HomeMy WebLinkAboutRES 2007-2 - 20-FOOT RIGHT-OF-WAY - 7782 & 7802 GARFIELD AVE Council/Agency Meeting Held:
Deferred/Continued to:
lApproved ❑ Condi ionall Approved ❑ Denied �- City erk' Sign re
Council Meeting Date: 1/16/2007 Department ID Number: CA-07-01
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE /MAYOR AND-CITY COUNCILMEMBERS
LOP ULBRETH-G , DPA, City Administrator
SUBMITTED BY: P Kfii
PREPARED BY: JENNIFER McGRATH, City Attorney ��Q Itltv/�
ROBERT F. BEARDSLEY, PE, Director of PutSli�cW orks
SUBJECT: Adopt Resolution for Condemnation of 20-Foot Right-of-Way at 7782
and 7802 Garfield
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: A public hearing is required to allow those property owners who filed
written requests within the time specified in the notice to address the proposed condemnation
of a 20-foot right-of-way at 7782 and 7802 Garfield Avenue. If the City Council finds, from all
the evidence submitted that the condemnation is necessary for present or prospective public
use, it may adopt a resolution of necessity approving the acquisition.
Funding Source: Should the resolution be adopted, funding for property acquisition will be
provided by Traffic Impact Fee, Street Widening, Land Acquisition, Account No.
2069001.81000.
Recommended Action: Motion to:
Adopt Resolution No. 2007-2 , a resolution of necessity of the City Council of the
City of Huntington Beach, California, approving the acquisition of portions of certain real
property located at 7782 and 7802 Garfield Avenue Assessor's Parcel Nos. 159-151-01,
159-151-02, 159-151-03, and 159-151-16, together with a temporary construction
easement of less than 5 feet immediately adjacent and south of the acquired real property
for a period of 3 months during construction, by eminent domain to permit street widening.
(This resolution must be adopted by two-thirds (at least 5) of all the members of the City
Council.)
Alternative Action(s): Do not adopt resolution of public necessity. D -3
REQUEST FOR CITY COUNCIL_ ACTION
MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: CA-07-01
Analysis:
Factual Background:
The City's General Plan Circulation Element currently designates Garfield Avenue as a
four-lane primary street with a center median. The City has also adopted the County
Master Plan of Arterial Highways that requires the widening of Garfield Avenue to a four-
lane street. The City is obligated to comply with the Plan to receive Measure M funds and
grants.
One small section of Garfield Avenue, between Delaware and Florida Streets, remains to
be widened to bring it into conformance with the City's General Plan and the County
Master Plan of Arterial Highways. This small section currently has a single lane of travel in
each direction, no center median, no bicycle lanes, and no curbs, gutters, or sidewalks.
The widening of this last remaining section will result in a total public right-of-way of 100
feet, with four through lanes, including painted median, bicycle lanes, and curbs, gutters
and sidewalks. The street will conform and align with the existing public roadway to the
immediate east and west of the location.
The City has acquired by agreement all the required additional right-of-way on each side
of Garfield Avenue for the widening project with the exception of 20 feet of additional right-
of-way from four parcels on the south side of Garfield. Three of these parcels, commonly
known as 7802 Garfield, are owned by the Alvarez family, and one parcel, commonly
known as 7782 Garfield, is owned by the Contreras family.
Appraisals were obtained to determine just compensation for the acquisition of the 20-feet
of right-of-way from the four parcels, and a three month temporary construction easement
that will be required during actual construction. This involved determining the fair market
value of the property being acquired at its "highest and best use" and whether the
acquisition resulted in any "severance damage" to the remaining portions of the property.
Based upon said appraisals, and the City Attorney's analysis of any required dedication of
property, formal Offers of Purchase in compliance with Government Code Section 7267.2
were extended to the owners, or their representatives, on November 15, 2006, as
previously authorized by the City Council. Copies of these Offers, with the accompanying
statements and summaries, are attached, and were for the following amounts:
Parcel No. Address Ownership Amount of Offer
159-151-01 7802 Garfield Ave Alvarez $88,110.05
159-151-02 7802 Garfield Ave Alvarez $55,132.50
159-151-03 7802 Garfield Ave Alvarez $55,132.50
159-151-16 7782 Garfield Ave Contreras $84,904.05
-2- 12/28/2006 4:08 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: CA-07-01
Status of Negotiations: The Contreras parcel is owned by eight individuals. City staff has
had preliminary discussions with three of the owners having a two-thirds ownership
interest in the parcel. The remaining individuals have not responded, and the City's offer
has not yet been accepted.
The Alvarez family is represented by counsel and he has just recently responded to the
City's offer, stating that he does not anticipate any decision from his clients until early
January, 2007.
Necessity for Recommended Action: To keep the widening project on schedule and to
take advantage of available grant funding for the construction of the roadway
improvements, certain steps need to be undertaken to obtain timely possession of the
necessary right-of-way. These steps include passage of the proposed Resolution of
Necessity, the filing of a condemnation complaint in Superior Court, the depositing of the
amounts that have been offered with the State Treasurer's Office, and the obtaining of an
order of immediate possession from the Court.
While proceeding with these steps to obtain timely possession of the necessary right-of-
way, staff will continue with their efforts to acquire the right-of-way by agreement. Should
these efforts prove unsuccessful; the issue of just compensation ultimately will be
determined by a judge and/or jury.
The owners of the affected property have received written notice regarding the preparation
of the resolution of necessity. These parties must have filed a written request to be heard
at the January 16, 2007 City Council meeting. The written requests were required to be
received by the City Clerk prior to one o'clock pm on January 16, 2007. If after hearing all
parties, the City Council may determine that the requested action is necessary if it
determines that the projected widening and improvement of Garfield Avenue:
A. Is required by the public's interest and necessity;
B. Is planned in a manner that will be most compatible with the most public good and the
least private injury;
C. Requires acquisition of the property sought to be acquired; and
D. Whether offers to purchase, and accompanying statements and summaries,were
made in a form and manner required by Government Code Section 7267.2(a).
Environmental Status: Notice of Exemption filed on November 4, 2005
-3- 12/28/2006 4:08 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/16/2007 DEPARTMENT ID NUMBER: CA-07-01
Attachment(s):
City Clerk's
Page Number No. Description
1. Resolution No. 2007-2 A resolution of necessity of the
City Council of the City of Huntington Beach, California, approving
the acquisition of a portion of certain real property located at 7782
and 7802 Garfield Avenue, Assessor's Parcel Nos. 159-151-01,
159-151-02, 159-151-03 and 159-151-16, together with a temporary
construction easement of less than 5 feet immediately adjacent and
south of the acquired real property for a period of 3 months during
construction, by eminent domain to permit street widening.
2. APN 159-151-01 Offer documents, dated 11-15-2006
3. APN 159-151-02 Offer documents, dated 11-15-2006
4. APN 159-151-03 Offer documents, dated 11-15-2006
5. APN 159-151-16 Offer documents, dated 11-15-2006
6. Notice of Intention to adopt a Resolution of Necessity for the
acquisition of a portion of certain real property located at 7782 and
7802 Garfield Avenue, identified as Assessor Parcel Nos. 159-151-
01, 159-151-02, 159-151-03, and 159-151-16, with Proof of Service
dated 12-27-2006.
-4- 12/28/2006 4:08 PM
ATTACHMENT I
RESOLUTION NO. 2007-2
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
APPROVING THE ACQUISITION OF PORTIONS OF CERTAIN REAL PROPERTY
LOCATED AT 7782 AND 7802 GARFIELD AVENUE, ASSESSOR'S PARCEL NOS. 159-
151-01, 159-151-02, 159-151-03, AND 159-151-16, TOGETHER WITH A TEMPORARY
CONSTRUCTION EASEMENT OF LESS THAN 5 FEET IMMEDIATELY ADJACENT AND
SOUTH OF THE ACQUIRED REAL PROPERTY FOR A PERIOD OF 3 MONTHS DURING
CONSTRUCTION, BY EMINENT DOMAIN TO PERMIT STREET WIDENING
WHEREAS, the project for purposes of this acquisition consists of the widening and
improving of Garfield Avenue (the "Project"); and
The City Council is authorized under Government Code §§ 37350.5 and 40404 to utilize
the power of eminent domain to acquire real property for the purpose of installing, constructing
and widening public streets, and for related public purposes which are a governmental function
of the City; and
A portion of real property(the "Property")known as Assessor's Parcel Number 159-151-
01 and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration, respectively attached hereto as Exhibit A and
Exhibit B and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
A portion of real property(the "Property")known as Assessor's Parcel Number 159-151-
02, and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration,respectively attached hereto as Exhibit C and
Exhibit D and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
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Resolution No.2007-2
A portion of real property(the "Property") known as Assessor's Parcel Number 159-151-
03, and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration, respectively attached hereto as Exhibit E and
Exhibit F, and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
A portion of real property(the "Property")known as Assessor's Parcel Number 159-151-
16 and whose address is 7782 Garfield Avenue,which real property is more particularly
described in the legal description and illustration, respectively attached hereto as Exhibit G and
Exhibit H, and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
An aerial map showing the Property and immediate vicinity is attached hereto as Exhibit 1
and by this reference is incorporated herein; and
The City Council has determined that it is in the interest of the City to widen Garfield
Avenue in accordance with the Project; and
Pursuant to Government Code § 65402, the Planning Commission of the City of
Huntington Beach adopted General Plan Conformance No. 03-01 and Resolution No. 1584, on
July 22, 2003, stating the findings and determinations of the Planning Commission that the
location, purpose, and extent of the proposed acquisition of the Property conform with the City's
General Plan; and
All persons whose names and addresses appear on the last equalized county assessment
roll for the Property were given notice of the intention of the City to adopt a Resolution of
Necessity and to authorize the institution of eminent domain proceedings, and were informed of
the right to be heard on said matter pursuant to the Code of Civil Procedure § 1245.235; and
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6646
Resolution No.2007-2
A public hearing was held by the City Council on January 16,2007, at which the matters
set forth above and in Code of Civil Procedure § 1240.030 were discussed, including the
following matters: (a)whether the public interest and necessity require the Project; (b)whether
the Project is planned or located in the manner that will be most compatible with the greatest
public good and the least private injury; (c)whether the Property is necessary for the Project; and
(d) whether an offer of just compensation pursuant to Government Code § 7267.2 has been made
to the owner or owners of record;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1: That the above Recitals are all true and correct and are incorporated
herein.
Section 2: That the City Council does hereby find and determine the following:
A. That the City Council, pursuant to Government Code §§ 37350.5
and 40404, is empowered to condemn any property necessary to
carry out the public purpose of the Project.
B. That the public interest and necessity require construction and
completion of the Project, because the City's General Plan, and
specifically the Circulation Element, calls for the expansion of
Garfield Avenue in the manner contemplated by the Project. In
addition, the Garfield Avenue road widening is designed to relieve
traffic congestion, increase the capacity of the street and provide
continuity in the roadway alignment, and to provide the adjoining
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6646
Resolution No.2007-2
real properties with improved and safer access, improved drainage,
together with curbs, gutter, and sidewalks.
C. That the Project is planned and located in a manner that will be
most compatible with the greatest public good and least private
injury, because the design of the roadway widening must of
necessity occupy land which is immediately adjacent to the
existing roadway in order to maintain the continuity of the
alignment of the road for all users. The Project is designed in a
manner compatible with the greatest public good, because the
Project will involve road widening and related improvements
which will enhance the utility, drainage, and safety of the area,
including improving traffic safety and circulation for all those
traveling on Garfield Avenue, and also including improved and
safer access to and from the adjoining properties. The Project will
result in the least private injury, because where consistent with safe
roadway design restrictions,the amount of property for potential
acquisition was determined so as to minimize the amount of the
parcel taken, and to minimize impacts to the remainder of the
parcel.
D. That the acquisition of the Property is necessary to permit
construction and completion of the Project, because the roadway
widening must occur on property immediately adjacent to the
4
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Resolution No.2007-2
existing roadway. Without inclusion of the Property,the Project
could not be completed.
E. That the acquisition of a temporary construction easement of less
than 5 feet immediately adjacent and south of the Property, for a
period of 3 months during construction,to permit intermittent use
of the adjacent property for purposes of construction, is also
necessary to permit construction and completion of the Project.
E. That the City prepared and recorded an environmental impact
Notice of Exemption on November 4, 2005 regarding the Project.
F. That offers of just compensation pursuant to Government Code §
7267.2 have been made to all owners of record of the Property, or
their representatives, on or about November 15, 2005, that
reasonable diligence has been used to locate every interested
owner, that the City's offers of just compensation were based on
appraisals of the Property, and that the City's offers were for the
full appraised amount. City staff has had discussions with the
owners, or their representatives, subsequent to these offers, but
such discussions have not yet proved successful in securing the
necessary property interests outside of more formal proceedings.
G. That due to the failure of the owners of record to accept the City's
offers of just compensation, the Project cannot be completed
except by the City Council's power of eminent domain.
5
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Resolution No.2007-2
H. That the public interest and necessity require acquisition of the
Property and that such acquisition is necessary for the Project.
I. That the Property, acquisition of which is required for the public
interest and necessity, is situated in the City of Huntington Beach,
County of Orange, State of California.
Section 3: The City Council hereby declares its intent to acquire a fee simple absolute
interest, for the purpose of conducting roadway widening and related improvements, in and to the
Property in the City's name in accordance with the provisions of the laws of the State of
California. The City Council further declares its intent to acquire a temporary construction
easement of less than 5 feet immediately adjacent and south of the Property, for a period of 3
months during construction of the Project, to permit intermittent use of the adjacent property for
purposes of construction of the Project.
Section 4: The City Attorney is hereby authorized to commence an action in the
Superior Court of the State of California in and for the County of Orange, in the name and on
behalf of the City against those persons who appear as owner or owners of record or who are
known to have any claim or interest in the Property for the purpose of acquiring a fee simple
absolute interest in and to the Property by eminent domain for the public uses described herein,
to acquire a temporary construction easement of less than 5 feet immediately adjacent and south
of the Property for a period of 3 months during construction of the Project, and to make
application for possession of the Property prior to judgment, to do all things necessary to
prosecute the action to its final determination in accordance with the provisions of law applicable
thereto, and to take any appropriate action consistent with the purposes of this Resolution.
6
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Resolution No.2007-2
Section 5: The City staff is hereby authorized to take any appropriate action
consistent with the purposes of this Resolution, including but not limited to the withdrawal of
necessary sums to deposit with the Court as the probable amount of compensation that will be
awarded in the eminent domain proceedings to acquire the Property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of January , 2007.
REVIEWED AND APPROVED:
/��_ �.`r.r ter►s�7
M yor
� ( APPROVED AS TO FORM:
City Ad inistrator f
City Attorney 1Aw t o pfo
INITIATED AND APPRO ED:
Director of Public Works
7
6646
Resolution No.2007-2
EXHIBIT A
Resolution No.2007-2
Exhibit A
Legal Description
The Northerly 20.00 feet, of the Easterly 77.00 feet of Lot 3, of the Mountain
View Tract, located irrthe City of Huntington Beach, County of Orange, State of
California, in the Rancho Las Bolsas, as shown on the map filed in Book 7, page 1
of Miscellaneous Maps, in the Recorders Office of said County.
Excepting therefrom all right, title and interest in and to the mineral rights therein,
including all oil, gasoline or other hydrocarbon substances thereunder, with the
right to enter in and upon the premises at any time, drill for, extract and produce
said oil, gas and other hydrocarbon substances thereunder, as reserved in the deed
from W.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta Contreras,
husband and wife, for an undivided one-half interest in said land recorded June
26, 1944, in Book 1259, page 258 of Official Records of Orange County,
California and as reserved in the deed from Katherine Hendrickson McDonald,
formerly Katherine Hendrickson, to Pete Alvarez and Carmen O. Alvarez,
husband and wife, for and undivided one-half interest in said land, recorded
February 27, 1958 in Book 4210, page 222 of Official Records of said Orange
County.
Containing 1540.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
NANO
G.
v
DRAFT - 0
EXP. 12-31-07
Joseph G. Derleth
PLS 7340, expires 12/31/07 9 L.S. 7340
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
4
Resolution No.2007-2
EXHIBIT B
Resolution No.2007-2
Exhibit B
�CE GARFIELD AVENUE
EXISTING RIGHT OF WAY
NE COR LOT (30.00) I
2, PER O (EAST, 118.002 NE COR LOT
® 77.00' 1� 3, PER ( )
— — — — — 50.00'
50.00'
1 20.00'
77.00'
W
Z ►�`-
PROPOSED L �'
7802 GARFIELD Im1 715 L- N
RIGHT OF I APN 159-151-01 11- 1 � � d-
WA YOQ
7802 GARFIELD I I I IoI cc LC)
APN 159-151-031 7802 GARFIELD i Q
1 APN 159-151-02� EAST LINE LOT 3,--) Q C U \
1 50.00 I PER O cn, Q r,
I I I I ofLn
I I 77.00'
1 18.00' I o
j EAST LINE LOT
2, PER O I I
_ I ( cl:
I o I C '
I
(LOT 12)I of
I (LOT 13) ICI 15 0 30
7802 GARFIELD
�I IN FEET
_—_____— I APN 159-151-01 I SCALE 1" = 30'
7802 GARFIELD
APN 159-151-02 I I y�0 LAND 3'G,P
SE COR LOT I SE COR LOT a
2, PER O 3, PER O
_ 3 EM 12-31-07 A
ACQUISTION AREA €TRACT 5642J s� Ls. 7.3
€357/44-46� 'TFOF ciol �
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
€ J=RECORD PER TRACT 5642, 357/44-46 M.M. _
NOTE: LOT B, SHOWN HEREON WAS CREATED PER TRACT 5642, BUT IS UNDEFINED
THEREON AS TO PURPOSE OF CREATION.
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01 +�
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
a
Resolution No.2007-2
EXHIBIT C
Resolution No.2007-2
Exhibit C
Legal Description
The North 20.00 feet, of the West 41.00 feet of Lot 3 and the North 20.00 feet, of
the East one-half of Lot 2, both of the Mountain View Tract, located in the City
of Huntington Beach, County of Orange, State of California, in the Rancho Las
Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps, in
the Recorders Office of said County.
Excepting therefrom the North 170.00 feet, of the West 50.00 of said East
one-half of said Lot 2.
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded June 26, 1944, in Book 1256, page 258 of Official
Records, of said County
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded February 27, 1958 in Book 4210, page 222 of
Official Records, of said County.
Containing 1000.0 square feet more or less. LAND
Exhibit "B" attached and by this reference made apart hereof.
0 0
EXP. 12-31-07
L.S. 7340
T�. OF
DRAFT
Joseph G. Derleth - _
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02 • act
CITY OF HUNTIN&ON BEACHLV
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT D
Resolution No.2007-2
Exhibit D
CL GARFIELD AVENUE
NE COR LOT NE COR LOT EXISTING RIGHT NE COR LOT
1, PER O 3 ' 2, PER O OF WAY 3, PER ( )
(EAST, 118.00') (EAST, 118.00)
S 9.00'
41.00,
50.00'
� I 4 1.00 - - - - - �
� (LOTI 2) I �00' 7802 GARFIELD
PROPOSED APN 159-151-01
02 GARFIELD I159-1151-03 1 WAY RIGHT OF
APN I-----EAST LINE, OF I
I 7782 GARFIELD I 7802 GARFIELD I THE WEST 41.00;OF LOT 3
APN 159-151-16 I I APN 159-151-02 EAST LINE LOT 3,--1
EAST LINE LOT 2, --I PER ( )
PER ( ) 59.00' ----41.00'-----i (L 0-� 3)
I I .00' I I
� I
�---WEST LINE EAST I
I I /2 LOT 2 I o
o
15 0 30
. I
oI 2 ( o
I (LOT I ) 1N FEETSOU774 LINE, I
; I SCALE I" = 30'
NORTH 170.00
OF THE EAST%2,
OF LOT 2 I JEP RR LOT
SE COR LOT I (LOT 3) I E ( )
1, PER ( ) - - SE COR LOT �� IA ND SG
7802 GARFIELD
APN 159-151-02 2, PER ( ) aC2
(EAST, 118.00) (EAST, 118.00) _j EXP. 12-31-07
ACQUISTION AREA ��q LS. 7340
( )=RECORD PER THE MOUNTAIN VIEW -TRACT, 7/1 M.M. rFOF
Plat for Right-of-Way Acquisitiorr
7802 Garfield Avenue -: APN 159-151-02 +�
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT E
Rai
Exhibit E
Legal Description
The Northerly 20.00 feet, of the North 170.00 feet, of the West 50.00 of the east
one-half of Lot 2, of the Mountain Vidw Tract, located in the City of Huntington
Beach, County of Orange, State of California, in the Rancho Las Bolsas, as shown
on the map filed in Book 7, page 1 of Miscellaneous Maps, in the Recorders
Office of said County.
Containing 1000.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
\,ANp
�C-2
V
_ o v
- EXP. 12-31-07
P,q L.S. 7340
Joseph G. Derleth rF OF CAL\F
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-03 '�� iff
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
e
Resolution No.2007-2
EXHIBIT F
Resolution No.2007-2
Exhibit F
/- GARFIELD AVENUE
NE COR LOT EXISTING RIGHT
1, PER ( ) 5 ' OF WAY NE COR LOT
3 ( )
(EAST, 118.00)� 2, PER
50.00'
10.00'
20 00'� 00'
— �- - - - - -+- - - - - - - - -
�PROPOSED 1
(LOT 2) RIGHT OF
� WA
0 7782 GARFIELD WAY 7802 GARFIELD APN 159-151-16 7802 GARFIELD I APN 159-151-02
APN 159-151-03 1
0 59.00'---I .00,
0 0.00' f -EAST LINE LOT 2,
I I PER ( )
WEST LINE EAST--1 (LOT 3)
I 112 LOT 2
1 Q,
EAST LINE LOT 1, 7802 GARFIELD o
PER O i APN 159-151-03 1
r �
15 0 30
(LOT 12)I
SOUTH LINE, I IN FEET
1 NORTH 170.00;
I� SCALE 1 LOT/2, PER ( ) = 30
LAND
(EAST, 118.00) SE CbR LOT EV. 12-3i-07 C
SE COR LOT 2, PER O
1, PER ( ) s�9f LS. 7340 ��
OF 0AL\EO
= ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7802 Garfield Avenue, : APN 159-151-03 �� C
CITY OF HUNTINGTON BEACH
166- DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT G
Resolution No.2007-2
Exhibit G .
Legal Description
The Northerly 20.00 feet of the North half of Lot 1 and the Northerly 20.00 feet
of the West 59.00 feet of Lot 2, both of the Mountain View Tract, located in the
City of Huntington Beach, County of Orange, State of California, in the Rancho
Las Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps,
in the Recorders Office of said County.
Excepting therefrom the West 88.50 feet, and the West 11.50 of East 29.50 feet of
said North half of said Lot 1.
Also excepting therefrom the South 150.00 feet, of said 59.00 feet of said Lot 2.
Also excepting therefrom all right, title and interest in and to the mineral rights
therein, including all oil, gasoline or other hydrocarbon substances thereunder,
with the right to enter in and upon the premises at any time, drill for, extract and
produce said oil, gas and other hydrocarbon substances thereunder, as reserved in
the deed from A.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta.
Contreras, husband and wife, for an undivided one-half interest in said land
recorded June 26, 1944, in Book 1259, page 258 of Official Records of Orange
County, California and as reserved in the deed from Katherine Hendrickson
McDonald, formerly Katherine Hendrickson, to Pete Alvarez and'Carmen O.
Alvarez, husband and wife, for and undivided one-half interest in said land,
recorded February 27, 1958 in Book 4210, page 222 of Official Records of said
Orange County.
ID LAND S;
Containing 1540.0 square feet more or less. C., G.
oF��
Exhibit "B" attached and by this reference made a part hereof. J EXP. 12-31-07
L.S. 7340
lF OF CpL�F��
DRAFT
Joseph G. Derleth
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16 it
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Resolution No.2007-2
EXHIBIT H
Exhibit H G� �SELD AVEN olution No.2007-2
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NW COR LOT NE COR LOT EXISTING RIGHT NE COR LOT
1, PER ( ) 3 1, PER ( ) OF WA Y 2, PER ( )
(EAST, 118.00) (EAST, 118.00)
11.50'
88.50' 18.00' ,59.00' 59.00'
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1.50' I PROPOSED
19002 DELAWARE 29 50'--1 RIGHT OF WAY
APN 159-151-15 � I I
I I 7782 GARFIELD I 7802 GARFIELD I
EAST LINE OF THE-- APN 159-151-16 APN 159-151-03
I WEST 88.50' OF I 77.00'
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112, LOT 1 I NORTH LINE, SOUTH
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(EAST, 118.00') (EAST, 118.00
SE COR LOT — — SE COR LOT
SW COR L 0 T 1, PER ( ) 1, PER ( ) 2, PER ( )
ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS +
Resolution No.2007-2
EXHIBIT I
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REAL PROPERTY AQUISITION
20 FOOT RIGHT-OF-WAY AT 7782 AND 7802 GARFIELD AVE.
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS 1 of 1
Res. No. 2007-2
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified 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 at least a majority of all the members of said City Council
at an regular meeting thereof held on the 16th day of January, 2007 by the
following vote:
AYES: Carchio, Cook, Green, Hansen, Hardy
NOES: Bohr, Coerper
ABSENT: None
ABSTAIN: None
Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT 2
o�,�pxTI�NG,QyBF OFFICE OF
ry "s CITY ATTORNEY
P.O.Box 190 Paul D'Alessandro,Assistant City Attomey
NTY� 2000 Main Street Scott Field,Assistant City Attomey
Huntington Beach California 92648 Neal Moore,Sr.Deputy City Attorney
g John Fujii,Deputy City Attorney
Jennifer McGrath Telephone: (714)536-5555 Teresa Judd,Deputy City Attorney
City Attorney Facsimile: (714)374-1590 Leonie Mulvihill,Deputy City Attorney
Sarah Sutton,Deputy City Attorney
Mike Vigliotta,Deputy City Attorney
November 15, 2006
Michael M. Leifer
Palmieri Tyler Wiener Wilhelm& Waldron, LLP
2603 Main Street
East Tower, Suite 1300
Irvine, CA 92614-6228
Re: Assessor's Parcel No. 159-151-01
(7802 Garfield Ave..Huntington Beach,California)
Dear Mr. Leifer:
The staff of the City of Huntington Beach is proposing to recommend to the City
Council the acquisition of 20 feet of right-of-way from the above Parcel for the widening
of Garfield Avenue. The street will be widened to permit four travel lanes, a median, on-
street parking, bicycle lanes and curb, gutter and sidewalk.
We understand that your clients, Fidencio Alvarez and Vivian O. Alvarez, are the
owners of the property located at 7802 Garfield, identified by the County Assessor as
Parcel No. 159-151-01. The property is within the street widening area; a legal
description and plat map of the portion of the above Parcel under consideration for
acquisition are attached to the enclosed Offer to Purchase.
While staff proposes to recommend the acquisition of the described property to
the City Council of the City of Huntington Beach for this project, no decision to acquire
can be made until the City Council formally acts to approve this acquisition. Nothing in
this letter is meant to pre-commit the City Council or otherwise limit the options
available to the City Council. Consequently the enclosed Offer, if accepted, and the
acquisition of the described property are conditional upon and require the approval of the
City Council. "
It is our sincere desire that the described property can be acquired amicably,
expeditiously, and by negotiation, with the approval of City Council. To this end,
Michael M. Leifer
Re: Assessor's Parcel No. 159-151-01
November 15, 2006
Page 2
California Government Code §7267.2(a)provides that prior to initiating negotiations for
the acquisition of real property that the City of Huntington Beach shall:
• Make an offer to the Owner of record to acquire the property for the full
amount that the public entity has established as just compensation;
• Which offer is not less than the public entity's appraisal of the fair market
value of the property; and
• Provide the Owner with a written statement of, and summary of the basis
for, the amount the City of Huntington Beach established as just
compensation.
As you will note from the enclosed Offer to Purchase and Valuation and
Appraisal Summary Statement, the City of Huntington Beach is offering an amount that
is greater than the amount that it believes would constitute just compensation if the entire
20 feet of property to be acquired was lawfully subject dedication in connection with the
construction undertaken pursuant to the building permit issued in 2001. The City does
this in an effort to acquire the property by negotiated agreement and to avoid litigation,
and it should not be deemed an admission of value. As such, in the event the property
cannot be acquired by negotiated agreement and the City should elect to proceed by way
of an action in eminent domain,the City will assert that the entire 20 feet of property was
lawfully subject to dedication.
Also enclosed herewith is a proposed Contract of Acquisition which your clients
will be asked to sign if they accept the City's Offer.
After you have had an opportunity to review the City's offer with your clients, I
will be contacting you to discuss the matter. Should you have any questions, or wish to
discuss the matter before you hear from me,do not hesitate to call.
Very truly yours,
?:Neal Moore
Sr. Deputy City Attorney
NM:cl
5799
Offer to Purchase
(APN 159-151-01)
(Govt. Code Sections 7267.1 and 7267(a))
The City of Huntington Beach is proposing to widen and upgrade Garfield Avenue. This
project will necessitate acquiring an additional 20 feet of right-of way along the southern side of
Garfield Avenue. Attached hereto as Exhibits A and B are the Legal Description and Plat map
for Right-of-Way Acquisition of the property(herein after called the "Parcel")that the City
proposes acquiring for this project. A review of the Orange County Public Records reveals that
title to said Parcel is vested in Fidencio and Vivian O. Alvarez.
The City of Huntington Beach proposes to acquire for the project all rights in the Parcel
in fee simple interest.
The City of Huntington Beach anticipates that the construction of the public
improvements along Garfield and within the Parcel may necessitate intermittent use of the
property immediately adjacent and south of said Parcel. For this purpose,the City proposes
acquiring a temporary construction easement of less than five(5)feet of property immediately
adjacent and south of said Parcel for a period of three(3)months during construction.
The City of Huntington Beach offers to pay the sum of$87,290.00 for the acquisition of
said Parcel, and improvements thereon,an amount that the City believes is greater than what
would constitute just compensation under applicable legal authorities. This offer is made with
the express notation that, if it is not accepted and the property cannot be acquired by negotiated
agreement, and should the City elect to proceed by way of an action in eminent domain, this
offer shall not be considered or deemed an admission of what constitutes just compensation
under applicable legal authorities.
The City of Huntington Beach also offers to pay the sum of$820.05 for the above-
described temporary construction easement, an amount that the City believes constitutes just
compensation.
This offer is conditional upon the Huntington Beach City Council ratifying the offer by
formal action taken at a regular public meeting authorizing the execution of a Contract of
Acquisition or adopting a Resolution of Necessity,or both.
When property is sold to the City of Huntington Beach,there is the same obligation as in
a private transaction for the Owner to pay in escrow the amounts needed to remove any existing
liens and encumbrances. In the event that you decide to accept the offer, it is recommended that
you contact directly the persons, if any,to whom you may be making payments under trust deeds
or other liens, and reach an agreement with them as to the amount of money they will demand, if
any,in escrow to clear the property being acquired of these liens and encumbrances. In the event
that there are liens and encumbrances,the Owner shall either:
1
(1) Pay to Owners of liens and encumbrances, out of the approved compensation paid
by the City of Huntington Beach,the amount needed to terminate leases or cancel
trust deeds, mortgages, or other liens affecting the property acquired, or
(2) Arrange for holders of leases, trust deeds,mortgages, or other liens to quitclaim
their interest, if any,to the Parcel being acquired.
Similarly, when an Owner sells his/her property to the City of Huntington Beach, the
Owner's obligation to pay current and past due property taxes is the same as if the Owner were
selling to a private individual.
However, you, as an Owner,will not be required to pay recording fees,transfer taxes, or
the pro rata portion of real property taxes which are allocable to any period after the passage of
title or possession to the City of Huntington Beach.
If you have any questions in regard to this offer,please contact Neal Moore at(714) 375-
8452.
2
Exhibit A
Legal Description
The Northerly 20.00 feet, of the Easterly 77.00 feet of Lot 3, of the Mountain
View Tract, located in the City of Huntington Beach, County of Orange, State of
California, in the Rancho Las Bolsas, as shown on the map filed in Book 7, page 1
of Miscellaneous Maps, in the Recorders Office of said County.
Excepting therefrom all right, title and interest in and to the mineral rights therein,
including all oil, gasoline or other hydrocarbon substances thereunder, with the
right to enter in and upon the premises at any time, drill for, extract and produce
said oil, gas and other hydrocarbon substances thereunder, as reserved in the deed
from W.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta Contreras,
husband and wife, for an undivided one-half interest in said land recorded June
26, 1944, in Book 1259, page 258 of Official Records of Orange County,
California and as reserved in the deed from Katherine Hendrickson McDonald,
formerly Katherine Hendrickson, to Pete Alvarez and Carmen O. Alvarez,
husband and wife, for and undivided one-half interest in said land, recorded
February 27, 1958 in Book 4210, page 222 of Official Records of said Orange
County.
Containing 1540.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
SAND S
5� 0 Flip
DRAFT
EXP. 12-31-07
Joseph G. Derleth
PLS 7340, expires 12/31/07 s,
q L.S. 7340 �
TF Or CA1-\F��
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01 Id0
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit B
/-�L' GARFIELD AVENUE
EXISTING RIGHT OF WAY I I
NE COR LOT (30.00) I
2, PER ( ) (EAST, 118.00) NE COR LOT
•� 3, PER ( )
77.00'
— — — — — — 50.00'
50.00,
20.00'
9.00 77.00'
II PROP � .
RIGH�OFO 7802 GARFIELD
j I I APN 159-151-01
WAY I o I o d-
QO
7802 GARFIELD I I I ICI
APN 159-151-031 7802 GARFIELD i Q
1 APN 159-151-02 �
EAST LINE LOT 3,--i U
50.00' PER ( ) cn ,�
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ry L
1 18.00' I o
j I EAST LINE LOT I
12, PER ( )
0
(LOT 12)I o I Io
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(LOT I3) 15 0 30
L I``�
I o
1 �I IN FEET
I ? I 7802 GARFIELD
_-----_J I APN 159-151-01 I SCALE 1" = 30'
7802 GARFIELD
APN 159-151-02 %,AND sG�`
SE COR LOT I SE COR LOT y
2, PER ( ) 3, PER ( )
_ EXP. 12-31-07 z
€TRACT 5642 *
ACQUISTION AREA €357/44-46 �'y� LS. 7340
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. F pF CA��FO
€ J=RECORD PER TRACT 5642, 357/44-46 M.M.
NOTE: LOT B, SHOWN HERCON WAS CREATED PER TRACT 5642, BUT IS UNDEFINED
THEREON AS TO PURPOSE OF CREATION.
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01 ��� >>f
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Summary Statement Accompanying Government Code § 7267.2(a)
Offer Relating to Acquisition Procedures for Purchase
of Real Property At 7802 Garfield Avenue,Huntington Beach,
California,APN: 159-151-01 (Fidencio and Vivian Alvarez)
The California Relocation Assistance and Real Property Acquisition Guidelines provide that
each Owner from whom the City of Huntington Beach purchases real property or an interest
therein, or each tenant owning improvements on said property, be provided the following
information which may or may not be applicable to your property and this proposed acquisition.
1) You are entitled to receive full payment prior to vacating the real property being
purchased unless you have heretofore waived such entitlement. You are not required to
pay recording fees,transfer taxes, or the pro rata portion of real property taxes which are
allocable to any period subsequent to the passage of title or possession.
2) The City of Huntington Beach will offer to purchase any remnant considered by the City
of Huntington Beach to be an uneconomic unit which is owned by you or, if applicable,
occupied by you as a tenant and which is contiguous to the land being conveyed.
3) All buildings, structures, and other improvements affixed to the land described in the
referenced documents covering this transaction and owned by the grantors herein or, if
applicable, owned by you as a tenant are being conveyed unless other disposition of these
improvements has been made. The interests to be acquired are a fee simple absolute and
a temporary construction easement. The fee simple parcel being purchased comprises
1,540 square feet and is described in the attached legal description and outlined on the
attached map. The temporary construction easement is a 77 feet by less than 5 feet strip
immediately south of the Parcel.
4) The amount determined to be just compensation was determined upon consideration of
the applicable legal principles and after consideration of an appraisal of the fair market
value of the Parcel. The basis for the amount determined to be just compensation is
summarized on the attached Valuation and Appraisal Summary Statement. Such amount:
a. Exceeds the full amount that the City of Huntington Beach believes to be just
compensation;
b. Is no less than the full amount of the City's'approved appraisal of fair market
value for the property to be purchased;
c. Disregards any decrease or increase in the fair market value of the real property
proposed to be acquired prior to the date of valuation caused by the public
improvement for which the property is to be acquired or the likelihood that the
property would be acquired for such public improvement, other than due to
physical deterioration within the reasonable control of the Owner or occupant;
and
1
06-58/5539
APN: 159-151-01(Fidencio and Vivian Alvarez)
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the Owner is entitled to receive under an
agreement with the City of Huntington Beach.
If you ultimately elect to reject the offer of the City of Huntington Beach for your property, you
are entitled to have the amount of compensation determined by a court of law in accordance with
the laws of the State of California.
Dated: ll 13 it 6 �,
Steve oltz
Real Property Manager
2
06-58/5541
APN: 159-151-16(Contreras Trust)
Valuation and Appraisal Summary Statement
For 7802 Garfield Avenue,Huntington Beach, California,
APN: 159-151-01 (Fidencio and Vivian Alvarez)
Government Code§ 7267.2
The following is a summary of the analysis and basis for the amount that the City of Huntington
Beach believes to be just compensation, which amount was derived from an appraisal as
approved by the City of Huntington Beach, in conjunction with consideration of applicable
principles of law. A statement of the appraisal process and applicable principles of law, which
form the basis for the valuation conclusions and offer to purchase is as follows:
Property Data
Date of Valuation Used: August 18, 2006
Project: Garfield Street Widening
APN: 159-151-01
Record Owner: Fidencio Alvarez and Vivian O. Alvarez, Trustees of the Revocable Living
Trust of Fidencio Alvarez and Vivian O. Alvarez
Address/location: 7802 Garfield Avenue, Huntington Beach, California
Property to be acquired: Fee Simple and Temporary Construction Easement
The proposed acquisition is part of an entire ownership.
The area of the entire lot is 21,560 square feet. The area of the fee simple parcel proposed to be
acquired is the northerly 20 feet adjacent to Garfield Avenue, comprising 1,540 sq. ft. The area
of the temporary construction easement is less than 385 sq. ft., and is a less than 5 foot strip lying
south of the fee simple parcel.
Improvements to the entire parcel include a single family home of 3,707 sq. ft. of living area,
garage, deck&patio. The improvements to the property to be acquired are asphalt pavement,
dirt,plants and a palm tree.
Topography: Flat Shane: Rectangular
Access: Garfield and Safeharbor Lane (Private)
Environmental_Conditions: The valuation is premised on the assumption that the property is
free and clear of contamination
3
06-58/5539
APN: 159-151-01(Fidencio and Vivian Alvarez)
Highest and Best Use Analysis
Highest and best use is defined as the reasonably probable and legal use of land which is legally
permissible, physically possible,and financially feasible that results in the highest value.
Highest and best use analysis is used in the appraisal process to identify comparable properties
and, where applicable, to determine whether the existing improvements should be retained,
renovated, or demolished. The results of the highest and best use analysis are:
Zoning: RM (Medium Density Residential)
Present Use: Single Family Residence
Highest and Best Use of Property to be acquired:
If subject to dedication: Unbuildable Open Space
If not subject to dedication: Medium Density Residential (Up to 7 units)
Valuation Analysis:
The sales comparison approach was used as the best indication of market value. The sales
comparison approach is one of the three accepted approaches to value. The income
capitalization approach and the cost approach were not considered to be applicable to this
appraisal problem.
The sales comparison approach is used to derive a value indication by comparing the property
being appraised to similar properties that have sold recently, applying appropriate units of
comparison, and making adjustments to the comparables based on the elements of comparison.
This is the preferred method of valuation when comparable sales data are available. The sales
comparison approach was based on the consideration of comparable sales which sold within a
reasonable time of the date of valuation.
To determine the value of the property to be acquired, if not subject to dedication, only
unimproved properties with similar zoning which sold with a reasonable time of the date of
valuation were considered. The parcels believed to be most similar in physical and locational
characteristics ranged from 43,692 sq. ft. with a potential for 13 units,to 7,590 sq. ft. with a
potential for two units. The prices, adjusted according to location and to account for market
changes since the time of their sale, ranged from$80.35 to $89.15 per sq. ft. of land. Based upon
its highest and best use, if not subject to dedication, as if vacant, as of August 18, 2006, the
appraiser believes the property has a value of$85 per square foot.
In addition, the parcel to be acquired is improved with vegetation and paving. The value of the
landscaping was determined by the appraiser to be $8,750 for the entire parcel.
It also is expected that a temporary construction easement of less than five feet of width will be
required during the three months of construction. The temporary easement is valued at 10% of
the fair market value of the property for each year of use. Three months is only 1/a of a year;
therefore, the value of the construction easement is $85/sq. ft. X 10%X 250/0=$2.13/sq. ft.
4
06-58/5539
APN: 159-151-01(Fidencio and Vivian Alvarez)
Huntington Beach Zoning Code Section 230.84(A) requires that"[p]rior to issuance of a building
permit ... all real property shall be dedicated . . . which the City requires for streets. . . ."
Section 230.84(B) exempts from said dedication requirement certain alterations or additions that
"do not exceed a third of the value of a building...." Section 230.84(C)then specifies the
dedication shall be according to the Department of Public Works"standard plans"or"a precise
plan of street, highway or alley alignment." The plans that Public Works follows are the General
Plan Circulation Element, specifically Figures CE-13 and CE-3. Figure CE-13 depicts Garfield
as a four lane primary street with a median, requiring a right-of-way of 100 feet,and Figure CE-
3 takes into account growth through 2010, and requires a six lane divided street of 120 feet. The
20 foot deep parcel to be acquired is for a 100 feet wide street.
In August, 2001,plans were submitted for issuance of a building permit at 7802 Garfield to
demolish existing 1972 SF 3 bedroom structure and rebuild the residence to include a 3707 SF 4
bedroom, 825 SF garage, 86 SF deck and 88 SF patio. The City notified the owners of the above
dedication requirements, and the owners acknowledged and agreed to dedicate land"necessary
for future street widening and sidewalk improvements"prior to obtaining a final building
inspection. However, the owners never requested a final inspection, and the dedication was
never effected.
Under existing legal authorities, in order for the dedication to be lawful, it must have some
reasonable connection or"nexus"to the particular development to be undertaken. In this
instance, the 20 feet of property to be acquired, and sought for dedication, includes 12 feet for
additional roadway and 8 feet for curb, gutter, and sidewalk.
While the City of Huntington Beach believes that the entire 20 feet of property to be acquired is,
and was at the time of the referenced building permit and development, subject to lawful
dedication, it does recognize that this issue, at least for some portion of said property,may be
subject to some uncertainty under the applicable legal authorities. If all 20 feet of property was
subject to dedication in connection with the construction undertaken pursuant to the building
permit issued in 2001,just compensation for the land acquired would be zero. If only the 8 feet
for curb, gutter and sidewalk was subject to dedication,just compensation would be $85/sq.ft for
the remaining 12 feet of the land acquired.
In recognition of said legal uncertainty, and in the interest of acquiring the property by
negotiated agreement without the necessity of litigation, the City of Huntington Beach is offering
to acquire said property for an amount that is greater than what it believes constitutes just
compensation. Specifically,the City is offering to acquire said property as if only the 8 feet for
curb, gutter and sidewalk were subject to lawful dedication. Based thereupon, the City's offer to
purchase is calculated as follows:
5
06-58/5539
APN: 159-151-0I(Fidencio and Vivian Alvarez)
Valuation Conclusions and Offer to Purchase:
Land taken:
For the 12 feet acquired for additional roadway
(77 ft x 12 ft= 924 sq.ft. @ $85/sq.ft=$78,540) $78,540
For the 8 feet acquired for curb, gutter& sidewalk $ -0 -
Improvements:
Asphaltic concrete paving, dirt, assorted shrubs and palm tree $ 8,750
Temporary Construction Easement:
77 ft x 5 ft= 385 sq.ft. for 3 months @ $2.13/sq.ft $820.05
Total: $88,110.05
This offer is made without prejudice and with the express notation that, if the property cannot be
acquired by negotiated agreement and should the City elect to proceed by way of an action in
eminent domain, the City of Huntington Beach will assert,based upon its understanding and
interpretation of applicable legal authorities,that the entire 20 feet of property to be acquired is
subject to lawful dedication, and should thus be valued at zero.
Severance Damages:
In addition, in establishing the amount believed to be just compensation,the City of Huntington
Beach derived from said appraisal whether or not there were damages and benefits to the
remaining property. The basis for this determination is whether or not the remainder had been
diminished in value by reason of the acquisition of the Parcel being acquired and the
construction of the improvement in the manner proposed(severance damage and, if so, whether
the same remainder had been increased in value by reason of the construction of the
improvement in the manner proposed(benefits). If there are no severance damages,then
whether there is a benefit is inapplicable since benefits can only be offset against severance
damages by reason of California valuation law.
In this case,there are no severance damages,principally because the same intensity of
development can be accommodated on the entire parcel regardless of whether it is reduced by the
amount of the take or not.
Cal. Admin. Code,Title 25, Section 6182(f) Notification:
You are further advised that in addition to the information already provided in this Summary,
California Code of Regulations, Title 25, Div. 1, §6182(f) provides that after receiving the public
entity's offer, the Owner may request and the public entity shall provide:
1) The identification of some of the market transactions (e.g. sales, contracts to sell
and purchase, leases to the extent that the determination of just compensation was
based thereon)together with the names and addresses, if known, of the parties to
6
06-58/5539
APN: 159-151-0I(Fidencio and Vivian Alvarez)
the transaction, the location of the property subject to the transaction,the date of
the transaction, and the price and other significant terms and circumstances of the
transaction, if known.
Said information will be provided upon written request of the Owner made prior to the
commencement of any eminent domain proceeding.
7
06-58/5539
APN: 159-15 1-01(Fidencio and Vivian Alvarez)
Contract of Acquisition
(APN 159-151-01)
Government Code §§7267.1 and 7267.2(a)
Acquisition of Property by Negotiation
Fidencio Alvarez and Vivian O. Alvarez(hereinafter referred to as Grantors)will
conditionally deliver an executed Grant Deed conveying the property described and
depicted in the attached Exhibits A& B (hereinafter referred to as the Parcel)to the City
of Huntington Beach(hereinafter referred to as Grantee).
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1.
A. Grantee requires the Parcel, a property not now appropriated to a public use, for
the construction of a public improvement described as the widening and
improvement of Garfield Avenue, a public use.
B. Because Grantee may exercise the power of eminent domain to acquire, Grantors
are compelled to sell; and because Grantee requires the property for the described
public use, Grantee is compelled to buy. As such, the acquisition of the Parcel is
an involuntary conversion of the Parcel from private to public use.
C. Both Grantors and Grantee recognize the expense, time, effort, and risk to both
Grantors and Grantee in resolving a dispute over compensation for the Parcel by
eminent domain litigation; and the compensation set forth herein is in
compromise and settlement, in lieu of such litigation.
D. The parties have herein set forth the whole of their agreement. The performance
of this agreement constitutes the entire consideration for said Grant Deed and
shall relieve Grantee of all further obligation or claims of whatever kind or nature
on this account, or on account of the construction of the proposed public
improvement in the manner proposed, including, but not limited to, claims arising
out of its location, grade, or restriction of private access rights. Grantors
acknowledge that Grantee has informed Grantors as to the plans for the
construction of the proposed public improvement in the manner proposed.
2. Grantee shall:
A. Open an escrow and provide escrow instructions to the escrow holder to
carry out the terms of this Agreement. Grantee shall pay all escrow and
recording fees incurred in this transaction. Grantee shall deposit said
conditionally delivered Grant Deed together with the sum provided in
Paragraph 2.B. into the escrow. The escrow holder shall be authorized
and Grantors shall be entitled to the disbursement of the sum deposited in
said escrow less any amounts payable to any other person having an
interest in the Parcel when the Parcel is free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. or when Grantee otherwise consents to title
vesting Grantee. Grantors shall not be entitled to receive any of said net
payment and the escrow holder shall not be authorized to disburse said
proceeds until:
1) All holders of liens and encumbrances on the Parcel have received
full payment for all principal and interest due to them or have
consented to payment to the Grantors and have executed
reconveyance of their interest in the Parcel;
2) All other parties having interest in have received payment
therefore or have consented to a payment to Grantors; and
3) The City of Huntington Beach has acknowledged in writing that it
concurs that all other parties having interest in the Parcel have
received full payment or have consented to disbursement to
Grantors.
The escrow holder shall be authorized to deliver unconditionally said
Grant Deed to Grantee either when the Parcel is free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. herein or when Grantee otherwise consents
to title vesting Grantee.
The escrow shall remain open until either a) all of the conditions of said
escrow have been met, or b) in the event that a dispute arises during the
course of the escrow,then until either a settlement has been reached or this
agreement is terminated or a final order of condemnation under §1268.030
of the California Code of Civil Procedure is entered by the Court. Any
sum disbursed to Grantors from this escrow shall be deducted from the
ultimate amount received by Grantors as a result of any settlement, award,
or verdict of just compensation for the Parcel
B. Pay the undersigned Grantors the sum of$88,110.05 for the property or
interest conveyed by.said Grant Deed when title to said property vests in
the City of Huntington Beach free and clear of all liens, encumbrances,
assessments, easements and leases (recorded and/or unrecorded), and
taxes, except:
1) Taxes for the tax year in which the escrow closes shall be cleared
and paid in the manner required by §5086 of the Revenue and
Taxation Code, if unpaid at the close of escrow.
2) Covenants, conditions, restrictions and reservations of record, or
contained in said Grant Deed.
3) Easements or rights of way over said land for public or quasi-
public street purposes, if any.
C. Pay all escrow and recording fees incurred in this transaction, and, if title
insurance is desired by Grantee, the premium charged therefore. Said
escrow and recording charges shall not, however, include documentary
transfer tax.
D. Have the authority to instruct the escrow holder to deduct and pay from
the amount shown in Paragraph 2.B. above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the
year in which this escrow closes,together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which
have become a lien at the close of escrow.
E. Shall have the irrevocable right to take possession of the Parcel five (5)
days after the deposit of the sum provided in Paragraph 2.B. into escrow.
3. While Grantors and Grantee anticipate that escrow will close as provided herein,
in the event that a dispute arises during the course of said escrow between Grantors,
Grantee and/or the escrow holder, or between Grantors and any third-party claimant to
any or all of the proceeds of said escrow, and it becomes necessary for Grantee to file a
condemnation action then:
A. Grantee shall remain in possession and the compensation provided for in
this agreement shall draw interest as prescribed at the apportionment rate
calculated by the Controller as the rate of earning by the Surplus Money
Investment Fund for each six-month period. Grantors shall be entitled to
receive interest on the sum received as compensation pursuant to this
agreement for Grantors' interest in the Parcel beginning at the date of
possession provided for in Paragraph 2.E. herein.
B. Grantors waive all claims and defenses challenging Grantee's right to
acquire the Parcel by eminent domain in the event that Grantee files any
subsequent eminent domain proceeding, and agrees that the City of
Huntington Beach has the right to acquire the Parcel by eminent domain
and that the public interest and necessity require the project;the project is
planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; the Property is necessary
for the project; and an offer in an amount no less than the full amount of
the City of Huntington Beach's approved appraisal was made to Grantors.
Grantors agree that the total amount of compensation that shall be
awarded is the sum provided in Paragraph 2 plus interest as provided in
Paragraph 3.A. herein.
IN WITNESS WHEREOF, the Parties have executed this agreement on
at , State of California.
Grantor
Fidencio Alvarez
Grantor
Vivian O. Alvarez
Grantee, City of Huntington Beach
By
Its duly authorized representative
Postal
(DomesticCERTIFIED MAIG, RECEIPT
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a ■ Print yWr'riarne`d i he reverse X �O dressf
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D. Is delivery address different from item 1? ❑ S
1. Artic[ A to:�. �r0° If YES,enter delivery address below: ❑No
Michae'1 . Leifer
Palmieri TAt,ir, Wie &lm&
Waldron, LLP
2603 Main St, East Tower, Ste 1300 3. Service Type
Certified Mail (3 Express Mail
Irvine, CA 92614-6228 Registered ❑Return Receipt for Me I.,
0 Insured Mail ❑C.O.D.
4. Restricted Delivery?F-Kba Fee) ❑yes"N
2. Article Number 7003 3110 0000 1859 6741
(Transfer from seMce label) 4
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15
ATTACHMENT 3
�px ING OFFICE OF
"y CITY ATTORNEY
P.O.Box 190 Paul D'Alessandro,Assistant City Attorney
f�QUNTY Scott Field,Assistant City Attorney
2000 Main Street Neal Moore,Sr.Deputy City Attorney
Huntington Beach,California 92648 John Fujii,Deputy City Attorney
Jennifer McGrath Telephone: (714)536-5555 Teresa Judd,Deputy City Attorney
City Attorney Facsimile: (714)374-1590 Leonie Mulvihill,Deputy City Attorney
Sarah Sutton,Deputy City Attorney
Mike Vighotta,Deputy City Attorney
November 15, 2006
Michael M. Leifer
Palmieri Tyler Wiener Wilhelm& Waldron, LLP
2603 Main Street
East Tower, Suite 1300
Irvine, CA 92614-6228
Re: Assessor's Parcel No. 159-151-02
(7802 Garfield Ave..Huntington Beach, California)
Dear Mr. Leifer:
The staff of the City of Huntington Beach is proposing to recommend to the City
Council the acquisition of 20 feet of right-of-way from the above Parcel for the widening
of Garfield Avenue. The street will be widened to permit four travel lanes, a median, on-
street parking, bicycle lanes and curb, gutter and sidewalk.
We understand from a title search that your client, Constance M. Alvarez, is the
owner of the property located at 7802 Garfield, identified by the County Assessor as
Parcel No. 159-151-02. The property is within the street widening area; a legal
description and plat map of the portion of the above Parcel under consideration for
acquisition are attached to the enclosed Offer to Purchase.
While Staff proposes to recommend the acquisition of the described property to
the City Council of the City of Huntington Beach for this project,no decision to acquire
can be made until the City Council formally acts to approve this acquisition. Nothing in
this letter is meant to pre-commit the City Council or otherwise limit the options
available to the City Council. Consequently the enclosed Offer, if accepted, and the
acquisition of the described property are conditional upon and require the approval of the
City Council.
It is our sincere desire that the described property can be acquired amicably,
expeditiously, and by negotiation,with the approval of City Council. To this end,
Michael M. Leifer
Re: Assessor's Parcel No. 159-151-02
November 15, 2006
Page 2
California Government Code §7267.2(a)provides that prior to initiating negotiations for
the acquisition of real property that the City of Huntington Beach shall:
• Make an offer to the Owner of record to acquire the property for the full
amount that the public entity has established as just compensation;
• Which offer is not less than the public entity's appraisal of the fair market
value of the property; and
• Provide the Owner with a written statement of, and summary of the basis
for, the amount the City of Huntington Beach established as just
compensation.
As you will note from the enclosed Offer to Purchase and Valuation and
Appraisal Summary Statement,the City of Huntington Beach is offering an amount that
is greater than the amount that it believes would constitute just compensation if the entire
20 feet of property to be acquired is lawfully subject dedication. The City does this in an
effort to acquire the property by negotiated agreement and to avoid litigation, and it
should not be deemed an admission of value. As such, in the event the property cannot
be acquired by negotiated agreement and the City should elect to proceed by way of an
action in eminent domain, the City will assert that the entire 20 feet of property is
lawfully subject to dedication.
Also enclosed herewith is a proposed Contract of Acquisition which your client
will be asked to sign if she accepts the City's Offer.
After you have had an opportunity to review the City's offer with your client, I
will be contacting you to discuss the matter. Should you have any questions, or wish to
discuss the matter before you hear from me, do not hesitate to call.
Very truly yours,
Neal Moore
Sr. Deputy City Attorney
NM:cl
5800
Offer to Purchase
(APN 159-151-02)
(Govt. Code Sections 7267.1 and 7267(a))
The City of Huntington Beach is proposing to widen and upgrade Garfield Avenue. This
project will necessitate acquiring an additional 20 feet of right-of way along the southern side of
Garfield Avenue. Attached hereto as Exhibits A and B are the Legal Description and Plat map
for Right-of-Way Acquisition of the property(herein after called the "Parcel")that the City
proposes acquiring for this project. A review of the Orange County Public Records reveals that
title to said Parcel is vested in Constance M. Alvarez.
The City of Huntington Beach proposes to acquire for the project all rights in the Parcel
in fee simple interest.
The City of Huntington Beach anticipates that the construction of the public
improvements along Garfield and within the Parcel may necessitate intermittent use of the
property immediately adjacent and south of said Parcel. For this purpose,the City proposes
acquiring a temporary construction easement of less than five(5) feet of property immediately
adjacent and south of said Parcel for a period of three (3)months during construction.
The City of Huntington Beach offers to pay the sum of$54,600.00 for the acquisition of
said Parcel, and improvements thereon, an amount that the City believes is greater than what
would constitute just compensation under applicable legal authorities. This offer is made with
the express notation that, if it is not accepted and the property cannot be acquired by negotiated
agreement, and should the City elect to proceed by way of an action in eminent domain,this
offer shall not be considered or deemed an admission of what constitutes just compensation
under applicable legal authorities.
The City of Huntington Beach also offers to pay the sum of$532.50 for the above-
described temporary construction easement, an amount that the City believes constitutes just
compensation.
This offer is conditional upon the Huntington Beach City Council ratifying the offer by
formal action taken at a regular public meeting authorizing the execution of a Contract of
Acquisition or adopting a Resolution of Necessity, or both.
When property is sold to the City of Huntington Beach,there is the same obligation as in
a private transaction for the Owner to pay in escrow the amounts needed to remove any existing
liens and encumbrances. In the event that you decide to accept the offer, it is recommended that
you contact directly the persons, if any,to whom you may be making payments under trust deeds
or other liens, and reach an agreement with them as to the amount of money they will demand, if
any, in escrow to clear the property being acquired of these liens and encumbrances. In the event
that there are liens and encumbrances,the Owner shall either:
1
(1) Pay to Owners of liens and encumbrances, out of the approved compensation paid
by the City of Huntington Beach, the amount needed to terminate leases or cancel
trust deeds, mortgages, or other liens affecting the property acquired, or
(2) Arrange for holders of leases,trust deeds, mortgages, or other liens to quitclaim
their interest, if any,to the Parcel being acquired.
Similarly, when an Owner sells his/her property to the City of Huntington Beach,the
Owner's obligation to pay current and past due property taxes is the same as if the Owner were
selling to a private individual.
However, you, as an Owner, will not be required to pay recording fees,transfer taxes, or
the pro rata portion of real property taxes which are allocable to any period after the passage of
title or possession to the City of Huntington Beach.
If you have any questions in regard to this offer,please contact Neal Moore at(714) 375-
8452.
2
Exhibit A
Legal Description
The North 20.00 feet, of the West 41.00 feet of Lot 3 and the North 20.00 feet, of
the East one-half of Lot 2, both of the Mountain View Tract, located in the City
of Huntington Beach, County of Orange, State of California, in the Rancho Las
Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps, in
the Recorders Office of said County.
Excepting therefrom the North 170.00 feet, of the West 50.00 of said East
one-half of said Lot 2.
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded June 26, 1944, in Book 1256, page 258 of Official
Records, of said County
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded February 27, 1958 in Book 4210, page 222 of
Official Records, of said County.
Containing 1000.0 square feet more or less. A N o
rG
Exhibit "B" attached and by this reference made a part hereof. co��
_ o ao
.j > EXP. 12-31-07
1t it
L.S. 7340
lF OF
DRAFT
Joseph G. Derleth -
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02 'J• +kt
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit B
GARFIELD AVENUE
NE COR LOT NE COR LOT EXISTING RIGHT NE COR LOT
1, PER ( ) 3 ' 2, PER ( ) OF WA Y 3, PER ( )
(EAST, 118.00) (EAST, 118.00)
5 9.00,
41.00' _ - - _ - - -
- /20.00'
50.00'
9�00' 4 1.00 7802 GARFIELD
I (LOTI 2) PROPOSED APN 159-151-01
APN 80 GARFIELD
I RIGHT OF �—EAST LINE OF
WA Y I THE WEST'41.00;
7782 GARFIELD I 7802 GARFIELD OF LOT 3
APN 159-151-16 I APN 159-151-02
�I EAST LINE LOT 3,
EAST LINE LOT 2, —I
PER ( )
PER ( 59.00' 1.00' -I (LOT 3)
--WEST LINE EAST I _
/2 LOT 2 I o
of I I
� of
o I o
15 0 30 Z-
� I I
(LOT 12) I I IN FEET
SOUTH , 30
NORTH 170.00; I SCALE l =
OF 774E EAST %Z I SE COR LOT
OF LOT
SE COR LOT I (LOT 3) I 3, PER ( )
1, PER ( ) - - SE COR LOT �o LAND s6
7802 GARFIELD
APN 159-151-02 2, PER ( ) �C2
(EAST, 118.00) (EAST, 118.00) EXP. 12-31-07 a
ACQUISTION AREA Ls. 7340 �•�
)=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. grFOF Cp&\F �
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02 ��� +ff
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Summary Statement Accompanying Government Code § 7267.2(a)
Offer Relating to Acquisition Procedures for Purchase
of Real Property At 7802 Garfield Avenue,Huntington Beach,
California,APN: 159-151-02 (Constance M. Alvarez)
The California Relocation Assistance and Real Property Acquisition Guidelines provide that
each Owner from whom the City of Huntington Beach purchases real property or an interest
therein, or each tenant owning improvements on said property, be provided the following
information which may or may not be applicable toy our property and this proposed acquisition.
1) You are entitled to receive full payment prior to vacating the real property being
purchased unless you have heretofore waived such entitlement. You are not required to
pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are
allocable to any period subsequent to the passage of title or possession.
2) The City of Huntington Beach will offer to purchase any remnant considered by the City
of Huntington Beach to be an uneconomic unit which is owned by you or, if applicable,
occupied by you as a tenant and which is contiguous to the land being conveyed.
3) All buildings, structures, and other improvements affixed to the land described in the
referenced documents covering this transaction and owned by the grantors herein or,if
applicable, owned by you as a tenant are being conveyed unless other disposition of these
improvements has been made. The interests to be acquired are a fee simple absolute and
a temporary construction easement. The fee simple parcel being purchased comprises
1,000 square feet and is described in the attached legal description and outlined on the
attached map. The temporary construction easement is a 50 feet by less than 5 feet strip
immediately south of the Parcel.
4) The amount determined to be just compensation was determined after consideration of an
appraisal of the fair market value of the Parcel. The basis for the amount determined to
be just compensation is summarized on the attached Statement of the Amount Established
as Just Compensation and Appraisal Summary Statement. Such amount:
a. Exceeds the full amount that the City of Huntington Beach believes to be just
compensation;
b. Is no less than the full amount of the City's approved appraisal of fair market
value for the property to be purchased;
c. Disregards any decrease or increase in the fair market value of the real property
proposed to be acquired prior to the date of valuation caused by the public
improvement for which the property is to be acquired or the likelihood that the
property would be acquired for such public improvement, other than due to
physical deterioration within the reasonable control of the Owner or occupant;
and
1
06-58/5540
APN: 159-151-02(Constance M.Alvarez)
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the Owner is entitled to receive under an
agreement with the City of Huntington Beach.
If you ultimately elect to reject the offer of the City of Huntington Beach for your property, you
are entitled to have the amount of compensation determined by a court of law in accordance with
the laws of the State of California.
Dated: ti VQ_"r_
Steve Holtz
Real Property Manager
2
06-58/5542
APN: 159-151-03(Pete/Carmen Alvarez)
Valuation and Appraisal Summary Statement
For 7802 Garfield Avenue,Huntington Beach, California,
APN: 159-151-02 (Constance M. Alvarez)
Government Code§ 7267.2
The following is a summary of the analysis and basis for the amount that the City of Huntington
Beach believes to be just compensation,which amount was derived from an appraisal as
approved by the City of Huntington Beach, in conjunction with consideration of applicable
principles of law. A statement of the appraisal process and applicable principles of law, which
forms the basis for the valuation conclusions and offer to purchase, is as follows.
Propertv Data
Date of Valuation Used: May 17,2006
Project: Garfield Street Widening
APN: 159-151-02
Record Owner: Constance M. Alvarez
Address/location: 7802 Garfield Avenue, Huntington Beach, California
Property to be acquired: Fee Simple and Temporary Construction Easement
The proposed acquisition is part of an entire ownership.
The area of the entire lot is 21,500 square feet. The fee simple parcel being purchased is the
northerly 20 feet adjacent to Garfield Avenue, comprising 1,000 square feet. The temporary
construction easement is a 50 feet by less than 5 feet strip immediately south of the fee simple
parcel.
Improvements to the entire parcel include a small residential structure in poor condition that
contributes no value to the land.
TopogrMhX: Flat Shane: Irregular
Access: Garfield
Environmental Conditions: The valuation is premised on the assumption that the property is
free and clear of contamination
3
06-58/5540
APN: 159-151-02(Constance M.Alvarez)
Highest and Best Use Analysis
Highest and best use is defined as the reasonably probable and legal use of land which is legally
permissible,physically possible, and financially feasible that results in the highest value.
Highest and best use analysis is used in the appraisal process to identify comparable properties
and, where applicable, to determine whether the existing improvements should be retained,
renovated, or demolished. The results of the highest and best use analysis are:
Zoning: RM (Medium Density Residential)
Present Use of Property to be Acquired: Vacant. There is a small residential structure on the
remaining portion of property that is in poor condition and contributes no value to the land.
Highest and Best Legal Use of Property_
If subject to dedication: Unbuildable Open Space
If not subject to dedication: Medium Density Residential (Up to 7 units)
Valuation Analysis:
The sales comparison approach was used as the best indication of market value. The sales
comparison approach is one of the three accepted approaches to value. The income
capitalization approach and the cost approach were not considered to be applicable to this
appraisal problem.
The sales comparison approach is used to derive a value indication by comparing the property
being appraised to similar properties that have sold recently, applying appropriate units of
comparison, and making adjustments to the comparables based on the elements of comparison.
This is the preferred method of valuation when comparable sales data are available. The sales
comparison approach was based on the consideration of comparable sales which sold within a
reasonable time of the date of valuation.
To determine the value of the property to be acquired based upon a highest and best use of
Medium Density Residential, only unimproved properties with similar zoning which sold with a
reasonable time of the date of valuation were considered. The parcels believed to be most
similar in physical and locational character5istics ranged from 43,692 sq. ft. with a potential for
13 units,to 7,590 sq. ft. with a potential for two units. The prices, adjusted according to location
and to account for market changes since the time of their sale,ranged from $82.35 to $87.84 per
sq. ft. of land. Based upon its highest and best use, if not subject to dedication, as if vacant, as of
May 17, 2006,the appraiser believes the property has a value of$85 per square foot.
It also is expected that a temporary construction easement of less than five feet of width will be
required during the three months of construction. The temporary easement is valued at 10% of
the fair market value of the property for each year of use. Three months is only %4 of a year;
therefore,the value of the construction easement is $85/sq. ft. X 10%X 25%=$2.13/sq. ft.
Huntington Beach Zoning Code Section 230.84(A)requires that"[p]rior to issuance of a building
permit ... all real property shall be dedicated . . . which the City requires for streets. . . ."
4
06-58/5540
APN: 159-151-02(Constance M.Alvarez)
Section 230.84(B) exempts from said dedication requirement certain alterations or additions that
"do not exceed a third of the value of a building...." Section 230.84(C)then specifies the
dedication shall be according to the Department of Public Works "standard plans"or"a precise
plan of street,highway or alley alignment." The plans that Public Works follows are the General
Plan Circulation Element, specifically Figures CE-13 and CE-3. Figure CE-13 depicts Garfield
as a four lane primary street with a median, requiring a right-of-way of 100 feet, and Figure CE-
3 takes into account growth through 2010, and requires a six lane divided street of 120 feet. The
20 foot deep parcel to be acquired is for a 100 feet wide street.
Under existing legal authorities, in order for said dedication to be lawful, it must have some
reasonable connection or"nexus"to the particular development to be undertaken. In this
instance, the 20 feet of property to be acquired, and which would be sought for dedication upon
development, includes 12 feet for additional roadway and 8 feet for curb, gutter, and sidewalk.
To the extent that the 20 feet of property to be acquired would be subject lawful dedication, its
value, for purposes of determining just compensation, is limited to its value in its current
undeveloped state "because it [can] never be used for any other purpose." City of Porterville v
Young(1987) 195 Cal.App.3d 1260, 1269 [See also Contra Costa County Flood Control etc. v.
Lone Tree Investments(1992) 7 Cal.App.4' 930, 933-6] Such property was valued by the City's
appraiser as"open space" or"unbuildable" land. Sales of similar"unbuildable" lots were
identified, and ranged from $5.36 to $8.93 pre sq. ft. of land. Based thereupon,the appraiser
believes that said property, if"unbuildable" and valued as"open space,"has a value of$9 per
square foot.
While the City of Huntington Beach believes that the entire 20 feet of property to be acquired
would be subject to dedication at the time of its development, and thus should be valued at$9 sq.
ft. in its current undeveloped condition, it does recognize that this issue, at least for some portion
of said property, may be subject to some uncertainty under applicable legal authorities. If all 20
feet of property would lawfully be subject to dedication,just compensation of all the property to
be acquired would be $9 sq. ft. If only the 8 feet for curb, gutter and sidewalk would lawfully be
subject to dedication,just compensation for the remaining 12 feet would $85/sq.ft. based upon a
highest and best use of Medium Density Residential.
In recognition of said legal uncertainty, and in the interest of acquiring the property by
negotiated agreement without the necessity of litigation,the City of Huntington Beach is offering
to acquire said property for an amount that is greater than what it believes constitutes just
compensation. Specifically,the City is offering to acquire said property as if only the 8 feet for
curb, gutter and sidewalk were subject to lawful dedication. Based thereupon, the City's offer to
purchase is calculated as follows:
Valuation Conclusions and Offer to Purchase:
Land taken:
For the 12 feet acquired for additional roadway
(50 ft x 12 ft=600 sq.ft. @ $85/sq.ft=$51,000) $51,000
5
06-58/5540
APN: 159-151-02(Constance M.Alvarez)
For the 8 feet acquired for curb, gutter &sidewalk
(50 ft x 8 ft=400 sq.ft. @ $9/sq.ft. _$3,600) $ 3,600
Temporary Construction Easement:
(50 feet x 5 feet=250 sq.ft. for 3 months @ $2.13/sq.ft. $ 532.50
Total $55,132.50
This offer is made without prejudice and with the express notation that, if the property cannot be
acquired by negotiated agreement and should the City elect to proceed by way of an action in
eminent domain,the City of Huntington Beach will assert,based upon its understanding and
interpretation of applicable legal authorities,that the entire 20 feet of property to be acquired is
subject to lawful dedication, and should thus be valued at$9 a square foot.
Severance Damazes:
In addition, in establishing the amount believed to be just compensation, the City of Huntington
Beach derived from said appraisal whether or not there were damages and benefits to the
remaining property. The basis for this determination is whether or not the remainder had been
diminished in value by reason of the acquisition of the Parcel being acquired and the
construction of the improvement in the manner proposed(severance damage and, if.so, whether
the same remainder had been increased in value by reason of the construction of the
improvement in the manner proposed (benefits). If there are no severance damages,then
whether there is a benefit is inapplicable since benefits can only be offset against severance
damages by reason of California valuation law.
In this case, there are no severance damages, principally because the same intensity of
development can be accommodated on the entire parcel regardless of whether it is reduced by the
amount of the take or not.
Cal. Admin. Code,Title 25, Section 6182(fl Notification:
You are further advised that in addition to the information already provided in this Summary,
California Code of Regulations, Title 25, Div. 1, §6182(f)provides that after receiving the public
entity's offer, the Owner may request prior to the commencement of an eminent domain
proceeding and the public entity shall provide:
1 j The identification of some of the market transactions (e.g. sales,contracts to sell
and purchase, leases to the extent that the determination of just compensation was
based thereon) together with the names and addresses, if known, of the parties to
the transaction, the location of the property subject to the transaction, the date of
the transaction, and the price and other significant terms and circumstances of the
transaction.
Said information will be provided upon written request of the Owner made prior to the
commencement of any eminent domain proceeding.
6
06-58/5540
APN: 159-151-02(Constance M.Alvarez)
Contract of Acquisition
(APN 159-151-02)
Government Code §§7267.1 and 7267.2(a)
Acquisition of Property by Negotiation
Constance M. Alvarez(hereinafter referred to as Grantor) will conditionally deliver an
executed Grant Deed conveying the property described and depicted in the attached
Exhibits A&B (hereinafter referred to as the Parcel)to the City of Huntington Beach
(hereinafter referred to as Grantee).
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1.
A. Grantee requires the Parcel, a property not now appropriated to a public use, for
the construction of a public improvement described as the widening and
improvement of Garfield Avenue, a public use.
B. Because Grantee may exercise the power of eminent domain to acquire, Grantor
is compelled to sell; and because Grantee requires the property for the described
public use, Grantee is compelled to buy. As such, the acquisition of the Parcel is
an involuntary conversion of the Parcel from private to public use.
C. Both Grantor and Grantee recognize the expense,time, effort, and risk to both
Grantor and Grantee in resolving a dispute over compensation for the Parcel by
eminent domain litigation; and the compensation set forth herein is in
compromise and settlement, in lieu of such litigation.
D. The parties have herein set forth the whole of their agreement. The performance
of this agreement constitutes the entire consideration for said Grant Deed and
shall relieve Grantee of all further obligation or claims of whatever kind or nature
on this account, or on account of the construction of the proposed public
improvement in the manner proposed, including, but not limited to, claims arising
out of its location, grade, or restriction of private access rights. Grantor
acknowledges that Grantee has informed Grantor as to the plans for the
construction of the proposed public improvement in the manner proposed..
2. Grantee shall:
A. Open an escrow and provide escrow instructions to the escrow holder to
carry out the terms of this Agreement. Grantee shall pay all escrow and
recording fees incurred in this transaction. Grantee shall deposit said
conditionally delivered Grant Deed together with the sum provided in
Paragraph 2.13. into the escrow. The escrow holder shall be authorized
and Grantor shall be entitled to the disbursement of the sum deposited in
said escrow less any amounts payable to any other person having an
interest in the Parcel when the Parcel is free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. or when Grantee otherwise consents to title
vesting Grantee. Grantor shall not be entitled to receive any of said net
payment and the escrow holder shall not be authorized to disburse said
proceeds until:
1) All holders of liens and encumbrances on the Parcel have received
full payment for all principal and interest due to them or have
consented to payment to the Grantor and have executed
reconveyance of their interest in the Parcel;
2) All other parties having interest in have received payment
therefore or have consented to a payment to Grantor; and
3) The City of Huntington Beach has acknowledged in writing that it
concurs that all other parties having interest in the Parcel have
received full payment or have consented to disbursement to
Grantor.
The escrow holder shall be authorized to deliver unconditionally said
Grant Deed to Grantee either when the Parcel is free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. herein or when Grantee otherwise consents
to title vesting Grantee.
The escrow shall remain open until either a) all of the conditions of said
escrow have been met, or b) in the event that a dispute arises during the
course of the escrow,then until either a'settlement has been reached or this
agreement is terminated or a final order of condemnation under §1268.030
of the California Code of Civil Procedure is entered by the Court. Any
sum disbursed to Grantor from this escrow shall be deducted from the
ultimate amount received by Grantor as a result of any settlement, award,
or verdict of just compensation for the Parcel
B. Pay the undersigned Grantor the sum of$55,132.50 for the property or
interest conveyed by said Grant Deed when title to said property vests in
the City of Huntington Beach free and clear of all liens, encumbrances,
assessments, easements and leases (recorded and/or unrecorded), and
taxes, except:
1) Taxes for the tax year in which the escrow closes shall be cleared
and paid in the manner required by §5086 of the Revenue and
Taxation Code, if unpaid at the close of escrow.
2) Covenants,conditions,restrictions and reservations of record, or
contained in said Grant Deed.
3) Easements or rights of way over said land for public or quasi-
public street purposes, if any.
C. Pay all escrow and recording fees incurred in this transaction, and, if title
insurance is desired by Grantee, the premium charged therefore. Said
escrow and recording charges shall not, however, include documentary
transfer tax.
D. Have the authority to instruct the escrow holder to deduct and pay from
the amount shown in Paragraph 2.B. above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the
year in which this escrow closes,together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which
have become a lien at the close of escrow.
E. Shall have the irrevocable right to take possession of the Parcel five(5)
days after the deposit of the sum provided in Paragraph 2.B. into escrow.
3. While Grantor and Grantee anticipate that escrow will close as provided herein, in
the event that a dispute arises during the course of said escrow between Grantor, Grantee
and/or the escrow holder, or between Grantor and any third-party claimant to any or all of
the proceeds of said escrow, and it becomes necessary for Grantee to file a condemnation
action then:
A. Grantee shall remain in possession and the compensation provided for in
this agreement shall draw interest as prescribed at the apportionment rate
calculated by the Controller as the rate of earning by the Surplus Money
Investment Fund for each six-month period. Grantor shall be entitled to
receive interest on the sum received as compensation pursuant to this
agreement for Grantor's interest in the Parcel beginning at the date of
possession provided for in Paragraph 2.E. herein.
B. Grantor waives all claims and defenses challenging Grantee's right to
acquire the Parcel by eminent domain in the event that Grantee files any
subsequent eminent domain proceeding, and agrees that the City of
Huntington Beach has the right to acquire the Parcel by eminent domain
and that the public interest and necessity require the project;the project is
planned or-located in the manner that will be most compatible with the
greatest public good and the least private injury; the Property is necessary
for the project; and an offer in an amount no less than the full amount of
the City of Huntington Beach's approved appraisal was made to Grantor.
Grantor agrees that the total amount of compensation that shall be
awarded is the sum provided in Paragraph 2 plus interest as provided in
Paragraph 3.A. herein.
IN WITNESS WHEREOF, the Parties have executed this agreement on
at , State of California.
Grantor
Constance M. Alvarez
Grantee, City of Huntington Beach
By:
Its duly authorized representative
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ii PS Form 3811.February 2004 Domestic Retum Receipt 1o2 Q5.rt2-M-t!
ATTACHMENT 4
ot��rwsrodBf OFFICE OF
9i CITY ATTORNEY
P.O.Box 190 Paul D'Alessandro,Assistant City Attorney
F�suwrr Scott Field,Assistant City Attorney
2000 Main Street Neal Moore,Sr.Deputy City Attomey
Huntington Beach,California 92648 John Fujii,Deputy City Attorney
Jennifer McGrath Telephone: (714)536-5555 Teresa Judd,Deputy City Attorney
City Attorney Facsimile: (714)374-1590 Leonie Mulvihill,Deputy City Attorney
Sarah Sutton,Deputy City Attorney
Mike Vigliotta,Deputy City Attorney
November 15, 2006
Michael M. Leifer
Palmieri Tyler Wiener Wilhelm& Waldron, LLP
2603 Main Street
East Tower, Suite 1300
Irvine, CA 92614-6228
Re: Assessor's Parcel No. 159-151-03
(7802 Garfield Ave.,Huntington Beach, California)
Dear Mr. Leifer:
The staff of the City of Huntington Beach is proposing to recommend to the City
Council the acquisition of 20 feet of right-of-way from the above Parcel for the widening
of Garfield Avenue. The street will be widened to permit four travel lanes, a median, on-
street parking, bicycle lanes and curb, gutter and sidewalk.
From a title search conducted by First American Title Company, Pete and
Carmen O. Alvarez,who we understand to be your clients, are the owners of record of
the property located at 7802 Garfield, identified by the County Assessor as Parcel No.
159-151-03. The property is within the street widening area; a legal description and plat
map of the portion of the above Parcel under consideration for acquisition are attached to
the enclosed Offer to Purchase.
While staff proposes to recommend the acquisition of the described property to
the City Council of the City of Huntington Beach for this project,no decision to acquire
can be made until the City Council formally acts to approve this acquisition. Nothing in
this letter is meant to pre-commit the City Council or otherwise limit the options
available to the City Council. Consequently the enclosed Offer, if accepted, and the
acquisition of the described property are conditional upon and require the approval of the
City Council.
Michael M. Leifer
Re: Assessor's Parcel No. 159-151-03
November 15, 2006
Page 2
It is our sincere desire that the described property can be acquired amicably,
expeditiously, and by negotiation,with the approval of City Council. To this end,
California Government Code §7267.2(a)provides that prior to initiating negotiations for
the acquisition of real property that the City of Huntington Beach shall:
• Make an offer to the Owner of record to acquire the property for the full
amount that the public entity has established as just compensation;
• Which offer is not less than the public entity's appraisal of the fair market
value of the property; and
• Provide the Owner with a written statement of, and summary of the basis
for,the amount the City of Huntington Beach established as just
compensation.
As you will note from the enclosed Offer to Purchase and Valuation and ,
Appraisal Summary Statement,the City of Huntington Beach is offering an amount that
is greater than the amount that it believes would constitute just compensation if the entire
20 feet of property to be acquired is lawfully subject dedication. The City does this in an
effort to acquire the property by negotiated agreement and to avoid litigation, and it
should not be deemed an admission of value. As such, in the event the property cannot
be acquired by negotiated agreement and the City should elect to proceed by way of an
action in eminent domain,the City will assert that the entire 20 feet of property is
lawfully subject to dedication.
Also enclosed herewith is a proposed Contract of Acquisition which your clients
will be asked to sign if they accept the City's Offer.
After you have had an opportunity to review the City's offer with your clients, I
will be contacting you to discuss the matter. Should you have any questions,or wish to
discuss the matter before you hear from me, do not hesitate to call.
Very truly yours,
Neal Moore
Sr. Deputy City Attorney
NM:cl
5801
Offer to Purchase
(APN 159-151-03)
(Govt. Code Sections 7267.1 and 7267(a))
The City of Huntington Beach is proposing to widen and upgrade Garfield Avenue. This
project will necessitate acquiring an additional 20 feet of right-of way along the southern side of
Garfield Avenue. Attached hereto as Exhibits A and B are the Legal Description and Plat for
Right-of-Way Acquisition of the property(herein after called the"Parcel")that the City proposes
acquiring for this project. A review of the Orange County Public Records reveals that title to
said Parcel is vested in Pete and Carmen O. Alvarez.
The City of Huntington Beach proposes to acquire for the project all rights in the Parcel
in fee simple interest.
The City of Huntington Beach anticipates that the construction of the public
improvements along Garfield and within the Parcel may necessitate intermittent use of the
property immediately adjacent and south of said Parcel. For this purpose,the City proposes
acquiring a temporary construction easement of less than five (5)feet of property immediately
adjacent and south of said Parcel for a period of three(3)months during construction.
The City of Huntington Beach offers to pay the sum of$54,600.00 for the acquisition of
said Parcel, and improvements thereon, an amount that the City believes is greater than what
would constitute just compensation under applicable legal authorities. This offer is made with
the express notation that, if it is not accepted and the property cannot be acquired by negotiated
agreement, and should the City elect to proceed by way of an action in eminent domain,this
offer shall not be considered or deemed an admission of what constitutes just compensation
under applicable legal authorities. _
The City of Huntington Beach also offers to pay the sum of$820.05 for the above-
described temporary construction easement, an amount that the City believes constitutes just
compensation.
This offer is conditional upon the Huntington Beach City Council ratifying the offer by
formal action taken at a regular public meeting authorizing the execution of a Contract of
Acquisition or adopting a Resolution of Necessity, or both.
When property is sold to the City of Huntington Beach, there is the same obligation as in
a private transaction for the Owner to pay in escrow the amounts needed to remove any existing
liens and encumbrances. In the event that you decide to accept the offer, it is recommended that
you contact directly the persons, if any,to whom you may be making payments under trust deeds
or other liens, and reach an agreement with them as to the amount of money they will demand, if
any, in escrow to clear the property being acquired of these liens and encumbrances. In the event
that there are liens and encumbrances, the Owner shall either:
1
(1) Pay to Owners of liens and encumbrances, out of the approved compensation paid
by the City of Huntington Beach,the amount needed to terminate leases or cancel
trust deeds,mortgages, or other liens affecting the property acquired, or
(2) Arrange for holders of leases, trust deeds, mortgages, or other liens to quitclaim
their interest, if any,to the Parcel being acquired.
Similarly, when an Owner sells his/her property to the City of Huntington Beach, the
Owner's obligation to pay current and past due property taxes is the same as if the Owner were
selling to a private individual.
However, you, as an Owner, will not be required to pay recording fees,transfer taxes, or
the pro rata portion of real property taxes which are allocable to any period after the passage of
title or possession to the City of Huntington Beach.
If you have any questions in regard to this offer,please contact Neal Moore at(714) 375-
8452.
2
Exhibit A
Legal Description
The Northerly 20.00 feet, of the North 170.00 feet, of the West 50.00 of the east
one-half of Lot 2, of the Mountain View Tract, located in the City of Huntington
Beach, County of Orange, State of California, in the Rancho Las Bolsas, as shown
on the map filed in Book 7, page 1 of Miscellaneous Maps, in the Recorders
Office of said County.
Containing 1000.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
SAND
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Joseph G. Derleth rF OF CA\_\F
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-03 mj #m
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit B r� GARFIELD AVENUE
NE COR LOT EXISTING RIGHT
1, PER ( ) 5), OF WAY NE COR LOT
3 ( )
(EAST, 118.00) 2, PER
— —59.00' 50.00'
50.00'
20 00'� 00,
(LOT 2) 1 PROPOSED
RIGHT OF
WAY 7802 GARFIELD
7782 GARFIELD I APN 159-151-02
APN 159-151-16 7802 GARFIELD
APN 159-151-03 1
0 59.00'--i .00'
50.00' `---EAST LINE LOT 2,
I ( )
o
?- I WEST LINE EAST--I (LOT 3)
112 LOT 2 I
o
EAST LINE LOT 1, 7802 GARFIELD 1 0
I`- PER ( ) I APN 159-151-03 1�
CC 15 0 30
(LOT 12)� Z
SOUTH LINE, I IN FEET
NORTH 170.00; '
Ii LOT
2, PER ( ) I SCALE 1 = 30
LAND
2 G
(EAST, 118.00') SE COR LOT EXP. 12-31-07 A
SE COR LOT 2, PER O
1, PER ( ) �� LS. 7340
9lF OF CALF
ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. -
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-03
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Summary Statement Accompanying Government Code§ 7267.2(a)
Offer Relating to Acquisition Procedures for Purchase
of Real Property At 7802 Garfield Avenue,Huntington Beach,
California,APN: 159-151-03 (Pete and Carmen Alvarez)
The California Relocation Assistance and Real Property Acquisition Guidelines provide that
each Owner from whom the City of Huntington Beach purchases real property or an interest
therein, or each tenant owning improvements on said property, be provided the following
information which may or may not be applicable to your property and this proposed acquisition.
1) You are entitled to receive full payment prior to vacating the real property being
purchased unless you have heretofore waived such entitlement. You are not required to
pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are
allocable to any period subsequent to the passage of title or possession.
2) The City of Huntington Beach will offer to purchase any remnant considered by the City
of Huntington Beach to be an uneconomic unit which is owned by you or, if applicable,
occupied by you as a tenant and which is contiguous to the land being conveyed.
3) All buildings, structures, and other improvements affixed to the land described in the
referenced documents covering this transaction and owned by the grantors herein or, if
applicable, owned by you as a tenant are being conveyed unless other disposition of these
improvements has been made. The interests to be acquired are a fee simple absolute and
a temporary construction easement. The fee simple parcel being purchased comprises
1,000 square feet and is described in the attached legal description and outlined on the
attached map. The temporary construction easement is a 50 feet by less than 5 feet strip
immediately south of the Parcel.
4) The amount determined to be just compensation was determined after consideration of an
appraisal of the fair market value of the Parcel. The basis for the amount determined to
be just compensation is summarized on the attached Statement of the Amount Established
as Just Compensation and Appraisal Summary Statement. Such amount:
a. Exceeds the full amount that the City of Huntington Beach believes to be just
compensation;
b. Is no less than the full amount of the public entity's approved appraisal of fair
market value for the property to be purchased;
c. Disregards any decrease or increase in the fair market value of the real property
proposed to be acquired prior to the date of valuation caused by the public
improvement for which the property is to be acquired or the likelihood that the
property would be acquired for such public improvement,other than due to -
physical deterioration within the reasonable control of the Owner or occupant;
and
1
06-58/5542
APN: 159-151-03(Pete/Cartnen Alvarez)
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the Owner is entitled to receive under an
agreement with the City of Huntington Beach.
If you ultimately elect to reject the offer of the City of Huntington Beach for your property, you
are entitled to have the amount of compensation determined by a court of law in accordance with
the laws of the State of California.
Dated: �' (6 qw�
Steve Holtz
Real Property Manager
2
06-58/5540
APN: 159-151-02(Constance M.Alvarez)
Valuation and Appraisal Summary Statement
For 7802 Garfield Avenue,Huntington Beach, California,
APN: 159-151-03 (Pete and Carmen Alvarez)
Government Code§ 7267.2
The following is a summary of the analysis and basis for the amount that the City of Huntington
Beach believes to be just compensation, which amount was derived from an appraisal as
approved by the City of Huntington Beach, in conjunction with consideration of applicable
principles of law. A statement of the appraisal process and applicable principles of law, which
forms the basis for the valuation conclusions and offer to purchase, is as follows.
Property Data
Date of Valuation Used: May 17, 2006
Project: Garfield Street Widening
APN: 159-151-03
Record Owner: Pete Alvarez and Carmen O. Alvarez,husband and wife, as joint tenants
Address/location: 7802 Garfield Avenue, Huntington Beach, California
Property to be acquired: Fee Simple and Temporary Construction Easement
The proposed acquisition is part of an entire ownership.
The area of the parcel proposed to be acquired is 20 feet adjacent to Garfield Avenue,
comprising 1,000 sq. ft. The area of the entire lot is 8,500 square feet. The fee simple parcel
being purchased is the northerly 20 feet adjacent to Garfield Avenue, comprising 1,000 square
feet. The temporary construction easement is a 50 feet by less than 5 feet strip immediately south
of the fee simple parcel.
Topography: Flat Ste: Rectangular
Access: Garfield
Environmental Conditions: The valuation is premised on the assumption that the property is
free and clear of contamination
Hialiest and Best Use Analysis
Highest and best use is defined as the reasonably probable and legal use of land which is legally
permissible,physically possible, and,financially feasible that results in the highest value.
Highest and best use analysis is used in the appraisal process to identify comparable properties
3
06-58/5542
APN: 159-151-03(Pete/Carmen Alvarez)
and,where applicable,to determine whether the existing improvements should be retained,
renovated, or demolished. The results of the highest and best use analysis are:
Zonin>;: RM (Medium Density Residential)
Present Use: Vacant and unimproved
Highest and Best Legal Use of Property:
If subject to dedication: Unbuildable Open Space
If not subject to dedication: Medium Density Residential (Up to 2 units)
Valuation Analysis:
The sales comparison approach was used as the best indication of market value. The sales
comparison approach is one of the three accepted approaches to value. The income
capitalization approach and the cost approach were not considered to be applicable to this
appraisal problem.
The sales comparison approach is used to derive a value indication by comparing the property
being appraised to similar properties that have sold recently, applying appropriate units of
comparison, and making adjustments to the comparables based on the elements of comparison.
This is the preferred method of valuation when comparable sales data are available. The sales
comparison approach was based on the consideration of comparable sales which sold within a
reasonable time of the date of valuation.
To determine the value of the property to be acquired based upon a highest and best use of
Medium Density Residential, only unimproved properties with similar zoning which sold with a
reasonable time of the date of valuation were considered. The parcels believed to be most
similar in physical and locational characteristics ranged from 43,692 sq. ft. with a potential for
13 units, to 7,590 sq. ft. with a potential for two units. The prices, adjusted according to location
and to account for market changes since the time of their sale, ranged from $82.35 to $87.84 per
sq. ft. of land. Based upon its highest and best use, if not subject to dedication, as if vacant, as of
May 17, 2006,the appraiser believes the property has a value of$85 per square foot.
It also is expected that a temporary construction easement of less than five feet of width will be
required during the three months of construction. The temporary easement is valued at 10%of
the fair market value of the property for each year of use. Three months is only t/4 of a year;
therefore, the value of the construction easement is $85/sq. ft. X 10%X 25%=$2.13/sq. ft.
Huntington Beach Zoning Code Section 230.84(A)requires that"[p]rior to issuance of a building
permit ... all real property shall be dedicated . . . which the City requires for streets. . . ."
Section 230.84(B) exempts from said dedication requirement certain alterations or additions that
"do not exceed a third of the value of a building...." Section 230.84(C)then specifies the
dedication shall be according to the Department of Public Works"standard plans" or"a precise
plan of street, highway or alley alignment." The plans that Public Works follows are the General
Plan Circulation Element, specifically Figures CE-13 and CE-3. Figure CE-13 depicts Garfield
as a four lane primary street with a median,requiring a right-of-way of 100 feet, and Figure CE-
4
06-58/5542
APN: 159-151-03(Pete/Carmen Alvarez)
3 takes into account growth through 2010, and requires a six lane divided street of 120 feet. The
20 foot deep parcel to be acquired is for a 100 feet wide street.
Under existing legal authorities, in order for said dedication to be lawful, it must have some
reasonable connection or"nexus"to the particular development to be undertaken. In this
instance,the 20 feet of property to be acquired, and which would be sought for dedication upon
development, includes 12 feet for additional roadway and 8 feet for curb, gutter, and sidewalk.
To the extent that the 20 feet of property to be acquired would be subject lawful dedication, its
value, for purposes of determining just compensation, is limited to its value in its current
undeveloped state "because it [can] never be used for any other purpose." City of Porterville v
Young(1987) 195 Cal.App.3d 1260, 1269 [See also Contra Costa County Flood Control etc. v
Lone Tree Investments (1992) 7 Cal.App.4 h 930; 933-6] Such property was valued by the City's
appraiser as"open space" or"unbuildable" land. Sales of similar"unbuildable" lots were
identified, and ranged from$5.36 to $8.93 pre sq. ft. of land. Based thereupon, the appraiser
believes that said property, if"unbuildable"and valued as "open space,"has a value of$9 per
square foot.
While the City of Huntington Beach believes that the entire 20 feet of property to be acquired
would be subject to dedication at the time of its development, and thus should be valued at$9 sq.
ft. in its current undeveloped condition, it does recognize that this issue, at least for some portion
of said property, may be subject to some uncertainty under applicable legal authorities. If all 20
feet of property would lawfully be subject to dedication,just compensation of all the property to
be acquired would be $9 sq. ft. If only the 8 feet for curb, gutter and sidewalk would lawfully be
subject to dedication,just compensation for the remaining 12 feet would$85/sq.ft. based upon a
highest and best use of Medium Density Residential.
In recognition of said legal uncertainty, and in the interest of acquiring the property by
negotiated agreement without the necessity of litigation, the City of Huntington Beach is offering
to acquire said property for an amount that is greater than what it believes constitutes just
compensation. Specifically, the City is offering to acquire said property as if only the 8 feet for
curb, gutter and sidewalk were subject to lawful dedication. Based thereupon,the City's offer to
purchase is calculated as follows:
Valuation Conclusions and Offer to Purchase:
Land taken:
For the 12 feet acquired for additional roadway
(50 ft x 12 ft= 600 sq.ft. @ $85/sq.ft $51,000) $51,000
For the 8 feet acquired for curb, gutter& sidewalk
(50 ft x 8 ft=400 sq.ft. @ $9/sq.ft. _ $3,600) $ 3,600
Temporary Construction Easement:
(50 feet x 5 feet=250 sq.ft.for 3 months @$2.13/sq.ft. $ 532.50
Total $55,132.50
5
06-58/5542
APN: 159-151-03(Pete/Carmen Alvarez)
This offer is made without prejudice and with the express notation that, if the property cannot be
acquired by negotiated agreement and should the City elect to proceed by way of an action in
eminent domain,the City of Huntington Beach will assert, based upon its understanding and
interpretation of applicable legal authorities, that the entire 20 feet of property to be acquired is
subject to lawful dedication, and should thus be valued at$9 a square foot.
Severance Danines:
In addition, in establishing the amount believed to be just compensation,the City of Huntington
Beach derived from said appraisal whether or not there were damages and benefits to the
remaining property. The basis for this determination is whether or not the remainder had been
diminished in value by reason of the acquisition of the Parcel being acquired and the
construction of the improvement in the manner proposed(severance damage and, if so, whether
the same remainder had been increased in value by reason of the construction of the
improvement in the manner proposed(benefits). If there are no severance damages,then
whether there is a benefit is inapplicable since benefits can only be offset against severance
damages by reason of California valuation law.
In this case, there are no severance damages, principally because the same intensity of
development can be accommodated on the entire parcel regardless of whether it is reduced by the
amount of the take or not.
Cal. Admin. Code,Title 25, Section 6182(f)Notification:
You are further advised that in addition to the information already provided in this Summary,
fl California Code of Regulations, Title 25, Div. 1, §6182(f)provides that after receiving the public
entity's offer, the Owner may request prior to the commencement of an eminent domain
proceeding and the public entity shall provide:
1) The identification of some of the market transactions(e.g. sales, contracts to sell
and purchase, leases to the extent that the determination of just compensation was
based thereon)together with the names and addresses, if known, of the parties to
the transaction, the location of the property subject to the transaction,the date of
the transaction, and the price and other significant terms and circumstances of the
transaction, if known; and
Said information will be provided upon written request of the Owner made prior to the
commencement of any eminent domain proceeding
6
06-58/5542
APN: 159-151-03(Pete/Carmen Alvarez)
Contract of Acquisition
(APN 159-151-03)
Government Code §§7267.1 and 7267.2(a)
Acquisition of Property by Negotiation
Pete Alvarez and Carmen O. Alvarez(hereinafter referred to as Grantors)will
conditionally deliver an executed Grant Deed conveying the property described and
depicted in the attached Exhibits A& B (hereinafter referred to as the Parcel)to the City
of Huntington Beach(hereinafter referred to as Grantee).
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1.
A. Grantee requires the Parcel, a property not now appropriated to a public use, for
the construction of a public improvement described as the widening and
improvement of Garfield Avenue, a public use.
B. Because Grantee may exercise the power of eminent domain to acquire, Grantors
are compelled to sell; and because Grantee requires the property for the described
public use, Grantee is compelled to buy. As such,the acquisition of the Parcel is
an involuntary conversion of the Parcel from private to public use.
C. Both Grantors and Grantee recognize the expense, time, effort, and risk to both
Grantor and Grantee in resolving a dispute over compensation for the Parcel by
eminent domain litigation; and the compensation set forth herein is in
compromise and settlement, in lieu of such litigation.
D. The parties have herein set forth the whole of their agreement. The performance
of this agreement constitutes the entire consideration for said Grant Deed and
shall relieve Grantee of all further obligation or claims of whatever kind or nature
on this account, or on account of the construction of the proposed public
improvement in the manner proposed, including, but not limited to, claims arising
out of its location, grade, or restriction of private access rights. Grantors
acknowledge that Grantee has informed Grantors as to the plans for the
construction of the proposed public improvement in the manner proposed.
2. Grantee shall:
A. Open an escrow and provide escrow instructions to the escrow holder to
carry out the terms of this Agreement. Grantee shall pay all escrow and
recording fees incurred in this transaction. Grantee shall deposit said
conditionally delivered Grant Deed together with the sum provided in
Paragraph 2.13. into the escrow. The escrow holder shall be authorized
and Grantors shall be entitled to the disbursement of the sum deposited in
said escrow less any amounts payable to any other person having an
interest in the Parcel when the Parcel is'free and clear of all liens,
encumbrances, assessments,easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. or when Grantee otherwise consents to title
vesting Grantee. Grantors shall not be entitled to receive any of said net
payment and the escrow holder shall not be authorized to disburse said
proceeds until:
1) All holders of liens and encumbrances on the Parcel have received
full payment for all principal and interest due to them or have
consented to payment to the Grantors and have executed
reconveyance of their interest in the Parcel;
2) All other parties having interest in have received payment
therefore or have consented to a payment to Grantors; and
3) The City of Huntington Beach has acknowledged in writing that it
concurs that all other parties having interest in the Parcel have
received full payment or have consented to disbursement to
Grantor.
The escrow holder shall be authorized to deliver unconditionally said
Grant Deed to Grantee either when the Parcel is free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. herein or when Grantee otherwise consents
to title vesting Grantee.
The escrow shall remain open until either a) all of the conditions of said
escrow have been met, or b) in the event that a dispute arises during the
course of the escrow,then until either a settlement has been reached or this
agreement is terminated or a final order of condemnation under §1268.030
of the California Code of Civil Procedure is entered by the Court. Any
sum disbursed to Grantors from this escrow shall be deducted from the
ultimate amount received by Grantor as a result of any settlement, award,
or verdict of just compensation for the Parcel
B. Pay the undersigned Grantors the sum of$55,132.50 for the property or
interest conveyed by said Grant Deed when title to said property vests in
the City of Huntington Beach free and clear of all liens, encumbrances,
assessments, easements and leases (recorded and/or unrecorded), and
taxes, except:
1) Taxes for the tax year in which the escrow closes shall be cleared
and paid in the manner required by §5086 of the Revenue and
Taxation Code, if unpaid at the close of escrow.
2) Covenants, conditions,restrictions and reservations of record, or
contained in said Grant Deed.
3) Easements or rights of way over said land for public or quasi-
public street purposes, if any.
C. Pay all escrow and recording fees incurred in this transaction, and, if title
insurance is desired by Grantee,the premium charged therefore. Said
escrow and recording charges shall not, however, include documentary
transfer tax.
D. Have the authority to instruct the escrow holder to deduct and pay from
the amount shown in Paragraph 2.B. above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the
year in which this escrow closes,together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which
have become a lien at the close of escrow.
E. Shall have the irrevocable right to take possession of the Parcel five(5)
days after the deposit of the sum provided in Paragraph 2.B. into escrow.
3. While Grantors and Grantee anticipate that escrow will close as provided herein,
in the event that a dispute arises during the course of said escrow between Grantors,
Grantee and/or the escrow holder, or between Grantors and any third-party claimant to
any or all of the proceeds of said escrow, and it becomes necessary for Grantee to file a
condemnation action then:
A. Grantee shall remain in possession and the compensation provided for in
this agreement shall draw interest as prescribed at the apportionment rate
calculated by the Controller as the rate of earning by the Surplus Money
Investment Fund for each six-month period. Grantors shall be entitled to
receive interest on the sum received as compensation pursuant to this
agreement for Grantors' interest in the Parcel beginning at the date of
possession provided for in Paragraph 2.E. herein.
B. Grantors waive all claims and defenses challenging Grantee's right to
acquire the Parcel by eminent domain in the event that Grantee files any
subsequent eminent domain proceeding, and agrees that the City of
Huntington Beach has the right to acquire the Parcel by eminent domain
and that the public interest and necessity require the project; the project is
planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; the Property is necessary
for the project; and an offer in an amount no less than the full amount of
the City of Huntington Beach's approved appraisal was made to Grantors.
Grantors agree that the total amount of compensation that shall be
awarded is the sum provided in Paragraph 2 plus interest as provided in
Paragraph 3.A. herein.
IN WITNESS WHEREOF,the Parties have executed this agreement on
at , State of California.
Grantor
Pete Alvarez
Grantor
Carmen O. Alvarez
Grantee, City of Huntington Beach
By:
Its duly authorized representative
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PS Form 3811,February 2004 Domestic Return Receipt 102595-0244-1:
ATTACHMENT 5
p'a�ON�IN..GT0�6F OFFICE OF
'= CITY ATTORNEY
yT' P.O.Box 190 Paul D'Alessandro,Assistant City Attorney
Scott Field,Assistant City Attorney
2000 Main Street Neal Moore,Sr.Deputy City Attorney
Huntington Beach,California 92648 John Fujii,Deputy City Attorney
Jennifer McGrath Telephone: (714)536-5555 Teresa Judd,Deputy City Attorney
City Attorney Facsimile: (714)374-1590 Leonie Mulvihill,Deputy City Attorney
Sarah Sutton,Deputy City Attorney
Mike Vigliotta,Deputy City Attorney
November 15, 2006
Esther Contreras
19535 Oak Tree Lane
Riverside, CA 92580-9594
Re: Assessor's Parcel No. 159-151-16
(782 Garfield Ave.,Huntington Beach, California)
Dear Ms Contreras:
The staff of the City of Huntington Beach is proposing to recommend to the City
Council the acquisition of 20 feet of right-of-way from the above Parcel for the widening
of Garfield Avenue. The street will be widened to permit four travel lanes, a median, on-
street parking, bicycle lanes and curb, gutter and sidewalk.
From a title search conducted by First American Title Company, we have been
advised that you have an ownership interest in the property located at 7782 Garfield,
identified by the County Assessor as Parcel No. 159-151-016. The property is within the
street widening area;a legal description and plat map of the portion of the above Parcel
under consideration for acquisition are attached to the enclosed Offer to Purchase
While Staff proposes to recommend the acquisition of the described property to
the City Council of the City of Huntington Beach for this project, no decision to acquire
can be made until the City Council formally acts to approve this acquisition. Nothing in
this letter is meant to pre-commit the City Council or otherwise limit the options
available to the City Council. Consequently the enclosed Offer, if accepted, and the
acquisition of the described property are conditional upon and require the approval of the
City Council.
It is our sincere desire that the described property can be acquired amicably,
expeditiously, and by negotiation,with the approval of City Council. To this end,
California Government Code §7267.2(a)provides that prior to initiating negotiations for
the acquisition of real property that the City of Huntington Beach shall:
• Make an offer to the Owner of record to acquire the property for the full
amount that the public entity has established as just compensation;
Re: Assessor's Parcel No. 159-151-16
November 15, 2006
Page 2
• Which offer is not less than the public entity's appraisal of the fair market
value of the property; and
• Provide the Owner with a written statement of, and summary of the basis
for, the amount the City of Huntington Beach established as just
compensation.
As you will note from the enclosed Offer to Purchase and Valuation and
Appraisal Summary Statement, the City of Huntington Beach is offering an amount that
is greater than the amount that it believes would constitute just compensation if the entire
20 feet of property to be acquired is lawfully subject dedication. The City does this in an
effort to acquire the property by negotiated agreement and to avoid litigation, and it
should not be deemed an admission of value. As such, in the event the property cannot
be acquired by negotiated agreement and the City should elect to proceed by way of an
action in eminent domain,the City will assert that the entire 20 feet of property was
lawfully subject to dedication.
Also enclosed herewith is a proposed Contract of Acquisition which you and the
other owners will be asked to sign if the City's Offer is accepted.
I would appreciate it if you would give me a call acknowledging your receipt of
this letter and enclosures at your earliest convenience. I would also appreciate it if you
would let me know if someone is going to be handling this matter on your behalf, so that
I may then deal directly with that person. If not, I would like to speak with you regarding
how long you will need to consider and come to some decision regarding the City's offer.
My direct number is(714) 375-8452.
Thank you.
Very urs,
Neal Moore
Sr. Deputy City Attorney
NM:cl
cc: Daniel Gilbert Contreras
Andrea Contreras
Raul Contreras
Delores Contreras Austin
Thomas Contreras
Virginia Contreras
Michael Contreras
5809
uzINC roo OFFICE OF
CITY ATTORNEY
e
P.O.Box 190 Paul D'Alessandro,Assistant City Attorney
��F•:.,,,,„,`��
�ouxry�" 2000 Main Street Scott Field,Assistant City Attorney
Neal Moore,Sr.Deputy City Attorney
Huntington Beach,California 92648 John Fujii,Deputy City Attomey
Jennifer McGrath Telephone: (714)536-5555 Teresa Judd,Deputy City Attomey
City Attomey Facsimile: (714)374-1590 Leonie Mulvihill,Deputy City Attomey
Y Y Sarah Sutton,Deputy City Attomey
Mike Vigliotta,Deputy City Attorney
November 15,2006
Raul Contreras V
Delores Contreras Austin
Thomas Contreras
Virginia Contreras
Michael Contreras
P.O. Box 16425
Irvine, CA 92623
Re: Assessor's Parcel No. 159-151-16
(7782 Garfield Ave.,Huntington Beach, California)
Dear Gentlepersons:
The staff of the City of Huntington Beach is proposing to recommend to the City
Council the acquisition of 20 feet of right-of-way from the above Parcel for the widening
of Garfield Avenue. The street will be widened to permit four travel lanes, a median, on-
street parking, bicycle lanes and curb, gutter and sidewalk.
From a title search conducted by First American, we have learned that you have
an ownership interest in the property located at 7782 Garfield, identified by the County
Assessor as Parcel No. 159-151-016. The property is within the street widening area; a
legal description and plat map of the portion of the above Parcel under consideration for
acquisition are attached to the enclosed Offer to Purchase.
While staff proposes to recommend the acquisition of the described property to
the City Council of the City of Huntington Beach for this project,no decision to acquire
can be made until the City Council formally acts to approve this acquisition. Nothing in
this letter is meant to pre-commit the City Council or otherwise limit the options
available to the City Council. Consequently the enclosed Offer, if accepted, and the
acquisition of the described property are conditional upon and require the approval of the
City Council.
It is our sincere desire that the described property can be acquired amicably,
expeditiously, and by negotiation,with the approval of City Council. To this end,
California Government Code §7267.2(a)provides that prior to initiating negotiations for
the acquisition of real property that the City of Huntington Beach shall:
Re: Assessor's Parcel No. 159-151-16
November 15, 2006
Page 2
• Make an offer to the Owner of record to acquire the property for the full
amount that the public entity has established as just compensation;
• Which offer is not less than the public entity's appraisal of the fair market
value of the property; and
• Provide the Owner with a written statement of, and summary of the basis
for, the amount the City of Huntington Beach established as just
compensation.
As you will note from the enclosed Offer to Purchase and Valuation and
Appraisal Summary Statement, the City of Huntington Beach is offering an amount that
is greater than the amount that it 1 elieves would constitute just compensation if the entire
20 feet of property to be acquired is lawfully subject dedication. The City does this in an
effort to acquire the property by negotiated agreement and to avoid litigation, and it
should not be deemed an admission of value. As such, in the event the property cannot
be acquired by negotiated agreement and the City should elect to proceed by way of an
action in eminent domain,the City will assert that the entire 20 feet of property was
lawfully subject to dedication.
Also enclosed herewith is a proposed Contract of Acquisition which you and the
other owners will be asked to sign if the City's Offer is accepted.
Upon receipt of this letter and enclosures, I would appreciate it if one of you
would give me a call acknowledging your receipt. I would also appreciate it if you would
let me know who will be handling this matter on your behalf, and on behalf of all the
owners, so that I may then deal directly with that person. My direct number is (714) 375-
8452.
Thank you.
Very truly yours,
Neal Moore
Sr. Deputy City Attorney
NM:cl
cc: Esther Contreras
Daniel Gilbert Contreras
Andrea Contreras
5802
ors°�w.N.srota� OFFICE OF
's CITY ATTORNEY
P.O.Box 190 Paul D'Alessandro,Assistant City Attorney
2000 Main Street Scott Field,Assistant City Attorney
Huntington Beach California 92648 Neal Moore,Sr.Deputy City Attorney
� John Fujii,Deputy City Attorney ,
Jennifer McGrath Telephone: (714)536-5555 Teresa Judd,Deputy City Attorney
City Attorney Facsimile: (714)374-1590 Leonie Mulvihill,Deputy City Attorney
Sarah Sutton,Deputy City Attorney
Mike Vigliotta,Deputy City Attorney
November 15, 2006
Daniel Gilbert Contreras
Andrea Contreras
24320 Adams Ave.
Murrieta, CA 92562
Re: Assessor's Parcel No. 159-151-16
(7782 Garfield Ave.,Huntington Beach, California)
Dear Mr. Contreras:
The staff of the City of Huntington Beach is proposing to recommend to the City
Council the acquisition of 20 feet of right-of-way from the above Parcel for the widening
of Garfield Avenue. The street will be widened to permit four travel lanes, a median, on-
street parking, bicycle lanes and curb, gutter and sidewalk.
From a title search conducted by First American Title Company, we have been
advised that you have an ownership interest in the property located at 7782 Garfield,
identified by the County Assessor as Parcel No. 159-151-016. The property is within the
street widening area; a legal description and plat map of the portion of the above Parcel
under consideration for acquisition are attached to the enclosed Offer to Purchase.
While staff proposes to recommend the acquisition of the described property to
the City Council of the City of Huntington Beach for this project,no decision to acquire
can be made until the City Council formally acts to approve this acquisition. Nothing in
this letter is meant to pre-commit the City Council or otherwise limit the options
available to the City Council. Consequently the enclosed Offer, if accepted, and the
acquisition of the described property are conditional upon and require the approval of the
City Council.
It is our sincere desire that the described property can be acquired amicably,
expeditiously, and by negotiation, with the approval of City Council. To this end,
California Government Code §7267.2(a)provides that prior to initiating negotiations for
the acquisition of real property that the City of Huntington Beach shall:
• Make an offer to the Owner of record to acquire the property for the full
amount that the public entity has established as just compensation;
Re: Assessor's Parcel No. 159-151-16
November 15, 2006
Page 2
• Which offer is not less than the public entity's appraisal of the fair market
value of the property; and
• Provide the Owner with a written statement of, and summary of the basis
for,the amount the City of Huntington Beach established as just
compensation.
As you will note from the enclosed Offer to Purchase and Valuation and
Appraisal Summary Statement,the City of Huntington Beach is offering an amount that
is greater than the amount that it believes would constitute just compensation if the entire
20 feet of property to be acquired is lawfully subject dedication. The City does this in an
effort to acquire the property by negotiated agreement and to avoid litigation, and it
should not be deemed an admission of value. As such, in the event the property cannot
be acquired by negotiated agreement and the City should elect to proceed by way of an
action in eminent domain,the City will assert that the entire 20 feet of property was
lawfully subject to dedication.
Also enclosed herewith is a proposed Contract of Acquisition which you and the
other owners will be asked to sign if the City's Offer is accepted.
Upon receipt of this letter and enclosures, I would appreciate it if you would give
me a call and let me know who will be handling this matter on your behalf, and on behalf
of all the owners, so that I may then deal directly with that person. My direct number is
(714) 375-8452.
Thank you.
Very truly yours,
Neal Moore
Sr. Deputy City Attorney
NM:cl
cc: Esther Contreras
Raul Contreras
Delores Contreras Austin
Thomas Contreras
Virginia Contreras
Michael Contreras
5808
Offer to Purchase
(APN 159-151-16)
(Govt. Code Sections 7267.1 and 7267(a))
The City of Huntington Beach is proposing to widen and upgrade Garfield Avenue. This
project will necessitate acquiring an additional 20 feet of right-of way along the southern side of
Garfield Avenue. Attached hereto as Exhibits A and B are the Legal Description and Plat for
Right-of-Way Acquisition of the property (herein after called the"Parcel")that the City proposes
acquiring for this project. A review of the Orange County Public Records reveals that title to
said Parcel is vested as follows: Raul Contreras, Dolores Contreras Austin, Thomas Contreras,
Virginia Contreras, Michael Contreras, all as tenants in common, the 1/3 interest; Daniel Gilbert
Contreras and Andrea Contreras in joint tenancy as, Co-Trustees of"The Contreras Living
Trust", dated September 7, 1999, as to an undivided 1/3 interest; Esther Contreras, Trustee of
The Contreras Trust dated April 15, 1998, as to an undivided 1/3 interest, all as their respective
interests appear of record.
The City of Huntington Beach proposes to acquire for the project all rights in the Parcel
in fee simple interest.
The City of Huntington Beach anticipates that the construction of the public
improvements along Garfield and within the Parcel may necessitate intermittent use of the
property immediately adjacent and south of said Parcel. For this purpose,the City proposes
acquiring a temporary construction easement of less than five(5)feet of property immediately
adjacent and south of said Parcel for a period of three(3)months during construction.
The City of Huntington Beach offers to pay the sum of$84,084.00 for the acquisition of
said Parcel, and improvements thereon, an amount that the City believes is greater than what
would constitute just compensation under applicable legal authorities. This offer is made with
the express notation that, if it is not accepted and the property cannot be acquired by negotiated
agreement, and should the City elect to proceed by way of an action in eminent domain, this
offer shall not be considered or deemed an admission of what constitutes just compensation
under applicable legal authorities.
The City of Huntington Beach also offers to pay the sum of$820.05 for the above-
described temporary construction easement, an amount that the City believes constitutes just
compensation.
This offer is conditional upon the Huntington Beach City Council ratifying the offer by
formal action taken at a regular public meeting authorizing the execution of a Contract of
Acquisition or adopting a Resolution of Necessity, or both.
When property is sold to the City of Huntington Beach,there is the same obligation as in
a private transaction for the Owner to pay in escrow the amounts needed to remove any existing
liens and encumbrances. In the event that you decide to accept the offer, it is recommended that
you contact directly the persons, if any, to whom you may be making payments under trust deeds
or other liens, and reach an agreement with them as to the amount of money they will demand, if
1
any, in escrow to clear the property being acquired of these liens and encumbrances. In the event
that there are liens and encumbrances,the Owner shall either:
(1) Pay to Owners of liens and encumbrances, out of the approved compensation paid
by the City of Huntington Beach, the amount needed to terminate leases or cancel
trust deeds, mortgages, or other liens affecting the property acquired, or
(2) Arrange for holders of leases, trust deeds, mortgages, or other liens to quitclaim
their interest, if any,to the Parcel being acquired.
Similarly, when an Owner sells his/her property to the City of Huntington Beach, the
Owner's obligation to pay current and past due property taxes is the same as if the Owner were
selling to a private individual.
However, you, as an Owner, will not be required to pay recording fees,transfer taxes, or
the pro rata portion of real property taxes which are allocable to any period after the passage of
title or possession to the City of Huntington Beach.
If you have any questions in regard to this offer, please contact Neal Moore at(714) 375-
8452.
2
Exhibit A
Legal Description
The Northerly 20.00 feet of the North half of Lot 1 and the Northerly 20.00 feet
of the West 59.00 feet of Lot 2, both of the Mountain View Tract, located in the
City of Huntington Beach, County of Orange, State of California, in the Rancho
Las Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps,
in the Recorders Office of said County.
Excepting therefrom the West 88.50 feet, and the West 11.50 of East 29.50 feet of
said North half of said Lot 1.
Also excepting therefrom the South 150.00 feet, of said 59.00 feet of said Lot 2.
Also excepting therefrom all right, title and interest in and to the mineral rights
therein, including all oil, gasoline or other hydrocarbon substances thereunder,
with the right to enter in and upon the premises at any time, drill for, extract and
produce said oil, gas and other hydrocarbon substances thereunder, as reserved in
the deed from A.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta,
Contreras, husband and wife, for an undivided one-half interest in said land
recorded June 26, 1944, in Book 1259, page 258 of Official Records of Orange
County, California and as reserved in the deed from Katherine Hendrickson
McDonald, formerly Katherine Hendrickson, to Pete Alvarez and Carmen O.
Alvarez, husband and wife, for and undivided one-half interest in said land,
recorded February 27, 1958 in Book 4210, page 222 of Official Records of said
Orange County.
SAND S
Containing 1540.0 square feet more or less. cl DF GAL
Q
Exhibit "B" attached and by this reference made a part hereof. J ExP. 12-31-07 s 0
L.S. 7340
qTF DF CAt-�F���
DRAFT
Joseph G. Derleth
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16 Miff
CITY OF HUNTINGTON BEACH low
DEPARTMENT OF PUBLIC WORKS
- Exhibit B
_ Gf =IELD AVENUE
NW COR LOT NE COR LOT EXISTING RIGHT NE COR LOT
1, PER ( ) 3 1, PER ( ) OF WA Y 2, PER ( )
(EAST, 118.00) (EAST, 118.00)
11.50'
88.50' 18.00' 59.00 59.00'
77.00`
5p' ! 20 00'
T 18.00' S9.00'
1.50' + PROPOSED
19002 DELAWARE APN 159-151-15 F I 29 50'.-1 RIGHT OF WAY
' I 7782 GARFIELD I 7802 GARFIELD
EAST LINE OF THE---I APN 159-151-16 APN 159-151-03
WEST 88.50' OF I 77.00'
o I LOT 1 8.00' I 59.00' EAST LINE LOT 2,---�
LOT 1 ) 1 I PER I o
(LOT 1 2 I R
C )
�8 50' i I �
[—WEST LINE LOT 1, II I I I
PER ( )
f + I I 15 0 � 30
EAST LINE OF THE I EAST LINE LOT 1,
WEST 11.50' OF THE PER ( ) 1N FEET
EAST 29.50' OF 7782 GARFIELD I I'
LOT 1 � SCALE 1 30
APN 159-151-16 LAND sG�`
U
O
SOUTH LINE, NORTH EXP. 12-31-07
112, LOT 1 I NORTH LINE, SOUTH
150 00', LOT 2 `�� LS. 73ao
lF OF CAL�F�
(EAST, 118.00) (EAST, 118.00)
— � COR LOT — —
SW COR LOT 1, PER O SE SE COR LOT1, PER O 2, PER ( )
ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16
CITY OF HUNTINGTON BEACH Lv
DEPARTMENT OF PUBLIC WORKS
Summary Statement Accompanying Government Code § 7267.2(a)
Offer Relating to Acquisition Procedures for Purchase
of Real Property At 7782 Garfield Avenue,Huntington Beach,
California, APN: 159-151-16 (Contreras)
The California Relocation Assistance and Real Property Acquisition Guidelines provide that
each Owner from whom the City of Huntington Beach purchases real property or an interest
therein, or each tenant owning improvements on said property, be provided the following
information which may or may not be applicable to your property and this proposed acquisition.
1) You are entitled to receive full payment prior to vacating the real property being
purchased unless you have heretofore waived such entitlement. You are not required to
pay recording fees,transfer taxes, or the pro rata portion of real property taxes which are
allocable to any period subsequent to the passage of title or possession.
2) The City of Huntington Beach will offer to purchase any remnant considered by the City
of Huntington Beach to be an uneconomic unit which is owned by you or, if applicable,
occupied by you as a tenant and which is contiguous to the land being conveyed.
3) All buildings, structures, and other improvements affixed to the land described in the
referenced documents covering this transaction and owned by the grantors herein or, if
applicable, owned by you as a tenant are being conveyed unless other disposition of these
improvements has been made. The interests to be acquired are a fee simple absolute and
a temporary construction easement. The fee simple parcel being purchased comprises
1,540 square feet and is described in the attached legal description and outlined on the
attached map. The temporary construction easement is a 77 feet by less than 5 feet strip
immediately south of the Parcel.
4) The amount determined to be just compensation was determined after consideration of an
appraisal of the fair market value of the Parcel. The basis for the amount determined to
be just compensation is summarized on the attached Statement of the Amount Established
as Just Compensation and Appraisal Summary Statement. Such amount:
a. Exceeds the full amount that the City of Huntington Beach believes to be just
compensation;
b. Is no less than the full amount of the public entity's approved appraisal of fair
market value for the property to be purchased;
c. Disregards any decrease or increase in the fair market value of the real property
proposed to be acquired prior to the date of valuation caused by the public
improvement for which the property is to be acquired or the likelihood that the
property would be acquired for such public improvement, other than due to
physical deterioration within the reasonable control of the Owner or occupant;
and
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APN: 159-151-16(Contreras Trust)
d. Does not reflect any consideration of or allowance for any relocation assistance
and payments or other benefits which the Owner is entitled to receive under an
agreement with the City of Huntington Beach.
If you ultimately elect to reject the offer of the City of Huntington Beach for your property, you
are entitled to have the amount of compensation determined by a court of law in accordance with
the laws of the State of California.
Dated:
Steve
Holtz
Real Property Manager
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06-59/5539
APN: 159-15 1-01(Fidencio and Vivian Alvarez)
Valuation and Appraisal Summary Statement
For 7782 Garfield Avenue, Huntington Beach, California,
APN: 159-151-16 (Contreras)
Government Code § 7267.2
The following is a summary of the analysis and basis for the amount that the City of Huntington
Beach believes to be just compensation, which amount was derived from an appraisal as
approved by the City of Huntington Beach, in conjunction with consideration of applicable
principles of law. A statement of the appraisal process and applicable principles of law, which
forms the basis for the valuation conclusions and offer to purchase, is as follows.
Property Data
Date of Valuation Used: May 17, 2006
Project: Garfield Street Widening
APN: 159-151-16
Record Owner: Raul Contreras, Dolores Contreras Austin, Thomas Contreras, Virginia
Contreras, Michael Contreras, all as tenants in common,the 1/3 interest; Daniel Gilbert
Contreras and Andrea Contreras in joint tenancy as, Co-Trustees of"The Contreras Living
Trust", dated September 7, 1999, as to an undivided 1/3 interest; Esther Contreras, Trustee of
The Contreras Trust dated April 15, 1998, as to an undivided 1/3 interest, all as their respective
interests appear of record
Address/location: 7782 Garfield Avenue, Huntington Beach, California
Property to be acquired: Fee Simple and Temporary Construction Easement
The proposed acquisition is part of an entire ownership.
The area of the entire lot is 11,550 square feet. The fee simple parcel being purchased is the
northerly 20 feet adjacent to Garfield Avenue, comprising 1,000 square feet. The temporary
construction easement is a 77 feet by less than 5 feet strip immediately south of the fee simple
parcel.
Topography: Flat Shane: Rectangular
Access: Garfield
Environmental Conditions: The valuation is premised on the assumption that the property is
free and clear of contamination
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APN: 159-151-I6(Contreras Trust)
Highest and Best Use Analysis
Highest and best use is defined as the reasonably probable and legal use of land which is legally
permissible,physically possible, and financially feasible that results in the highest value.
Highest and best use analysis is used in the appraisal process to identify comparable properties
and, where applicable, to determine whether the existing improvements should be retained,
renovated, or demolished. The results of the highest and best use analysis are:
Zoning: RM (Medium Density Residential)
Present Use: Vacant and unimproved
Highest and Best Use of Property
If subject to dedication: Unbuildable Open Space
If not subject to dedication: Medium Density Residential (Up to 3 units)
Valuation Analysis:
The sales comparison approach was used as the best indication of market value. The sales
comparison approach is one of the three accepted approaches to value. The income
capitalization approach and the cost approach were not considered to be applicable to this
appraisal problem.
The sales comparison approach is used to derive a value indication by comparing the property
being appraised to similar properties that have sold recently, applying appropriate units of
comparison, and making adjustments to the comparables based on the elements of comparison.
This is the preferred method of valuation when comparable sales data are available. The sales
comparison approach was based on the consideration of comparable sales which sold within a
reasonable time of the date of valuation.
To determine the value of the property to be acquired based upon a highest and best use of
Medium Density Residential, only unimproved properties with similar zoning which sold with a
reasonable time of the date of valuation were considered. The parcels believed to be most
similar in physical and locational characteristics ranged from 43,692 sq. ft. with a potential for
13 units, to 7,590 sq. ft. with a potential for two units. The prices,adjusted according to location
and to account for market changes since the time of their sale, ranged from $82.35 to $87.84 per
sq. ft. of land. Based upon its highest and best use, if not subject to dedication, as if vacant, as of
May 17, 2006,the appraiser believes the property has a value of$85 per square foot.
It also is expected that a temporary construction easement of less than five feet of width will be
required during the three months of construction. The temporary easement is valued at 10%of
the fair market value of the property for each year of use. Three months is only '/4 of a year;
therefore, the value of the construction easement is $85/sq. ft. X 10%X 25%=$2.13/sq. ft.
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APN: 159-151-16(Contreras Trust)
Huntington Beach Zoning Code Section 230.84(A)requires that"[p]nor to issuance of a building
permit ... all real property shall be dedicated . . . which the City requires for streets. . . ."
Section 230.84(B) exempts from said dedication requirement certain alterations or additions that
"do not exceed a third of the value of a building...." Section 230.84(C)then specifies the
dedication shall be according to the Department of Public Works"standard plans"or"a precise
plan of street, highway or alley alignment." The plans that Public Works follows are the General
Plan Circulation Element, specifically Figures CE-13 and CE-3. Figure CE-13 depicts Garfield
as a four lane primary street with a median, requiring a right-of-way of 100 feet, and Figure CE-
3 takes into account growth through 2010, and requires a six lane divided street of 120 feet. The
20 foot deep parcel to be acquired is for a 100 feet wide street.
Under existing legal authorities, in order for said dedication to be lawful, it must have some
reasonable connection or"nexus"to the particular development to be undertaken. In this
instance, the 20 feet of property to be acquired, and which would be sought for dedication upon
development, includes 12 feet for additional roadway and 8 feet for curb, gutter, and sidewalk.
To the extent that the 20 feet of property to be acquired would be subject lawful dedication, its
value, for purposes of determining just compensation, is limited to its value in its current
undeveloped state"because it [can] never be used for any other purpose." City of Porterville v
Young(1987) 195 Cal.App.3d 1260, 1269 Vee also Contra Costa County Flood Control etc. v
Lone Tree Investments (1992) 7 Cal.App.4 930, 933-6] Such property was valued by the City's
appraiser as "open space" or"unbuildable" land. Sales of similar"unbuildable" lots were
identified, and ranged from $5.36 to $8.93 pre sq. ft. of land. Based thereupon, the appraiser
believes that said property, if"unbuildable" and valued as"open space,"has a value of$9 per
square foot.
While the City of Huntington Beach believes that the entire 20 feet of property to be acquired
would be subject to dedication at the time of its development, and thus should be valued at$9 sq.
ft. in its current undeveloped condition, it does recognize that this issue, at least for some portion
of said property, may be subject to some uncertainty under applicable legal authorities. If all 20
feet of property would lawfully be subject to dedication,just compensation of all the property to
be acquired would be$9 sq. ft. If only the 8 feet for curb, gutter and sidewalk would lawfully be
subject to dedication,just compensation for the remaining 12 feet would$85/sq.ft. based upon a
highest and best use of Medium Density Residential.
In recognition of said legal uncertainty, and in the interest of acquiring the property by
negotiated agreement without the necessity of litigation,the City of Huntington Beach is offering
to acquire said property for an amount that is greater than what it believes constitutes just
compensation. Specifically, the City is offering to acquire said property as if only the 8 feet for
curb, gutter and sidewalk were subject to lawful dedication. Based thereupon,the City's offer to
purchase is calculated as follows:
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06-58/5541
APN: 159-151-16(Contreras Trust)
Valuation Conclusions and Offer to Purchase:
Land taken:
For the 12 feet acquired for additional roadway
(77 ft x 12 ft= 924 sq.ft. @$85/sq.ft= $78,540) $78,540
For the 8 feet acquired for curb, gutter& sidewalk
(77 ft x 8 ft= 616 sq.ft. @ $9/sq.ft. = $5,544) $ 5,544
Temporary Construction Easement:
(77 feet x 5 feet= 385 sq.ft. for 3 months @ $2.13/sq.ft.) 820.05
Total $84,904.05
This offer is made without prejudice and with the express notation that, if the property cannot be
acquired by negotiated agreement and should the City elect to proceed by way of an action in
eminent domain,the City of Huntington Beach will assert, based upon its understanding and
interpretation of applicable legal authorities, that the entire 20 feet of property to be acquired is
subject to lawful dedication, and should thus be valued at$9 a square foot.
Severance Damages:
In addition, in establishing the amount believed to be just compensation,the City of Huntington
Beach derived from said appraisal whether or not there were damages and benefits to the
remaining property. The basis for this determination is whether or not the remainder had been
diminished in value by reason of the acquisition of the Parcel being acquired and the
construction of the improvement in the manner proposed(severance damage and, if so, whether
the same remainder had been increased in value by reason of the construction of the
improvement in the manner proposed (benefits). If there are no severance damages, then
whether there is a benefit is inapplicable since benefits can only be offset against severance
damages by reason of California valuation law.
In this case, there are no severance damages,principally because the same intensity of
development can be accommodated on the entire parcel regardless of whether it is reduced by the
amount of the take or not.
Cal. Admin. Code,Title 25, Section 6182M Notification:
You are further advised that in addition to the information already provided in this Summary,
California Code of Regulations, Title 25, Div. 1, §6182(f) provides that after receiving the public
entity's offer, the Owner may request and the public entity shall provide:
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06-58/5541
APN: 159-151-16(Contreras Trust)
1) The identification of some of the market transactions (e.g. sales, contracts to sell and
purchase, leases to the extent that the determination of just compensation was based
thereon)together with the names and addresses, if known, of the parties to the
transaction, the location of the property subject to the transaction, the date of the
transaction, and the price and other significant terms and circumstances of the
transaction.
Said information will be provided upon written request of the Owner made prior to the
commencement of any eminent domain proceeding.
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06-58/5541
APN: 159-151-16(Contreras Trust)
Contract of Acquisition
(APN 159-151-16)
Government Code §§7267.1 and 7267.2(a)
Acquisition of Property by Negotiation
Raul Contreras, Dolores Contreras Austin, Thomas Contreras, Virginia Contreras,
Michael Contreras, all as tenants in common, the 1/3 interest; Daniel Gilbert Contreras
and Andrea Contreras in joint tenancy as, Co-Trustees of"The Contreras Living Trust",
dated September 7, 1999, as to an undivided 1/3 interest; Esther Contreras, Trustee of
The Contreras Trust dated April 15, 1998, as to an undivided 1/3 interest, all as their
respective interests appear of record, (hereinafter referred to as Grantors) will
conditionally deliver an executed Grant Deed conveying the property described and
depicted in the attached Exhibits A & B (hereinafter referred to as the Parcel)to the City
of Huntington Beach(hereinafter referred to as Grantee).
In consideration of which, and the other considerations hereinafter set forth, it is mutually
agreed as follows:
1.
A. Grantee requires the Parcel, a property not now appropriated to a public use, for
the construction of a public improvement described as the widening and
improvement of Garfield Avenue, a public use.
B. Because Grantee may exercise the power of eminent domain to acquire, Grantor
is compelled to sell; and because Grantee requires the property for the described
public use, Grantee is compelled to buy. As such,the acquisition of the Parcel is
an involuntary conversion of the Parcel from private to public use.
C. Both Grantor and Grantee recognize the expense, time, effort, and risk to both
Grantor and Grantee in resolving a dispute over compensation for the Parcel by
eminent domain litigation; and the compensation set forth herein is in
compromise and settlement, in lieu of such litigation.
D. The parties have herein set forth the whole of their agreement. The performance
of this agreement constitutes the entire consideration for said Grant Deed and
shall relieve Grantee of all further obligation or claims of whatever kind or nature
on this account, or on account of the construction of the proposed public
improvement in the manner proposed, including, but not limited to, claims arising
out of its location, grade, or restriction of private access rights. Grantor
acknowledges that Grantee has informed Grantor as to the plans for the
construction of the proposed public improvement in the manner proposed.
2. Grantee shall:
A. Open an escrow and provide escrow instructions to the escrow holder to
carry out the terms of this Agreement. Grantee shall pay all escrow and
recording fees incurred in this transaction. Grantee shall deposit said
conditionally delivered Grant Deed together with the sum provided in
Paragraph 2.B. into the escrow. The escrow holder shall be authorized
and Grantor shall be entitled to the disbursement of the sum deposited in
said escrow less any amounts payable to any other person having an
interest in the Parcel when the Parcel is free and clear of all liens,
encumbrances, assessments,easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. or when Grantee otherwise consents to title
vesting Grantee. Grantor shall not be entitled to receive any of said net
payment and the escrow holder shall not be authorized to disburse said
proceeds until:
1) All holders of liens and encumbrances on the Parcel have received
full payment for all principal and interest due to them or have
consented to payment to the Grantor and have executed
reconveyance of their interest in the Parcel;
2) All other parties having interest in have received payment
therefore or have consented to a payment to Grantor; and
3) The City of Huntington Beach has acknowledged in writing that it
concurs that all other parties having interest in the Parcel have
received full payment or have consented to disbursement to
Grantor.
The escrow holder shall be authorized to deliver unconditionally said
Grant Deed to Grantee either when the Parcel is free and clear of all liens,
encumbrances, assessments,easements and leases (recorded and/or
unrecorded), and taxes, except those taxes and assessments listed as
exceptions in Paragraph 2.B. herein or when Grantee otherwise consents
to title vesting Grantee.
The escrow shall remain open until either a) all of the conditions of said
escrow have been met, or b) in the event that a dispute arises during the
course of the escrow,then until either a settlement has been reached or this
agreement is terminated or a final order of condemnation under§1268.030
of the California Code of Civil Procedure is entered by the Court. Any
sum disbursed to Grantor from this escrow shall be deducted from the
ultimate amount received by Grantor as a result of any settlement, award,
or verdict of just compensation for the Parcel
B. Pay the undersigned Grantor the sum of$84,904.05 for the property or
interest conveyed by said Grant Deed when title to said property vests in
the City of Huntington Beach free and clear of all liens, encumbrances,
assessments, easements and leases (recorded and/or unrecorded), and
taxes, except:
1) Taxes for the tax year in which the escrow closes shall be cleared
and paid in the manner required by §5086 of the Revenue and
Taxation Code, if unpaid at the close of escrow.
2) Covenants,conditions, restrictions and reservations of record, or
contained in said Grant Deed.
3) Easements or rights of way over said land for public or quasi-
public street purposes, if any.
C. Pay all escrow and recording fees incurred in this transaction, and, if title
insurance is desired by Grantee, the premium charged therefore. Said
escrow and recording charges shall not, however, include documentary
transfer tax.
D. Have the authority to instruct the escrow holder to deduct and pay from
the amount shown in Paragraph 2.B. above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the
year in which this escrow closes,together with penalties and interest
thereon, and/or delinquent and unpaid non-delinquent assessments which
have become a lien at the close of escrow.
E. Shall have the irrevocable right to take possession of the Parcel five (5)
days after the deposit of the sum provided in Paragraph 2.B. into escrow.
3. While Grantor and Grantee anticipate that escrow will close as provided herein, in
the event that a dispute arises during the course of said escrow between Grantor, Grantee
and/or the escrow holder, or between Grantor and any third-party claimant to any or all of
the proceeds of said escrow, and it becomes necessary for Grantee to file a condemnation
action then:
A. Grantee shall remain in possession and the compensation provided for in
this agreement shall draw interest as prescribed at the apportionment rate
calculated by the Controller as the rate of earning by the Surplus Money
Investment Fund for each six-month period. Grantor shall be entitled to
receive interest on the sum received as compensation pursuant to this
agreement for Grantor's interest in the Parcel beginning at the date of
possession provided for in Paragraph 2.E. herein.
B. Grantor waives all claims and defenses challenging Grantee's right to
acquire the Parcel by eminent domain in the event that Grantee files any
subsequent eminent domain proceeding, and agrees that the City of
Huntington Beach has the right to acquire the Parcel by eminent domain
and that the public interest and necessity require the project;the project is
planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; the Property is necessary
for the project; and an offer in an amount no less than the full amount of
the City of Huntington Beach's approved appraisal was made to Grantor.
Grantor agrees that the total amount of compensation that shall be
awarded is the sum provided in Paragraph 2 plus interest as provided in
Paragraph 3.A. herein.
IN WITNESS WHEREOF, the Parties have executed this agreement on
at , State of California.
Grantor
Raul Contreras
Grantor
Dolores Contreras Austin
Grantor
Thomas Contreras
Grantor
Virginia Contreras
Grantor
Michael Contreras
Grantor
Daniel Gilbert Contreras
Grantor
Andrea Contreras
Grantor
Esther Contreras
Grantee, City of Huntington Beach
By:
Its duly authorized representative. _
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ATTACHMENT 6
o��pN INcroyB.r OFFICE OF
CITY ATTORNEY
P.O.Box 190 Paul D'Alessandro,Assistant City Attorney
NTY%. 2000 Main Street Scott Field,Assistant City Attorney
Neal Moore,Sr.Deputy City Attorney
Huntington Beach,California 92648 Leonie Mulvihill,Sr.Deputy City Attorney
Jennifer McGrath Telephone: (714)536-5555 John Fujii,Deputy City Attorney
City Attorney Facsimile: (714)374-1590 Teresa Judd,Deputy City Attorney
Sarah Sutton,Deputy City Attorney
Michael Vigliotta,Deputy City Attorney
December 27, 2006
NOTICE OF INTENTION TO ADOPT A RESOLUTION
OF NECESSITY FOR THE ACQUISITION OF A PORTION OF
CERTAIN REAL PROPERTY LOCATED AT
7782 AND 7802 GARFIELD AVENUE,IDENTIFIED AS ASSESSOR
PARCEL NOS. 159-151-01, 159-151-02, 159-151-03,
AND 159-151-16
NOTICE IS HEREBY GIVEN that the City Council of the City of Huntington Beach, at
its regular meeting to be held on Tuesday, January 16, 2007, at 6:00 p.m., or as soon thereafter as
the matter may be heard, in the City Council Chambers located at 2000 Main Street, Huntington
Beach, California 92648, will hold a hearing on whether a Resolution of Necessity should be
adopted, authorizing the acquisition of 20 feet of additional right-of-way from the above
described real property located on the south side of Garfield Avenue, including the acquisition of
a 3 month temporary construction easement of less than 5 feet, for the purpose of the proposed
widening of Garfield Avenue, pursuant to Government Code Section 37350.5 and 40404.
You have a right to appear and be heard at the above scheduled hearing on the following
matters and issues, before the City Council decides whether or not to adopt the attached proposed
Resolution of Necessity:
a. Whether the public interest and necessity require the proposed project;
b. Whether the proposed project is planned or located in the matter that will be most
compatible with the greatest public good and the least private injury;
C. Whether the property sought to be acquired by eminent domain and described in
the Resolution of Necessity is necessary for the proposed project; and
d. Whether an offer to purchase, and accompanying statement and summary, was
- made in a form and manner required by Government Code Section 7267.2(a).
If you wish to be heard at this hearing, you must file a written request with the City Clerk
located at 2000 Main Street, Huntington Beach, California 92648, on or before 1:00 p.m. on
January 16, 2007.
The amount of compensation to be paid for the acquisition of the property is not a matter
or issue being heard by the City Council at this time. Your nonappearance at this noticed hearing
will not prevent you from claiming greater compensation than you have been offered, in and as
determined by a court of law in accordance with the laws of the State of California. If you elect
not to appear and be heard, you will only be foreclosed from raising in a court of law the issues
which are the subject of this noticed hearing and which are concerned with the right to take the
property by eminent domain.
This Notice of Hearing is not intended to foreclose future discussions or negotiations
between you and representatives of the City of Huntington Beach on the amount of
compensation to be paid for the property.
JENNIFER McGRATH
City Attorney
By:
NEAL MOORE
Sr. Deputy City Attorney
[PROPOSED]
RESOLUTION NO.
A RESOLUTION OF NECESSITY OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA
APPROVING THE ACQUISITION OF PORTIONS OF CERTAIN REAL PROPERTY
LOCATED AT 7782 AND 7802 GARFIELD AVENUE, ASSESSOR'S PARCEL NOS. 159-
151-01, 159-151-02, 159-151-03, AND 159-151-16,TOGETHER WITH A TEMPORARY
CONSTRUCTION EASEMENT OF LESS THAN 5 FEET IMMEDIATELY ADJACENT AND
SOUTH OF THE ACQUIRED REAL PROPERTY FOR A PERIOD OF 3 MONTHS DURING
CONSTRUCTION, BY EMINENT DOMAIN TO PERMIT STREET WIDENING
WHEREAS, the project for purposes of this acquisition consists of the widening and
improving of Garfield Avenue(the"Project"); and
The City Council is authorized under Government Code §§ 37350.5 and 40404 to utilize
the power of eminent domain to acquire real property for the purpose of installing, constructing
and widening public streets, and for related public purposes which are a governmental function
of the City; and
A portion of real property(the"Property")known as Assessor's Parcel Number 159-151-
01 and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration,respectively attached hereto as Exhibit A and
Exhibit B and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
A portion of real property(the"Property") known as Assessor's Parcel Number 159-151-
02, and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration, respectively attached hereto as Exhibit C and
Exhibit D and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
1
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
A portion of real property(the"Property")known as Assessor's Parcel Number 159-151-
03, and whose address is 7802 Garfield Avenue, which real property is more particularly
described in the legal description and illustration,respectively attached hereto as Exhibit E and
Exhibit F, and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
A portion of real property(the."Property") known as Assessor's Parcel Number 159-151-
16 and whose address is 7782 Garfield Avenue, which real property is more particularly
described in the legal description and illustration,respectively attached hereto as Exhibit G and
Exhibit H, and by this reference incorporated herein, is adjacent to the south side of Garfield
Avenue in the City; and
An aerial map showing the Property and immediate vicinity is attached hereto as Exhibit I
and by this reference is incorporated herein; and-
The City Council has determined that it is in the interest of the City to widen Garfield
Avenue in accordance with the Project; and
Pursuant to Government Code§ 65402, the Planning Commission of the City of
Huntington Beach adopted General Plan Conformance No. 03-01 and Resolution No. 1584, on
July 22, 2003, stating the findings and determinations of the Planning Commission that the
location, purpose, and extent of the proposed acquisition of the Property conform with the City's
General Plan; and
All persons whose names and addresses appear on the last equalized county assessment
roll for the Property were given notice of the intention of the City to adopt a Resolution of
Necessity and to authorize the institution of eminent domain proceedings, and were informed of
the right to be heard on said matter pursuant to the Code of Civil Procedure § 1245.235; and
2
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
A public hearing was held by the City Council on January 16, 2007, at which the matters
set forth above and in Code of Civil Procedure § 1240.030 were discussed, including the
following matters: (a) whether the public interest and necessity require the Project; (b) whether
the Project is planned or located in the manner that will be most compatible with the greatest
public good and the least private injury; (c) whether the Property is necessary for the Project; and
(d) whether an offer of just compensation pursuant to Government Code § 7267.2 has been made
to the owner or owners of record;
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1: That the above Recitals are all true and correct and are incorporated
herein.
Section 2: That the City Council does hereby find and determine the following:
A. That the City Council,pursuant to Government Code §§ 37350.5
and 40404, is empowered to condemn any property necessary to _
carry out the public purpose of the Project.
B. That the public interest and necessity require construction and
completion of the Project,because the City's General Plan, and
specifically the Circulation Element, calls for the expansion of
Garfield Avenue in the manner contemplated by the Project. In
addition, the Garfield Avenue road widening is designed to relieve
traffic congestion, increase the capacity of the street and provide
continuity in the roadway alignment, and to provide the adjoining
3
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
real properties with improved and safer access, improved drainage,
together with curbs, gutter, and sidewalks.
C. That the Project is planned and located in a manner that will be
most compatible with the greatest public good and least private
injury,because the design of the roadway widening must of
necessity occupy land which is immediately adjacent to the
existing roadway in order to maintain the continuity of the
alignment of the road for all users. The Project is designed in a
manner compatible with the greatest public good,because the
Project will involve road widening and related improvements
which will enhance the utility, drainage, and safety of the area,
including improving traffic safety and circulation for all those
traveling on Garfield Avenue, and also including improved and
safer access to and from the adjoining properties. The Project will
result in the least private injury, because where consistent with safe
roadway design restrictions, the amount of property for potential
acquisition was determined so as to minimize the amount of the
parcel taken, and to minimize impacts to the remainder of the
parcel.
D. That the acquisition of the Property is necessary to permit
construction and completion of the Project,because the roadway
widening must occur on property immediately adjacent to the
4
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
existing roadway. Without inclusion of the Property, the Project
could not be completed.
E. That the acquisition of a temporary construction easement of less
than 5 feet immediately adjacent and south of the Property, for a
period of 3 months during construction, to permit intermittent use
of the adjacent property for purposes of construction, is also
necessary to permit construction and completion of the Project.
E. That the City prepared and recorded an environmental impact
Notice of Exemption on November 4, 2005 regarding the Project.
F. That offers of just compensation pursuant to Government Code §
7267.2 have been made to all owners of record of the Property, or
their representatives, on or about November 15, 2005, that
reasonable diligence has been used to locate every interested
owner, that the City's offers of just compensation were based on
appraisals of the Property, and that the City's offers were for the
full appraised amount. City staff has had discussions with the
owners, or their representatives, subsequent to these offers, but
such discussions have not yet proved successful in securing the
necessary property interests outside of more formal proceedings.
G. That due to the failure of the owners of record to accept the City's
offers of just compensation, the Project cannot be completed
except by the City Council's power of eminent domain.
5
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
H. That the public interest and necessity require acquisition of the
Property and that such acquisition is necessary for the Project.
I. That the Property, acquisition of which is required for the public
interest and necessity, is situated in the City of Huntington Beach,
County of Orange, State of California.
Section 3: The City Council hereby declares its intent to acquire a fee simple absolute
interest, for the purpose of conducting roadway widening and related improvements, in and to the
Property in the City's name in accordance with the provisions of the laws of the State of
California. The City Council further declares its intent to acquire a temporary construction
easement of less than 5 feet immediately adjacent and south of the Property, for a period of 3
months during construction of the Project, to permit intermittent use of the adjacent property for
purposes of construction of the Project.
Section 4: The City Attorney is hereby authorized to commence an action in the
Superior Court of the State of California in and for the County of Orange, in the name and on
behalf of the City against those persons who appear as owner or owners of record or who are
known to have any claim or interest in the Property for the purpose of acquiring a fee simple
absolute interest in and to the Property by eminent domain for the public uses described herein,
to acquire a temporary construction easement of less than 5 feet immediately adjacent and south
of the Property for a period of 3 months during construction of the Project, and to make
application for possession of the Property prior to judgment, to do all things necessary to
prosecute the action to its final determination in accordance with the provisions of law applicable_
thereto, and to take any appropriate action consistent with the purposes of this Resolution.
6
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
Section 5: The City staff is hereby authorized to take any appropriate action
consistent with the purposes of this Resolution, including but not limited to the withdrawal of
necessary sums to deposit with the Court as the probable amount of compensation that will be
awarded in the eminent domain proceedings to acquire the Property.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2007.
REVIEWED AND APPROVED:
Mayor
APPROVED AS TO FORM:
City Administrator
City Attorney
INITIATED AND APPROVED:
Director of Public Works
7
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
Exhibit A
Legal Description
The Northerly 20.00 feet, of the Easterly 77.00 feet of Lot 3, of the Mountain
View Tract, located in the City of Huntington Beach, County of Orange, State of
California, in the Rancho Las Bolsas, as shown on the map filed in Book 7, page 1
of Miscellaneous Maps, in the Recorders Office of said County.
Excepting therefrom all right, title and interest in and to the mineral rights therein,
including all oil, gasoline or other hydrocarbon substances thereunder, with the
right to enter in and upon the premises at any time, drill for, extract and produce
said oil, gas and other hydrocarbon substances thereunder, as reserved in the deed
from W.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta. Contreras,
husband and wife, for an undivided one-half interest in said land recorded June
26, 1944, in Book 1259, page 258 of Official Records of Orange County,
California and as reserved in the deed from Katherine Hendrickson McDonald,
formerly Katherine Hendrickson, to Pete Alvarez and Carmen O. Alvarez,
husband and wife, for and undivided one-half interest in said land, recorded
February 27, 1958 in Book 4210, page 222 of Official Records of said Orange
County.
Containing 1540.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
\,AND
G.
�F GAG
DRAFT
EXP. 12-31-07
Joseph G. Derleth
PLS 7340, expires 12/31/07 s�q L.S. 7340
TF OF CA1-�F��
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit B
f-� GARFIELD AVENUE
EXISTING RIGHT OF WA Y (30.00) I
NE COR LOT ""
2, PER ( ) (EAST, 118.00) 06 NE COR LOT
77.00' 13, PER ( )
— — — — — — 50.00'
50.00'
77.00'
9.00
PROPOSED 7802 GARFIELD
RIGHT OF
j I I APN 159-151-01
WAY I o oLo
7802 GARFIELD 7802 GARFIELD I ICI i Q L0 -It
APN 159 151 031 EAST LINE LOT 3,
APN 159-151-02� U \
1 50.00 I PER ( ) c� ,� Q r-,
77.00'
18.00' o
j EAST LINE LOT I I
12, PER O I I
(LOT 12)I IoI
(LOT 13) 15 0 30
I I �7802 GARFIELD I IN FEET
__—__--J I APN 159-151-01 I SCALE 1" = 30'
7802 GARFIELD
APN 159-151-02 I I 0 SAND SG
SE COR LOT I SE COR LOT �y �
VA
2, PER ( ) 3, PER ( )
0
_ EXP. 12-31-07 A
5642�
ACQUISTION AREA €TRACT TRACT�357/44-46< s�9� Gs. 734
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. FOF cA��Fo
€ j=RECORD PER TRACT 5642, 357/44-46 M.M. _
NOTE: LOT B, SHOWN HEREON WAS CREATED PER TRACT 5642, BUT IS UNDEFINED `
THEREON AS TO PURPOSE OF CREATION.
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-01
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit C
Legal Description
The North 20.00 feet, of the West 41.00 feet of Lot 3 and the North 20.00 feet, of
the East one-half of Lot 2, both of the Mountain view Tract, located in the City
of Huntington Beach, County of Orange, State of California, in the Rancho Las
Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps, in
the Recorders Office of said County.
Excepting therefrom the North 170.00 feet, of the West 50.00 of said East
one-half of said Lot 2.
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded June 26, 1944, in Book 1256, page 258 of Official
Records, of said County
Also excepting therefrom an undivided one-half interest in and to the mineral
rights therein, including all oil, gasoline or other hydrocarbon substances
thereunder, and the right to enter in and upon the premises at any time to drill for,
extract and produce said oil, gas and other hydrocarbon substances thereunder, as
reserved in the deed recorded February 27, 1958 in Book 4210, page 222 of
Official Records, of said County.
Containing 1000.0 square feet more or less. ID %_A N o
Exhibit "B" attached and by this reference made a part hereof. �
_ o = o
EXP. 12-31-07
*
tpq L.S. 7340
lF OF
DRAFT
Joseph G. Derleth - _
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02 '�•
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit D
L GARFIELD AVENUE
NE COR LOT NE COR LOT EXISTING RIGHT NE COR LOT
1, PER ( ) 3 ' 2, PER ( ) OF WAY 3, PER ( )
(EAST, 118.00') (EAST, 118.00')
5 9.00'
41.00,_
— — — — — — — — — — —
2a.oo'
50 00,
41.00
(LOTI 2) I 9100 7802 GARFIELD PROPOSED APN 159-151-01
7802 GARFIELD I RIGHT OF I �--EAST LINE, OF APN 159-151-03 I WAY I THE WEST 41.00;
7782 GARFIELD I 7802 GARFIELD
APN 159-151-16 I APN 159-151-02 OF LOT 3
I I EAST LINE LOT 3,---I
EAST LINE LOT 2, --I PER ( )
PER 59.00' 1.00, I (LOT 3) I
I 00' I I
�---WEST LINE EAST I
I %2 LOT 2 I oo
oI I I I o
o I o 3 Z
15 0 30
ZI (LOT 2) I I -- I IN FEET
I SOUTH LINE, SCALE 1" = JO'
NORTH 170.00;
I I OF THE EAST %2 I SE COR LOT
OF LOT
SE COR LOT I (LOT 3) I 3, PER ( )
1, PER ( ) - -
7802 GARFIELD I SE COR LOT �o �ar10 SG
APN 159-151-02 2, PER ( ) zC�
(EAST, 118.00) (EAST, 118.00) EXP. 12-31-07 C;o'
ACQUISTION AREA s,
LS. 7340 �
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M. 'rF of ca��Fo�
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-02 191J. ts
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit E
Legal Description
The Northerly 20.00 feet, of the North 170.00 feet, of the West 50.00 of the east
one-half of Lot 2, of the Mountain View Tract, located in the City of Huntington
Beach, County of Orange, State of California, in the Rancho Las Bolsas, as shown
on the map filed in Book 7, page 1 of Miscellaneous Maps, in the Recorders
Office of said County.
Containing 1000.0 square feet more or less.
Exhibit "B" attached and by this reference made a part hereof.
LAND
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Q l
_ o = o
(]_ EXP. 12-31-07
L.S. 7340
Joseph G. Derleth rF OF cA\-\F
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-03 >f
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhibit F 1� GARFIELD AVENUE
NE CDR LOT EXISTING RIGHT
1, PER ( ) 5 OF WAY NE COR LOT
3 ' 2, PER
(EAST, 118.00')
- - - -59_00' 50.00' - - - - - - - ,
50.00'
20 00' .00'
(LOT 2) I PROPOSED
RIGHT OF
WAY 7802 GARFIELD
7782 GARFIELD I APN 159-151-02
APN 159-151-16 7802 GARFIELD
APN 159-151-03 1
00 59.00'---1 .00'
50.00 I---EAST LINE LOT 2,
1 I PER ( )
z
WEST LINE EAST— (LOT 3)
I 112 LOT 2
EAST LINE LOT 1, 7802 GARFIELD I o
�-- PER ( ) I APN 159-151-03 I ►o�
F �
15 0 30
(LOT 12)I
I SOUTH LINE, I IN FEET
1 LOT
R TH 2, 170. SCALE 1" = JO'
PER
%_ANp SGP
L
(EAST, 118.00') SE COR LOT M. 12-31-07
SE COR LOT 2, PER
1, PER ( ) �� LS. 7340
9TF OF CALV'
= ACQUISTION AREA
( )=RECORD PER- THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7802 Garfield Avenue : APN 159-151-03
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Exhlb It G
Legal Description
The Northerly 20.00 feet of the North half of Lot 1 and the Northerly 20.00 feet
of the West 59.00 feet of Lot 2, both of the Mountain View Tract, located in the
City of Huntington Beach, County of Orange, State of California, in the Rancho
Las Bolsas, as shown on the map filed in Book 7, page 1 of Miscellaneous Maps,
in the Recorders Office of said County.
Excepting therefrom the West 88.50 feet, and the West 11.50 of East 29.50 feet of
said North half of said Lot 1.
Also excepting therefrom the South 150.00 feet, of said 59.00 feet of said Lot 2.
Also excepting therefrom all right, title and interest in and to the mineral rights
therein, including all oil, gasoline or other hydrocarbon substances thereunder,
with the right to enter in and upon the premises at any time, drill for, extract and
produce said oil, gas and other hydrocarbon substances thereunder, as reserved in
the deed from A.M. Elliott and Vera L. Elliott to Daniel Contreras and Ruperta
Contreras, husband and wife, for an undivided one-half interest in said land
recorded June 26, 1944, in Book 1259, page 258 of Official Records of Orange
County, California and as reserved in the deed from Katherine Hendrickson
McDonald, formerly Katherine Hendrickson, to Pete Alvarez and Carmen 4.
Alvarez, husband and wife, for and undivided one-half interest in said land,
recorded February 27, 1958 in Book 4210, page 222 of Official Records of said
Orange County.
LAND S
Containing 1540.0 square feet more or less. ��) G.
Exhibit "B" attached and by this reference made a part hereof. EXP. 12-31-07
L.S. 7340 �P
DRAFT
Joseph G. Derleth
PLS 7340, expires 12/31/07
Legal Description for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
hxn1n1t H GP =IELD AVENUE
NW COR LOT1 NE COR LOT EXISTING RIGHT NE COR LOT
1, PER ( ) 3 , 1, PER ( ) OF WAY 2, PER ( )
(EAST, 118.00') (EAST, 118.00)
11.50'
�88.50' 18.00' S9.00' — 59.00' — —
77.00
5 I 20 00' 04
T 18.00' 59.00,
1.50' I PROPOSED
19002 DELAWARE 29 50'--1 RIGHT OF WAY
APN 159-151-15 � I
1 7782 GARFIELD I 7802 GARFIELD
EAST LINE OF THE--i APN 159-151-16 APN 159-151-03
WEST 88.50' OF i 77.00'
o I LOT 1 8.00' I 59.00' EAST LINE LOT 2,
(LOT 11 ) I I PER ( ) I o0
2 LOTI
�I I ( )
�[—WEST LINE LOT 1,
PER ( )
I I I I 15 0 30 I
I I
EAST LINE OF THE EAST LINE LOT 1,
�EAST 2950 1 ''OF THETHE I PER ( ) IN FEET
LOT 1 I 1 7782 GARFIELD SCALE 1 = 30
APN 159-151-16 �0 LAND s�
SOUTH LINE, NORTH UP. 12-31-07
112, LOT 1 I NORTH LINE, SOUTH
150.00, LOT 2 `�q� LS. 7340 �a�<
F OF CA1.�F�
(EAST, 118.00) (EAST, 118.00)
SE COR LOT — —SE COR LOT
SW COR L 0 T 1, PER ( ) 1, PER ( ) 2, PER ( )
ACQUISTION AREA
( )=RECORD PER THE MOUNTAIN VIEW TRACT, 7/1 M.M.
Plat for Right-of-Way Acquisition
7782 Garfield Avenue : APN 159-151-16
CITY OF HUNTINGTON BEACH low
DEPARTMENT OF PUBLIC WORKS
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SCALE: 1" = 80'
REAL PROPERTY AQUISITION
20 FOOT RIGHT-OF-WAY AT 7782 AND 7802 GARFIELD AVE. '�•
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS A 1 OF 1
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA
92648.
On December 27, 2006, 1 served the foregoing document described as: NOTICE OF
INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR THE ACQUISITION
OF A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 7782 AND 7802
GARFIELD AVENUE, IDENTIFIED AS ASSESSOR PARCEL NOS. 159-151-01, 159-
151-02, 159-151-03, AND 159-151-16 with attached Proposed Resolution of Necessity on the
interested parties in this action by placing a true copy thereof in a sealed envelope addressed as
follows:
SEE ATTACHED SERVICE LIST
a. [ X ] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington
Beach, California. The envelope was mailed with postage thereon fully prepaid. I am "readily
familiar" with the firm's practice of collection and processing correspondence for mailing. It is
deposited with U.S. Postal Service on that same day in the ordinary course of business. I am
aware that on motion of a party served, service is presumed invalid if postal cancellation date or
postage meter date is more than 1 day after date of deposit for mailing in the affidavit.
b. [ ] BY MAIL --By depositing a true copy thereof in a sealed envelope with postage
thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the
address shown above.
C. [ ] BY DELIVERY BY HAND to the office of the addressee.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on December 27, 2006, at Huntington Beach, Califo ia.
CHRISTINA LEONHARD OL
PROOF OF SERVICE LIST
Michael M. Leifer Esther Contreras
Palmieri Tyler Wiener 19535 Oak Tree Lane
Wilhelm& Waldron, LLP Riverside, CA 92580-9494
2603 Main Street
East Tower, Suite 1300 Esther Contreras
Irvine, CA 92614-6228 P.O. Box 2427
Julian, CA 92036
Fidencio Alvarez
18262 Pammy Lane Daniel Gilbert Contreras
Huntington Beach, CA 92648 36045 Madora Drive
Wildomar, CA 81484
Fidencio Alvarez
7802 Garfield Ave. Andrea Contreras
Huntington Beach, CA 92648 36045 Madora Drive
Wildomar, CA 81484
Constance M. Alvarez
1201 Pine Street Raul Contreras
Huntington Beach, CA 92648 19012 Delaware
Huntington Beach, CA 92648
Pete Alvarez
18262 Pammy Lane Delores Contreras Austin
Huntington Beach, CA 92648 4 Arlington
Irvine, CA 92720
Vivian Alvarez
18262 Pammy Lane Thomas Contreras
Huntington Beach, CA 92648 P.O. Box 16425
Irvine, CA 62623
Vivian Alvarez
7802 Garfield Ave. Virginia Contreras
Huntington Beach, CA 92648 19012 Delaware
Huntington Beach, CA 92648
Michael Contreras
P.O. Box 16425
Irvine, CA 62623
RCA ROUTING SHEET
INITIATING DEPARTMENT: City Attorney and Public Works
SUBJECT: Real Property Acquisition of 20-Foot Right-of-Way at
7782 and 7802 Garfield
COUNCIL MEETING DATE: January 16, 2007
jiT
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Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attome Not Applicable
Subleases, Third Party Agreements, etc. Attached
(Approved as to form by City Attome Not Applicable
Certificates of Insurance (Approved by the City Attomey) Attached
Not Applicable
Fiscal Impact Statement (Unbudgeted,,over $5,000) Attached El
Not Applicable
Bonds (If applicable) Attached
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached
Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Not Applicable
M H E S
OUR1ED ... AR ;
Administrative Staff
Deputy City Administrator Initial
City Administrator Initial
City Clerk )
EXPLANATION l it ' USN OF, TEO:
Only)(Below Space For City Cierk's Use
RCA Author:
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