Loading...
HomeMy WebLinkAboutAcquisition of Property - Gothard Street right-of-way wideni r $ RECORDING REQUESTED BY: City of Huntington Beach Real Estate Services Division Recorded in Official Records, County of Orange P.O. Box 190/ 2000 Main Street Tom Daly, Clerk-Recorder Huntington Beach, CA 92648 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIII IIINO FEE WHEN RECORDED MAIL TO: 200300067885310:00am 06/11/03 213 96 001 2 Connie Brockway, City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 City of Huntington.Beach P.O. Box 190/ 2000 Main Street Huntington Beach, CA 92648 INCORPORATED AREA QUITCLAIM DEED DOCUMENTARY TRANSFER TAX$EXEMPT APN(s): 111-150-25 Location:Corner Main street&Clay Avenue Signature of Declarant or Agent determining tax l FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, �l JERRY NAMBA, as the court appointed Trustee in the Chapter 7 bankruptcy case of In re BARBARA J. ATKINSON, Debtor(United States Bankruptcy Court, 5 3 Central District of Califomia, Northem Division, Case No. ND 95-11014-RR) (oA l6IAo L IA J iz—i L� hereby QUITCLAIMS to THE CITY OF HUNTINGTON BEACH, a municipal corporation, all of the interests held by the Debtor BARBARA J. ATKINSON in the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Lot 22 in Block B of Garfield Street Addition to Huntington Beach, as shown one a map recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps,.records of Orange County, California. Dated: , 2003 JERRY NAMBA, Bankruptcy Trustee In re Barbara J. Atkinson, Debtor C:ED CERTIFICATION—CITY OF HUNTINGTON BEACH APP VED AS TO FORM BY THE OFFICE OF CITY ATTORNEY This is to certify that the interest in real property conveyed by the Quitclaim Deed dated DER fe 2003, from JERRY NAMBA, By Trustee in,the Chapter 7 bankruptcy case of BARBARA J. ATIGNSON, Special Courlsil,City of Huntington Beach Debtor,on behalf of the Debtor, to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the This document is solely for the official business of the City of City Council of the City of Huntington Beach pursuant to the authority Huntington Beach, as contemplated under Government Code Sec. conferred by Resolution No. 3537 of the City Council of the City of 6103 and should be recorded free of charge. Huntington Beach adopted on August 7, 1972, and the grantee conseits to the recordation thereof by its duly authorized officer. Tax Exempt Govemmertt Agency CITY OF HUNTINGTON BEACH Dated: l 2,j o CITY OF HUNTINGTON BEACH / 1 Connie Brockway,City Clerk By: t.Gc.✓ By: Connie Brockway,CIVIC Connie Brockway,CIVIC, City Clerk City Clerk MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE Connie Brockway City Clerk City of Huntington Beach P.O. Box 190/2000 Main Street Huntington Beach CA 92648 Project Name: Gothard St. Widening/Realignment APN(s): 111-150-25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of c0i�nn Ulrf%f County of a&cL hdrbara. /� P 1'r- On � • Co. 2c�o3 before me, Ah-W,r �. lit J i n %No4drj personally Date Name&Title of Officer(Le,364k Doe Notary Public) appeared r /�(Q(l1^ cs -r ' T"Y use N me(s)of Signe s) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by k.ag1E A.CUNNINGHAM his/her/their signature(s) on the instrument the person(s), or the t .:a, CwmmLsion 0 1281719 entity upon behalf of which the person(s) acted, executed the ' Mcitary Pubft-Ca6forria tY Po pe ( ) Santo eart are CW* instrument. My CarvrL12100NOv2=4 my hand d Pial tary ----- ---- -- -------- ----- ---- -OPTIONAL- ------ --- Though the data below&not required bylaw,it may prove valuable.to persons retying on.the document and could prevent fraudulent removal and reattachment of this form 10 another document. Description of Attached Document Title or Type of Document Document Date: r4b�ll S Number of Pages 1 Signer(s) Other Than Named Above: n O yt�e_ Capacity(ies)Claimed by Seller(s) Signer's Name %.�YV 1UYWb2 Signer's Name ❑ Individual ❑ Individual ❑ -Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General ❑ Attorney-in-Fact Right Thumbprint of ❑ Attorney-in-Fact Right Thumbprint of Signer Signer ❑ Trustee ❑ Trustee El Guardian or Conservator El Guardian or Conservator L Other 6 I N- ❑ Other 'Ti-t�s to c Signer Iss Representing: Signer Is Representing: F1 0 RECORDING REQUESTED BY: City ofiHurdgton Beach Real Estate Services Department Recorded in Official Records, county of Orange P.O. Box 190/ 2000 Main Street Tom Daly, Clerk-Recorder Huntington Beach, CA 92648 IIIIIIIIIlI111NIIIIIIINI11111 IN 111111111110111111 11E 1111NO FEE r WHEN RECORDED MAIL TO: 200300007540102:54pm 01/21103 Connie Brockway, City Clerk 111 49 002 2 City of Huntington Beach 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190/ 2000 Main Street Huntington Beach, CA 92648 eCJ� 1Li L-� (20 f= 'S s to g5- 0 F ia�c- INCORPORATED AREA GRANT DEED DOCUMENTARY TRANSFER TAX;EXEMPT APN(s): 111-150-25 Location:Corner Main Street&Clay/Avenue Signature of Declarant or Agent determining tax n o J CdC Aw.rEv FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, t� BARBARA J. ATKINSON, both in her individual capacity and as Executrix of the Estate of Barbara Bomann 5�49 hereby GRANT(S)to THE CITY OF HUNTINGTON BEACH, a municipal corporation, all of the interests 12-7 held by said individual and by said estate in the real property in the City of Huntington Beach, County of Orange, State of California, described as follows: Lot 22 in Block B of Garfield Street Addition to Huntington Beach, as shown on a map recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps, records of A0ra ounty, Cali Dated: 200? CM of the Court Unitdd States Bankruptcy Court Central District of California Northern Division, Santa Barbara, California NOTE-: The Clerk of the Court is executing this Grant Deed pursuant to Paragraph 3 of that certain bankruptcy court Judgment filed on August 29, 2000, and entered on August 31, 2000, in the Chapter 7 matter of In re Barbara Atkinson, Debtor, Case No. ND 95-11014-R(Adversary No. 00-01004). DEED CERTIFICATION-CITY OF HUNTINGTON BEACH VED TO FORM BY THE OFFICE OF CITY ATTORNEY This Is to that the interest in real property conveyed by the Deed { dated certify r- 2001, from the CLERK OF THE FEDERAL By: 2- BANKRUPTCY COU T on behalf of Barbara J. Atkinson, both In her Special Counsel,City of Huntington Beach individual capacity and as executrix of the Estate of Barbara Bomann to the CITY OF HUNTINGTON BEACH is hereby accepted by the This document is solely for the official business of the City of undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution Huntington Beach, as contemplated under Government Code Sec. No. 3537 of the City Council of the City of Huntington Beach adopted 6103 and should be recorded free of charge. on August 7, 1972,and the grantee consents to the recordation thereof by its duly authorized officer. Tax Exempt Government Agency CITY OF HUNTINGTON BEACH CITY OF HUNTINGTON BEACH Dated: J R,_ �fT, �cYli Connie Brockway,City Clerk CONNIyE�BpROCKWAY,CMC CITY CLERK �:ti'[.Yci�. .C.(..L -•CIAer.C' By: City Clerk By: City Clerk MAIL TAX STATEMENTS TO PARTY SHOWN ON THE FOLLOWING LINE Connie Brockway,City Clerk City of Huntington Beach P O Box 190/2000 Main Street Huntington Beach CA 92648 i r - Project Name: Gothard St. Widening/Realignment APN(s): 111-150-25 i► CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of County of A On before me, personally Date Narne&Title of officer(i.e,Jane Doe Notary Publk) appeared Names}of signer(s) personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capadty(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the OLIVA A. WEST instrument. Commbsllfon it 1291683 Notary Puble-coiifomio ; WITNESS my hand and official seal.Los ?} I, k> County A, - W *Camr`ftbNJt21,2M5 Signature of Notary ----------------------------------------OPnONAL--------------------------------------- Though the data be+bw is not required bylaw,It may prove va/uab+le to persons re/ying on the document and could prevent fiauddlent removal and reattachment of this form to anoffier documenL (Description of Atbm*ed Document Title or Type of Document Document Date: Number of Pages Signer(s) Other Than Named Above: Caipacity(ies) Claimed by Seller(s) Signer's Name Signer's Name ❑ Individual ° ❑ Individual ❑ Corporate Officer j ❑ Corporate Officer Title(s): Title(s): ❑ Partner ❑ limited El General I ❑ Partner ❑ Limited Q General ❑ Attorney-in-Fact``eye-3'� " 'Right Thumbprint ❑<Atto of/ - I m nac __� Right Thumpprint of Signer �-i -Ft �•. saner. -�+s N�1 _ f\ � yam_ i <�� ' t '*.•�=•`? -i .;•'a �5: ? ❑ Trustee ~' t:4 - ' �q Qt Trustee _ - ❑ Guardian or Eonservator,:'. ti0 C,a3„:, 0 " '�_[]ryGuardian or Conservator ❑ Other '[] Other Signer Is Representing: Signer Is Representing: r CEATIFtf TMIAT,iF Ti:t3 S"EaL;�;,;�•;�,t� -- IN PURPLE IMIK T MS IS A TRUE Af JD �J�tiY q COUNW-CLERK RECORDER CORRECT COPY oFTHE PI ;W FILED OR RECORDED IN Till MAR 17 2004 o� c�c�UNTI �t ORANGE COUNTY STATEE>F DATE FEE 98-31 �Reso L v 4-- 0 ►N AP P 11,co-b T 1 2- 1? See FI� ()vN-5 RESOLUTION NO. 9 8-3 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOTHARD STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL.NO. 111-150-25 FOR THE PURPOSES, OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS, the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 37350.5 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a fee title interest in certain property on Gothard Street, identified as Assessor Parcel No. 111-150-25. The "Project" for the purposes of this acquisition consists of the widening and improving of Gothard Street; and On April 10, 1998, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, ("Property") which legal description and sketch are incorporated herein by reference, the City Council of Huntington Beach held.a hearing for the purpose of allowing the record owners:of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and On that same date, the owners of the Property were also given a reasonable opportunity to appear and be heard on whether the City has met the procedural prerequisites to the exercise of eminent domain; and �- The City Council, as a result of such hearing, has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more 780/003821.0017/3157796.1 804/10/98 -1- 98-31 particularly described herein ("Property"), for the purposes of widening and improving Gothard Street; and The Project for.which the'Property''to be acquired is.sought has previously been reviewed under applicable.`environmental review procedures, including Environmental Impact Report No,.89-1,\approved January 8, 1990; and NOW, THEREFORE; BE'IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEXCH,'-HEREBY'DOES FIND; DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: .Section .1. The property to be acquired is located within the City of Huntington Beach'County of Orange, State of California; and is-located on Gothard Street; and otherwise identifiedas Assessor's'Parcel No. 111-150-25. The Property the City seeks to.:_s_::: acquire, and the Property interests"sought, consist of the following: A. Fee simple title to the full square footage of Assessor's Parcel No. 111-150- .25." ' Section 2. The public interest and necessity require the Project, in that the=Citrs?-, General Plan, and specifically the Circulation Element, calls for the expansion of Gothard Street in ttie'manner contemplated-by'the'Project: In addition; the Gothard Street widening is designed to relieve traffic congestion and increase the capacity of�the-street, which% ill require.:continuity in the roadway alignment and traffic handling capacity of the street. Secti6 3: The Project is located-in a manner most'compatible-with the greatest: public good d least. private injury, in that the design of the roadway widening;- anmust:of= ,;r necessityoccupy land which is immediately adjacent to the existing roadway, in order to - --: ::.- maintain the,continuity of the alignment'of'the'road'for all users. The Project is designed-.inr '' a manner compatible witli the'greatest public good,`in that--the Project will involve°road- widening which will enhance the utility of the area by improving traffic safety and circulation for all those travelling on GothardStreet. The Project will result in the least private injury in that, where,possible consistent with safe roadway design restrictions, the property chosen for potential acquisition was-done so to minimize the`number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. Section 5. The offer required by Government Code Section 7267.2has been made to the record.owners, by way of letters dated May 28, 1997 and March 6, 1998. Staff has . attempted to;negotiate with"the record owners subsequent to this offer, but such-negotiations have not"proved'successful in securing the'necessary' property interests outside=of more i formal proceedings. ,Section 6. To.the extent any of the property to be taken herein is devoted:to a public use, the City firids that the proposed use for the Project is compatible with, or more 780r003821-0017i315n96.1 eo4i10i98 -2- +' 98-31 Y necessary to, such public use, and that the City is authorized to acquire the Property pursuant to.Code of Civil Procedure § § 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1; approved_January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. Section 8. The City Council hereby declares it is its intent to acquire the full fee interest in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan & Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 20th day of April, 1998. Mayor ATTEST: APPROVED AS TO FORM: City Clerk City City Attorney y�j3l�� f'-�y��;�90 REVIEWED AND APPROVED: INITIATED AND APPROVED: U• G City Adn&strator Director o Public Works 780/003821-0017/3157796.1 a04/10/98 -3- 9.8-31 OR-9262862" DESCRIPTION .- THE ILZM-"REFERRED-�`TO'::IN 'THIS`.REPORT IS 'SITUATED. IN THE STATE,OF:--::, . . CALIFORNIA COUNTY OF ORANGES CITY 'OF.. HUNTINGTON. ..BEACH,-.:_AND.. DESCRIBED" °AS FOLLOWS LOT!�22: ,P' OF.GARFIELD ,...STREET�ADDITION :TO HUNTINGTON BEACH.; AS SHOWN., -ON; A .._MAP. RECORDED 'IN BOOR 7,� PAG.E. 27`'`AND' `28' OF" MISCELLANEOUS MAPS,` RECORDS" OF .ORANGE``'COUNTYy'`'CALIFORNIA:" ;v; s w - PAGE 5 EXHIBIT ato 159-28 I"• loo' HOLLY I STREET ''• tr• Ir tf' .rr IJ°r/ .T&.o J i.o' . J ./ Jo ..o' • 50 o o o z G Rf/ELO STREET O I I ,• POR OL 9. s J Q h +M r J• �•'J ti h O 1 >t 6 t f 61 Jt J/ ?O /J /I /! /fPOR J w 1 V O 44 r• . Jr'h u ?6 R m _ a . LJTAC 1y I. 1 �' �� ?� X r ` W iz a ® t t Q ct ADD/7ON c :Z CRYSTAL i A^a STREET $ 14 I GARfIELQ STREET ADD/T/ON M.M.7-2I,29 NOTE —ASSESSOR'S BLOCK 9 ASSESSOR'S MAP MARCH 1951 PARCEL NUMBERS BOOK III PACE 15 SHOWN IN.CIRCLES COUNTY Of ORANGE Res. No. 98-31 STATE OF CALIFORNIA:') .COUNTY OFI ORANGE =.' ss: _ ) CITY.OF HUNTINGTON-BEACH ) i I - i 'I; CONNIE BROCKWAY,the duly elected, qualified City Clerk of the.;City-of_Huntington Beach; and ex-officio.Clerk of the City Council of said City, t. 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 ana adopted by the affirmative vote of of least a majority of all-the members of said City Council s at•a regular meeting,thereof held on the 20th day of April,'1998 by the following vote: ; { f AYES: Harman, Green, Dettloff, Bauer, Sullivan, Garofalo - y ' NOES: 1 ABSENT: Julien ' ti ea � V i City Clerk and ex-officio Clerk of the City Council of:the City of Huntington - ;�: Beach, California s . G/reso1utVresbkpg/97-80 , • ti r Council/Agency Meeting Held: L911 /.9 S to TO. ;zo Deferred/Continued to: E(Appr ved o ❑ Conditionally Approved ❑ Denied ':D cp,--zy City Clerk's Signature Council Meeting Date: June 1, 1998 Department ID Number: AS 98-013 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator an3 - - PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator SUBJECT: APPROVE ACQUISITION OF PROPERTY FOR GOTHARD ST RIGHT-OF-WAY [statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments) �) Statement of Issue: Under the terms of the Holly-Seacliff Development Agreement, dated April 11, 1997, it is the City's responsibility to acquire the public right-of-way for all street widening within the Holly-Seacliff Project. The parcel as described below needs to be acquired for the Gothard Street right-of-way widening between Garfield Avenue and Clay Street. Funding Source: Acquisition costs are to be paid by the developer (PLC Land Company). No City funds are required. Recommended Action: 1. Motion to approve the acquisition of AP #111-150-21 (Atkinson). 2. Authorize execution of the escrow instructions by the Deputy City Administrator/Administrative Services. of 6scd s 3. Accept the attached easement 4eed, for the parcel described herein and authorize acceptance by the City Clerk with recording to follow through indicated escrow. Alternative Action(s): Do not authorize the escrow and the acquisition of this parcel and delay the widening and improvement of the Gothard Street right-of-way. Analysis: The widening of Gothard Street right-of-way is an integral part of the implementing of the Holly-Seacliff Development Plan from Ellis Avenue to Clay Street. The precise street alignment was approved by the City Council on December 16, 1991 by Ordinance Number 3217. /I Y kEQUEST FOR COUNCIL ACTION MEETING DATE: June 1, 1998 DEPARTMENT ID NUMBER: AS 98-013 The Real Estate Services Division, together with outside legal services Rutan and Tucker, has actively been negotiating with the owners of parcels within the various right-of-ways for the required parcels for several years since the inception of the Holly-Seacliff Project. Negotiations are based on independent appraisals. Since all costs are paid by the developer, and approval of financial terms by representatives of the developer are required. Finally, the City Council's approval of the terms of each purchase is required. Herein, an easement interest for public street purposes is being acquired in the total amount of $38,190. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No. Description ........_ ...... _.......... ..... . ........ . .... _. ..__........ .... .... 1. Escrow Instructions, Page 1 and 2 £F, 2. 90.ed for Acceptance, Including Legal and Plat Map RCA Author: P. Larkin 0031805.01 -2- 05/20/98 4:58 PM ATTACHMENT # 1 I\ A \4 E jt 4 C 46 L First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 MAY 19 May 19, 1998 V� Or, CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 ATTN: PAUL LARKIN Our Escrow No. 9846350M (APN 111-150-21) We are sending you the items checked below: [✓] Escrow Instructions - please sign and return a complete copy [✓] Commitment for Title Insurance - for your review [✓] Easement Deed - for your acceptance A Estimated Closing Statement - for your review and approval Please issue a check in the amount of$38,190.00 for closing of the above referenced escrow. If you have a question regarding this transaction, please contact the undersigned. Sincerely Katherine M. Soto - Escrow Officer Direct Telephone Number - (714) 558-3211 x7292 Fax Number - (714) 647-2235 ks enc delivery ST AMER,C tip' 9 First American Title Insurance Company 114 EAST FIFTH STREET, (P.O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714)558-3211 FAX(714)647-2235 PROPERTY v MAI 1 9 1998 BUYER/BORROWER CLOSING STATEMENT $ANAGEIP[fNA ESCROW STATEMENT OF: Escrow: 9846350M CITY OF HUNTINGTON BEACH Escrow Officer: KATHERINE M. SOTO 2000 MAIN STREET Date: May 19, 1998 HUNTINGTON BEACH, CA 92648 Closing Date: 06/02/98 Estimated Seller: FRANK A. ATKINSON, TRUSTEE, DONNA L. ATKINSON, TRUSTEE Property Address: APN 111-150-21 HUNTINGTON BEACH, CA TOTAL CONSIDERATION 37,200.00 PLUS CHARGES TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMP OWNERS ALTA POLICY FOR $37,200.00 380.00 ESCROW CHARGES TO FIRST AMERICAN TITLE ESCROW FEE 360.00 PAD FOR MISC. CHARGES 250.00 TOTAL DEBITS 38,190.00 LESS: CREDITS TOTAL CREDITS BALANCE DUE ESCROW 38,190.00 �e SIGN & RETURN ASP THE F 210 r1i1G. BY � "-" BY , 01UN & KtIUK14 s ""E ° First American Titl Insurance Company 114 EAST FIFTH STREET,(P.O.BOX 267)SnrITA ANA.CALIFORNIA 92702• 8-32 517 sc7a ESCROW INSTRUCTIONS E g Q R R BUYER MAY 19 1998 TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF$37,200.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY BUYER WILL HAND YOU PRIOR TO CLOSE OF ESCROW $37,200.00 TOTAL CONSIDERATION $37,200.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO.2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. i We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof,all of which you may use when you hold for us an Easement Deed executed by: FRANK A ATKINSON AND DONNA L.ATKINSON,TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST, DATED DECEMBER 30, 1992, AS TO AN UNDIVIDED ONE-HALF INTEREST; AND MARION EARL BURLINGHAM, A SINGLE PERSON, AS TO AN UNDIVIDED ONE-HALF INTEREST and when you can issue your standard coverage form policy of title insurance with liability of$37,200.00 as issued through FIRST AMERICAN TITLE INSURANCE COMPANY, on the following described property situated in the City of Huntington Beach, County of Orange.State of California: (legal attached) SHOWING TITLE VESTED IN: The City of Huntington Beach, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. ALL General and Special Taxes for fiscal year 97-98. 2. The lien of supplemental taxes which may be assessed as a result of revised assessed values. 3. Assessments and/or bonds-None. 4. Covenants, conditions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued,or to be issued,herein. ADDITIONAL TERMS AND CONDITIONS: Prorate and/or adjust the following as of close of escrow only as to Item(s)No. (N/A). 1. Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes,the difference,if any,will be adjusted by the parties herein outside of escrow). Sellers are to forward to buyers any present or future tax bills on property herein. 2. Homeowners Association Dues. We hereby agree to pay charges including all of buyers escrow fee and any advances and expenses that are properly chargeable to us regardless of the consummation of this escrow. We also agree to pay the policy of title insurance premium. TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS: If this escrow is not in a condition to close and demand for cancellation is received by you from any party to this escrow after said date, you shall act in accordance with the cancellation instructions contained in the General Provisions set out in Schedule "A" attached hereto. .If no demand for cancellation is made,you will proceed to close this escrow when the principals have complied with the escrow instructions. ESCROW OFFICER ESCROW NO.: 9846350M KATHERINE M.SOTO DATE: April 24, 1998 PAGE 1 SIGN & RETURN ESCROW INSTRUCTi _ THE GENERAL PROVISIONS SET OUT IN SCHEDULE"A"ATTACHED HERETO HAVE BEEN READ AND ARE HE,REBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original,and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: THE CITY OF HUNTINGTON BEACH,a municipal corporation By: MAILING: 2000 Main Street, Huntington Beach, CA 92648 FORWARDING: 2000 Main Street, Huntington Beach,CA 92648 SELLER We approve of the foregoing instructions and agree to sell and will deliver to you papers,instruments and/or funds required from us(within the'time limit date'specified herein),which you are authorized to deliver when you can issue your policy of title insurance as set forth above. We agree to pay any personal property taxes property chargeable to us. You are instructed to use the money and record the instruments, to comply with said instructions and to pay all encumbrances of record necessary without further approval to show title as herein provided. We agree to pay such charges which are advanced for my account regardless of the consummation of this escrow. SELLERS SIGNATURE: FRANK A. ATKINSON,TRUSTEE DONNA L. ATKINSON,TRUSTEE MARION EARL BURLINGHAM APPROVED AS TO FOMf: G AIL HUTTON,. City Attorney By:; Deputy City Attorney. Sp- ESCROW OFFICER ESCROW NO.: 98463SOM KATHERINE M.SOTO DATE: April 24, 1998 PAGE 2 ESCROW INSTRUCTIUrvS THE GENERAL PROVISIONS SET OUT IN SCHEDULE"A"ATTACHED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original,and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: THE CITY OF HUNTINGTON BEACH,a municipal corporation By: MAILING: 2000 Main Street, Huntington Beach, CA 92648 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 SELLER We approve of the foregoing instructions and agree to sell and will deliver to you papers,instruments and/or funds required from us(within the'time limit date"specified herein),which you are authorized to deliver when you can issue your policy of title insurance as set forth above. We agree to pay any personal property taxes property chargeable to us. You are instructed to use the money and record the instruments, to comply with said instructions and to pay all encumbrances of record necessary without further approval to show title as herein provided. We agree to pay such charges which are advanced for my account regardless of the consummation of this escrow. SELLERS SIGNATURE: FRANK A. ATKINSON,TRUSTEE D,O,�N/NA L. ATKINSON,TRUSTEE MARION EARL BURLING ESCROW OFFICER ESCROW NO.: 98463SOM KATHERINE M. SOTO DATE: April 24, 1998 PAGE 2 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 9, 1998 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, California 92702 Enclosed please find Deed Nos. 5671 and 5672 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return conformed copies of the deeds when recorded and to this office in the enclosed self-addressed stamped envelope. eX4'�_ Connie Brockway, CIVIC City Clerk Enclosures: Easement Deed No. 5671 -Atkinson, Burlingham Easement Deed No. 5672 -Atkinson, Burlingham CB:mh GAfollowup\deedltr 1 Telephone:714-536-5227) 104 le CITY OF HUNTINGTON BEACH y 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CRY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: F ATTENTION: Tim, Z! a.,,Je Name Thu 9G >72a ;� 4,d DEPARTMENT: Street 0.& //S/6 D C4 9j,S<a3 REGARDING: liJ City,State,Zip 560 See Attached Action Agenda Item Date of Approval b19� Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: ,pcat,7` fitet.w>, Q,4w-. 'r-- Name Department RCA Agreement Insurance Other P AJ /,2.A A Z., P Name Department RCA Agreement Insurance Other Name 5-n 7 IV, /gym 9:,Repartment RCA Agreement Insurance Other i;1J OA 9(77G--3 'c? Name Department RCA Agreement Insurance Other Risk Management Dept. Insurance Received by Name-Company Name- Date GTollowup/transltr 1 Tele phone:714-536.5227) Order No. 9357781JO Escrow No. 9846350M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK A. ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAMELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This document is solely for the Dated April 24, 1998 official business of the City of Huntington Beach, as contem- plated.under Government Code Sec. 6103 and should be recorded free of charge. FRANK A. ATKINSON, TRUSTEE APPROVED AS TO FORI4: GAIL HUTTON,, City Attorney By:; Deputy City Attorney DONNA L. ATKINSON, TRUSTEE Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH Connie Brockway,City Clerk BY: o[ Putt'City Clerk MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 Document Date: April 24, 1998 STATE OF CALIFORNIA )SS COUNTY OF San Luis Obispo ) On 5/12/98 before me, **Sally D. Twiford** personally appeared_** ran i nson and Donna C. Atkinson** personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed s me in his/her/their authorized capacity(ies)and that by hislher/their signature(s) on the instrument the person(s)or the entity upon behalf of which th er on(s)acted,executed the instrument. WITNESS my hand and official Signature This area for official notarial seal. t SALLY D.TWIFORD COMM. 11128722 < •.� Notary Public-California > San Luis Obispo County to My Comm.Exp.Mar.26,�001 cr>G2'1') ' EXHTSIT "A" . LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. I11-150-21 BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP); THENCE NORTH 18°59'43"EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN STREET; THENCE NORTH 71000100/1 WEST 80.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP);.THENCE NORTH 0000112811 WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP). CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHT-OF- Y AND EASEMENTS OF RECORD, IF ANY. O QgOFESS10�� " HIBIT "A" ` 9rF of ALDEN & ' LEGAL. DESCRIPTION SSOCIATES FOR ROAD PURPOSES CIVIL ENGINEERS-PLAItNPRS-LA1rDSURVEYORS A.P. NO. 111-150-21 W.O. NO. o87s-273-13X3 note 11 /�/no 18012 COWAN.SUITE 210• IRVINE,CA 92t1< N.F. GDR., NW 1/4, „ NW 1/4, SEC. 2, T. 6 5., 10.00, EXHIBIT „B R. 11 W.. 5.B.B.M. GAREIELD A VENUE 30' 0' ^I co IS 27 3 � I SCALE: ]'=100' p 14 , 2 1 vc �;•a 26 G D. - c INDICATES AREA N 1/2, DESCRIBED HEREIN LOT 20 �,�� 25 D n 0' 0 � LOT 20 24 Q' �&\ Go, � �0 GO" 37 o' 23 J <1 21 \ 9" N ]00'00' W 38 >— 8 .47' � CJ 22 • e 8 N 38 5943' F g GLAY AVENUE 50.95' u ALD E N & EXHIBIT 'B' SKETCH To ACCOMPANY A LEGAL DESCRIPTION S S O C IATE S FOR ROAD PLIRP05ES A.P. NO. 111-150-21 18012 COWAN, SUITE 210. IRVINE. CA 92714 W.O. No. 0879-273-13X3 Date 1112193 171 A I nnn-n 1 to RAY- EtRn—nd 1 a — _ _ _ j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 24, 1998 from FRANK A.ATKINSON AND DONNA L.ATKINSON, TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST,DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM to the CITY OF HUNTINGTON BEACH 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: June 9, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: . N19ybrice Henry Deputy City Clerk gAfollowup\deedcert 1 Telephone:714-536-5227) Order No. 9357781JO Escrow No. 9846350M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 �PV 111- tsQ---Zi EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK A. ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAMELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This document is solely for.thro, Dated April 24, 1998 official business of the City- of Huntington Beach, as contem- plated under Government Code Sec. 6103 and should be recorded tree of charge. FRANK-A-.-ATKP4S0N—, TRUSTEE' APPROVED AS TO FORII: GAIL HUTTON,,. City Attorney By:1 Deputy City Attorney e ' Tax-Exempt-Government Agency ��ON EARL BURLING CITY OF HUNTINGTON BEACH Conrie Brockway,City Clerk BY• MAII, TAX STATEMENTS AS DIRECTED TO: 04UtY1"tyCy1erekU6*— 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 :7; I EXmB1T "An LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-150-21 BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP); THENCE NORTH 18059'43"EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN STREET; THENCE NORTH 71000100" WEST 80.47 FEET TO THE•BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL ANGLE OF 70°58'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP);.THENCE NORTH 00001128" WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP). CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHT-OF- Y AND EASEMENTS OF RECORD, IF ANY. Q�of ESSIO,� IO � O �Fyy ExP ALDEN & EXHIBIT "An LEGAL DESCRIPTION SSOCIA'TES FOR ROAD PURPOSES A.P. NO. 111-150-21 CIVIL ENCiNEEAS—PLANNERS—LANO SURVEYORS A"02 1-2%rn r -&- 1 1 M/o4 N.F. GDR., NW 114, EXHIBIT "B n NW 114, SEC. 2, T. G 5., 10.00' R. 11 W., S.B.B.M. GARFIELD AVENUE 30' 0' u� 18 °- 27 3 ap S�► o14 19 SCALE: 1'=100' 2G LEGEND - '• ^� ® INDICATES AREA N 112 LOT �;����� y DESCRIBED HEREIN 20 25 DD 0 _ _5 112_ _ LOT 20 24 Q' I 6p. (J) op, 6p 37 23 J � Q 21 I 9' N 00 00' W 38 � 8 .47' � U 22 • a N 18'59'43' ): rGLA Y AVENUE O.B. / t u ALDEN & EXHIBIT •B• SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S O C IAT E S FOR ROAD PURPOSES A.P. NO. 111-150-21 18012 COWAN, SUITE 210, IRVINE. CA 92714 W.O. No. 0879-273-13X3 Date 11/2/93 •1. — ^. .^ WAV. RRn-nd1R - n.- nu. nw C6--e 9 Of ?_ it'A�GI�'ORN�r�>AIPr7OSEttrRlY'Ul3tEDG�'ENT ..................................................................................................................................... STATE OF CALIFORNIA } } SS. COUNTY OF LOS ANGELES } On May 4, 1998 before me, DOROTHY A.RIDDLE, a Notary Public in and for said State, personally appeared ---MARION EARL BURLINGHAM--- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DOR01W A.AME Comnidon*11410" s Notay puplc—Calfarnb •. Los Atip W Camty My corm.Evian.An Z 2MI Signature of ta Dorothy A. Riddle (Notary's name) (this area for official notary seal) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and count prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 5e Individual ❑ Corporate Officer Title of Type of Document: Title: EASEMENT DEED ❑ Partner(s) ❑ Limited Number of Pages: ONE [ 1 ] ❑ General ❑ Attorney-In-Fact Date of Document: APRIL 24, 1998 ❑ Trustee(s) ❑ Guardian/Conservator Signer(s) Other Than Named Above: ❑ Other: FRANK A. ATKINSON DONNA L. ATKINSON Signer is Representing (Name of Person(s)or Entity(ies): HIMSELF CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK SD72 CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 24, 1998 from FRANK A.ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST,DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM to the CITY OF HUNTINGTON BEACH 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: June 9, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: aybrice Henry 61 Deputy City Clerk g:\followup\deedcert 1 Tele phone:714536-5227) ........._._........_...._........... .. ... ......... ..... .......... . ..... . .... .............. ........... ....._... ._ Res"°CITY OE iUNTINGTON BEACH .REQUEST FOR LEGAL SERVICES Assn To Gail Hutton, City Attorney Date Date: Request made by: Telephone: Department: 5/26/98 Robert J. Franz/Larkin 5447 Administrative Svcs. INSTRUCTIONS: File request in the City Attorney's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution ❑ Lease ❑ Bond ❑ Meeting ❑ Contract/Agreement ® Deed ❑ Court Appearance ❑ Insurance ❑ Other: Is Request for Preparation of Contract form attached? ❑ Yes ❑ No Are exhibits attached? ❑ Yes ❑ No Unless otherwis speci d herein, I If not for Council action, consent t th c u of the If for City Council action, desired completion date: orm ti s RLS to all/ o ncil. Agenda Deadline 5/20/98 Council Meeting 6/1/98 SWifire bepartmee He COMMENTS Approve deeds as to form. RoutCng 0 GGH 0 PDA ❑ LB ❑ SL, ❑ U11SA ❑ ADL SF JM This Request for:Legal Services has been assigned to attorney . YX extension His/her secretary IsXXXXXXX , eXtenson Notes Fi a Name Date Completed WP No Shaded areas for City Attorney's Office use only. RCA ROUTING SHEET INITIATING DEPARTMENT: - Administrative Services SUBJECT: APPROVE ACQUISITION OF PROPERTY FOR GOTHARD STREET RIGHT-OF-WAY COUNCIL MEETING DATE: June 1 , 1998 . 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 Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved 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 MISSING ATTACHMENTS .... . _ .... ........ ....... . ........ ........ ......... . ........ ......... .... :REVIEWED RETURNED =FORWARDED .... ... Administrative Staff ( ) ( ) Assistant City-Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( 012v.,i ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: P. Larkin CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 24, 1998 Katherine Soto, Escrow Officer First American Title Insurance Company P. O. Box 267 Santa Ana, CA 92702-9975 Re: Escrow No. 9846350M Dear Ms. Soto: Enclosed please find Deeds No. 5671 and 5672 to be recorded and returned to Connie Brockway, City Clerk, City of Huntington Beach, P. O. Box 190, Huntington Beach, CA 92648. When your company records the deeds, please have our enclosed deed copies conformed by the Orange County Recorder and returned to us in the enclosed, self- addressed stamped envelope. Sincerely, Connie Brockway, City Clerk Enclosure: Deed No. 5671 — Frank A. Atkinson and Donna L. Atkinson Deed No. 5672 — Marion Earl Burlingham Received by: ��� g:\fol lowup\deeds\deedescr I Tele phone:714-536-5227) C A \4E1� First American Title Insurance Company 114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558-3211 gt--1 all MAY 19 ti May 19, 1998 CITY OF HUNTINGTON BEACH -- 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 R� ATTN: PAUL LARKIN •' I CL Our Escrow No. 9846350M (APN 111-150-21) ✓ 1T J .,�� We are sending you the items checked below: [✓] Escrow Instructions - please sign and return a complete copy [✓] Commitment for Title Insurance - for your review [✓] Easement Deed - for your acceptance [✓] Estimated Closing Statement - for your review and approval Please issue a check in the amount of$38,190.00 for closing of the above referenced escrow. If you have a question regarding this transaction, please contact the undersigned. !Sincerely Katherine M. Soto - Escrow Officer Direct Telephone Number - (714) 558-3211 x7292 Fax Number - (714) 647-2235 ks enc delivery 4, r irst American Title Insurunce Company 114 EAST FIFTH STREET, (P.O. BOX 267) SANTA ANA, CALIFORNIA 92701 • (714)558-3211 FAX(714)647-2235 PROPERTY MAY 1 9 1998 BUYER/BORROWER CLOSING STATEMENT $AMGEJDM ESCROW STATEMENT OF: Escrow: 9846350M CITY OF HUNTINGTON BEACH Escrow Officer: KATHERINE M. SOTO 2000 MAIN STREET Date: May 19, 1998 HUNTINGTON BEACH, CA 92648 Closing Date: 06/02/98 Estimated Seller: FRANK .A. ATKINSON, TRUSTEE, DONNA L. ATKINSON, TRUSTEE Property Address: APN 111-150-21 HUNTINGTON BEACH, CA TOTAL CONSIDERATION 37,200.00 PLUS CHARGES TITLE CHARGES TO FIRST AMERICAN TITLE INSURANCE COMP OWNERS ALTA POLICY FOR $37,200.00 380.00 ESCROW CHARGES TO FIRST AMERICAN TITLE ESCROW FEE 360.00 PAD FOR MISC. CHARGES 250.00 TOTAL DEBITS 38,190.00 LESS: CREDITS TOTAL CREDITS BALANCE DUE ESCROW 38,190.00 SIGN & RETURN AP P THE F _LO'�r'1��G. BY BY , r SIGN & RETURN s•.: A " E '` ' First _-merican Title Insu*nce Company 114 EAST FIFTH STREET, (P. 0. BOX 267) SANTA ANA, CALIFORNIA 92702 ESCROW INSTRUCTIONS '��8-32 5 67a aRORIR BUYER MAY 19 1998 TO: FIRST AMERICAN TITLE INSURANCE COMPANY I HEREBY AGREE TO PURCHASE THE HEREINAFTER DESCRIBED PROPERTY FOR A TOTAL CONSIDERATION OF $37,200.00 AND WILL ON OR BEFORE CLOSE OF ESCROW HAND YOU SAID CONSIDERATION WHICH IS PAYABLE AS FOLLOWS: ESCROW SUMMARY BUYER WILL HAND YOU PRIOR TO CLOSE OF ESCROW $37,200.00 TOTAL CONSIDERATION $37,200.00 FIRST AMERICAN TITLE INSURANCE COMPANY CONDUCTS ESCROW BUSINESS UNDER CERTIFICATE OF AUTHORITY NO. 2787 ISSUED BY THE STATE OF CALIFORNIA DEPARTMENT OF INSURANCE. We will deliver to you any additional funds and execute any instruments which are necessary to comply with the terms hereof, all of which you may use when you hold for us an Easement Deed executed by: FRANK A ATKINSON AND DONNA L. ATKINSON,TRUSTEES OF THE PAMELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEMBER 30, 1992, AS TO AN UNDIVIDED ONE-HALF INTEREST; AND MARION EARL BURLINGHAM, A SINGLE PERSON, AS TO AN UNDIVIDED ONE-HALF INTEREST and when you can issue your standard coverage form policy of title insurance with liability of$37,200.00 as issued through FIRST AMERICAN TITLE INSURANCE COMPANY, on the following described property situated in the City of Huntington Beach, County of Orange, State of California: (legal attached) SHOWING TITLE VESTED IN: The City of Huntington Beach, a municipal corporation FREE OF ENCUMBRANCES EXCEPT: 1. ALL General and Special Taxes for fiscal year 97-98. 2. The lien of supplemental taxes which may be assessed as a result of revised assessed values. 3. Assessments and/or bonds - None. 4. Covenants, conditions, restrictions, rights of way, easements and reservations, as described in that certain preliminary title evidence, issued, or to be issued, herein. ADDITIONAL TERMS AND CONDITIONS: Prorate and/or adjust the following as of close of escrow only as to Item(s) No. (N/A). 1. Taxes based on the amount of the last tax statement of the Tax Collector issued prior to the close of escrow. (If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than the amount used for proration purposes, the difference, if any,will be adjusted by the parties herein outside of escrow). Sellers are to forward to buyers any present or future tax bills on property herein. 2. Homeowners Association Dues. We hereby agree to pay charges including all of buyers escrow fee and any advances and expenses that are properly chargeable to us regardless of the consummation of this escrow. We also agree to pay the policy of title insurance premium. TIME IS OF THE ESSENCE OF THESE INSTRUCTIONS: If this escrow is not in a condition to close and demand for cancellation is received by you from any party to this escrow after said date, you shall act in accordance with the cancellation instructions contained in the General Provisions set out in Schedule "A" attached hereto. . If no demand for cancellation is made, you will proceed to close this escrow when the principals have complied with the escrow instructions. ESCROW OFFICER ESCROW NO.: 9846350M KATHERINE M. SOTO DATE: April 24, 1998 PAGE 1 SIGN & RETURN ESCROW INSTRUCTIONS THE GENERAL PROVISIONS SET OUT IN SCHEDULE "A" ATTACHED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: MAILING: 2000 Main Street, Huntington Beach, CA 92648 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 SELLER We approve of the foregoing instructions and agree to sell and will deliver to you papers, instruments and/or funds required from us (within the "time limit date" specified herein), which you are authorized to deliver when you can issue your policy of title insurance as set forth above. We agree to pay any personal property taxes property chargeable to us. You are instructed to use the money and record the instruments, to comply with said instructions and to pay all encumbrances of record necessary without further approval to show title as herein provided. We agree to pay such charges which are advanced for my account regardless of the consummation of this escrow. SELLERS SIGNATURE: FRANK A. ATKINSON, TRUSTEE DONNA L. ATKINSON, TRUSTEE MARION EARL BURLINGHAM A?FIROVDDD AS TO ORDI: C IL HUT'TO`I,,, City Attorney By:. Deputy City Attorney P ESCROW OFFICER ESCROW NO.: 9846350M KATHERINE M. SOTO DATE: April 24, 1998 PAGE 2 ESCROW INSTRUCTIONS THE GENERAL PROVISIONS SET OUT IN SCHEDULE "A" ATTACHED HERETO HAVE BEEN READ AND ARE HEREBY APPROVED BY THE UNDERSIGNED. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. BUYERS SIGNATURE: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: MAILING: 2000 Main Street, Huntington Beach, CA 92648 FORWARDING: 2000 Main Street, Huntington Beach, CA 92648 SELLER We approve of the foregoing instructions and agree to sell and will deliver to you papers, instruments and/or funds required from us(within the "time limit date" specified herein), which you are authorized to deliver when you can issue your policy of title insurance as set forth above. We agree to pay any personal property taxes property chargeable to us. You are instructed to use the money and record the instruments, to comply with said instructions and to pay all encumbrances of record necessary without further approval to show title as herein provided. We agree to pay such charges which are advanced for my account regardless of the consummation of this escrow. SELLERS SIGNATURE: FRANK A. ATKINSON, TRUSTEE DONNA L. ATKINSON, TRUSTEE MARION EARL BURLING ESCROW OFFICER ESCROW NO.: 9846350M KATHERINE M. SOTO DATE: April 24, 1998 PAGE 2 Order No. 9357781JO Escrow No. 9846350M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK A. ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAMELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This document is solely for the Dated April 24, 1998 official business of the City of Huntington Beach, as contem- plated.under Government Code Sec. 6103 and should be recorded free of charge. FRANK A. ATKINSON, TRUSTEE APPROVED AS TO FORM: GAIL HUTTON,, City Attorney By:, Deputy City Attorney DONNA L. ATKINSON, TRUSTEE Tax-Exempt-Government Agency 4444 '"�'� ��° °�'�"�`�-- CITY OF HUNTINGTON BEACH rrmr rwt rr♦ ,r Connie Brockway,City Clerk ft. .�2� ;K y;f;4__7 puty City Clerk MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 r � &"1 t Document Date: April 24, 1998 STATE OF CALIFORNIA )SS COUNTY OF San Luis Obispo ) On 5/12/98 before me, **Sally D. TWiford** personally appeared **Fr—ank A. Atkinson and Donner. Atkinson** personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they execd s me in his/her/their authorized capacity(ies)and that by his/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which uteth er on(s)acted,executed the instrument. WITNESS my hand and official Signature This area for official notarial seal. - SALLY D. TWIFORD COMM. i1128722 < Public-California `' San Luis Obispo CEhy cn My Comm.Up.Mar. r l LEGAL DESCR"ON FOR ROAD PURPOSES A.P. NO. 111-150-21 BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP); THENCE NORTH 18°59'43"EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN STREET; THENCE NORTH 71*0010011 WEST 80.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL ANGLE OF 70058132" TO A'POINT ON A LINE PARALLEL WITH, AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP);.THENCE NORTH 0000112811 WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL, LINE TO THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP). CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B11 ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHT-OF- Y AND EASEMENTS OF RECORD, IF ANY. Q�OfEssll C t 19402EXMBIT ' "A" `�9rF or ALDEN & LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 111--150-21 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS W.O. NO. os79-273-13X.l 'notes I ' 19012 COWAN.SUITE 210• IRVINF.CA 92I1- N.E. COR., NW 1/4, EXHIBIT "B" 5:6 it NW 1/4, SEC. 2, T� ARFIELD 6 5., 10.00' R. 11 W., 5.B.B.M. A VENUE 30' 0' I 18 �j 27 3 � I N SCALE: 1'=100' o 14 ' 4 26 101 Y C")% ,r LEGEND - INDICATES AREA N 1/2, '�� '� ® DESCRIBED HEREIN LOT 20 25 D It -4 O, 0 cA _ _ 5 1/2, _ LOT 20 24 Q14? Go. (I') �o. 60 37 23 J � 21 � 9' N ]DO'00' W 38 8 .47' �L U 22 • 8 N 18 59'43' E g GLA Y AVENUE 5o.g5' P.O.B. l ii ALDEN & EXHIBIT 'B' SKETCH TO ACCOMPANY A LEGAL DESCRIPTION SSDCIATF,i S FOR ROAD PURPOSES A.P. NO. 111-150-21 18012 COWAN, SUITE 210. IRVINE, CA 92714 W.O. No. 087q-273-13X3 Date 11/2M (7141 660-0110 FAX! RRO-1)41R F � CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK �-( CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 24, 1998 from FRANK A.ATKINSON AND DONNA L.ATKINSON, TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST,DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM to the CITY OF HUNTINGTON BEACH 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: June 9, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: �x�y N49ybrice Henry Deputy City Clerk gAfollow•up\deedcert (Telephone:714-536-5227) Order No. 9357781JO Escrow No. 9846350M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 tsQ--zl EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK A. ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAMELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated April 24, 1998 This document.is solely for thy, official business of the Clt1► of Huntington Beach, as cOnt8M- plated under Government Code @c. 61 o3 and should be recorded fir®e of charge. APPROVED AS TO FORI-4: GAIL HUTTON.,,. City Attorney By.] Deputy City Attorney • ♦TT ka� Tax-Exempt-Govemment Agency. MA I CITY OF HUNTINGTON BEACH ONN EARL BURLING Conrde Brockway,City Clerk BY• • MAIL TAX STATEMENTS AS DIRECTED TO: UtY ity Cierk 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 I F-XHBIT "AR LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. I11-150-21 BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP); THENCE NORTH 18059'43"EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN STREET; THENCE NORTH 71000100" WEST 80.47 FEET TO THE•BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP);.THENCE NORTH 00*01128" WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP). CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR LESS. AS SHOWN ON EXFMIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHT-OF-- Y AND EASEMENTS OF RECORD, IF ANY. Q�tOf ESsto I p ! E 19402 e- `'}9rF eF ALDEN & EX�IIBIT "A" LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 111-150-21 CIVIL ENGINEERS-PLANNERS-LAND SURVEYORS /1 1►T.. AII'70_*"2 14v! T1.. s TT/7/O'2 N.E.W14, SEC. 2. T. G 5., 10,00, EXHIBIT "B" R. 11 W., 5 B.B.M. GARf IELD AVENUE 30'1 ' ^I 18 27 3 S�v ' O ` ao I 19 f .�;•� SCALE: 1'=100' 26 LEGEND - � 0 INDICATES AREA N 112, ;, „ ® DESCRIBED HEREIN ks) LOT 20 25 D n 0' 0 5112, _ LOT 20 24 Q 60• (1) Op GO 37 23 J � Q 21 lf)I 9' N 100,00, W 38 >— 8 .47' � U 22 • e 8 N 18 943' F GLA Y A VfNIJ O.B. 50.95 $ f ALDEN & EXHIBIT •B• SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S O C IAT E S FOR ROAD PURPOSES A.P. NO. 111-150-21 18012 COWAN, SUITE 210. IRVINE, CA 92714 W.O. No. 0879-273-13x3 Date 11/2/93 __ .. . "-'V. Qen_nA t a - n- nL-1. n I Chne+ 2 n{ 2 C�7 _. . ._. .._ .. ...._..... . .. CQB1� l '13EC�NUillGll�L'i 'f' STATE OF CALIFORNIA } } ss. COUNTY OF LOS ANGELES } On May 4. 1998 before me, DOROTHY A. RIDDLE, a Notary Public in and for said State, personally appeared ---AlARION EARL BURLINGHAM--- proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ooaott+y A.@DOME Ccffn lst M 1 1141054 .a8 hotay 0jac—Calrarnlo Am Cc E�Ye� m 2 rtm. =1 r Signature of ta Dorothv A. Riddle (Notary's name) (this area for qfficial notary seal) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and count prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT tip Individual ❑ Corporate Officer Title of Type of Document: Title: EASEMENT DEED ❑ Partner(s) ❑ Limited Number of Pages: ONE ( 1 ] ❑ General ❑ Attorney-In-Fact Date of Document: APRIL 24, 1998 ❑ Trustee(s) ❑ Guardian/Conservator Signer(s) Other Than Named Above: ❑ Other: FRANK A. ATKINSON DONNA L. ATKINSON Signer is Representing (Name of Person(s)or Entity(ies): HIMSELF CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 24, 1998 from FRANK A.ATKINSON AND DONNA L.ATKINSON, TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST,DATED DECEMBER 30, 1992; MARION EARL BURLINGHAM to the CITY OF HUNTINGTON BEACH 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: June 9, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: aybrice Henry Deputy City Clerk gAfollowup\deedcert (Telephone:714-536-5227) Ord& No. 9357781JO Escrow No. 9846350M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK A. ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAMELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEM 3ER 30, 1992; MARION EARL BURLINGHAM hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This document is solely for the Dated April 24, 1998 official business of the City of Huntington Beach, as contem- plated_under Government Code Sec. 6103 and should be recorded free of charge. FRANK A. ATKINSON, TRUSTEE APPROVED AS TO FORM: GAIL HUTTON,, City Attorney By:. Deputy City Attorney DONNA L. ATKINSON, TRUSTEE Tax-Exempt-Government Agency A , d"_0 CITY^OF HUNTINGTON BEACH A4.Q ON EARLTT♦ R Co T)UR N n BrockwW City Clerk ^^.�' �„ puty City UeX MAIL TAX STATEMENTS AS DIRECTED TO: 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 y Document Date: April 24, 1998 STATE OF CALIFORNIA )SS COUNTY OF San Luis Obispo ) On 5/12/98 before me, **Sally D. Twi ford** personally appeared_** rank A. Atkinson and Donner. Atkinson** personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed s me in his/her/their authorized capacity(ies)and that by his/her/their signature(s) on the instrument the person(s)or the entity upon behalf of which th er on(s)acted,executed the instrument. WITNESS my hand and official Signature This area for official notarial seal. 1 — SALLY D. TWIFORD COMM. a1128722 '•.'� Notary Public-California > ' t. San Luis Obispo Countycn •�• My Comm.Exp.Mar.26,2001 5�?1 ' EXHIBIT "A" , LEGAL DESCRIPTION FOR ROAD PURPOSES A.P.NO. 111-150-21 BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE INTERSECTION OF CLAY AVENUE AND MAIN STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP); THENCE NORTH 18°59'43"EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN STREET; THENCE NORTH 71000#0011 WEST 80.47 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL ANGLE OF 70058'32" TO A POINT ON A LINE PARALLEL WITH, AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP),-.THENCE NORTH 00001'28" WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP). CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR I.M. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHT-OF- Y AND EASEMENTS OF RECORD, IF ANY. Q40EEsslo 9 _ 4 O `E 19402 Ev EXBIT "A" ALDEN & ' LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 111-150-21 CIVIL ENGINEERS PLANNERS-LAND SURVEYORS W n .N.E. COR., NW 1/4, „ NW 1/4, SEC. 2, T. G 5., 10.00' EXHIBIT »B R. 11 W., S.B.B.M. GARFIELD A VENUE 30' rO' u� I 18 NI 27 3 � I SCALE: ]'=100' of 4 ' ,� �•�'} % LEGEND % ^� INDICATES AREA IN1/2, �� �' t v s% v ® DE50RIBED HEREIN LOT 20 �,���.► 25 D 0' 0 - _ 51_/2. - LOT 20 24 Q' I 0o. 37 23 J � I 21 \ 9' N ]00'00' W 38 � 8 .47' � U 22 • e 8 _r _ N 18'59 43- E� g GLAY AVENUE So.9S' j P.O. . / kLDEN & EXHIBIT 'B' 5KETCH TO ACCOMPANY A LEGAL DE50RIPTION S S 0 CIATE S FOR ROAD PURPOSES A.P. NO. 111-150-21 18012 COWAN, SUITE 210. IRVINE, CA 92714 W n Nn 0879-273-13X3 M+A ll/2/93 j, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 0(-71 CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 24, 1998 from FRANK A.ATKINSON AND DONNA L.ATKINSON, TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST,DATED DECEM 3ER 30, 1992; MARION EARL BURLINGHAM to the CITY OF HUNTINGTON BEACH 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: June 9, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: �V� 2 a ybrice Henry Deputy City Clerk gAfol lowup\deedcert 1 Telephone:714-536-5227) o � O►Oer No. 9357781JO Escrow No. 9846350M WHEN RECORDED MAIL TO: CONNIE BROCKWAY, CITY CLERK OFFICE OF THE CITY CLERK 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 LPN 1S6--:2'1 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, FRANK A. ATKINSON AND DONNA L. ATKINSON, TRUSTEES OF THE PAA1[ELA L. ATKINSON IRREVOCABLE TRUST, DATED DECEM 3ER 30, 1992; MARION EARL BURLINGHAM hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, An easement for road purposes over the real property in the City of Huntington Beach, County of Orange, State of California, described as EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Dated April 24, 1998 TRis document is soiely for the official in ssr- Of the Clty' g to of Fluntinn Beach as conte'M" plated under Government Code Sec. 6103 and should be recorded Ices of charge- QG¢�i , T APPROVED AS TO FORD: GAIL HUTTON,,. City Attorney By.:l J)eputy City Attorney yNN* I ♦mrrrwrSOw f' r�_m r�r S"/z6f 9e Q �,y� L•�, u Tex-Exempt-Government Agency ON EARL BURLING CITY OF HUNTINGTON BEACH Conrde Brockway.City Clerk BY MAIL TAX STATEMENTS AS DIRECTED TO: 04"City 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 i FXHW "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 111-150-21 BEING THAT PORTION OF THE NORTH HALF OF LOT 20 IN BLOCK "B", OF THE GARFIELD STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, LYING WESTERLY OF A LINE PARALLEL TO AND 40.00 FEET EASTERLY,MEASURED AT RIGHT ANGLES,FROM THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE CENTERLINE R47ERSECTION OF CLAY AVENUE AND MAIN STREET (CLAY STREET AND TWENTY THIRD STREET AS SHOWN ON SAID MAP); THENCE NORTH 18059'43"EAST 50.95 FEET ALONG THE CENTERLINE OF SAID MAIN STREZ'T; THENCE NORTH 71000100" WEST 80.47 FEET TO THE•BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 330.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE 408.79 FEET THROUGH A CENTRAL ANGLE OF 70058'32" TO a POINT ON A LINE PARALLEL WITH, AND 10.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF CRYSTAL STREET (CRYSTAL AVENUE AS SHOWN ON SAID MAP);.THENCE NORTH 00*01'28" WEST 933.75 FEET, MORE OR LESS, ALONG SAID PARALLEL LINE TO THE CENTERLINE OF GARFIELD AVENUE (GARFIELD STREET AS SHOWN ON SAID MAP). CONTAINING AN AREA OF 1991 SQUARE FEET MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS,RESERVATIONS,RESTRICTIONS, RIGHT-OF- AND EASEMENTS OF RECORD, IF ANY. QgOf ESSlOiy,� I o ` <^ y 19402 r i EV� ` EXHIBIT "A" ` 9rF�F ALDEN & ' LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 111-150-21 1 NE. COR., NW 1/4, f yN B �B� S�? X f NW 1/4, SEC. 2. T. G 5.1 10.00, I R. 11 W.. S.B.BA. GARFIELD AVENUE 30' 100 �I 27 3 N SCALE: 1•=100' z� 4 2G 1-- 1 cj _ „5%s �'; LEGEND Lw �9��a" ;0 INDICATES AREA N 1/2, DESCRIBED HEREIN LOT 20 25 D u , 0 _5 1/2. _ 107 20 24 Q' r \ GO- V) ��oo. 6O 37 23 J ! Q 21 100 00• W 38 OC v 22 8 _ r N 1875q'43• F CLAY A VENUE 013. 50.95' - 3 EXHIBIT •B• ALDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S r:OR ROAD PURPOSES AP. NO. 111-150-21 18012 COWAN, SUITE 210. IRVINE, CA 92714 W_0. No. 0879-273-13X3 Date 11/2/93 s. Ct7 STATE OF CAL FORMLI } } SS. COUNTY OF LOS ANGELES } On May 4, 1998 before me, DOROTHYA. RIDDLE, a Notary Public in and for said State, personally appeared ---MARION EARL BURLINGHAM--- , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. D=rlf/A.MME Canrnwbn 1 1141064 -;e NotW Pkm--CoNomb " my comm,Evow Jun 2 2001 Signature of to RP Dorothy A. Riddle (Notary's name) (this area for qricial notary seal) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and count prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (ids Individual ❑ Corporate Officer Title of Type of Document: Title: EASEMENT DEED ❑ Partner(s) ❑ Limited Number of Pages: ONE ( 1 ] ❑ General ❑ Attorney-In-Fact Date of Document: APRIL 24, 1998 ❑ Trustee(s) ❑ Guardian/Conservator Signer(s) Other Than Named Above: ❑ Other: FRANK A. ATKINSON DONNA L. ATKINSON Signer is Representing (Name of Person(s)or Entity(ies): HIMSELF CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK 56 7�. CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated April 24, 1998 from FRANK A.ATKINSON AND DONNA L.ATKINSON, TRUSTEES OF THE PAMELA L.ATKINSON IRREVOCABLE TRUST,DATED DECEM 3ER 30, 1992; MARION EARL BURLINGHAM to the CITY OF HUNTINGTON BEACH 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: June 9, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITY CLERK By: aybrice Henry Deputy City Clerk gAfollowup\deedcert 1 Telephone:714-536.5227) ile Wotes Office of the City Clerk Huntington Beach, California ,� �./4,Y � ac�a�.,.e� Ox,_.g,.•.���12�. -i e�t�e .�..�I � �.�Qe..�.�� f �- 5�-37 N• ��n.r� QLVD�. r From th desk of 1 -taybrice I. Henry Deputy City CCerk City of Huntington Beach Phone: 536-5209 Fax: 374-1557