HomeMy WebLinkAboutLandscape Easement - 17th/Palm near Newfoundland Circle - Is (2) REQUEST FOR CITY COUNCIL ACTION
Date December 6, 1993
Submitted to: Honorable Mayor and City Council Members
Submitted by: Michael T. Uberuaga, City Administrator
Prepared by: Louis F. Sandoval, Director of Public Worksfi
t(livt>>
Subject: Landscape Easement 17th/Palm - Island "T", Tract 14139
Lots 4, 5 & 6
APPROVED BY CITY COUNCII
9iConsistent with Council Policy? ] Yes [ ] New Policy or Exception ly
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Ac ions, Atta I a • . Artjf. s ��
STATEMENT OF ISSUE:
The Landscape Easement is necessary to save 10 mature eucalyptus trees.
RECOMMENDATION:
Accept the Landscape Easement from Seacliff Partners to the City of Huntington
Beach and execute the certificate of Acceptance of Easement Deed.
ANALYSIS:
Tract 14139 was an oil island which had perimeter blockwall and eucalyptus trees
planted (outside of the wall) to screen the facility as required by Huntington Beach
code.
The existing perimeter blockwall, if removed and relocated at property line, will require
removal of the ten (10) existing trees. The City has required the developer to keep the
existing blockwall, on private property, in an effort to save the trees. The trees will be
trimmed by the developer for removal of dead and undesirable limbs for aesthetics and
safety, prior to acceptance of the tract.
In order to save the 10 mature eucalyptus trees a landscape easement is necessary.
The landscape easement is approximately five feet (5') wide and two hundred feet
(200') long. It is located on Seventeenth (17th) Street on the northwest corner of 17th
and Palm Avenue. The easement includes an area from face of block wall to public
right-of-way at back edge of sidewalk on 17th Street. (see attached sketch)
lain c/or
Should the City not accept the proposed landscape easement with existing trees, each
individual resident will be responsible to maintain these trees as located in each lot.
There is no homeowners association for this tract and there was no condition for the
tract to form an association. Also, at a later date, if the trees are in private property, the
resident owners may remove the trees and blockwall and relocate new wall at property
line immediately adjacent to sidewalk.
By acceptance of this easement the City will be responsible for maintenance and
liability of the trees. However, the residents of the area and the Community in general
will have the benefit of ten (10) mature trees to view and appreciate.
ENVIRONMENTAL STATUS:
N/A
FUNDING SOURCE:
Maintenance of the trees will be funded from existing budgeted funds as approved by
City Council each fiscal year. We estimate contract trimming will cost$1,000.00 every
two years to maintain these ten (10) trees.
ALTERNATIVE ACTION:
Do not accept landscape easement and leave the trees in private property for each lot
owners care and maintenance.
ATTACHMENTS:
1. Landscape Easement Sketch
2. Easement deed with; legal description, location map and notary document.
S�
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On , 19_, before me,
Notary Public, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (s) whose name (s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacities, and that by his/her/their signature (s) on the
instrument, the person (s) , or the entity upon behalf of which the
person (s) acted, executed the instrument .
WITNESS my hand and official seal .
[Seal]
Signature
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On , 19_, before me,
Notary Public, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (s) whose name (s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacities, and that by his/her/their signature (s) on the
instrument, the person (s) , or the entity upon behalf of which the
person (s) acted, executed the instrument .
WITNESS my hand and official seal .
[Seal]
Signature
Notary Public
4
EXHIBIT "B"
- P.O.B.
N48'22'01"W 330.00'
139.50' 145.50' \ 45.00'
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N48'22'01"W 113.44' LS M N48'22'01"W 119.56'
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26.00' 26.00' 16
N48'22'01"W 89.48' o '- L5
b
b N48'22'01"W 285.00' co b
0 0 . 0o
r-i I 139.50 T. PALM AVENUE j 190.50' I
N48'22'01"W 330.00'
LINE DATA: CURVE DATA:
Line Bearing Distance Curve Delta Radius Arc Tangent
Number Number Length Length 3
L1 N41'37'59"E 51.00' C1 89'58'10" 32.00' 50.25' 31.98' .
L2 N41'37'59"E 20.00' C2 90'00'00" 24.00' 37.70' 24.00' i
L3 N41.39.49"E 31.00' C3 36'52'12" 54.00' 34.75' 18.00'
L4 N41'39'49"E 43.02' C4 35'37'28" 46.00' 28.60' 14.78' a .
L5 N48'22.01"W 63.54' C5 91'24'20" 46.00' 73.39' 47.14' 1
L6 N48'20'11"W 5.00' C6 91'05'08" 46.00' 73.13' 46.88'
L7 S48'22'01"E 5.00'
\ 1
SCALE: 1"=50" 6
1
;;2.„ ALDEN & EXHIBIT "a"
' S S 0 CIATE S SKETCH TO ACCOMPANY
A LEGAL DESCRIPTION FOR LANDSCAPE PURPOSES
18012 COWAN. SUITE 210, IRVINE, CA 92714 W.O. No. 0844-273-TX6 Date `I/28/93
(714) 660-0110 FAX: 660-0418 Engr. J.W. Chk. DM. Sheet 2 Of 2
Grantor warrants that it is the owner of the interest granted
herein and has the full right and authority to make the grant set
forth herein.
Dated:
SEACLIFF PARTNERS, a California general
partnership
By: PACIFIC COAST HOMES,
a California corporation,
Partner
By
By
By: UWC-SEACLIFF, L.P. ,
a California Limited Partnership,
Partner
By: UWC Seacliff Land Corporation,
a California corporation,
Its General Partner
By
By
3
•
Beginning at the easterly corner of said Tract 14319, said
point also being on the northwesterly right-of-way line of
17th Street 90 . 00 feet wide, as shown on said tract map;
thence South 41°20 ' 11" East 200 .02 feet along the
southeasterly boundary line of said tract; thence 48°20'11"
West 5.00 feet to a line parallel with and 5 .00 feet
northwest of the southeasterly boundary line of said tract;
thence North 41°39' 49" East along said parallel line 200.01
feet to the northeasterly boundary line of said tract; thence
South 48°22 '01" East along said northeasterly boundary line
5 .00 feet to the point of beginning.
Said easement is granted on condition that1and, by acceptance
hereof, grantee covenants that:
1 . Neither Grantee nor Grantee's successors, assigns,
invitees or guests shall use such easement in a manner so as to
unreasonably interfere with the use of the property by Grantor or
Grantor' s successors in interest .
2 . Grantee shall repair and maintain the landscaping and
related matters at its sole cost and expense and in sound
condition .
3. Said maintenance of the area described herein and depicted
on Exhibit B hereto by Grantee shall commence upon the day that
the tree work required by Grantee is completed by Grantor in
conformance with instructions on tree removal and/or tree trimming
and final tract acceptance is approved by the City of Huntington
Beach.
4 .Except for any damage to or loss of property (to whomever
belonging) or injury to or death of person (s) cause by the sole
negligence or willful misconduct of Grantor or any successor in
interest to Grantor, Grantee shall indemnify, defend and hold
harmless Grantor, its constituent partners, their shareholders,
officers, agents and employees, Grantor's successors in interest,
and each of them, from and against all liability or claims thereof
for any such loss, damage, injury or death arising out of and
resulting from Grantee's failure to perform its obligations herein
or Grantee's exercise and use of the rights granted herein.
The foregoing shall be covenants running with the land,
binding upon the easement rights described herein, as the burdened
parcel, and each owner thereof, in favor of each the aforesaid
lot, as the benefitted parcel, and each owner thereof.
2
`'\ WHEN RECORDED, MAIL TO:
RICHARDS, WATSON & GERSHON - - - -
Attorneys at Law
333 South Hope Street, 38th Floor
Los Angeles CA 90071-1469
Attn: Mark L. Lamken, Esq.
DOCUMENTARY TRANSFER TAX
$ nil
_L_ Computed on full value of property
conveyed, or
Computed on full value less liens and
encumbrances remaining at time of sale .
A.P .N.
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt of which is
acknowledged hereby
SEACLIFF PARTNERS,
a California general partnership
hereby GRANTS TO
THE CITY OF HUNTINGTON BEACH
a municipal corporation
a non-exclusive easement in gross, for ingress and egress, and
the, maintenance and repair of trees, shrubs and other
landscaping, including irrigation systems, on, over and across
those portions of Lots 4, 5 and 6 of Tract 14319 in the City of
Huntington Beach, County of Orange, State of California, as shown
on Map filed in Book 696, pages 3 and 4 of Miscellaneous Maps,
Official Records of Orange County, California, and described as
follows :
(51W)
L . c- A.-r I-NT 17 42
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in CITY OF HUNTINGTON BEACH
`-o) 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
December 10, 1993
Lee A.Branch,Recorder
County of Orange
P. O. Box 238
Santa Ana, CA 92702
Enclosed please find a deed to be recorded and returned to the Office of the City
Clerk, City of Huntington Beach,2000 Main Street,Huntington Beach,
California 92648
Connie Brockway
City Clerk
CB:cc
Enclosure: SEACLIFF PARTNERS, a California general partnership,#5454
r,
6774- IFD eguk-)14-1A-
7/I( 75 / 7 7 7
/
(Telephone:714-536-5227)
WHEN RECORDED, MAIL TO:
Connie Brockway, City Clerk
Office of the City Clerk
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
rr�
DOCUMENTARY TRANSFER TAX
$ nil f 5y5y.
Computed on full value of property
conveyed, or
Computed on full value less liens and
encumbrances remaining at time of sale .
023-293-04
023-293-05
A.P .N. 023-293-06
This document is solely for the
official business of the City
Tax-Exempt-Government Agency of Huntington Beach, as contem-
CITY OF HUNTINGTON BEACH plated under Government Code
Connie Brockway, CMC Sea. 6103 and should be recorded
City Clerk �p free of charge.
�By. r& .PJ/. V EASEMENT DEED
Deputy City Clerk
FOR VALUABLE CONSIDERATION, receipt of which is
acknowledged hereby
SEACLIFF PARTNERS,
a California general partnership
hereby GRANTS TO
THE CITY OF HUNTINGTON BEACH
a municipal corporation
a non-exclusive easement in gross, for ingress and egress, and
the, maintenance and repair of trees, shrubs and other
landscaping, including irrigation systems, on, over and across
those portions of Lots 4, 5 and 6 of Tract 14319 in the City of
Huntington Beach, County of Orange, State of California, as shown
on Map filed in Book 696, pages 3 and 4 of Miscellaneous Maps,
Official Records of Orange County, California, and described as
follows :
Beginning at the easterly corner of said Tract 14319, said
point also being on the northwesterly right-of-way line of
17th Street 90 . 00 feet wide, as shown on said tract map;
thence South 41°20 ' 11" East 200 . 02 feet along the
southeasterly boundary line of said tract; thence 48°20 ' 11"
West 5 . 00 feet to a line parallel with and 5 . 00 feet
northwest of the southeasterly boundary line of said tract;
thence North 41°39'49" East along said parallel line 200 . 01
feet to the northeasterly boundary line of said tract; thence
South 48°22 ' 01" East along said northeasterly boundary line
5 . 00 feet to the point of beginning.
Said easement is granted on condition that and, by acceptance
hereof, grantee covenants that :
1 . Neither Grantee nor Grantee's successors, assigns,
invitees or guests shall use such easement in a manner so as to
unreasonably interfere with the use of the property by Grantor or
Grantor' s successors in interest .
2 . Grantee shall repair and maintain the landscaping and
related matters at its sole cost and expense and in sound
condition .
3 . Said maintenance of the area described herein and depicted
on Exhibit B hereto by Grantee shall commence upon the day that
the tree work required by Grantee is completed by Grantor in
conformance with instructions on tree removal and/or tree trimming
and final tract acceptance is approved by the City of Huntington
Beach.
4 .Except for any damage to or loss of property (to whomever
belonging) or injury to or death of person (s) cause by the sole
negligence or willful misconduct of Grantor or any successor in
interest to Grantor, Grantee shall indemnify, defend and hold
harmless Grantor, its constituent partners, their shareholders,
officers, agents and employees, Grantor's successors in interest,
and each of them, from and against all liability or claims thereof
for any such loss, damage, injury or death arising out of and
resulting from Grantee ' s failure to perform its obligations herein
or Grantee' s exercise and use of the rights granted herein.
The foregoing shall be covenants running with the land,
binding upon the easement rights described herein, as the burdened
parcel, and each owner thereof, in favor of each the aforesaid
lot, as the benefitted parcel, and each owner thereof.
2
.
Grantor warrants that it is the owner of the interest granted
herein and has the full right and authority to make the grant set
forth herein.
Dated: December 8, 1993
SEACLIFF PARTNERS, a California general
partnership
By: PACIFIC COAST HOMES,
a California corporation,
Partner
By
By /
By: UWC-SEACLIFF, L.P . ,
a California Limited Partnership,
Partner
By: UWC Seacliff Land Corporation,
a California corporation,
Its General Partner
By
By
3
.:1 f7 77
EXHIBIT "B"
P.O.B.
N48'22'01"W, 330.00' /
139.50' 145.50' 1 45.00'
Jay
3 Li o,_,,c, ,
v ,x J IX I
o N48'22'01"W 93.41' \0' QC9' W N48'22'01"W 99.61' o I o to
o� o
N ��r0 Ili N I NN N
n
Q-P c' W
2 ��
CD CDo 0 ��, hi a,
) o rn ra,
r) tri •"' I 2 °i
Cr) d
Z J ,� J Z N Z
W 0
N48'22'01"W 113.44' r 0 N48'22'01"W 119.56'
b •
b -I Z 6
o
1 Z 6
iri 8-I 45.00'
N
26.00' 26.00' L6 Vy
CI
N48'22'01"W 89.48' oo L5
o N48'22'01"W 285.00' to b
b 0
o 0 o
M I 139.50 q. PALM AVENUE l _ 190.50'
N48'22'01"W 330.00'
LINE DATA: CURVE DATA:
Line Bearing Distance Curve Delta Radius Arc Tangent
Number Number Length Length I
L1 N41'37'59"E 51.00' C1 89'58'10" 32.00' 50.25' 31.98' .
L2 N41'37'59"E 20.00' C2 90'00'00" 24.00' 37.70' 24.00' 11
L3 N41'39'49"E 31.00' C3 36'52'12" 54.00' 34.75' 18.00' h
L4 N41'39'49"E 43.02' C4 35'37'28" 46.00' 28.60' 14.78'
L5 N4622'01"W 63.54' C5 91'24'20" 46.00' 73.39' 47.14'
L6 N48'20'11"W 5.00' C6 91'05'08" 46.00' 73.13' 46.88' t
L7 S48'22'01"E 5.00'
. \ X
g
V
SCALE: 1"=50"
‘414ALD E N & EXHIBIT pBn
S S O CIATE SSKETCH O ACOMPANY
A LEGAL DESCRIPTION rFORCLANDSCAPE PURPOSES
18012 COWAN, SUITE 210, IRVINE, CA ' 92714 W.O. No. 0844-273-TXG Date 9/28/93
(714) 660-0110 FAX: 660-0418 Engr. J.W. Chk. D.W. Sheet 2 Of 2
STATE OF CALIFORNIA )
ss .
COUNTY OF ORANGE )
On F,Apihi� 7, , 192, before me,��_�e yinc,Notary Pic, personally appeared A 2k.1 � 1•"--
�/1/yarr l�r f. Goo. vso •
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (s) whose name (s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacities, and that by his/her/their signature (s) on the
instrument, the person (s) , or the entity upon behalf of which the
person (s) acted, executed the instrument .
WITNESS my hand and official seal.
[Seal]
Sig natureSj 4A ,, OFFICIAL NOTARY SEAL
t _ J.DESMOND BUNTING
Notary Public 4 r: Notary Public—California
,• ORANGE COUNTY
1rd�'~ My Comm.Expires JUN 30,1995
STATE OF CALIFORNIA )
ss .
COUNTY OF LOS ANGELES )
On , 19 , before me,
Notary Public, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (s) whose name (s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacities, and that by his/her/their signature (s) on the
instrument, the person (s) , or the entity upon behalf of which the
person (s) acted, executed the instrument .
WITNESS my hand and official seal .
• [Seal]
Signature
Notary Public
4
•A, in CITY OF HUNTINGTON BEACH
4.3 2000 MAIN STREET ;
CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
DEED CERTIFICATION
This is to certify that the interest in real property conveyed by the deed dated
December 8, 1993 from SEACLIFF PARTNERS,a California general partnership to
the City of Huntington Beach, a municipal corporation, is hereby accepted by the
undersigned officer or agent on behalf of the City Council of the City of Huntington Beach,
pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City
of Huntington Beach adopted on August 7, 1972, and the grantee consents to the
recordation thereof by its duly authorized officer.
Dated: December 10, 1993
CITY OF HUNTINGTON BEACH
CONNIE BROCKWAY, CMC
CITY CLERK
By:W ��4-
Deputy City Clerk
(Telephone:714-536-5227)