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HomeMy WebLinkAboutFile 2 of 3 - City Property - Acquisition Parks Playground, �T RECUE " FOR CITY COU ION Submitted by Vincent G, Moorhouse, Director Department Community Services Date Prepared February 29 , 19 80 Backup Material Attached '" Yes No Subject HUNTINGTON CENTRAL PARK ACQUISITION - HAMILTON PROPERTY City.Administrator's Comments Approve as recommended. FPIPROV�SDCITY COUNCIL ppro CITY CLELt Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: A Statement of Issuer There are $80,047Favailable in the 1974 Bond Act Fund that may be used to complete acquisition of the 2.5 'acre parcel of land in Huntington Central Park, known as the Hamilton Property. Recommendation: Authorize the use of the 1974 Bond Act ($80,044) funds toward acquisition of the 2.5 acre parcel. Analysis: With said property now under condemnation, an updated appraisal is currently being prepared which is required prior to court proceedings. Therefore, additional funds-will have to be appropriated to compensate the difference between the previous agreed upon purchase price of $75,000 and the new appraisal. State Parks and Recreation Office has informed this Department that the 1974 Bond Act Fund can be used toward this acquisition, subject to minute action approval by City Council. Funding Sources 19,74 Bond Act Alternative Action: Do not approve the use. of these funds for acquisition of the Hamilton property. VGM:sh N ,Al QISTRIC' MAP 34-5-11 �_ ,(--A'' TV OF "l'INGT( N BEACH j. ANGEo COUNTY, CALIFORNIA � USE OF PROPERTY MAP • CF-R ' INMS1�N71 ttMtMl NMI o.S A-c- A ui oTo ai r N ` W 2 • W O O pAR/IELO AVE. I IJ t f REQUEST FOR CITY COUNCIL ACTION 90 Submitted by H. E. HartgeZ/_ Department Public .Works Date Prepared October 30 , 1978. Backup Material Attached x] Yes n No Subject Purchase of Land for. Water Operations Facility City Administrator's Comments APPI24:>.VED BY CITY COUNCIL Approve as recoTrmlended. CITY LERK Statement of Issue,Recommendation, Analysis, Funding Source, Alternative Actions: v Statement of Issue: The City Council at their meeting of Oct. 2 , 1978 deferred to Nov. 6, 1978 a decision to our request for authorization to purchase 3 acres of ground at Garfield and Huntington (.see Exhibit "A" attached) for expansion .of the Water Utility operations yard. The City Council on Dec. 29, 1977 had authorized the preparation of the appraisal. Recommended Action: Authorize the purchase of the Garfield-Huntington site at the appraised value of $587 ,500 plus escrow costs.. Analysis: A reason for the postponement was to provide time for all of the Council members to review the .site of the proposed. expansion. Subsequent to the meeting of Oct. 2 Councilman Mandic visited the site with Ed Elevatorski and myself. The other Council members are familiar with the site and with our needs for expansion. An updated appraisal report from Locke Land Services indicated their opinion of current value at $587 , 500. 00. The property owner, the Huntington Beach Co. , has stated their willingness to sell the property at the appraised price (copies of letters Exhibit "C" & "D" attached) . The existing ware- house/headquarter . was constructed in 1965 .when .the water employees numbered 8 and the City population was 64 ,228. Of the existing 4 . 5 acres., 2. 5 acres are occupied by reservoirs. Employees are forced to park in the street. Overcrowded City vehicle on-site parking causes inefficiency and presents a dangerous situation. Three people share one small office, there is one small bathroom, no meeting room, insufficient storage area both in the building and outside for supplies. ` . As an alternate to purchasing the - Garfield-Huntington site, an evaluation was made of acquiring the former Edison Company property. This property consists of 7 . 7 acres. located on Garfield east of .Beach Blvd. (See Exhibit "'B" ) In June 1977 ; the property was valued at $1, 600, 000 . 00 . The proper y PIO' sn8 dG Request for Council Action October 30, 1978 Page 2 has been sold and current acquisition costs would be about $2 million. In addition to the purchase price, modification and necessary additions to existing buildings would cost $148 , 200. 00. The total costs of $2 ,148 ,200 are more than double the purchase of the recommended site and cost of im- provements estimated at $300, 000. 00. Alternatives: (1) Do nothing. This is not viable due to the extreme overcrowded condi- tion at the present facility. (2) Delay the purchase. This would increase the purchase price at a later date. (3) Purchase former Edison Company site at a cost of about $2 million and remodel the existing building. Funding Source: The purchase will be funded from the land account (920906) in the water budget in the amount of $550 , 000, plus $37 , 500 from the water utility re- tained earnings. The unaudited balance of the retained earnings was $2,948,740. 88 as of June 30 , 1978 . Included in the 1978-79 budget is an amount of $50, 000 for the architectural cost of the new building plus $300, 000 for construction. P.S. Attached as Exhibit "E" is the update appraisal report from Locke Land Services that the total fair market value of the property as of June 6, 1978 is $587 , 500. 00. HEH: jy r HUNTINGTON ST. rE NMI _.1 s:-t 1111 111111 t ;EXISTNG ---- �' AREAS 1 EMPLOYEE. O ; WAREHOUSE , ; V COVERED STORAGE 10,000 SO ` REMOVE ui Q. VEHICLE PARKING N EMPLOYEE PARKING 24,750 SO FT a ---� EQUIPMENT PARKING 18,400 SO FT .. cc W PARKING OFFICE SPACE 11,500 SO FT V I U. t m 1 111111 t m t m■! uXi. _-- OPEN STORAGE STORAGE 21.575 SOFT c �. I - - r-----------------� VEHICLE PARKING 25,000 SO FT O I 1 EXISTING I ; IL ; ! 1 PROPOSE D I 1 RESERVOIR iSTAJ WATER OPERATIONS - ' 1. EXISTING ! Z Y ; ; FACILITY I I RESERVOIRLu ; Q = cc MAY 1978 ,. - taLmttllatet _. OPEN _ 10,000 SO FT - _d STORAGE COVERED STORAGE - I ! . I I OPEN STORAGE ' ,`� _--- -----------_,� SCALE I t�-t-1i7�/7 1- t L� t i L tom:i Lf• t��s . PROPOSED ACOUISITION VACANT S. C.f. FACIL ITy 6/0 I � o ? SCALE /'=/oo' o WAREHOUSE V O GARAGE ' - BU/L DING J h — — — — — — - - - - , ELL/5 AVE QRRUD A(/E. `` Q ► fMPL OYff PARKING nr 5 VpCP f-VO SCALCI Y RKWAW AVE. LOCA71ON MAP 226 44 ISIT/ON AREA 77ACRES h - M BEACH BLVD. Huntington Beach Company 2110 MAIN STREET,HUNTINGTON BEACH,CALIFORNIA 92SU 1714)960-4351 S. RECEIVED VICE PRESIDENT-GENE T-GENERAL MANAGER DEPT.OF PUBLIC WORKS October 9, 1978 OCT 111978 Mumma-MR awkCH. akur. Mr. .Bill Hartge Director of Public Works City of Huntington Beach California 92648 Dear Bill : This will confirm Mr. States' letter of September 13, 1978 concerning the three-acre site adjacent to the existing water reservoirs on the southwest corner of Garfield Avenue and Huntington Street. Your offer of $585,600 for this -property will be honored until December 31 , 1978, providing escrow can be closed before year-end. Due to escalating land values in the area, we would .require another appraisal of the property if the sale in lieu of condemnation proceedings is not consummated by that date. would appreciate it if you would continue to keep me informed concerning the progress of this acquisition. Very my yours-, S. A. YOUNG SAY/h SEACLIFF REALTY ROGER D.SLATES-REALTOR September 13, 1978 Mr. Bill Hartge . Public Works Department City of. Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 Dear Bill : i This will confirm our conversation concerning the three acre site adjacent to the existing Water reservoirs on the southwest corner of Garfield Avenue and Huntington Street. Your offer to the Huntington Beach Company of $585,000 for this property will be honored until December 31, 1978 , or approximately nine months from the last appraisal date. Due to escalating land values in the area, we would require another appraisal of the 'property if the sale in lieu of condemnation proceedings is not consummated by that date. I would appreciate if you would continue to keep me .informed concerning the progress of this acquisition. v truly yours , SEA FF REALTY Ro D. Slates RDS :cgt Copy to Huntington Beach Company ri it 333 WEST YORKTOWN - HUNTINGTON BEACH,CA 92648 (714)536.8801 - 536-6577 -l ` INCORPORATED" 67S4 PARAMOUNT BOULEVAPD LONG BEACH,CALIFORNIA 90805 TELEPHONE (213) 634-2612 JUNE 6, 1978 CITY OF HUNTINGTON BEACH P. o. BOX 190 HUNTINGTON BEACH, CALIFORNIA 92648 ATT�N: MR. CHARLES B. DAVIS, REAL PROPERTY AGENT GENTLEMEN: REFERENCE IS MADE TO OUR APPRAISAL REPORT.DATED MARCH 31, 1978, COVERING THAT CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF GARFIELD AVENUE ADJACENT, WESTERLY, TO HUNTINGTON STREET AND ADJACENT, EASTERLY, TO THE FORMER PACIFIC ELECTRIC RAILWAY RIGHT OF WAY NEAR MAIN STREET IN THE CITY OF HUNTINGTON BEACH. IN COMPLIANCE WITH YOUR AUTHORIZATION I HAVE REVIEWED MY APPRAISAL STUDY AND I HAVE UP-DATED THE MARKET DATA WHICH WAS THE BASIS FOR MY OPINION OF VALUE AS OF MARCH 31, 1978. THE MARKET INVESTIGATION HAS REVEALED TWO MORE-RECENT SALES TRANSACTIONS THAN THOSE REPORTED IN THE EARLIER APPRAISAL STUDY. THESE MARKET DATA SALES, ENCLOSED HEREWITH AND NUMBERED 12 AND 13, INDICATE THAT AN UPWARD ADJUSTMENT 1N LAND VALUE IS PROPER AS OF THE DATE OF THIS LETTER. BOTH OF THESE SALES ARE CORNER PROPERTIES WHICH WERE CONVEYED IN VERY LATE 1977 OR VERY EARLY 1978 ON A GROSS AREA BASIS. THE UNIT PRICE PAID FOR THESE PROPERTIES VARIES FROM $5.43/� TO $8.71/L (DEPENDING UPON WHETHER OR NOT THE PAYMENT OF A "COMMISSION" IS INCLUDED WITHIN THE SALES PRICE). MY RECONSIDERATION OF THE IMPROVEMENTS ON THE SUBJECT PROPERTY HAS LED ME TO THE REVISED CONCLUSION THAT SUCH IMPROVEMENTS HAVE NO NET CONTRIBUTORY VALUE. THE IMPROVEMENTS MAY BE EXPECTED TO PRODUCE A NOMINAL RENT DURING THEIR REMAINING ECONOMIC LIFE WHICH IS EXTREMELY LIMITED. THE VALUE OF SUCH RENTAL FLOW IS OFF-SET BY THE ANTICIPATED COST OF DEMOLITION AND SITE CLEARANCE IN THE NEAR FUTURE. THE APPRAISER THEREFORE CONCLUDES THAT THE BUILDING IMPROVEMENTS HAVE NO CONTRIBUTORY VALUE AS OF THE DATE OF THIS LETTER. j CITY OF HUNTINGTON BEACH PAGE TWO JUNE 6, 1978 ,i d�V ; THE NEW MARKET DATA, CONSIDERED IN CONTEXT WITH THE OTHER 11 MARKET DATA SALES, INDICATES TO THIS APPRAISER THATTHE FAIR MARKET VALUE OF THE SUBJECT T PROPERTY (LAND ONLY) HAS INCREASED APPROXIMATELY 12% OVER THAT EARLIER REPORTED, IT IS FELT THAT THE UNIT VALUE, FOR NET USEABLE LAND, IS $4.77/f AS OF THE DATE OF THIS LETTER, $4.77/NET f X 123,120r1 _ $587,282.. SAY: $587,500. IT WILL BE APPRECIATED IF YOU WILL USE THIS LETTER, AND THE ATTACHMENTS, TO UP—DATE MY APPRAISAL REPORT SUBMITTED AS OF MARCH 31, 1978, INDICATING MY UP—DATED OPINION, AS OF JUNE 6, 19782 THAT THE TOTAL FAIR MARKET VALUE OF THE PROPERTY APPRAISED IS: FIVE HUNDRED EIGHTY-SEVEN TH014SAND FIVE HUNDRED ($587,500. ) DOLLARS ALL OF THE PERTINENT INFORMATION, OTHER THAN THAT WHICH IS REVISED BY THIS SUBMITTAL, IN OUR REPORT OF MARCH 31, 1978, SHOULD BE CONSIDERED A PART OF THIS UPDATED REPORT, THIS WILL, OF COURSE, INCLUDE SUCH THINGS AS DESCRIPTIONS, PLATS, PHOTOS, ETC. WE SINCERELY APPRECIATE HAVING AGAIN BEEN CALLED UPON TO SERVE THE CITY OF HUNTINGTON BEACH IN REAL PROPERTY VALUATION MATTERS. VERY TRULY YOURS, / MICHAEL P. LOCKE, S. A , A.S.A. PRESIDENT MPL:MAM �/ y r � • Bill Hartge , To Public forks Director Date 10/3/73 PURCHASE OF LAND FOR DATER OPERATIONS FACILITY Fake sure that this item is on the Agenda for : the City Council ' s 11/6/76 meeting. Also see that arrangements are made to accommodate any Council members who are interested in touring the City' s water operations facilities. RINUMN TO Signed Floyd G. Belsito,- City Administrator Date Signed RBdIrm SEND PARTS 1 AND 3 WITH CARBONS INTACT. 4S 465 PART 3 WILL BE RETURNED WITH REPLY. REQUEST FOR CITY COUNCIL ACTION H. E. Hartge ���� Public Works Submitted by Department Date Prepared Sept. 18 , 1978 Backup Material Attached © Yes No Subject Purchase of Land for Water Operations Facility City Administrator's Comments LADEFERRED Approve as recommended. -------- .Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue: The City Council at the meeting of Dec. 29, 1977 authorized the preparation of an appraisal and the pursuit of purchase of 3 acres at Garfield and Huntington for expansion of the Water Utility Operations Yard. The appraisal report has been completed and the staff needs approval from City Council to proceed with the purchase. Recommended Action: Authorize the purchase of the Garfield-Huntington site at the appraised value of $587 , 500 plus escrow costs. Analysis: An updated appraisal report from Locke Land Services has been received and. their opinion of current value� is $587 , 500. The property owner, the Huntington Beach Co. , has indicated their willingness to sell the property at the appraised price. The existing warehouse/headquarter was constructed in 1965 when the water employees. numbered 8 and the City population was 64,228. Of the existing . 4. 5 -acres, 2. 5 acres -are occupied by reservoirs. As an alternate to purchasing the Garfield-Huntington site, an evaluation was made of acquiring the former Edison Company property. This property consists of 7 . 7 acres located on Garfield east of Beach Blvd. (see attached drawing) . In June 1977 , the property was valued at $1,600,000 . 00. The property has been sold and current acquisition costs would be about $2 million. In addition to the purchase price, modification and necessary additions to existing buildings would cost $148, 200 . 00 . The total costs of $2, 148, 200 are more than double the purchase of the recommended site and cost of improvements estimated at $300, 000. 00. Alternatives: (1) Do nothing. This is not viable due to the extreme overcrowded condition at the present facility. f Plo 3/78 , r Request for City Council Action September 18, 1978 Page 2 Alternatives: (Continued) (2) Delay the purchase. This would probably increase the purchase price . at a later date. (3) Purchase former Edison Company site at a cost of about $2 million. Funding Source: The purchase will be funded from the land account (920906) in the water budget in the amount of $550 , 000, plus $37, 500 from the water utility re- tained earnings. The unaudited balance of the retained earnings was $2, 948 ,740. 88 as of June 30, 1978. HEH:EAE: jy S f HUNTINGTON ST. z _ (Eill�Ei:E �tii [ ■ I�Ei�iifi!" E _ ;EXISTNGA r---SM AREAS ® EMPLOYEE O ; WAREHOUSE , ; ,0 .; COVERED STORAGE 10,000 SO FT UA VEHICLE PARKING y ; REMOVE` ' 6 EMPLOYEE PARKING 24,750 SO FT tl a w E a a L---� EQUIPMENT PARKING 18,400 SO FT W Ix (7 ® p s z . . - z W PARKING y OFFICE SPACE 11,500 SO' V . - LL a T it [i E i E i i is X ----------- _ w OPEN STORAGE 21,575 SO FT U. - 0 - 1 - 1 VEHICLE PARKING 25,000 $O FT I , a 0 1 I EXISTING i ; IL ; 1 PROPOSE I I 1 � RESERVOIR iSTA_1 WATER OPERATIONS EXISTING FACILITY - a I i RESERVOIR LLis 1 Q z 1 MAY 1978 0 W WLL - > L----------------- 1 I - i>i - 1 z OPEN 10,000 SO FTcc 1 I - W 'I I a STORAGE COVERED STORAGE ' 1 G O G I 1 _ I I _ P I OPEN STORAGE � ------ - =---------= , SCALE 1��100' �••®i i [i PROPOSED ACQUISITION t VACANT S. C.E. FACILITI 610 N o iv zr I o SCALE /��/00, lnIAREHOUSE � 0 GARAGE BU/L DING - - - - - - - - - - -� ELL/S AVf. 5� I � � v ' G,gRf/fLD A IZE EMPL OYfE PARKING /NO SCALE) Y RKTOMN AVf. L0CAT/ON MAP h 226 AQU/S/T/ON AR£A 7. 7ACRE5 M BEACH BLVD. SEACLIFF REALTY ROGER D.SLATES- REALTOR September 13, 1978 Mr. Bill Hartge Public Works Department City of. Huntington Beach P .O. Box 190. Huntington Beach, CA 92648 Dear Bill : This will confirm our conversation concerning the three acre site adjacent to the existing water reservoirs on the southwest corner of Garfield Avenue and Huntington Street. Your offer to the Huntington Beach Company of $585, 000 for this property will be honored until December 31, 1978 , or approximately nine months from the last appraisal date. Due to escalating land values in the area, we would require another appraisal of the property if the sale in lieu of condemnation proceedings is riot consummated by that date. I would appreciate if you would continue to keep me informed concerning the progress of this acquisition. v truly yours, SEA FF REALTY Ro D. Slates RDS :cgt Copy to Huntington Beach Company 333 WEST YORKTOWN - HUNTINGTON BEACH,CA 92648 (714) 536-8801 - 536-6577 I CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To City Clerk From H. E. Hartge Subject Requisition of Property for Date October 17, 1978 Water Yard Expansion The subject matter was continued by City Council to 11/6/78. Please include the attached letter of confirmation from Stan Young that our offer of $585,000 for the property is acceptable by the Huntington Beach Co. in the packet for that meeting. H. E. Hartge Director of Public Works HEH:jy Attach. cc: Bud Belsito • Huntington Beach Company 2110 MAIN STREET,HUNTINGTON BEACH,CALIFORNIA 92648 (714)960.4351 S.A.YOUNG 'IR E' C E I V E VICE PRESIDENT-GENERAL MANAGER DEPT. OF PUBLIC WORKS October 9, 1978 OCT 111978 HUN"NOTOR BEACH, CALIR. Mr. Bill Hartge Director of Public Works City of Huntington Beach California 92648 Dear Bill : This will confirm Mr. Slates' letter of September 13, 1978 concerning the three-acre site adjacent to the existing water reservoirs on the southwest corner of Garfield Avenue and Huntington Street. Your offer of $585,000 for this property will be honored unt.il. December 31 , 1978, providing escrow-can be closed before year-end. Due to escalating land values in the area, we would require another appraisal of the property if the sale in lieu of condemnation proceedings is not consummated by that date. 1 would appreciate it if you would continue to keep me informed concerning the progress of this acquisition. Very t I yours, S. A. YOUNG SAY/h REQUEST FOR CITY COUNCIL ACTION J D 1N oubmitted by H. E. Hartge,4� Department Public Works Date Prepared K&Y 9, . 1978 8 Backup Material Attached x� Yee No Subject _ Architectural Design of Water Operations Facility City Administrator's Comments Approved as recommended. Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions: `+C Statement of Tesue. #' . ;4Architectural services were budgeted in the .1977-78 fiscal year for the Water Operations Facility at the southwest corner of Garfield Avenue and . uhtington Street. These. services are now re uired if Council . approves the purchase .of land for. the slater Operations Facility. Recommended Action It -is recommended that the City Council authorize the purchasing officer to receive proposalo . from architects for an appropriate design_ of the Water Operations . Facility at the southwest corner of Garfield Avenue and Huntington Street. Analysis The attached sketch illustrates the relationship between the existing facilities and those tentatively propoeed for- the full development of the . Water Operations complex .located. at the southwest corner of Garfield Avenue and Huntington Street. It is anticipated that. the architect retained .to design the Water Operations Facility will offer suggestions -which might � modify the tenative lay-out shown on the attached sketch. Alternative The Council might choose to delay hiring architectural services] however, with construction costs steadily rising -this might not prove beneficial. ..-' Funding Source Anticipating the acquisition of the site, the Water. Division has budgeted $50,000 for architectural services in Account No. 920990 of the 1977-78 budget. HEH:MZ:jy Pao ane ' - s i - HUNTINGTON ST: Z _' :EXISTNG - ' ,- AREAS EMPLOYEE O ; WAREHOUSE: r------- COVERED.STORAGE 10,000 SO FJ REMOVE - W VEHICLE j PARKING N -`i1. EMPLOYEE PARKING 24.730 SO PT IL > ---� EQUIPMENT PARKING 18.400 SOFT ' W PARKING �_ o OFFICE SPACE 11,300 SQ FT 1 ` i F 1111100 f tfa/ffi/ / OPEN STORAGE 21.575 SQ FT --------- ------ • O • , ---------- -- '- - ; VEHICLE PARKING 23,000 SO FT , 1 , IL ' - ■ , IL ~ 1 - ■ 1 EXISTING I ; IL PROPOSED RESERVOIR iSTA- WATER OPERATIONS I ' EXISTING ' , ; I ' ' FACILITY - < ' I ; RESERVOIR uj ' ILcc • I ; , , MAY 1978 W > ------------- -- = , 1 ' /fils�fffa�s[��s- 1 U. t cc = OPEN 10.000 50 FT r 1 - � I C7 , 4 STORAGE COVERED STORAGE - ' W1 1 I . ' 1 ' OPEN STORAGE: r i. '�---- -- ---- ------- SCALE 1-10d I em I miff-r-m-1 som$suresom [m[7romowl f� [M S f[If PROPOSED ACQUISITION - `j p fac CITE' OF I•SUN•If 111GTOM BEACH INTER-DEPARTMENT COMMUNICATION HUNIWGION BEACH To Housing and Community Development From Norm Worthy, Directorf Committee Members Recreation, Parks and Human Services Subject PROJECT # 15 CITY GYM AND POOL Date October 2, 1978 LAND ACQUISITION f Since our Department's presentation, we have received a number of questions from HCD Committee members relative to Project # 15, City Gym and Pool Land Acquisition. I hope the information below will "clarify some of the points mentioned. If you have any additional questions, please do not hesitate to call me. I. Does attendance at City Gym and Pool justify its. retention? The City Gym and Pool has served the youth of our .community well for the past eleven years and attendance records substantiate its usefulness. The swimming pool is utilized year round 'for swimming lessons, recreation and family swim nights, as well as special sessions for exceptional children and senior citizens. The gym's primary use is for free, play; however, activities such as women's volleyball, coed basketball and volleyball leagues and Aerobic Dance are also scheduled. The attendance from September "1977 through August 1.978 was 141,667. While attendance fluctuates, a breakdown of the average month) attendance was as follows: 3,430 participated in Aquatics classes (included handicapped swim progralm); 652 attended recreational swim sessions (including family swim, recreational and seniors); 7,440 enjoyed the game room and gym for free play and organized activities mentioned above. 2. According to the lease, can the school sell the property? Yes. The lease specifies that the Board of Education may terminate the agreement if they wish to use the land for another purpose. They agree to give City 360 days notice. The expense for the destruction of the building is on a schedule according to the time period. Since we have now leased the facility for more than eleven years, the total cost must be borne by the City. 3. Do you feel it is essential to buy City Gym and Pool property at this time? Yes. The facility is in need of a new roof, replacement of some pipes and termite extermination. Ownership of the land would eliminate possibility of short-term usage after money has been spent for repairs. We have no way of knowing what direction Huntington Beach City School District Board of Education may take. Declining enrollment is a factor. Inasmuch. as Dwyer School is the oldest intermediate school in the District, it would seem logical to assume that it would be sold before the newer ones. Anyone purchasing property would undoubtedly wish the entire parcel, .if possible: Only prior purchase would save City Gym property for City use. next page, please . . . Housing and Community Development Committee Members, (2) October 2, 1978 Another important consideration is the escalating cost of land and the scarcity of it. The high density of the area adjacent to the Gym site also points to the need for a place for youth to spend leisure hours in a good wholesome environment. Thank you for your consideration of this and the other projects which we submitted. You have very important decisions to make and knowing the dedication of many of you personally, I have confidence in your final recommendations. NW:cw CITY .OF "UP111TINGTC13I BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To Floyd G. Belsito From Norm . ,Il,1iy, Director . , City Administrator Recreation, Parks and Human Services Subject APPRAISAL/CITY GYM AND POOL SITE Date September 22, 1978 The Huntington Beach City School Board has indicated their willingness to negotiate with the City, at my request, to purchase the City Gym and Pool site through a recent contact with Superintendent S.A. Moffett. I stated in my letter (attached) that the City would be willing to assume the cost of an appraisal since there is none on record and that we would engage one acceptable to the district. Mr. Moffett indicated to me that Mr. Harrison would be acceptable. Mr. Moffett also indicated the school district would be interested in making a trade, after values are determined, of the City Gym site .for our old City Yard. He stated they are in need of a storage yard and our old one would be a good location for their district. If the City is interested in trading the old City Yard site to the district, perhaps we could also have it appraised by Harrison_ so we would have comparable market data to judge the two values. The City' Gym `and school site is 149' x 229' or 34,121 sq. ft. and is zoned CF-E. If it were ever sold for residential development, it likely_ would go R-I. The City Yard site is 1.308 gross/1.036 net acres and is zoned CFC. The general plan calls for . medium high density, residential with oil (R3-0). The current assessed value, 1977-78, is $22,740. NW:cw r I I IL U FY OF HUN I INGI ON BEACH Recreation., Pai-1(s & Human Services Depar-01-lent. POST OFFICE BOX 190 • HUNTINGTON BENCH, CALIFORNIA 92648 • TEL: (714) 536-5486 OFFICE: 2000 MAIN STREET NORM WORTHY Director TOM BUSHARD Park Superintendent . VIVIAN BORNS Superintendent Recreation& Human Services July 19 , 1978 Mr . S . A. Moffett , District Superintendent Huntington Beach City School District 735 Fourteenth Street Huntington Beach , California 9264.8 Dear Mr . Moffett , The- City of Huntington Beach , Department of Recreation , Parks and Human Services , is especially appreciative of your gift in 1967 of Dwyer School gymnasium and swimming pool which was renamed City Gym and Pool for City identification purposes . So much so that now we would like to request that you and your board consider selling us , at fair market value , , the approximate half acre of property the building occupies . Tt is ti.me again to submit projects for Eunding by the Federal Department of Housing and Community Development and we feel this project would be eligible . • Ile are now on the downhill side of our. 20 year ].ease of. the City Gym property and according to the terms of' the lease we could be required , at total. City expense , to remove the structure on 360 days notice by your District indicating need of the land for any purpose . We feel much value remains in the building and we are ready to plough additional funds into reroofing , repainting , recarpeting and general repair, but we would like the assurance that the -City expenditure is a .good investment for our citizens . next page , please . RECREATION IS 'A FAMILY AFFAIR 1 , y Mr . S. A. Moffett - 2- July 19 , 1.978 We would be willing to assume the cost of having an appraisal made on the gymnasium property if your board would be willing to sell the land to the City. Si rely, Norm Worthy, Di. rector. Recreat.Ion , Parks and Eluman Services Department NW: sh encl : City Gym Agreement cc: Floyd G . Belsito , City Administrator &.-'ltecreation and Parks Commission f i:•:t. - �/� a r� 8,31 ' i ' L COPY Master File , 24.9 MU ST BE RETURNED TO CITY CLERK 1 LEASE AND SALE AGREEMENT 2 3 This Lease and Sale Agreement, made in triplicate on the date of .1 4 execution hereof, by and between the STATE OF CALIFORNIA through the 5 Board of Education. of the- Huntington Beach City School District, herein- 6 after sometimes referred to as ".SCHOOL, " and the CITY OF HUNTINGTON . 7 BEACH., a body corporate and politic of the State of California, herein- 8 after sometimes referred to as "CITY. " 9 W ITNE. S S ETH: 10 WHEREAS, SCHOOL is the owner of certain real property improved by 11 a gymnasium and swimming pool building, more commonly known as the 12 Dwyer gymnasium, more specifically described hereafter; and 13 WHEREAS, SCHOOL is desirous of selling the building hereinabove W 14 referred to, but reserving to itself the land for such future use and 8 15 at such future times as the school needs of the District may require and US ° 16I dictate; and Uzi U� 17 WHEREAS , it is the hope and wish of SCHOOL that this facility be 18 made available for the public use of the inhabitants of the City of 19 Huntington Beach and environs for such period as the aforesaid land is 20 not needed for school purposes; and 21 WHEREAS, the City of Huntington Beach desires to use the aforesaid .221 gymnasium and swimming pool as .a recreation center for the inhabitants 23 of the City of Huntington Beach and environs ; 24I NOW THEREFORE, payment in consideration of the a ent of such sums as 251 are set out herein and the performance of such other promises and . 261 agreements as are contained herein, at such times and in the manner 27 specified, THE PARTIES HERETO AGREE as follows : 28 � SALE AGREEMENT 29 , 1. SCHOOL agrees to sell and CITY agrees to purchase that building 30 situated on a portion of the Dwyer -_Intermediate school p-_operty which 31 is located in the City of Huntington Beach, County of Orange, State of 32 California, more specifically defined as the Dwyer Gymnasium Building, RRE:ft rw . I 1 8315 663 1 consisting of a gymnasium, a swimming pool, necessary shower room and 2 locker room facilities, storerooms and office facilities, all located 3 in a single building, which building is located on the north side. of 4 Palm Avenue, in the approximate location of the intersection of Palm 5 Avenue and Sixteenth Street, in the City of Huntington Beach, County 6 of Orange, State of California. Said building is located on a parcel 7 of land separated from the rest and remainder of the Dwyer Intermediate 8 school property by a chain link fence of approximately six feet in 9 height, which surrounds and bounds the aforementioned property on the 10 east, north and west sides of the building, said lot thus enclosed 11 having the approximate dimensions of 229 feet on the east and west .12 sides, by 149 feet on the. north and south sides, said south border being 13 Palm Avenue. . Said sale to consist of the improvements .to the land . 14 only, including such connecting utility lines as presently belong to � � 15 .z'o SCHOOL and are required to provide necessary electric power, gas, water "Jo° oZ 16 and sewage facilities to the gymnasium. :3 17 2. As part of the consideration for the sale of this building 18 by SCHOOL to CITY,. CITY agrees to install, at its sole expense, necessary 19I meters for measuring water, gas, electric power, and other utilities to 20 be used in conjunction with the operation of the Dwyer Gymnasium b the . i J P Y Ym Y 211 CITY, in a manner which has been agreed upon and is. to the satisfaction 221 of the parties. to this Agreement.. 231 3 . Consideration for this purchase shall consist of the sum of 24 $1.00 paid by CITY within thirty (30) . days following the date of execu- tion of this Agreement, the installation of the meters and other measur- 26 ing devices mentioned in Section 2, andthe promise by CITY that upon the 2711 termination of the accompanying Lease Agreement . for the use of the land 281, upon which the said gymnasium sets , CITY will remove or destroy the said 2911 ;i gymnasium building, leaving the land vacant and uncluttered by debris 30 and fit for use by SCHOOL as a building site or for such other purposes 31i as the Trustees of the District, or their successors in interes-; aeem 32 The cost of such removal or destruction will be borne b CITY ii proper. Y i 2 I� , sccK 83 ! 5 664 1 except as hereinafter set out. 2 4. The parties to this Agreement agree that the building is sold 3 in an "as is" condition and no representations of any kind are made by I 4 SCHOOL as to the condition of the building or as to any of the equipments 5 located therein. CITY represents by this document that inspections of g the gymnasium building and facilities have been made by CITY are 7 CITY' s experts and agents. Reports were prepared setting forth the, 8 results of these inspections, which reports CITY has considered prior .9 to entering into this Agreement. 10 5 . SCHOOL represents that there are no mechanics or materialmen' s 11 liens or encumbrances of other kinds against the building, or grounds. 12 LEASE OF LAND j i ; 13 1. SCHOOL .by this document , and in consideration of rents herein- � 14 after reserved and other agreements herein of CITY, to be kept, performed o? 15 and fulfilled, hereby grants to CITY a lease to that property on which oVu 13 o~ 16 the Dwyer Gymnasium is located, . which property is in the City of 17I Huntington Beach, County of Orange, State of California, including all 18 land located within a boundary line so drawn that the chain link fence 19 � separating the gymnasium facilities and grounds on the east, north and i 201. west sides of the building from the remainder of the school property 21I would be contiguous to and on the outside of said boundary line. The 22 curb shall be the boundary on the south side. 23 2. Lessee to have and to hold the above described premises with I� 21II rights, privileges, easements and appurtenances thereunto attaching and seventh 25 belonging for the term of twenty (20) years from and after the fittt day sixth 26 of Tune , 1967 , to the th1tt*juQkt:#e day of June I 27I� 1987 , paying rent therefor, and yielding possession therefor as herein- 28 after provided. 29 3 : CITY agrees to pay SCHOOL for the use of the land annual rent seventh J0 in the amount of $1.00, payable in advance on the 'fft''S°'t* day of June seventh 31 of each year, commencing the iittt day of June , 32 . 1907 , and continuing annually thereafter until the termination of this 3. i BOOK 8315 r u 66 5 1. Lease or any renewal thereof. 2 4. Upon the expiration of the initial period of this Lease, this 3 Lease shall become a tenancy from year to year, with the period to run sixth 4 from the RlWhday of June of one year, to the tht 5 day of June of the year next following, commencing with the seventh 6 fftgt day of June 1987. All other provisions of- this Lease 7 Agreement shall remain the same and in effect. 8 5. CITY shall not use or permit. the premises or any part thereof 9 to be used for any purpose or purposes other than as a community recrea- 10 tional center or for those purposes for which the existing building is 11 best suited. 12 6. CITY shall, at its sole cost, keep and maintain the premises, 13 excluding the chain link fence, in good repair, including the sidewalks, 14 steps, other improvements, etc. 09 15 7 . CITY will hold SCHOOL, and the individual Trustees of the o I CZ 16 Huntington Beach City School District, exempt and blameless from any �o U 17 liability, loss, costs or obligations on account of any damages or injury 18 to any person or to the property of any person arising in any manner out 19 of the use of the premises by CITY, or the condition of the property. CITIN 20 will include SCHOOL and said Trustees as an "insured .party" on a policy li .21 liability insurance carried by it on the Dwyer Gymnasium. 22 8. CITY shall pay for all water, gas, electric power, . and sewage . 23 or garbage service supplied to said premises. CITY shall pay any assess ' 24 ments levied against the property. 25 9. At or near the northeast corner of the Dwyer Gymnasium building 26 is- an electric water pump which provides auxiliary pressure for. the 27 sprinkling system of the Dwyer Intermediate School grounds. It is agreed 28 by the parties hereto that ownership of said water pump will remain in 29 SCHOOL, and further, that SCHOOL shall have the right to enter onto the. 30 leased premises, at its discretion, to repair, adjust, service,. or re- 31 place said water pump or to do anything to the connecting lines necessar , 32 including but not limited to repair, removal or replacement to make the sprinkler system operate in' the manner for which it was designed. I 1 10. CITY shall not assign this Lease or any interest therein and 2 shall not sublet the premises or any part thereof, for any right or 3 privilege appurtenant thereto, without the written consent of SCHOOL, 4 obtained in advance. 5 11. In the event that changing conditions in the Huntington Beach 6 City School District require, in the best estimation of the Board 7 of Education of the Huntington Beach City School District, or its I 8 legal successor,. that the land which is the subject matter of this 9_ Lease be used by said .School District for any purpose. SCHOOL reserves i 10 the right to sooner terminate this Lease upon the following. conditions : I i 11 a.. SCHOOL shall give CITY three hundred sixty (360) days 12 notice of its intent to terminate this Lease 13 . b. SCHOOL agrees to reimburse CITY for the cost to CITY I , 14 of any repairs to the building necessary to make it fit for use 15i� and occupancy for the purposes contemplated by the parties at °z 16 � the time. of entering into this Lease, and completed within 17 �I three (3 ) years of this Lease Agreement , at the following i 18 rate: 19 � Within. three (3) years of the date of this 20 lease, 100% of cost; 21I, During the fourth (4th) year of this Lease, 2'l l� . 70% of cost; i 2631 For each succeeding six-month period, the rate �) o Z`1 of SCHOOL reimbursement will be reduced by 10%. Ij 25 � C. SCHOOL agrees to participate with CITY in the expense of I . 261 . the destruction of the gymnasium building according to the 271 following schedule: 281 Lease termination within three (3) years, 100% of cost; 291 Lease termination during fourth (4th) yecr, 70% of cost ; For each succeeding year, the rate of SCi00L participation will be reduced by 10%. 32 i acc�8315 r,CE 667 1I . d.. CITY expressly agrees that the provisions in subsections 2 a, b and c of this Section shall be the limit of its recovery in the 3 - event of early termination. 4 12. 'In the event of the partial or complete destruction of the I 5 .Dwyer Gymnasium building by fire, flood, earthquake, or other act of 6 God, or by war or other calamity, CITY shall elect within sixty (60) 7 days either to repair or replace the building, or abandon it; otherwise, I� I .8 this Lease shall terminate. SCHOOL agrees to participate in the expense 9 of clearing, the land according to the schedule set out in subsection c i 10 of section 11 of this Agreement. J 11II 13 . If the entire leased premises be taken by appropriation to 1211 a higher public use, under the right of eminent domain, during the i 1131 term of this Lease., this .Lease shall terminate. 1�i 'fII 14. In case, . at any time, default shall be made by CITY in the j 15 !I use, terms or provisions of this Lease, or if CITY shall fail in any ;U U 16i1 of the agreements of the Lease to be kept or performed, then in any or 171' either of such events it shall and may be lawful for SCHOOL, at its i i 1J election, or after the expiration of one hundred twenty (120) days � j 19i1 previous notice in writing, to declare demised term ended, and enter 20i� onto the premises, either with or without process of law, CITY hereby 21I waiving any demand for possession of premises and any and all buildings 221` and improvements then situated thereon. And in such eventuality, j j ; 231 CITY agrees to remove the said Dwyer Gymnasium building in the manner 24 herein aforesaid, or to pay .SCHOOL the reasonable costs of removal 75 '' thereof. i 26 Each of the expressions , phrases, terms , conditions, provisions , ! 27 ;i stipulations , admissions, promises, agreements , requirements and obliga- � 281 tions of this Lease shall extend to and bind or inure to the benefit of 29I not only the parties hereto but to their successors in interest and 301 assigns ; and wherever in this Lease a reference to either of the parties ) 31 hereto is made, such reference shall be deemed to include, whenever i 32 applicable, also a reference to the legal representatives and e::signs of ; .,0 6. 1 �..,,.r-............... . , - . ............. ._.... .. ...Try:A _.._, _. .. .. .. .. ... ._ . ._, . bwo 8315 P,;cE 668 1 such parties, the same .as if in .every case expressed, and all the 2 conditions and agreements contained in this Lease shall be construed I 3 as running with the land. i 4 'I 5I e subscribed their IN WITNESS WHEREOF, the parties hereto hav s s . . 6 names .the day and year first above written. 7 8 CITY OF HUNTINGTON BEACH 9 10I By May jr , CITY 12 I I ATTEST: 141 Cr' I t i�2 15 City er ro 16 G�i I I U 17 BOARD OF EDUCATION OF THE HUNT INGTON i BEACH CITY, SCHOOL DISTPICT 181 ix , 19 ii ,i By . 2111I i 22 II I 231 I 24 II j 25 26 I. - 27 "SCHOOL" 28 29 i 301 ' 3.1 . 32 7. arc 8315 669 STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this filh day of June , 1967, before me, oil as Notary Public in and for the said oun. y a 5 ate, persona Ay appeared IVAN E. LIGGETT, J. C. STEIDINGER9 JACK C. CLAPP$ LEROY ALLEN and ROGER C. ANDERSON, known to the to be members of the Board of Education of the Hunting- ton Beach. City .School District., and known to me to be the persons who executed the within- instrument on behalf of said Board of Edu- cation and acknowledged to me that such Board of Education of the Huntington Beach City School Distric.t .executed the same. .........................w,,.._.,-OFFICIAL SEAL DONNA J. OLDENBURG Notar Public in and for said NOTARY PUBLIC-CALIFORNIA, y ` PRINCIPAL OFFICE IN County and State ORANGE COUNTY My commission expires ...........•...,•......... ....................h................ STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this 6th day of June , 1967, before me, 1'4�17100d A. Berri , a Notary Public in and for said County .and S a e, personally appeared DJ';ALD D. SHIPLEY, known to me to be the mayor land PAUL C. JONE'S, .known to me to be the City Clerk of the City of Huntington Beach, a Municipal Corporation, and known to Ine to be the persons who executed the within instrument on behalf of said city and acknowledged 'to me that the City of j{untipgr ou, paach executed the same. .. ' Notary PuBlic in an qr••s h RECORDED AT REQUEST OF County and City OF HUNTINOTON BEACH My commission .expires Jx 2'xe � -3 .1970 IN OFFICIAL RF_CORDS OF ORANGE COUNTY, CALIF. 9:05 AM J U L 19 1967 i WYLIE CARLYL&I Coneq► Wit& FREE vr•.F�T••4':.-if'+"...,yt...:-.rgL...k:..;...,:,. n.-•.,.y.r•7.rsT__ ., •-.... ... ..» ......, .-.. •__. . .. - .. .. .. .. .. ... R QUE.� r .FOR CITY COUNCIL ACTION Submitted by 60M P orthy, Director Department Recreation, Parks & Hu an Services Date Prepared June 20 11978 Backup Material Attached 0 Yes u No Subject ACQUISITION HAMILTON PARCEL, H.C.P./SB-174 FUNDS City Administrator's Comments Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE: The State Department of Parks and Recreation, which is responsible for administering Senate Bill 174 funds, has indicated all unencumbered funds for local projects will be reprogrammed soon. Huntington Beach is entitled to $81 ,257 this fiscal year based on a population allocation. We have asked for $54,375 based on the estimated purchase price of the 2.5 acre Hamilton parcel in Huntington Central Park of $72,500. Some title problems do exist on the Hamilton parcel and the State has requested us to amend our grant request upward so the City will be assured of receiving its full entitlement. RECOMMENDED ACTION: Authorize the City Administrator to sign the amended SB-174 grant, which changes the requested grant amount from $54,375 to $81 ,257 and total estimated project cost from $72,500 to $108,343 and return to the State Department of Parks .and Recreation no later than June 26, 1978. ANALYSIS: Authorization was given by City Council in February 1977. to obtain an appraisal on subject property. Michael Locke and Associates, SRA, ASA, an independent appraiser, estimated the value of the 2.5 acre parcel at $72,500. A grant application was filed under the Roberti-Z'Berg Urban Open-Space and Recreation Program Act in the amount of $54,375 (75% of estimated cost) for the property acquisition. In December 1977, Negative Declaration #77-124 pertaining to this property was approved by City Council . In that the final negotiated price of the property may be higher than the Locke appraisal , the grant request should be amended to give the City the full amount of their allocation under the SB-174 program. ALTERNATIVE: Do not amend the grant and pay the possible difference in purchase price and appraisal estimate out of Park Acquisition and Development Funds . FUNDING SOURCE: State of California - 75%; City of Huntington Beach - 25% (Park Acquisition and Development Fund) . CITY OF HUNTINGTON BEACH State of California—The Resources Agency J UN 1978 DEPARTMENT OF PARKS AND RECREATION AMENDMENT TO GRANT AGREEMENT RECREATION&PARKS DEPARTMENT Roberti-Z'Berg Urban Open-Space and Recreation Program Grant Amendment No. BG-30-208.1 I (Leave Blank) THIS AMENDMENT to Grant Agreement No. BG-30-208 is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Huntington Beach pursuant to the Roberti-Z'Berg Urban Open-Space and Recreation Program Act, Chapter 3.2, Division 5 of the Public Resources Code. The State and the Applicant, in mutual consideration of the promises made herein and in the agreement in which this is an amendment,do promise as follows: Change amount of grant request from $54,375 to $81,257 and total estimated project cost from $720500 to $108,343 Original Grant Amount S54-175 In all other respects the agreement of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. DPR Contract No. Sn-7n—t?6 (Leave blank) Budget Item No. 777 (Leave blank) APPLICANT STATE DEPARTMENT OF PARKS AND RECREATION i By By Applicant's Authorized Representative Date as shown in. Resolution Date DPR 459 (1/77) y SECTIONXI DISTRICT MAP 34-5-11 k—pe!"-- a1 CITY OF LEGEND .� HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP nn na �. mrtML 3 6 S OA 6 r •lt]VOY dl. q S CF-R (NWrl%MN CENTRAL PARK) aep. 2.5 Ac.A Sa w s• o' Hill I OF r W 3 i W C J O O GARFIELD AVE. tt t• >•A � • l t A DM 37 SECTIONAL DISTRICT MAP 33-5-11 -° ..E.T NOTE: ADOPTED AUOU9T 15. I960 "moo""An IN IEET CITY OF '��` "'Me ENgcor wo em CITY COUNCIL ORDINANCE N0. 765- M Nrt[NOm ro ENt[ND ro TK tort[s or aN]I can or TNN AMENDED OND.NO. ANENDED ORD.NQ LEGEND: ml EINDLE M1110 HIMCENCE DIVIVICT 7-17-71 leas © Ww"V CDNNENcm DISTRICT HUNTINGTON BEACH 6_16_IM2010 ORANGE COUNTY, CALIFORNIA AMENDED BY ZONE CASE: E f3 tE E7 o- RI ` RI e R a 1 RI RI RI �. RI sk I 'o 4F •'3 )P e . 4 3 �4 REQUEST FOR CITY COUNCIL ACTION Submitted by H. E. Hartge-/✓00L- Department Public Works Date Prepared May 9 , 11978 Backup Material Attached xJ Yes No Subject Architectural Design of Water Operations Facility City Administrator's Comments Approved as recommended. L 60/ V Statement of Issue, Recommendation, Analysis, Funding Source,Alternative Actions: �G Statement, of- Issue. Architectural services were budgeted in the 1977-78 fiscal year for the Water Operations Facility at the southwest corner of Garfield Avenue and Huntington Street. These services are now reguired..if Council approves the purchase of land for the Water Operations Facility. Recommended Action It is recommended that the City Council authorize the purchasing officer. to receive proposals from architects for an appropriate design of the Water Operations Facility at the southwest corner of Garfield Avenue and Huntington Street. Analysis The attached sketch illustrates the relationship between the existing facilities and those tentatively proposed for the full development of the Water Operations complex located at the southwest corner of Garfield Avenue and Huntington Street. It is anticipated that the architect retained to design the Water Operations Facility will offer .suggestions which might modify the tenative lay-out shown on the attached sketch. Alternative The Council might choose to delay hiring architectural services; however, with construction costs steadily rising this might not prove beneficial. Funding Source Anticipating the acquisition of the site, the Water Division has budgeted $50, 000 for architectural services in• Account No. 920990 of the 1977-78 budget. HEH:MZ : jy P10 3/78 HUNTINGTON ST, z —+ — - - —1 r-- AREAS ■ EMPLOYEE ' O ' WAREHOUSE f- I-------- I 1�1-- COVERED STORAGE 10,000 SO FT i REMOVE? w VEHICLE PARKING �' rn EMPLOYEE PARKING 24,750 SO FT a 1 ' EQUIPMENT PARKING 18,400 SO FT 1 z O a w PARKING y OFFICE SPACE 11,500 SO FT ■ LL us OPEN STORAGE 21,575 SO FT O , � I VEHICLE PARKING 25,000 gQ ' a Z 1 I Q o ! EXISTING ; a PROPOSED 1 i ; RESERVOIR i PUMP I iSTA.I WATER OPERATIONS - 1 I ; EXISTING i z FACILITY aI I ; RESERVOIR LLi Q Z I a Y W ° a W -----------------� ' i i MAY 1978 w 1 1 ------------- -- ' � Z OPEN 10,000 SO FT I W � I a STORAGE COVERED STORAGE I , - P W I I OPEN STORAGE 6 ------ -----------= SCALE 1�-100' E s E m gm PROPOSED ACQUISITION r REQUEST FOR CITY COUNCIL ACTION Submitted by H. E. Hartge Department Public Works Date Prepared May 8 , 1978 Backup Material Attached Q Yes No Subject Purchase of Land for Water Operations Facility City Administrator's Comments S Approve as recommended. 103 V Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: �G Statement of Issue The City Council at the meeting of Dec. 29, 1977 authorized the preparation of an appraisal and the pursuit of purchase of 3 acres at Garfield and Huntington for expansion of the Water Utility Operations Yard. The appraisal report has been completed and the staff needs approval from City Council to proceed with the purchase. Recommended Action (1) Authorize the purchase of the Garfield-Huntington site at the appraised figure of $527 , 500. (2) Approve the expenditure of $417 ,500 plus escrow cost from the Water Utility Retained Earnings. Analysis The appraisal report from Locke Land Services has been received and their opinion of value is $527 , 500 . The property owner, the Huntington Beach Co. , has indicated their willingness to sell the property at the appraised price. The existing warehouse/headquarter was constructed in 1965 when the Water Utility employeesnumbered 8 and the City population was 64 , 228 . Of the existing 4 . 5 acres, 2 . 5 acres are occupied by reservoirs. Alternatives (1) Do nothing. This is not viable due to the extreme overcrowded condition at the present Yard. (2) Delay the purchase. This would probably increase the purchase price. Funding Source The purchase will initially be funded from the Capital Outlay account in the 1977-78 budget in the amount of,�$110 , 000 plus $417 , 500 from Water Utility Retained Earnings. At the present time there is about $2. 0 million in the Water Utility Retained Earnings. Approximately $220 , 000 should be transferred Plo 3/78 c Request for Council Action May 8 , 1978 Page 2 from the Park and Recreational Facilities Fund to the Water Fund for the cost of the 4. 5 acres formerly occupied by the Water Utility now in Central Park. HEH: jy HUNTFNGTON ST. z i r = ;EXISTNG --? --, --- .�° AREAS - e EMPLOYEE ■ O ' WAREHOUSE ' � F r------- i �� COVERED STORAGE 10,000 SO FT I- I , REMOVE ® U VEHICLE PARKING EMPLOYEE PARKING" 24,750 SO FT ui EOUIPMENT PARKING 18,400 SO FT H Q 9 p r Z i w W PARKING y OFFICE SPACE 11,500 SO FT i U ---------------- ul _-, OPEN STORAGE 21,575 SO FT � l r O 1 VEHICLE PARKING 25,000 SO FT ' 1 ' ~ i ; n EXISTING 1 1 r I ; RESERVOIR i pUMP STA: i (7 I ' EXISTING 4 I RESERVOIR " 1 , ' , Y w d I ' , J - W W /a•//an/�7 /» z OPEN 2 10,000 SO FT 1 C7 w 1 1 n_ STORAGE COVERED STORAGE O , w I 1 OPEN STORAGE >,SCALE 1 100r w \�------ ----------- = / ar>•'>t >oszral;�/aaa �asa /a /� ■s st a a PROPOSED ACOUISITION N LL, a F- w REQUEST FOR CITY COUNCIL ACTION Submitted by H. E. Hartge ��z-'�1c1�" Department Public Works Date Prepared May 8 , 19 7 8 Backup Material Attached a Yes No Subject Purchase of Fujita Property City Administrator's Comments V Approve as recommended. Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: Statement of Issue The City Council at its meeting of Dec. 19, 1577 authorized the preparation of an appraisal of the Fujita property for Police, Fire and Rec. and Parks related needs. However, that action did not include approval to negotiate for purchase.' Recommended 'Action (1) Authorize negotiation for purchase of the Fujita property at the ap- praisal figure of $350,000. (2) Direct staff to process action to declare as surplus the 10 acres, at the Terry Park site and authorize the sale of same. (31 Authorize the . sale .of the old City Yard site (it was Previously declared surplus) . Analysis The appraisal report from Strobel and Byer, M.A.I. of the Fujita property has been received and their opinion of value is $350, 000. We are now in• a position to pursue with Mr. Fujita the purchase of the property; however, an actual offer cannot be made until the funding source is approved by the City Council. Mr. Fujita needs to know our firm position so that he can re- act to an offer of an option to purchase by a leasee. This report identifies the land acquisition and building construction needs on a short to medium (_5 to 15 years) range period and identifies the in- tended source of funding. The land and construction needs are Cl) purchase of- Fujita property for the heliport; (2) construction of an additional building at the Corporation Yard to accommodate items presently stored at Old City Yard; (3) relocation of two steel buildings (#1 & #2) from Fujita property to Central Park for Rec and Parks storage needs; (4) demolition and salvage of building #3 on Fujita property; (5) relocation of the heliport to Fujita property; ^n/ P I O 3/78 � I �-Request for Council Act n May 8 , 1978 Page 2 (6) conversion of building #4 for possible Fire and Police mechanical maintenance uses; and (7) conversion of building #5 for police storage. Cost of accomplishing these needs are- (1) Purchase Fujita property $350,000 (2) Construct building No. "C" at Corporation Yard 155,000 (3) Relocation of 2 steel buildings to Rec & Park site 92 ,000 (4) Demolition and salvage of building #3 35,000 (5) Relocation of heliport (a) Relocate hanger $30,000 (b) Relocate 10, 000 gallon gas tank 12 ,000 (c) Construct landing pad and runway 14 ,000 56,000 (6) Convert building #4 for mechanical 120,000 maintenance (7) Convert building #5 for police storage 24, 000 $832,000 Funds as a result of the sale of possible surplus properties which could be used for the needs listed above could be derived -from the following: Ten acre site at Taylor St. * $1, 050,000 One acre (13-25 foot lots at old City Yardl 500,000 $1, 550,000 Less funds to be reimbursed to Red & Park Facilities Fund for the purchase price of the Taylor site 360, 000 Net available funds $1,19.0, 000 *A legal opinion is forthcoming as to whether the profit of the sale of the land should go into the General Fund or the Park and Recreational Facilities Fund. A future phase of construction projected by the Police Dept. at the Fujita site would be the construction of a new.. helicopter hanger, a new fire garage and the conversion of the existing hanger for storage. This phase would cost about $500,000. In addition to the above expenditures, cost to replace the Lake St. Fire Station must be considered at some point in time. Replacement would cost about $500,000. Funds as- a result of the sales will be placed in the Civic Improvement Fund and the cost of the purchase and construction will draw from that fund. Alternatives (1) Continue to conduct the helicopter operations from Orange County Airport. (2) Abandon helicopter operations. Funding Source See analysis above. The relocation of the 2 buildings for Park and Recrea- tional storage may be eligible for Park and Recreational Facilities Fund. HEH: jy �d SECTIONAL DISTRICT MAP IS 35-5-11 CITY OF LEGEND HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP tT I.. -u a.is 76 as - TALHERT AVE. N C �JJ m CF—R ORAN.E rT (HUNTINGTON CENTRAL PARK) COUNTYTRANSFER STATION - M NTL$ON FORD CF-C (FIRE STA 9TNA-NM FCC. ----- OR AME. i} �, I (FIVE POOR:) . `' C FI FERRO CORP. YAli80R MEDICAL TOWERS PACIFIC HOSPITAL t~/1 NB CONY NOSPRAL uOr VoTSON W -3"MAXEY TOYOTA 2c q}q a = dt t GARFIELD AVE. N PLANNING ZONING DM 3B ; SECTIONAL DISTRICT MAP 34-5-II NOTE ADOPTED' AUOUBT 18. 1980 ALL pIwlR,wwE ARE Iw rtET CITY OF ArT " AOAMIN, ANY RN NI DI rLY -� It"thDID TO CXTEND TO THE LINTER CITY COUNCIL ORDINANCE N0. 7[8 OR NCN RgNT DE ur �IL1'IDLQ Q�.nlZ AMLtlQLOlQQ..MQ. LEGEND JE RtNRNML RY1tI11.MN.019TIIICTj 8-]-1988 9M CON6ND WITH OIL PROCLCTIa HUNTINGTON BEACH ' "°° LGHT IRcaiism WITH�. 12-8-1966 1211 Jf' ® S:NDL[--RE90Ewcc DIaiRICT 2-l-89 157 Yy ® L p00STPIAL-W- DISTRICT T 6.28-70 1579 ® NIGII+AT C-TH OIL DISTRICT ID-19-70 1906 / CDN&KD r�AC DTI 51RURTgN ORANGE C O U N Y, CALIFORNIA 7.17-71 959 ,, COMMUNIST FACRI9E9IRECREAiIONAL10iSTR CT Clnt DISTRICT T 10-10-71 1681. „! PLANNED DEVELOPMENT AMENDED BY ZONE CASE: I-IT-72 1709�p ® 7"FAMIIT RESIDENCE D13TRICT ]10,905,88-8q 69.18.70.9,70-10.71-9,11-26, 17,71-N,7]•20,T�-22,U5,7R-24 2-22-72 17x$$1 ' 10.15-73 1- 1-7-71 1977 9-15-T5 ,i2010 .- 7-6-78 / ✓r2077 't•t� - ti es a•a CENTRAL RM RI RI RI CD r.. RI •6 a RI U ' R1 RI RI RI o g../ RI " S 8 .ETeR �,F—R CENTRAL F.,"A.K1 RI- 0 RI s: M. RA-0—CD (PREZONED) RA-0-CD •COY + (PREZONED) R I RA-O-CD RA-O-CD •hb� .,•R (PREZONED) R -0•CD RA O CD —CD IDIr RA—CD RA-0 RA-0—CD ..Oft m RA-0-CD O ° A-CD ijL a RA—0 E� NII•.I'EI'r 1f,.ED' RA-O-CD i.'yt Of Y �\ MI-02y r ) MI-CD ; ` W R --01 RA 01 0 RA-O-CD S - 0 � RA-O-CD e � Be.•i0T-I Il,l.ad GARFIELD AVE. l•�a t t �1 J� ! City of Huntington Beach P.O. BOX 190 CALIFORNIA 926M OFFICE OF THE CITY CLERK January 24, 1978 Broadmoor Homes, Inc. 11500 Red Hill Drive Irvine, California 92714 Attn: S. Reid Gustafson, Vice-President Gentlemen: Enclosed is a copy of the recorded "Irrevocable Offer of Dedication" in connection with Tentative Tract No. 6675 and consented to by the City Council on October 17, 1977, with the stipulation that said dedication will be rejected. If you have any questions regarding this matter, please contact the Planning Department, 536-5271. Sincerely, Alicia M. Wentworth City Clerk AMW:CB:bt CC: Ed Selich, Planning Director From the desk of: CONNIE BROCKWAY City Clerk's office 536-5226 J�4 al l� �r 96� • CITY OF HunTinGTon BEACH DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES • P. 0. BOX 190, HUNTINGTON BEACH, CALIFORNIA 92648 (714) 536-5271 TO: Floyd G. Belsito, City Administrator ! , 0 /� FROM: Edward D. S_elich, Planning Director 6 OS/1 DATE: October 7, 1977 RE: TENTATIVE TRACT NO. 6675, A 264 UNIT PLANNED RESIDENTIAL DEVELOPMENT - "IRREVOCABLE OFFER OF DEDICATION" STATEMENT OF PROBLEM: The residential project described above cannot proceed without resolution .of the ownership of a public access beach which was required by the California Coastal Commission. The Coastal Com- mission mandated that the beach be dedicated to the City,."however the City has refused the dedication because_ of liability and-_. maintenance costs . ---- -- - ��` RECOMMENDED ACTION: The Planning Department recommends that the City Council consent to the recordation of an irrevocable offer of dedication of the beach with the stipulation that the dedication will be rejected. This legal procedure will satisfy the Coastal Commission' s require- ment and has been endorsed by their legal staff. ANALYSIS: The City Council at its September 6, 1977 meeting approved Final Tracts No. 10004 and No. 9738 which provided for the recordation of the 264 unit planned residential development located on the northwest corner of Pacific Coast Highway and Admiralty Drive. It was stipulated on the approved map that the public beach dedi- cation would not be accepted by the City even though the Coastal Commission so conditioned in its approval of the project. The City staff felt that the benefit to be received from the 12, 000 square foot beach did not justify the costs of liability and maintenance of the small facility. Subsequent to this determination of not accepting the beach, the Coastal Commission determined that an irrevocable offer of dedi- cation, pursuant to Government Code Sec. 7050, would satisfy the condition. Such an offer was deemed satisfactory because the permit holders and successor in interest would irrevocably be bound by the offer from the time the- offer is recorded . Such an offer would also satisfy the .City because the statute procedure does not require the City to accept the dedication itself and liability for and maintenance of the beach, but only requires the City to consent to the offer. r Page 2 The :staff has reviewed the attached offer of dedication and feels that it is a reasonable solution to the impasse of conflicting governmental development requirements . It should be noted that unless the condition on the beach can be satisfied through either the acceptance of the dedication or the consent of an irrevocable offer of dedication, the Coastal Com- mission will revoke their permit on the project which is currently under construction. Respectfully submitted, a4466Q �' Edward D. Selich Director . EDS:JMC: ja Attachment C. CP l/ T � C % r s � V G \ cl, > e SCALE W RET �. C4 • TENTAT-IME :TRACT 6675 J, 1W11TWG M BEACH OM. j� RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: IRREVOCABLE OFFER OF DEDICATION For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged and pursuant to the pro v sions of Section 7050 of the Ca/ Govern- ment Code, th undersigned, Broadmoor Hom s, Inc. , a California Corp ration, does hereby i "revocably offer to , Irl dedicate to the C y of Huntington Beach chdt certain real Y g property (the "Dedic ion Pro ert/) located in the City P P /'Y Y of Huntington Beach, Co ty 0f/Orange, State of California, more particularly describe as Lot C of Tract as shown on a map recorded in s Boo Pages to , inclusive of Miscellanel Ma Records f Orange' / Maps, ecor ° g County, California. The foregoing irrevocab e offer to dedicate shall be binding uponroadmoor Homes , nc. , and its successors in interest to the Dedication roperty. The undersigned, Broad/moor Homes , Inc. , agrees a d acknowledges l that the fore7,ing offer is irrevocable and ma be accepted by the City of Huntington Beach at any time foll wing the date hereof/ IN WITNESS WHEREOF, the undersigned has executed this Irrevocable Offer of Dedication as of the day of 1977. - i i BROADMOOR HOMES, INC. a California corporation/ By ZCONSENT In accordance with the rovisions of Section 7050 of the California Government C � hundersigned s t e does hereby consent to the forego/ing irrevocable offer of dedication. The undersig/ed also agrees that it will not release the offer of dedication ication without the prior approval of the South Coast e onal Commission so long as such Commission exists under the California Coastal Act of 1976 . CITY OF HUNTINGTON BEACH By Mayor . ATTEST: City Clerk -2- aK 1253CPG 74 RECORDING REQUESTED BY AND RECORDED IN OFFICIAL RECORDS WHEN RECORDED MAIL TO: EXEMPT OF ORANGE COUNTY, CALIFORNIA CITY OF HUNTI14GTON BEACH C 9 9:05 A.M. JAnf .13 1.97$ CITY PO BCLERK'S OFFICE J.WYLIE CARLYLC County Recorder HUNTINGO.'ON BEACH, CA 92648 . (Space Above This Line for Recorder's Use) This docLuent is solely for the official business of the City of Huntington Beach, as contem- IRREVOCABLE OFFER TO DEDICATE plated under Government Code Sec. 6103 and should be recorded free of charge. WHEREAS, Broadmoor Grimaud, a California limited partnership (Owner) is the record owner of the real property located within the City of Huntington Beach and described as Tract No. 10004 as shown on a map recorded in Book 418, pages 1 to 4, inclusive, of Miscellaneous Maps, Records of Orange County, California and WHEREAS, the California Coastal Zone Conservation Commission, South Coast Region, acted, and its successor, the California Coastal Commission, South Coast Regional Commission (Commission) are acting on behalf of the people of the State of California; and WHEREAS, pursuant to the California Coastal Zone Conservation Act of 1972, .sections 27000 through 27650 of the California Public Resources Code, the Owner' s predecessor in interest made application to the California Coastal Zone Conservation Commission, South Coast Region, for the issuance of a permit for a development on said parcel of real property; and WHEREAS, said permit was granted on October 18, 1976 by the Commission subject to the following condition: "5. that the applicant shall dedicate to the City of Huntington Beach the 12,150 sq. ft. beach at the main channel. . . . . . . " and WHEREAS, the Owner is advised by the Commission that it placed the above condition on the permit granted because a finding had to be made that the proposed development was in conformity with the California Coastal Zone Conservation Act of 1972 and in the absence of the above condition such finding could not be made; -1- I BX 1253CPG 75 S NOW, THEREFORE, in consideration of the granting of permit Nos. P-9689 and P-9690 to the Owner's predecessor in interest by the Commission, the Owner hereby irrevocably offers to dedicate to the City of Huntington Beach for public beach purposes that certain real property described as Lot A of Tract No. 10004 as shown on a map recorded in Book 418, Pages 1 to 4, inclusive, of Miscellaneous Maps, Records of Orange County, California. The foregoing irrevocable offer is pursuant to the provisions of Section 7050 of the California Government Code, and shall be binding upon the Owner and its successor in interest. IN WITNESS WHEREOF, the undersigned has executed this Irrevocable Offer of Dedication as of the 5th day of January 1978 . BROADMOOR GRIMAUD, a limited partnership By: BROADMOOR HOMES, INC. , a general partner By: S. Reid Gustafson Vice President By: CONSENT In accordance with the provisions of Section 7050 of the California Government Code,.. the undersigned does hereby consent to the foregoing irrevocable offer of dedication. The undersigned also agrees it will not release or abandon the Offer of Dedication without the prior written approval of the Commission or its successor. CITY OF HUNTINGTON BEACH By: Cat. --- - --- ATTEST:------ -- -- _._ ---- --------Ron Shenkman`:--_ -- Mayor Pro-Tempore _Alicia M. Wentworth City Clerk -2- 1 Blt 1253CPG 76 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On January 7. 1978 before me, the undersigned, a Notary Public in and for said State, personally appeared S- Reid Gustafson , known to me to be the Vice President, and John B. Sauer known to me to be the Secretary of BROADMOOR HOMES, INC., the corporation that executed the within instrument and known to me to be the persons who executed the within instrument on behalf of said corooration, said corporation being known to me to be a general partner of BROADMOOR GRIMAUD, the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. ......... .......................................+. _ OFFICIAL SEAL Signature BETTE J. FAZEKAS _ _M Notary Public-Californ ORANGE COUNTY My Commission Expires Dec. 18, 1979 BetteJ. Fazekas ................................................................... Name (Typed or Printed) �- C,c BEACH SITE. 4 c; time \ a C,yI _ %l } 17cp ti Pow t. } c to:_ c�a TENTATIVE TRACT 6675 nl,�ri��CrO♦DE�CM HUNTINGTON BEACH PLAgrINIG DIPT. a i .i Puulished,Huntingtgn Beacni News, Nova y 24, Dec.'1 .Dec: 8, Dec. 15, 1977.; V® ®tea i SUMMONS IN EMINENT DOMAIN � (1l 6� ��ee N 0: 264150. Superior Court of Ahe State of dalifernia• For theCounty of Orange• State Of California CITY OF. HUNTINGTON BEACH, a Muni- County of Orange Ss cipal orporation; Plaintif4, vs, THE City Of Huntington Beach ))) =HEIRS.AND.DEVJSEES OF T:E1. WELLS„ DECEASED ' T A. WELL'S, DECEASED, George Farquhar, being duly sworn on oath, says: That he is a AND�rALL, PERSONS CLAIMING. BY;z citizen of the United States, over the age of twenty-one years. THROUGH,OR�,gNDER.s�:rD'DECEDENT; That he is the printer and publisher of the Huntington Beach ETiiEL:.G..LIBBY, HENRY F. L`IB'BY: RU' News, a weekly newspaper of general circulation printed and pub- B!frl DOBKI•N. IR'ENE DOBKIN: FORTU- lished in Huntington Beach, California and circulated in the said NQ^INA STROMBER E HAIL zE LEGR Ii 1 8.4,IFIC .'I'ELEPHONE'aAND TELEGRP,PH County of Orange and elsewhere and published for the dissemination COMPANY 'AND-t)POES I THROUGH XX.. of local and other news of a general character, and has a bona fide inr`a�we,'Defendants; subscription ;list of paying subscribers, and said paper has been NOTICE! F o,u.;,have been sued The established, printed and published in the State of California, and "court may decide against -you without.; Count of Orange, for at least one year next before the ublication your tieing Howard unless you respond, Y g Y P ;within. 30,;days. Read' the information of the first insertion of this notice; and the said newspaper is not below. devoted to the interest of, or published for the entertainment of any PEoP Et. of THE STATE.OF CALIFO'R; particular class, profession, trade, calling, race or denomination, or NIA TO THE ABOVE-NAMED DEFEND- I ANTS: any number thereof. -A civil_ complaint_-has been fi'.ed bl" The Huntington Beach New was adjudicated a legal newspaper !the plaintiff. against you. If you wish to of general circulation by Judge G. K. Scovel in the Superior Court defend. this. lawsuit, you must file in of Orange County, California August 27th,-1937 by order No. A-5931. th's tour- a written pleading in response to..the complaint.within th'rty (30)"days after this Summons is served upon you. I SU141IONS IN EMINENT DOMAIN Otherwise, your,default .will be entered.f That the on application-,by the plaintiff and the. CC court may enter a.judgment against:you for the relief'.requested in the complaint.' 'The ,obiect of: said.action,is to con- of which the annexed is a printed copy, was published in said news- demn real property. orJnterest in.real.' property for public use; namely, the im orovement and widening g 'of a public.. paper at least four Issues street. The real property',or interest in 'real property affected by said action and, commencin from the 4 th day of TT sought t prell'acquired is, situated 'sane g i? � y .-.OVeII1bP,r cent to.Forelle Drive in the city of Hunt- ington Beach'," county of: Orange; state December of California and Js, more particularly 19�, and ending on the day of described'as "That portion of S.ection'36, Township, 5 South; Range 11 West; in the Ran- ` 1977 both days inclusive, and as often during said period and f. rho Las'•Bolsas,-City oi' Huntington times of publication as said paper was regularly issued, and in the Beach, county of Orange, state` California, as shown on a.map re- regular and entire issue of said pewspaper proper, and not in a corded in Book 51" Page 13 of Mis- supplement, and said notice was published therein on the following cellarieous Maps; in'theoffice of,the dates, to-wit: County Recorder of'saiWcounty. The west,15.00'feet of the.north 17.00 fee.t:of the southwest:one-quarter�of Noy- 24, Dec_ 1 -Dec, 8 , Dec. 15 , 19 ! / the southeast one=quarter of the- ncrthwest one-quarter of-said Section 3$:YOU ARE HERIEBY,' NOTIFIED.TO AP- PEAR and'-show°cause;,if-any you have; ° why the seid•property should not-be con- de mned as prayed•farin the complaint 'on,'file 'in'the above entitled.proceeding. Publisher iF YOU' WISH TO,,SEEK THE ADVICE 15th OF AW ATTORNEY- IN THIS: MATTER; Subscribed and sworn t0 before me this day of YOU SHOULD .DO SO"'PIiO,MPTLY S^ THAT.YOUR'PLEADING,•IF,•ANY; MAY,BE FILED ON'TIME. December 19-7- :''DATED.'.March 11, 1977. f WILLIAM E;ST.JOHN, Clerk 7Uf�_Y by,AUcia.T. Arriola.Deputy, Notary Public Don : Benaa,.City Attorney~ Orange County, California �'ity of.Huntington Beach .O;Box,190 Huntiogtor.'°Beach, CA 92548.'e° THOMAS D. WYLLIE i Nodary Public-California 11 Orange County i iMy Commission Expires i _____ September 12, 1978 i --------------------=-----� f City of Huntington Beach County of Orange State of California Jffidavitof Publication of GEORGE FARQUHAR Publisher Huntington Beach News Filed Clerk By Deputy Clerk T4o4z M Ile - Afl.01,; Publish: ll/,,/77 ; 12/1/77; 12/3/77; 12/15/77 Provide affidavit after final publication. SUMMONS IN EMINENT DOMAIN NO. 264150 Superior Court of the State of California For the County of Orange CITY OF HUNTINGTON BEACH, a municipal corporation, Plaintiff , vs . THE HEIRS AND DEVISEES OF T. A . WELLS, DECEASED, T. A. WELLS, DECEASED, AND ALL PERSONS, CLAIMING BY, THROUGH OR UNDER SAID DECEDENT; ETHEL G. LIBBY, HENRY F. LIBBY, RUBIN DOBKIN , IRENE DOBKIN, FORTUNATINA STROMBERG, HAIG ZEROUNIAN , PACIFIC TELEPHONE AND TELEGRAPH COMPANY, AND DOES I THROUGH XX, inclusive , Defendants . NOTICE! You have been sued. The court may decide against, you without your being heard unless you respond within 30 days . Read the information below. PEOPLE OF THE STATE OF CALIFORNIA TO THE ABOVE-NAMED DEFENDANTS: A civil complaint has been filed by the plaintiff against ,you . If you wish to defend this lawsuit , you must file in this court a written pleading in response to the complaint within thirty (30) days after this Summons is served upon you . Otherwise , your default will be entered on application by the plaintiff and .the court may enter a ,judgment against you for the relief requested in the complaint . The object. of said action is to condemn real property or interest in real property for public use ; namely , the improvement and widening of a public street . The real property or interest in real property affected by said action and sought to be acquired is situated adjacent to Forelle Drive in the city of Huntington Beach, county of Orange, state of California, and is more particularly described as : i -2- That portion of Section 36 , Township 5 South , Range 11 West , in the Rancho Las Bolsas , City of Huntington Beach , County of Orange , State of California, as shown on a map recorded in Book 51, Page 13 of Miscellaneous Maps , in the office of the County Recorder of said county.. The west 15 .00 feet of the north 17 .00 feet of the southwest one-quarter of the southeast one-quarter of the northwest one-quarter of said Section 36 . YOU ARE. HEREBY NOTIFIED TO APPEAR and show cause , if any ,you have , why the said- property should not be condemned as prayed for in the complaint on file in the above entitled proceeding. IF YOU WISH TO SEEK THE ADVICE OF AN ATTORNEY IN THIS MATTER, YOU SHOULD DO SO PROMPTLY SO THAT YOUR PLEADING , IF ANY , MAY BE FILED ON TIME. DATED: March 11 , 1977 . WILLIAM E. ST. JOHN, Clerk by Alicia Ti Arrioja, Deputy Don P. Bonfa, . City Attorney City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 . THE CITY OF HUNTINGTON BEACH Recreation, Parks & Human Services Department POST OFFICE BOX 190 • HUNTINGTON BEACH, CALIFORNIA 92648 • TEL: (714) 936-9486 OFFICE: 2000 MAIN STREET NORM WORTHY _Lt Director - TOM BUSHARD x / �`G� J4-4) Park Superintendent VIVIAN BORNS Superintendent Recreation& Human Services TO : Floyd G. Belsito , City Administrator FROM: Norm Worthy, Director of Recreation, Parks and Human Services DATE: December 5 , 1977 SUBJECT: NEGATIVE DECLARATION #77-124 WILLIAM J. HA?4ILTON PROPERTY PHASE III , H. C.P. STATEMENT OF PROBLEM: A Negative Declaration is required to be filed with the Department of Recreation and Parks , State of California, in conjunction with this proposed acquisition of a 2 . 5 acre parcel contiguous and south of Taylor Street (private) and known as the William J. Hamilton Property, (see map attached) RECfflIPIENDED ACTION: That City Council approve Negative Declaration number 77-124 pertaining to the Hamilton property (2 . 5 acre) in Huntington Central Park, allowing Roberti-Z 'Berg open-space funds in the amount of $54,375 to be granted to the City of Huntington Beach to acquire subject parcel. ANALYSIS : On February 22, 1977 , authorization was granted through the City Administrator' s office to obtain an appraisal for the subject property. Michael Locke , A. S.A, , S.R.W.A. , an independent appraiser, prepared an appraisal report which reflected a total fair market value of $72 , 500 for the 2 . 5 acre parcel. A grant application -has been filed under the Roberti-Z 'Berg Urban Open-Space and Recreation Program Act for the amount of $54 , 375 for the property acquisition. next page , please . . . . . . RECREATION IS A FAMILY AFFAIR M ...® �d _ ' iTV d THECITY OF HUNTIN N,BEACH Recreation, Paiks�8� Hu 1 an�s�e`r�vto Department POST OFFICE BOX 190 • HUNTINGTON CALIFORNI-A 926'48` • TEL 7-1=536 6 \N. OFFICE: 2000 MAIN STREET =a NORM WORTHY , : Director TOM BUSHARD v ----— Park Superintendent 1` VIVIAN BORNS J� /� ► y� f 1 Superintendent Recreation& Human Services TO: Fl Belsito , City Administrator FROM: Noog rthy, Director of Recreation, Parks and Human Services DATE : December 7 , 1977 SUBJECT: "OLD TOWN" PARK ACQUISITION/EMINENT DOMAIN STATEMENT OF PROBLEM: The City Council began acquisition of a 5+ acre l neighborhood park between Huntington and Delaware Streets 500 feet south of Yorktown Avenue known as "Old Town" park in April of 1977 with the purchase of the 1 . 75 acre Cal Trans parcel . A second 1 . 1 acre parcel was negotiated with Foxx Development Company and included in a trade for surplus Terry Park acreage . Our staff negotiating team has failed to reach agreement with the property owners of parcels number 14 , 15 and 16 of block 2203 of the East Side Villa Tract (65 , 340 square feet per 1 . 5 acre) . Since agreement could not be reached partly because of. a cloud on the title relating to right of surface entry for oil extraction purposes and partly because of the need to retain a storm drainage basis , the negotiating team felt the value of the three proper- ties could best be resolved by the court . RECOMMENDED ACTION: That the City Council adopt the attached resolution to acquire property parcels number 14 , 15 and 16 of block 2203 'of the East Side Villa Tract (65 , 340 square feet per 1 . 5 acre) for public park purposes through the power of eminent domain. NLW: cgs RECREATION IS A FAMILY AFFAIR DELAWARE "Ol v 7 vWA N PARY SITE 00 70.75' 6Z8z" 67.77 Z96 " moo' I i32' 32 5' ZS' „ 3 TR CT O O O ` . EAST S/D l/lL L A a 6 O/2 i/3 /44 .R.zo Lu i 9 k ss' /0ALLEY A . g 5v ,�53.92'. 0 O o 105 AC.8 g3; ° N' ` �a N 04 zc BLK 65 B K. 2304 t n a d m W O O O O O /5 AC. o 0�� Q 0' R' O I 31.02 66.40 7° 53.92� 66 60' ._ WHITESANDS DRIVE h r _$O' Ma.3y' = . CAL/FORN,,. iL bo' S6.o6' •r \6 53.91' 61'' GS' 42' _ 60.13' 6c•- '4 o - 71 TRAC PAR. / PAR.2 22 O _ 21 a P. M. 9/-32. o _ r NO. 8 7/ ti BL 03 BL 203 PAR. 4 8 0 - 43 6 16 15 14 I3 12 B 60.06, 9- BL K. 2403 ' . .•� a /.06/ AC. PAR.3 PAR. A C37 O /./4 AC. TRACT 62, 45' /4W 45' 3 i32 132' nv -' HUNTINGTON to tQ IAMArr DOM A1 M. 3 , 02 WU • r. THE CITY OF HUNTINGTON_ BEACH v Recreation uman er� Parks H �s � . ices De pa _ merit POST OFFICE BOX 190 • HUNTINGTON BEACH, CALIFORNil 92648 �• TEL (714) 836 8486 OFFICE: 2000 MAIN STREET NORM WORTHY Director TOM BUSHARD Park Superintendent 1 VIVIAN BORNS Superintendent Recreation&Human Services TO: Fl Belsito , City Administrator FROM: No � thy, Director of Recreation, Parks and Human Services DATE: December 7 , 1977 SUBJECT: Sunset Heights Neighborhood Park Acquisition/Eminent Domain STATEMENT OF PROBLEM: The City Council began acquisition of a five (5) acre neighborhood park at Lynn and Pearce Streets in the Sunset B Heights area of Huntington Beach in August of 1976 . A majority of the property has been acquired through negoti- ation but the remaining 0. 78 acres of small lots cannot be reasonably negotiated based on prior acquisitions and current appraisals of value . A resolution has therefore been prepared to acquire the remaining lots through the power of eminent domain. RECOMMENDED ACTION: That the City Council approve the attached resolution to acquire by eminent domain lots 30 , 32-41 , 72-74 , 90-99 , 100 , 119 and 120 in Tract 185 in the City of Huntington Beach, Sunset Heights area for neighborhood park purposes . _ NLW: cgs Enc . : Map of Tract 185 -3 RECREATION IS A FAMILY AFFAIR 178- 19 20 r?s�1N5 TPA CT i2o 1 ro3l-!`•/' __J1 111/--O---- '11R?---- -`at ___ --'Jr i 70 'a 44 4 ♦9 ' 4 `11aa73 e ?6 al JO a 'aJ 46 2 46 94 6 - - - 3 ---- a l41 149/ oQa ttf1! s,I 23 O e aI 0/ 116 __- 1?3 Ua0 /49 1 1 1 1 ' O ' 1 la 3'3------ `�------ 72------ ✓�----- r 12j----- i, /. •: r- - -• - •'- ----- � II IS n 51 9------- rl 1 .41----- s 61. `� - to rQ< ---- " `11 17 �J ' - �. Z 9 16 JJ a 7 61 �91 ___ .BB s � so• - -- -- '�f----- `� i 16 1 1 y 1 � 1 35 �' rp r3 JI V9 B 63 91 'B7 96 N1 •:JO_---_ rJ3 1 / OI 2 10' 1 'r • JJ :38 9 62 9J B6 �O7 '1/O 131 /Ja J1J3 ti� __ _____ ___ _ •1 r! Tj7 _ _______ ______ _ ______ ______ ___ .M 6/ IEI - 95- r:.d /09 ---- /32----- Tom----- /5�---- t 4 1 9 Q j 17 1 24 Q NQ 1 185"* ` 1 $L YNN i STREET — Q � n !8 F d1ARCH 1971 TRACT N17 185 Y M. 12-28 NOTE ASSESSOR'S STOCK 8 ASSESSORS MAP :MARCH 1975-76 PARCEL NUMBERS EOCK 178 PAGE 19 SHOWN IN CIRCLES COUNTY OF ORANGE ,O 393 RECEIVED ' CLERK "!r F 11UNTiNG ni 3EACH.CALIF"' 977 Dr*-C 6 AM 11 : 1 6 December 1, 1977 City Clerk Post Box 190 Huntington Beach, California 92648 He: Notice of Intention to Acquire Property by Eminent Domain Dear Sirs: I request an opportunity to address the City Council before it considers the resolution of necessity re : my property. This is my written request to appear. The date of the hearing is December 12, 1977- Sincerely yours, Ms. Eliz beth Boyer 8367 Blackburn Avenue Los Angeles, California 90048 � CITY OF HUNTINGTON BEACH AN -7 0 INTER-DEPARTMENT COMMUNICATION / HUNTINGTON BEACH To Floyd G. Bel s i to -` i From Norm Worthy Subject HAMILTON PROPERTY ACQUISITION Date August 29, 1977 STATEMENT OF PROBLEM: There is a need to acquire a 2.5 acre parcel of property contiguous and South of Taylor Street (private) owned by the Hamilton estate 660' west of Golden West Street in Phase III of Huntington Central Park (see attached map) in order to enable the City of Huntington Beach to properly develop property currently owned on three sides of subject parcel for recreational activity. RECOMMENDED ACTION: That the City Council approve the attached Resolution as required under the Roberti-Z'Berg Urban Open-Space & Recreation Program Grant Fund, for acquisition of 2.5 ac. parcel known as the William J. Hamilton property for a public purpose as an addition to the Huntington Central Park. ANALYSIS: On 2-22-77, permission was granted through your office for an appraisal of the subject property. Michael P. Locke, A.S.A. , S.R.W.A. , An independent appraiser prepared an appraisal report on 4-27-77, which reflected a total fair market value of the 2.5 acre property at $72,500. FUNDING SOURCE: $5 ,375 State monies (Roberti-Z'Berg Grant) $18, 125 Park Aquisition & Development Fund, City of Huntington Beach 6-3 { -,c•r -x }set G' vL � I� ti�l4 CITY OF HUNTINCTO! BEACH: '`INTER;DI:PkkRfiMENT COMMUNICATION - - _ HUNTINGTON BEACH To F. G . Be 1 sor thy City Admvn �slt,r.a.tor � k' , Y, `f �4r "irector„fRecr.e.ati.on , Parks Serv-ices Dept Subject told .Town"':park acg61si.tionrby Date►` Apri '1', 11 ,;- 1977 eminent 'domain (°Resotu Our ,staff 'ne,got iat ing,; team has` fai'ledtoreach41agreement> with the- pro"perty. . owners of paycels �25` 07 0"8 ( 1" 1 ac;) and `"#25 0:7.- 17 Mr . Jim Foxx and .Mr . Joseph & ,Si,1%v'a °fo`r acquisition',of..their land: in. the "Old Town" neighborhood par An appraisal .of ,SubJecf parcels , r --1, t including a compaete.:e.ngineeringtrstudy , {was performed aiid' many 'n'egot.i;a ' t i n g sessions head 'witfiFOXX Since an agreement could notr be reached-,"�partly,,;b:d,use `of:`.a ' claildtr�on. ' the title of the. Silva; property{rel°a�tin}g for r.'..ight of. surface entr-y for oil extraction purposes by a=,t�h#ird :pa'�ty , both Mr Foxx and theF�: staff ne.got i at i ng .team felt `the vaayyues<:oft tFie two 'pr"opera i es- could best be resolved" by ' the court "Attached are the l ega 1 no ',� ces rof' `� nten;t i on to }aequ .=re t-he .afore men t i oned -p ro per ty by eminent` doma,i n .NThae -,r.u1`es r,equ i re a pub l• i c*. heara=ng be set with the .prope;rty owner's SO 'iL�ot i ffi ed' 10 days i n ' advance. They have the right to - appear a'nd be{ heard O,ff� tihe matter. i f ..they_ f i`le a written request -wi•t.hIn 1S days„ upon `re'c;eipt' of the :not + ce:. RECOMMENDATION : Adopt Reso1uti.on : No yy4�acquiring- the two properties descr i bed 'i n 'the attached em i:nen-t :'.doma..i n not-i ces 1-i st i ng. as owneris , Jim Foxx and Joseph A Silva , for' pa:rk purposes through application of - eminent domain in the "Old Town" ne,i:ghb;orhood . r# NW/ms x . . cc : Recreation & Parks . tomm ssion jlJ. r 4 # 5 1 T �L h . F rJu City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 CGS 3(oa ENGINEERING DEPARTMENT February 8, 1977 APPROVED BY CITY C®UNGUt Honorable Mayor and City Council City of Huntington Beach ciY c& Ag- Attention: Floyd G. Belsito City Administrator Subject: Purchase of Street Right of Way for Hamilton Ave. Improvements, CC-360 Dear Council Members: In order to construct the Hamilton Avenue street improve- ments, CC-360, the City must obtain an easement from Mr. Eugene Rohrs, located on the south side of Hamilton Avenue east of Brookhurst Street. An appraisal by Locke Land Services indicated a value of $4,800.00 if the land is acquired in fee. This office has negotiated for the land with Mr. Greene (attorney for Mr. Rohrs) and have settled on $4,800. 00 as the purchase price for this land. The cost for this easement will be financed from City Gas Tax. It is, therefore, recommended that the City Council approve this settlement and authorize the Finance Department to prepare a check for the indicated amount. Very truly yours, eH. E. Ha Director of Public Works HEH:WEH:jy i PL'ANNING ZONING DM 19 ^SECTIONAL DISTRICT MAP • 17-6-10 NIDD `, NOTE l ITV O�11 j ADOPTED_AUGUST IS,1960 ax.+c.1.1 m E.rExo T O T.E CE.�. ■Y x of Suu. CITY COUNCIL ORDINANCE N0' 766 LEGEND: AMENDED ORO.NO. AMENDED ORD.NO. HUNTINGTON BEACH 2_I9-62 6,D � 6-4-64 1066 TIES—, . RAL Dv. 9-20-66 1156 Em CDMMuw,TT euslREss DISTRICT [I�1 MMDLL FW0.T RESIDENCE DISTRICT e-16-6} 1243 rM 146NRn COMMERCIAL DISTRICT 4 IT-67 j ORANGE COUNTY, CALIFORNIA �, LIMITED MUD L LTE TAM Lv RESIDENCE DISTRICT AMENDED BY ZONE CASE: 9-5 -67 1345 221.416.522,66.25,66-70,67-2.67.9.67-19.66-5,66-22 9.20-66 1411 . I6-e0 Is46 SUFFIX LEGEND -O- CDASIKD—OIL —..� SLT6ACY LINE .1 A A T L A N TA AVE \-IC J''-_-... - _—. .. . BANNING PL JOANN ST O C RA-6 RI Inw 3 DAMA M ;,m ' CARRELL 5T RI IV0 WIl50N ST IE RI RI CAPITAL ST 1E=l C RA-0 / SENATE S�T1• W F .M.A.L O CONGRESS ST I. G rL GOVERNOR ST :3 I� C VI C4 VICTORIA 1 ST Of w u > R o > > Y > < O O O `I U I W T Z -NAMIL > HAMILTON ST r.LENEAGLE -F - OwK ST ITER W LINDEN FL It j F < per, TER < m o Ir f�J1 - '\ GROVE Pl z 1 _ CITY. OF NEWPORT BE ACN R Q < I $ i Q ° yo II H EV EPGaEEN PL Z S I O I�\ DOGWOOD ST I J CEDAR ST A OR ST T C IV Of COSTA MESA C I ET STRIP IN CITY OF NE WPOR B ACM � L, I .f i•r A. w A P.♦Y124-143-02,03,04 Order No. Escrow No. BI 11912PG 199 EXEM Loan No. C1 `.,. RECORDED AT REnUESTV' .- 14 FIRST AMIK TITLE INL CC. WHEN RECORDED MAIL TO: IN.OFFICIAL RECORDS OF 1+ +t HY, OJZANSE COUNTY,CALIF. City of Huntington Beach y x "' MAM' OCT Office of.City, Clerk LWnlECARLYL$Cotto�stxadlr P.O. Box 190 '4 fi Huntington Beach, California 02648 +SPACE'ABOV .TNI I E FO't'R O D`RB US MAIL TAX STATEMENTS TaTax.Exeetpt QOYORIIIt011tnYDocUMENTARY TRANSFER City of Huntington B®SI',II +' COMPUTED ON FULL VALUE OF PRDPERTK CONVEYED' An61s M"� � `� �r COMPUTED ON FULL,VALUE LESS LIENS AND -• Same as above #f;� ENCUMBRANCES REMAINING 'A? TIME-OF.SALE 77 puty City Cb c ,' 'Sipneturs o Declarant or, "Ape determinin9 tax ,Flan Neme De CORPORATION �QUITCLAIM DEEP . FOR A VALUABLE CONSIDERATION, receipt of'which' is:hereby acknowledged Huntington Bladch r Company, b - a.corporation.organized.under the laws of the State of �, California .doesFiereby,. REMISE,RELEASE AND Q UI T C LA IM , to the City'`Of Hunting;to.n B28C}1 T. the real property in the City of Huntngton;'Beach County of Orange A:1. State of,Califomie 'described as Lots 16, 18, 20, 22, 24 .and 26, in Block 304'of Hunt•ir gton.Beach,.' as shown on: a map recorded in Book' 3, '::Page'.36 of Miscela'neous..Maps, Records of Orange Count g y, .Calf.ornaa; under and: by. virtue.. of .the: covenants and restrictions appearing'.,'in.;those certain' deeds. from the Huntington Beach Company..recorded as" Document No. 4.8632; ,May 16, 1906; in Book 132, Page 40 of Deeds; DocumentJNo.. '36766',- April 15, 3905,. in Book 115, Page 15 of Deeds, and Document, 46. :3b82'6;. April- 19, 190'S,. in Book 115, Page 17 •of Deeds 'Records of Orange.County'; California: , APPROVED AS TO FORM: DON P. BONFA City Attorney By Deputy City Attorney ; Dated Ocher 1. 1976 FILUMMM SFACfI CO)!TAAIY` ) STATE OF CALIFORNIA COUNTY OF J - orange �'. . By ice President on October 1: 1976 before me, the undemlpned, ai Notary Publican erd for'sald By Stets, personally appeared •W: E.'Poster F AS S t. Secretary known to me to be the vi 1 President end` T_ 3_ Rollins ; known to me to be the ASS1Stant Secretary of SNIRLEII., MQLIYI� the corporation that executed the within instrument and known ahry►ublfa CaltfattU to me to be the persons Who.executed the within,Instrument on N 3 t behalf of the corporation therein nerrtad;and acknowfedpetl ttr'ma c ORANGE COl>*ITY that such corporation executed the within Instrument pursuant to v , , My.Cwarrs.be EsPM�t Ib.by-laws or a resolution of its board of directors. k,e Oetebe! U; ,If1� - WI h d and ffici seal.• „ !I ill fAea$4,HaaMeq►oa Beaoh,'Ca f964f Name ITyped or Printed) 3 try- "0 r°v (This arai for official notarial seal) ' J{tt. MAIL TAXrSTATEMENTS"AS DIRECTED ABONEz r {T ° :,f ► :.111904 581 , RECORDING REQUESTED BY �. A.P. 157-33 -30,31,32 City of Hun'' `;ton Beach 36243 157-391-2, 4 City Hall Huntington Beach, CA 92646 AND WHEN RECORDED MAIL TO L OFNAME City of Huntington Beach IF.Office of City Clerk �AoonEsS P. O. Box 190 -r`STATEE' Huntington Beach, Ca. 92648 RLyLE,Gountr Recoldar SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX BTATEMENTB TO NAME Documentary transfer tax $.........N.A............................ ❑ Computed on full value of property conveyed, or 0 AooBEEfAIL TAL 5;,';;;:::.i.; „ ❑ Computed on full value less lien, & encumbrances �', OVE `1 c:Tr e V """'-" remaining thereon at time of stile. STATE L_ ----I ............................................................................................ Signature of declarant or agent determining tax-firm name ❑ Unincorporated area❑City of.................................. Corporation Grant need L 2 THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY - UK-Citlit"PI-tiovernment Apnty FOIL A VALUABLE CONSIMRAT10N, receipt of which is hereby acknow Al acknowledged, CRY Huntington:Beach ^iCie M.Wentworth ALVA WILSON COMPANY $ ( d�G��LQjY a corporation organized under the laws of the State of Nevada y� c'•••-•--•••-•••- -�•• hereby GRANTIS) to De-T;rty City Clerk CITY OF HUNTINGTON BEACH, a Municipal corporation 0 the following described real property in the City of Huntington Beach county of Orange state of California: All that real property described in EXHIBIT "A", attached hereto and made a part hereof. APPROVED AS TO FORM: DON P. BONF'A City Attorney JI By Deputy City Attorney ALVA WILSON COMPANY, a Dated September 10, 1976 Nevada corporation By ie --Alvi Wilson, Secretary S'I'.A'rE OF CALIFORNIA. -- _--- --- r.(nfNtl' oF.__O11ANGE ------ ---} Ss. -- -- September 10, 1976 t)iI____-_____�—_.—_______—_____before me. the under signed,a Notary Public.in and for said County and State,personally known to nip. to be the—_--._—President,and--- FOR NOTARY SEAL OR STAMP ALVA WILSON_' known to me to be __Srrreuuy of the corporation that executed.the within Instrument.known to me to be the.per.on+who executed the - within Instrument on behalf of the corporation therein named.and arknowledFed to me that such corporation.executed the within OFFICIAL SEAL. - - - instrument pursuant to its by-law, or resolution of its board of directors. ELINOR J. VOTAW ��� --- NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY --- �- My CommissionlExpilesFeb.12,1977 Signature of Notary �,,, Nance ITyped or Printed) of Notary Title Order No.___k_ 7 S t Escrow No. _ —_— L-2(G.S.)(Rev. 5-67)(9 lit.) MAIL TAX STATEMENTS AS DIRECTED ABOVE �c 1 1904 158.2 EXHIBIT A PARCEL 1: Lots O, P, and Q of Tract 77718 in the City of Iuntington Beach, as shown on a map thereof recorded in book 352, pages 38 and 39, Miscellaneous Maps of said Orange County. EXCEPTING TREREFROM all mineral, oil, gas and -other hydro- carbon substances below or under five hundred feet (5001 ). of the surface of said land but without the right, express or implied, of entry in or upon the surface of said land as reserved by deeds recorded in book .10777, page 200 and book 11233, page 573, Official Records. ALSO EXCEPTING THEREFROM all subsurface water rights, but without the right of entry to the surface or .to the subsurface above a depth of 500 feet, as.. dedicated to the City.of Euntington Beach on the map. of said tract. i PARCEL 2:, Lots P .and R of Tract 7712, in the City of Huntington Beach, as shown on a reap thereof recorded in book 325, page 31, 32 and 33 Miscellaneous Maps of said Orange County. EXCEPTING THE..RLEFF.OM all mineral, oil, gas and .other .liydro- carton substances below. or .under. five. hundred (500' ) feet of the surface of said land but -without. the right, express or irr.lied, of entry in or upon the surface of said land as reserved by deeds recorded' in book 10777, pages 198, 200 and 201, Official .Records. ALSO L••XCEPTING THEREFROM all subsurface water rights, .but without the right of entry to the surface :or to the subsurface above a depth of 500- feet,. as. dedicated to the City of i. Iuntington Leach on the map of said tract. i . 1 P-116-A (GS) rs' 1 C71 r.) - J - Al- WV,4v ord-e J� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH Y J I To Mayor Wieder & the City Council From Norm Worthy, Director Attn: F. G . Belsito, Acting Recreation, Parks and Human City Administrator Services Subject FINAL PAYMENT - LAMBERT PARK Date June 1 , 1976 All terms of agreement between the City and the Alva Wilson Co . for park dedication of 3. 558 acres and improvement of 1 . 5 acres in final tracts #7771 and #7772 have been complied with. Final reimbursement to the Alva Wilson Co. in the amount of $86 , 951 . 48 from the City is hereby requested to complete this transaction which was initiated over 2 years ago . The partial acquisition and development of this site is within the park acquisition and development fund budget for 1975-76 Account #790935 and ample funds are available to complete the City' s obligation. RECOMMENDATION: Authorize payment of $86 ,951 . 48 to Alva Wilson Co . from Park Acquisition and Development Fund for purchase of 1. 963 acres , drainage fees , and development costs of Lambert Park. a Respectfully submitted, Norm Worthy, Dir for NW: ac Recreation, Parke and Human Services Attachment NO FISCAL IMPACT FISCAL IMPACT -- BUDGETEO -- -- FISCAL IMPACT -- NOT BUDGETED- REQUIRES FINANCIAL'IMPACT REPORT.._.... mnoi 46L' F-0. 001, MID, CAHTC-R'%'-1A 92,�48 0 _. F�.,�►�lf�!l�rta !?EP•i. (714) 53G-5271 " SlU:i7 March 1 , 1976 r ((�1R Alva Wi.lsota Company P.O. Fox 8065 Fountain Valley, Ca."Li-f-ornia 9270" Attention: Jim wilson . Dear Jim: . r r . Following is the infoi:ir-.ation. you reque sted in or der tina.t the City can fi-naliae nego-ti.ations. with you on the midden bluff area park site within Tentative `i'zact- 7771. According to the City' s cal,culationo , the rcqui,_ed dedication for both ,Yi.rl l Ma—s 7772.. and 7771- iJould II,)-� 1. 59fi acres . In reviewing the record orips~it- ha been det^_.rininc!d th._lt 2 . 947 acres was shown oil 7772 EuDd . 611. accc within 7771., for a total park site acreage of 3 . 558 acres . Therefore , pursuant to the City Council agreement: for acquisition of the surplus acreage, the City i,rill have to ptirch,ase 1. 963 acres . Pursuant to our most recent meeting (at which time i.t: was agr(-*:cd that the City wculd install the street i_mnroverlicnts and rei;T0-urse you for the drainage fees, ,as (,c ll as include the develop- -ent costs incurred on improvement of -the midden area) , please verify th(i following: 1. 963 required x 33 ,07E 64, r128 . 19 Drainage - T 7772 - 3 , 065 . 36 F.Ira-inage T 7.771_ 2. , t 00 •e Panic Ir,?provru;e.r.t: J-6 , 51_3 . �-3 Total : �86, 951.. 48 It was also agreed that thre Alva Wi.lson Cci:r,_ranv- would comr)lcte the: stump removal and general clean up of the tke^s along the - � -3 Alva Wilson Con;p_,ny March 1, 1976 Page 7 bluff .Line at no additional cost to the City, pursuant to the supervision of the RecI:-eat:.ion and Parks D: PartA'innnt. This iniormat?on is offered to you for veri.fi.cati.on. Should tlltro be a-ny ch_ing,., ple.asc ncti_':`r 'Tic \ai_ L.t,ill fi•.-o c'ay-*, otherwise, the City init-i-3tt.e a Y::: cTl ^.>t to I-hI^ Cit,,, Council for -i_h s will su f icr Pursuant to our la.t I-egoti ating 11ic10t inch. Very truly yours, )J ITames W. Pa lin , Ass sitant- F)ir ctor 1/ %LJJartll?E'nt of P1aI]I ing and Envi!_onm�mf-.e1_I_ !:''s0..r j'R0 \P� JWP:df r . r . cc: Bill Flartge Bud Belsitt.o Norm Worthy ,, "7F NI S)' July 25, 1973 �eS 3 1 TO: City - Council FROM: City Attorney SUBJECT: Resolution Authorizing the Purchase of the Holtz Easement Portion of the Yorktown Community Park At the request of the City Administrator and the Finance Director, we transmit herewith a resolution authorizing the purchase of 6 .07 acres of property for the sum of $20,000 to be used for the Yorktown Community Park facility . Respectfully submitted, DON P. BONFA City Attorney DPB/lm Attachment • 2 WHITE-CITY ATTORNEY BLUE-CITY CLERK CITY OF HUNTING-MN BEACH No. GREEN-CITY ADMINISTRATOR j CANARY-DEPARTMENTAL �. REQUEST for ORDINANCE or RESOLUTION Date Request made by Department 7/23/73 City Administrator Administration INSTRUCTIONS: File request in the City Administrator's Office quickly as possible but not later than noon, one week prior to the Council Meeting at which it is to be introduced. Print or type facts necessary for City Attorney's use in preparation of ordinance. In a separate paragraph outline briefly reasons for the request of Council Action.Attach all papers pertinent to the subject.All appropriation requests must be cleared and approved by the Director of Finance before submitting to City Administrator's Office. Preparation of an Ordinance or Resolution is hereby requested: Resolution authorizing 'purchase of The Southerly 200 feet of the Northeast quarter of the Northeast quarter of Section 1 , Township 6 South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, County of Orange, State of California. Purchase price - $20 ,000. Total acreage - 6.07 acres .. • � v t r , Desired effective date Signed: Approved as to availability of funds 8/6/73 Director of Finance City Attorney—Please prepare and submit printed copies to this office by: �� C��V_ City mi istrator ell, Lim CITY OF HUNTINGTON BEACH 10" INTER-DEPARTMENT COMMUNICATION HUNTINGTON REACH To David D. Rowlands From Director of Public Works City Administrator Subject Property Acquisition for Water Dept. Date March 21, 1973 At present we are in the process of final negotiation for the purchase of an R1 lot that has a water well on it. The property is located on Garfield between Newland and Magnolia. The well has been in use for farm irrigation for 10 years ;and has consistently produced an excellent quality of water. This acquisition will provide us with our only well in the Talbert Valley. When it is on line we will be delivering a better product to our customers and a secure location for a fluoridation installation. , The mutually agreeable price for the property is the County Assessors' value for the lot, $12,080 plus a maximum of $4,500 for the well, this amount is i of the original cost of drilling and casing. Duplication of .this well at todays cost would be in excess of $15,000.00. It is requested that authorization be-granted to consummate _ this negotiation with the owners, the Holtz brothers, and to expend $16,9 80 from the Water Fund. n s R. reele irector Public Works JRW:ae E� CITY 07 CEJ `rn .1,r air 10I� .1 February 5 , 1973 v3 Orange County Tax Collector 630 North Broa- ay Santa Ana, California Dear Sir: Encloser is . City of Iiuntington Beach check number 37074 in the amount .of $344. 23 which represents payment in full for second installment of taxes due on Parcel #110-170-11 for fiscal year 1972-73. This amount was derived by trLltiriying Yll. 87 per day for D 29 days which represents when the property was conveyed to the City of Iaiinti.ngtor. Relic .. We will follow up this letter with a formal request .from the City Clerk requesting cancellation of taxes from January 29 , 1.97:3 through. the and of the second half. Please sign the enclosed copy of this letter as acknowledg- isent of receipt of the check. Sincerely, Floyd G. Belsito Executive Assistant FGB/gbs Enclosures ACKNOWLEDGMENT Received Date I / Ila /,o f RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH AND WHEN RECORDED MAIL TO r- --� NAME City of Huntington Beach ADORE88 Boy{ 190 ',-CITY& Huntington Beach STATE /1 D California t/iJJ/Y Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE V MAIL TAX STATEMENTS TO r Tax•Exempt-Govemment APN�Y NAME CITY OF HUNTINGTON BEACH ADDRESS pawl C. Jones, City' Clerk ++�� CITY& --. A ��� ���� BTATE I I �y.. l— J Deputy City Clerk 3inbibibual. orant "Ileeb WESTERN TITLE FORM NO. 104 FOR VALUE RECEIVED, Robert F. Beauchamp and Dorothy 0. Beauchamp, husband and wife, and James D. Iler and Helen D. Iler, husband and wife GRANT to the City of Huntington Beach, a municipal corporation . all that real property situate in the City of Huntington Beach County of Orange ,State of California,described as follows: The Northeast quarter of the Southeast quarter of the Northeast quarter of Section 34, Township 5 South, Range 11 West, San Bernardino Base and Meridian, in the City of Huntington Beach, County of Orange, State of California, as shown on a map recorded in Book 51/ Page 13 of Miscellaneous Maps, Records of Orange County, California. EXCEPTING THEREFORM all oil, gas, minerals and other hydrocarbon substances lying below a depth of 500 feet, but without_ the right of surface entry to take, market, mine, explore or drill for same, as reserved in a deed from Gladys Conrad Bealo, recorded December 29, 1972, in book 10493, page 601, Official Records. APPROVED AS TO FORM: DON P. BONFA City A�t rney B Y. it Attorney Dated January 15, 19 73 es �ler 1� '! "' ertBeau amp i v CF%G� Hel D. Iler Dorothy/O. Beauchamp STATE OF CALIFORNIA Oran } ss. County of e g On January 15 19 73 , before me,the undersigned, a Notary Public,in and for said State, personally appeared— FOR NOTARY SEAL OR STAMP Robert F. Beauchamp and Dorothy 0. Beaaiham and James D Iler and a en er are nown to me to the persons whose names subscribed to the within instrument,and Acknowledged to me that t he-' executed the same. ?t' DAVID A.IdRQINER NOTARY PUS PrindpDI Office In Oraepe Cc, Notary Publ c y MAIL TAX STATEMENTS AS DIRECTED ABOVE } ` '1 S728. ` tv-_ - RE 9ussTeD BP- . _ This document is• solely for the 1 When ReCordred,,-- Pleaae- `Mail official business of the City s , This °I iStY!Wn6 t. To,�; of Huntington Beach, as contem plated under Government Code. Sec. 6103 and should be recorded _ 8 O.ffiaf of .the.'-Cif*-�$ � 'fit -free of charge. City of Bunticigton Beach 4 Poat OP"flce BOA 19O ". RECORDED IN OFFICIAL RECORDS Hunt xlgton Beach, California- OF ORANGE COUNTY,CALIFORNIA 9:05 A.M. JLIN iS I972 6. b J.WYLIE CARLYLE,Cemdy Ruedet ; L RESTRICT-ION z :3 t 1$ y NOTIM WHEREBY GIVEN- that the City of Huntington 11 'Begoh.4,. a "llun cipal" corporation, is the owner of the property described as-: :18 Parcel U The South 100. Peet" of the East 150 feet of the Soutte t quarter; of- the "Northwest quarter of lrtkl<eas.t. gar-.ter: "of .Section 34, Township. ,5 :1 tinge 11.; "host. in the Rancho -La Bois.a 1$ ; his �ahown on .a Mop recorded in Hook 31, 'pAtge 1 3 of Miscellaneous Maps , records of Orange 1? Jaunty, California•. $ Excepting the*rf-roin all oil and mineral rights ;ben*4 -the, surface of said .property with'Otiit "tie P1t Of surface entry to said j ro "e. yc 1. y �f� the South hAlf of the 'Southeast quarter of the 22. " :Nor e":t quarter .of the Northeast. quarter of Setsti3tm ..3�t.," township- 5 South, Range 11 hest, in 8 Ai" ch'o".Las Solsas , as shown on a Map- reeolrd'ed- ' 17 Book 5-1 page .13 of Miscellaneous Maps, records 14 .: : "_off eafd Cocrstg _ `'j" A X-Cept ng there Prom the West 175 feet . $$ Also excepting therefrom all. oil, gas and other Ytyt !t>aaron :eubs;tances.- and minerals lying below 27'. a.'depth of 500 feet- from the surface of said , : "land:, :but w""ithout the" right of entry at any time f ups:the. -surface -'of •s.aid land or within the top .Peet therobt.:to exploit for, develop, pro- _ $9. tee, remove,` or--market" said substances , as set b :n,the row Order of -Condemnation ent it l"ed � 80Oi`G _off unti�igtbn :aeli,. .a municipal corpora- . ; Pleclnt ff, Versus• Masao Nerio, .et al. .. _ SI Ifenanta, Oan$e .County Superior Court .Case. No. r 3$fig4 , a certtlled. Qopy. of-which was recorded. . y " 7., 1972 .iri_ Book .10130, page 952 .of Official car-d`s -"fie _ ..i 0I l4 pie859 " A' 1 and that said City o'f Huntington Beach has been granted funds. 2 from the Department of Housing and Urban Development for the - j 8 development o the above described property as a park site , and C •� 4 as a condition of .obtain ng said funds the City is required to 5. . record this notice, to wit: 6 The. above described property or any interest therein Y 7 may not be sold, leased :or otherwise transferred by the City of ` 8 Huntington Reach without the prior written approval of the 9 Secretary. of Housing and Urban Development, as designee, or 10 any successor thereto. 11 DATED: i3 1972 . 12 CITY OF HUNTINGTON BEACH, a 18: municipal corporation - 16 By Mayor , ATTEST 17 19 C .y:"Clerk � Y 20 Hy Y, as -s an - ric e Y'. 21 � 94 APPROVED •AS -TO FORM use pp, Z 26 . T. - Wa: - .. 4"; Ci y: . t orn " t__ 27 28 h=129. 81 82 2. p �L ri;:t1.::.s.La,-•i_s.c.� _ :�..0 '�i=+r:.:i.w:j.«Pf:_:.:.:.........�_��::�.,•� s3s.`•,.-...x ..r._ _ _. � - r.._. _. _... . . .s._.� .a._t.ts..-.-'.ate= _3� I ' r i STATE. OF::CALIFORNIV I '.. _ . COUNTY -OF_ ORA-NOE :) Orr f 1972, before me, the 8 undersigned, 8 Notary. PuDlic in and for said State,. personally . appeared-'AL`TIN M.-: COEN:,- known to me to be the Mayor, and ERNESTINA } 4 -'DI :FABI-.G­2 knOWn;.: to. me to. be the Assistant City Clerk of the mun1- $ cipal' corpora _ on that -executed the within Notice of. Deed Restric- $ tSon, known to. me to be the persons who executed the within Notice ? 10 0 f..%Deed Re".tii;ation on .behalf of the municipal corporation therein , -: U . 11 `named aW acknowIedged. -to me that such municipal corporation 22 exeeiat®d thew thin . Notice --'of Deed- .Restriction pursuant to its `Charter and a _reealution of its City Council". } 14 WITN ,4 ? hand and official seal. lb vY• • . MUM ' sr+ww�a::asrgxr�urf��asiaarirl�ahti�" . norxar voei:�c»cwuio+aa� 19 �t:Osl�tQt t!1 !-M - Iqr _ MU. W. l974 �k� ." � Ml1�arY�rti�a�yis, 27 y _ t n , - - - gas 29 - 2 10174"Pa' 861E pn t� 'll a . A RESOL TI : OF T1 .0 •I^QUNCIL OF THE CITY OF G THE. EXECUTION Alm 't4 0 -:A IIBti 9TRICTION ON HUNT- _ Z FAt , :PAE II (CALIF-OSA-448(a) ) i the 01, d . Huntington-_Beach has acquired the ,r pr4pprty het'atblr described;_ and the Department of Housing ; and UrbaA: et��loprYtt ha$ `approved a grant of funds for- the aGqusi.tlon a deValopment of such property as a park site; A' .aQ-4A bn 1Prede granting of such funds to < city 'ie ttitit eity =ereood s re-9trictlon on the property indi Kati that ! i't or an _ interest therein may not be m6 Pr± y .. �► sdld,: les�d otheiride trans(erred .without the prior written apProvaY "o! tt a Samratary °o: Housing and Urban Development , his , designees mr tc",*sor thereto, i�,''f ti$i tale City GQuncil of the City of Huntington eaeh;' l�Aea R et y reddlve -as' i'oilows :Y`hegp _P als titre hereby authorised. to eX�Otte ;deed F ' t1on" dc>cua�ent to the ,property described F i3 - FRI 4pet off=: the, East 150 feet .of the UR t. eta o of tho northwest quarter of J eI`e_� G Qt �t'ter off' sect on -34,' Township R he Rancho La. Bolsa j y ChiCe�, Yta € DdRp recorded' in .Book 31, i g�ge'� otsoleeaoueFs, records of Orange �_ -Cot' ���►iD �.�t `- tSA all coil and ..mineral, rights 5d3 'ea t �i- the -suri'ace .of said, property ,.. rifidt oP .`surface: entry to said _pro rt1 x �x •�^-'+sue r•^� .. -. - =+e•l•—•^rw K•.--. - - - - P h. . cK I 0 174 PacE862 } The _-South halt of the Southgast quarter. of the 4< Noettieast' quarter of the Northeast quarter of Section 34, Township .5 South, .-Range 11 West , in the 'Aanche Las' Bolsass as shown on a Map recorded- in Book-.51, Tage. 13 of. Niscellaneous Maps, records of said County. Excepting therefrom' the Meet 175 feet . i- i Also .excepting therefromY all oil, gas and other -: hydrocarbon_.aubstances and minerals lying below .'. a depth -of `500' feet from the surface of said '.j. land, but. 'without the right of entry at any time A upon the eurlaos of said land or within the top 500 feet thereof to exploit for, develop, pro- duos; reuove, or. market said substances , as set ty. ' forth in th*41—nel Order of Condemnation entitled } City of -Huntington Beach, a municipal corpora- tion, Plaintiff, versus Masao Nerio, et al . , Defendants;. Orangs':County Superior Court Case No . 186942, a certified co_ py of which was recorded :.? 17:, 19T2 >in Book 10130, page 952 of Official -�; Records. PASSED: AND 'ADO Pq"ED by the City Council of the City of a. Huntington _.Beach at an. adjourned regular meeting thereof ` 3 held_ ow,.the. 12tl .-day . of June, 1972. Mayor �l 1 _ ��. �. AB ft.; o Res. .No- 3502 wow , t74llNrY-•:c► ate ss: 0 T 4 r„ 863. :: Cite Or U IrWrox BEACH, I, PAUL C. JONLS, . the duly elected, qualified and Fr _ acting "#,y C-1 -of the.'City of Huntington Beach, and ex- `i otftcio Ci0ft of the City'Council of said City, do hereby " oor-tify that, 'thi whole- number of members of the City Council o!.=the `City=:.of: .Hrmtington Beach is seven; that the foregoing _ res4ik tion . p"oed and adopted by the affirmative --vote of - sarl�=then aajority o!_ ell the members of said City .Council at 'a rKular� �ou=n d„ ®eating thereof held on the dsy of 1872- b the followingvote: e !N�►ip14. $artlott, Gibbs, Matney,. Duke, Coen Causictieen: Paul C. Jones of ter an ex-o icio Clerk he City Council of the City. of Huntington Beach, California � x CORRECT BY Ff -JN tH� OFMCE s s an y e r C Y • x At•flQ z7 w:r: JV45 _ _._ ... .+ 4f k of.-t C Ctl�► COURCil `June 13, 1972 J: Wylie Cailyle, .Reco' der County of- Orange. P..0 .Box. 238 Santa :Ana, .CA :92702 l -Deer Sir:, J Enclosed is -a Notice- of'Deed-Re tric on together .- witlf% Cer-tified copy of Resolut o. 5502,: for _ - - recording. When 'recorded, please-.-return to the Office. of- the* City Clerk-, P:O.. Box:190, Huntington-- Beach, California 92648. = Thank you _ .Sincerely .yours., _ PAUL -C: :JONES = = - City -Clerk_ By ss, s:tent. City er PCJ:W:aw, Enc: = 1 When Recorded, Please Mail This Instrument To: 2 8 Office of the City C18II'k City of Huntington Beach 4 Post Office Box 190 Huntington Beach, California 5 6 7 8 NOTICE OF DEED RESTRICTION 9 10 NOTICE IS HEREBY GIVEN that the City of Huntington 11 Beach, a municipal corporation, is the owner of the property 12 described as : . 18 Parcel 1• 14 The South 100 .feet of the East 150 feet of the Southwest quarter of the Northwest quarter of 15 the. Northeast quarter of 'Section 34 , Township 5 South, Range 11 West in the Rancho La Bolsa 16 Chica, as shown on a Map recorded in Book 31, page 13 of Miscellaneous Maps , records of Orange 17 County , California. 18 Excepting therefrom all oil arid -mineral rights 500 -feet beneath the surface of said property 19 without the right of surface entry to said property . 20 Parcel 2: 21 The South half of the Southeast quarter of the 22 Northeast quarter of the Northeast quarter of Section 34 , Township 5 South, Range 11 West , in 23 the Rancho Las Bolsas , as shown on a Map recorded in Book 51, page 13 of Miscellaneous Maps , records 24 of said County. 25 Excepting therefrom the West 175 feet . 26 Also excepting therefrom all oil , gas and other hydrocarbon substances and minerals lying below 27 a depth of 500 feet from the surface of said land, but without the right of entry at any time 28 upon the surface of said land or within the top 500 feet thereof to exploit for , develop , pro- 29 duce, remove , or market said substances , as set forth in the Final Order of Condemnation entitled 80 City of Huntington Beach, a municipal corpora- tion, Plaintiff, versus Masao Nerio , et al . , 81 Defendants , Orange County Superior Court Case No . 186942, a certified copy of which was recorded 82 May 17 , 1972 in Book 10130 , page 952 of Official Records . 3 1 . 4_. N. i i 1' r' { 1 and that said City of Huntington Beach has been granted funds 2 from the Department of Housing and Urban Development for the f: 8 development of the above described property as a park site , and 4 as a condition of obtaining said funds the City is required to 6 record this notice, to wit : 6 The above described property or any interest therein 7 may not be sold, leased or otherwise transferred by the City of 8 Huntington Beach without the prior written approval of the 9 Secretary of Housing. and Urban Development , as designee , or 10 any successor thereto. 11 DATED: .�A �✓� , 1972 . 12 CITY OF HUNTINGTON BEACH, a municipal corporation 18 14 By 16 Mayor 16 ATTEST: 17 18 Paul C. Janes City Clerk 19 20 By 1,e�, Assifftant City Cler1c 21 22 23 24 APPROVED AS TO FORM: 25 26 27 City Morn 28 29 80 81 82 2 . r K i. 1 STATE OF CALIFORNIA ) ss 2 COUNTY OF ORANGE ) k 8 � 4 On �3 , 1972 , before me, the . 5 undersigned, a Notary Public in and for said State , personally 6 appeared ALVIN M. COEN, known to me to be the Mayor, and ERNESTINA 7 DI FABIO, known to me to be the Assistant City Clerk of the muni- 8 cipal corporation that executed the within Notice of Deed Restric- t tion, known to me to be the persons who executed the within Notice 10 of Deed Restriction on behalf of the municipal corporation therein 11 named, and acknowledged to me that such municipal corporation 12 executed the within Notice of Deed Restriction pursuant to its 18 Charter and a resolution of its City Council . 14 WITNESS my hand and official seal . 15 16 17 18 ...... cc_a:o is • ".A_ OFFICIAL SEAL g 19 m � r FLOYD G. BELSITO � © ',c og NOTARY PUBLIC -- CALIFORNIA 9 PRINCIPAL OFFICE IN 0 20 m o ORANGE COUNTY � m c m My Commission Expires Mar. 10, 1974 21 Io minim©ommcefl oamoam®meooaoame9odaaem�mm®c 22 23 24 25 26 27 28 29 ` 80 s1 - 82 r R. W. Xcelelldw & om c. CONTRACTING • TRUCKING • EXCAVATING • GRADING. ASPHALT PAVING CONTRACTORS tn�J 151-COMMERCIAL WAY \ COSTA MESA, CALIFORNIA 92627 (714) 548.5511 4 June 1, 1972 The Honorable City Council City of Huntington Beach Post Office Box 190 Huntington Beach, California Gentlemen: Wd'would like to request that we be put on the agenda for your melting of June 19, 1972 under New Business. This will be an oral discussion regarding the Bruce Bros. pit at Gothard and Talbert Streets in the City of Huntington Beach. Please reply and let us know if the time is available for the above meeting. Thank you. Yours very truly, R. W. McClellan, Jr RWMcM/bhw JUN 2 1972 CITY OF HUNTINGTON BEAC;I ADMINISTRATIVE OFFICE 6' } �• �' 1'lf 'DF .:HUNT�MOTOM BEACH. iNTR DEPARTMENT COMMUNICATION HUNTtN4TON'6LACH To `DAVID D ROWLANDS From DON P.. BONFA City Adminis rator City Attorney Subject Cityof Huntin t6nriBeach .vs . Date June 14, 1972 Blair. Parcel 7, McClellan The. subject' _action in. Orange County-;-'84perior.,_.Court..was one to con- de mn for: Central``Park, a 15 acre parcel_-.of. land belonging'to R W, McClellan :and wife. The parcel has 440 feet of frontage on: Gothard" Street and runs i,470 feet .westerly :from Gothard 'toward G.oldenwest. -:It lies about < 800 feet_:south ofSlater.:`and about` .1,:320:_ feet north, of Talbert: The easterly �300�:feet;' of ahe property :is solid ground,: aloping downward from Gothard.. At 300 feet west of Gothard begins :-the filled 'urea,. which lies= about :three feet above sea level That filled area; constitut ng. the larger part of. the`':property, has been ,mined for. peat sand- has 'then-.-been filled by the dumping -of loose and unc6ntrolled. 'fi11: ": The fill . als.o. contai"ns inert .mat'eria1; including some 'pieces larger than nine inches, the legal limit in a controlled .:fill: . In -this 'unstable fill-, the ground- .water level is at about . elevati6n zero: The. filled.._area:..slopes.: toward 'the west end of the property,: the westerly one-fourth of-.Which- s covered by a lake and. by 'tules. The surface of the`` lake is -about-'2.-2.':feet below sea level. The easterly high portion of the property contains about 3 . 31 acres; the middle or. filled area contains about , 6 .98':adres; the lake .and tule area occupie.s.`about 4. 31 acres - At the trial; -the. City . was=.represented by `Attorney Hayward P . LeCrone of Santa Ana. The City' s appraiser., Mr. Bowdle, testified that the property was . worth .$187,000. ($12;808 per acre) ; Mr. McClellan' s chief appraiser, Mr. 'Cox,: testified that the - property was worth $321,200 ($22,000 per acre.).. Bot.h 'appraisers are M.A..I . After a two week trial, the jury returne.d, a verdict of $321,200. We consider this to be an excessive verdict. The City has taken._ an appeal't.o. the- District Court.'of Appeal, and has already filed `its .opening brief. The appeal is based on what we believe to be errors of law. Mr. .McClellan ' s brief has not yet been filed, since the . original due date has been extended by. request of his attorney. Although we...-feel that our appeal is a valid one, it should be emphasized that no. attorney who takes an appeal can ever guarantee reversal. of the verdict appealed from. F.S.. N,z* 1s, P ­�, ­'x. I. 1% A_ Z" m ndum 'D t Rowlands. E, zr n Ju 1 7 MCC-l- �ag Two. Blair -(Parcel i:. 'F m s attempted r _McClellan, ' :--,' ity' ;vh -ch ha" -,has s'_t'.*8'L.made 'an offer `the Q _ ' - . .4 , ..,-. , , M ' to tfe--�6geth&rFtwo .completely --unrelate4 ,matters. 'He has .proposed ' that "th City.:pay `the' U11 $3Zl .200. vprdI ptand drop appeal; 6 0 0 for the ge . -o agreement: in. exchange n privilege­ ,- P­_ , t-jtj�,.�d certain operations: in the 'fprmer�' Bru-ce' Al g- and Whatever demerits N.ro tjlw�,.t' e Brothers�'s pit ".4 P t 'P.- the..pit. ion" 0 or..'.�.opi�-r whe4ler.- find-. MdClellanJ-"8,.'-propos a -, v-.i er s th'_ City. absolutely-,-----no ,beriefit or concession - r.�hat proposal--:76,fi e suit s' on. ,s t. respect. -ttl-,emeiit;-:of--�thp7--.,condL�mna with' resp e, DON P BONFA..:J, c - " itv;t Attor % w z % v:. ._Y O ROBERT L. "BOB" CITRON COUNTY TAX COLLECTOR O U NTY C:)I F TELEPHONE: 834-3411 Q2 ) AREA CODE 714 i 110 FINANCE BUILDING FLAN G E 830 NORTH BROADWAY P. O. BOX 1438 SANTA ANA, CALIFORNIA, 92702 6) OFFICE OF THE TAX COLLECTOR May 31, 1972 D IN REPLY PLEASE REFER TO: T. C. Sale # 1116 Sale---by Agreement City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 %� Attn: Paul C. Jones , City Clerk 6 Gentlemen: We are enclosing herewith the deeds for the property sold by agreement to the City of Huntington Beach. If you will attach a Resolution of Acceptance to these and mail to the Orange County Recorder, they will be recorded without charge to the City. ` AP 110-161-11 was redeemed on May 30 , 1972 , by Walter H. Allington j/ and $100 .00 will be refunded to you by the Auditor-Controller. The bill for the advertising will be mailed to you separately . Yours very truly, Robert L. Citron County ax Collector Be4! eput RLC:EY:d,js ' r CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To F. B. Arguello From Paul C. Jones Finance Director City Clerk Subject T.C.Sale 1116 Date 4/24/72 Please be advised that the City has purchased under subject Tax Title Sale, three parcels of property described in Exhibit A attached hereto, for a total amount of $300.00. Tr is requested that you immediately issue a check for this amount, payable to the County of Orange, as the agreement states that the payment is to be made within ten days of the effective date of the agreement, in accordance with Revenue and Taxation Code Sections 3795 and 3796. Please Mail the check to: Mr. Robert L. Citron County Tax Collector P.O. Box 1438 Santa Ana, CA 92702 Attention: Evelyn Yoder, Deputy j RECEIVED rl CITY CLERK rl Y01: j HUNTING Irf; f3E�Cif,CALIF. j1972 APR 24- All to : 0 2 1i RESOLUTION OF THE BOARD OF SUPERVISORS OF 211 ORANGE COUNTY, CALIFORNIA 3; April 11, 1972 41 On motion of Supervisor Clark, duly seconded and carried, the 5 following Resolution was adopted: 6I WHEREAS , pursuant to the provisions of Division 1, Part 6 , Chapter . .7i8 of the Revenue and Taxation Code, the City of Huntington Beach has 8 submitted an "Agreement" , a copy of which is attached hereto and in- 9 corporated herein by reference, to purchase the parcels of property 10 described therein for the amount of $100 for each parcel; and 11 WHEREAS , the County Tax Collector , by letter dated March 28, 1972 , 12 has requested and recommended that this Board approve said "Agreement" ; 13 NOW, THEREFORE, BE IT RESOLVED that this Board approves the 14 "Agreement" by and between the County of Orange and the City of a > 15 Huntington Beach, a copy of which is attached hereto and incorporated 013 U°W16� herein by reference, and authorizes the Chairman of this Board to execut Oro Do0 17 said "Agreement" on behalf of the County. 18 BE IT FURTHER RESOLVED that upon receipt of the State Controller's 19 written authorization to proceed with said sale, the County Tax Collec- 20 for shall give notice of the agreement to sell as provided for by 21 Revenue and Taxation Code Section 3798. 22j BE IT FURTHER RESOLVED that the Clerk of this Board return five 23 executed copies of said "Agreement" to the County Tax Collector for 24 transmittal to the California State Controller's Office for action in 251 accordance with Revenue and Taxation Code Sections 3795 and 3796. 26 I 27 AYES : SUPERVISORS RALPH B. CLARK, R.W. BATTYN, DAVID L. BAKER AND 28 RONALD W. CAS PER_-S 11 NOES : SUPERVISORS NONE 29I ji ABSENT: SUPERVISORS WILLIAM J. PHILLIPS 3C) 31� �;esolution No. 72-357 32�I Agreement-Tax Collectors if Sale No. 1116 City of, lw.. 1s I Huntington Beach 1. 1 1 STATE OF CALIFORNIA ) ss. 2 COUNTY OF ORANGE ) 3 I, W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board 4 of Supervisors of Orange County, California, hereby certify that the 5 above and foregoing Resolution was duly and regularly adopted by the 6 said Board at a regular meeting thereof held on the llth day of 7 April 1972 , and passed by a unanimous vote 8 of said Board members present. 9 IN WITNESS WHEREOF, I have hereunto set .my hand and seal this 10 1 1 rh day of Al2r; 1 , 19 72 . 11 12 W. E. ST 'JOHN County Clerk and ex-officio Clerk 13 of the Board of Supervisors of : Orange County,, California 14 �zz 15 0» B 18 y Deputy 0a c 00 17' u 18 ' 19 20 21 22 23 24 25 28 27 28 29 30 31 32 9 2 . -; F 1031-•22 L 4...? o PECEIVEO- CITY CLERK CITY OF Purchase by City that is 'HUNTINGTCN BEACH,CALIF" a Revenue District 1972 APR 24 AM 10 : 0 2 A G R E E M E N T AGREEMENT FOR THE PURCHASE BY THE CITY OF HUNTINGTON BEACH, CALIFORNIA, OF THE STATERS TITLE TO TAX DEEDED PROPERTY WITHIN SAID CITY AS PROVIDED BY DIVISION I. PART 6 , CHAPTER 8, OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA, THIS AGREEMENT, made the day of 197,-), by and between the Board of- Supervisors of the County of- Orange, State of California, and the City of Huntington Beach, a municipal corporation in the State of California, subject to the approval of the State Control- ler, pursuant to the provisions of Division I, Part 6 , Chapter 8, of the Revenue and Taxation Code, WITNESSETH: THAT WHEREAS, there is situated in the City of Huntington Beach certain property which is deeded to the State of California for delin- quent taxes ; and, WHEREAS, the deed to the State for taxes includes taxes levied by the City of Huntington Beach, the taxes of which are collected by the County officers ; NOW, THEREFORE, it is hereby mutually agreed, as follows : 1. That as provided in Section 3800 of the Revenue and Taxation Code, the cost of giving the notice of this agreement shall be paid by the City of Huntington Beach. 2. That the Board of Supervisors of the County of Orange agrees to sell. to the City of Huntington Beach all or any portion of the prop- erty described in Exhibit "A" attached hereto and made a part hereof which shall not have been redeemed as provided in the Revenue and Tax- ation Code, upon payment by said City to the tax collector of said County the sum set forth in said exhibit. after ...the description of the. property and designated "PURCHASE- PRICE", within ten days after this -- agreement -becomes effective, J 3 , That as provided by Section 3808 of the Revenue and Taxation Code the city wil.l. play the "Purchase Price" to the county tax collector and the city will not share in. the distribution of the payment. IN WITNESS WHEREOF, the parties hereto .have caused this agreement to be executed by their duly authorized officers . ATTEST: BOARD OF SUPERVISORS OF VALUAM E. ST JOHN �,�Aj L E COUNTY - County Clerk By. By Deputy Chai an ATTEST: CITY UNTINGTON BEACH A muni c rporat' on By By C ity lerk Mayor PRO `rE By Deputy APPROVED THIS 21st day of Auri1 , 1972 HOUSTON I . FLUOANOY STATE CONTROLLER By, C.tef,&1vislon of Local. overnmentPlsccl-Aff¢7h's This agreement was submitted to me before execution by the Board of Supervisors and I have compared the same with the records of the County relating to the real property described there!_:^ . $OBEAT L. CITRON Tax Collector APB';?O'V.D 1S TO FO R.,Vl A,VRIAN KLP' ?V-R, COunt;.a Counsel B ORA X&Wwaz NGE COUNTY, CALIFORNIA Deputy By _401 - E X H I B I T' "A" Year County Delinquent Sale Purchase Description to County Number . Price AP 110-161-11 Code 4-010 1965-66 126533 $- 100 Tr No. 44 Lot 2 in Blk B AP 110-163-23 Code 4-010 1965-66 126593 $ 100 Tr No. 44 Lot 12 in Blk A AP. 110-183-13 Code 4-010 1965-66 127092 $ 100 Tr No. 8 Lot 35 r h i` F1025-202 . 1 HOUSTON I. FLOURNOY CONTROLLER I. PFCEIVED (/��� ++��--_- y� ��``'���` CL ERY �LYantmuer 1f �E state 1f 1i ff=i I IIUNTINC rI.N .J k;'�,CALIF. SACRAMENTO April 21, 1972 1972 AP'R 24 nil jU : Q 2 Mr. Paul C. Jones City Clerk Memorial Hall Huntington Beach, California 92646 Dear Sir: Enclosed is a copy of an agreement between the Board of Supervisors and the City of Huntington Beach dated April llth. 19J and approved by the State Controller on the 21st day of April 1972 The 1hx Collector of ORANGE County has been authorized and directed to give notice of the agreement as provided by law. Cordially, HOUSTON I. FLOURNOY) STkTE CONTROLLER Div. of Local Government Fiscal Affairs Martin F. Anderson, Chief By Sales Clerk Tax Deeded Land Enclosure March . 23, .:1972': - Robert L_ Citron - - County Tax Collector = _. P.O...-Box 1438 ".Santa Ana, CA 92702 Attention: : Evelyn Yoder., Deputy Dear. Mrs., Yoder:­:-J -.:The City.:Council of -Huntington Beach,. at`'ito _regular meetingg held Monday, March 20, 19721- objected.: to' -T.C. Sale No. . 116 and -approved the purchase of_-the_-parcels .-described.. in Exhibit A attached_ to the enclosed .agreement._. :: _ A "Statement of Minute: Action"of the City-:Council"_ is attached to each -copy Of the -Purchase`Agreeiuint°. If-:further :information is required, please contact 'this - office. - Sincerely._ yours r - - Paul 'C Jones'. _ City. Clerk = PCJ:aw Encs. (5� I1 1 O ROBERT L. "BOB" CITRON COUNTY TAX COLLECTOR U N ■ T O r cc C TELEPHONE: 834-3411 AREA CODE 714 „�1 - '�iY• 110 FINANCE BUILDING P. I�AN G F501I► G"" P0 NORTH BROADWAY P. O. BOX 1438 SANTA ANA, CALIFORNIA, 92702 OFfI`CE OF THE TAX COLLECTOR April 5, 1972 IN REPLY PLEASE REFER TO: T. C. Sale # 1120 City Council City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attn: Paul C. Jones , City Clerk Gentlemen: It is the intention of this office to sell at public auction the following described property: AP 25-044-08 Summit Tr Code 4-001 Lot 13 On February 29, 1972 , we wrote you regarding this parcel and by telephone were informed you had no interest in purchasing this . To fulfill the requirement of the Revenue and Taxation Code we should have your written consent to this sale . Yours very truly, Robert L. Citron County Tax Collector eputy L RLC :EY:d,js , Purchase by City that is a Revenue District A G R E E M E N T AGREEMENT FOR THE PURCHASE BY THE CITY OF HUNTINGTON BEACH, CALIFORNIA, OF THE STATE'S TITLE TO TAX DEEDED PROPERTY WITHIN SAID CITY AS PROVIDED BY DIVISION I. PART 6, CHAPTER 8, OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. THIS AGREEMENT, made the day of , 19 by and between the Board of- Supervisors of the County of Orange, State of California, and the City of Huntington Beach, a municipal corporation in the State of California, subject to the approval of the State Control- ler, pursuant to the provisions of Division I, Part 6, Chapter 8, of the Revenue and Taxation Code, WITNESSETH: THAT WHEREAS, there is situated in the City of Huntington Beach certain property which is deeded to the State of California for delin- quent taxes ; and, WHEREAS, the deed to the State for taxes includes taxes levied by the City of Huntington Beach, the taxes of which are collected by the County officers ; NOW, THEREFORE, it is hereby mutually agreed, as follows : le That as provided in Section 3800 of the Revenue and Taxation Code, the cost of giving the notice of this agreement shall be paid by the City of Huntington Beach, 20 That the Board of Supervisors of the County of Orange agrees to sell to the City of Huntington Beach all or any portion of the prop- erty described in Exhibit "A" attached hereto and made a part hereof which shall not have been redeemed as provided in the Revenue and Tax- ation Code, upon payment by said City to the tax collector of said County the sum set forth in said exhibit after. ...the descr.ipt.ion ..of the. property and designated "PURCHASE_ PRICE", within ten days after this -' agreement becomes effective. 16 3 . That as provided by Section 3808 of the Revenue and Taxation Code the city will pay the "Purchase Price." to the county tax collector and the city will not share in the distribution of the payment. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers . ATTEST: BOARD OF SUPERVISORS OF COUNTY County Clerk By By Deputy Chairman ATTEST: CITY 0 UNTINGTON BEACH . A municipal corporation By By �- .Z?- City Clerk U VMayor i=xo TE By Deputy APPROVED THIS day of 19 ALAN CRANSTON, STATE CONTROLLER By Deputy This agreement was submitted to me before execution by the Board of Supervisors and I have compared the same with the records of the County relating to the real property described therein. Tax Collector By Deputy ROBERT L. "BOB" CITRON COUNTY TAX COLLECTOR O U NTY 0 FC TELEPHONE: 834-3411 O O AREA CODE 714 it 110 FINANCE BUILDING FLAN C!P- 830 NORTH BROADWAY P. O. BOX 1438 SANTA ANA, CALIFORNIA, 92702 OFFICE OF THE TAX COLLECTOR March 14, 1972 IN REPLY PLEASE REFER TO: T. C. Sale #1116 Sale by Agreement City Council City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attn: Paul C. Jones , City Clerk Gentlemen: We are enclosing the form of Agreement recommended by the State Controller's office, on which we have entered the pertinent information as to description, purchase price, etc. of property which the City desires to purchase. Please return five executed copies of this Agreement , together with five certified copies of a Resolution offering to purchase (or Excerpts from Minutes of the City Council) , as provided by Division 1, Part 6, Chapter 8 Article 2 of the Revenue and Taxation Code. Yours very truly, Robert L. Citron County Tax Collector deputy RLC:EY:djs JJ • � �`� \ • • DOYLE MILLER %�� City of Huntington Beach Administrative Officer i BRANDER D.CASTLE Assistant P.O. BOX 190 CALIFORNIA 92648 Administrator DON FA City Attorney ey G. HLL MAYOR March 14, 1972 WARREN Tre su er George C. McCracken PAUL C.JONES City Clerk COUNCILMEN Jerry A. Matney Ted W. Bartlett Alvin M. Coen Norma Brandel Gibbs - - Jack Green Donald D.Shipley Honorable Mayor and City Council City of Huntington Beach Huntington Beach, California Attention: David D. Rowlands ;; City Admistrator - Gentlemen: By letter of February "29, 1972, the- County:"has offered for sale to the City the; following propertiei-which were deeded to- the State of California July-. 1, _ 1971- for non-payment of taxes : AP 25-044-08 ($:2500) AP 110-163 23. ($100) AP 110-161-11 ($100) ` AP -110 1:83 13 ($100) AP 111-441-39 '($5,0) _ The City Administrator hit— had then-e parcels checked for desirability for purchase by, the City-- and recommends that the City buy AP 110-161-11; A_P- 110-163-23 and AP 110-183-13. It has been determined that the City presently owns AP 111-441-39 but that taxes were never cancelled thereon. It also has been determined that AP 25-044-08 is of no value to the City. It is recommended that your Honorable Body object to the sale of AP 110-161-11, AP 110-163-23 and AP 110-183-13 and consent to the sale of AP 25-044-08, by minute action. Sincerely yours, !L � ) Paul C C.. J es J City Clerk a PCJ:aw JAMES R.WHEELER EARLE ROBITAILLE OLLIN C.CLEVELAND KENNETH A. REYNOLDS Director of Public Works Police Chief Building Director Planning Director V INCENT G.MOORHOUSE FRANK B.ARGUELLO RAYMOND PICARD Director Harbors, WALTER W.JOHNSON NORMAN L.WORTHY Finance Director Fire Chief Beaches& Development Library Director Recreation &Parks Director o ROBERT L. "BOB" CITRON COUNTY TAX COLLECTOR OUNTY OF TELEPHONE: 834-3411 Q� AREA CODE 714 i 1f0 FINANCE BUILDING FLAN G E 630 NORTH BROADWAY P. O. BOX 1438 SANTA ANA, CALIFORNIA, 92702 OFFICE OF THE TAX COLLECTOR February 29, 1972 IN REPLY PLEASE REFER TO: City Council City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attn: Paul C. Jones , City Clerk Gentlemen: The following is a list of parcels in your City which were deeded to the State of California July 1, 1971 for the non- payment of taxes : AP 25-044-08 "zsod -`AP 110-163-23 ./AP 110-161-11 PIS ✓AP 110-183-13. AP 111-441-39 1�KS4 Any or all of these may be purchased by the City as provided by Chapter 8 of the Revenue and Taxation Code . We will be pleased to set up a sample agreement for any of the parcels in which you might be interested. Yours very truly , Robert L. Citron County Tax Collector y ty" RLC:EY:djs E X H I B I T "A" Year County Delinquent Sale Purchase : Description to County Number Price AP 110-161-11 Code 4-010 1965-66 126533 $ 100 Tr No. 44 Lot 2 in Blk B AP 110-163-23 Code 4-010 1965-66• 126593 $ 100 Tr No . 44 Lot 12 in Blk A AP 110-183-13 Code 4-010 1965-66 127092 $ 100 Tr No. 8 Lot 3.5 l F10.25-202 . 1 . S1..�EMENT OF THE ACTION OF C I1 x COUNCIL Council Chamber, City Hall Huntington Beach, California Monday, March 20, 1972 Acting Mayor Green called the regular meeting of ttie City Council of the City of Huntington Beach to order at 4:30 o'clock P.M. Councilmen Present: ev Bartlett, Green Coen a ney - arrive a . Councilmen Absent : G;hhs_ McCracken T.C. SALE No. 1116 - COUNTY OF ORANGE The Clerk presented a transmittal from the County Tax Collector stating the intention of his office to sell at public auction parcels of land in the City of Huntington Beach which were deeded to the State of California July 1, 1971, for non-payment of taxes, as follows: AP 110-161-11 $100 AP 110-163-23 $100 AP 110-183-13 $100 AP 25-044-08 $2500 A motion was made by Councilman Coen to consent to the sale of AP 25-044-08, and object to the sale of the remaining three parcels; authorized the Mayor and City Clerk to execute an agreement to purchase said parcels pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2, of the Revenue and Taxation Code, State of California; agree to guarantee expenses of purchase and sale as set forth in Section 3793.6 of said- Code; and to direct the Finance Director to draw a warrant for the required amount when billed by the County. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs, McCracken On motion by Shipley the regular meeting of the City Council of the City of Huntington Beach adjourned. at 8:15 P.M. by the following vote: AYES: Councilmen: Shipley, Bartlett Green, Matney, Coen I Paul C. Jones NOES: : Councilmen: None City Clerk and ex-officio Clerk ABSENT: Councilmen: Gibbs, of the City Council of the City McCracken of Huntington Beach, California ATTEST: - Jprry A. Matney- Paul C. Jones Mayor Pro-Tempore City Clerk STATE OF CALIFORNIA ) County of Orange ) ss : City of Huntington Beach ) I , PAUL C. JONES , the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California, do hereby certify that the above and foregoing is a true and correct Statement of Action of the City Council of said City at their regular meeting held on the , 20 day of March 1972 WITNESS my hand and seal of the said City of Huntington Beach this the 21st day of March , 19 72 Paul C. Jorie s City Clerk and,-ex=officio.,Tlerk of the City C-Outcil of 'the' C-ity of Huntington -Beach -' :C.:alifornia BY Dep y Al 1 When recorded, -•pleaee mail this _instrument: to } - s� 9 OFFICE OF-"THE C,TTY ATTORNEY r 8: -City of Huntington .Beach.= Post. Office'; Box 190. . 4 4untifigt6h� Beach; California 9264 8 '6: q; NOTICE `:OF -DEED`RESTRICTION t g NOTICE IS HEREBY GIVEN _that -the City _of, Huntington::Be:ach; 10: a municipal corporation;. is ,the owner_ oP 'the .property described as:. Thst.;port ion of 'the east 30.00_ cares of_ the west_ _ 11 60.00 scree "of the :south -half of the -southwest .quarter,: ' of ;Section 26' Township- 5 ;South,._Range �11-:-West'., partly. ' 12: in the:FItEih6hd .La'Bolsa .Chi.da: and partly 'in' the:Rancho 18 Las Bolus,, in: the :City of., Huntington :Beach., ,County `- of.: Orange_ , st-ate oP California; as -.per.. map recorded;In, Book�.51 ,page 13 oP. Miscellaneous Maps in the 'office : 14 of_ the Count Recorder of:.said eourit described 'as. y Y�. 16 follows : " 16 Beginning at the ,southv�es"t .corner "of ttie .south '.east -quarter `of :the southeast quarter oP the south- 17 west quarter..of said section`• as shoWn,.on: a map 'filed -'ln Book 53, page 27 of 'Record 'oP Surveys in: the. 18 _' of fide of ':the: County. Recorder. .'of said ,county,,_ said point.. als-o being the intersection of tYie.'oenter line: 19 -of i1alVetit- Avenue with` the: center' line.of: Qothard Street; .thence north 89°43►00" .west 751.-QO" feet along 20 the s.outherly.>.,,line .of said southwest :q-uarter being :also the center- line o'f said': Talbert: Avenue,:=-thence 2I a right,.,angles to.'said. ss' utherly -line.-north,-00°17'00' east`" 00 Peet to-.a. :point. 'on' the_ northerly";line, of said ..Talbert.- Avenue, aaid,,poirit'.being he tr_ue,.point of beginning;'- thence continuing" north .00°17'00" east 23. 00 feet;:.thence south.:�$9043!00"' east 157.0:0` feet parallel `with: said`' southerly:'line; thence north ;- v 00°171_0V east 2.65'.00�-feet.;. thence.::south 89°43'00" east '145::00 feet `parallel with, said'southerly line`; ,._ thence north.'00°17',00" east. 2.94,00 ..feet thence :north 89°41"00'�,""west" 93.27 feet:.parallel .with -said'southerly 26 ine,:--thence" south :.420:35!:07n_.west 1-2594-. feet;. thence - south,'-- °17!00" weit.,.40,79;=feet;` thence north 89°A3'.0.0" .27` west 30.00. feet parallel with -said.-southerly -,line; _ -=- thence north 0,0017'00"-east 33.93 feet; thence north . 89°43'00"'':west: 47,-24 Peet parallel'.;with 'said southerly ` line; :thence north':0028 °l`7'00", east ;199.55 .Peet; thence 29, north '85°51'47" ,east 280_.00 'f.eet; thence north 61°:33'33" i east :170 `00 Peet; thence :north 88°54 '4fi" east 2:32.41 80 5 feet 'to a'_poiht in the .westerly . line of `said. C�othard Street, . thence; north .00°05,�00 !'--east'965 06- feet*.along said•a es.terly,;'line. to .a"point i is the :northerly':l ne of 31 said' -south half oP. the`5 southwest: quarter oP :Sec ion. 82 26 •thence- north $9 42: 00 nest 951.22 'feet along :said " 4 t. .. _ 1 , northerly line t the. westerly; line'.of said east;.30,Q0 acres;- thence._south 00°05'0:0" west _1269,•;73-..feet.:along westerly line:=to a'-po,int;an :the northerly Sine of said=:Talbert avenue.;. thence. south. 89043!;00" east' j g' 2:40: 39 feet along :said_ northerly line _to, the :t,rue; point-of 'beginning:. {. Exc-e` :tin" , . •, .. " ` _ p g�:therefrom all -oil; :•gas and:, other. hgdro. 5 carbons ,. geothermal resources • as-'defined in Section 6'g03 _o`P'the. California Public"Resource& ;Coale, aril - 6` 'al-L'other` iminerals;'..whether imi'1ar to. those tierein. , epee 'fied: or"not- :within or`that :may. be;•produeed :from 7 said- paree1"'.prov1ded,:'however that:. the' surface..:of :. said ,parcea -shall- never be -.used for. the. 'exploration , $ development, ex_ tra'tlon, removal or- storage of any there'of. 3 Also 'eXceptin— therefrom the. sole and -exclusive 10 r ght:__from time to -tivf'e to. drill 'and.;.riaintain wells 4r others works. into or- through _aai'd- parcel below a depth .of :50Q:'feet -`and to produce,, in�_ect; store, •arid,.r_ &move. from_-and through-'such _wells, or .work&•. ,gas;. aster and .other. :aubstanees of:'whatever nature, including the...right-.:to.'.perform any and. t 18 _ alh operations 'deemei� necessary_ or convenient for 'the exercise: of `_such :rights: 14 ;. 15: and that the City of Huntington :Beach has been_granted funds' from. " ,. - - 16 the Department ,of :Hous.iAw•i nd •Urban Development ,`for: the 'develop- 17 .mint of the, ab..ove described property. as .a park site, and as a. - -I condition ;of obtaining •said ,tune&, the alty ,is required_to% record. 19 thus notice, :2Q The above-.de8cribed:,lproperty, or_ eny`,interest th_erein may 21 not be .&old, leased or otherwise.: transferred -.by the City:,of .Hunt - 22 irigton'Bead , without the-: prior written approval,'.of the Secretary 'of. `' Housing and Urban Development, ;his designee, ::or• any succee.sor ` _ 24 thereto. :DATED v 1972• - ? 4 =26 CITY 4F 'HUNT.INaTON BEACH i .a municipal corporation' c y , Y •.. r Mayor- •• .. ' $Q ATTEST: APPROVED _AS TO 'FORM: 82: C_ItY City Attorney - �' j "', -. ,. �I ., .,�; , ,�, .. , — . — .. .�,�:, , .., -- .Y�-',-,,!�,.-., .—4Ji— , — -- ,.-, ,,� ,-,' � . - -". ,.",� . -t-,.;,-,-,� -�j I. ...�.�.- ,.-,.-.�tt �,-i., � , � " . ,.. ". -'It. , ..�- % , ..� 1�,�t'�-,�. ,- . .I ,I .,� • "', -I,-, �,, , I . 'l, 4 - ,',,,':.,I - - .... . .,�. .. .�o- .--, ` , ,,- * ,� - ,,,, . I � . I , ,-�,,-;—, -"'.- I , ,".. -:,� i.,,-, �':tt`� --- , "'. "k I.,, -'. �.. .... 11 , I I ,�-, , -,.,- .-,;.. , , , - , , , . - - -1 , ,1%,�I .'' ,, �- -,I , , .. , -, .`, .� I �. ,.I--'1- ,., �.,' , � - -�-, ,t'..,.L-,,,�',' ; -. , . .1- . w, _I', I, . . .. '. ., � �. - �,!; � I - - .-,., , -�,I,.,i . �"---, -'. ­ ".1 , , . .�.I,.,- . .I �� — t— -.f - , ., , ... — �� . � ,t .. ",,," ,- ; tl - ", .. :�.�L, -, � ,,� �;'� �--% " — t �L"-!- el ,. ;,., ,�.7, `.V, '.- t! ,, .— f , . '.j r .! , h S STATE Op"CILIFO CALIFORNIA.' y �. 1� lip �h - .Y s& ­4 ", V fCOUNTY"� F ORANGE :.) z, � , , "- t ,N , � --t -, " � , � ,'i. , "� . , r � ,.%., .��. - , I- :- ,I1 *. -" * ." 4 . l 1,; � . , � , ,� e,i i i . 1 , Qn 4, " 0 1 972;-bef6r6 me, .the under " e r - — L " signed,,._ A , otary p.t Iia�-An tand":fqr lstate;- ppr4onal1 -Appeared 7f f .. �- , ; , - , - s.. .,I , -"r.�,,.­:--'*--. -6'. - ALt"IV*- I. N4,,�,-. ,'- X--.�t` .A,'z.� �1 0, 8­"- 9J,."�",� :.i.I.,�,di,n �4--­to..t_--h� "n;-"t;e,-.t ,tl., *.-6 -b 16 t, 'h.. e�t. ,.,�, �.M A. n-,.%-.;�t ,"..:-' "4i.'"T'-h d�, .-.-P-.-w- -A. U_ L, C .,­0 JI'i . O ..'.'."-N E� S'.. -,II j.-.I, -% '. r " T known t0 me` to �te -tb -Ci' yClerk of the' munldi0al ,ICqrp ti6n , .t t X that, executed the- withi .Mottee off' d6ed restriction, now- t6,`me , -, " " w , g t67bO the"paersons who,executed.th6-Within ndtide-Of d 6d vest i6 J --. �, 10l, ti6n "on. behalf.'� , th6 municipal eo p raiion- theteln "i edt and .' C f 1 , -­ -- '.,.. ,.-". -4t ll' ackhowledg4&,td," 4 t.fijt" suah unid pAl corporatl executed the ".'�.. I - 1.- a .�, I, 1:. ­,2 within--:-,-,-i-p-.'.6, t- .7ti,Z 6.,*.6 -:6�_ r-, deed` e6T i'- '---i�,r`-e,,- s t. r i .,o.n'-.��-1": -p" u.,' rsC, lI�,,-�i. n -t 6.,-.�I',--.. t, s Charter hAiter.- 1.�, I�.-a.,. ,. ndI ..... ....;:I.-..a .:- iv. res01ut"iol'4bf i'ts7 CityCouncil. � f .-p 14 .---,-.-',-r t�i.:--,18:.'� 8 , y..,,..h."-".L�.A.'-ft1--.1 d�-�9. -and -�,!-- I- official f.fJ' .�d,.L��j'%-&j �-S,�.I e' a-I1I. 0 I�I .,1 1�. ,I-,-,"t-'-�I-,�.,1.,L;-`.l,�..,-.,.,�,��;I�,--*,.�� ��"', 6, � )F F'.- I::CA L,, U� ---(_-­..v., I7- ' - *. - I' . ­ - ESTI'NA.0 [ER FA NOTARYpUBwC-CALIFORNIA , LM . ORANGE COUNTY C���iss& pires.��,,tl973 x P"0 qx'1 0 Huntington Beach C Ifv 92648 t, , : i .I'- " ­ "t-" �/ , i � �� V . - .I,�.i ,-- -'* � ... ;.I -..,,t..., 19 -sue �� 7t , 1 - 26I, , t " ,4 , �, Z , 'y 21 , i - A , 7' , 1 " �, t 1, " " r- - � ,- - ; ,� . , ." d I , " -4 , s `". x, , 2 • ", -1 3.v l,, J - , ,. `., , ; I , - �,,...- ."-- �` i -" r t , f - - o r _ ;""x X ; " j =! I 4 4 I �:5 � 26 ," A'� l t , 1 �r T , ,� � 1 , 4 � ;, -� J? � � v � , . '�� ­��-� ,�` 4�4., �T �j" 1 -� "" - �l6lL; �I _ 4 Q ,.� - r�_ T "t , - 6 ". *,: k, _ , ., ; l . - ,"e -2§ , ;4 "-� - " " !� j - ,I, � - t- I , ­ t -... ­ , . L..,. , .- p 1 .. ' - �- -,..' . ,..� --. : " ..�.y 0 , - - � , V % 8 ^" , "f ' ,31 , t �I , .z 0 - 1, , -92., e� ";,I i, � �" ., ,.,�I , �,, , i - 1 - , r �; V, ; a � t- " �I � - ; i� -- ` , � �. I" v �1 t,t, ?,Y �-�- � ; I t r 4 i y ' � IJ, � .. ,- � .. ,.. -. ,,.. - , - .`, I I *, ,-, .. - , - . ,- .,,,,., � - I '.1 ,:L,4�� '.,', " , litqg . � 1 1�--�,-, , .- , I. , --,..,.,.- '11� , --"- -,, I ., - - , �. -. -� -- -..- � ,;.­ ,� ,� . , . - , ,,--3,, ,:*,,,,., , ,., . . I , - �, �, -1:.,,t,.: �'... -- 1� 2: - - I I I--- . , .t;.�� , � I -I-- - '.. ,,, - . � - . -*, .: -" , *" . .,, I - - :` 't t , , �' ,� �-t.�j�L.�t,� -, -- ..--" i,�1,-,-"t ...,. ". . "i I,:I , 1. - , L � . ,� � ,, : '. -,;, ",-,� ,�'t . . , �. -I;I - -- 11-1-1 , -1*1-'t - -�-� I -: I 11 � I I. , .� � ,.,,� "-'� I , �`!Il ,11. � "..� , ��,�. , , ; May l89 1972. `J.= Wylie Carlyle, Recorder . county. of Orange. ; = P-.0. Box '238 Santa Ana- .'CA; 92648 Dear Sir: ' Enclosed_.3s a Notice of Deed Restriction Bind :a copy of Resolvt.i.on _No.. 34861p for'-recording. When .recorded :• = .:,please return. to the Office .of the City. Clerk, = P. Box:1903, _Huntington Beach, CA 92648...-- ,.Thank you.. _ Sincerely 'yours', • . . Paul C-. ..Jones: •- - - - _ - - - - va - City. Clerk PCJ.:aw - Enc.' _ - " 9 May 1972 3 TO:- City Council FROM: City Attorney SUBJECT: Resolution Authorizing Execution of Notice of Deed Restriction At the request of the City Administrator, we transmit resolution authorizing the execution and recording of notice of deed restriction on property acquired for Huntington Central Park, Phase I (CALIF-OSA-375(G) ) . Respectfully submitted, DON BONFA City Attorney /ahb Attachment 4,41 1 February .23, '1972 J. Wylie-Carlyle. •= - - : - _ Orange. County-.Recorder - •P.: % -Bolo 238. i .Santa Ana-,: CA .-92701 . ,Dear Mr.._ Carlyle. Enclosed.-is. a:: Corporation :Gr Deed, recording.. `When recorded; please re the, Of ice :of the City.-.Clerk, City of Hunt on ach, .'P' 0.. Box_.r190, Huntington :Beach, :Calif a 48. Thank .you Sincerely. yours, - .-Paul ,C. Jone City, Clerk PCJ:aw t ► l City of Huntington Beach (1�+�.7 • P.O. BOX 190 CALIFORNIA 92640 ENGINEERING DEPARTMENT January 21, 1972 Honorable Mayor and City Council City of Huntington Beach Attention: Brander Castle Acting City Admi_ ' a or Subjectr:� Easement for Sanitary Sewer Wa r East of Goldenwest Street Gentlemen: At the meeting of January 17, you authorized condemna- tion, if necessary, to obtain an easement for a sewer line along the north side of Warner Avenue east of Goldenwest Street. We are in the process of obtaining easement deeds from four (4) of the six (6) owners representing 1015 Lineal-- feet of the 1090 Lineal foot total. It is requested that you approve the enclosed resolution which will allow us to proceed with the condemnation. Very truly yours, James R. Wheeler Director of Public Works JRW:HEH:ae Encl. J -69 Mail Tax Statements to : CORPORATION GRANT bEED , -AMENDING, .REFORMING .AND CONFIRMING CONVEYANCE OF REAL PROPERTY., AS AMENDED AND REFORMED WITNESSETH : • WHEREAS, for a valuable consideration, SIGNAL LANDMARK, INC . , formerly known as Landmark Estates, Inc . , a corporation, executed, acknowledged and delivered, as grantor, unto the City of Huntington Beach, a municipal corporation, as grantee, a Corporation Grant Deed dated February 2, 1970, recorded February 6, 1970, in Book 9211, Pages 293, et seq . , in the Office of the County Recorder of Orange County, California, wherein SIGNAL LANDMARK, INC . granted unto the City of Huntington Beach, a municipal corporation, its leasehold interest under that certain lease between The Signal Com- panies, Inc . , formerly known as Signal Oil and Gas Company, a corporation, and Landmark Estates , Inc . , a corporation, a memorandum of which was recorded in the Official Records of Orange County, California, on December 12, 1969, in Book 9162, Page 920, in the following described real property in the City of Huntington Beach, County of Orange, State of California . Those portions of the East Half of Section 12, Township 6 South, Range 11 West, in the Rancho Las Bolsas, as per Map recorded in Book 51, Page 14 of Miscellaneous Maps , Records of said Orange County, described as follows : Parcel 1 • The North 60 feet, the East 50 feet, the South 40 feet and the West 40 feet of the Northeast Quarter of said Section 12. EXHIBIT A EXCEPTING THEREFROM that portion included within the follow ing : Beginning at the Southeast corner of said Northeast .Quarter; thence, North 340 feet along the East line thereof; thence, West 100 feet; thence South 50 feet; thence, West 167 feet; thence, South 290 feet ; thence, East 267 feet to the point of beginning. ALSO EXCEPTING THEREFROM that portion included within the North 200 feet of the East 195 feet of said Northeast Quarter. ALSO EXCEPTING THEREFROM that portion included within ,Tract No. 5575 as recorded in Book 201, Pages. 41-43,. inclusive, of Miscellaneous Maps , records of said Orange County. Parcel 2 : That portion lying Northwesterly of a curve concave South- easterly having a radius of 32 feet, said curve being tan- gent to the South line of the North 60 feet of said North- east Quarter and also being tangent to the .East line of the West 40 feet of said Northeast Quarter . Parcel 3 That portion lying Southwesterly of a curve concave North- easterly having a radius of 32 feet, said curve being tan- gent to the North line of the South 40 feet of said North- east Quarter and also being tangent to the East line of the West 40 feet of said Northeast Quarter . Parcel 4 The North 40 feet, the East 50 feet, the South 50 feet and the West 40 feet of the Southeast Quarter of said Section 12 . EXCEPTING THEREFROM that portion included within Lots 517 and 617 of the W. T. Newland Tract, as per Map recorded in Book 4, Page 56 of Miscellaneous Maps, records of said Orange County. Parcel 5 • That portion lying Northwesterly of a curve concave South- easterly having a radius of 32 feet, said curve being tan- gent to the South line of the North 40 feet of said South- east Quarter and also being tangent to the East line of the West 40 feet of said Southeast Quarter. Parcel 6 That portion lying Northeasterly of a curve concave South- westerly having a radius of 32 feet, said curve being tan- gent to ,the South line of the North 40 feet of said South- east Quarter and also being tangent to the West line of the East 50 feet of said Southeast Quarter . r -2- Parcel 7 • That portion lying Southeasterly of a curve concave North- westerly having a radius of 32 feet, said curve being tan- gent to the West line of the East 50 feet of said South- east Quarter and also being tangent to the North line of the South 50 feet of said Southeast Quarter . Parcel 8 • That portion lying Southwesterly of a curve concave North- easterly having a radius of 32 feet, said curve being tan- gent to the East line of the West 40 feet -of said Southeast Quarter and also being tangent to the North line of . the South 50 feet of said Southeast Quarter. , EXCEPTING from each and all of the above described parcels of land all water, water rights , oil, oil rights , minerals , mineral rights , natural gas , natural gas rights ; and other ' hydrocarbons by whatsoever name known that may be within or under the parcels of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from said land or any other land, including the right to whipstock or direc- tionally drill and mine from lands other than those herein- above described, oil or gas wells , tunnels and shafts into , through or across the subsurface of the land hereinabove described , and to bottom such whipstocked or directionally drilled wells , tunnels and shafts under and beneath or be Y yond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such wells or mines , without, however, the right to drill, mine , ex- plore and operate through the surface or the upper 100 feet of the subsurface of the land hereinabove described or otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands . Subject to that certain Trust Agreement, as amended between The Signal Companies , Inc . , formerly known as Signal Oil and Gas Company; a corporation, and Landmark Estates , Inc . , a corporation, as trustors ,: and Title Insurance and Trust Company, a corporation, as. trustee, dated February 4, 1966; and WHEREAS, by a Resolution of the City Council of the City of Huntington Beach, Accepting the Grant of Certain Property to the City of Huntington Beach, being Resolution No . 3124, passed and adopted by the City Council of the City of Huntington Beach at a regular meeting held on January 19, 1970, and recorded February 6, 1970, in Book ,9211, at Page 287, the City of Huntington Beach ac- cepted , inter alia, the foregoing described conveyance of real property by SIGNAL LANDMARK, INC.; and r -3- WHEREAS, such conveyance was made pursuant to an agreement between the City of Huntington Beach, The Signal Companies, Inc . and Signal Landmark, Inc . , dated January 19, 1970, which agreement was referred to in said Resolution No. 3124 and which agreement did and does provide that the interests to be conveyed were to be easements for street purposes upon, over and across the interests of each of such grantors in the real property described in -each. of .such res- pective deeds, and, accordingly, the purpose -of• such- conveyance was to grant and convey solely easements for street purposes ; and WHEREAS, through inadvertance and mistake such deed of SIGNAL LANDMARK, INC. omitted to set forth that the interest in the real property conveyed by such deed was, in fact, the conveyance of an easement for street purposes upon, over and across its interest in the above described real property; NOW, THEREFORE, for valuable consideration, SIGNAL LANDMARK, INC . , with the acceptance, ratification and approval of the City of Huntington Beach, by Resolution of the City Council of the City of Huntington Beach, annexed- to.�this instrument, hereby amends and re- forms the provisions of the Corporation Grant Deed of SIGNAL LANDMARK, INC . , as grantor, unto the City of Huntington Beach, as grantee, dated February 2, 1970, as hereinafter .provided, and by this instrument SIGNAL LANDMARK, INC . , as grantor, hereby grants, ratifies and con- firms unto the City of Huntington Beach, as grantee, the conveyance of that certain interest in and to real property evidenced by said Corporation Grant Deed of SIGNAL LANDMARK, INC. , as grantor, unto .the City of Huntington Beach, as grantee, dated February 2, 1970, as amended and reformed by this instrument, to wit : ' SIGNAL LANDMARK, INC . , formerly known as LANDMARK ESTATES, INC. , a corporation, hereby grants to the CITY OF HUNTINGTON BEACH, a muni- cipal corporation, an easement for street purposes upon, over and across its leasehold interest under that certain lease between THE SIGNAL COMPANIES, INC . , formerly known as Signal Oil and Gas Company, a corporation, and LANDMARK ESTATES, INC. , a corporation, a memoran- -4- dum of which was recorded in the Official Records of Orange County, California, on December 12, 1969 , in Book 9162, Page 920, in the following described real property in the City of Huntington Beach, County Of Orange, State of California : Those portions of the East Half of Section 12, Township 6 South,' Range 11 West, in the Rancho Las Bolsas, as per Map recorded in Book 515, Page 14 of Miscellaneous Maps, Records of said Orange County, described as follows : Parcel 1 • The North 60 feet, the East 50 feet, the South 40 feet and the West 40 feet of the Northeast Quarter. of said Section 12. EXCEPTING THEREFROM that portion included within the -follow- ing : Beginning at the Southeast corner of said Northeast Quarter; thence, North 340 feet along the East line thereof; thence; West 100 feet; thence, South 50 feet; thence, West 167 feet; thence, South 290 feet; thence, East 267 feet to the point of beginning. ALSO. EXCEPTING THEREFROM that portion included within the North 200 feet of the East 195 feet of said Northeast Quarter. ALSO EXCEPTING THEREFROM that portion included within Tract No. 5575 as recorded in Book 201, Pages 41-42, inclusive, of Miscellaneous Maps, records of said Orange County. Parcel 2 . That portion lying Northwesterly of a curve concave South- easterly having a radius .of 32 feet, said curve being tan- gent to the South line of the North 60 feet of said North- east Quarter and also being tangent to the East line of the West 40 feet of said Northeast- Quarter. Parcel 3 • . That portion lying Southwesterly of a curve concave North- easterly having a radius of 32 feet, said curve being tan- gent to the North line of the South 40 feet of said North- east Quarter and also being tangent to the East line of the West 40 feet of said Northeast Quarter. Parcel 4 The North 40 feet, the East 50 feet, the South 50 feet and the West 40 feet of the Southeast Quarter of said Section 12. EXCEPTING THEREFROM that portion included within Lots 517 - and 617 of the W. T. Newland Tract, as per Map recorded in Book 4, •Page 56 of Miscellaneous Maps, records of said Orange County. Parcel 5 : That portion lying Northwesterly of a curve concave South- easterly having a radius of 32 feet, said curve being tangent -5- to the South line of the North 40 feet of said Southeast Quarter and also being tangent to the East line of the West 40 feet of said Southeast Quarter. Parcel 6 • That portion lying Northeasterly of a curve concave South- westerly having a radius of 32 feet, said curve being tan- gent to the South line of the North 40 feet of said South- . east Quarter and also being tangent to .the West line of the East 50 feet of said Southeast Quarter . Parcel 7 : That portion lying Southeasterly of a- 'c.urve- concave North-- westerly having a radius of 32 feet, said curve being tan- gent to the West line of the East 50 feet of said South- . east Quarter and also being tangent to the North line of the South 50 feet of said Southeast Quarter. Parcel 8 • That portion lying Southwesterly of a curve concave North- easterly having a radius of 32 feet, said curve being tan- gent to the East line of the West 40 feet of said Southeast Quartet and also being tangent to the North line of the South 50 feet of said Southeast Quarter. EXCEPTING from each and all of the above described parcels of land all water, water rights , oil, oil rights, minerals , mineral rights , natural gas , natural gas rights, and other hydrocarbons by whatsoever name known that may be within or under the parcels of land hereinabove described, together with the perpetual right of drilling, mining, exploring and operating therefor and removing the same from said land or any other land, including the right to whipstock or direc - tionally drill and mine from lands other than those herein- above described , oil or gas wells , tunnels and shafts into , through or across the subsurface of the land hereinabove described, and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or be- - yond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair, deepen and operate any such well-s , or mines, without, however, the right to drill, mine, ex- plore and operate through the surface or the upper 100 feet of the subsurface of the land hereinabove described or otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands . Subject to that certain Trust Agreement, as amended, between THE SIGNAL COMPANIES, INC . , formerly known as Signal Oil and Gas , Company, a corporation, and LANDMARK ESTATES, INC . , a corporation, as trustors, and Title Insurance and Trust Company, a corporation,' as trustee, dated February 4, 1966. IN WITNESS WHEREOF, the Grantor has caused its corporate name t -6- and seal to be affixed hereto and this instrument to be executed by its officers thereunto duly authorized . . DATED : , 1971 SIGNAL LANDMARK, INC . , Formerly Known As LANDMARK ESTATES, INC . By - Its By . Its -7- r STATE OF CALIFORNIA ) SS : COUNTY OF ) On 1971) before me, -the undersigned, a Notary Public in and for said State, personally appeared known to me to- be . the and known to me to he ,the of the corporation that executed the within instrument, .known to me to be the persons who executed the within instrument on behalf -of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors . WITNESS my hand and official seal. Rotary Pu is [SEAL] d�� +''r \.#.4 ,:�� d. GRANT DEED OF 4 EASEMENTS FOR STREET PURPOSES f; 'y TITLE INSURANCE AND TRUST COMPANY, a corporation organized under the, laws of the State of California, hereby grants to the City of Hunt- ington Beach, a municipal corporation, easements for street purposes upon, over and across the following described real property in the City of Hunting- ton Beach, County of Orange, State of California: Parcel A• ; j The security interest of Title Insurance and Trust Company under that certain trust agreement between Signal Oil and 4 Gas Company, a corporation, and Deane Brothers , a corpo- ration, as trustors , and Title Insurance and Trust Company, a corporation, as trustee, executed on the 4th day of Feb- ruary, 1966, which trust was amended on the 19th day of =`T January, 1970, to substitute Signal Landmark, Inc. , formerly known as Landmark Estates, Inc. , in the place and stead of Deane Brothers, in the following property in the County of Orange , State of California, described in Exhibit "A" attached t hereto and by this reference incorporated herein. Parcel B: z The property described in Exhibit "A" attached hereto and k ' by this reference incorporated herein. : ; IN WITNESS WHEREOF, Title Insurance and Trust Company has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its Vice President and Assistant Secretary thereunto duly authorized. ,.. /D��'E'� Dated: L�� 1�171 TITLE INSU-RANG€ ND ZUST C. PANY � r :x B y 1 -> Vi e President :4 (SEAL) By E; Assistant Secretary . r STATE OF CALIFORNIA) ss. COUNTY OF ORANGE ) On December 21, 1971before me, the undersigned, a Notary " ' Public in and for said State, personally appeared Richard Cecchettini, known to me to be a vice president, and Verne" i . Rodgers known to me to be an assistant secretary of the corporation that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument. pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. (SEAL) DELPHIA 0. DENI30N Q11 .� NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN otary Nblic in and for said State ORANGE.COUNTY OFFICIAL SEAL My Commirlon Eq jr" 1uh C, I97>I '` l �O��A�A44A0!!wn�•.ya3oQ•llAAA4��N r - ' (a) Those portions of the southwest one-quarter ton 1`,Fer of Se r Township 6 South, Range 11 West , San Bernardino. Base and Meridian Orange County, California being moreparticu- larly described as follows : - Parcel 1• The north 40.00 feet of said southwest one-quarter , excepting therefrom the westerly 690 feet . Parcel 2 • The east 40.00• feet of said southwest one-quarter . Parcel 3• The south 60.•00 feet of said southwest one-quarter . Parcel 4• That portion of said southwest one-quarter lying north- t easterly from a .curve concave to the southwest , having a radius of 32.00 feet , being tangent on the north to the south 'line .of parcel 1 above, and being tangent on the east to the west line of parcel 2 above. Parcel S : That portion of said southwest one-quarter lying south- easterly from a curve concave. to the northwest, having a radius of 32 .-00 feet, being tangent on the east to the west line of parcel 2 above, and being tangent on _ the south to the north line of parcel 3 above. Parcel 6: That portion of said southwest one-quarter lying south- westerly from a curve concave to the northeast, having a radius of 32.00 feet, being tangent on the south to a line parallel with and 60.00 feet northerly, measured at right angles, from the south line of said southwest one- quarter, and being tangent on the west to the east right of way line of Beach Boulevard, •138.00 feet in width as now laid out, said right of'way line being parallel with and 88.00 feet easterly, measured at right angles, from the west line of said southwest one-quarter. 5 (b), Those portions of the southeast one-quarter of Section 1, b Township 6 South, Range 11 West, San Bernardino Base and 3 Meridian, Orange County, California, being more particu- larly described as follows: Parcel 7 : The west 40.00 feet of the southwest one-quarter of said southeast. one-quarter. S Parcel 8: The south 60.00 feet of the southwest one-quarter of said southeast 'one-quarter. =# EXHIBIT "A" ._. Page 1 of 2 Pages As ,:..a_._:�.-...... ... ..... o::-„ ::,, ., ••: -,.....- gnu ,t - .-.as •. •• - ,. -• - -F �r :'l?... .,r�N;t,.-'� 5-r r•-.rn: ,_:_a°. .'�- i- a� .-., .,.'�.°_ t°.._al... :L� Z• , r., ,_-- -. .r .,,. ._ i- ...,_ .. ��^ _ � F ,fit E: - - • _ '_ Parcel 9 : That portion of said southeast one-quarter lying southwesterly from a curve concave to the northeast , having a radius of 32 . 00 feet , being tangent on the west to the east line of Parcel 7 above, and being tangent on the south to the north line of Parcel 8 above. Excepting from each and all of the above described parcels of land all water, water rights , oil , oil rights , minerals , mineral rights , natural gas , natural gas rights , and other hydrocarbons by whatsoever name known that may be within or under the parcels of land hereinabove described, together with the perpetual right of drilling , mining , exploring and operating therefor and removing the same from said land .or any other land, including the right to whipstock or direct- ionally drill and mine from lands other than those hereinabove described, oil or gas wells , tunnels and shafts into , through or across the subsurface of the land hereinabove described and to bottom such wipstocked or directionally drilled wells , tunnels and shafts under and beneath or beyond the exterior limits thereof, and to redrill , retunnel , equip , maintain, repair, deepen and operate any such wells or mines , without , however, the right to drill , mine , explore and operate through the surface or the upper 100 feet of the subsurface of the land hereinabove described or. otherwise in such manner as to endanger the safety of any highway that may be constructed on said lands . Further excepting from each and all of the above described par- cels of land any and all areas previously dedicated for street right of way purposes and/or other public uses . •EXHIBIT "A" Page 2 of 2 Pages -RE I i:!�M"r �W ] C� December 22`, 1 Southern• California Edison .Co - P.O: Box 111 Huntington; Beach," California ,' .92648 Att'enton: Rober[ Burbank, .District Representative Gentlemen : We.::are transmittingt. vault, copy;of_ Deed 17`4 for - street widening across, the .Barre-Ellis,.transmission. at ffrookhurst Street , Also enclosed,:..,is' Check, #26281 --in. the ,amount 'of 000 ,to . cover engineering and processing.-fees .:- Inasmuch, as _.the easement. was approved. by. theActing_City Administrator_, minute action was not. necessary. Sincere Zy youis ,... Paul, C.. Jones, City -Clerk -PCJ:cb enc `a. _ City of Huntington Beach P.O. BOX 180 CALIFORNIA 82648 ENGINEERING DEPARTMENT November 29, 1971 a. Brander Castle Acting City Administrator City of Huntington Beach Subject: Street Widening from Southern California Edison Company Dear Mr. Castle: Transmitted herewith is a deed for additional right of way across the Barre-Ellis transmission line at Brookhurst Street. Said right of way was necessary for the construction of the ultimate street section. It is recommended that you accept the deed and transmit to the City Council for acceptance, and that the City Clerk be instructed to return the Vault copy and a certified copy of the action to Southern California Edison Company together with the attached $200.00 check. Very truly yours, ames R. Wheeler Director of Public Works JRW:CPS:ae Trans. IhV- r _ Southern California Edison Company 9F HUNTIN GTON BEACH, CAL IFO RN IAV 92849 P. W. RICHARDSON July 6, 1971 DISTRICT MANAGER City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: Mr. James R. Wheeler Director of Public Works Gentlemen: Easement for Road Purposes Brookhurst Street Improvement Barre-Ellis TL R/W File No. 2-71-0-13 MC Enclosed is the or and a vault copy of a road easement across our Barre-Ellis transmission line right-of-way at Brookhurst. Will you please have the easement signed by the City and return the Vault Copy and a certified copy of the minutes of the City Council meeting authorizing acceptance of the easement to our office. We also will need your check in the amount of $200.00 to cover engineer- ing .and processing fees. Enclosed, also, is a letter outlining conditions to be met during construction. If these conditions are acceptable would you please sign and return the copy of this letter with the easement. Ve ruly you � r , vC � o ert P. Burbank, Manager Huntington Beach RPB:imr Enclosures � , a >q j � T 1. tTs.t�r>� ;�� �•. 1 r" ;t•4Y iYi..-,7 f nZ 1 ✓�F 7 v(r` LR tic H `� y �1� J -. �� - i - r�A' '- .. ,'. � y: yt �y, �Y•i.-..;,r•, -Fr.r 4{�. tt i'yfF� Y-t?tt r=�� -r4 •wt'.t.h 4 - _i,`�� - . ,, _ .. °-�Y..S" ��c`O_..,...�SL�y' ._-.U`6?.S.r_.�..-:s'.�ti-'.6�,.=.,"�';- •--- z_ - _ _.. ....... CITY OF HUNTINGTON BEACH P.O. BOX 207 HUNTINGTON BEACH, CALIFORNIA DATE P.O. NUN-BEP. GROSS AMOUNT DISCOUNT NET AMOUNT ' I 11�16d71 TnOn J �eeG� #. 17i 200, 00 •011 I 200. 01 i �- - - = ---- ---- --- -- -- ' — --- - I - TOTALS > .00, 00 _ i T• c» I 200.�' -90-2291 :CITY i0 HUN;TINGTON .B:EACH:. ,Z22: P.O.-BOX 207; . �HUNTINGTON BEACH,:'CALIFORNIA , NU�nBeR 12� 8 IJ { PAY TO THE ORDER OF i - - DATE ' ..NUMBER NET-AMOUSJT - SQL►THFkIi LLF EQ'iSQ.PI ID11*15�,71 2.6281 :.' S+w,kr*#20�0';.I � a i 8 12 0 r,n'R:TCL� Cil�rs�i� y �� H i N T I N;;1't!i, .PE A y C A I F 9 2. rox• j, �m+,�:!l�iltt' rh CITY.OF " { -HUNTINGTON,BEACH VOID UNLESS PRESENTED FOR ENCASHMENT WITHIN 90 DAYS FROM DATE OF ISSUE; s ! MA-N AND F,LLIS FIH ANCH '�� T �s ..f �f _�!�.!!, �r•r��'� t BANK OF AMERICA..: NA i1pNA1 $AV fi AS jf)CUI.ON i 'f y�.:>�M• Y� !_f rt g ,. HUN-FINGTON BEACH. CALIFORNIA - ��•�� � —� �� �- 'II'02628111' 2 *229i�: 8945•�8020i�i:' 'i ija 6 May 1971 TO: City Council FROM: City Attorney SUBJECT: Purchase of Talbert Water District Reservoir Site Attached is a copy of escrow instructions for the purchase of the Talbert Water District reservoir site for Council approval, and authorization for the Mayor and City Clerk to execute same, subject to approval of the City Attorney . Respectfully submitted, DON BONFA City Attorney DPB:ahb Attachment y „W63 C PAGE 1 . Escrow No. 4 9132 0-RB ESCROW INSTRUCTIONS Date: October 1970 T= INSURANCE AND TRUST COMPANY: On or before 29 days from date ,I will hand you the sum of TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22 ,500. 00) of a total purchase price of TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($22 ,500. 00) together with any additional funds and other documents. requir-ed of Buyer' to enable you to vdtkkwxmxi*A*1kxKwkwxx%kvb*AR comply with these instructions, which. .you will de��YY r�when you obtain the performances herein required of Seller, including a ,flue@ in favor of Vested and when you can issue your usual form CLTA policy of title insurance with liability not exceeding$ 22 ,500. 00 on property described in the attached Exhibit ".A” showing title vested in the City of Huntington Beach or other nominee for vesting purposes only. General SUBJECT ONLY TO: (1) and special taxes for the fiscal year 19 70 -19 71 (2) Covenants, conditions, restrictions and public utility easements of record, prov4ed-9aid-easement9-4o-*t exc*P& i*-feet-i ►=v�ids �.tea+a ab�►g the we (r-oae side 4ime ef-&aid lanir r-Ac*.41mg 41w-reag aim one e shown as exceptions 1 through 5 on Title Insurance and Trust Company' s preliminary title -report no. 491.320 , dated September 1 , 1970 . It is understood and agreed. that the full purchase price must be used to retire bonds of the Talbert Water District . •.a+ .�.� L .JCl.LC 1. .t LC3i1C1_L11.11:lj 1.Uhl.U ILIC:1 J. 1J UY CL CL1 I%A JC11C1 11 C.`f11C laa A\►1•:. that Sel have the. right to regain possession and use of the bject property in rder to meet its legal obligations to its custo rs in the event . that Bu is unwilling or unable to carry out its c tractual obligations purs nt to the said agreement. The partie' therefore, have agreed that the de to record will contain the reser ion more particu- larly described in t - succeeding paragraph. Buyer and Seller a agreed that the deed record will contain the following reservation aft description: "Excepting and reservi an exclusive ement in favor of the Talbert Water District, i successo and assigns , to reenter and use the subject proper as ne ssary to fulfill its legal obligations to supply irrigat ater to the remaining customers of the District, if any, in t vent that the City of Huntington Beach, its successors and a igns, re unable or unwilling to supply irrigation water t such cust ers., pursuant to that certain unrecorded agreement, ed November 8 , - 9681, by and between Grantor and Grantee. ". As an additional ter not to concern escr holder, Seller has agreed, as a covenan. o survive delivery of the d called for herein, to execute. and ack wledge, without additional - consi ation, within ,j thirty (30) days f Buyer' s request, any documents reas ably required by a reputabl itle company to terminate the -above-descri d easement ' and to remo the cloud on Buyer' s title resulting from the ove- describe eservation in Buyer' s deed at such time that the su .ect prop- erty i no longer needed to supply irrigation water to the custo s of Sell or at such time that the City of Huntington Beach arranges a s titute supply that does not rely upon the. reservoir facility upon '- B:s 04-8 c ' GENERAL PROVISIONS All funds received in this escrow shall be deposited with other escrow funds in a general escrow account or accounts of a Title Insurance and Trust Company, with any State or National bank doing business in the state of California, and may be transferred to any other such general escrow account or accounts. All disbursements shall be made by check of Title Insur- ance and Trust Company. Any commitment.made in writing to Title Insurance and Trust Company by a bank,trust company,insurance company, or building and loan or savings and loan association, to deliver its check or funds into this escrow may,in the sole discretion of Title Insurance and Trust Company, be treated as the equivalent of a deposit herein of the amount thereof. All adjustments to be made on a basis of 30-day month. Recordation of'any instruments delivered through this escrow, if necessary or proper in the issuance of the policy of title insurance called for, is authorized. No examination or insurance as to the amount or payment of real or personal property taxes is required unless the real property tax is payable on or before the date of the policy of title insurance. Execute on behalf of the parties hereto, form assignments, of interest in any insurance policies (other than title incur. ante) called for herein and forward them upon close of escrow to the agent with the request, first, that insurer consent to such transfer or attach loss-payable clause or make such other additions or corrections as may have been specifically re- quired herein, and second, that the agent thereafter forward such policies to the"parties entitled to them. In all acts in this escrow relating to fin: insurance, including adjustments, if.any, you shall be fully protected in assuming that each such policy is in force and that the necessary premium therefor has been paid. Unless you are otherwise specifically requested 'by written instructions so. to do, no examination nor insurance as to the applicability, amount or payment of any transfer tax, imposed by any local, city or county ordinance or otherwise, is required through this escrow, as the same will be taken care of by the parties hereto outside of escrow and you are not to be concerned with the payment of any such tax. within 3.0 days from date Time is of the essence of these instructions. if this escrow is not in condition to close-by—-------------49---, any party who,then shall have fully complied with his instructions may, in writing, demand the return of his money and/or property; but if none have complied, no demand for return thereof-shall be recognized until five days after the escrow holder shall have mailed copies of such demand to all other parties at their respective addresses.shown in the escrow in- structions. If no such demand is made, close this escrow as soon as possible. Any amendment of or supplement to any instructions must be in writing. Deliver title insurance'policy to City of Huntington Beach Instruet lecorder to mail deed t0 Buyer Start search of title at once. 1 pay one-half (1/2) escrow fee and recording deed CIT OF HUNTINGTON BEACH Signature 2 Z dres Telephone ayo Signatureg Idress Telephone a"�'i t y k , California Title Insurance and Trust Coin ny: Date: I have read and approve the foregoing instructions. On or before 28 days from date I will hand you -funds and instruments required of Seller which you will deliver when you can issue the policy of title insurance called for and _hold for Seller' s account instruments and funds accruing to Seller. The foregoing GENERAL PROVISIONS are hereby incorporated in these instructions. Pay all encumbrances of record necessary to place title in the condition called for. I will hand you any funds and instru- ments required for such purpose. Deliver title insurance policy to Buyer Instruct Recorder to mail deed to Buyer Begin search of title at once. I pay title charges, transfer tax, drawing deed and one-half (1/2) escrow fee Signature TAL13ERT WATER DISTRICTddress c/o Rodger H. ;Howell Telephone 835-2200 Rutan & Tucker Signature By��? ess 401 Civic Center Drive Telephone ��_ Santa Ana, California LEGAL DESCRIPTION That portion of Section 5 , Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per. map .recorded in Book 51, page 14 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the South line of said section 5 with the Westerly line of the joint outfall sewer right of way as described in deed recorded in Book 673 page 389 of Official Records 'of Orange County, California; thence South 89029100" West along the Southerly line of Section 5, 211. 18 feet; thence North 0131 ' 00" . West 660. 00 feet; thence North 89° 29 ' 00" East 380. 00 feet to said westerly line of the joint outfall sewer right of way; thence South 13020130" West 679. 19 feet along said westerly line to the point of beginning. Except all oil. and 'gas and other minerals of whatsoever nature on, in and under the lands above-described, or that may be produced therefrom but that the extraction and removal of such minerals must be by means other than by entering upon the surface of said land, as reserved by Tide Water Associated Oil Company, recorded May 24, 1956 in Book 3523 page 69, Official Records. EXHIBIT "A" 5 March 1971 TO: City Council FROM: City Attorney SUBJECT : Resolution Relating to Purchase of Certain Lands At the request of the City Administrator, I am submitting herewith for your consideration a proposed resolution relating to the purchase of certain lands . Respectfully submitted, DON P. BONFA City Attorney DPB:lm Attachment t J '1-'1-•Za 9sus tzp Vibes U-o-'$t t c. CSC, 2, - L P . M. 109-2 Refuse Disposal Station No. 16 CONTRACT FOR SALE OF REAL PROPERTY f THIS IS A CONTRACT, made this day of 1970 , BETWEEN COUNTY OF ORANGE,, hereinafter designated as GRANTOR, - AND CITY OF HUNTINGTON BEACH, hereinafter designated as GRANTEE, W I T N E S S E T H : — ~~� The said GRANTOR, in consideration of the sum of r�128.750 receipt of which is hereby acknowledged, and in cons deration--of the covenants and agreements hereinafter contained,�agrees to sell and convey unto GRANTEE; and GRANTEE agrees to buy all-that certain parcel of land located in the County of Orange, State of California, as described on the 'Grant Deed, marked "Exhibit A" , attached hereto and made a part hereof. In consideration of which and other considerations hereinafter set forth, IT IS .MUTUALLY AGREED AS FOLLOWS: 1. GRANTOR shall deliver to GRANTEE a properly executed Grant Deed, a copy of which is attached hereto as "Exhibit A" , subject to all liens , encumbrances , covenants , conditions , restrictions, and rights of way of record. or apparent . 2. The parties hereto agree that the $ 128 7"50 con- sideration is equal to fifty percent (50' ) of the fair market value as of April 27 , 1970 , and that GRANTOR is conveying this parcel of land to GRANTEE on the express condition that use of the property shall be limited to the operation of a public park, playground, and recreational . facility for the beneficial use of all residents of the County of Orange, and that, if the property is used for any other purpose, the property and all improvements thereon shall automatically revert to the GRANTOR, without any further action necessary on the part of GRANTOR. GRANTEE, its successor or assigns may use or permit to be used all or any part of this parcel of land for a playground in connection with any adjacent public school site so long as the public in general may use such portion of parcel for public park and recreational purposes outside of the days and hours of regular school use. If at some future time the GRANTEE desires to free the property or any portion thereof from this limitation, GRANTEE shall pay to the GRANTOR an amount equal to fifty percent (50%) of the fair market value of the property 68-12 8.28o from which the GRANTEE desires the limitation removed. Said market value shall be the market value of the land only and shall be valued as of the date the limitation is removed. In the event .GRANTOR and GRANTEE cannot agree upon a fair market value, either GRANTOR or GRANTEE may request the fair market value to be determined by qualified real estate appraisers . Within thirty (30) days of such re- quest, GRANTEE and GRANTOR shall each select a qualified real estate appraiser, and the two chosen shall select a third qualified real estate appraiser. GRANTOR shall, upon selection of the appraisers , immediately fix a time and place for a conference between the parties and the appraisers . Such conference will be for the purpose of agreeing upon general instructions to be given the appraisers. The appraisers selected by GRANTEE and GRANTOR shall, within sixty (60) days after receiving their instruc- tions, deliver a copy of their fully documented written - appraisal of the fair market value to the GRANTEE, GRANTOR, and the third appraiser. The third appraiser will analyze said appraisal, conduct such investigations, interviews, and discussions with or without the other appraisers or either of them as he deems necessary . •• At a time not to exceed fifteen (15) days after sub- mission of the written appraisal and at a place the three appraisers shall name, the respective parties may have representatives appear and argue such appraisal matters as the parties deem appropriate. Within five (5) days after such time, the appraisers shall make a final written determination of the fair market value. If the appraisers are unable to agree, then the final determination shall be made by the third appraiser. GRANTEE and GRANTOR shall each pay the cost of the appraiser chosen by them and equally share the cost of the third appraiser. 3. GRANTEE is aware that the property is a former refuse disposal station containing fill of trash and other waste materials and is thus subject to surface and subsurface instability, settlement , gas generation, spontaneous combustion, cracking, smoking, and other conditions because of such former use. GRANTEE agrees to accept said property in an "as is" condition and agrees to assume all future liability arising out of the condition of such property and further agrees to hold GRANTOR harmless from any and all suits for injury or damage arising in any way from such former use or which may arise from GRANTEE'S use or development of the property . 4. If GRANTEE wishes this transaction handled through an external escrow, all charges for said escrow shall be paid by GRANTEE. The cost of title insurance, if desired by GRANTEE, and the cost of Documentary Tax Stamps, if any, shall be fully borne by GRANTEE. i -2- _; Lib III/06/09 6.100 5. The conveyance of this real property is subject to compliance with Section '25365 of the Government Code of the State of California, which, in part , requires publication of notice of this intended conveyance in a newspaper of general circulation in Orange County at least one week prior to the transfer. GRANTEE agrees to pay the cost of the required publication. _3_ Lib III/08 6.l00 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY HUNTIN BEACH BY By Clerk, City ofjWtington MAYOR PRO EM Beach AP . VMD � TO FORM DON. P. BONFA ATTEST: City Attorney W. E. ST JOHN, County Clerk of COUNTY OF ORANGE, the County of Orange , and ex a body corporate and politic officio Clerk of the Board of Supervisors of Orange County By_ Chairman , Board of Supervisors By _ Deputy APPROVED AS TO FORM: Adrian Kuyper ,, i Coun Counsel By RECOMMENDED FOR APPROVAL: A. S. Koch County Surveyor and ad Commis$- e By Stanley E. Krause , Director Dept . o Real Prope ervices B v Lib III/07 6 .20 s Recorded of request of, and return to: Orange County Dept. of Real Property Services 515 North Sycamore Street Santo Ana, California 92701 Project No. 109 Project: Refuse Disposal Station 16 `I Parcel No. 2 GRANT DEED ' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUNTY OF ORANGE t does hereby GRANT to CITY OF HUNTINGTON BEACH the real property in the County of Orange, State of California, described as: a All that certain land situated in the City of Huntington Beach, to ?�� described as follows: cJ The Southeast quarter of the Northeast quarter of Section Thirteen, Township Six South, Range Eleven West, S.B.B. & M. xtzj EXCEPTING THEREFROM the East 500.00 feet of the North 425 feet. .A k LSO EXCEPTING THEREFROM the South 230 feet. ' iLSO EXCEPT THEREFROM all oil, gas, asphaltum, hydrocarbons and inerals in and under or which may be produced from said land,ogether with the right to use that portion only of said land which nderlies a plane parallel to-' and 150 feet below the present urface of said land, for the purpose of prospecting for, exploiting nd extracting saidsubstances from said land by means of mines ored or wells drilled into said subsurface of said land from sites ocated on' other land, without the right to. enter upon the surface f said land, or to use said land or any portion thereof to said } depth of 150 feet, for any purpose whatsoever, as reserved in the , .- deed from Tide Water Realty Company recorded June 19th, 1956 in Book 3549; page 62, of. Official Records. The above described land.-is, conveyed- subject to all liens, encumbrances, covenants, conditions, restrictions, and rights of way of record or apparent. EXHIBIT R The ESTATE conveyed herein is a fee simple defeasible upon the condition that , if the property is used for any purpose other than the operation of a public park, playground, and recreation facility for the beneficial use of all residents of the County of Orange , the entire estate conveyed herein, and all improve- ments thereon, shall automatically revert to the GRANi'OR without any further action necessary on the part of the GRANTOR. I1 at some future time the GRANTEE desires to free the property or any portion thereof from this condition, GRANTEE shall pay to the GRANTOR an amount equal to fifty percent (50 ) of the fair market value of the property from which the GRAivTEE desires the limitation removed. Said market value shall be the market value of the land only and shall be valued as of,'the date the limitation is removed i 4 :a 6g_l . FXHIBIT A 3 Date COUNTY OF ORANGE By Chairman, Board of Supervisors ATTEST: W. E. ST JOHN, County Clerk of the County of Orange and ex officio Clerk of the Board of Supervisors of Orange County By Deputy STATE OF CALIFORNIA ss. COUNTY OF:ORANGE r F • On this day of 19 —, before me, a Notary Public in and for said County and State, personally appeared } as Chairman of the Board of Supervisors of Orange County, California,-who is known to me to be the person described in and whose name is subscribed to the i within instrument, and acknowledged to me that he executed the same on behalf of said County of Orange and as such officer thereof. ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and { year in this certificate first above written. r J - APPROVALS Approved as :o form by un Counsel oaddacch.�3*4"5. By: roai=s EXHIBIT A R - • C APPROVED BY CITY Cw�i •" -., M E M 0 R A N D UM x ____.-----•--------•--_-- " L-1-141D. L :CITY.a T0: Honorable Mayor and City Council FROM: Recreation and Parks Commission DATE: December 14, 1970 SUBJECT: PARK PRIORITY GIFT ACCEPTANCE, IRBY PARK - ! The subject gift comprises a 4.6 acre addition to Irby Neighborhood Park south of Heil Avenue and east of Edwards Street. Mr. C. M. Jones first offered the property on November 6, 1970, and the gift was reviewed by the Commission at the regular meeting of November 18 at which the following was noted: 1. With the addition of the gift, Irby Park will comprise a total of 7.7 acres. 2. The total park is similar in character to the Chris Carr park project and has a potential as an ecological wild life preserve with nature study amenities. 3. Funds for development could be provided in the 1973-74 fiscal year. A second letter offer was received from Mr. Jones on Decem- ber 8 which was conditioned on acceptance during 1970 due to I.R.S. requirements. The City had requested a letter appraisal for this purpose in November which will be comple- ted on or about December 25, 1970. This necessitates Council action at the meeting of December 21 prior to receipt of appraisal per Mr. Jones letter attached. RECOMMENDATION: The Commission and City Administrator recommend acceptance of the property prior to appraisal as there will not be an exchange of funds for the property. Respectfully submitted, -Co /�� w g Orman Worthy Tom Severns Secretary Development Coordinator Enc. Ltr. offer and description 0. MICHtiL;' L, INC. BUIL-jMR6 AND DEVELOPERS P.O. BOX 276 ■ 6501 BOL£3JAL AVM. ■ DQI13WAY CITY, CALIF. 8S655 PHONM8 ■ ( 714) 693.35343 ■ (813) 430-5517 • (714) 534-5488 December 8 , 1970 Honorable City Council City of Huntington Beach P. 0. Box 190 Huntington Beach, California Gentlemen: We herein offer to .give to your city approximately 4 . 6 acres of land located South of Tract No. -.5551, for a park site, provided an appraisal being obtained by your city from Land Acquisition Service is acceptable to us . This offer is contingent upon the receipt of said appraisal. and the acceptance by your city prior to December 29, .1970 . Very truly. yours , C. MICHAEL, INC. C. M. Joles Secretary- easurer CMJ/bb 1 Cj a a IWA-AI II IZpyJ //1./IV. Y✓OV III.//l. r✓V -1J,YY MARCH 196E-69 NCrF-°' £:)SOOrS MOCK ASSES:OWS Nq° cOr NJMSFo A.CCr" SPACF 47 _ •!f: iN C'�'CL: CO:;NTY CT �:-AN(;f -�—� POR.E. //2, N.W. I/4, S.E.//4, SEC.22, US, R.// IW -40 29 t In' I WALKWAY COI !O !/ 31 JJ� JI J1 r •c Je ems' rRA�r z ° OO h SUBTECT PROPERTY Q fie' •i ac 11 if !9 a ?� r FOUNTAIN r i I.cNc I 26 a z' Q ;es 0 .^ 0 e O 0 1 s'er � eJ. . • o er I � •t ,,I � r.•. 2i •� ass lS �'Sf' . I ee Rom. � ! � •i. .+a aJ r to'I•• � � �• v O Dare �' �a1 �,p y / 17 a�_ I - -�dd 19 O �' i •'r'J sr.•7.n• `J �fh �• Is ` i.r.• ' �• h n rr � � ;^ iJ r6 : a,cDa��� I ! h O K, + 1B s.s � Iz A•11 � to 9O � O p O j ,.• le ;,'' 1e j! 20 �� I8 17 I i I co DALE.VISTA b— LANE �-- v+ ? I; 1; IS, • la •.�I is 403 lz l n to I C `'� I (� I. ( i (1 (`z� O o, �J6 I17 1 ! ' I5.1 1IIJJ SO e9 IaC60 .I , 32 - � f M E M O R A N D U M ` TO: Honorable Mayor and City Council FROM: Doyle Miller, City Administrator DATE: September 16, 1970 RE: GOLDENWEST AND SLATER PROPERTY PROPOSAL REVIEW This property proposal has been evaluated as to appropriateness in light of the total Central Park project . The evaluation in- cluded discussions with HUD grant officials as to 50 per cent participation in acquisition and review with the Planning Depart- ment as to pending Division of Land No. 70-17 and Use Permit No . 70- 26 . Also , as stated, the Recreation and Parks Commission has recommended affirmative action to acquire the property to preserve the scenic vista approach to Central Park. CONCLUSIONS 1 . The subject property is outside the adopted project limits . 2 . The property has an extremely high price tag averaging $60 ,000 per acre which will place a heavy burden on the development budget for Central Park. 3 . There will be no 50 per cent grant participation in acquisition. 4 . The purchase of the property would remove prime commercial property from the tax roll.. S . Appropriate Planning Department procedures related to compatible development of the property in relation to Central Park are as follows : a. Commercial use is subject to use permit by the Planning Commission. b . The Planning Commission has officially expressed concern over development in that it must be compatible with Central Park. C. An application for Use Permit is pending before the Commission. Action on the permit evidences the concern of "b" above . E. Honorable Mayor and City Council -2- September 16 , 1970 d. Any decision of the Planning Commission is subject to appeal . RECOMMENDATION: The property should not be purchased due to the high cost and park compatibility can be effectively maintained by appropriate planning procedures . ode City ministrator DM:TS:bwo M E M O R A N D U M TO: Honorable Mayor and City Council ATTN: Doyle Miller , City Administrator FROM: Norm Worthy , Director of Recreation and Parks DATE: September 21 , 1970 RE: LEASE PROPOSAL - 6 . 08 ACRES, GOLDENWEST AND SLATER The attached proposal is transmitted for your review and action as to policy. Mr . David Kirchner has requested that the property be the subject of Council review due to the action of the Recreation and Parks Commission on September 9 , 1970 . This action proposed that "staff move to acquire the property by recommended procedure , i .e . , letter appraisal and due process . " Discussion at the recent Commission meetings centered upon aesthetic reasons and appropriateness of preserving the vista entrance to Central Park as traffic proceeds southerly on Goldenwest Avenue . There has also been concern expressed by residents of the adjacent Franciscan Fountains tract southwest of Goldenwest and Slater as to commercial uses proposed for the six acres which would overshadow the passive aspects of the adjacent park. Staff has also suggested the area can provide additional parking for the park project . Mr. Kirchner will be prepared to discuss the property or answer any questions as require. . Norm Wort y Director , Parks and Recreation NW:bwo CC: David Kirchner attach. 9 September 1970 Department of Parks and Recreation City of Huntington Beach California Attn: Norm Worthy, Director Re: Lease Proposal - 6.08 Acres Goldenwest and Slater Dear Norm, The following is a proposal to lease the above described property with and option to purchase. Price $360,000. - Subject to appraisal. Term of Lease - 5 years. Annual leasehold payment $60,000. - plus earring costs. Option Price at the termination of the lease $60,000. The foregoing is subject to the execution of a Ground Lease satisfactory to all parties. The City may at its option acclerate the terms of the lease and exercise the terms of its option. Very -truly yours, David A. Kirchner 17931 Beach Boulevard, Huntington Beach, California 92647 (714) 847-126u a 2 September 1970 TO: City Council FROM: City Attorney SUBJECT: Resolution Declaring that Public Interest and Necessity Require the Acquisition of Certain Right of Way Easements for Construction and Development of a Storm Drain Facility , and Authorizing the Condemnation of said Easements or Negotiation for Acquisition, and Directing the City Attorney to Proceed with such Action The attached resolution declares that the public interest and necessity require the acquisition of certain right of way easements for construction and development of a storm drain facility and authorizes the condemnation of said easements or negotiation for acquisition of the same . This resolution directs the City Attorney to proceed with such action and was prepared at the direction of the Public Works Department . Respectfully submitted, DON P .' BONFA City Attorney DPB: lm Attachment 31 August 1970 TO: City Council FROM: City Attorney SUBJECT : Resolution Establishing Population Density Factor to Determine the Amount of Land To Be Dedicated by Developers for Park Purposes The attached resolution establishes the population density factor to determine the amount of land that is to be dedicated by developers for park purposes . Respectfully submitted, DON P. BONFA DPB: ccj Attachment i 24 August 1970 TO: City Council FROM: City Attorney SUBJECT: Resolution Establishing the Median Fair Market Value of Land in All Neighborhood Parks The attached resolution was requested by the Administrator's office and is adopted pursuant to the Huntington Beach Ordinance Code, Sections 9745 . 2 .2 and 9985 . 2. 2 referring to the amount of fee to be paid in lieu of dedication of the land for park purposes . Respectfully submitted DON P. BONFA City Attorney DPB:bc Attachment ' I City of ,Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT August 5, 1970 c> Honorable Mayor and City Council City of Huntington Beach Attention: Doyle Miller City Administrator Subject: Deed from Southern California Edison Co. for Magnolia Extension Gentlemen: A slight error was made in the legal description in 1967 deeding to the Southern California Edison Company a parcel of land in exchange for an equal size parcel deeded to the City for the extension of Magnolia Street southerly of Banning Avenue to the Pacific Coast Highway. In order to correct the mistake it has been determined the easiest manner would be to record a quitclaim deed of the original description and to immediately record a new grant deed consisting of the correct description. Accord- ingly, transmitted herewith is a grant deed bearing the correct description. It is recommended that your Honorable Body approve the grantdeed and authorize the Mayor and City Clerk to execute same. In order to coordinate the recorda- tion of the two deeds it is requested that the executed deed be returned to this office for transmittal to the Edison Company. Very truly yours, ames R. Wheeler Director of Public Works JRW:HEH:ae Trans. ( i Southern California Edison Company ism HUNTINGTON BEACH DISTRICT July 15, 1970 City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: William Hartge Lighting Engineer Gentlemen: Enclosed are the original and one copy of a grant deed and a quitclaim deed correcting the alignment of Magnolia Avenue in accordance with a recent discussion with Mr. Hartge. If these deeds are acceptable to the City, please have the original and copy signed by the City and return all copies to our office. Our Company will sign and return the original to you. Very truly yours, &- eL4 R. . Burbank District Representative RPB:amm Enclosures August ,5,' .1970 g J. :Wylie Carlyle, Recorder County of;Orahge' P.0 _Bax 23.8 y Santa Ana'; CA 92702 - Enclosed isx,a Notice of Dee s fiction' for recording.f When''reco'rded, --please .r o the` Office' of '.the.:.City Y Attorney, City' .o f'.Hun c ' , `:P.0. Box' 190; - Huntington•-Beach .3Ca oraia 2b 8. 4 Thahlk you. ancerely :your Paul C. Jones.- :Cty, Clerk PCJ:aw r July 29, 1970 TO: City Council FROM: City Attorney SUBJECT: RESOLUTION AUTHORIZING A DEED RESTRICTION ON OAKVIEW PARK The attached resolution was requested by the Administrator' s office and should be adopted so that the City can record the necessary documents and obtain federal funds heretofore approved. Respectfully submitted, DON P. BONFA City Attorney DPB: lm i 3333 {oc•:9368 38 /3 L/ Y /3 >1�K - This document is for the official Iq O 5' business of the City of Huntington 1 / '/ o& Beach and should be recorded free When Recorded, Please Mail of charge as provided in Government This Instrument To: Code Section cilQ3. 2 �� FIN ORDED AT REQUE3 O Office of the City Attorney n,OF HIINTNaQ 04 6EACU 3 City of Huntington Beach OFFICIAL RECORDS or Post Office Ebx 190 ANGE COUNTY, CA IF. 4 Huntington Beach, California 92648 9:05 AM AUG Ei 1970 5 1. WYLIE CARLYLE, Coun7 kftc 6 NOTICE OF DEED RESTRICTION FREE 7 - C2 8 NOTICE IS HEREBY GIVEN that the City of Huntington Beach, a 9 municipal corporation, is the owner of the property described as : 10 The south 330 feet , more or less , of the north 994 feet , more or less , of the west 11 one-half of the east one-half of the north- west one-quarter of the northeast one- 12 quarter of Section 26, Township 5 South , Range 11 West , San Bernardino base and 13 meridian in the City of Huntington Beach , County of Orange, State of California, 14 together with improvements thereon. 15 and that said City of Huntington Beach has been granted funds from i 16 the Department of Housing and Urban Development for the develop- 17 ment of the above described property as a park site, and as a 18 condition of obtaining said funds the City is required to record 19 this notice, to wit : 20 The above described property or any interest therein may not 21 be sold, leased or otherwise transferred by the City of Huntington 22 Beach without the prior written approval of the Secretary of 23 Housing and Urban Development, his designee, or any successor 24 thereto. 25 DATED: / 26 CITY OF HUNTINGTON BEACH 27 a municipal corporation 28 B 29 y J RY AV MATNEY, Mayor Pro Tem 30 ATTEST: 31 32 , PAUL C. JOPJES, ty Clerk I u �cc�93C� PACE 139 1 STATE OF CALIFORNIA ) SS . 2 COUNTY OF ORANGE ) 3 On ,7 , before me , the undersigned, 4 ;1a Notary Publ c in and for said State, personally appeared JERRY 5 A. MATNEY, known to me to be the Mayor P'ro Tem, and PAUL C. JONES , 6 known to me to be the City Clerk of the municipal corporation that: 7 executed the within Notice of Deed Restriction, known to me to be 8 1the persons who executed the within Notice of Deed Restriction orJ 9 behalf of the municipal corporation therein named, and acknowl- 10iledged to me that such municipal corporation executed the within 11 ! Notice of Deed Restriction pursuant to its Charter and a resolutio 12 of it s City Council. 13 WITNESS my hand and official seal. j 14 15 --�- 16 17 ( OFFICIAL SEAL ERNESTINA DiFAB10 '_ m NOTARY PUBLIC-CALIFORNIA 18 ORANGE COUNTY ..J thyCominission ExpiresJune25,1973 19 P. 0. Box 190, Huntington Beach,Calif.92M 20 21 22 23 24 f 25 26 27 28 29 30 31 32 -2- Sr' 3 1- i 9368 RESOLUTION NO. 320_1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION AND RECORDING OF A DEED RES`I'RICTION ON OAKVIEW PARK WHEREAS, the City of Huntington Beach has acquired the property hereinafter described, and the Department of Housing and Urban Development has approved a grant of funds for the acquisition and development of such property as a park site; and A condition precedent to the granting of such funds to City is that City record a restriction on the property indicating that the property or any interest therein may not be sold, leased or otherwise transferred without the prior written approval of the Secretary of Housing and Urban Development, his designee, or any successor thereto, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows : The appropriate city officials are hereby authorized to execute a deed restriction document to the property described as : The south 330 feet , more or less , of the north 994 feet , more or less , of the west one-half of the east one-half of the northwest one-quarter of the northeast one-quarter of Section 26 , Township 5 South, Range 11 West , San Bernardino base and meridian in the City of Huntington Beach, County of Orange , State of California, together with improvements thereon. 3 - 9368 ! 4 1 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of August, 1970 . M or Pro Tem ATTEST : City erk APPROVED AS TO FORM: j . City Att ne r 2 s r Res. Nd. 3�03 STATE OF CALIFORNIA 4 COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, the duly elected , qualified and acting City Clerk of the City of Huntington Beach , and ex- officio Clerk of the- City Council of said City , do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoi" resolution was passed and adopted by the affirmative vote of -more than a majority of all the members of said City Council at a regular meeting thereof held on the Ord day of August , 19 70 , by the following vote: AYES: Councilmen: Green, Bartlett , McCracken , fatney, Coen DOES: . Councilmen: None- ABSENT: Councilmen: Gibbs , Shipley City Clerk ands x-officio -Clerk of the City Council of the City ' of Huntington Beach, California :HE FoRw.t;(AXG_,)NSTRL44EN'r IS A CORRE0 COPY iF r�'`qW ' N4 IN TIRS OFFICE IT -- -19 J - .ity Clef ,1 -d fh Q1;. Coi,nc O t ....... 1 When Recorded, Please Mail This Instrument To: 2 Office of the City Attorney 3 City of Huntington Beach Post Office bbx 190 4 Huntington Beach, California 92648 5 6 NOTICE OF DEED RESTRICTION 7 8 NOTICE IS HEREBY GIVEN that the' City of Huntington Beach,. a 9 municipal corporation, is the owner of the property described as : 10 The south 330 feet , more or less , of the north 994 feet , more or less , of the west 11 one-half of the east, one-half of the north- west one-quarter of the northeast one- • 12 quarter of Section 26, Township 5 South , Range 11 West , San Bernardino base and 13 meridian in the City of Huntington Beach, County of Orange, State of California, 14 together with improvements thereon. 15 and that said City of Huntington Beach has been granted funds from 16 the Department of Housing and Urban Development for the develop- 17 ment of the above described property as a park site, and as a 18 condition of obtaining said funds the City is required to record 19 this notice, to wit : 20 The above described property or any interest therein may not :i 21 be sold, leased or otherwise transferred by the City of Huntington -:1 22 Beach without the prior written approval of the Secretary of 23 Housing and Urban Development, his designee, or any successor ` 24 thereto. ` 25 DATED: / 26 CITY OF HUNTINGTON BEACH 27 a municipal corporation 28 29 By J RY AU MATNEY, Mayor Pro Tem 30 ATTEST: 31 3 . 32 PAUL C. JONES, ty Clerk `� -1- I I STATE OF CALIFORNIA ) SS . 2 COUNTY OF ORANGE ) 3 On before me , the undersigned, i 4 a Notary Publ c in and for said State , personally appeared JERKY I 5 A. MATNEY, known to me to be the Mayor Pro Tem, and' PAUL C. JONES, ) 6 known to me .to be _the City Clerk of the. municipal corporation that 7 executed the within Notice of Deed Restriction known to me to be 8 the persons who executed the within Notice of Deed Restriction on 9 behalf of the municipal corporation therein named, .and acknowl- 10 edged to me that such municipal corporation executed the within 11 Notice of Deed Restriction pursuant to its Charter and a resolutio . 12 of its City Council. 13 WITNESS my hand and official seal. 14 ]t j 15 16 OFFICIAL SEAL 17 0= ERNESTINA DiFABIO 18 m NOTARY PUBLIC-CALIFORNIA Y ' ORANGE COUNTY My Commission Expires June 25,1973 19 P. 0. Box 190, Huntington Beach,Calif. 92649 20 21 22 23 7 24 25 26 27 28 r 29 30 31 32 `=; -2- d; Pr .. - _ - - t. - j - � - ._. _ - _ �. _ - .l- - . - __ (5 M _ 0. -_C.... ,.�..-..-..-,_�:�.,.-:..-_.....-.-._�1�.,:.".-.�..­*-:,�I*:.7.-l--.;.:0...,.__..-.-----..._.-­.-,'1.-_.,�.,.-..-.---,_,.*�`....J,'.-�,,�.._,I-.,.�-1,�-'.-".,.."--�...-..:---­;.��-.,..,-.��-,-..­,:.:,..-.-��._�._.-,,�—;--.,..._:1....�,I�.-.�.-.-._.�,.�1--....7.-.,��..,1--.-..-;i...l_:...,,..,� . 1 t f- _ •I - P... c 2135=i3'; i4;- i5 o2, .. i6, ana i8: . Warner Avenue- and_-Algonquin:Street - . ... :.•- . CONTRA"CT FOR °SAL& OF RE°AL":PROPE?�TY t } • THIS CONTRACT is made triis G� � day oP _ : , 19 7 . - �1 BETWEEN ` 1. .. , :S_ _ ! Y r. COUNTY- OF _ORANGE - . - _. . - 3 hereinafter"-'designated. as .GRANTOR, __ AND - h, - . - - - - . _ : :CITY OF 'HUNTINGTON .BEACH '-. . ::'.hereinafter' desi tgd as ,GRANTEE - .• ;.: . - _ Ti. In. consideration of the.. terms and conditions :set forth below, GRANTOR .agrees.,to-sell..-and GRANTEE -agrees to.;::p'urchasd the real - ...property 'described .in the attached:: Grant ";Deed marke '. "Exhibit ... .' -, 1. :The.-,purchas.e%sales. .price is, $17..;.430,.00 and ,is_ .to :be paid .by GRANTEE to GRANTOR -withiin :3Q :days..after -execution of'this - contract by GRANTOR•:: - . . - . Within;..twenty -days-'-after reee.ipt of_ .thie_'pur..chase:- price, GRANTOR . shall ..- . ..r a:o ..GRANTEE a _Grant -Deed - in the:,form of. said _.. . . - Exhibit A,.. and.. GRANTEE agrees to-"accept, .s'aid ;:form,: 6e Grant Deed, -- . , _ .. . 3: GRANTEE'`shall, At its oain expense , -consaruct all street- improve _, :. meats :including:but,_°not limited: to :pave=out, curbs , .gutters , ; drains.; and. sidewalks along': t 4 . :.� " A:- The..southeasterly right' of: way of .Warner_ Avenue. from . Orion `Street to Sandra Lee, Street;: and - 'r_ ' B ' That_ portion of: the westerly right of way of Sandra a Lee Street _extending in: anorthwesterly-,;:direction -.from; the-::northeast.-'corner--':.of Lot_ 10 blodk K" ,1r ct ' 349 , -to the - sou_theasterly 'right:,,of, way_.-line--'.of Warner: . Avenue: - . s . - .. -.:The location (.A: and..B:.aboye:), of, said' street,-improvements . is, shown- A. a-:red: line . "Exh b-it :B", _attached'Y�eret.o " `` • and.,.made..' "pant' hereof, - . 4 . . . GRANTEE .agrees..,thit'.:it wi13, not: charge �.or: assess the .owners ' of` tY e: property';adj&o ning=:said' street.. improvement-s,:;:for any.-portion of. the construction-.:coats of said -impr,.oveme tz. '4 '� - _ - - -GRANTEE-agrees to..-construct' said. street improvements 'at the same; time GRANTEE .constructs the realignment.:of- Sandra. . Lee Street to the intersection of-Warner Ave nue with - Algonquin' Street.:. 4. GRANTEEagrees that : A; The -conveyance.:of"the-property interests =described in . -sal-d'_'Exhibit ;A' is:-'made'sub3ect' to. all' existing liens , covenants ;, conditions and restrictions .'. .. B: .This, conveyance..is:-made :upon .the:ekpress condition ,. subsequent :that-. the . above -described parcels, P: -P�{.: -1-135 l3, P. M. :,i135:-1y, 'and `;P. -M.. 1135 16:_shall- be~ use:d only. :for, street highway and .related landscaping purposes.. Any, breach of this condition. shall. cause the. property- to revert to the..County of Orange .who shall.:have. the right. of. immediate re-entry upon said land in the event of. any _such-:breach : 5. If GRANTEE wishes this transaction handled through an,external escrow,; all •charges -for said escrow. shall be -paid by.. GRANTEE. The `cost- of title -insurance, if .desired by GRANTEE; acid the cost . of Real Property- Transfer Tax, if required.; shall -be- fully -borne . by -GRANTEE'. J\27/'07 . _ 2- :: _ •4 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF HUNTINGTON BEACH BY Mayor ' By C ty Clerk ATTEST: W. E. ST JOHN, County Clerk of CO F GE, the County of Orange, and ex- a od o ' e a d politic officio Clerk of the Board of Supervisors of Orange County B /r a n, oar o upery sors By`7�� ,12 De—puty APPROVED AS TO FORM: Adrian. Kuyper County Counse BY4/ i RECOMMENDED R A ROVAL: Stanley E. ause Director Depar ent of Real roperty Services B Recorded at request of, and return to: Orange Coun!y Dept. of Real Property Services 515 forth Sycamore Street Santa Ana, California 92701 Project No. P . '14. 1135 Project: ;darner Avenue and Algonquin Street Parcel No. 13, 114, 15 .02, 16 , and 18+-1 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COU ",'TY OF ORANGE does hereby GRANT to CITY OF HtJN^1Ii'1GTO J BEACH the real property in the County of Orange, State of California, described as: PARCEL P. M. That portion of the northeast one q!:.arte-» of fractional Section 29 , Torinship 5 South , Range 13. T­st , in the Rancho La Bolsa Chica, in the City of Huntington :3eac% ^aunty_ of Oran-e , State of California_ a: pe_, r,ar, ;ecorced in ool_ 51 , page 13 , of i-Iisces.- laneous i:'=Tis , Of f ici all _records of ra ;mac Coullty , Calif ornia, also beinc- those portioi s of Lo'U l in 31ock 17 o-' Trost 1T:: . 36 , as silo to -on a ra_� rzcorclec _�.n Boo"- 10 , r�a�es 35 and 35 of leis r'.11anecus jars , 0: Pi.cial `ecords of Oranva Count.-, Cali f'or; _a.. descriced as f o11o1.•is Be ,i +iirtj ny� at i Inc, nor" ' hest ;Gri:T': of Lilt nOfr.^.c St !JZa^ 'i t2' of said _f ct .onc;. S cl t i o n 29 then,.: 0c' 1;3 t 72 t' F.. 358 ;(n leer a- v� tPc viest line of t, nil?.'.i16 St l^nc rj Llr?'v r ✓i SG�i�. "? fracr cn,ai Secc 29 ^ _ ins , „v °e concave to the sout-.- ic� �o u �� o t a cal. � east air,:: havi.1gr a radius of 600 .00 feet , a -radial line: t.-iro,, said. nonnt bears '?. 6 ' 03 T l ? , aid cvry bein" the � or t1:^1 ri ht Oi O '•j1 �, it an ea5 ! ._:—nt [tee iav f zrnc.r 'v; :1 s Ce e, tn- th' 4tt h 7.(ac r o !-.e n ;,�t_. "� 6 i�c 24{ t e C� ✓ o� i�ntl.ngto:l L• .,_� ..c r. i Eo .. �c 9 , :,=r__.� _. o 246 inclusive , Official Re ,`.tea cf Cal"'__o1'0 ' ; nc o ; s er.I a o,_ .._C, c:._ :E., fe;e th-z- a - 30 r tt � '-"LT.--, i ') r . teal angle of 58 58 �o theP'O1' OF "EGI idIN; ; thence continuing along said curve 138 .17 feet. through a central angle of 11" 281 24" to a point on a ta.n ,er'" re ve-se curve concave ..st.erl� ' '� � � -. having a radius of q0 .00 T= ��- �, � . . . -__� „ : thence nor��- ,:" �� �'.y EXHIBIT, A ja id cL1 44 10 feet tE1rCLl'rl a cer;tral ail 12 Of ��� 3�a !41! ZJ to a point on a tangent line ; thence 'i . 460 13 ' 3"1 14' 34 feet to a noint- on a tan^;ent curve concave to trip :1:>='�•ilG � having a radius of 390 .00 feet ; thence nor,h:­—st.:rly along said curve 19 ..30 feet through a. central anc:le of 20 5,0 r 0'" to 2 point on a non-tangent line a radial 'Line th rou h said point be4. s S . 460 36 37 . , thence S . 890 39 5 ." 32 . 72 feet along said line to a point on a line that is parallel with and 20 .00 feet easterly , measured at right an,,71s, fro; the :rest line of the northeast one quarter of said fractional Section 29 ; thence S. 01 43 ' 22" E. 25 .00 feet along said parallel line to a point ; thence I . 890 39 ' 54" E . 50 .00 feet to a point ; thence S . 00 43' 22" E . 75 .00 feet ; thence S . 890 39 ' '54" W. 50 .00 fee`:, to a point on said parallel line ; thence S . 00 43 ' 22" E . 94 . 78 feet along said parallel line to the TRUE POII.T�T OF BEGIN''dI ;G . PARCEL P. Pr. 1135-14 That portion of the northeast one quarter of fractional Section 29 , Township 5 South , Range 11 .dest , in the Rancho La, Bolsa Chica, in the City of Huntington Beach , County of Orange , State of California, as per map recorded in Book 51 , page 13 , of Miscel- laneous Maps , Official Records of Orange County , California, also being those portions of Lot 1 in Bloc: 17 of Tract No . 86 , as shown on a map recorded in Book 10 , pages 35 and 36 of Miscellaneous Traps , Official Records of Orange County , California, described as follows : Beginning at the northwest corner of the northeast one quarter of said fractional Section 29 , thence S . 00 43 ' 22" E . 368 . 50 feet alon- the west line of the northeast one quarter of said fractional Section 29 to a point on a curve concave to the south- east and having a radius of 690 .00 feet a radial line through said point.bears N. 680 03 ' 48:' w. , said curve being the north- erly right of way of ?darner Avenue as described in an easement deed to the City of Huntington Beach recorded in Book 8269 , pages 243 to 246 inclusive , Official Records of Orange County , California; thence northeasterly along said curve 329 .95 feet through a central angle of 271 24 ' S3" to the TRUE POINT OF BEGIINING; thence continuing along said curve 131..07 feet through a central ann-le of 10° 43 ' 10" to a point on a non-tangent line , said line also being parallel with and 30 .00 feet southerly from the north line of the northeast quarter of said fractional Section 29 , a radial line through said point bears N. 290 55 ' 35" W. ; thence S . 890 39 ' 54" W. 130 .09 feet along said parallel line to a point ; thence S . 00 43 ' 22" E . 75 .00 feet to a point ; thence S . 89° 39 ' 54" W. 13 . 43 feet to a point on a non-tangent curve , concave northerly and having a radius of 30 .00 feet , a radial line through said point bears S . 360 25 ' 55" W. ; thence easterly 40 . 36 feet along said curve through a central angle of 770 04 ' 40" to the TRUE POINT OF BEGINNING . P . M. 1135-15 .02 Those portions of Lots 17 , 19 , and 20 , Block J of Tract No. 349 , and the easterly half of that certain unnamed street lying westerly of and adjoining said Lot 17 , in the C_ty of Huntington Beach, County of Orange , State of California, ' per map recorded in Boo- 15 , pa-re 17 of Miscellaneous Traps , in the office of the County Recorder of said County , lyinrr Southerly and Southeasterly of the southeasterly right of way line of Warner Avenue , 3.20 feet wide , as described in an easement deed to the City of Huntington Beach recorded in Book 8269 , • pages 243 to 246 inclusive of Official Records , in the office of said County Recorder. -2 - 1135-16 r,y l t tl.ta.� port-ion of the Quart--_ of fractional Section 29 , 1'o;+nship 5 S-)u"h , Rang: 11 !e_z:t _ in t :F' Rancho La Bolsa Chi ca, in the City of Huntington Beach , County of Orange , State of Cali- fornia, as per map recorded in :pool; 51 , Page 13 of iiiscellaneous Maps , in the office of the County Recorder of said County , also being a portion of Lot 1 in. Block 17 of Tract i4o . 86 , as shown on a map recorded in Boot. 10 , Pages 35 and 36 of 'Miscellaneous Maps , in the office of said County Recorder, described as follows : Beginning at the northwest coiner of the northeast quarter of said fractional Section. 29 ; thence :forth 890 39 ' 54" East 330 .03 feet along the north line of t::e northeast quarter of said ractional Section 29 to a point of intersection i:ith the north-- Ierly prolongation of the easterly line of Lot 1 of Block 17 of said Tract No. 86 ; thence South 01 43 ' 22" East 151 . 64 feet along said northerly prolongation and aloncr the easterly line of said Lot 1 to the TRUE POI T OF BEGI diITNG , said point lies at the intersection of the easterly line of said Lot 1 with a curve concave to the southeast and having a radius of 570 .00 feet , a radial line throu-h said point bears :•dortb 33° 1" 35" 1-Jest , said curve being the southeasterly right of way line of 'darner Avenue as describe' in an easement deed to the City of Huntington Beach recorded in Book 8269 Pages 243 to 246 inclusive , Official Records of Orange County , California; thence continuing along said east line of said Lot 1, South 00 43 ' 22" East 38 . 36 feet to a point on a non-tangent curve , concave easterly and having -a radius of 50 :00 feet , a radial to said point bears - North 0° 43 ' 22" ;°lest ; thence sout"n-Iesterly 110 . 71 feet along said curve through a central_ angle of 126° 52 ' 127' to a point of reverse curvature , a- radial to said point bears South 520 24 ' 26" ?•lest; thence southeasterly 32 . 18 feet along a reverse curve , concave southwesterly and having a radius of 50 .00 feet through . a central ankle of 36° 52 ' 12" to a point on a tangent lire ; thence South 01 43 ' 22" East 60 . 15 feet to a point on a tangent curve , concave to the sbuth-•rest , having a radi us of 40 . 00 feet ; thence no-rth;,esterly 31 . 76 feet along said curve through a central angle of L150 30 ' 00 " to a point on a tangent line ; thence North 460 13 ' 30 `' Ylest 75 .05 feet along said line to a point on a tangent curve , concave southerly , havin` a radius of 32 . 00 feet ; t.lence westerly 53 .98 feet along said curve tnrougll a cer_tral angle of 96° 38 ' 33" to a pole*, on a ' tangent curve , concave to the southeast , having, a radius of 570 .00 feet , said curve being the be`'ore mentioned sou the,as,te._ly ric.ht of ;.,ay of i'Iari''_f'r Avenue ; thence nort h.= L—e.r1 along said C)1rVE? t-7rUuc 1 a C�ntrai a�ir;12 or' l9° }�� ' 2rJ t0 ':11e TRUP, POIi•;Fl OF 3=Glid 'I M G P. M. 11'35-18. 1 A perpetual easement and right of fray for street and highway purposes in, on and over the real property described as : Thet -Fertio=i of Lots 17 and la B1ock L, Tract No. 475, in the City Of o_-jtirt�to!i �r^.CL , CUU.nLji o:F Or-27:noc^^State Of 17 , page 19 of California as sro:_;:: c'1 on a m2c 1at3 ix� Lr,n'• ' Xiscellap-anus Mlaps in the of_y�_c_ of i:itc County Bleco.-der. or said Ccuni y , lying � esterl � of t' e fo11c-:�i r.g desIc�-ibed--:1i��;= : Reginnin- at a voint on the rrrttIn 1:t.na of suid Lot 19 distant N. 89 r _ J 1 CO L" . 54,99 7 yT,t.'`el- fr l:m the no•;_ (..LZzVf'si, corr-e tr`� �r `OI ; s c^^.Zu p:)j ?i- SOG_rn-7_t:iv of a t l-12 -3- curve, concave Southeasterly and having a radius of 20. 00 feet; thence I-;esteri.y and South;7esterly 24. 2.9 feet along said curve .through a central angle of 69" 35 ' 58" to a point on a, tangent line; thence, S. 200 05 ' loll w. 66.25 feet along said line to the beginning of a tangent curve, condave Southeasterly and having a radius of 20. 00 feet; thence, Southwesterly and South- erly 7 . 20' feet along said curve through a central angle of 200 4S ' 32" to a point on a tangent line; thence, S. 00 43 ' 22" E. 36.49 feet along said line to a point on Che south line of said Lot 17 , distant N. 89° 42 ' 22" E. 10. 00 feet from' the southwest corner thereof, said point being the south- erly terminus of the above description. This conveyance is made upon the express condition subsequent that the above described parcels P . PM. 1135-13 , P . M. 1135-14 , and P. M. 1135-16 shall be used only for street , highway and related landscaping purposes . Any breach of this condition shall cause the property to revert to the County of Orange who shall have the right of immediate re-entry upon said land in the event of any such breach. Date COUNTY OF ORANGE By Chairman, Board of Supervisors ATTEST: W. E. ST JOHN, County Clerk of the County of Orange and ex officio Clerk of the Board of Supervisors of Orange County By Deputy STATE OF CALIFORNIA ss. COUNTY OF ORANGE On this day of 19 — , before me, a Notary Public in and for said County and State, personally appeared _ as Chairman of the Board of Supervisors of Orange County, California, who is known to me to be the person described in and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said County of Orange and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. APPROVALS Approved as to form by County Counsel DESC-RIPr-.-'-1r0':J. By F JOB$-5 III �..�., r. P.Lt ui5-I! WARNER - --- ....•,..,.-.. ---- -� ,.=`, Y JO:C 12.xE e.cr I / ♦f s, J JO E.JeN 1 � \✓ � 1• n CNV`. T \-(� ,_ 14 e N•o-•i;x'w ea rs e I ,•FItN e / r � r�� 1,t ws„ I �j -i.-_�_.. _•Ji3a.s^co j. ° �i. - r.Ji lS.G'l 8 - -� 06 `)ae•)i 3i w SO OU' f IC a '2 \\ \t ,/�• .u.ae- 1 re w.iT,rro - M1O'.i12 w 2300 3 •S' I Y J PM II SE-10 I �; I � r I N'eC'Ja'3.'E IJ009' i • rI < gip,rC•.�rn' �r! I �'\/ ))Je O o�w f. H,JV oo aNn•<i:r'w xsod ui TRACT v. N •Ip � - • 349 . ;:b•ti 8 I H � I .E� so o So roo yl 4 M.M. NOTES- ...•I I`_17 ..�../ 8 ___ ^rn.v,. �,�� 'n.,r'•e,..,.o-�re�a,+.n e.r...w,s.w.,•..,n o W La J . v .,I �/ .•. I _..,.....,..,»„ - i ; o•.�, �-.�o.+n. '9..•.rrM. .a a�'c�......a���a.n.y..... 'qiw�.,, ORION - - -- - STREET �+ /• 'TRACT I . � ' IB • NO. 475 cr 19 M.M M I - � I W I.- ,,,.. .•I-__—_ —__ _ ____Ir,.•_ _ -- - I - w,c 1.1-11aE.ns�crs COUNTY OF ORANGE / x L e_ ax:c_ DEPARTMENT OF REAL PROPERTY SERVICES 17 I Z e.. —t '—'2" WARNER AVENUE AND IJJ� I ALGONQUIN STREET _-- • .x,nE CITY OF i:UNT—TON I0.I --_— p1AwN Cr N r rr aaN�VC^Bi_%- acll INCiI� HEMAHxS �x0� �INL�'+IA REMARKS 01iE:J5-,:9 aaO+CG, w _ -'.0:a rrJ3 0•... RESOLUTION NO. 3083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE -EXPENDITURE OF MONEY FROM THE SEWER FUND WHEREAS, the City Council of the city of Huntington Beach has adopted a budget for the Fiscal Year 1969-70 by Ordinance No. 1508, and WHEREAS, Section 5 of said Ordinance No. 1508 _provides the procedure for authorizing expenditures from the several Special Funds mentioned in said Section 5, and �y WHEREAS, the Director of Public Works and the City Administrator have recommended 'an expenditure, and WHEREAS, the City Council hereby approves said recommendations, BE IT THEREFORE RESOLVED that an expenditure in the amount of Seventeen Thousand Four Hundred Thirty and no/100 dollars ($17,430.00) is hereby authorized to" be made from the Sewer Fund. Fund payable to Orange County Real Property Services for purchase of Lots 17, 19 and 20 in Tract 349. PASSED AND ADOPTED this 8th day of December , 19 69 ayor ATTEST: C, �y S�Frk Res., N.o. 3083 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES , the duly elected, qualified and acting City Clerk of the City of Huntington Beach, and ex- officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular adjourned meeting thereof held on the 8th day of December 19, 69 by the following vote: AYES: Councilmen: -&rg-1eLL,_1MCCra an. Kaufman- Matney♦ Crg n NOES: Councilmen: - None ABSENT: Councilmen: Shipley, Coen Cit er and o ficio Clerk of the City Council of the City of Huntington Beach, California NHE FOREGOING INSTRUMENT IS A CORRE0 COPY OF THE ORIGINAL ON FILE IN.THIS OFFICE -ATTEST... 19--?� �ity Clerk and Clerk,.of the Citg�=G#�nricit the f H n _ a•lYl •�f�a - !I (� RECEIVED (!'" 31 1970 COUNTY OF ORANGE Oept of. Read Property Services I - . 1I RESOLUIION OF THE BOARD OF SUPERVISORS OF 2! ORA14GE COUNTY, CALIFORNIA 3 August 26, 1970 41 On motion of Supervisor Baker, duly seconded and carried, the 5II following Resolution was adopted: 61 WH]VREAS, in accordance with Resolution 70-824, the proposed sale 7I of that real property known .in county records as Parcels P.M. 1135-13, 14 8I15 .02, 16 and 18. 1 at Wanner and Algonquin Streets to the city of 9I Huntington Beach for a consideration of $17 430.00 has been duly 10 � advertised pursuant to Government Code Sec . 25365; and 11 WHEREAS, this Board finds that said property is not required for 12 co=ty use . 13 NOW, THEREFORE, BE IT RESOLVED that said real property shall be 14 conveyed to the city of Huntington Beach and all deeds and agreements O j 15 necessary therefore shall be executed by appropriate county officers 4}000 16 and delivery made of deeds to the city of Huntington Beach in accordance 0 o" 17 with ;such agreement or agreements . U 181 19I I 20 AYES : SUPERVISORS DAVID L. BAKER, WM. HIRSTEIN, ROBERT W BAi"TIN AND ALTON _E. ALLEN 21 NOES : SUPERVISORS NONE 22 ABSENT: SUPERVISORS WILLIAM J. PHILLIPS 23 24 STATE OF CALIFORNIA ) ss . 25 COUNTY OF ORANGE ) 26 I , W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, hereby certify that 27 the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof .held on the 26th day of .28 AuguS_ t 1970 and passed•.by ,a unanimous vote of said oar-a- members present. - 29 r IN WITNESS WHEREOF, I have hereunto set -my -hand and seal this 30 26th day of A„o„sr 19 7fj W. E. -S7 JOHN 31IIResolution. No. 70-940 =` County `'Clerk' an=c*_;ex-officio Clerk IlConvey Real Property to City of: of :the Board or,' Supervisors of 32 Huntington, Beach-Warner Ave . & Orange County', California Algonquin, St . ACW: l s BY ` .,:-,,Deputy a • �I t 1 i RESOLUTION OF `�`t9 BOA i OF SUPERVISORS OF 2. OF.!`,Y�3�SE COUNTY Ct:j IFORNIA 31 ,July 23, 1970 41 On moLion of Supervisor Baker, duly seconded and carried, the 5 following 'Resolution was adopted 6 ' WHEREAS, the County of Orange is the a-in r of that certain real. 7 property hereinafter more particularly described; and 8 X REAS, said veal property is proposed to be transferred to the 9 City of Huntington Beach for street, highway and related landscaping, 101 Purposes ; and lryI TME?MAS, this Board intends to make the said transfer to the 12 City of Huntington Beach for a net cash s" to the County of $17,430; and 131 WHEREAS, pursuant to Government Code Section 25365 this Board 14 is prepared to find that the pnpperty involved is not required for �Y �' 3SL. � Z'L I County use; _eG !I P1., 1, T1� ,R.. O , BE 1T RESCIaEIED that :his Board does hereby. Z< it o� 17�1 announce its intention co-,nvey the hereinafter described real property 18�, to thW ^.iay of Huntington Beach for the sum of $17,430 net cash to i 19 I County. A hearing on this subject is hereby set for -the 26th day of, 20, .,.�- August _, 1970, at lo-00 -- o'clock A M. at tho'C lambers 21 of the Board of Supervisors of the County of Change, 515 North Sycamore 22 Street, Santa Ana, California, at v.-hich time and place any persons 23 interested in this question may be heard. The said property intended 24 to. ba sold is situated in the City of Huntington Beach, State of 25i California, and is described on the pages attached hereto- and incorpor- 26 a.ted herein by reference. 27 BE IT FURTHER RESOLVED that the Clerk of this Board is directed .28 to publish a notice of this intended sale one time. in the Huntington 29i Beach News , a newspaper of general circulation, at. 30ii 1 es9nh c/► w R1c" n !-fir.q, ism b. i Q- {...«...E.a . L•rMJ b tr.t(y Rtr O:•A �+b iC.4 t^ blur day V6 the hear I ng so- 11-ka GS68• �.II DV T°T VIlDr LID IDVOP99a1DE1 •7�...` AB... f�Sl i..>e...e. 6 sb.i.. 41...,�.1 t..,. JJ" 11 a. R1.1 LP. a.uvvLrLl6J bfii�b b►i` L♦ of d.s idlCi►4 oA L6L.L iJ'lvab1%6- UG,. tablil 32 i hereby authorized to execute the Contr.ect for Sale of Real Property "• I o A.,�, ,cm 1�oesolu6i®r~, No. 70- ?8e4 l i+otice of Intention to Convey 1 Real. Pr �perty - City of Huntington 1. :� Be9c" 1 dented July 28, 1970 between the County of Orange and the City of 2 Huntington Beach, for Parcels P.M. 1135-13, 14, 15.02, 16, and. 18.1, 3 Warner Avenue and Algonquian Street, and the Clerk of this Board is 4 directed to attest to same. , . 5 BE IT FURTHER RESOLVED that the Chairman of this Board is 6 directed to execute the Grant Deed to the City of Huntington Beach for 7II the above parcels, and the Clerk of this Board is directed to attest to 8 � same. 9 BE IT FURTHER RESOLVED that the County Auditor-Controller be 10 and is hereby instructed to charge all expenses incurred in this 11 conveyance and deposit the total consideration in Orange County General 12 Fund 102-1101-785, Sale of Fined Assets. 13 14 W' 15 N . zi a0 p Yo0 16 U HU OZ on 17 U 18 ..9 20 AYES : SUPERVISORS DAVID L. BAKER, WILLIAM J. PHILLIPS, TRX. HIRSTEIN, AND ALTON E. ALLEN 21 NOES : SUPERVISORS NONE 221 ` ABSENT: SUPERVISORS ROBERT W. BATTIN 23 24 STATE OF CALIFORNIA ) ss . 25 COUNTY OF ORANGE ) 26 I , W. E. ST JOHN, County Clerk and ex-officio Clerk of the Board of Supervisors of Orange County, California, . hereby certify that 27 the above and foregoing Resolution was duly and regularly adopted by the said Board at a regular meeting thereof held on the 28th day of 28 July 1970 , and passed by a..• "' unaniaaous vote of said, Board members present. 29 IN WITNESS WHEREOF, I have-'her-eunto .set, my.'-,hand and seal this 30 _ 28th day of July 19 70 '. W. E..'- S T. JOHN 311I County •Clerk and Ex-officio Clerk -,of the Board of Supervisors of 32 ..Orange, County,.: California By l ,. -deputy 2. 1 PARC ;L P. M. 11.J5-.13 2 That portion of the northeast one qt.€trter of fractional Section 3 29 , Tot•rnship 5 South , Range 11. r7<-s 1-n the Rancho La Bolsa Chica, in the City of Huntington 1 =e:4c•_^. . noun y Of Oz,an,,e , Stale of 4 California. a , ue" ml I'ecor'_!._-d in ool- 71 , pa-g0 13 . of n iC cCOTS c County , (:a11i Ornia., also being; those po'_`'tiOi,:s of Lot 1 in flock 17 o. Tract 'vi:: . �6 , 5 as sho-:.;n on a :Tian recorded in Boo-, 1-0 , pares 35 and. 36 of 6, Miscelaa.r<e :laps , Official Fecords of' Oranc-a CJU,unt ' , 1.alifor;':-= described as follows : no B?`in?i]. it; at thenorth: ilt?•;est corner Of trti-i :e st O ]e quart.e?, 8 of said fr ac`_4_ona11_ S;c-.i.cn 29 ; thence -S . 00 43 ' 22" E . 368 . C feet alp ]L-; the erect line of the nor`. :e st one quarter cf said 9 fractional Section 29 to a point on a cu--,v;: concave to tn.e south- east and have n��- a radius of 60. 0..00 feet- , a radial line through 10 said not 71t bears AT 1. 68' 03 ' 4z?'' . , sai(: curve bein` tale northerly ri •.ht� of i`ay of arner. ^.v;:nut- as described --'I an easzE„^Cnt deed" to 11 the Ci*y .:i,ntington Lc_ch recorder• in Boc,,:: c2�9 , _�''' s 21:3 r.o 246 irclusf ✓ , Offi�cial. fZeTcor's C f C oLnt- 12 thence i0tit1 agtCr-1 a OP- sF-ir curve f E t thh»�1O1Ui .I'a �T- tral angle of 30 58 '. 58" to the LT ' °Oi MT OF BEGINTJING; thence 13 continuinc, along said curve 1' feet through a ccr.tral an-le of 110 28 24 to a point on a ta.n ent reverse curve cc..cav_ .rested _having a--radius of 30 . fe- • thE.nce northerly - - -- ::aid curve 1111 . 10 feet throllcrh a central ,�zz 1� t0 a r%O:Lilt On a tan-ent line ; •thence N' . 11c° i� ' 3(�r' Sri 34 . 64' o„ V W g3E3 feet to a poil:t on a tan;-;ent curve concave to "the 71•:>�'i•!'eCta:� 4,0 16 havin- a radius of 390 . 00 feet ; thence nor. tllr:;:;sterly alon- sa_d oi< curve 19 . 30 feet through a centra-]_ angle o`' 2° 50 ' 01 to a. Uo 17 point on a non-tangent. line a radial lint through saic point bea:-•s S . 1160 ' 36 ' 37 ;�1. ; thence S . 890 39 ' 541 .;. 32 . 72 feet 18 along; saic' line to a point on a line that is parallel tiri.t ?. and 19 20 .00 feet easterly , Measured at ri;ht an;�].^s fron the :;est li rlr of the nc•��tileast one quarterof said fraction�.l_ Sec on 25 ; thence S . 00 113 ' 22" E. 25 .00 feet along said pa.ralle1 ].fine `to 20 a point ; thence N. 890 39 ' 54" E. 50 .00 feet to c point ; thence 21 S. 0° 113 ' 22" E . 75 .00 feet ; thence S . 89' 39 ' 511" W. 50 .00 feet to a point on said parallel line ; thence S. 0° 113 ' 22" E . 911 . 78 22 feet alonL; said parallel line to the TRU1 POIINT OF BEGINNING . PARCEL P. M. 1135-14 - - --- 23 _ That portion of the northeast one quarter of fractional Section 24 29 , Toernship 5 South , Range 11 West , in the Rancho La, Bolsa Chica, 25 in the City of Huntington Beach , County of Orange , State of California, as per map recorded in Book 51 , page 13 , of Miscel- 26 laneous Maps , Official Records of Orange County , California, also being those portions of Lot 1 in Block 17 of Tract No. 86 , 27 as sho:•rn on a ma.p recorded in Book 10 , pages 35 and 36 of Miscellaneous P1aps , Official Records of Orange County , California, 28 described as follo;•rs 29 Be�;i_nning at the northvrest corner . of the northeast one quarter of said f'ractlonal Section 29 , thence S . 00 43 ' 22" E . 368 . 50 feet alonc- the west line of the no-,,theas- one quarter of said 30,I fr;actiorial Section 25 .to a point on a curve concave to the south- 31 east and having a radius of 690 .00 feet a radial lane through said point bears N . btu° 03 ' 48`1 , said . curve being the north- " 32 erly right of way of 1r,rarn`r Avenue as described in an easer ent 3. 1 deed to the City of Huntington Beach recorded in Book 8269 , pages 2113 to 2116 i.ncl.usive , Off.ical Records of Orange County , 2 Calif or. nia; thence. northeasterly along said curve 32.9 .95 feet throug_i a central angle of 27° ?_!! ' 53" to the 'i'R'✓t POTNT Or' 3 BEGII NII`dG , thence continuing along said curve 131 .07 fees thrcug'r, a central. angle of 10° 43 ' 10" to a point on a non--tangent line , 4 said line also be! n_P; parallel with and 30 .00 feet se,ztherly from the north line of-the northeast cuzrter of said fractional ' 5 Section 29 , a radial line through sa_d point bears N. 29° 55 ' 35" W. ; thence S . 890 39 ' 511" W. 130 .09 feet a.lonv 6 said parallel line to a point ; thence S . 0° 43 ' 22" E . 75 .00 feet, ,to a point ; thence S . 890 39 ' 511 " y1. 13 .43 feet to a point 7 on a non-tangent curve , concave northerly and having a radius of 30 .00 feet , a radial line through said point bears 8 S . 360 25 ' 55" Id. ; thence easterly 110 . 36 feet along said curve through a central angle of 770 04 ' 40" to the TRUE POINT OF 9 BEGINNING . — 10 P. M. 113551� 2 11 Those portions of Lots 17 , 19 , and 20 , Block J of Tract No . 349 , and the easterly half of that certain unnamed street 12 lying westerly of and adjoining said Lot 17 , JLn the City of Iluntingcon leach , County of Orange , State of Califo-nia, 13 per map recorded in Book '15 , page 17 of Miscellaneous :daps , in the office of the :County .1 ecorder of said County , lying 14 Southerly' and Southeasterly of the southeasterly rid;;.t of W, way line of I•!arner Avenue , 120 `_'eet ,-,ide , as described in an kZZ 15 easement deed to the City of Huntington eac -, recorded in °0D Book 8269 , pages 2113 to 246 inclusive of Official Records , °W16 in the office of said County Recorder.�Fo i 17 -- -- --- - - --- - - - - -=---.._ - --- ----_ __-- ° P . :•I. 113 5--l 6 18 19II That portion of the northeast quarter of fractional_ Section 29 , Town sliip 5 S0ut , _iat_�r 1l :t Wit , -Il tht� Rancho La Ro1.sa CIl1Ca, in the City of Huritin-ton Beach , County of Orange , State of Cali- 20 fornia, as per mat, recorded in Book 51 , Pa ;e 13 of i.'iiscellaneous I.1aps , in the office of the: County Recorder of said County , also 21 being, a portion of Lot 1 in Block 17 of Tract !,To . 86 , as shown on a map recorded in Book, 10 , Pages 35 and 36 of 'Iiscellaneous 22 Maps , in the office of said County Recorder, described as follows : 23 " Beginning at th,e nortl-iwest corner of the northeast quarter of 24 said fractional Section 29 - thence Ilorth 89° 39 ' 511" East 330 .03 feet along the north line of t:.e nor•Lheast quarter of said fractional. Section 29 to a point of intersection ::iLh the north- 25 erly prolon`a.ticn of the easterly line oP Lot 1 of Block 17 of . 26 said Tract No. 86 ; thence South 00 43 ' 22.'1 East 151 . 64 feet along "said nor­,-i_.rly prolongation and along the• easterly line of said Lot 1 to the T_zUE i'OI T OF BE Gl a d i?'G , said point lies 27 at the intersection -of the easterly line &?' said Lot 1 crith a curve concave to the southeast and having a radius of 570 .00 28 feet , a rad -al line through said point bears ilort 33° 16 ' 35' [lest , 29 said curve being_ the southeasterly right of way line of -lamer Avenv.e as describes' in an easement deed to the City of Huntington Beach recorded in Boot, 8269 Pan-es 2113 to 246 inclusive , Official 30 Records of Ora:,g_- County , California; thence cone,nuin� a1or. 311 said east line of said. Lot 13 South 0°. 43 ' 22" East 38 . 36 feet to ci point on a non--tangent curve , conC?ve easterly and having, 32 a radius of 50 .00 feet , a radial to said mint bears North 00 43 ' 22" 1lest ; thence. soul.--westerly 110 . 71 feet- al.ot: 4. I 1 said curve t'nrou�;h a central angle of 126' 52 ' 3-21, to a point of reverse cul-v_.tLire , a radial to said point bears 2 South 520 211 ' 26" '.Test ; thence sout'rleastlerly 32 . 18 feet along a reverse curve , concave south?,.es•Gerly and having,: a radius of 3 50 .00. feet throu-h a central angle of 3"' 52_ ' -3.2" to a point on a 'angent line ; thence South 00 113 ' 22" East 60 . 15 fee',; 4 to a point on a tangent curve , concave to the so-uth-•rnst , having a radius of 40 . 00 feet ; thence north:;esterly 31 . 700 feet along 5 said curve throug`i a central angle of 1150 30 00" to a point or: a. t an,g_r nt line ; thence North 116' 13 ' 30 -' West 7 5 .05 rent 6 along said fins, to a point on a tangent curve , concave soot:e_°iy , having a radius of 32 . 00 feet ; ti1Pnce vres` erly 53 98 feet 7 said curve through a central angle of 96° 38 ' 3;" to a. point on a tangent curvti , concave to the southeast , havinf, a radius of 8 5 ;0 .00 feet , said curve bein7 the before mentioned so l` �:eastG_,ly r1L;rlt Of Play Gi �tarC1P'' VE tie' thence IiJr�'. = u�•' '' 1,�; ,j�J 1 =_'U 9 aloTlg Said C11rVe through a Ceritrai and:le of l�° 3>y' 28 ' to the TRUE PoiNT 0P B ?CIN 1I ;G 10 --------- _-- -»_ --- - --- -- - = - -- 11 . P. ICI. 113 5--18. 1 12 A •perpetual easement and right of way for street and highway 13 purposes in, on and over the real property described as : 14 That portion or Lots 17 and , B1ock L, -Tract No. 475, W in the City of untincito- K �. �� 15 '3 rc•.c , C•��:?.ritsi Oa. CIl�:: ._� , State of o]o California as shO.-n On a Ii12p fi.lc^.d in C�?�o �.7 , aga 19 of WL313 16 rliscellanecus Eaps in the off]_ce Jr_ �� ��L of ' 1 1 - Lit 1 �:lecorcier•- U__ �Fti saki CO�:lty, lVi,l g t''c: Ler1; Oi t'le T_o 1c- i?� do?8, 'bed :� ar U0 17 Begi-nni_ng at a po�_nt on tha ne:rth 1_�.ra n-F sai_ci t 1.9 18 distant ir. Qi v _4:1 ' 0 0 11 tom. 54. J i c- . frc-m the vo.;.IJW'eslI Ci)7•i?e7: i thereof, said F?011lilJclSU C:31.Tig t"1'� b'scgir"i D , o a tzii--q-,eTIt curie, concave Southe,,:isterly and having a radius of 20. OG_ feet:; ' thence !Rest:ea:ly and South;�Tester_ ly 24. 29 feet: along said curve 20 thr_ou;h a central angle of 69' 35 ' 58" to a poi_Tit on a tangent: 1i_ne'; th&C,ce, S. 20c' 05 ' loll w. 66.?5 feet along sa _d li_ve.:to 21 the beginning Of a tangent curve, con.%ave SouthCasterly and 22 having a radius of. 20. 00 Leet; thence , Scut l�.�estct-ly and SO,lth- erly 7 . 26 feet along said cLu ve through a c%ntr.a1 angle o% 23 2 0" 4 32 " to a point on a tcI:,Jr_-Pt lJ? . , tic.ilCe , S. 0" 43 ' 2.2" E. 36.49 feet along said l:i.n - to a point or. the 24 south lima of said Lo; 17 , distal t N. 890 42 ' 22" E. 10. 00 feet from. the souti-wast corner thereof, said point being the south-- 25 erly terminus of the above: description. 26 t - 27 28 F 29 30 311 1 32 5. `t , i STANLEY E. KRAUSE .i DIRECTOR U N TY //�� t.. O GEORGE H, CORMACK, SRA L`.. .�� MANAGEMENT DIVISION JOSEPH A. HENNESSEY AN G E ACQUISITION DIVISION JACK YOUNG, SRA ' VALUATION DIVISION DEPARTMENT OF REAL PROPERTY SERVICES 515 NORTH SYCAMORE STREET SANTA ANA, CALIFORNIA 92701 _ TELEPHONE: 834-2550 AREA CODE 714 I September 4, 1970 P. M. 1135-13 , 14, 15.02, 16 , 18 . 1 Warner Avenue and Algonquin Street Mr . James R. Wheeler Director of Public Works City of Huntington Beach P. 0. Box 190 Huntington ,Beach, California 92648 Attention: Mr . H. E.. Hartge , City Engineer We are forwarding the following documents -covering the above-referenced parcels : i 1 . Contract For Sale Of Real Property which has been signed by the City of Huntington Beach and the Orange County Board of Supervisors.. 2 . Grant Deed which has been signed by the County. This deed should be accepted by your City Council prior to re.cordatmon. 3 . Copy of Resolution No . - 70-824 giving notice of intention to convey.- .. 4 . Copy of Resolution No . 70-940 authorizing con- vey'ance . Thank you for your kind cooperation in this transaction. ��;ClT iGE;f t..�� s---•_ 'Thomas Ga llv an Real Property Technician Enc . 4 r 7010 94 01 to 133 Recorded at request of, and return to: Orange County Dept. of Real Property Services 515 North Sycamore Street RECORDSO AT REQUEST OF Santo Ano, California 92701 CITY Of.NU1MTV1070" KACN IN OFFICIAL RECORDS OF WHEN RECORDED MAIL TO: ORANGE COUNTY, CALIF. CITY CLERK FREE 9:05 AM SEP 11 1970 P. 0. Box 190, Huntington Beach, C3 J. WYLIE CARLYLE, County Recorder California 92649 Project No. P . M. 1135 Project: Warner Avenue and Algonquin Street Parcel No. 13, 14 , 15 .0 2, 16 , and 18. 1 GRANT DEED FOR A VALUABLE CONSIDERATION, receipt'of which is hereby acknowledged, COUNTY OF ORANGE doeS hereby GRANT to CITY OF HUNTINGTON BEACH the real property in the County of Orange, State of California, described as: PARCEL P. M. 11.35-13 - - - That portion of .the northeast. one quarter_ of fractional Section 29 , Township 5 South , Range 11. iJes t , in the Rancho La Bolsa Chica, in the City of Huntington Uea0 - Ccunty of Cr,, n-e , Stateof California , as cer mat; recorded in Boor_ 51 , page 13 , of :tiscei.- laneou_ Maps , Official Record3 of Ora,-Ze County , Cali ornla, also beinf those portions of Lot 1 in Block 17 of Tract . 86 _ as shown on a man recorded in Bock- 10 , r,a es 35 and <6 of Miscellaneous :laps , Of-ficiai Records of 0 r a n g c U" ur..i.y , '.a11for,-i__a. descri;,e i as follows Beg;inni n at the northwest corner of the northeast cT:e :,.� rt,�„ i of sald frac^ . Conal. 3-nc;t:ion 29 _ theri::cc. �` 113 ' 22" F . 368 c'l? b "ee;, alonn— the Crest line of the northeast one quarter. of said fractional Section 29 to a point on a curve concave ;,o th.e south- east and Navin a radius of 600 .00 feet , a radial line throu-rh f •, j T QO Z t t tl 1.1 said. c northerly said ;�o.-n#; bears 6_ 0 , t,8 .said. curve being., the right of .Jay of Warner Avenue as described in an eacement deed to the Cite -of Huntington Beach recorded Jn Boo'., 5269 , par•�s 243 -co 246 inclusive , Official Records cf Ora.:, -a Count:; Cali�'or�.iw; thence portheasterly along said curve 11; .y6 feet through a cen- tral angle of 30 58 ' 58" to the TRUI POINT OF BEGINNING; thence continuing along said -curve 138. 17 feet; through a central angle of 110 28 ' 24" to a point on a tangent, reverse curve concave . westerly having a radius of 30.00 feet 1 thence northerly 21��ng I ova:d curve 4►- 10 feet through a central angle of 1'4" y: 1 : to a point on a tangent line thence 'v. 4c'° feet to a c a a poi, t on a tangent ur e co,.ca e to the no_ th'_e� st having a radius of 390 .00 feet ; thence northwesterly along, said curve 19 . 30 feet through a central angle of 20 50 ' 07" to a point on a non-tangent line a radial line through said point bears S . 460 36 ' 37" W. ; thence S. 89° 39 ' 54" W. 32 • i2 feet along said line to a point on a line that is parallel with 3r.d 20 .00 feet easterly , measured at right an;7les from the west line of the northeast one quarter of said fractional Section 29.;- 0 thence S . 00 43 ' 22" E. 25 .00 feet along said parallel line to _ a point ; thence N. 890 39 ' 54" E. 50 .00 'feet to a point ; thence p S . 00 43' 22" E. 75 .00 feet ; thence S. 89° 39 ' 54" W. 50 .00 feet to a point on said parallel line; thence S. 00 43 ' 22" E. 94 .78 feet along said parallel line to the TRUE POINT OF BEGINNING . C� ` PARCEL P. M. 1135-14 That portion of the northeast one quarter of fractional Section 29 , Township 5 South, Range 11 West , in the Rancho La Bolsa Chica, . in the City of Huntington Beach , County of Orange , State of California, as per map recorded in Book 51 , page 13 , of -Miscel- laneous Maps , Official Records of Orange County, California, also being those portions of Lot 1 in Block 17 of Tract No. So , as shown on a map recorded in Book 10 , pages 35 and 36 of Miscellaneous Maps , Official Records of .Orange County ,, California, described as follows : t Beginning at the northwest corner of the northeast one quarter of said fractional Section 29 , then.ce ' S . 0° 43 ' 22" E . 368.50 feet along the west line of the northeast one quarter of said fractional Section 29 to a point on a curve concave to the south- t° east and having a radius of 69.0 .00 feet a radial line . through ' said point bears N. 680 03 ' 48" W. , said curve being the north- erly right of way of Warner Avenue as described in an easement deed to the City of Huntington Beach recorded in Book 8269 , t pages 243 to 246 inclusive , Official Records of Orange County, California; thence northeasterly along said curve 329 .95 feet . through a central angle of 270 ' 24 ' 53" to .the TRUE POINT OF BEGINNING ; thence continuing along said curve 131.07 feet through a central angle of 101 43 ' 10" - to a point on a non--tangent line ., said line also being parallel with and 30 .00 feet southerly from the north line of the northeast quarter of said fractional Section .29 , a radial line through said - � point bears. N. 29° 55 ' 35" W. ; thence S. 890 39 ' 54" W. 130 .09 .feet along ' said parallel- line to a point ; thence S. 00 43' 22" E. 75:00 I feet to a point ; thence S. 890 39 ' 54" W. 13 .43 feet- to a point t on a non-tangent curve, concave northerly and having a radius of 30 .00 feet, a radial line through said. point bears. S. 360 25 ' 55" W. ; thence easterly 40 . 36 feet along said curve through a central angle of 77° 04 ' 40" to the TRUE POINT OF BEGINNING. P. M. 1135-15.02 Those portions of Lots 17 , 19 , and 20 , Block J of Tract No. 349 , and the easterly half of that certain unnamed street lying westerly of and adjoining said Lot 17 , in .the City {> of Iuntington Beach , County of Orange , State of California, ' per map recorded in Book 15 , page 17 of. Miscellaneous Maps , in the office of the .County Recorder of said County, lying Southerly and Southeasterly of the southeasterly right of is way line of Warner Avenue, 120..••. feet wide , as described in an f easement deed- to the City of Huntington Beach recorded in 8269 , gages 243 to 246 inclusive of Official Records, in the office of,. said County.. Recorder. F , lV. 1 , P. M- 11 31 5�16 `.4' 940.1 wE 135- - That portion of the northeast quarter of fractional Section 29 , :'ownship 5 South , Range 11 •Iest , in the Rancho La Bolsa Chica, in the City of Huntington Beach . County of Orange , State of Cali- fornia, as per map recorded in Book 51 , Page 13 of Iliscellaneous I'Iaps , in the office of the County Recorder of said County , also being a portion of Lot 1 in Block 17 of Tract No. 86 , as shown on a map recorded in Book 10 , Pages 35 and 36 of Miscellaneous Pups , in the office of said County Recorder, described as follows : Beginning at the northwest corner of the northeast quarter of said fractional Section. 29 ; thence North 89' 39 ' 54" East 330 .03 feet along the north line of the northeast quarter of said fractional Section 29 to a point of intersection wirh the north- erly prolongation of the easterly line of Lot 1 of Block 17 of said Tract No. 86 ; thence South 0° 113' 22" East 151 . 64 feet along said northerly prolongation and along the easterly line of said Lot 1 to the TRUE POINT OF BEGINiiI'aG, said point lies at the intersection of the easterly line of said Lot 1 with a curve concave to the southeast and having a radius of 570 .00 feet , a radial line through said point bears hlortl� 330 lo' ' 35" West , said curve being the southeasterly right of way line of !darner Avenue as described in an easement deed to the City of Huntington Beach recorded in Book 8269 Pages 243 to 246 inclusive , .Official F Records of Orange County , California; thence continuing along ' said east line of said Lot- 1, South 0° 43 ' 22" East 38 . 3b feet to a point on a non-tangent curve , concave easterly and having a radius of 50 .00 feet , a radial to said point bears North 00 43 ' 22" '.Jest ; thence sout:: t 1,,;eserly 110 .71 feet along said curve through a central angle of 1260 52 ' 12" to a point of reverse curvature , a radial to said point bears South 520 24 ' 26" West; thence southeasterly 32 . 18 feet along, r a reverse curve , concave southwesterly and having a radius of 50 .00 feet through a central angle of o° 52 ' 22" to a point on a tangent lire ; thence .South 00 43 ' 22" East 60 . 15 feet to a point on a tangent curve , concave to the south:,;est , having a radius of 40 .00 feet ; thence northwesterly 31 - 76 feet along said curve through a central angle of 450 30 ' 00" to a point on a tangent line ; thence North 460 13 ' 30" :lest 75 .05 Peet along said line to a point on a tangent curve , concave southerly , having a radius of 32 .00 feet ; thence Westerly 53 .98 feet along said curve through a central angle of 960 38 ' 33" to a point on tf a tangent curve , concave to the southeast , having a radiu's of 570 .00 feet , said curve being the before mentioned southeasterly right of Bray of l-;arner Avenue ; thence northeasterly 194 .90 feet along said curve through a central angle of 190 35 ' 28" to the TRUE POIIJT OF BEGINNING. P. M. 1135-18. 1 A perpetual easement and right of way for street and highway purposes in, on and over the real property described as ; That porti'o;i of L6ts I7._and­l9 , Block L, Tract No, 4752 in the City of Huntington Beach, County. of Orange, State of California, as shod on a map . filed in book 17, page 19 of Miscellaneous Maps in the office of the County Recorder-, of f said County, lying Westerly of the rollowing described;,-ibe: f i Beginning at a point on the north line of said Lot 19 - distant N: 89 41 08" E. 54.95 feet from the northwest corner] thereof, said point also being the begirningpof 'a tangent -3- rY k curve, concave Southeasterly and having a radius of 20.00 =feet`';` ' _ thence Westerly and Southwesterly 24.29' feet- alon&_said=curve . through a central angle of 69° 35 ' 58" to a point .a :.taept line; thence, S. 20° 05 ' 10" W. 66.25 feet along said 11: 0- the beginning of a tangent curve , concave Southeasterly and `. having a radius of 20.00 feet; thence, Southwesterly and South- erly 7 . 26 feet along said curve through a central angle of ax 200 48 ' 32" to a point on a tangent line; thence, S. 00 43 ' 22" E. 36.49 feet along said line to a point on the south line of said Lot 17 , distant N. 890 42 ' 22" E. 10.00 feet of from the southwest corner thereof, said point being the south- erly terminus of the above description. t . .Crj This conveyance is made upon the express condition subsequent that the above described parcels P. M. 1135-13 , P. M. 1135-14 , and P. M. 1135-16 shall be used only for street , highway and related landscaping purposes . Any breach of this condition shall cause the property to revert to the County of Orange who shall have the right of immediate re-entry upon said land in the event of any such breach. 4 ! ! i 'S C' F . 1 ' S k -4- tr r 1 94-0 h'��E d j Date J COUN Y ] R By Chai149n, Board of Supervisors ATTEST: W. E. ST JOHN, C�uneylCT&k.of the County of Orange -index officlo.,tlerk_of the Board of Supervisors.:-o€-flraiig! Couky=" BY� STATE,OF CALIFORIdfiAY CO -tie On ttis.- day of 197A, before me, a Notary Public in and for A said County and State, personally appeared 7dPn E. A✓/cn - - --as Chairman of the Board of Supervisors of Orange County, s California, who is known to me to be the person described in and whose name is subscribed to the within instrument, and acknowledged to me that he executed the same on behalf of said County of Orange and as such officer thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MARILYN F. RECORD NOTARY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY OFiICIAI StAI MY cMeaFWq hOm Aeo. APPROVALS Approved as to form by County Counsel @-Wasch,.3y &*5 DESCRIPTION COMPARED B L P lost-3 _ X . t _ 13 January 1970 TO : City Council FROM: City Attorney SUBJECT: Resolution to Acquire Property from the State for Part of Central City Parksite Pursuant to request from the City Administrator and letter from the Division of Highways , we submit the attached resolution for approval to purchase 18 .66 net acres from the State of Calif- ornia for the sum of $375,066 .00 . Respectfully submitted, DON 'P. BONFA City Attorne DPB:AHB:bc Attachment