HomeMy WebLinkAboutProperty Acquisition - accept easement deeed - Garfield Aven �DAIXDF GJy
Council/Agency Meeting Held:
Deferred/Continued to:
M'Approved ❑ Condition Ily Approved ❑ Denied ity Clerk's Sig tune
Council Meeting Date: August 5, 1996 Department ID Number: AS 96-027
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Admini
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator
SUBJECT: PROPERTY ACQUISITION - GARFIELD AVENUE WIDE G A
#111-110-07,10
Statement of Issue,Funding Source,Recommended Action,Alternative Actions),Analysis,Envi onmental Status,Attachments)
Statement of Issue: Record right-of-way easement deeds under the terms of the Holly
Seacliff Development Agreement, dated April 11, 1991, as it is the City's responsibility to
acquire the public right-of-way for all street widenings within the project
Funding Source: Seacliff Partners, Account#E-SF-AS-179-44-00.
Recommended Action: Approve and accept the easement deeds and authorize the Mayor
and City Clerk to execute the deeds and see to their recordation.
Alternative Action(s): Do not approve and accept the deeds at this time.
Analysis: The widening of Garfield Avenue is an integral part of the implementing of the
Holly Seacliff Development Plan from Golden West Street to Main Street. The precise street
alignment of Garfield was approved by City Council on December 16, 1991, by Ordinance
#3217. The City of Huntington Beach and Seacliff Partners have been acquiring all
properties necessary for this rigt-of-way.
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RRUEST FOR COUNCIL ACTIO
MEETING DATE: August 5, 1996 DEPARTMENT ID NUMBER: AS 96-027
Environmental Status: n/a
Attachment(s):
City Clerk's
1. Deeds approved as to form by the City Attorney.
HSDEEDS2.DOC -2- 07/08/96 11:50 AM
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05-19-96/NAR-57444/SSM
RECORDING REQUESTED BY
Recorded
AND WHEN RECORDED MAIL TO.: in the County Orange, California
Gary L. Granville, Clerk/Recorder
rk/Recorder
City Clerk IIIIII1IIIIIIIIIIIIII1IIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111 No Fee
City of Huntington Beach 19960489351 2;20pm 09/25/96
P. 0. Box 19 0 005 25001394 25 19
Huntington Beach, CA 92648 E01 12 7.00 33.00 0.00 0.00 0.00 0.00
[SPACE ABOVE LINE FOR RECORDER'S USE)
The undersigned Grantor declares:
DocumentVy transfer tax is $ 66q(p /
computed on the consideration or value of
pa.opert conveyed. '
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RIGHT-OF-WAY EASEMENT DEED "l
FOR A VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged, CARL M. WEAVER, an individual ("Grantor") ,
does hereby grant to the CITY OF HUNTINGTON BEACH, a municipal
corporation ("Grantee") , the following:
1. A perpetual easement and right of way for public
street and utilities purposes in, on, over, under and across
all that real property in the City of Huntington Beach, County
of Orange, State of California, depicted and legally described
in Exhibit 1 (the "Hansen Right-of-Way Property") and Exhibit 2
(the "Kemp Right-of-Way Property") attached hereto and made a
part hereof.
2 . A non-exclusive temporary easement to enter on
and over the ten-foot wide strip of land adjacent to and
immediately to the north of the northernmost edge of the Hansen
Right-of-Way Property and adjacent to and immediately to the
north of the northernmost edge of the Kemp Right-of-Way
Property for access and construction purposes (the "Temporary
Easement") to enable the completion of various improvements in
connection with the widening of Garfield Avenue. The term of
the Temporary Easement sha11Y" commence as of the date hereof and
terminate when the widening � f Garfield Avenue has been
completed. P This document is solely fcr t
p official bu-m.i.ness of the ri .
Of liuntirt:tcn �!aa h, as
plated un',e: Go•:ermnent "o(,,�
Tax-Exempt-Govern ment Agency
Sec. 6103 and should be rc_�;rd
CITY OF HUNTIrVCT b
Mail Tax Statements to Address Shown Aove. '
3y:... ............ t 684= NSII •-• -1-
eputy City Clerk
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EXHIBIT "1"
LEGAL DESCRIPTION OF HANSEN RIGHT-OF-WAY PROPERTY
[See Attached]
M\z068420c.NSu EXHIBIT "1"
1 FIANSEN
EXHIBIT "A"
LEGAL DESCRIPTION
A.P. NO. 111-110-07
BEING THOSE PORTIONS OF LOTS 10, 11 AND 12 IN BLOCK "E" OF THE GARFIELD
STREET ADDITION TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED
IN BOOK 7, PAGES 27 AND 28 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE RUNNING
NORTHWESTERLY FROM A POINT ON THE EASTERLY LINE OF SAID LOT 10, SAID
POINT BEING 50.00 FEET NORTHERLY MEASURED AT RIGHT ANGLES FROM THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH,
RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON SAID MAP,
TO A POINT THAT IS 60.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM
THE SOUTH LINE OF SAID SOUTHWEST QUARTER AND 32.00 FEET EASTERLY OF THE
WEST LINE OF SAID LOT 12.
TOGETHER WITH THE SOUTH 32.00 FEET OF THE WEST 32.00 FEET OF SAID LOT 12.
TOGETHER WITH THAT PORTION OF SAID LOT 12 LYING SOUTHWESTERLY OF A
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 32.00 FEET, SAID CURVE
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 QUARTER OF SECTION 35, AND TANGENT ON THE WEST TO THE WEST
LINE OF SAID LOT 12.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT-OF-
WAY, EASEMENTS AND LEASES OF RECORD, IF ANY.
EXHIBIT "A"
VWDEN & LEGAL DESCRIPTION
SOCIATES A.P. NO. 111-110-07
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/18/93
19012 COWAN,SUITE 210 • IRVINE. CA 92714 wo.No. Date
7 1 41660-0 1 1 0 FAX:660.041a Er D Chk. Dw' Sheet 1 Of 2—
EXHIBIT mBx
® INDICATES AREA `�—
DESCRIBED HEREIN SCALE: 1'=100'
G G
7 6 7
28' v
8 8 �
50' O
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10 28 10 SOUTH LINE OF 5W 1/4,
SEC. 35 T. 5 5., R. 11 W.,
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11 11
12 12
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ALDEN & EXHIBIT V
SKETCH TO ACCOMPANY A
S S 0 CIATE S LEGAL DE500MON f OR ROAD PURPOSES
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-273-8 Date OG/18/93
(714) 660-0110 FAX: 660-0418 En r. 2•C• Chk. D.W, Sheet?_Of 2
EXHIBIT 112"
LEGAL DESCRIPTION OF KEMP RIGHT-OF-WAY PROPERTY
[See Attached]
M\zo68420c.NSu EXHIBIT 112"
KEMP
EXHIBIT "A"
LEGAL DESCRIPTION
A.P. NO. 111-110-10
BEING THAT PORTION OF LOT 6 IN BLOCK "E" OF THE GARFIELD STREET ADDITION
TO HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 7,
PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND
50.00 FEET NORTHERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTH LINE OF
THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 5 SOUTH, RANGE 11 WEST,
SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN ON SAID MAP .
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, RIGHT OF
WAY AND EASEMENTS OF RECORD, IF ANY.
F:ss!0'jj
NE
W .b. 19402
ExPI.LO— 3
J} CIVIL 13p'
�lf OF C�U��Q�i
EXHIBIT "A"
VWDEN & LEGAL DESCRIPTION
SOCIATES A.P. NO. 111-110-10
CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS 0879-273-8 06/18/93
18012 COWAN,SUITE 210 • IRVINE.CA 92714 WO.No. Date
714/660-0110 FAX:660-0418 En r. _ Chic. DW Shaat 1 0�
EXHIBIT nB"
5
® WDICATES AREA
DE5GROED HEREW 6
60 50
7 U
O
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SCALE: 1'=100'
4
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SE COR. SW 1/4, 5W 1/4,
SEG. 35, 513.8lYi., R. 11 W.,
o
GRYSTAL STREET
2 2
3 - - - - -3-
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4 6 4 U
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g 50UTH i!NE Of 5W 1/4,
6 6 SEG. 35, T. 5 5., R. 11 W.,
32' S.6.M.
7 0' 7
8 I
*LDEN & EX"!T W
5KETCH TO ACCS S O CIATE S LEGAL D 50PfPTION F ROMPANY ROAO PURPOSES
18012 COWAN, SUITE 210, IRVINE, CA 92714 W.0. No. 087q-273-8 Date 06/16/g3
(714) 660-0110 FAX: 880-0418 En r. D.C. Chk. D.W. Sheet 2_Of 2
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EXHIBIT 113"
LEGAL DESCRIPTION OF LOT 27 RIGHT-OF-WAY PROPERTY
The real property located in the County of Orange,
State of California, described as follows:
LOT 27 IN BLOCK "C" OF "GARFIELD STREET ADDITION TO
HUNTINGTON BEACH, " AS PER MAP RECORDED IN BOOK 7 ,
PAGES 27 AND 28 OF MISCELLANEOUS MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
(APN 111-140-25)
M\Z068420C.NSU EXHIBIT 113"
3 . A non-exclusive temporary easement to enter on
and over that certain real property in the City of Huntington
Beach, County of Orange, State of California, described in
Exhibit 3 attached hereto and made a part hereof, for access
and construction purposes (the "Lot 27 Temporary Easement") to
enable the completion of various improvements in connection
with the widening of Crystal Street. The term of the Lot 27
Temporary Easement shall commence as of the date hereof and
terminate when the widening of Crystal Street has been
completed.
IN WITNESS WHEREOF, Grantor has caused this
instru t to be executed as of this 2i.-t� day of
.Q , 1996.
"Grantor"
CARL M. WEAVER
The City agrees to and accepts
the various easements created
hereby as -of this 6
day of , 1996.
CITY OF HUNTINGTON BEACH /
By:
[Printed Name and Title]
ATTEST:
City Clerk- C!ONN=E
APPROVED AS TO FORM:
i'
City Attorney
M\Z068420C.NSU -2-
ACKNOWLEDGMENTS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On / 1996, before me,
Notary Public, personally appeared
personally known to me or `F proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to t:e within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
; - Paula Lindsey
U_u
Comm.117057997
a tti�
JOTAR'r PUBLIC CALIFORNIA
ORANGE COUNTY
Comm Exp.June 19.tS99
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On , 1996, before me, ,
Notary Public, personally appeared ,
personally known to me or 0 proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal .
M12068420C.NSU
ACKNOWLEDGMENTS 's
STATE OF CALIFORNin )
)
COUNTY OF ORANGE )
On u �- ,Z , 1996, before me,
Notary Public personally app
eared
eared
Y
personally known to me or proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Paula Lin4say --�
Comm.9105;S__;
r * Fc COIDm Exp Jcr,_19 '999
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State of ��-�-
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Datd Name and Title of Officer(e.g.,"Jane Doe,Notwj Public") r
personally appeared J<< VZ SLl
Names)of Signer(s)
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whose nam (ems is re subscribed to the within instrument
and acknowledge to me that-hehs:, >e3execu ed the
same in hei uthorized capacity Je�>, and that by
#+s!#�s th signaturer�s on the instrument the persor
IAURAA.SON or the entity upon behalf of which the persor�(�.) acted,
commission;1066263 z executed the instrument.
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ORANGEMy Comm.Expires M 23.1999 WITNESS my�hand and official seal.
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Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �rlz C��V( (,t, ((jeCC-trz��
Document Date: I u Number of Pages: /
Signer(s) Other Than Named Above: �'' AA, W Le,& v2 r
Capacity(ies) Claimed by
Signer(s)
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Signer's Name: !/6- `ran Signer's Name: ��`�� `e ���u"�`L
❑ Individual ❑ Individual
Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
r Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General
E. Attorney-in-Fact ❑ Attorney-in-Fact
Trustee ❑ Trustee
Guardian on('Conservator `- El Guardian or Conservator
�( Other: 1 Conservator
U y "Top of thumb here E! Other: C! f IL Top of thumb here
Signer Is Representing: =: Signer Is Representing:
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0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827