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HomeMy WebLinkAboutFailed to Adopt Resolution of Necessity for Condemnation of Dept.ID CA 15-005 Page 1 of Meeting Date:4/20/2015 M CITY OF HUNTINGTON BEACH REQUEST FOR, CITY COUNCIL ACTION MEETING DATE: 4/20/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michael E. Gates, City Attorney Travis Hopkins, Director of Public Works SUBJECT: Adopt Resolution of Necessity for Condemnation of 80 Huntington Street, APN 024-291-16, For Atlanta Avenue Widening Project Statement of Issue: The City is pursuing a Permanent Street Easement and Temporary Construction Easement at 80 Huntington Street, otherwise known as Surf City Beach Cottages (formerly Pacific Mobile Home Park), a mobile home community. The Permanent Street Easement is for the Atlanta Avenue Widening Project. A Resolution of Necessity is the first step in a condemnation proceeding for the portion of the property proposed to be utilized for the Atlanta Avenue Widening. Project. A public meeting is required to allow the property owner to address the proposed condemnation. If the City Council finds that the public interest and necessity require widening Atlanta Avenue between Huntington and Delaware Streets, and that the condemnation of a portion of 80 Huntington Street is necessary for the Widening Project, it is to adopt a Resolution of Necessity authorizing condemnation of the necessary property. Authorizing condemnation does not preclude: a mutual settlement with the property owner at a later date. (Financial.Impact: Should the Resolution of Necessity be adopted, funding in the amount of$2,636,000 is available in business units 96585001 (MPAH Grants - $1,350,000), 21390024 (Measure: M $680,000), 20690002 (Traffic Impact-$300,000) and 31485201 (Infrastructure-$306,000). Recommended Action: Adopt Resolution No. 2015-18, "A Resolution of the City Council of the City Of Huntington Beach Finding and Determining that the Public Interest and Necessity Require Condemnation of a Permanent Street Easement and a Temporary Construction Easement in Certain Real Property Located at 80 Huntington Street, City of Huntington Beach, Orange County Assessor's Parcel No. 024-291-16, for the Atlanta Avenue Widening Project." (This resolution must be adopted by two-thirds (at least 5) of all the members of the City Council.) Alternative Action(s): Do not adopt Resolution of Necessity. -237- Item 10. - 1 Dept.ID CA 15-005 Page 2 of 4 Meeting Date:4/20/2015 Analysis: Factual Background: The City's General Plan Circulation Element designates Atlanta Avenue as a four-lane primary arterial street with a center median and bike lanes in both directions. This designation is consistent with the County Master Plan of Arterial Highways (MPAH). Providing the ultimate cross section for this section of Atlanta Avenue requires widening Atlanta Avenue. The City is required to have an adopted Circulation Element consistent with the MPAH and to pursue buildout of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and grants. The section of Atlanta Avenue between Delaware and Huntington Streets requires widening to meet current and future traffic operation needs in the area. Widening the street to a four lane divided cross section will address traffic capacity concerns, and more safely and efficiently accommodate bicyclists, pedestrians and bus transit access in the area. The improvements will also bring the roadway section into conformance with the City's General Plan and the MPAH. This section of Atlanta currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks. The widening of this last remaining section will result in a total public right-of-way of 89.75 to 105 feet, with four through lanes, including median, bicycle lanes, and curbs, gutters and sidewalks. The street will conform and align with the existing, fully improved public roadway to the immediate east and west of the location and significantly improve overall traffic operations, traffic and pedestrian safety, and transit operations between First Street and Florida Street. The recommended design provides only the minimum required facilities to meet the needs of all forms of transportation in the area, consistent with "complete streets" requirements, thus minimizing private property acquisition and impacts. More specifically, there is an overriding need for the Project based upon these factors: Street Capacity — Pacific City as a condition of their development has recently widened Atlanta Avenue between First and Huntington Streets. This has resulted in the section of Atlanta between Delaware and Huntington as the lone remaining "choke point' between Beach Boulevard and First Street. Completion of the widening will enhance overall traffic operations in the area, minimizing delays and associated impacts. Traffic Safety— The "choke point" on Atlanta has resulted in street alignments that require additional motorist decisions. Narrowing roadways have a greater potential for merging accidents and motorists inadvertently driving vehicles off of the street. The street widening would help to minimize accident potential and provide improved traffic safety. ■ Local Transit Services— Current transit activity turning from Huntington Street and stopping on Atlanta is constrained due to the width of the roadway, the tight corner and the presence of cyclists on Atlanta. Widening the roadway to provide two eastbound travel lanes and a bike lane will help to reduce the impacts of the bus stop and improve the ability for the roadway to accommodate bus turns. The sidewalk improvements that would be included in the street widening would provide Americans with Disability Act (°ADA") compliant areas for pedestrians along the south side of Atlanta and accommodate ADA requirements for transit stops which are not met with the current interim treatment. ■ Bicycle Safety — As noted above, widening of the roadway will provide additional maneuvering area for vehicles, including buses and give bicyclists greater opportunity to avoid conflicts with motorists. Item 10. - 2 HB -238- Dept.ID CA 15-005 Page 3 of 4 Meeting Date:4120/2015 An appraisal was obtained to determine just compensation for the acquisition of the permanent street easement and temporary construction easement that will be required for the Atlanta Avenue Widening Project. The appraisal determined the fair market value of the property being acquired at its "highest and best use" and whether the acquisition resulted in any "severance damages" to the remaining portions of the property. Based upon the appraisal, a formal Offer of Purchase in compliance with Government Code Section 7267.2 was extended to the owners, or their representatives, on February 4, 2015, as previously authorized by the City Council. The offer was in the amount of the appraisal of$2,636,000. Necessity for Recommended Action: The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City. To keep the Project on schedule and to take advantage of available grant funding for the Project, certain steps need to be undertaken to obtain timely possession of the necessary right-of-way. These steps include passage of the proposed Resolution of Necessity, the filing of a condemnation complaint in Superior Court, the deposit of the amounts that has been offered with the State Treasurer's Office, and the obtaining of an order of immediate possession from the Court. While proceeding with these steps to obtain timely possession of the necessary right-of-way, City Staff will continue with their efforts to acquire the right-of-way by mutual agreement. Should these efforts prove unsuccessful; the issue of just compensation ultimately will be determined by a judge and/or jury, but the City and property owner may come to mutual agreement all the way up to a judicial/jury determination. The City Council may adopt the Resolution of Necessity authorizing condemnation if it determines that: A. The public's interest and necessity require the Atlanta Avenue Widening Project; B. The Project is planned in a manner that will be most compatible with the most public good and the least private injury; C. The property described in the Resolution at Exhibits 1 and 2 is necessary for the Atlanta Avenue Widening Project; D. The City made an offer to purchase the property to the owners in compliance with Government Code Section 7267.2(a). Before adopting the Resolution, the Council must hear from the owners of the property. The owners of the affected property have received written notice regarding the preparation of the Resolution of Necessity. These parties must have filed a written request to be heard by April 14, 2015, in order to speak at the April 20, 2015 City Council meeting. The owners may speak only to the four questions that Council must determine. The meeting is not the time to discuss compensation. Environmental Status: The City Council approved the Recirculated Negative Declaration No. 09-001 for the Project on February 19, 2013. The Planning Commission approved Coastal Development Permit No. 09-001 and Conditional Use Permit No. 09-019 for the Project on April 23, 2013. Strategic Plan Goal: Enhance and maintain infrastructure; Enhance and maintain public safety HB -239- Item 10. - 3 Dept.ID CA 15-005 Page 4 of 4 Meeting Date:4/20/2015 Attachment(s): 1. Resolution No. 2015-18, "A Resolution Of The City Council Of The City Of Huntington Beach Finding And Determining That The Public Interest And Necessity Require Condemnation Of A Permanent Street Easement And A Temporary Construction Easement In Certain Real Property Located At 80 Huntington Street, City Of Huntington Beach, Orange County Assessor's Parcel No. 024-291-16, For The Atlanta Avenue Widening Project,"with Exhibits 1-4 2. Conceptual Rendering of Atlanta Avenue Widening Project Item 10. - 4 HB -240- AM BEER= '41" HMENT # 1 IL-A I -lAto;o 1 '°� RESOLUTION NO. 2015-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTIN/GTON BEACH FINDING AND DETERMINING THAT THE PUBLIC INTERVST AND NECESSITY REQUIRE CONDEMNATION OF A PERMANENT STREET EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IVCERTAIN REAL PROPERTY LOCATED AT 80 HUNTINGTON STI EET, CITY OF HUNTINGTON BEACH, ORANGE COUNTY ASSESSOR'S PARCEL NO. 024-291-16, FOR THE ATLANTA AVENUE WIDENING7ROJECT WHEREAS, the project for purposes of this real propep�ty acquisition consists of widening and improving Atlanta Avenue between Huntingt©i1 and Delaware Streets in the City of Huntington Beach (the "Project"); and The Circulation Element of the General Plan o/ the City of Huntington Beach ("City") designates Atlanta Avenue as a four-lane primary a erial street with a center median and bike lanes in both directions. Pursuant to Resolution . o. 2005-5, the City Council found that the arterial highway portion of the City's Circulation Element conforms with the Master Plan of Arterial Highways of the County of Orange MPAH"), which also designates Atlanta Avenue as a primary arterial street. The City is r uired to have an adopted Circulation Element consistent with the MPAH and to purs , build-out of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and grants for the improvement of City arterial streets; and The segment of/anAtlanta, venue between Huntington Street and Delaware Street does not currently comply wary arterial designation in the City's Circulation Element and the MPAH. This segmanta Avenue requires widening to meet current and future traffic operation needs . Widening the street to a four-lane divided street will address traffic capacity deficiencies, and more safely and efficiently accommodate bicyclists, pedestrians and transit access in the area. This segment currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks. The widening of this last remaining section will result in a total public right-of-way of 89.75 to 105 feet, with four through lanes, including median, bicycle lanes;,and curbs, gutters and sidewalks. The street will conform and align with the existing, fully improved public roadway to the immediate east and west of the segment and significantly improve overall traffic operations, traffic and pedestrian safety, and transit 1 118349.doc operations between First Street and Beach Boulevard. The recommended'desig'n provides only the minimum required facilities to meet the needs of all forms of transportation in the area, thus .minimizing private property acquisition and impacts; and Pursuant to Resolution No. 2005-6, the City Council author/rants; f to apply to the Orange County Transportation Authority ("OCTA") for fundinarterial street improvements, including the Project. Subsequently in June 2005, ed transportation grant funding to the City for the Project; and The City also has been awarded and is applying for additionThe State of California Department of Transportation ("Calnisters Federal grant funding for right-of-way acquisitions. CalTrans will not au orize the City to advertise for or award construction contracts for federally financed proje is until the City certifies that it has possession of the Property; and The approvals granted for the Project, including bu` not limited to the Recirculated Negative Declaration No. 09-001, which the City Councisl approved on February 19, 2013, the Coastal Development Permit No. 09-001 and CondiZril al Use Permit No. 09-019, both of on which the City Planning Commission approved 23, 2013, and all other Project amendments are incorporated by this reference an/made a part of this Resolution; and The Project will serve the public interes y improving public safety and decreasing traffic congestion. Recently, Pacific City (located west of the Park) as a condition of its development widened Atlanta Avenue betw1en First and Huntington Streets. This has resulted in the section of Atlanta between Delawai/and Huntington as the lone remaining"choke point" on Atlanta between Beach Boulevard and First Street; and The "choke point" in the secti n of Atlanta between Delaware and Huntington has resulted in street alignments that rewire additional motorist decisions. Narrowing roadways have a greater potential for merg i g accidents and motorists inadvertently driving vehicles off of the street. The Project will help to minimize accident potential and provide improved traffic f safety; and The Project also will accommodate local transit services. Current transit activity turning from Huntington Sheet and stopping on Atlanta Avenue is constrained due to the width of the roadway, the tight corner and the presence of cyclists on Atlanta. Widening the roadway I to provide two eastbound Travel lanes and a bike lane will help to reduce the impacts of the bus 2 118349.doc Resolution NO . 2015-18 stop and improve the ability for the roadway to accommodate bus turns. The sidewalk improvements that would be included in the Project will provide Americans wi Disability Act ("ADA") compliant areas for pedestrians along the south side of Atlanta and ccommodate ADA requirements for transit stops which are not met with the current interim treatment; and The Project also will improve bicycle safety. Widening the roadway will provide additional maneuvering area for vehicles, including buses and give bicyclists greater opportunity to avoid conflicts with motorists; and ,, By constructing the ultimate width necessary for an additional through lane and bike lane in each direction of travel, the Project will, among other things, eliminate the existing "choke point" at the intersection of Atlanta Avenue and Huntington Street, provide additional traffic capacity, and bring this last remaining segment of Atlanta Avenue into conformance with both the City's Circulation Element and the MPAH; and In order to construct the Project, the City mustacquire a portion of the mobile home park located at 80 Huntington Street in the City o untington Beach and identified as Orange County Assessor's Parcel No. 024-291-16 (the Fark"). The Park is adjacent to the south side of Atlanta Avenue between Huntington and Delaware Streets, immediately abutting the Project. This partial land acquisition will require r onstruction of a portion of the Park's internal circulation road and directly impact eight�inobile homes (Space Nos. 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along its Atlanta Avenue frontage; and The real property interests required for the Project include a Permanent Street Easement, legally described and depicted in the attached Exhibit 1, and a Temporary Construction Easement("TCE") legally described and depicted in the attached Exhibit 2. Both the Permanent Street Easement and the TCE will be collectively referred to as the "Property;" and The Permanent"Street Easement encompasses approximately 14,950 square feet and will run the entire length of the Park along Atlanta Avenue; and The TCE area encompasses 31,501 square feet and lies south of the Permanent Street Easement. The term of the TCE begins when the City takes legal possession of the TCE and ends after two (2) years or when the City files a Notice of Completion of the Project, whichever occurs first. Notwithstanding the two year maximum period of the TCE, the City's actual 3 . 118349.doc Resolution No . 2015-18 physical use and occupancy of the TCE shall be limited to a period of one (1) yr. During the one year period of the City's physical use and occupancy of the TCE, the Cit/shall maintain or provide to the entirety of the Park reasonable vehicular and pedestrian ace `ss comparable to the Park's existing or pre-construction condition. However, certain construction activities including, but not limited to asphalt paving, and curb and gutter construction many temporarily suspend the City-provided access to the mobile homes located on Space Nos. 13, 202, 402 and 403 of the Park. All construction activities that may temporarily prevent pedestrian or vehicular access to i the mobile homes located on Space Nos. 103, 202, 402 and 408 shall be limited to the hours of 8:00 a.m. to 5:00 p.m., local time, and such access shall be limited for no more than ten (10) working days. Except during the City's one year period of physical use and occupancy of the TCE, the City shall not interfere in any way with access throughout the TCE area; and Aerial depictions of the Permanent Street Easement and the TCE are attached at Exhibits 3 and 4, respectively. Exhibits 3 and 4 are provided for illustrative purposes only. The legal descriptions and plat maps at Exhibitsi,4 and 2 shall be controlling for all purposes; and The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City; a�ird The Property to be acquired"rnay be subject to easements and rights of way appropriated to existing public use(s). The legal descriptions of those easements and rights of way are on file with the City and describe/he general location and extent of the easements and rights of way with sufficient detail f reasonable identification. The herein described use or uses will not unreasonably interfere,� ith or impair the continuance of the public use as it now exists or f� may reasonably be expected to exist in the future. The City is authorized to acquire the F Property subject to such existing public use(s)pursuant to section 1240.510 of the California Code of Civil Procedure; and Pursuant toPovernment Code Section 7267.2, on February 4, 2015, the City presented to the owner(s) of<record of the Property a written offer to purchase the Property for the r` Project; and 4 118349.doc t" Resolution No . 2015-18 In accordance with Section 1245.235 of the California Code of Civil Procedure, on March 30, 2015, the City Clerk mailed to the address of all persons whose na es appear on the last equalized county assessment roll as having an interest in the Propert a letter, entitled "Notice of Intent of the City Council to Adopt a Resolution of Necessity or Acquisition by Eminent Domain of Portions of Property located at 80 Huntington Str et, Huntington Beach, California, Assessor's Parcel No. 024-291-16" ("Notice of Intent") The Notice of Intent notified the owners of the Property that on April 20, 2015, at 6:00 p.m. at 2000 Main Street, Huntington Beach, California, the City Council would consider whether to adopt a Resolution of Necessity authorizing condemnation of the Property, and`that each owner would be given a reasonable opportunity to appear and be heard by the City Council on the matters referred to at Sections 1240.030 and 1245.230 of the California Code of Civil Procedure; and On April 20, 2015, the City Council considered the matters specified in California Code a of Civil Procedure Sections 1240.030 and 1245.2,30, including the following: (a) whether the public interest and necessity require the Project; (b) whether the Project is planned or located in the manner that will be most compatible widthe greatest public good and the least private injury; (c) whether the Property is necessary for the Project; and(d) whether the City made an offer to the owner(s) of record of the Property to purchase the Property (unless the owner could not be located with reasonable diligence), as required by Government Code Section 7267.2; and The City may adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure. NOW, THEREFOR, by a vote of two-thirds or more of its Council Members, the City of Huntington Beach does hereby find, determine, resolve and order as follows: Section 1. incorporation of Findings and Recitals. The above findings and recitals are true and c orrect and are incorporated in full by this reference. Section 2. Compliance with California Code of Civil Procedure. The City has complied with Section 1245.235 of the California Code of Civil Procedure regarding notice and opportunity o be heard. Sectioni3. Public Use. The Property is to be acquired for the public use of f construction©'f the Project, a public street improvement, as more fully described above. 7 118349.doc Resolution No . 2015=18 Section 4. Authority to Condemn. The City Council is authorized under - Government Code Sections 37350.5 and 40404 to utilize the power of eminent d iain to acquire real property for the purpose of installing, constructing and widening p blic streets, and for related public purposes which are a governmental function of the City. Section 5. Necessity. The City Council finds that: (a) The public interest and necessity require the Project to improve public safety, decrease traffic congestion, and help complete the ne�'orks of arterial streets y throughout the City of Huntington Beach and the County 6f Orange. (b) The Project is planned and located in th manner that will be most rl compatible with the greatest public good and the leastprivate injury. (c) The Property described in this Re6lution and Exhibits 1 and 2 is necessary for the Project. Section 6. Description of Property Inte . The property interests to be acquired are more particularly described and depicted in E hibits 1 and 2. Section 7. California Enviromnental Quality Act and City Planning and Zoning Code. The City Council finds as follows (a) On February 19, A013 the City Council adopted Recirculated Mitigated Negative Declaration No. 09 01 which was prepared in compliance with Article 6 of the California Environmet al Quality Act ("CEQA") Guidelines. The City Council found there is no subst tial evidence that the Project, as mitigated through the mitigation measures,/would have a significant effect on the environment. (b) On/April 23, 2013 the City Planning Commission approved Coastal Development Pmit No. 2009-001. The Planning Commission found the Project / would bring the segment of Atlanta Avenue between Huntington Street and Delaware Street into/compliance with the primary arterial designation specified in the City's General�Plan Circulation Element, the City's certified Local Coastal Program, and the MPAH. The Planning Commission also found the Project consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. The Planning Commission found the Project conforms to the public access and public recreation policies of Chapter 3 of the.-California Coastal Act and will not impact 6 118349.doc E i , Resolution No . 2015-18 existing public access or recreation opportunities in the coastal zone. (c) On April 23, 2013 the Planning Commission approved Condit' nal Use Permit No. 09-019 ("CUP") to permit as part of the Project construction of n eight-foot tall block wall in lieu of the maximum allowable 42-inches within the 1 Q-foot front yard setback along the Atlanta Avenue frontage of the Park. The Planning/Commission found the wall would improve public safety and ensure continued p vacy of the Park. The Planning Commission found that granting the CUP would not adversely affect the General Plan and would comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Additionally, the Planning Commission found the CUP would further the circulation, coastal, and urban design elements of t1 e General Plan. Section 8. Appraisal. The Property was apyraised in confonnance with Sections 7267.1 and 7267.2 of the California Government o e. The City established just compensation for the Property based on the appraisal. The Cit Ythen presented an offer to purchase the Property to the owner(s) of record of the Property, along with a written summary statement showing the appraised value of the Prope m the amount of the offer. Section 9. Findings. The C' Council hereby finds, determines and declares each Y Y of the following: (a) The public interest and necessity require the Project; (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property sought for acquisition, as described and depicted in Exhibits 1 and , is necessary for the Project; (d) The City has made an offer to purchase the Property to the owners of record of the Property, as required by Section 7267.2 of the California Government Code; a/d //(e) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property described at Exhibits 1 and 2. i 7 1 18349.doc Section 10. Other Public Uses. The Property to be acquired may be subjJn easements and rights of way appropriated to existing public use. These uses either unreasonably interfere with or impair the continuance of the public use as it now e ! reasonably be expected to exist in the future, as provided for under Section 1240.5 i California Code of Civil Procedure, or will be a more necessary public use(s) than which the property is appropriated, as provided for under Section 1240.610 of the ode of Civil Procedure. —-- t-0 6n 11. Further Activities. e City Attorney is authorized and empowered to acquire the Property in the name of and on behalf of the City by e ' ent domain, and is authorized to institute and prosecute such legal proceedings as ay be required. The City Attorney is further authorized to take such steps as may bee'authorized and required by law, and to make security deposits as may be required by order of court, to permit the City to take possession of and use of the Property at the earliest�possible time. Section 12. De osit. The City Treasurer is hereby authorized and directed to draw its warrant account in the amount of Two Million Six Hundred Thirty-Six Thousand Dollars ($2,636,000.00), the warrant to be mad ayable to the State Treasurer, and delivered to the City Attorney,to be deposited with , e payee as security for the Order for Prejudgment Possession Before Judgment. PASSED AND AD TED by the City Council of the City of Huntington Beach at a regular meeting thereof eld on the day of 2015. g g z Y Mayor f REVIEWED AND APPROVED: APPROVED AS TO FORM: f i City Manager City Attorney INITIATED AND APPROVED: Director of Public Works 8 II8349.doc LEGAL DESCRIPTION OF PERMANENT STREET EASEMENT (8 pages) EXHIBIT 1 RID -249- Item 10. - 13 PERMANENT STREET EASEMENT The property burdened by this Permanent Street Easement is a portion of the property commonly known as Pacific Mobile Home Park (the "Park") which is located at 80 Huntington Street, Huntington Beach, State of California. The Park is legally described on the attached Exhibit "A" and depicted on the plat map attached as Exhibit `B." The Permanent Street Easement is that portion of the Park legally described in the attached Exhibit "C" and depicted on the plat map attached as Exhibit"D." 118605.docx Item 10. - 14 HB -250- Exhibit A SH EET 1 OF 3 [THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (1) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN THIS GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 660.02 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 14, A DISTANCE OF 1319.95 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF (1/2); THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH HALF (1/2), 660.02 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF (1/2); THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF (1/2), 1319.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 27 APRIL, 1989 AS INSTRUMENT NUMBER 89-221830 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING- AT THE INTERSECTION OF THE SOUTH LINE, OF SAID NORTH HALF (1/2) WITH THE CENTERLINE OF HUNTINGTON STREET, (60.00 FEET WIDE), AS SHOWN ON RECORD OF SURVEY NUMBER 81-1151 FILED IN RECORD OF SURVEY BOOK 103, PAGES 28 AND 29, IN RECORDS OF SAID COUNTY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS xB -251- Item 10. - 15 Exhibit A (CONTNUED ) SHEET 2 OF 3 THENCE NORTH 00'42'59" WEST, 167.07 FEET ALONG SAID CENTERLINE; THENCE THE FOLLOWING COURSES: SOUTH 59'21'49" EAST, 72.43 FEET TO THE BEGINNING OF AN 8.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00"; SOUTH 59'21'49" EAST, 35.77 FEET TO THE BEGINNING OF 2452.00 FOOT RADIUS .CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 4.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'06'19" TO THE BEGINNING OF AN 8.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 63.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'48" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 2452.00 FOOT RADIUS COMPOUND CURVE THAT 1S CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 64.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0130'34" TO THE BEGINNING OF AN 8.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 —16 ®�J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 10. - 16 HB -252- Exhibit A (CONTINUED ) SHEET 3 OF 3 SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 17.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'24'22" TO THE SOUTH LINE OF SAID NORTH HALF (1/2); SOUTH 89'43'07" WEST, 263.18 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 847,526 SQUARE FEET (19.46 ACRES), MORE OR LESS SUBJECT TO ALL EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. ASSESSORS PARCEL NUMBER 024-291-16 SAND C D(P. 12-31-15 ,p� LS. 734D �e JOSEPH G. DERLETH P.L.S. 7340, EXPIRES 12/31/15 9�F OF" CALIF°R� Legal Description PACIFIC MOBILE HOME PARK APN 024-291 —1 6 FOB CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1B -253- Item 10. - 17 NE COR, W 1/2, NW 1/4, NE E X h I L t B 1/4, FRAC SEC 14, T.6S., R.11 W., S.B-M., POINT OF BEGINNING SHEET 1 OF 1 N'LY LINE, FRAC SEC 14, T.6S., R.11w., S.B.M. 30 gATLANTA AVE f <N89'43'00" 660.02'> (660.02') JJ L S'LY LINE OF�ATLANTA NE COR OF AVENUE (60' WIDE) PER FRAC SEC 14, 103/313 DEEDS it I T.6S., R.11 W., I Q, S.B.M. I 1� 20.00' --1 30' W'LY UNE Cn = I TRACT 9580, 60,00' �^ 444/29-31 M.M. L in I N I is J J ro w i,_+ I U) �_ EAST LINE OF HUNTINGTON STREET (60' WIDE), PER CITY < V U Q RESOLUTION 1125, RECORDED I° W W F' n Ic:-' IN 2045/53 O.R. I I :r m m z o O w s LJj c3' Co �--{ �, GROSS AREA 19.46 ACRES o p i NET AREA 18.22 ACRES w }- _ �I Y` NOTE: NET AREA EQUALS I p z � I GROSS AREA LESS EXISTING t g I I ~ I DEDICATED ROADWAY RIGHT OF N w e WAYS. v ' 1 inch 200 ft. I m -660,00' I �ANp z vi t--30' CD�o G. D 's" r o 0 1 CiJ ._._.. EXP. 12-31-15 S'LY LINE, N 1/2, NE 1/41 I s e FRAC SEC 14, T.6S., R.11W. I �y� L.S. 7340 PER TRACT 13045, BOOK 628 F OF CAl AGES 46 AND 47 OF M.M. 20.00' �-- 396.83' l LEGEND: <N89'42'47" 660.02'> (660.02') < > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R.S.B. ( ) = RECORD PER INSTR NO. 2013000368964 O.R. P LAT PACIFIC MOBILE HOME PARK APN 024-291 -16 ®�J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 10. - 18 HB -254- i Exhibit C SHEET 1 OF 2 THAT PORTION OF THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (III) SIZABLE PROPERTIES, LLC, TO (1) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED AS BEING A PORTION OF THE EAST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER, OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 14, NORTH 89`43'00" EAST, 660.02 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 660.00 FEET EASTERLY OF THE EASTERLY LINE OF THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1 /4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE SOUTHERLY, ALONG SAID PARALLEL LINE, SOUTH 00'43'19" EAST, 30.00 FEET, TO A POINT ON THE SOUTH LINE OF ATLANTA AVENUE (60.00 FEET WIDE) AS DEDICATED TO THE COUNTY OF ORANGE, IN THE DOCUMENT RECORDED 5 MAY, 1904, IN BOOK 103, PAGE 313 OF DEEDS, IN RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY CONTINUING ALONG SAID PARALLEL LINE SOUTH 00'43'19" EAST, 20.05 FEET; THENCE SOUTH 89'06'11" WEST, 461.93 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL WITH AND 55.00' SOUTHERLY OF THE NORTH LINE OF SAID SECTION 14. THENCE WESTERLY ALONG LAST SAID PARALLEL LINE SOUTH 89'43'00" WEST, 142.87 FEET; Legal Description CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION Or APN 024-29 T —T 6 ®� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -255- Item 10. - 19 Exhibit C (CONTINUED) SHEET 2 OF 2 THENCE SOUTHWESTERLY LEAVING LAST SAID PARALLEL LINE SOUTH 42'18'42" WEST, 36.94 FEET TO A POINT ALONG THE EAST LINE OF HUNTINGTON STREET (60 FEET WIDE) AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950 IN BOOK 2045, PAGE 53 OF OFFICIAL RECORDS, SAID EAST LINE BEING PARALLEL TO AND 30.00 FEET EASTERLY OF THE EAST LINE OF, THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE NORTHERLY ALONG SAID EAST LINE OF HUNTINGTON STREET, NORTH 00'43'19" WEST, 52.19 FEET, TO THE SOUTH LINE OF ATLANTA AVENUE (60 FEET WIDE), AS DEDICATED TO THE COUNTY OF ORANGE, IN THE DOCUMENT RECORDED 5 MAY, 1904, IN BOOK 103, PAGE 313 OF DEEDS, IN RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 89'43'00" EAST, 630.02 FEET TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION. CONTAINING 14,950 SQUARE FEET (0.34 ACRES) MORE OR LESS. EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD, NANO JOSEPH G. DERLETH - s � EXP. 12-31-15 � P.L.S. 7340, EXPIRES 12/31/15 �'Xq LS. 7340 Legal Description CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024-291 —16 FOB CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 10. - 20 HB -256- 0 NE COR, W 1/2, NW 1/4, NE COR OF FRAC � NE 1/4, FRAC SEC 14, T.6S., N'LY LINE, FRAC SEC 14, T.6S., R.11 W., S.B.M. SEC 14, T.6S_, R.11W., S.B.M., POINT OF �ATLANTA AVE R.11W., S.B.M. O COMMENCEMENT 20' -rl <N89'43'00"E 700.11'> _ — <N89'43'00"E, 660,02'> (660.02' TRUE � 30' OINT OF BEGINNING Z N89'43'00"E, 630,02' 30' L1 C� O � �-� z L5 5 25 2 1 V) O -< m Q -I L3 S89'06'11"W, 461.93' 0' C I � Z O z L4 N S'LY LINE OF ATLANTA AVE (60' WIDE), r< I^I z `� o PER BOOK 103, PAGE 313 OF DEEDS, IN I ��'p '� = O W C w 301 ORANGE COUNTY RECORDS. 10 z C A 'C 60.00' rR I I]? o Z Ap (7 ►� LINE TABLE: `� 00 0 —1 Z _ � Gz� =, i L1=S00°43'19"E, 30.00' 1 y m = I L2=S00'43'19"E, 20.05' © w , .. .. ... ... ... ,., ::.; 1 rn = W N --1 co I :f 1 inch - 100 ft. L3=S89'43'00"W, 142.87' n ( = PERMANENT STREET AND ' : I W I IQ Z - L i of L5=N00'43'19"W, 52.19' PUBLIC UTILITY EASEMENT A .� O m � ^ ; I gays j o FA sp AREA=14,950 SQ FT 1 o C7 W ;;I y o (0,34 ACRES) 1 0 mD (� co I p I 20 D n C J T z E'LY LINE INSTRUMENT 201300368964 O.R. n rn 'o g W ESTABLISHED AS PARALLEL WITH AND 660.00 c E'LY OF E'LY LINE, W 1/2, NW 1/4, NE 1/4, U) I I I 1 y�q a o�� FR AC SEC 14, T.6S., R.11 W., S.B.M. N I = hI p ttt V ;,.,.... 19 rn X D E'LY LINE W 1/2, NW 1/4, NE 1/4, FRAC SEC 14, T.6S., v ;] I R.11 W., S.B.M., TRACT 9580, PER 444/29-31 M.M. y I EAST LINE OF HUNTINGTON STREET (60' WIDE), PER r Q r t CITY RESOLUTION 1125, RECORDED IN BOOK 2045, io -Tl PAGE 53 OF OFFICIAL RECORDS. I C- 60.00` �® H3C LEGEND:< > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R.S.B. ( ) = RECORD PER INSTR NO. 2013000368964 O.R. 0d CD e N LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT (10 pages) EXHIBIT 2 Item 10. - 22 tis -258- TEMPORARY CONSTRUCTION EASEMENT The property burdened by this Temporary Construction Easement("TCE") is a portion of the property commonly known as Pacific Mobile Home Park(the "Park")which is located at 80 Huntington Street,Huntington Beach, State of California. The Park is legally described in the attached Exhibit"A" and depicted on the plat map attached as Exhibit`B." The TCE is that portion of the Park legally described in the attached Exhibit"C" and depicted on the plat map attached as Exhibit"D," Sheet 1 of 2. 1. Purpose. This TCE permits the City of Huntington Beach("City") and its authorized representatives, including but not limited to contractors, agents,and assigns, the right to engage in temporary construction activities in furtherance of the Atlanta Avenue Widening Project(the"Project"). 2. Term. The term of the TCE is for two (2) years, beginning no sooner than the date the City takes legal possession of the TCE. In no event shall the term of the TCE extend beyond the date the City files a Notice of Completion of the Project. Notwithstanding the two year maximum period of the TCE,the actual physical use and occupancy of the TCE shall be limited to a period of one (1) year. The City shall give 80 Huntington I, LLC, a California limited liability company and 80 Huntington H, LLC, a California limited liability company(collectively, "Owner") of the underlying fee interests in the TCE at least seventy-two (72)hours advance written notice before the City begins actual physical use and occupancy of the TCE. 3. Description of Work. During the one year period of actual physical use and occupancy of the TCE,the City's scope of work within the TCE shall generally include: demolition and removal of the eight(8) mobile homes and all associated improvements located on Space Nos. 101, 102, 201, 301, 302,401, 501, and 502 of the Park;removal and reconstruction of a portion of the circulation road within the Park; construction of the new, City-owned retaining/block wall on the south side of Atlanta Avenue;removal and replacement of two(2)chain link access gates along the Park's Atlanta Avenue frontage; relocation or abandonment of utilities within the Park; and all other required improvements as necessary to construct the Project. The mobile home space numbers listed in this TCE are consistent with those depicted on Exhibit"D," Sheet 2 of 2. To mitigate for construction noise and other potential environmental impacts to the mobile homes located adjacent to the TCE, various measures shall be employed as specified in Recirculated Mitigated Negative Declaration No. 09-001 (the"MND"), which is on file with the City Clerk of the City of Huntington Beach. During the one(1) year period of actual physical use and occupancy of the TCE, the City will install temporary acoustic barriers between the eight(8)mobile homes to be demolished and removed, and the row of existing mobile homes to remain closest to Atlanta Avenue in compliance with the MND. After removal of the eight(8)mobile homes and the completion of certain required improvements, the acoustic barriers may be relocated within the TCE area to further facilitate Project construction and/or access within the Park. 1 of 2 118609.docx HB -259- Item 10. - 23 Although reasonable vehicular and pedestrian access comparable to the existing or pre-construction condition shall be maintained or provided by the City to the entirety of the Park during the one year period of actual physical use and occupancy of the TCE, certain construction activities including,but not limited to, asphalt paving, and curb and gutter construction may temporarily suspend the City-provided access to the mobile homes located on Space Nos. 103,202, 402 and 403 of the Park. Additionally, access to the existing paved parking space located immediately north of the mobile home on Space No. 202 shall be permanently eliminated upon reconstruction of the circulation road within the Park. The City shall notify the Owner and the directly affected mobile home space tenants in the Park in writing of such construction activities at least three (3)calendar days prior to the start of the activity. All construction activities that temporarily prevent pedestrian or vehicular access to the mobile homes located on Space Nos. 103, 202, 402 and 403 shall be limited to the hours of 8:00 a.m. to 5:00 p.m., local time, and such access shall be limited for no more than ten (10) working days 4. Owner's Permitted Uses. Owner of the underlying fee interest may use the TCE area in any manner which does not interfere with the City's proposed use of the TCE. The City shall access the TCE area exclusively from the two existing access gates located along the Park's Atlanta Avenue frontage, and shall not utilize the Park's existing entrance on Huntington Street. i 2of2 i�ft�n9.docx Item 10. - 24 HB -260- Exhibit A SHEET 1 OF 3 THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STAT E OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (i) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN THIS GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID SECTION 14; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 660.02 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF THE WEST HALF (1/2) OF THE NORTHWEST. QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 14, A DISTANCE OF 1319.95 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF (1/2); THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH HALF (1/2), 660.02 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF (1/2); THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF (1/2), 1319.95 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 27 APRIL, 1989 AS INSTRUMENT NUMBER 89-221830 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE, OF SAID NORTH HALF (1/2) WITH THE CENTERLINE OF HUNTINGTON STREET, (60.00 FEET. WIDE), AS SHOWN ON RECORD OF SURVEY NUMBER 81-1151 FILED IN RECORD OF SURVEY BOOK 103, PAGES 28 AND 29, IN RECORDS OF SAID COUNTY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 — 16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS xB -261- Item 10. - 25 Exhibit A ( CONTINUED) SHEET 2 OF 3 THENCE NORTH 00'42'59" WEST, 167.07 FEET ALONG SAID CENTERLINE; THENCE THE FOLLOWING COURSES: SOUTH 59'21'49" EAST, 72.43 FEET TO THE BEGINNING OF AN 8.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00"; SOUTH 59'21'49" EAST, 35.77 FEET TO THE BEGINNING OF 2452,00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 4.51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'06'19" TO THE BEGINNING OF AN 8.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 63.14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'48" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8,36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY; EASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 2452.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 64.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0130'34" TO THE BEGINNING OF AN 8.00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 �� CITY OF HUNTINGTON BEACH e DEPARTMENT OF PUBLIC WORKS Item 10. - 26 IHB -262- Exhibit A (CONTINUED ) SHEET 3 OF 3 SOUTHEASTERLY 8.40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY; SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY; SOUTHEASTERLY 17.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'24'22" TO THE SOUTH LINE OF SAID NORTH HALF (1/2); SOUTH 89'43'07" WEST, 263.18 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 847,526 SQUARE FEET (19.46 ACRES), MORE OR LESS SUBJECT TO ALL EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. ASSESSORS PARCEL NUMBER 024-291-16 SAND ?hF G. p SL,p ` L J EV. 12-31-15 tp JOSEPH G. DERLETH �9T� L.S. 734 P.L.S. 7340, EXPIRES 12/31/15 OF, cA�� Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -263- Item 10. - 27 NE COR, W 1/2, NW 1/4, NE Exhibit B 1/4, FRAC SEC 14, T.6S., R.11 W., cS.B.M., POINT OF BEGINNING SHEET 1 OF 1 N'LY LINE, FRAC SEC 14, T.6S., R.11W., S.B.M. ' CLATLANTA AVE l/ <N89'43'00" 660.02'> (660.02')30 -[ S'LY LINE OF ATLANTA 0' NE COR OF AVENUE (60' WIDE) PER FRAC SEC 14, 103/313 DEEDS (�I T.6S., R.11 W., I Q, S.B.M. I (T 20.00' vi --a 30' W'LY LINE _ I TRACT 9580, 60.00 {n 444/29-31 M.M. o Lij -:s: m I m E-- IN I W [� EAST LINE OF HUNTINGTON Q N Z �? STREET (60' WIDE), PER CITY Q U U Q =:r RESOLUTION 1125, RECORDED 1°1 F- n J<A IN 2045/53 O.R. m m z o Lb w coN GROSS AREA 19.46 ACRES p I :r `�' z rn n— NET AREA 18.22 ACRES ` w f- K" NOTE: NET AREA EQUALS Q GROSS AREA LESS EXISTING t I O z t DEDICATED ROADWAY RIGHT OF N w oo WAYS. v 1 inch 200 ft I m 60.00'' I z u' r30 ' ��o G. J t ;`_ :,: .:' EXP. 12-31-15 � I W ::..c•... .:.f ... * �c S'LY LINE, N 1/2, NE 1/4, FRAC SEC 14, T.6S., R.11 W. 'y LS. 734 PER TRACT 13045, BOOK 628 TF OF CA1-1F I AGES 46 AND 47 OF M.M. 20.00' I-- 396.83' LEGEND: <N89°42'47" 660.02'> (660,02') < > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R.S.B. ( ) = RECORD PER INSTR NO, 2013000368964 O.R. P LAT PACIFIC MOBILE HOME PARK APN 024-291 — 1 6 F- J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 10. - 28 xB -264- Exhi&'� C SHEET 1 OF 2 THAT PORTION OF THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (i) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN SAID GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER, OF THE WEST HALF (1/2) OF THE NORTHWFST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 14, NORTH 89'43'00" EAST, 660.02 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 660.00 FEET EASTERLY OF THE EASTERLY LINE OF THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE SOUTHERLY, ALONG SAID PARALLEL LINE, SOUTH 00'43'19" EAST, 50.05 FEET, TO THE TRUE POINT OF BEGINNING THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL, SOUTH 00'43'19" EAST, 99.95 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL WITH AND 150.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID FRACTIONAL SECTION 14; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE SOUTH 89'43'00" WEST, 630.02 FEET TO A POINT ALONG THE EAST LINE OF HUNTINGTON STREET (60 FEET WIDE) AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950 IN BOOK 2045, PAGE 53 OF OFFICIAL RECORDS, SAID EAST LINE BEING PARALLEL TO AND 30.00 FEET EASTERLY OF THE EAST LINE OF, THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE NORTHERLY ALONG SAID EAST LINE OF HUNTINGTON STREET, NORTH 00°43'19" WEST, 67.81 FEET; Legal Description CITY _OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291-16 J CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -265- Item 10. - 29 Exhibit C SHEET 2 OF 2 THENCE NORTHEASTERLY LEAVING SAID EAST LINE, NORTH 42-18'42" EAST, 36.94 FEET TO THE WESTERLY TERMINUS OF A LINE PARALLEL TO AND 55.00' SOUTHERLY OF THE NORTHERLY LINE OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG SAID PARALLEL LINE NORTH 89`43'00" EAST, 142.87 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 89'06'11"EAST, 461.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM THE FULL LEASE AREAS ASSIGNED TO THE FOLLOWING MOBILE HOME PAD SPACES LOCATED WITHIN PACIFIC MOBILE HOME PARK, 80 HUNTINGTON STREET, HUNTINGTON BEACH, CA (AS DEPICTED ON EXHIBIT "D"): SPACE NUMBERS 103, 104, 105, 203, 204, 205, 303, 304, 305, 306, 404, 405, 503, 504, 505, 506; AND ALSO EXCEPTING THEREFROM THE APPARENT PARTIAL LEASE AREAS ASSIGNED TO THE FOLLOWING MOBILE HOME PAD SPACES LOCATED WITHIN* SAID MOBILE HOME PARK (AS DEPICTED ON EXHIBIT "D"): SPACE NUMBERS 202, 402, 403; AND ALSO EXCEPTING THEREFROM A PORTION OF THE RECREATIONAL VEHICLE STORAGE AREA LOCATED WITHIN SAID MOBILE HOME PARK (AS DEPICTED ON EXHIBIT "D"); WITH THE AFOREMENTIONED LEASE AREAS HAVING BEEN DETERMINED BY APPARENT LINES OF OCCUPATION. CONTAINING A GROSS AREA OF 60,652 SQUARE FEET (1.39 ACRES) AND A NET AREA OF 31,501 SQUARE FEET (0.72 ACRES) MORE OR LESS AFTER HEREINABOVE DESCRIBED EXCEPTIONS ARE REMOVED THEREFROM. EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. UAND G. o so EXP. 12-31-15 * JOSEPH G. DERLETH 9 L.S. 7340 P.L.S. 7340, EXPIRES 12/31/15 rF of CA0F°� Legal Description LCITYHUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291 -16 FOB CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 10. - 30 HB -266- 1 ,-CONSTR q. BEACH BLVD X } Nt C � — SHEET 1 �E 2 SURVEY i BEACH BLVD <N00'43'19"W, 1320.07'> (1319.95 ) (LDELAWARE ST _ F +�ANb Lei w w z lj Lil O p — o (1 tit U O qr L.S. 7340 �� f OI i n / i J ao o a ti r t! I] r�7 .- O � ; cy �' G r ' rjLaN 1 T I w LLJLu LL L Nam' =i + , c�1 s ¢ e� LLB to w a a LcJ G] r= EiJ 1 `', it7 10 r 4 0 � d= �+n �'` � � eL j+ a cp r a LsJ (A W U 0 - I it cr kil Ld it J cn 0 C 0 In LdQ ' � z ar °' sN3 Lr7 J< Z O 0 -Z ?- Ll a 00 N 0) `...r (N Z) � J V rr7 w (ryLr) � = � c� X J J J J J J Lv S w p 0 u O++ J '.J IrLJ U LtJ I J fr L�l}! d f , aa� II mac' ui �, it z La Lj ;4 L.L �0 1153.04' L) �cri t CNOO'43'19"W,132Q.11'> (131 9.95" w uj o L HUNTINGT©N ST (SOUTH) z z �--0- PLAT CITY OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024--291 ---16 CITY OF H UNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS )CAB -267- Item 10. - 31 F ,-CONSTR q. BEACH BLVD Exhibit D t SURVEY BEACH BLV© SHEET 2 OF 2 - - j CD DELAWARE ST I 43D 440 Wx ' aas Ito gia 31$ t 4M 4 F1FFT§ at l o 421 taa r-� 421 St11 �,f33 5� f�7 &� b11 b13 �i3 6fy i�te - i�t , Lu 1OUi17 8� Qk Sttf 403 41Z\,,07 449 . 411 413 1h 417 \.41�O '62f z5D2 304- ux- • 3M MiD. 312 31.4 Q _ ' Cj 3Q} 3e3b5 3W7 3Q�1 311 3;3 315 .317 k 2 244 206 M tie 212 214 21f 21s 2133- ;'2C15` '207` ,ZO t 2fa' 2Z ZI . 219 221_ o iII2 t04 -143 11E '"1 112 1144 ria Ila r-� k ifC('` ice' 1t�5' 107 / 1-w ri1 ii tl� 1i7 >i$ i31 t2'. t81 0 0 w HUNTINGTON ST (SOUTH) P LAT Pacific Mobile Home Park Partial Site Plan PORTION OF APN 024-291 -1 6 Fe, .CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 10. - 32 xB -268- AERIAL DEPICTIOlOT OF PERMANENT STREET EASEMENT EXHIBI'T 3 HB -269- Item 10. - 33 �r � fr x Alr dAq as ° x"� s .:�ik y�gl ♦ ram. {4 -.'fly ,. F' f_1i'� -»A .. + SLnrl xc}a✓ Y b z ; r + Yi„ SIC Y 4 xr 1 r :�� F� k• "z. sr w hs . Y' a �is Y y3�cr�l�' 1iJ � ' '� �•�. ° r •-'F —� t a reYw�i aq '+.'(#,, UJ Pt71 71 l , ' ,.IP�' �.5:: � iY \-,.�.ss� a�3 �-.n.,�'^' xI t � 1q{M1 .++i.�S 1i °°'�,'p .'°°� ..k�`�'n_'•.'4 AERIAL DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT [:--EXXHIBIT 4 RB -271- Item 10. - 35 ......t�. "�."-�' �i T�'"� �"�_ � �e �' � tyr' •@ 'k C -Y :" rl�e yam.. lk LA �� I �` `� A t ■� R; MR 4' n�• a �' fir. iMa, .. Ire ty am ',Agm' 4 X'�' ilSf'F• ✓ � L g� �{T �4' f F t , � l k� �Orr1NS°S t t a _ � 77a14 �& } 1 L7 f E {, f 4 r r 1 7� e' o Yr.• F NX 7F��d �y a00 -- ATIALO H M E N T 2 ix FLU LL A 4 �: pt fr �I 99 j f, �pyf LU Li x LLJ 'i 4-CL F. p LL, C j' l � a 1 a a w La ON, tu LW �. � F- a�17 � HB -273 Item 10. - 37 City ® f Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 s www.huntingtonbeachca.gov 17 i�ns�° � Office ®f the City Clerk e Joan L. Flynn, City Clerk VIA FIRST CLASS MAIL AND CERTIFIED MAIL March 30, 2015 80 Huntington I, LLC 80 Huntington II, LLC c/o Saunders Property Company, and Mr. John Saunders 4040 MacArthur Blvd., Suite 300 Newport Beach, California 92660-2500 RE: Notice of Intent of the City Council to Adopt a Resolution of Necessity for Acquisition by Eminent Domain of Portions of Property located at 80 Huntington Street, Huntington Beach, California,Assessor's Parcel No. 024-291-16 Dear Mr. Saunders: The City Council of the City of Huntington Beach("City") intends to consider adoption of a Resolution of Necessity to allow for the acquisition of interests in the real property located at 80 Huntington Street, in the City of Huntington Beach for the Atlanta Avenue Widening Project ("Project"). California Code of Civil Procedure Sections 1240.030 and 1245.230 provide that the power of eminent domain may be exercised to acquire property for the Project if the following conditions are established: a) The public interest and necessity require the Project; b) The Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; c) The property sought for acquisition is necessary for the Project; and d) The City has made an offer to purchase the property as required by Government Code Section 7267.2, and the offer was made to the owner of record, unless the owner could not be located with reasonable diligence. This letter shall serve as notice that the City Council will be asked to decide if the four above conditions are met concerning the acquisition of portions of the property located at 80 Huntington Street(Assessor's Parcel No. 024-291-16) in the City of Huntington Beach. The property interests being considered for acquisition consist of a Permanent Street Easement and a Temporary Construction Easement, which are legally described in Sister Cities: Anjo, Japan ® Waitakere, New Zealand March 30, 2015 80 Huntington I, LLC 80 Huntington II, LLC c/o Saunders Property Company, and Mr. John Saunders Page 2 the enclosed Exhibits 1 and 2,respectively(the"Property"). In addition, for illustrative purposes only, aerial depictions of both Easements are enclosed at Exhibits 3 and 4. The City Council meeting will be held at or after 6:00 p.m., or shortly therafter, on April 20,2015 at Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California. If the City Council determines the four above described conditions have been satisfied,the City Council will be asked to adopt a Resolution of Necessity authorizing condemnation of the Property. The Resolution of Necessity, if adopted, will authorize the City to acquire the Property by eminent domain. If you elect not to appear at the meeting regarding the adoption of the Resolution of Necessity, your nonappearance will not be a waiver of your right to claim greater compensation in a court of law. The amount of compensation to be paid for the acquisition of the Property is not a matter or issue that will be heard by the City Council at this meeting. If you elect not to appear and not be heard, your failure to appear will be a waiver of your right to later challenge the right of the City to take the Property by eminent domain. If you choose to appear at the meeting, you must file a written request to appear within fifteen(15) days from the mailing of this notice. You are entitled to appear and object to the adoption of the Resolution of Necessity. Objections to the Resolution are limited to the conditions set forth above. All requests to appear must be received by the City Clerk of the City of Huntington Beach within fifteen(15) days after this notice was mailed. All requests to appear should be sent to: City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 California Code of Civil Procedure Section 1245.235(b)(3)provides that"failure to file a written request to appear and be heard within fifteen (15) days after the Notice was mailed will result in a waiver of your right to appear and be heard" on the above matters and issues that are the subject of the meeting. . The City Council must adopt a Resolution of Necessity before an eminent domain proceeding can commence. Should the Resolution of Necessity be adopted,the City will immediately commence eminent domain proceedings in the Orange County Superior Court. In that proceeding,the Court will determine the amount of compensation to which you are entitled. 118360 3.doc March 30, 2015 80 Huntington I, LLC 80 Huntington II, LLC c/o Saunders Property Company, and Mr. John Saunders Page 3 If you have any questions or would like additional information,please contact Ken Domer,Assistant City Manager, at (714) 536-5236. Sincerely, JOAN FLYNN City Clerk City of Huntington Beach Attachments: Exhibit 1: Legal Description of Permanent Street Easement Exhibit 2: Legal Description of Temporary Construction Easement Exhibit 3: Aerial Depiction of Permanent Street Easement Exhibit 4: Aerial Depiction of Temporary Construction Easement cc: Ken Domer, Assistant City Manager Michael Gates, City Attorney Scott Field, Assistant City Attorney Kellee Fritzal, Deputy Director of Business Development Duran Villegas, Real Property Agent Michael Green, Real Estate Development Specialist Tom Herbel, City Engineer Todd Broussard,Principal Civil Engineer Jonathan Claudio, Senior Civil Engineer 118360_3.doc CITY OF HUNTIN TON BEACH TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MICHAEL GATES, City Attorney TRAVIS HOPKINS, Public Works Director DATE: April 17 2015 SUBJECT: REVISED ATTACHMENT FOR THE CITY COUNCIL APRIL 20, 2015 AGENDA PACKET ITEM NO. 10 There is an error in the Staff Report and Resolution of Necessity. At the end of page 1 and carrying over to page 2 of the Resolution, "Florida Street" should read"Beach Boulevard," so that the full sentence reads: "The street will conform and align with the existing, fully improved public roadway to the immediate east and west of the segment and significantly improve overall traffic operations, traffic and pedestrian safety, and transit operations between First Street and Beach Boulevard." The attached Resolution is the correct version for Attachment#1 for Agenda Item No. 10 - Adopt Resolution No. 2015-18, "A Resolution of the City Council of the City Of Huntington Beach Finding and Determining that the Public Interest and Necessity Require Condemnation of a Permanent Street Easement and a Temporary Construction Easement in Certain Real Property Located at 80 Huntington Street, City of Huntington Beach, Orange County Assessor's Parcel No. 024-291-16, for the Atlanta Avenue Widening Project." Attachment: Corrected Resolution No. 2015-18. c: Fred Wilson, City Manager Department Heads File SUPPLEMENTAL COMMUNICATION Meeting Cate: 119978.doc Agenda Item No. /l� f RESOLUTION NO. 2015-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE CONDEMNATION OF A PERMANENT STREET EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN REAL PROPERTY LOCATED AT 80 HUNTINGTON' STREET, CITY OF HUNTINGTON BEACH, ORANGE COUNTY ASSESSOR'S PARCEL NO. 024-291-16, FOR THE ATLANTA AVENUE WIDENING PROJECT WHEREAS, the project for purposes of this real property acquisition consists of widening and improving Atlanta Avenue between Huntington and Delaware Streets in the City of Huntington Beach (the "Project"); and The Circulation Element of the General Plan of the City of Huntington Beach ("City") designates Atlanta Avenue as a four-lane primary arterial street with a center median and bike lanes in both directions. Pursuant to Resolution No. 2005-5, the City Council found that the arterial highway portion of the City's Circulation Element conforms with the Master Plan of Arterial Highways of the County of Orange ("MPAH"), which also designates Atlanta Avenue as a primary arterial street. The City is required to have an adopted Circulation Element consistent with the MPAH and to pursue build-out of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and grants for the improvement of City arterial streets; and The segment of Atlanta Avenue between Huntington Street and Delaware Street does not currently comply with its primary arterial designation in the City's Circulation Element and the MPAH. This segment of Atlanta Avenue requires widening to meet current and future traffic operation needs in the area. Widening the street to a four-lane divided street will address traffic capacity deficiencies, and more safely and efficiently accommodate bicyclists, pedestrians and transit access in the area. This segment currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks. The widening of this last remaining section will result in a total public right-of-way of 89.75 to 105 feet. with four through lanes, including median, bicycle lanes, and curbs, gutters and sidewalks. The street will conform and align with the existing. fully improved public roadway to the immediate east and west of the segment and significantly improve overall traffic operations, traffic and pedestrian safety, and transit 1 118349.doc operations between First Street and Beach Boulevard. The recommended design provides only the minimum required facilities to meet the needs of all forms of transportation in the area, thus minimizing private property acquisition and impacts; and Pursuant to Resolution No. 2005-6, the City Council authorized City Staff to apply to the Orange County Transportation Authority ("OCTA") for funding for various arterial street improvements, including the Project. Subsequently in June 2005, OCTA allocated transportation grant funding to the City for the Project; and The City also has been awarded and is applying for additional grants; and The State of California Department of Transportation ("CalTrans") administers Federal grant funding for right-of-way acquisitions. CalTrans will not authorize the City to advertise for or award construction contracts for federally financed projects until the City certifies that it has possession of the Property; and The approvals granted for the Project, including but not limited to the Recirculated Negative Declaration No. 09-001, which the City Council approved on February 19, 2013, the Coastal Development Permit No. 09-001 and Conditional Use Permit No. 09-019, both of which the City Planning Commission approved on April 23, 2013, and all other Project amendments are incorporated by this reference and made a part of this Resolution; and The Project will serve the public interest by improving public safety and decreasing traffic congestion. Recently, Pacific City (located west of the Park) as a condition of its development widened Atlanta Avenue between First and Huntington Streets. This has resulted in the section of Atlanta between Delaware and Huntington as the lone remaining "choke point" on Atlanta between Beach Boulevard and First Street; and The"choke point" in the section of Atlanta between Delaware and Huntington has - resulted in street alignments that require additional motorist decisions. Narrowing roadways have a greater potential for merging accidents and motorists inadvertently driving vehicles off of the street. The Project will help to minimize accident potential and provide improved traffic safety; and The Project also will accommodate local transit services. Current transit activity turning from Huntington Street and stopping on Atlanta Avenue is constrained due to the width of the roadway, the tight corner and the presence of cyclists on Atlanta. Widening the roadway to provide two eastbound travel lanes and a bike lane will help to reduce the impacts of the bus 2 118349.doc stop and improve the ability for the roadway to accommodate bus turns. The sidewalk improvements that would be included in the Project will provide Americans with Disability Act ("ADA") compliant areas for pedestrians along the south side of Atlanta and accommodate ADA requirements for transit stops which are not met with the current interim treatment; and The Project also will improve bicycle safety. Widening the roadway will provide additional maneuvering area for vehicles, including buses and give bicyclists greater opportunity to avoid conflicts with motorists; and By constructing the ultimate width necessary for an additional through lane and bike lane in each direction of travel, the Project will, among other things, eliminate the existing "choke point" at the intersection of Atlanta Avenue and Huntington Street, provide additional traffic capacity, and bring this last remaining segment of Atlanta Avenue into conformance with both the City's Circulation Element and the MPAH; and In order to construct the Project, the City must acquire a portion of the mobile home park located at 80 Huntington Street in the City of Huntington Beach and identified as Orange County Assessor's Parcel No. 024-291-16 (the "Park"). The Park is adjacent to the south side of Atlanta Avenue between Huntington and Delaware Streets, immediately abutting the Project. This partial land acquisition will require reconstruction of a portion of the Park's internal circulation road and directly impact eight mobile homes (Space Nos. 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along its Atlanta Avenue frontage; and The real property interests required for the Project include a Permanent Street Easement, legally described and depicted in the attached Exhibit 1, and a Temporary Construction Easement ("TCE") legally described and depicted in the attached Exhibit 2. Both the Permanent Street Easement and the TCE will be collectively referred to as the "Property;" and The Permanent Street Easement encompasses approximately 14,950 square feet and will run the entire length of the Park along Atlanta Avenue; and The TCE area encompasses 31,501 square feet and lies south of the Permanent Street Easement. The term of the TCE begins when the City takes legal possession of the TCE and ends after two (2) years or when the City files a Notice of Completion of the Project, whichever occurs first. Notwithstanding the two year maximum period of the TCE, the City's actual 3 118349.doc s physical use and occupancy of the TCE shall be limited to a period of one (1) year. During the one year period of the City's physical use and occupancy of the TCE, the City shall maintain or provide to the entirety of the Park reasonable vehicular and pedestrian access comparable to the Park's existing or pre-construction condition. However, certain construction activities including, but not limited to asphalt paving, and curb and gutter construction may temporarily suspend the City-provided access to the mobile homes located on Space Nos. 103, 202, 402 and 403 of the Park. All construction activities that may temporarily prevent pedestrian or vehicular access to the mobile homes located on Space Nos. 103, 202, 402 and 403 shall be limited to the hours of 8:00 a.m. to 5:00 p.m., local time, and such access shall be limited for no more than ten (10) working days. Except during the City's one year period of physical use and occupancy of the TCE, the City shall not interfere in any way with access throughout the TCE area; and Aerial depictions of the Permanent Street Easement and the TCE are attached at Exhibits 3 and 4, respectively. Exhibits 3 and 4 are provided for illustrative purposes only. The legal descriptions and plat maps at Exhibits 1 and 2 shall be controlling for all purposes; and The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City; and The Property to be acquired may be subject to easements and rights of way appropriated to existing public use(s). The legal descriptions of those easements and rights of way are on file with the City and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification. The herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future. The City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure; and Pursuant to Government Code Section 72672, on February 4, 2015, the City presented to the owner(s) of record of the Property a written offer to purchase the Property for the Project; and 4 118349.doc f In accordance with Section 1245.235 of the California Code of Civil Procedure, on March 30, 2015, the City Clerk mailed to the address of all persons whose names appear on the last equalized county assessment roll as having an interest in the Property a letter, entitled "Notice of Intent of the City Council to Adopt a Resolution of Necessity for Acquisition by Eminent Domain of Portions of Property located at 80 Huntington Street, Huntington Beach, California, Assessor's Parcel No. 024-291-16" ("Notice of Intent"). The Notice of Intent notified the owners of the Property that on April 20, 2015, at 6:00 p.m. at 2000 Main Street, Huntington Beach, California, the City Council would consider whether to adopt a Resolution of Necessity authorizing condemnation of the Property, and that each owner would be given a reasonable opportunity to appear and be heard by the City Council on the matters referred to at Sections 1240.030 and 1245.230 of the California Code of Civil Procedure; and On April 20, 2015, the City Council considered the matters specified in California Code of Civil Procedure Sections 1240.030 and 1245.230, including the following: (a) whether the public interest and necessity require the Project; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) whether the Property is necessary for the Project; and (d) whether the City made an offer to the owner(s) of record of the Property to purchase the Property (unless the owner could not be located with reasonable diligence), as required by Government Code Section 7267.2; and The City may adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure. NOW, THEREFORE, by a vote of two-thirds or more of its Council Members, the City of Huntington Beach does hereby find, determine, resolve and order as follows: Section 1. Incorporation of Findings and Recitals. The above findings and recitals are true and correct and are incorporated in full by this reference. Section 2. Compliance with California Code of Civil Procedure. The City has complied with Section 1245.235 of the California Code of Civil Procedure regarding notice and opportunity to be heard. Section 3. Public Use. The Property is to be acquired for the public use of construction of the Project, a public street improvement, as more fully described above. 5 118349.doc Section 4. Authority to Condemn. The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City. Section 5. Necessity. The City Council finds that: (a) The public interest and necessity require the Project to improve public safety, decrease traffic congestion, and help complete the networks of arterial streets throughout the City of Huntington Beach and the County of Orange. (b) The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The Property described in this Resolution and Exhibits 1 and 2 is necessary for the Project. Section 6. Description of Property Interests. The property interests to be acquired are more particularly described and depicted in Exhibits 1 and 2. Section 7. California Environmental Quality Act and City Planning and Zoning Code. The City Council finds as follows: (a) On February 19, 2013 the City Council adopted Recirculated Mitigated Negative Declaration No. 09-001 which was prepared in compliance with Article 6 of the California Environmental Quality Act ("CEQA") Guidelines. The City Council found there is no substantial evidence that the Project, as mitigated through the mitigation measures, would have a significant effect on the environment. (b) On April 23, 2013 the City Planning Commission approved Coastal Development Permit No. 2009-001. The Planning Commission found the Project would bring the segment of Atlanta Avenue between Huntington Street and Delaware Street into compliance with the primary arterial designation specified in the City's General Plan Circulation Element, the City's certified Local Coastal Program; and the MPAH. The Planning Commission also found the Project consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance. The Planning Commission found the Project conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act and will not impact 6 118349.doc existing public access or recreation opportunities in the coastal zone. (c) On April 23, 2013 the Planning Commission approved Conditional Use Permit No. 09-019 ("CUP") to permit as part of the Project construction of an eight-foot tall block wall in lieu of the maximum allowable 42-inches within the 10-foot front yard setback along the Atlanta Avenue frontage of the Park. The Planning Commission found the wall would improve public safety and ensure continued privacy of the Park. The Planning Commission found that granting the CUP would not adversely affect the General Plan and would comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Additionally, the Planning Commission found the CUP would further the circulation, coastal, and urban design elements of the General Plan. Section 8. Appraisal. The Property was appraised in conformance with Sections 7267.1 and 7267.2 of the California Government Code. The City established just compensation for the Property based on the appraisal. The City then presented an offer to purchase the Property to the owner(s) of record of the Property, along with a written summary statement showing the appraised value of the Property in the amount of the offer. Section 9. Findings. The City Council hereby finds, determines and declares each of the following: (a) The public interest and necessity require the Project; (b) The Project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The Property sought for acquisition, as described and depicted in Exhibits 1 and 2, is necessary for the Project; (d) The City has made an offer to purchase the Property to the owners of record of the Property, as required by Section 7267.2 of the California Government Code; and (e) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property described at Exhibits 1 and 2. 7 118349.doc Section 10. Other Public Uses. The Property to be acquired may be subject to easements and rights of way appropriated to existing public use. These uses either will not unreasonably interfere with or impair the continuance of the public use as it now exists or may 1 reasonably be expected to exist in the future, as provided for under Section 1240.510 of the ,i California Code of Civil Procedure, or will be a more necessary public use(s) than the use to i which the property is appropriated, as provided for under Section 1240.610 of the California . Code of Civil Procedure_______ -Section 11. Further Activities. The City Attorney is authorized and empowered to acquire the Property in the name of and on behalf of the City by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required. The City Attorney is further authorized to take such steps as may be authorized and required by law; and to make security deposits as may be required by order of court, to permit the City to take possession of and use of the Property at the earliest possible time. Section 12. Deposit. The City Treasurer is hereby authorized and directed to draw its warrant account in the amount of Two Million Six Hundred Thirty-Six Thousand Dollars ($2,636,000.00), the warrant to be made payable to the State Treasurer, and delivered to the City Attorney, to be deposited with the payee as security for the Order for Prejudgment Possession Before Judgment. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 2015. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager City Attorney INITIATED AND APPROVED: Director of Public Works 8 118349.doc Z\ IJ RESOLUTION NO. 2 015-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTO BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST D NECESSITY REQUIRE CONDEMNATION OF A PERMANENT STREET/EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN REAL PROPERTY LOCATED AT 80 HUNTINGTON STREET ITY OF HUNTINGTON BEACH, ORANGE COUNTY ASSESSOR'S PARC NO. 024-291-16, FOR THE ATLANTA AVENUE WIDENING PROJ T WHEREAS, the project for purposes of this real property a uisition consists of D C,VN WIDENING JP OJ I C property a quisiti widening and improving Atlanta Avenue between Huntington ai Delaware Streets in the City of Huntington Beach (the "Project"); and I j y of Huntington -11 �c The Circulation Element of the General Plan of the ity of Huntington Beach ("City'') I I r designates Atlanta Avenue as a four-lane primary arteria street with a center median and bike lanes in both directions. Pursuant to Resolution No 0nt conforms with the Master Plan of 05-5, the City Council found that the I rne arterial highway portion of the City's CirculationZ ZI Arterial Highways of the County of Orange ("MYAH"), which also designates Atlanta Avenue as a primary arterial street. The City is requir a to have an adopted Circulation Element consistent with the MPAH and to pursuebuild-out/ of the street system to maintain acceptable traffic operation and regional mob. eive Measure M funds and grants for the improvement of City arterial streets; and The segment of Atlanta Aveiy4 between Huntington Street and Delaware Street does not currently comply with its prin iry arterial designation in the City's Circulation Element and the MPAH. This segment of Atlanta Avenue requires widening to meet current and future traffic operation needs in the area. Widening the street to a four-lane divided street will address traffic capacity deficiencies' and more safely and efficiently accommodate bicyclists, pedestrians and transit acess in the area. This segment currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, glutters,'Zor sidewalks. The widening of this last remaining section will result in a total public right-off ay of 89.75 to 105 feet, with four through lanes, including median, bicycle lanes, and c(urbs, gutters and sidewalks. The street will conform and align with the risting, fully improved public roadway to the immediate east and west of the segment and significantly improve overall traffic operations, traffic and pedestrian safety, and transit I I 8349.doc Resolution No . 2015-18 operations betwee&First Street and Florida Street'"1 he recommended de/Staff only the minimum required facilities to meet the needs of all forms of transportati , thus minimizing private property acquisition and impacts; and Pursuant to Resolution No. 2005-6, the City Council authorized Cply to the Orange County Transportation Authority("OCTA") for funding for vl street improvements, including the Project. Subsequently in June 2005, OC A allocated transportation grant funding to the City for the Project; and The City also has been awarded and is applying for additional grants; and The State of California Department of Transportation(" alTrans") administers Federal grant funding for right-of-way acquisitions. CalTrans will no authorize the City to advertise for or award construction contracts for federally financed p ojects until the City certifies that it has possession of the Property; and The approvals granted for the Project, including/'but not limited to the Recirculated Negative Declaration No. 09-001, which the City Cocil approved on February 19, 2013, the Coastal Development Permit No. 09-001 and Condit/ional Use Permit No. 09-019, both of which the City Planning Commission approved o i�April 23, 2013, and all other Project amendments are incorporated by this reference,/and made a part of this Resolution; and The Project will serve the public irate est by improving public safety and decreasing traffic congestion. Recently, Pacific City Located west of the Park) as a condition of its development widened Atlanta Avenue bdtween First and Huntington Streets. This has resulted in the section of Atlanta between Delaware and Huntington as the lone remaining"choke point" on Atlanta between Beach Boulevard and First Street; and The "choke point" in the section of Atlanta between Delaware and Huntington has resulted in street alignments th t require additional motorist decisions. Narrowing roadways have a greater potential for maiging accidents and motorists inadvertently driving vehicles off of the street. The Project will help to minimize accident potential and provide improved traffic safety; and The Project also will accommodate local transit services. Current transit activity turning from Huntington Street and stopping on Atlanta Avenue is constrained due to the width of the roadway, the tight corner and the presence of cyclists on Atlanta. Widening the roadway to provide two eastbound travel lanes and a bike lane will help to reduce the impacts of the bus 2 118349.doc Resolution No. 2015-18 Section 10. Further Activities. The City Attorney is authorized and e powered to acquire the Property in the name of and on behalf of the City by eminent Boma' , and is authorized to institute and prosecute such legal proceedings as may be re7required d.-The City Attorneyis furtherauthorized o take such steps as may be authorized an b law and t 1 p y y , to make security deposits as may be required by order of court, to pen dt the City to take possession of and use of the Property at the earliest possible time. Section 11. Deposit. The City Treasurer is hereby autrhorized and directed to draw its warrant account in the amount of Two Million Six Hundred/Thirty-Six Thousand Dollars ($2,636,000.00), the warrant to be made payable to the State Treasurer, and delivered to the City Attorney, to be deposited with the payee as security;for the Order for Prejudgment Possession Before Judgment. �� PASSED AND ADOPTED by the City Coun' cil of the City of Huntington Beach at a regular meeting thereof held on the day f , 2015. Mayor REVIEWED AND APPROVED: APPROVED AS r FORM: City Manager Cit Attorney �,A V, , NITIATED AND APPROVED: hector of Public Wo'cs f/ f " 1 � r 8 t18349.doc