HomeMy WebLinkAboutAPPRAISALS & ACQUISITIONS 1979 -1993 Cg� f e r'se
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REQUEST FOR REDEVELOPMENT AGENCY ACTION
APPROVED BY CITY COUNCIL
6 - a/ 191? ED 93-22
d c. r�__• _ Date June 21, 1993
OF CITI CLE
Submitted to: Honorable Chairman and Redevelopment Agenc Me hers
Submitted by: Michael T. Uberuaga, Executive Dir
Prepared by: Barbara A. Kaiser, Deputy City Administrator/Economic Devel p nt
Subject: AUTHORITY TO ACQUIRE REAL PROPERTY - YORKTOWN-LAKE
PROJECT AREA
Consistent with Council Policy? [ ] Yes [ ]New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments*
ttachments�1eodo
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Statement of Issue:
The Agency's obligation to provide affordable housing within the Yorktown-Lake Redevelopment
Project Area is unfulfilled. Staff seeks the authority to acquire real property for the construction
of affordable units.
Recommendation:
Authorize staff to negotiate the acquisition of five single-family lots at the southeast corner of
Yorktown Avenue and Lake Street from Pacific Center Partners for use as affordable housing and
to return to the Agency a purchase contract for the site (Tract 13920 Lots 1-5).
Analysis:
California Health and Safety Code requires that upon build-out fifteen percent of the units in a
Redevelopment Project Area be "affordable." Of these units, 40% must be affordable to very-
low income households. At the time that the residential project in the Yorktown-Lake Project
Area (the Huntington Classics) was approved no provision was made to reserve land, condition
the project, or make other arrangements for the provision of this affordable housing. The Health
and Safety Code requires the affordable units to be provided within the project area.
c1
Staff has researched amending the Redevelopment Project Area to either merge Yorktown-Lake
with Talbert-Beach (where a surplus of Agency provided affordable units exists in Emerald Cove)
or to annex additional territory which would include an existing rental project which the Agency
could rehabilitate to meet its affordable housing requirements. Either a merge or amendment
would likely cost in legal and consultant fees $70,0004100,000 and would require about one year
to accomplish with substantial staff support to the consultants (attached is a memo detailing the
costs and process for amending or merging the project area). Alternatively, the Agency has an
opportunity to purchase privately owned land within the Yorktown-Lake Redevelopment Project
Area with housing set-aside funds to meet this housing obligation. After acquisition of the land,
the Agency would have the following options.
• The Agency could act as developer to design the project, process the zone change and other
entitlements for the project, solicit bids for a contractor to build the project, supervise the
construction, and own the project long-term (like Emerald Cove).
• The Agency could sell the land to a non-profit sponsor at a subsidized price and pass on the
responsibility for the actual production and ownership of the units.
• Or the Agency could solicit a private for profit sponsor and pass on the housing
responsibilities to that entity.
• Lastly, the Agency could lease the land to a profit or non-profit entitle with ownership of the
improvements reverting to the Agency at the end of the lease.
(None of these choices need be made until the property is acquired).
The current owner of the property has been approached by staff and is amenable to sell the
property for construction of affordable housing units. The basic parameters of such a transaction
would likely be:
• A purchase price of$1 million (the City's Real Property Division estimates the market value
of$919,000 memo attached). The savings of a merger/amendment added to this estimate of
market value will result in a price approaching that requested by the seller.
• The seller requests that the project be architecturally compatible with the surrounding homes
and not exceed two stories in height.
• The seller requests that the units be reserved for low-income senior citizens.
• The seller requests that the project not exceed 15-20 units (a minimum of 13 are required to
meet legal requirements).
• The seller requests that the design of the project be presented to the voluntary association of
home owners of the Huntington Classics.
• The seller is to provide to the Agency all environmental reports prepared for the Huntington
Classics project.
• The seller would like to conclude the transaction in approximately 90 days.
• The costs of sales will be shared by buyer and seller.
The amendment or merger of the redevelopment project would be time consuming and expensive
and would subject the Agency to the risk of the fiscal review process which could result in pass-
through agreements sharing tax increment with other taxing entities. Therefore, this alternative is
not recommended.
Additionally, the property owner of the subject site is willing to sell the property for affordable
housing if the basic conditions outlined above are met. The Agency has approximately $3.5
million in the housing set-aside fund at this time and accumulates approximately $1 million in
additional set-aside funds each year (these figures do not include any payment to the state of
California from this fund). For these reasons staff recommends pursuing the acquisition of this
site and development of a project to meet the Agency's affordable housing obligation.
Alternative Action:
Direct the staff to pursue the amendment or merger of the project area.
Funding Source:
Redevelopment Agency Housing Set-Aside Funds.
Attachments:
1. Schedule for the acquisition of the site.
2. Memo from Real Property Division.
3. Memo from Barbara Kaiser dated April 16, 1993.
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H CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
HV.IMNGTON BEACH
TO: Stephen Kohler, Project Manager
FROM: Dan M. Brennan, Director Real Estate Services
DATE: June 4, 1993 ENS �� ENS
OEQ P��p E�OpM
SUBJECT: Lake/Yorktown 10p�P�'
E
The following cost evaluation figures are estimates on the above referenced property per
your request:
Lot 1/Plan 1 $414,500 Current asking price
-15,000 Location
399,500 Estimated Asking price
43,945 Carry/Sales costs 11%
176,500 Improvement Costs
$223,000 Lot Value
Lot 2/Plan 2 $424,500 Current asking price
-15,000 Location
409,500 Estimated asking price
45,045 Carry/Sales costs 11%
196,600 Improvement Costs
$167,85.3 Lot Value
Lot 3/Plan 3 $459,500 Current asking price
-15,000 Location
444,500 Estimated asking price
41,355 Carry/Sales costs 11%
201,300 Improvement Costs
$201;345 Lot Value
Lake/Yorktown
Stephen Kohler
Page(2)
Lot 4/Plan 4 $479,500 Current asking price
15,000 Location
464,500 Estimated asking price
43,155 Carry/Sales costs 11%
252,000 Improvement Costs
$169,345 Lot Value
Lot 5/Plan 3 $201,345 Lot Value
Raw Land $44,000/acre approximately
Site Ready $30,000/acre approximately
Approximate total cost $919,000
Per Lot $183,800
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SCHEDULE
ACQUISITION OF YORKTOWN-LAKE PARCELS
LTRACT 13920--LOTS 1-5)
June 2, 1993: Basic terms established between Agency and Pacific Center
Partners (PCP).
June 4, 1993: Title Report ordered by PCP.
Community Development requested to review alternate plans
prepared by Thirtieth Street Architects, to devise sample
conditions of approval, and to determine if developer is due
a refund of previously paid fees.
Real Property provides memo documenting $919,000 value.
RLS requesting preparation of Purchase Agreement sent.
June 9, 1993: Agenda deadline for Request for Agency Action requesting
authority to negotiate Purchase Agreement.
June 21, 1993: Agency considers authorizing staff to negotiate agreement.
(If approved . . .)
June 22, 1993: Community Development completes review and written
response on plans.
July 2, 1993: PCP executes Purchase Agreement.
July 7, 1993: Agenda deadline for Request for Agency Action: Purchase
Agreement.
SCHEDULE (CONT')
July 19, 1993: Agency considers Purchase Agreement.
(If approved . . .)
July 23, 1993: Open Escrow.
August 23, 1993: Close Escrow.
538j
.11I&I CITY OF HUNTINCTON BEACH
W.
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Distribution _ ) _
C�-
FROM: Barbara A. Kaiser, Deputy City Administrator/Economic
Development
SUBJECT: Options to Comply with Housing Obligations--Yorktown-Lake
Project Area
DATE: April 16, 1993
Attached is a memo from Stephen V. Kohler, Project Manager in my department which
discusses the alternatives for complying with the Redevelopment Agency's housing
obligations in the Yorktown-Lake Redevelopment Project area. We are prepared to
recommend Alternative Number Three: Merger with Talbert-Beach Project area and to
pursue it's implementation.
If you have any comments I would appreciate you forwarding them to us no later than
Friday, April 30, 1993. We will then schedule this topic for discussion at our
Wednesday Major Project Review meeting. In the meantime if-you have any questions
please call me or Stephen at ext. 5582.
BAK Jar
447j
Distribution:Michael T. Uberuaga, City Administrator
Ray Silver, Assistant City Administrator
Gail Hutton, City Attorney
Bob Franz, Deputy City Administrator/Administrative Services
Michael Adams, Director of Community Development
Pat Spencer, Director of Housing & Building
Vol
' CITY OF HUNTINCTON BEACH
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Barbara A. Kaiser, Deputy City Administrator/Economic
Development
FROM: Stephen V. Kohler, Projec ge
DATE: April 15, 1993
SUBJECT: Options to comply with Health and Safety Code Housing
Requirements--Yorktown-Lake Redevelopment Project Area
You have asked what actions may be available to the Redevelopment Agency to comply
with its housing obligations in the captioned project area. There follows a summary of
the project area status and an analysis of three options.
BACKGROUND
The Yorktown-Lake Redevelopment Project Area was adopted on September 20, 1982
through Ordinance No. 2576 of the City Council. It is 30 acres in size, bounded by
Main Street on the west, Utica Street on the south, a property line approximately 125
feet east of Lake Street on the east and Yorktown Avenue on the north (map attached).
Within the boundaries lies the Civic Center and the adjacent private development:
"The Huntington Classics."
The Redevelopment Plan has an annual tax increment cap of$250,000 and a limit on
bonded indebtedness of$2,500,000. The Plan ends in the year 2017 and eminent
domain authority expires in 1994.
The Health and Safety Code of the State of California places a series of obligations on
redevelopment agencies for the financing, production and replacement of housing units
in project areas. Particular to this discussion is Section 33413(b)(2), which requires
that in aggregate the privately produced housing units in a project area must, upon
build-out, contain at least fifteen percent (15%) of units affordable to low income
households. Of these units forty percent (40%) must be affordable to very low income
households.
On October 24, and November 7, 1988, the City Council approved Use Permit No. 88-
32, Tentative Tract Map No. 13569 and other entitlements to permit the construction of
86 single-family detached homes which obligated all the vacant land in the project area.
The conditions of approval for the project included no requirement for the production
of affordable housing while state law requires that thirteen of the 86 units be affordable
to low income households with forty percent, or five units, available to very low
income households.
CONCLUSION
The state law is clear that assuring the production of fifteen percent of housing as
affordable is the Agency's responsibility. Therefore the Agency is now faced with the
alternatives of developing the required affordable housing on the city's Civic Center (an
alternative not analyzed herein) or of acquiring land or somehow amending the project
area to provide for the necessary affordable units.
ALTERNATIVES
ALTERNATIVE 1: LAND PURCHASE The Agency could purchase privately owned
land now approved for single-family housing and process new entitlements for an
affordable housing project. The Agency could hire an architect and design the project
and solicit bids for its construction just as any private developer might do. Upon
completion, the Agency could: a) sell the units to individual buyers (condominiums), b)
sell the project to a profit or non-profit sponsor to be operated as a multifamily
apartment project; or c) maintain ownership of the units. However for condominiums
it would be difficult to acquire land and build units at a cost affordable to low and very
low income households and either multifamily alternative(b and c above) would
require a general plan amendment and zone change to accommodate this product type.
Staff has proposed that the portion of the private site most suited to this alternative is
the five undeveloped single-family lots at the southeast corner of Yorktown Avenue and
Lake Street. The private owner has been contacted regarding a sale to the agency and
the owner expressed a willingness to discuss the sale and estimated its current
investment in the subdivided lots at $1.6 Million. Currently staff of the Department of
Community Development is negotiating with the land owner but no assessment has
been made as yet of the financial feasibility of a project on this site nor of the site's
capacity to provide the required thirteen affordable units.
ALTERNATIVE 2: AMEND-IN EXISTING HOUSING The Health and Safety Code
permits amendments to project areas of a non-contiguous nature and allows the
substitution of achieving affordable housing for the elimination of blight as a public
purpose warranting redevelopment. Therefore, the Agency could amend the project
area to include an existing housing project nearby of sufficient size to provide the
required thirteen affordable units. The Agency could either acquire the project,
rehabilitate it and record affordability covenants on the units itself, or negotiate with
the project's current owner to do the same.
2
Amendment of a project area is generally the same process used to adopt a new area.
• It requires approximately one year to process.
• Requires "Fiscal Review" process through which the Agency must consult with
other taxing entities. If these entities can show detriment, the Agency must pass-
through tax increment from the amended project area. (The Yorktown-Lake project
area is now unencumbered by pass-through agreements).
• Since this project area has the relatively low annual tax increment cap of$250,000,
it is suggested that any amendment for housing purposes also include an increase in
this cap to enhance the long term financial viability of the project area and to off-set
the cost of the amendment (tax increment at build-out is estimated at$300-430,000
annually).
• Would generally involve the services of a consultant firm to prepare the Report to
City Council, EIR, and other required documents (cost estimate: $50,000 plus
mailing and printing).
• May involve the services of outside legal counsel to prepare resolutions, ordinance
and to negotiate with taxing entities and prepare pass-through agreements (cost
estimate: $20-30,000, though costs could be lower if no increase in the tax
increment cap is proposed).
• Would require formation of a Project Area Committee if substantial numbers of
lower income households would be displaced by redevelopment (not a factor in this
amendment).
• Would require a joint public hearing of the City Council and Redevelopment
Agency and adoption of the ordinance by a two-thirds vote.
ALTERNATIVE 3: MERGER WITH TALBERT BEACH PROJECT The Health and
Safety Code also permits the merger of two or more project areas through the same
process described above. However, for merged project areas the requirement for
affordable, privately produced housing is increased to thirty percent (30%).
In this instance, however, this does not pose an obstacle. The Talbert Beach project
area will have 403 units at build-out and the Yorktown-Lake area 86, for a total in the
newly merged area of 489 units. Thirty percent of these units would be 147 units and
there are existing or proposed in the Talbert-Beach area 189 restricted units. Thereby
providing a remaining surplus of 42 units.
This alternative would solve the affordable housing obligations of the Yorktown-Lake
Project Area but be subject to the costs and risks described in Alternative 2 above.
Attachments: Maps
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REQUEST FOR CITY COUNCIL ACTION
Date December 21, 1992
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administ
Prepared by: Michael Adams, Director of Community Develo Wt
Subject: PROPERTY AQUISITION - FIRST RIGHT OF REFUSAL Y Glry GvurG
OVER B 19_ 1
F,YYR - 02 6q 1
Consistent with Council Policy? Yes [ ] New Policy or Exc ion .� :11&_ '
CITY C,
Statement of Issue, Recommendation,Analysis, Funding Source, Alternat ve A achments: OtttJ'
STATEMENT OF ISSUE•
Transmitted for your consideration is a request by the State of
California - State Lands Commission (SLC) regarding the City of
Huntington Beach' s interest in obtaining and or having any public
needs for the state owned property located at the terminus of Park
Avenue (see Attachment #1) .
RECOMMENDATION•
Staff Recommendation:
Motion to:
"Forward to the State of California - State Lands Commission a
formal notice that the City of Huntington Beach has no public need
for the state owned property at the terminus of Park Avenue" .
AN LYSIS:
In 1990 the Planning Division received a development proposal on
approximately 7, 593 square feet of vacant land at the terminus of
Park Avenue. Since that time the applicant has consulted with the
State Lands Commission (SLC) regarding the status of title for the
property. The SLC has also been requested to determine whether or
not the adjacent state owned property would be available for private
development (see Attachment #2) .
Staff of the SLC requests that the City of Huntington Beach indicate
to them, what, if any public needs exist for retention and use of
the State' s property. If the City believes there are public needs
and values associated with this property, the SLC would like to know
if the City is interested in purchasing or obtaining a lease from
the SLC for management of the land for public use.
PIO 5/85
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Staff has circulated an Inter-Department Communication (see
Attachment #3) to all departments requesting comments on the SLC' s
request and has received a consensus from all departments that the
City has no need for the state owned property.
FUNDING SOURCE:
Not applicable.
ALTERNATIVE ACTION:
The City Council may continue this item for additional information.
ATTACHMENTS:
1. Area Map
2 . State Lands Commission letter dated August 14 , 1992
3 . Inter-Department Communication dated September 21, 1992
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STATE OF CALIFORNIA PETE WILSON, Governor
STATE LANDS COMMISSION
1807 13TH STREET
SACRAMENTO, CALIFORNIA 95814 V
(TDD/TT) 1-800-735-2929 '
(916) 445-7738
�'JG 1 `j 1992
August 14, 1992
File Ref.: PRC 5924.1
Mr. Mike Adams Dept.of Cc-rr,�.
Director
Department of Community Development
2000 Main Street
Huntington Beach CA 92648
SUBJECT: Negative Declaration No. 90-25/General Plan Amendment No. 90-6/Zone
Change No. 90-7/Tentative Parcel Map No. 90-163
Staff of the State Lands Commission (SLC) has been conducting a study of the
property addressed in the subject documents. A letter dated March 14, 1991 from Howard
ZeIefsky, Director of Planning, to Mr. Robert Bacon, owner of the lands in question,
indicates that the property owners should consult with the SLC regarding the status of title
to the property. In addition, the SLC has been requested to determine whether or not the
State owned property, adjacent and lying northwesterly, would be available for private
development. (Please see enclosed tentative map and photos of the area in question).
Staff of the SLC therefore requests that the City of Huntington Beach indicate to us
what, if any, public needs exist for retention and use of the State's property. Our present
understanding is that it is .056-acres and is landlocked from the upland access. The SLC
in the past has leased this property to the adjacent landowner, who now desires to acquire
it, if possible.
If the City believes there are public needs and values associated with this property,
we would additionally like to know if the City is interested in obtaining a lease from the
SLC for nianagenient of same for those public uses.
Thank you for the courtesy of your response.
Sincerely,49- -
L. FOSS U
Senior Staff. Counsel
Southern California Region
Enclosure \\
cc: Howard Z;:lersky\\\l
Director of Planning
Dick Cahl
e0 Vaughn, CCC'-LB
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CITY OF HUNTINGTON BEACH=1t 7 � ``
INTER-DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
TO: Michael T. UberuagaJ L4
City Administrator
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FROM: Mike Adams x_
Director of CommunityDevelopment
SUBJECT: NEGATIVE DECLARATION NO. 90-25/GENERAL. PLAN AMENDMENZ7�"9�`.'::
NO. 90-6/ZONE CHANGE NO. 90-7/TENTATIVE ..PA1Zd1 MAP
90-163
DATE: September 21, 1992
~.F.
In 1990 the Planning Division received the subject entitlements for
a development proposal on approximately 7, 593 square feet of land .at
the terminus of Park Avenue. Since that time the applicant has ,
consulted with the State Lands Commission (SLC) regarding the status
of title for the property. The SLC has also been requested to
determine whether or not the adjacent state owned property would be .
available for private development.
Staff of the SLC requests that the City of Huntington Beach indicate
to them, what, if any public needs exist for retention and use of
the State' s property (see enclosed maps) . If the City believes ,_ -. ,
there are public needs and values associated with this property,. the
SLC would like to know if the City is interested in obtaining a
lease from the SLC for management of the land for public .use.
Please forward written comments regarding the aforementioned by
October 12, 1992 .
If you have any questions regarding this matter, please contact Herb
Fauland of my staff at Ext. 5438.
Enclosure
cc: Ray Silver
Louis Sandoval
Michael Dolder
Ronald Lowenberg
Ronald Hagan
Barbara Kaiser
Robert Franz
Ron Hayden
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REQUEST FOR CITY COUNCIL ACTION
Date December 7, 1992
Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administratora,, p
Prepared by: Michael Adams, Director of Community Developme'
Subject: LOWER SEACLIFF GREENBELT GRANT DEED AFVED BY CITY COUNCIi
— *. /..2. 7 —19
Consistent with Council Policy? Yes [ ] New Policy or Excepti rr
CITY CLEIIi
Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions, Attachments
STATEMENT OF ISSUE:
Transmitted for your consideration is the conveyance of land from
Pacific Coast Homes to the City of Huntington Beach for purposes of
developing the lower Seacliff greenbelt (parkland) . The dedication
and improvement of the greenbelt is a required mitigation measure
per Negative Declaration No. 90-28, which was approved by the City
Council on May 6, 1991 in conjunction with twelve (12) infill oil
island tract maps in the Seacliff area.
RECOMMENDATION.
Motion to:
"Approve and authorize acceptance of the corporation grant deed for
Lots 80 and 81 of Tract 6904 in the City of Huntington Beach;
Assessor Parcel Numbers : 023-223-05 and 06" .
ANALYSIS•
Mitigated Negative Declaration No. 90-28, approved by the City
Council on May 6, 1991, required the developer, Pacific Coast Homes,
to dedicate and improve two (2) , minimum . 55 acre greenbelts within
the Seacliff residential area. The upper Seacliff greenbelt is
being dedicated as part of Final Tract Map No. 14042 . The lower
greenbelt, located on the northwest corner of Palm Avenue and Island
Bay Lane (see Attachment No. 1) is being offered with the subject
deed.
The developer has recently received written approval by the Fire
Department after complying with all Fire Department requirements
involving oil well abandonment and soil cleanup (see Attachment No.
2) . Staff is recommending the City Council accept the grant deed
for Lots 80 and 81 of Tract 6904 for the purpose of developing the
lower Seacliff greenbelt. This will partially satisfy conditions
imposed on all 12 tract maps regarding the ultimate development of
the greenbelt. The developer is still required to improve both
greenbelts prior to issuance of any building permits . t
I
P10 5/85
FUNDING SOURCE•
Not applicable
ALTERNATIVE ACTION:
Reject the language in this deed and direct staff on acceptable
language.
ATTACHMENTS.
1. Area Map
2 . Fire Department oil well abandonment approval
3 . Corporation Grant Deed
4 . Minutes for the January 8, 1992 Community Services Commission
Meeting.
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LOWER A. l
SEACLIFF GREENBELT
HUNTINGTON BEACH
HUNTINGTON BEACH PLANNING DIVISION
•
City of Huntington Beach
�— 2000 MAIN STREET CALIFORNIA 92648
FIRE DEPARTMENT
October 21, 1992
Rich Fudurich
Pacific Coast Homes
2124 Main Street, Suite 200
Huntington Beach, CA 92648-2499
RE: LOWER PARK SITE - TRACT NUMBER 6904
Dear Mr. Fudurich:
Documents submitted for review regarding properly abandon oil wells and soil cleanup meet the intent
of city and state regulations and have been APPROVED by the Fire Department. Any grading and/or
building permits placed on hold will immediately be released. Holds placed on your project by other
sections within the Fire Department or various departments within the city does not apply to this
release.
Methane barrier is required for the structure located on lot #80.
Abandoned oil well Huntington B-135 will require venting to the structure on lot #90.
The Fire Department would like to thank you for complying with Specifications #422 and #431. If you
have questions regarding this release or if we can assist you in anyway, please contact the Petro-Chem
Section of the Fire Prevention Division at 714-536-5574.
Sincerely,
Mark Bodenbender, Captain
Petro/Chem Section
MB/sr
c: Armando Brizuela, Senior Plan Checker
Robert Franklin, Associate Planner
a:fudurich.ltr
W -
COMMUNITY SERVICES COMMISSION January 8, 1992
MINUTES - 563 Page two
SEAC .7 F PARKS - After extensive negotiations, Pacific Coast
Homes agreed to create two parks in the upper and lower Seacliff
area, each to be .approximately one-half acre. Kathy Leighton
representing Pacific Coast Homes, and Stephen Rose and Jim Pickle
from the landscape architectural firm of Purkiss-Rase made a
presentation outlining the park concepts as recommended by the
Seacliff Home Owners Association. Following the presentation
there was a public hearing to solicit input from the surrou ding''' )
neighborhoods. ' <Qf - F
Mr. Engle introduced Mr. Nick Tomaino, representing the
homeowners association. He indicated that the association was in
agreement with the proposed parks.
Chair Hickey opened and closed the public hearing as there were
no additional speakers.
After further discussion of the proposal , the following motion
was made:
MOTION: MOVED BY VANDER MOLEN, SECONDED BY BOZANIC THE COMMUNITY
SERVICES COMMISSION RECOMMEND THAT' 'CITY •COUNCIL APPROVE THE
CONCEPT OF TWO NEIGHBORHOOD PARKS OF APPROXIMATELY ONE-HALF ACRE
EACH, TO BE LOCATED IN UPPER AND LOWER SEACLIFF AREAS. THE PARKS
WILL CONSIST OF OPEN PLAY AREA, TURF AND TREES.
AYES: BOZANIC; CRAFT; DIAZ; HICKEY; KENNEDY; SULLIVAN;
VANDER MOLEN; WEAVER
NOES: NONE
ABSTENTIONS: MOSS
ABSENT: GABRIELSON; O'BRIC
RINA K FIRRRTATION - The Fire Department has approached
unity Services requesting a fire station on Marina Park.
Thi due to the lack of other locations of sufficient size.
The pro t will entail relocating the children' s play area and
_
expansion the parking lot. Fire Chief Michael Dolder and
Patrick Hirs from the consulting firm of Heimberger-Hirsch made
the presentatio
Chair Hickey opened public hearing.
Mr. Monty Thomas expresse ncern about the traffic pattern in
the area and suggested that p - - aps some speed bumps might slow
traffic entering and exiting the rk.
Mrs. Janet Shields spoke in opposition` -o the concept of a fire
station in Marina Park. She noted that m` t_ of the neighbors she
had spoken with felt the same. She stated would present an
attractive nuisance.
Mr. Jim Shields also spoke in opposition to the con uction of a
fire station in Marina Park. He felt that with the c ical
shortage of open space and parkland in Orange County it
l \
(563)
MINUTES
REGULAR MEETING
COMMUNITY SERVICES COMMISSION
Wednesday, January 8, 1992; 7: 00 p.m.
ouncil Chambers, Civic Canter
000 Main Street
Huntington Beach, CA 92648
Chair Margaret Hickey called the meeting to order at 7:00 p.m.
and led the salute to the flag. Following the salute to the
flag, roll was taken.
MEMBERS PRESENT: John Bozanic; Elaine Craft; Judy Diaz
Margaret Hickey; Betty Kennedy; Dan Moss
Jerry Sullivan (7 : 40 p.m. ) ;
Norma Vander Molen; Richard Weaver (8: 00 p.m. )
MEMBERS ABSENT: Carolyn Gabrielson (excused) ;
Karen O'Bric (unexcused)
STAFF PRESENT: Michael Dolder; Jim Engle; Bill Fowler;
Ron Hagan; Anita Morrison; Daryl Smith
PRESENTATIONS COMMENDATIONS
YOUTH FLAG FOOTBALL AND VOL.L.EYBAL.r. CHAMPION CERTIFICATES - Dave
Dominguez , City Gym and Pool Director, assisted by Chair Hickey,
presented the 1991 flag football and volleyball awards to:
Murdy Center "A" League Girls Volleyball Champion "Geckos"
Murdy Center "B" League Girls Volleyball Champion "Mugwumps"
Murdy Center "A" League Boys Flag Football Champion "Seminoles"
Edison Center "B" League Boys Flag Football Champion "Bruins" 1
Murdy Center "C" League Boys Flag Football Champion "Giants"
PRESENTATION TO KENAN SMITH - Kenan has been the city's Aquatics
Coordinator for 23 years. He has retired and Jim Engle presented
him with a clock and plaque in recognition of his many years of
dedicated service in helping to make the community water safe as
well as providing it with an enjoyable aquatic experience.
MEADOWLARK GOLF COURSE - A presentation was made by
Mr. Tom Frost of the American Golf Corporation regarding the
renovation plans for the golf course as well as renegotiation of
the concessionaire' s agreement. Subsequent to the presentation
and discussion by the commission, the following motion was made:
MOTION: MOVED BY CRAFT, SECONDED BY BOZANIC, THE COMMUNITY
SERVICES COMMISSION RECOMMEND CITY COUNCIL APPROVAL OF THE
CONCESSIONAIRE'S AGREEMENT AND PLANS FOR RENOVATION OF MEADOWLARK
GOLF COURSE INCLUDING COURSE, RESTAURANT, BAR, PRO SHOP,
MAINTENANCE YARD AND DRIVING RANGE.
THE MOTION PASSED UNANIMOUSLY.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 9, 1992
Lee A. Branch, Recorder
County of Orange
P. 0. Box 238
Santa Ana, CA 92702
Enclosed please find deed/ to be
recorded and returned to the Office of the City Clerk, City
of Huntington Beach, 2000 Main Street, Hmtington Beach,
California 92648.
Connie Brockway
City Clerk
CB:me
Enclosure Pacific Coast Homes #5394
Please conform copy enclosed and return.
(Telephone:714-536-5227)
919a-
RECORDING REQUESTED BY AND
WHEN RECORDED, MAILTO:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: City Attorney
APNo.: 023-223-05 and 06
MAIL TAX STATEMENTS TO:
SAME AS ABOVE
DOCUMENTARY TRANSFER TAX
not of record
Tax•Exempt-Goverrmen: Agency
CITY OF HUNTINGTCIN 8-'.0H Signature of declarant or agent
Connie Brockway. CNI ; determining tax
Pity Clerk
gy, CORPORATION GRANT DEED
putt' City erk 9, 394
KL.�7
FOR GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED, PACIFIC COAST HOMES, a California corporation ("Grantor"),
hereby grants to CITY OF HUNTINGTON BEACH, a California municipal corporation,
conditioned upon such Property, as defined below, being used as open space, public
park or recreational purposes for the period of fifty (50) years from the date hereof,
that certain real property in the City of Huntington Beach, County of Orange, State
of California, described in Exhibit A attached hereto and hereby made a part hereof,
and hereinafter referred to as the "Property":
SUBJECT TO:
(a) Easements, liens, charges, covenants, restrictions, reservations and other
matters of record, encumbrances, and any and all amendments, modifications
and/or supplements thereto recorded in the Office of the County Recorder, Orange
County, California.
(b) Matters that can be ascertained by a reasonable inspection and/or survey
of the Property.
EXCEPTING all oil, gas and other hydrocarbons, geothermal resources, and all other
minerals, whether similar to those herein specified or not, within or that may be
produced from said Property.
FURTHER EXCEPTING AND RESERVING the sole and exclusive right from time to time
to drill and maintain wells or other works into or through said Property and the
adjoining streets, roads and highways located upon said property below a depth of
SOO feet and to produce, inject, store and remove from and through such wells or
works, oil, gas, water and other substances of whatever nature, including the right
This doc: :t is soleiv for the
official bu.Aress o' tl:(3 City
of Hd:_tirjstcn F-'Ich, fls contem—
plated u.; 4), coverrr-=t Code
Sec. 61v3 and should be recorded
free of eha;re-
394
to perform below said depth any and all operations deemed necessary or convenient
for the exercise of such rights.
The rights hereinabove excepted and reserved do not include and do not except or .
reserve any right to use the surface of the Property or the first 500 feet below the
surface of the Property or to conduct any operations thereon or therein. Unless
hereinafter specifically excepted and reserved, all rights and interests in the surface
of the Property are hereby conveyed to Grantee.
IN WITNESS WHEREOF, Grantor has executed the instrument this / day of
1992.
GRANTOR:
PACIFIC COAST HOMES,
a California corp tion,
BY:
B . L
ITS: �SS«law¢ rir
s
i
CI'iY .1
I
539
EXHIBIT A
Description and Assessor's Parcel No.:
Lots 80 and 81 of Tract 6904 in the City of Huntington Beach, County of
Orange, State of California as shown on a Map recorded in Book 270, Page23
through 29 inclusive of Miscellaneous Maps of the Official records of Orange
County.
APN 023-223-05 and 06.
REQUEST FOR CITY COUNCIL ACTION
�-•°` RH 91-73
Date October 21, 1991 _
APPROVED BY CITY COUNCII
Submitted to: Honorable Mayor and City Council Members
—19-D
Submitted by: Michael T. Uberuaga, Executive Dire
Prepared b p y y 7 CITY�LE
p Y Barbara A. Kaiser, De ut Cit Administrator/Economic ev
Subject: ACCEPTANCE AND RECORDATION OF A GRANT DEED TO THE CITY OF
HUNTINGTON BEACH LOCATED WITHIN THE TALBERT/BEACH
REDEVELOPMENT PROJECT AREA
Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions, Attachments:
STATEMENT OF ISSUE:
Agency staff is currently negotiating the business terms of a Disposition and
Development Agreement between the Redevelopment Agency and Sea View Village
Partnership, developer of a proposed 92 unit condominium complex located within the
Talbert/Beach Redevelopment Project Area. Terms of this agreement will include sale
of City/Agency owned property to the developer and also includes a small encyclopedia
lot which the Redevelopment Agency had previously authorized acquisition for the
purpose of providing additional housing opportunity within the Talbert/Beach
Redevelopment Project Area. City Council is being requested to accept the grant deed
for the above described encyclopedia lot.
RECOMMENDATION:
Authorize the City Clerk to accept the grant deed from Sharon C. Kincaid on behalf of
the Redevelopment Agency and upon recordation authorize the Mayor to convey parcel
to the City of Huntington Beach Redevelopment Agency.
ANALYSIS:
Agency staff in concert with the City Attorney's office has over the past few years
been in negotiations to acquire certain encyclopedia lots within the only remaining
undeveloped area located within the Talbert/Beach Redevelopment Project Area.
Subject parcels acquisition allow lengthy negotiations by the City Attorney's office
resulted in a grant deed inadvertently being executed in favor of the City of Huntington
Beach rather then the Redevelopment Agency. Due to the fact that Redevelopment
Agency acquisition funds were expended in properties purchase and that the grantor,
Kincaid, are out of state residents, having a new grant deed re-executed would not be in
the best interest of the City.
PIO 5/85
RC-4'RH 91-73
4-October 21, 1991
Page two
FUNDING SOURCE:
None required, already purchased from Redevelopment Agency acquisition funds.
ALTERNATIVE ACTION:
Accept in behalf of the City of Huntington Beach and convey interest to developer
through Disposition and Development Agreement.
ATTACHMENTS:
1. Grant Deed, Kincaid.
MTUJBAKJPS:jar
9696r
c .
REQUEST FOR CITY COUNCIL ACTIOW,.--
Date Octobe/2/19/'91
i
Submitted to: Honorable Mayor and' City Council Member
Submitted by: Gail Hutton, City Attorney f
Prepared b
P Y: PCIGail Hutton, City Attorney
Subject: Acceptance and Recordation of G n Deed [Smythe-Kincaid]
to the City dated 7/10/91 (Sea ew Project)
Consistent with Council Policy? [� Yes [ ] N e/Policy or Exception
Statement of Issue, Recommendation,Analysis, Funoing Source, Alternative Actions,Attachments:
STATEMENT OF ISSUE:
The Redevelopment Agency ha before it a draft copy of a
proposed DDA for Seaview V''llage. In Sections 201, et seq. of
the proposed DDA the Agency will commit itself to acquire a
marketable title to seve./al small lots in the project area and
to convey these lots at/(no cost to the developer. An interest
in one of these lots [/ of #20, Block C, Tract No. 1721 was
acquired by the City
/•n July 10, 1991 from Sharon Kincaid AKA
Sharon Smythe Kincai Mrs . Kincaid Smythe' s title is based
upon her possession/ of 27 years of these lots . The chain of
title to this lot ,,- s "clouded. " (See confidential memo to City
Council . )
1
The Agency' s in' ention is to clear the title and then convey the
clear title to/ he Agency and thence to the developer, if the
Seaview Ville DDA is approved.
RECOMMENDATI. N
By Minute,/ rder, direct the City Clerk to accept the Grant Deed
on behalf/of the City and authorize and direct the Mayor to
execute grant--deed to the Agency for Lot #20 at such time as
the tWie is marketable, and direct the City Clerk to attest the
signore of the Mayor to that Grant Deed.
ANALYSIS
(Se Confidential Memo to Council dated October 2, 1991. )
F NDING SOURCE None required, already purchased from City
unds .
ALTERNATIVE ACTIONS None are feasible
ATTACHMENTS None
PIO 5/85
i
CITY OF HUNTINGTON BEACH
�• INTER-DEPARTMENT COMMUNICATION
HUNRW,70N BEACH
V "
To City Attorney From Connie Brockway
City Clerk
Subject Re: Acceptance .of Grant Date September 3, 1991
Deed from Kincaid
AP 159-141-49
.REJves l
I returned the original grant deed to your office las ridgy.
This deed should be accepted by the Agency Clerk o ehalf of the Agency.
Please provide the City Clerk' s Office with a prepared for tonight or for
September 9, 1991 from the Agency requesting the City to accept the deed.
Then, as you state, Pat Spencer can proceed to prepare an RCA to Council
asking that they transfer the property to the Agency.
I understand your department does not want to return to Texas to have the
grantor sign a grant deed which is made out to the Agency rather than the
City; however, the above method would correct the problem simply.
i
REQUEST FOR CITY COUNCIL ACTION
CONFIDENTIAL October 2, 1991
Date
Submitted to: Honorable Mayor and City Council Members
Submitted by: JGail Hutton, City Attorney
Prepared by: eGail Hutton, City Attorney
Subject: Acceptance and Recordation of Grant Deed [Smythe-Kincaid]
to the City dated 7/10/91 (Seaview Project)
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 has before it a draft copy of a
proposed DDA for Seaview Village. In Sections 201, et seq. of
the proposed DDA the Agency will commit itself to acquire a
marketable title to several small lots in the project area and
to convey these lots at -no cost to the developer. An interest
in one of these lots [Lot #20, Block C, Tract No. 1721 was
acquired by the City on July 10, 1991 from Sharon Kincaid AKA
Sharon Smythe Kincaid. Mrs . Kincaid Smythe' s title is based
upon her possession of 27 years of these lots .
The City Clerk has refused to "accept" the Grant Deed
contending that the Grant Deed should go to the Agency rather
than the City because of an Agency Resolution authorizing
condemnation of the lot. We were unable to condemn the lot
because no DDA has ever been finalized. Thus the need to
purchase the Smythe interest and clear the title. The Clerk' s
position is untenable.
The Agency' s intention is to clear the title and then convey
the clear title to the Agency and thence to the developer if
the Seaview Village DDA is approved.
RECOMMENDATION
By Minute Order, direct the City Clerk to accept the Grant Deed
to Lot #20 on behalf of the City and authorize and direct the
Mayor to execute a grant deed to the Agency for Lot #20 at such
time as the title is marketable, and direct the 'City Clerk to
attest the signature of the Mayor to that Grant Deed.
y .
Page Two
Re: Grant Deed Smythe Kincaid
ANALYSIS
The grant deed must be recorded showing the title vested in the
City before the City can bring its quiet title action.
Conceivably the grantor (Mrs. Smythe) could convey the fee to a
third party prior to the time the City records title, who could
then record and obtain a title superior to the City title!
Further, the process now requires that the City provide the
court with a title report showing the City interest in the
title to be granted and all of the interested parties to be
served. Until the deed is recorded no quiet title action can
be commenced.
FUNDING SOURCE None required, already purchased from
City funds .
ALTERNATIVE ACTIONS None are feasible
ATTACHMENTS
Smythe/City grant deed and affidavits.
e ,
AFFIDAVIT DEATH OF JOINT TENANT
State of Texas )
County of Grayson )
SHARON C. KINCAID SMYTHE, of legal age, being first
duly sworn, deposes and says:
That WILLIAM B. KINCAID, the decedent mentioned in the
attached certified copy of Certificate of Death, is the person
named as one of the parties in that certain deed dated May 31,
1961, executed by ROBERT HANLEY, JAMES HANLEY and CONSTANCE
GRAHAM, to WILLIAM B. KINCAID and BESSIE G. KINCAID, as joint
tenants, recorded as Instrument No. 17552 on June 26, 1961 in
Book 5766, page 392, of Official Records of the Recorder, County
of Orange, State of California, covering the following described
property situated in the City of Huntington Beach, County of
Orange, State of California :
Lot #20 in Block 6, Tract 172 as per map thereof
recorded in Book 12, Page 22 of Miscellaneous Maps,
Records of said Orange County
That the value of all real and personal property owned by
said decedent at date of death, including the full value of the
property above described, did not then exceed the sum of $ N
Dated 1991.
Subscribed and Sworn to me this day of C`C
PYpU BRENDA WALKER Notary Public in and for
`8 NOTARY/PUBLIC said County and State
STATE OF TEXAS
qlE.of ti+ Commission Expires 5.28.93
Printed or typed name of
Notary Public
AFFIDAVIT DEATH OF JOINT TENANT
State of Texas )
County of Grayson )
SHARON C. KINCAID SMYTHE, of legal age, being first
duly sworn, deposes and says :
That MALON E. KINCAID, the decedent mentioned in the
attached certified copy of Certificate of Death, is the person
named as one of the parties in that certain deed dated 11/15/60,
executed by W. B. KINCAID and BESSIE G. KINCAID, to MALON E.
KINCAID and SHARON C. KINCAID, as joint tenants, recorded as
Instrument No. 200848 on November 15, 1960 in Book 5486, page
275, of Official Records of the Recorder, County of Orange,
State of California, covering the following described property
situated in the City of Huntington Beach, County of Orange,
State of California:
Lot #20 in Block 6, Tract 172 as per map thereof
recorded in Book 12, Page 22 of Miscellaneous Maps,
Records of said Orange County
That the value of all real and personal property owned by
said decedent at date of death, including the full value of t e
property above described, did not then exceed the sum of $ .
Dated , 1991. Si
Subscribed and Sworn to me this day of �� 9C°l I .
�o�aY p�9tl 6RENDA WALKER
NOTARY PUBLIC Notary Public in and for
9, } STATE OFTEXAs said County and State
Commission Expires 5-28.93
Printed or typed name of
Notary Public
AFFIDAVIT DEATH OF JOINT TENANT
State of Texas )
County of Grayson )
SHARON C. KINCAID SMYTHE, of legal age, being first
duly sworn, deposes and says:
That WILLIAM B. KINCAID, the decedent mentioned in the
attached certified copy of Certificate of Death, is the person
named as one of the parties in that certain deed dated October
28, 1960, executed by CONSTANCE GRAHAM, to WILLIAM B. KINCAID
and BESSIE G. KINCAID, as joint tenants, recorded as Instrument
No. 191201 on October 28, 1960 in Book 5486, page 275, of
Official Records of the Recorder, County of Orange, State of
California, covering the following described property situated
in the City of Huntington Beach, County of Orange, State of
California:
Lot #20 in Block 6, Tract 172 as per map thereof
recorded in Book 12, Page 22 of Miscellaneous Maps,
Records of said Orange County
That the value of all real and personal property owned by
said decedent at date of death, including the full value o he
property above described, did not then exceed the sum of $�.
Dated 1991.
Subscribed and Sworn to me this ) (7 day of
Notary Public in and for
said County and State
o��,PY PVC` BRENDA WALKER
ILOTl1FiY PUI�LIC
9�P 3�t i CG;fi S 0���OF�E�9�2 93
Printed or typed name of
Notary Public
AFFADAVIT OF SHARON KINCAID SMYTHE
I, SHARON KINCAID SMYTHE, swear (or affirm) that if called
to testify in any matter before any court, I would testify as
follows :
1. I am a resident of the State of Texas and I presently
reside in a rural area near the City of Denison;
2 . That for many years I was a resident of the State of
California in the County of Orange, City of Huntington Beach,
that my place of physical residence from 1960 to 1978 was
approximately 40 feet south of the intersection of Joyful Lane
and Talbert Avenue, commonly as 7� Talbert Street
(Avenue) , Huntington Beach, CA 92648, in a single family
residence at said address, which residence occupied Lot 20,
Block C, Tract No. 172, City of Huntington Beach, County of
Orange, State of California, as shown on a map recorded in Book
12, pages 21 and 22 of Miscellaneous Maps, in the Office of the
County Recorder of the County of Orange (herein as Lot 20) ;
3 . That the residence on Lot 20 also occupied several
other lots adjacent to Lot 20;
4 . That the residence was built in 1960 by my late
husband, Malon E. Kincaid;
5 . That William Bethel Kincaid and his wife Bessie G.
Kincaid were the record title owners to Lot 20 as well as to
the adjacent lots upon which the residence was constructed;
- 1 -
6 . That on November 7, 1960, William B. and Bessie G.
Kincaid conveyed by quit claim all of the right, title and
interest to your declarant and Malon E. Kincaid, as joint
tenants;
7. That said Malon Kincaid and your declarant paid all
taxes and assessments made against Lot 20 from November 7, 1960
to the present time;
8 . That said Malon Kincaid and your declarant enclosed
the whole of Lot 20 and all of the adjacent lots with a wooden
fence in 1960 and that all others were excluded from use and
occupation of Lot 20, excepting with our permission;
9 . That from time to time the residence was let to
tenants who attorned to your declarant and paid rents and who
accepted posession from and returned possession to your
declarant;
10 . That it was generally known in the community of the
use and occupation of Lot 20 by your declarant and that such
use and occupaton was open, hostile, notorious to all and that
such occupation was under grant and color of title from William
B. and Bessie G. Kincaid, who your declarant believed was was
seized and possessed of Lot 20 and who were persons in actual
possession thereof;
11. That your declarants use and occupation of Lot 20 was
under the good faith belief that the use and occupation was
under claim of
2 -
12 . The date of death of William Bethel Kincaid was
December 6 , 1976; the date of death of Bessie G. Kincaid was
June 23 , 1989 ; the date of death of Malon E. Kincaid was
September 5 , 1978 .
I swear (or affirm) under penalty of perjury under the laws
of the State of California that the foregoing is true and
correct.
DATED:. 7 Z �-
SHARON KINCAID SMYTHE
Subscribed and sworn before me this d C-t:, c`
l;
9. =s:�;P4DA WALKER
1�y t�40TARY PUBLIC
9, + STATE OF TEXAS
Expires 5.28.93
3 -
t y A. P. #159-141-49 tTitles $
Order No. ° "" 9 I �8 1943 �$
Escrow No. f®�r .' ,?..:,� + Add. $
Loan No.
-._" RECORDED IN OFFICIAL RECORDS Pg@$
` ,43 OF ORANGE COUNTY,CALIFORNIA
Lien Nt $
WHEN RECORDED MAIL TO: 4:00 @$
City Clerk PM OCT 24 1991
Other $
City of Huntington Beach Rec.Fees Is
2000 Main Street Q•y6*a Recorder D.T.T.
Huntington Beach, CA 92647 PCOR
SMF
ff2
SPACE ABOVE THIS LINE FOR REC F-
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $................................................
CityClerk
......Computed on the consideration or value of property conveyed; OR
City of Huntington Beach ......Computed on the consideration or value less liens or encumbrances
2000 Main Street � ��4 remaining at time of sale.
Huntington Beach, CA 92647
,rf Signature of Declarant or Agent determining tax - Firm Name
City Clerk of the City of I-iuntingcon Beac
GRANT DEED Tax-Exempt-Government Agency
CITY OF HUNTINGTON BEACH
Connie Brockway, ChiC
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City Clerk
By:
AARON C. KINCAID A.K.A. SHARON KINCAID SMYTHE Dept-Ay City Clerk
hereby GRANT(S) to
THE CITY OF HUNTINGTON BEACH, A Municipal. Corporation,
the real property in the City of Huntington Beach,
County of Orange , State of California, described as
Lot 20, Block C, Tract No. 172, City of Huntington Beach,
County of Orange, State of California , as shown on a map
recorded in Book 12 , pages 21 and 22 of Miscellaneous Maps ,
in the Office of the County Recorder of the County of Orange.
APPROVED AS TO FORM:
This is to certify that the interest'
GAIL HUTTON , City Attorney in real property conveyed by the deed
or grant deed dated 'Toll fo, Iq5/ from
Sharon Kincaid Smythe A. K.A. Sharon
C. Kincaid Smythe to the City of
Huntington Beach, a municipal
This doounerA is Solely for the corporation, is hereby accented by
offioial business of the C1tT the undersigned officer on behalf
of Hunti.n;;ton Pgnch, as contem- of the City. The grantee consents
under 0o-:e�•rnaont Code to recordation thereof.
plated
Sec. 6103 ati6 s}iou].d be re. ordn-i
r Dated:SLG_'Ry�c _
Dated July 10, 1991
STATE OF(WkUWWKAT E XA S Iss.
COUNTY OF -914'4-a 1
C) 4- July T0- 991
_ o
before me,the undersigned,a Notary Public in and for said State,per-
sonally appeared—Sharon Kincaid A-K.-A
_ Sha.ronK.inca.id Smythe
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)is/are subsci
within Instrument and acknowledged to me that he/she/the BRENDA WALKER
NOTARY PUBLIC
the same. STATE OF TEXAS
WITNESS my hand)and official seal. I qr t Commission Expires 6.28-93
Signature ^/,i - (This area for official notarial seal)
, ` (.(,� /�f
1002 (6/82)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
i
i
I Order No.
Escrow No.
Loan No. 159-141-49
j
jWHEN RECORDED MAIL TO:
City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92647
SPACE ABOVE THIS LINE FOR RECORDER'S USE
{ MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $................................................
I City Clerk
......Computed on the consideration or value of property conveyed;OR
City of Huntington Beach ......Computed on the consideration or value less liens or encumbrances
a 20 0 0 Main Street �r remaining at time of sale.
i ct
j Huntington Beach, CA 92647
'=I Signature of Declarant or Agent determining tax —Firm Name
t) City Clerk-City of Huntington Beach
f
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Huntington Beach, a municipal corporation of the State of California
hereby GRANT(S) to
Community Redevelopment Agency of the City of Huntington Beach
the real property in the City of Huntington Beach
County of Orange State of California, described as
Lot 20, Block C, Tract No. 172 , City of Huntington Beach,
County of Orange, State of California, as shown on a map
recorded in Book 12, pages 21 and 22 of Miscellaneous Maps,
in the office of the County Recorder of the County of Orange.
F
APPROVED AS TO FORM:
Tax-Exempt-Government Agency
CITY OF HUNTINGTON BEACH
GAi_1 Hutt , City Attorney Connie L'roci(%vay, CMC
City Clerk
' By:
LJeputr City Clerk
this document is solely ror the
Official business of the City
4. Of Huntln 'ton Beach, as oontem-
Plated undeln Government Code
.. Sec. 6103 and should be recorded
free of charpe.
I
�1.
CITY OF HUNTINGTON BEACH, a municipal
corporation
,I Dated -- /D BY:
— j Mayor )
STATE OF CALIFORNIA )ss.
COUNTY OF 1L_
��.. o
1 before me,the under e a Notary Pub'�innd
,a ,--for said-State,per-
sonally appeared
personally known to me( L ii11CPAW
ovWe"c*to be the person whose name)isfero subscribed to the y CRAM `�OMY
O
within instrument and acknowledged to me that heAhWlbey executed My ComM011 s
the same. E9AUQW 21,
WITNESS my hand and f icial seat. .
(This area for official notarial seal)
Signs
1002 (6/82)
nnn�� -rn�. rT n-rrnnr n.-rr nr
' Page 6 - Council/Agency Agenda - 7/5/89
D-4 . (City Council) PUBLIC HEARING - APPEAL TO PLANNING_ COMMISSION
DENIAL OF SPECIASIGN PERMIT NO. 89-1 - FEDERAL •SIGNS/ORS
f' Public hearing to consider the following appeal :
r
' APPLICANT/APPELLANT: Federal Signs/QRS
LOCATIQN: Great Western Bank - 16141 Beach Boulevard
(northwest corner at Stark Avenue)
ZONE: C4 (Highway Commercial)
REQUEST: To appeal the Planning Commission denial of request
to permit a 37 square foot, 7 foot high freestanding monument
sign in addition to existing wall signs for (1) a corner site
and (2) a building that has already taken advantage of a
reduced setback. The code states that for either of these
situations , a freestanding sign OR attached sign may be
permitted, but not both .
ENVIRONMENTAL STATUS: Categorically exempt pursuant to
Section 15311(a) , Class 11 of the California Environmental
Quality Act .
RECOMMENDED ACTION: Staff and Planning Commission
recommend that Council deny the appeal and uphold Planning
Commission denial of SSP 89-1 with findings for denial as
set forth in the RCA dated 7/5/89 .
D-5 . (Redevelopment Agency) PUBLIC HEARING - ACOUISITION OF
PROPERTY BY EMINENT DOMAIN - RESOLUTION OF NEED
f1ECESSITY NO. 178 - KINCAID - LOT #20 - AP 159-141-49 -
TALBERT-BEACH PROTECT AREA
FIVE Public hearing to consider adoption of Resolution of
VOTES Necessity relative to the acquisition of certain real
REQUIRED property commonly known as AP 159-141-49 to complete the
Talbert Beach Redevelopment Project .
RECOMMENDED ACTION: After hearing adopt Agency
Resolution No. 178 - "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
TALBERT-BEACH PROJECT AREA IN THE CITY OF HUNTINGTON
BEACH FOR REDEVELOPMENT PURPOSES AND AUTHORIZING THE
ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN:".
Holocd �eso/u�i�» �. �78
5- �Ersk�we -orb 0.14 tic roo 0"
�,tn/sfu- _ .t.6san4)
(6) (7/5/89)
RESOLUTION NO. 178
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 TALBERT-BEACH PROJECT AREA IN THE
CITY OF HUNTINGTON BEACH FOR REDEVELOPMENT PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY
BY EMINENT DOMAIN
WHEREAS, the Redevelopment Agency of the City of
Huntington Beach is proposing a redevelopment project for the
Talbert-Beach area; and
Acquisition of the real property referred to hereinbelow
is necessary for implementing this public project; and
California Health and Safety Code § 33391 authorizes the
Agency to acquire by eminent domain any property necessary to
carry out any redevelopment purpose, and redevelopment is an
essential Agency function,
NOW, THEREFORE, the Redevelopment Agency of the City of
Huntington Beach finds, determines and resolves as follows :
1. The public interest and necessity require that the
Redevelopment Agency of the City of Huntington Beach acquire the
real property described herein for public use for redevelopment
purposes pursuant to the authorization of Health and Safety
Codes § 33391.
2 . The real properties or interests in real properties,
described herein and graphically depicted in Exhibit "A"
attached hereto and incorporated herein by reference, are more
particularly described as follows : Lot 20 in Block C of Tract
No. 172, in the City of Huntington Beach, County_ of Orange,
State of California, as shown on a map thereof recorded in Book
12, Pages 21 and 22 of Micellaneous Maps, in the office of the
. County Recorder of Orange County (APN 159-141-49) .
3 . All persons with an ownership interest in the
property and whose name and address appear in the last equalized
county assessment role were duly given notice and an opportunity
to be heard pursuant to Code of Civil Procedure § 1245.235 .
4 . A hearing on the matters set forth in Code of Civil
Procedure § 1240 . 030 was duly held by the Redevelopment Agency
on July 5th• 1989
5 . The public interest and necessity require the
proposed project .
6 . The proposed project is planned and located in the
manner that will be the most compatible with the greatest public
good and the least private injury.
7 . The property described herein is necessary for the
proposed project .
.8 . It is necessary that the taking of said property or
interest in said real property be in fee simple, and acquisition
of the property in fee ownership is in the manner which will be
most compatible with the greatest public good and the lease
private injury.
9 . The Chief Executive Officer of the Redevelopment
Agency, or his designee, and the Legal Counsel and hereby
authorized, directed and empowered to acquire in the name of the
Redevelopment Agency of the City of Huntington Beach a fee
simple estate in and to the above described real property or
interest in real property by condemnation under -the laws of the
State of California relating to eminent domain and such other
2 178
statutes of the State as may be applicable, to commence such
proceedings as are necessary for the acquisition of said
property, and to do all things reasonably necessary for the
acquisition of the property, including applying for an order
fixing .the amount of security by way of money deposits as the
court may direct and for an order permitting the city to take
possession and use of the the property for the uses and purposes
described herein.
10. The real property of interest in real property which
is authorized for condemnation by this resolution is situated in
the redevelopment project area of the City of Huntington Beach,
County of Orange, State of California .
11. The agency is required by provision of Govt. Code
7267. 2 to offer just compensation to the owner or owners of
record of the property for the interest of such owner to be
taken. Such offer has been made to one of the owners of
record. A search has been undertaken with reasonable diligence
for the whereabouts of a second record owner. This search
resulted in failure to locate such person. Therefore, no offer
has been made to the missing person.
The agency finds that there has been full and
complete compliance with C.C.P. § 1245 .230 .
3 - 178
PASSED AND ADOPTED by the Redevelopment Agency of the
City of Huntington Beach at an adjourned regular meeting thereof
held on the 5th day of July 1989 .
Chairman
ATTEST:
Agency Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Agency Clerk Agency Attorney
Special Legal Counsel
REVIEWED AND APPROVED: MATED AND APPROVED:
City Administrator ' Dep y City Administrator
Director Community Development
4 _ 178
• Res. No. 178
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF HUNTINGTON BEACH)
I, CONNIE BROCKWAY, Clerk of the Redevelopment Agency of the
City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing
resolution was duly adopted by the Redevelopment Agency of the City of
Huntington Beach at a/me��In f said Redevelopment Agency held on the
5th day of duly 19 89 , and that it was so adopted
by the following vote:
AYES: Members:
Macallister, Green, Winchell, Mays, Silva
NOES: • Members:
None
ABSENT: Members:
Bannister
OUT OF ROOM: Erskine
Clerk of t e Redevelopm6dt Agency of
the City of Huntington Beach, Ca.
��. PROPERTY
AUG 2 v 1991
[E CITY OF HUNTINGTON BEACH MANAGEOUg
INTER-DEPARTMENT COMMUNICATION
MUNTINGTON BEACH �Y
To Dan Brennan, Director of From Connie Brockway, City Clerk
Real Estate Services
Subject Grant Deed - Kincaid Date 8/28/91
Thank you for providing the Assessor ' s Parcel Number for the
above deed, however prior to this office processing the deed
through the recorder, would you please receive confirmation
from the City Attorney' s Office that the Grant Deed should go
directly from Kincaid to the City and not as has previously
been the case from Kincaid to the Redevelopment Agency and then
from the Agency to the City.
I have attached the supporting material relevant to the eminent
domain and Resolution No. 178 of the Agency.
I
City of Huntington Beach
P.O. BOX 180 CALIFORNIA 82648: E;
January 5., 1979 .
SUBJECT: Request for Proposals for Professional Services -
Real Estate Negotiation and Lease Consultant
Gentlemen
The City;.o.f .Huntington Beach is -accepting- proposals from consultants
engaged in the -_real property management and lease drafting. business .
Your firm. is being considered -to render these services
The City of Huntington Beach for the last several years has experienced
very rapid growth. In dealing with that growth, the City has entered
into numerous leases covering beach, pier and park concessions , restau-
rants and city-owned properties used commercially . The City desires
to. optimize. its position concerning_ these leases and to utilize the
expertise of the. 'private .sector in the management of. its properties .
The selection of' a consultant to render these services will. be based
on the following capabilities
1 . To advise the City Council and City Administrators staff on all
matters pertinent to the management of interests in real property,
including those factors utilized in the private sector to maximize
..the owner' s. position in real property transactions ;.
2. To prepare lease agreements and analyze property lease agreements
presented by proposed lessees ;
3 . To analyze all relevant financial information supplied by prospec-
tive lessees for the purpose of:
(a) assuring that the City:'_s best interests are maintained; and
(b) assuring the financing arrangements are consistent with sound
management principles, i .e ;, debt/equity ratio ;
4 . To determine standards for the financial qualification. of potential
lessees and analyze the data submitted by. potential lessees to
determine conformity with. those standards ;
5 . To assure.,. on behalf-.of the::City, that all defects and conditions
of default ar.e _cured by les.s'ees to protect., the. City'.s.-ownership
interests, ;
J
Request for Proposals for
Professional Services Page Two
5 . To coordinate appropriate legal action and the timely filing of
pleadings in connection with any findings above in order to pro-
tect the best interest of the City .
It is desired that the following be submitted along with yourp.°oposal :
1 . A list of personnel who will work on specific assignments and
a brief resume of each , including recent projects on which they
have worked ;
2 . The legal background of members of your firm which qualify you
and them to draft "lease agreements within the scope of the rules
of practice of the California Bar Association;
3 . A list of similar assignments which your firm has previously
completed;
4 . Information which will indicate the firm' s understanding of the
scope of work and also the firm' s basic approach;
5 . Any suggestions or unique approaches to real estate management of
which the City should be made aware .
It is anticipated that the scope of work to be performed by the con-
sultant will include , but not be limited to, the following:
1 . To meet and confer with affected department directors and city
staff .for the purpose of preparing model leases governing city
properties and used as efficient management tools and guidelines
for the City in the management of its properties ;
2 . To modify and apply these model leases , as appropriate , in each
individual leasing situation involving city-owned or leased
properties ;
3 . To represent the City -in lease negotiation presentations with
existing and prospective lessees ;
4 . To intercede in negotiations between the City and its lessees to
i resolve lease violations or institute default notices ;
5 . To provide clear and definitive operational procedures or lease
conditions for the day-to-day management of city property used
commercially by lessees for the mutual benefit of both parties .
Attached for your information in preparing your proposal is the City
of Huntington Beach standard form agreement for professional services
which will inform ,you of our insurance and ether miscellaneous require-
r:ents . Although the professional services required for this project
Request for Proposals for
Professional Services Page Three
will not be awarded based on competitive bidding, it is- desired that
your fee be included with your proposal . Huntington Beach has.
preferred to retain consultants on an hourly . basis up to a fixed
maximum amount for the services; therefore, it is requested that
,your fee be expressed in this manner. Following receipt of all
proposals , the most qualified firms may be interviewed prior to the
final selection.
If your firm is interested in submitting a proposal for this work ,
it is requested that it be s bmitted to the Purchasing Officer,
Mr . Roy How, by jan Please identify the proposal by
.. a notation on the envelope . It is our intention to approve a pro-
fessional service agreement at the City Council meeting of `
February 5, 1979 •.
Should you require any additional information regarding qualifications ,
please communicate with Mr: Vincent G . Moorhouse, Director, Harbors ,
Beaches, Recreation and Parks , (.714) 536-5291 .
Sincerely,
ROY HOW
Purchasing Officer
RH :VGM: cs
Attachments
w