HomeMy WebLinkAboutAcquisition - Wimpis Hamburgers - 504 & 506 Pacfic Coast Hig v
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k OCTOBER, 1994
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Barbara A. Kaiser
Director of Economic Development
City of Huntington Beach
2000 Main Street
Huntington Beach, Ca. 92648
Phone: (714) 536-5582
$4,800,000 to $1,662,960. Mr. Bloom's counsel has objected to the Agency's
appeal, and wants to proceed with a retrial. The Agency will proceed with a
request for a review of the legal issues by the Court of Appeals before a jury
retrial. No date for oral argument has yet been set by the appellate court.
Wimpi's - On November 2, 1992, the Agency adopted Resolutions of Necessity
in order to acquire this property through the eminent domain process. The
appraised value of $670,000 has been deposited with the Court. A mandatory
settlement conference was held February 18, 1994. A final offer for settlement
was approved by the City Council/Agency on April 18, 1994. The Agency took
possession of the property on September 8, 1994. Wimpi's discontinued
operationi on September 30. Once all the asbestos has been properly removed,
the building will be demolished.
Waterfront-A contract has been executed between the Redevelopment Agency
and the Robert'Charles Lesser Group to conduct a limited focus timeshare 9
marketing study regarding the Waterfront site. The consultant will review the a
product which Marriott plans and make an assessment of the feasibility of
marketing such a product at the subject site. The Waterfront and Marriott staffs.—
have arranged to meet with the consultant to provide background information. It►y ,
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is expected that the report will be complete within four to six weeks. T=�
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Staff will present to the Redevelopment Agency on November 21, 1994 a CAM
contract with Bruce W. Hull and Associates to conduct an appraisal of the
unencumbered fee interest and leasehold interest of the Waterfront site
(excluding the Hilton Hotel). This information will be critical to renegotiation of
the Waterfront project anticipated to begin in January, 1995.
Demonstration Block - Construction of an approximately 18,000 sf mixed use
structure has been completed at 221-227 Main Street (southwest comer of Main
Street and Olive Avenue). The tenants include: Pacific Coast Cafe Restaurant,
Sandra's Italian Pastries, Angelo's Beauty Supply, Starbucks Coffee, Native
Wave (art gallery), and offices for Mulligan Properties, and Team Design.
On September 27, the only remaining space in the building, 4,130 sf on the
second floor, was approved for use as an Italian Restaurant known as 1L
Cappiccio."
Driftwood Annual Buyout Program - Fifty-three applications for this year's
annual buyout were received by the deadline of September 30, 1994. On
October 26, 1994, a lottery was held at Driftwood and ten winners and two
alternates were selected. Pat Williams of the Huntington Beach Chapter of the
League of Women Voters performed the actual lottery drawing on behalf of the
Redevelopment Agency. The ten successful buyout applicants will enter into
and close escrow within the next 30-90 days.
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Agency Counsel Memorandum
To: Barbara Kaiser, Deputy City Administrator
From: Gail Hutton, Agency Counsel
Re: Agency v. Goodman (Wimpi's)
Date: 30-Aug-94
Paul D'Alessandro, representing the Agency, obtained a final order of condemnation in the
Goodman case. A copy of the order, signed by Judge Leonard Goldstein on August 30,
1994, and recorded by the County Recorder on the same date as document number
94-0532404, is attached. The order vests title in the name of the Agency.
GA EL HUTTON
Agency Counsel
cc: Michael Uberuaga, Executive Director(sans exhibit) o
Keith Bohr, Economic Development
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2 FILED
3 ORANGE COUNTY SUPE;1na COURT
4
AUG 3 0 1994
5
ALAN SLATER,Executiv::0"Ur;C1a1k
6 BY R. TOMASULO
RECORDING REQUESTED BY
7 AND WHEN RECORDED MAIL TO:
8 GAIL HUTTON, City Attorney
PAUL D'ALESSANDRO, Deputy City Atty.
9 2000 Main St. , P.O. Box 190 THE ORIOjusL O: THIS ntmteMFT
Huntington Beach, CA 92648 10 "nECORi1Ev On v�S"vi"•t�
10 Telephone : (714) 5 3 6-5 5 5 5 DOCUMENT Y+J?1�F -Q�?-
11
Fax: (714) 374-1590 LEA A. Bh?�NIAn 1�i PY REi-01-RD R
ORANGE COUNTY RECORIE7'S Offkk
Attorneys for Plaintiff
12 REDEVELOPMENT AGENCY OF
THE CITY OF HUNTINGTON BEACH
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14 FEE EXEMPT PER GOV'T CODE § 27383
15
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 FOR THE COUNTY OF ORANGE
18
19 REDEVELOPMENT AGENCY OF THE CITY) CASE NO. 69 99 46
F HUNTINGTON BEACH, a public )
20 ody, )
) Judge: Leonard Goldstein
21 Plaintiff, ) Dept. :. 25
)
22 VS . ) FINAL ORDER OF CONDEMNATION
23 IELENE K. GOODMAN, et al . , )
)
24 Defendant . )
25 )
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1 Judgment in Condemnation pursuant to Stipulation by the
2 Court having been entered in the above-entitled proceeding, and
3 it appearing to the satisfaction of the Court that plaintiff has
4 satisfied said judgment by paying the just compensation awarded
5 therein to the defendants in accordance with said judgment,
6 NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED
7 that :
8 1 . There is hereby condemned to the public use of
9 plaintiff, REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH,
io as against defendants HELENE K. GOODMAN; CHARLES SARRABERE;
11 BLANCHE A WOOD, Trustee under that certain Declaration of Trust
12 dated January 4, 1990, known as the BLANCHE A. WOOD 1990 Trust;
13 HOSSEIN SALEMI; and LEONARD WARMACK, a fee simple absolute
14 . interest in and to the following real property situated in the
15 City of Huntington Beach, County of Orange, State of California:.
16 Lots 1, 2 , & 3 in block 105 of Huntington Beach, as
shown on a map recorded in Book 3, Page 36 of
17 Miscellaneous Maps, records of Orange County,
California.
18
Excepting the interest in the southeast 10 feet of said
19 Lot 1 which was condemned for street purposes by the
City of Huntington Beach in the decree of condemnation
20 entered November 30, 1923 , in an action entitled City
21 of Huntington Beach vs. C.P. Patton and Others, Case
No. , 13054, Superior Court of the State of California in
22 and for Orange County, a certified copy of which decree
was recorded December 3 , 1923 , in Book 500, Page 278 of
23 Deeds, Records of Orange County, California.
24 together with all improvements thereon and rights appurtenant
25 thereto for the following public use, to wit, for redevelopment
26 purposes, the elimination of blight, and the construction of a
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1 mixed use retail/residential project for the Main-Pier
2 Redevelopment Project Area, Phase II .
3 A certified copy of. this Final Order of Condemnation shall
4 be recorded in the office of the County Recorder of the County of
s Orange, California, and thereupon said fee simple absolute
6 interest in and to said real property shall vest in the
7 plaintiff, REDEVELOPMENT AGENCY OF THE CITY -OF HUNTINGTON BEACH.
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Dated: AUG 3 0 1994 LEONARD GOLDSTEIR
10 Judge of..the Superior Court
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THIS INSTRT-W--NT IS A CORRECT Copy Or.
24 T M ORIGINAL ON FILE IN THIS OFFICE �'�'•:' r�. Y;:;��
25 A;-Ys5:: AUG 3 0 19g4
FX.r-.CUT WE 0FEICEP.Ayr.3%:=__7.K
26 - oFTJ�STATE;;r' '� •. �'°'r.4� -;
TEtt•COUNTY OF OR.�.":CE -C9. .•�;`
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REQUEST FOR REDEVELOPMENT AGENCY ACTION
0,,
ED 94-12
Date May 1994
Submitted to: Honorable Chairman and Redevelopment Agency Members
Submitted by: Michael T. Uberuaga, Executive Director PROVED BY CITY COUN��C��IL
P Y
Prepared b : Barbara A. Kaiser, Redevelopment Director `��� ' 19=L
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Subject: Acquisition of Property at 504 & 506 Pacific Co c"_C
AP# 024-152-11&12 (Sarrabere/Wood/Goodman)
Main-Pier Redevelopment Project Area
Consistent with Council Policy? M Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
Statement of Issue:
The Redevelopment Agency is purchasing property in the Main-Pier Redevelopment Project Area. A
settlement agreement has been reached with the property owners. This parcel is critical for the
redevelopment of Block 105 in the downtown area and requires public acquisition to complete
consolidation of the site.
Recommendation:
1) Authorize the acquisition of 504/506 Pacific Coast Highway at a total cost of$1,085,000.
2) Appropriate $404,705 from the Main-Pier Capital Project fund balance to the appropriate Main-Pier
Project account. The balance of $685,295 was previously deposited with the courts.
3) Direct the City Attorney to the prepare the appropriate documents for execution and authorize
Agency officers to execute such documents as required to complete acquisition within ten days.
Analysis:
On August 3, 1992, the Agency directed staff to initiate negotiations with the property owners for the
acquisition of the subject property. The property is one of two remaining parcels needed to consolidate
RAA ED 94-12
May 2, 1994
Page Two
the block for development, excluding the historic Worthy building. Attempts to negotiate a mutually
agreeable purchase price were unsuccessful. Therefore, on October 19,1992, the Agency adopted
Resolution of Necessity No. 234, calling for the acquisition of the subject site by Agency power of
eminent domain authority.
After a mandatory settlement conference held on February 18, 1994, and before the scheduled trial date
of March 14, 1994, all parties agreed to settle all claims out of court for a total cost of $1,085,000.
This settlement is inclusive of all costs for the purchase of the land (in fee), Wimpi's fixtures and
equipment, all claims for the loss of goodwill and pre-condemnation damages. Appropriation of the
funds will allow the City Attorney to prepare the final documents needed to complete this transaction.
Funding Source:
$685,295 was previously budgeted and deposited with the court. The balance of $404,705 is to be
appropriated from the Main-Pier Budget for FY 1993/94. Funds previously encumbered for Main-Pier
Phase II ($350,000 hazardous materials and relocation and $100,000 public improvements) will not be
used this fiscal year.
Alternative Action:
Direct staff to develop alternative settlement actions.
Attachments:
Staff Report Dated October 19, 1992.
MTU/BAK Jar
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REQUEST FO_F -IEDEVELOPMENT A(- ENCY ACTION
APPIWVED BY CITY COUNCIL Z
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� � D 92-51 �>
19,[?Z
Date October 19. 1992,
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crTV ■onr i -d
Honorable Chairman and Redevelopment Agency Members L n
Submitted to: qw
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Submitted by: Michael T. Uberuaga, Executive•Directo ��� v, X.�_�
� 00 �? �v
Prepared by: Barbara A..Kaiser, Deputy City Administrator/Economic Devepment
Subject: REDEVELOPMENT AGENCY RESOLUTION OF NECESSITY FOR MAIN'*-PIER
REDEVELOPMENT PROJECT AREA (AP# 024-152-11 & 12 # 2 3 c�
Consistent withIt� d%&WERYC PQPMA )j New Policy or Exception
e:;2v-
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments:
7 X/
STATEMENT OF ISSUE:
The Redevelopment Agency is purchasing property in the Main-Pier Redevelopment
Project Area. This parcel is critical to the consolidation of a key block and requires
public acquisition to complete a needed redevelopment project in the Main-Pier
Redevelopment Project Area, as amended. The acquisition of this parcel will result in
the least private injury for reasons to be articulated at the public hearing.
RECOMMENDATION:
I. Conduct and conclude the noticed hearing and adopt the attached Resolution of
Necessity (Agency Resolution No. .3�-). Lots 1, 2, and 3, Block 105 of the
Huntington Beach Tract Assessor Parcel 024-152-11 & 12.
2. Appropriate $680,295 from Main-Pier Capital Project fund balance to appropriate
Main-Pier Capital Project account.
ANALYSIS:
The Agency has been attempting to purchase and consolidate parcels in the Main-Pier
Redevelopment Project Area to accommodate a planned development project. On
August 3, 1992 the Agency directed staff to initiate negotiations with the property --_ - -_
owners for the acquisition of the subject property. On August 6, 1992 the Agency
extended a written offer to the property owners. Staff has met with all the property
owners in an attempt to negotiate a mutually agreeable purchase price. Attempts to
acquire this property to date, through good faith negotiations with the property owners,
have been unsuccessful. The adoption of a Resolution of Necessity will authorize the
acquisition of this parcel by eminent domain, which will allow the Agency to proceed
with the development of this key site in the Main-Pier Redevelopment Project Area.
FUNDING SOURCE:
Budgeted Main-Pier Phase II Land Acquisition Account No. E-TM-ED-909-6-10-00.
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PIII/1/Rri
RAA ED 92-51
October 19,1992
Page two
ALTERNATIVE ACTION:
Do not adopt the Resolution of Necessity and continue negotiations with property
owners.
ATTACHMENTS:
1) Resolution
2) Map
3) Fiscal Impact Statement (FIS)
MTU/BAK/KBB:jar
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RESOLUTION NO. 234
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE ACQUISITION OF
CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH,
AND AUTHORIZING THE ACQUISITTION OF SUCH PROPERTY
BY EMINENT DOMAIN
(APN 24-152-11 & 12)
WHEREAS, the Redevelopment Agency of the City of Huntington
Beach is proposing to take certain real property, hereafter
referred to as "the Property, " commonly known as Assessor ' s
Parcel Number 24-152-11 & 12, for public use; to wit, for
redevelopment purposes, the elimination of blight, and the
construction of a mixed use retail/residential project for the
Main-Pier Redevelopment Project Area, Phase II; and
Health & Safety Code § 33391(b) authorizes the
Redevelopment Agency to acquire real property by eminent domain
for purposes of redevelopment; and
All persons whose names and addresses appear on the last
equalized assessment roll for the Property were given notice of
the intention of the Agency to adopt a Resolution of Necessity
and to authorize the acquisition by eminent domain of the
aforesaid property, and informing them of their right to be
heard on said matter pursuant to the Code of Civil Procedure
§ 1245 .235; _and
A public hearing was held by the City Council on
October 19, 1992, at which the matters set forth above and in
Code of Civil Procedure § 1240 . 030 were discussed, including
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the following matters: (a) whether the public interest and
necessity require the acquisition of the Property; (b) whether
the redevelopment project is planned or located in the manner
that will be most compatible with the greatest public good and
the least private injury; (c) whether the Property is necessary
for the redevelopment project; (d) whether an offer of just
compensation pursuant to Government Code § 7267.2 has been made
to the owner or owners of record; and (e) whether the Agency' s
offer of just compensation was refused by the owner or owners
of record,
NOW, THEREFORE, the Redevelopment Agency of the City of
Huntington Beach does hereby find, determine and resolve as .
follows :
1. That the above Recitals are all true and correct and
are incorporated herein by this reference.
2. That the public use for which the Property is to be
taken is redevelopment purposes; to wit, the elimination of
blight and the construction of a mixed use retail/residential
project for the Main-Pier Redevelopment Project Area, Phase II .
3 . That the Redevelopment Agency of the City of
Huntington Beach is authorized to take the Property by eminent
domain pursuant to Health & Safety Code § 33391(b) .
4 . That the legal description of the real property to be
taken is set forth in Exhibit "A-1, " which is attached hereto
and incorporated herein by this reference. Said real property
is also graphically depicted by Exhibit "A-2, " attached hereto.
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5 . That the public interest and necessity require the
proposed project.
6 : That the proposed project is planned or located in the
manner that is most compatible with the greatest public good
and the least private injury.
7. That the acquisition of the Property described in
Exhibit "A-1" attached hereto is necessary to permit
construction and completion of the Project . Without inclusion
of the Property, the Project could not be completed.
8 . That offers of just compensation pursuant to
Government Code § 7267.2 have been made to all owners of record
of the Property, that reasonable diligence has been used to
locate every interested owner, and that the Redevelopment
Agency' s offer of just compensation was based on an appraisal
of the Property, and that the Redevelopment Agency' s offer was
for the full appraisal amount.
9 . That due to the refusal of the owner or owners of
record to , accept the Redevelopment Agency' s offer of just
compensation, the Project cannot be completed except by the
Redevelopment Agency' s power of eminent domain.
10 . That the public interest and necessity require the
acquisition of the Property for redevelopment purposes and for
the elimination of blight, and that such acquisition is
necessary for the Project.
11. That pursuant to Government Code § 65402, the
location, purpose and extent of the proposed acquisition of the
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Property conforms with the General Plan of the City of
Huntington Beach.
12 . That the development proposal, and the proposed
acquisition of real property incidental thereto, conforms to
the provisions of Resolution 48 of the Redevelopment Agency of
the City of Huntington Beach, relating to the procedures for
approving development proposals within the Main-Pier
Redevelopment Project Area.
13 . That participation in the Redevelopment Project has
been reasonably offered to the owner or owners of the property
described herein.
14 . That notice has been given as required by California
Code of Civil Procedure § 1245.235.
15 . That the taking of said real property be in fee
simple, and that acquisition of said real property in fee
simple is most compatible with the greatest public good and the
least private injury.
16 . That the Agency Attorney is hereby authorized and
directed to commence an action in the Superior Court of the
State of California in and for the County of Orange, in the
name and on behalf of the Redevelopment Agency against those
persons who appear as owner or owners of record or who are
known to have any claim or interest in the Property for the
purpose of acquiring the property by eminent domain for the
public use described herein, to make application for possession
of the Property prior to judgment, and to do all things
necessary to prosecute the action to its final determination in
accordance with the provisions of law applicable thereto.
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17. That the Redevelopment Agency staff is hereby
authorized and directed to take any appropriate action
consistent with the purposes of this Resolution, including but
not limited to the withdrawal of necessary sums to deposit with
the court as the probable amount of compensation that will be
awarded in the eminent domain proceedings to acquire the
Property.
12. That the real property described herein, which is
authorized for condemnation by this resolution, is located in
the City of Huntington Beach, County of Orange, State of
California, within the Main-Pier Redevelopment Project Area.
PASSED AND ADOPTED by the Redevelopment Agency of. the City
of Huntington Beach at a regular meeting thereof held on the
19th day of October, 1992 .
Chairman
ATTEST: APPROVED AS TO FORM:
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Agency. Clerk G-v/� Agency Attorney P-0-
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REVIEWED AND APPROVED: INITIATED AND APPROVED:
Executive Director Director of Economic
Development
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Exhibit "A-1"
LEGAL DESCRIPTION
LOTS 1, 2, & 3 IN BLOCK 105 OF HUNTINGTON BEACH, AS SHOWN
ON A MAP RECORDED IN BOOK 3 , PAGE 36 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THE INTEREST IN THE SOUTHEAST 10 FEET OF SAID
LOT 1 WHICH WAS CONDEMNED FOR STREET PURPOSES BY THE CITY
OF HUNTINGTON BEACH IN THE DECREE OF CONDEMNATION ENTERED
NOVEMBER 30, 1923, IN AN ACTION ENTITLED CITY OF
HUNTINGTON BEACH VS. C.P. PATTON AND OTHERS, CASE NO.
13054 , SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
FOR ORANGE COUNTY, A CERTIFIED COPY OF WHICH DECREE WAS
RECORDED DECEMBER 3 , 1923 , IN BOOK 500, PAGE 278 OF DEEDS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
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Exhibit "A-2"
Res. No. 234
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HEMINGTON BEACH)
I, CONNIE BROOK M, Clerk of the Redevelopment Agency of the
City of Huntington Beach, California, M HEREBY CERTIFY that the foregoing
resolution was duly adopted by the Redevelopment Agency of the City of
Huntington Beach at a meeting of said Redevelopment Agency held on the
2nd day of I`'o-vember , 1992 , and that it was so adopted
by the following vote:
AYES: Members:
Robitaille, Moulton-Patterson, Winchell, Silva, Green, MacAllister, Kelly
NOES: Members:
None
ABSENT: Members:
None
Clerk of the Redevelopment A&zicy of
the City of Huntington Beach, Ca.
ti
RECORDING REQUESTED B)
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Till r tJ !}•11 tR� 1 }hy RECORDED A7 fJE4Uit>iY 6P'
�. 1l1111 I1ivti Ul7 i l:��11
AND WHEN RECORDED MAIL TO
CITY OF HtIN'fIN(3TON BEACH
IN OFFIt',!A:_ ri: C6RD3 OF
ORANGe: COUP':".', A
Name CITY OF HUNTINGTON BEACH FREE 9:05/IPii DEC 15 1967
° Office o; the City Clerk C4
Addreu
clry a
P. 0. Box 190 J. WYLIE CA;lYLE, County Recorder
State LHuntington Beach, Calif, 92648 _J
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO
Name CITY OF HUNTINGTON BEACH, � ,_.,,� -•,
Street Office or the City Clerk -
Address
City a
P. O. Box 190
is
state Huntlnoton Beac�, Calif.
AFFIX I.R.S.8...................:IN THIS SPACE
Grant Deed
TO 405 C THIS FORM FURNISHED SY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Chas -:1. Sarrab re, Andrea L. Go1•man and Blanche A. 'Iood
hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation,
an easement for street and public utility purposes over
the following described real property in the City of Huntington Beach
County of Orange , State of California:
That portion of Lots 1 and 2, Block 105 of Huntington Beach
Tract, as per map recorded in Book 3, page 36 of Miscellaneous
Maps, records of said County, described as follows:
That portion lying Southerly of a curve concave northerly and
having a radius of 25.00 feet, said curve being tangent on the
southwest by the southwesterly line of above-mentioned Lots 1
and 2, and being tangent on the southeast by a line parallel
with and 10.00 feet northwesterly of the southeasterly line
of above-mentioned Lot 1.
Dated December 5 3.067 ,
STATE OF CALIFORNIA
COUNTY OF Orang Ss.
e
On December 5, 1967 before)me, the under-
signed, a Notary Public in and for said State, personally appeared ✓LC 7 `., per7--�_
_Chas A. Sarrabere, Andrea L.
Gorm-gin =:ndl. 131:anche A. ,rood
known to me
to be the person--a—whose name S 11 C;ul)scribed to the within
instrument and acknowledged that They executed the same.
WITNESS my hand and official seal.
�',.
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Signatur ,lei ! (�Qt_ � rL� G� urti ;L:;l' CCUPJTY _
c;rnestina Di P' b i o
Name (Typed or Printed) t•rt,t,area Are official notarial •an
,%I Catrn,ts.ion Expires June 25, 1969
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
I
Lot 2 Lo+ I }:
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(� Ocean Ave.
16
DEED CERTIFICATION
This is to certify tha[ the interest in Yzmal property co-n�vevecf by the -.Feed dated
December 5 19 67 , from Chas p, Sarra er A drea L. Gorman
and Blanche oo
to the City of Hun.tinr-ton bc;ach, a m.,<< .,_pa; corporation is hereb, ac�ecte
by t'l e undersigned officer or agent on .,ehalf of -,he Citv uip.cll of r! p 'j
of 1- t:ll'ington Beach pursuant to the 2ii- Orit'y' conferred hv r`:,_1' 'i011 C' tl~
City Council of t:le City of Huraington Beach adop�ed on i`iaich 20 l9t'- anus
the grantee COnSEnts in the reCordclLion _::GrCo.L by its clul,v OIIi�c_ .
Dareal; December 12 1q 67 MI Y OF H uNTING O'N BEACH
Doyle .1 'r
City Adn istra[or