acres (a -portion of APN 110-230-11)
after Shell gas plant~removed -and no �later than December 31,
7) City shall have the option for five (5)
years from the Effective Date to accept dedication of either
2 . 7 acres (a portion of APN 110-015-60) or 4 . 5 acres (APN
110-151-15 and 16) . Notwithstanding the provisions of
2 .2 . 1(b) through 2 . 2 . 1(e) City shall accept dedication of
the 4 . 5 acre parcel herein subject to the continuation of
all oil production and related operations .
(b) ;The surface of all-:.`dedicated land shall be
;granted free and clear of any oil and gas related producing
equipment owned or directly controlled by Developer or its
'affiliates . Oil and gas wells , underground pipelines and
transmission lines no longer in use shall be abandoned in
compliance with the State of California Division of Oil and
Gas standards . All remaining functional pipelines shall be
buried no less than 48" below present grade and shall be
identified in easements . Any contaminated soils shall be
11
ATTACHMENT. , 2
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 6, 1995
Gary L. Granville, County Clerk-Recorder
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find the enclosed deeds to be recorded and returned to the City of
Huntington Beach, Office of the City Clerk, 2000 Main Street,Huntington Beach,
CA 92648.
v
Connie Brockway, CMC
City Clerk
Enclosures
gAfollowup\deedltr
(Telephone:714-536-5227)
Recorded in the County of Orange, California
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111111Jill Clerk/Recorder
Fee
r
004 14000629 14 23 19950550159 2:23pm 12/08/95
G02 8 04 0.00 7.00 21 .00 0.00 0.00 0.00 0.00
0.00 0.00
WHEN RECORDED MAIL TO:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Clerk
This document is soley for the official
MAIL TAX STATEMENTS TO: business of the City of Huntington Beach,
Same as Above as contemplated under Gov't Code Section
6103, and should be recorded fret f'charge
A. P. N.:110-151-15 AND 16
CORPORATION GRANT DEED
FOR GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS
HEREBY ACKNOWLEDGED, HUNTINGTON BEACH COMPANY, a California corporation,
("Grantor"), hereby grants to CITY OF HUNTINGTON BEACH, a California municipal
corporation, ("Grantee"), conditioned upon such Property, as defined below, being used as open
space, public park or recreational purposes for the period of fifty (50) years from the date hereof,
that certain real property located in the City of Huntington Beach, County of Orange, State of
California(the "Property'), described on Exhibits A-1 and A-2 attached hereto and hereby made a
part hereof.
SUBJECT TO:
(a) Easements, liens, charges, covenants restrictions, reservations and other matters of
record, encumbrances, and any and all amendments, modifications and/or supplements thereto
recorded in the Office of the County Recorder, Orange County California.
(b) Matters that can be ascertained by a reasonable inspection and/or survey of the
Property.
EXCEPTING THEREFROM all oil, gas and other hydrocarbons, geothermal resources,
and all other minerals, whether similar to those herein specified or not, within or that may be
produced from said Property.
FURTHER EXCEPTING AND RESERVING THEREFROM the sole and exclusive right
from time to time to drill and maintain wells or other works into or through said Property and the
adjoining streets, roads and highways and to produce, inject, store and remove from and through
such wells or works oil, gas, water and other substances of whatever nature, including the right to
perform any and all operations deemed necessary or convenient for the exercise of such rights.
FURTHER EXCEPTING AND RESERVING THEREFROM any and all water rights or
interests therein, together with the right to grant and transfer all or a portion of the same, no
matter how acquired by Grantor, owned or used by Grantor in connection with or with respect to
the Property, together with the right and power to explore, drill, redrill, remove and store the
same from the Property or to divert or otherwise utilize such water rights or interests on any other
-ix-Exempt-Government Agency
TY OF HUNTINGTON BEACH
c -
;;, Connie Brockway. Ch1C
ity cl
erk11/28/95 C
C;,::
6103 a: d should L ., .
6103 a:2d s_lould bo
free of char Deputy City Clerk
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property, whether such water rights or interests shall be riparian, overlying, appropriative, littoral,
percolating, prescriptive, adjudicated, statutory or contractual; but without, however, any right to
enter upon the surface of the Property in the exercise of such rights or upon the upper thirty (30)
feet of the subsurface of the Property, and also without any right to enter upon the subsurface of
the Property in such manner as to materially impair the support or stability of any structures or
improvements from time to time located on the Property.
FURTHER EXCEPTING AND RESERVING to Grantor, its successors and assigns, a
ten foot (10")wide a non-exclusive easement from time to time to lay, construct, reconstruct,
replace, renew, repair, maintain, operate, change the size of, increase the number of, and remove
pipelines and appurtenances thereof, for the transportation of oil, petroleum, gas, gasoline, water
or other substances and devices for controlling electrolysis for use in connection with said
pipelines, and to construct, maintain, operate, repair, renew add to and remove underground
wires, conductors, cables and conduits, and appurtenances thereof,with the non exclusive right of
ingress and egress to and from the same, ewer and through, under or along _hat certain parcel of
land in the City of Huntington Beach, County of Orange, State of California, described in Exhibits
"B-1" and "B-2" attached hereto and made apart hereof. Said pipelines and underground wires,
conductors, cables and conduits shall be laid so that the tops thereof are at least forty eight (48)
inches beneath the surface of the ground. Grantee shall not construct or maintain the whole or
any part of any building or other structure on said Premises, or in any manner impair or interfere
with the present or prospective exercise of the rights granted herein. Notwithstanding the
forgoing, Grantee may install nonreinforced improvements on the surface of the Premises.
19
IN WITNESS WHEREOF, Grantor has executed this Corporation Grant Deed this0e/day
of November, 1995.
GRANTOR:
HUNTINGTON BEACH COMPANY,
a California corporation
By:
Its: _
AP-TTOV.uD A) TO 1+OR1,1:
G_ii, 1.TJ'.f'I'OIT„ City Attorney By: L r ---
Zy:, Deputy City Attorney Its:
F� a�� ,
11/28/95
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE )
On November 29, 1995, before me, Kathy Spencer, Notary Public, personally appeared
B.J. Shally and Gary L. Weaver personally known to me (or provided to me on the basis
of satisfactory evidence) to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacities, and that by their signature on the instrument the person, or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
KATHY SPENCER
comm.O1016168 Z
Notary Public—CaUfaNa
ORANGE COUNTY
Ow
Comm.Expires FEB IL 1998
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Not ry Signature
EXN 161T A-1
LEGAL DESCRIPTION
FOR
LINEAR PARK
PARCEL 7B
FARM LOT 48, BEING THE WEST HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP
5 SOUTH, RANGE 11 WEST, PARTLY IN THE RANCHO LA BOLSA CHICA AND PARTLY
IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THE WESTERLY 40.00 FEET AND THE SOUTHERLY 50.00
FEET OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34 AND THAT PORTION
LYING SOUTHWESTERLY OF A CURVE CONCAVE NORTHEASTERLY HAVING A
RADIUS OF 32.00 FEET, SAID CURVE BEING TANGENT TO A LINE PARALLEL WITH
AND 40.00 FEET EASTERLY OF THE WEST LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 34, AND TANGENT TO A LINE PARALLEL WITH AND 50.00 FEET
NORTHERLY OF THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION
34.
CONTAINING AN AREA OF 4.06 ACRES, MORE OR LESS.
iQ�tOFESSIp
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ALDEN & LEGAL DESCRIPTION FOR
SSOCIATES LINEAR PARK
PARCEL 7B
CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. No. 0844-273-1 Date 2/6/9 1
18012 COWAN,SUITE 210 • IRVINE, CA 92714
714/66"110 FAX:660.0418 Engr. PER Chk. Sheet 1 of 2
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I"&ALDEN & SKETCH 7b AccOMOA�/Y
A LEziAL. FOR
SSOCIATES G/,t/EQR PARK, FA; RGEG 7,5
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS Off¢¢ _273 / O•I' 2
16012 COWAN,SUITE 210• IRVINE,CA 92714 WO.No.
7141660.0110 FAX:6600r1! En r. RR• Chit. Sh�nl 2 Of 2
EXHIBIT
LEGAL DESCRIPTION
BEING THAT PORTION OF FARM LOT 48, SAID LOT 48 BEING THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, PARTLY IN THE
RANCHO LA BOLSA CHICA AND PARTLY IN THE RANCHO LAS BOLSAS, ALL IN THE
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
A STRIP OF LAND 10.00 FEET WIDE LYING NORTHERLY OF THE SOUTHERLY 50.00
FEET OF SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34.
TOGETHER WITH THE SOUTHERLY 350.00 FEET OF THE WESTERLY 50.00 FEET OF
SAID WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 34.
ALSO TOGETHER WITH THAT PORTION OF SAID WEST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 34 LYING SOUTHWESTERLY OF A CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 22.00 FEET, SAID CURVE BEING TANGENT ON THE SOUTH TO
A LINE PARALLEL TO AND 60.00 FEET NORTH, MEASURED AT RIGHT ANGLES, FROM
THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34 AND TANGENT
ON THE WEST TO A LINE PARALLEL TO AND 50.00 FEET EAST OF THE WEST LINE OF
SAID NORTHEAST QUARTER OF SECTION 34.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THAT CERTAIN EASEMENT
FOR PUBLIC STREET AND UTILITIES SHOWN ON THE EASEMENT DEED RECORDED
JUNE 22, 1994 AS INSTRUMENT NO. 94-0416101 OFFICIAL RECORDS OF SAID COUNTY.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
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ALDEN & EXHIBIT "&V
LEGAL DESCRIPTION
SSOCIATES
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0808-162_1 X2 Date 11 20 95
18012 COWAN,SUITE 210 • IRVINE,CA 92714 En D.C. Chk. D.W. Sheet 1 of 2
714/660.0110 FAX:660.0418 gr•
EXHIBIT "B-Z"
EAST 330.00'
290.00'
W
® INDICATES AREA
DESCRIBED HEREIN
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EASEMENT TO CITY
OF H.B. FOR ROAD
PURPOSES PER Lu
94-0416101 O.R.
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10 � ';'` SCALE .1"=100'
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WEST LINE, NE 1/4,
SEC. 34
40' 40'
I R=22.00' b
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R=32.00' b
5
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EAST _ 330.00'
CENTER SEC. 34 ELLIS AVENUE
T. 5 S., R. 11 W. EASEMENT TO CITY
OF H.B. FOR ROAD %
SOUTH LINE, NE 1/4, PURPOSES PER
SEC. 34 94-0416101 O.R.
ALDEN & EXHIBIT "B=2"
S S O C IAT E S SKETCH TO ACCOMPANY A LEGAL DESCRIPTION
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0808-162-1X2 Date 11120/95
(714) 660-0110 FAX: 660-0418 En r. D•C• Chk. D.W. Sheet?Of 2
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION _
This is to certify that the interest in real property conveyed by the deed dated
November 29, 1995 from Huntington Beach Company, a California
corporation to the CITY OF HUNTINGTON BEACH, a municipal corporation,
is hereby accepted by the undersigned officer or agent on behalf of the City
Council of the City of Huntington Beach, pursuant to the authority conferred by
Resolution No. 3537 of the City Council of the City of Huntington Beach adopted
on August 7, 1972, and the grantee consents to the recordation thereof by its
duly authorized officer.
Dated: December 6, 1995
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CIVIC
CITY CLERK
By:
Deputy City Clerk
gAfollowup\dcedccR
ITalanhnna-77dr.ZRA9771
RCA ROUTING SHEET
INITIATING DEPARTMENT: FIRE
SUBJECT: ACCEPTING THE DEDICATION OF 4.5
ACRES OF LAND FOR PARK PURPOSES
FROM THE HUNTINGTON BEACH COMPANY
COUNCIL MEETING DATE: December 4, 1995
....... .. ..... . ......... _........... ........... _ ........... ...
... ......... ......... - _ .. ......... ........ ........ .... .... ........ ........ ......... ........ -----..... .........
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
[Findings/Conditions for Approval and/or Denial Not Applicable
.................. ........ ........ . _..
......... ...... - .. .. ._.. ....... _.... .. ........ ...... ... .......... ............. -.....
EXPLANATION FOR `M1 (N ATTA HMENT
v
REULEWED RETURNED FOR'
DED
. .. .... ... .... _ .. .....
Administrative Staff ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM
(Below • . • Only)