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HomeMy WebLinkAboutResolution 97-9 - Declare surplus property and city quit cla (2) Nb1E : lo-o> 1�fiC�D I�'J C�`TFIS, 'aN OT (ANNt-c ,Ssi).h,\I S1�P T (j3u To N\gAft9v INWnwb EolDVF kacth-\m PutEb> u .1) Cv1�jl Ch�ToN CAM �t212oN�n�nS�� caNN« 12/6(N1 • , .. Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 1111111111111111 No Fee Recording requested by and 19970210645 3;59pm 05/06/97 when recorded,mail to 004 24006035 24 63 CITY OF HUNTINGTON BEACH 001 6 04 0.00 7.00 15.00 0.00 0.00 0.00 0.00 0.00 0.00 2000 Main Street Huntington Beach, Ca. 92648 Attn.: City Clerk MAIL TAX STATEMENTS TO: This document is solely for the official business of the Same as above $f City of Huntington Beach, as contemplated under Gov't P6if7 'M OF 26T•5 79(tO Code Section 6103,and should be recorded free of 7Pn c'r /`/t 62, e F nl1 e ic L ems= cvkcz6" charge Portion of A.P.N. 159-311-015 QUITCLAIM DEED tpl The City of Huntington Beach, a California municipal corporation, hereby remises releases and forever quitclaims to the Huntington Creek Homeowners Association, (the "Association") all of its right, claim, title and interest, whether recorded or unrecorded, in and to that certain real property situated in the City of Huntington Beach, 1.f County of Orange, State of California, as more particularly described on Exhibit "A" and shown on Exhibit "B", both attached hereto and incorporated herein by this reference(the"Property"). (L c) EXCEPTING THEREFROM all oil, gas and other hydrocarbons, geothermal resources, and all other minerals, rj whether similar to those herein specified or not,within or that may be produced from said Property. /CF ��! FURTHER EXCEPTING AND RESERVING THEREFROM the sole and exclusive right from time to time to drill and maintain wells or other works into or through said Property and the adjoining street, roads and highways below a depth of 500 feet and to produce, inject, store and remove from and through such wells or works oil, gas, water and other substances of whatever nature, including the right to perform below said depth any and all operations deemed necessary or convenient for the exercise of such rights. The rights herein above excepted and reserved do not include and do not except or reserve any right to use the surface of the Property or the first 500 feet below the surface of the Property or to conduct any operations thereon or therein. Unless hereinafter specifically excepted and reserved, all rights and interests of the Property are hereby conveyed to Association. FURTHER EXCEPTION AND RESERVING THEREFROM any and all water rights or interests therein,together with the right to grant and transfer all or a portion of the same,no matter how acquired by the City of Huntington Beach, owned or used by the City of Huntington Beach in connection with or with respect to the Property,together with the right and power to explore, redrill, remove and store the same from the Property or to divert or otherwise utilize such water rights or interests on any other property,whether such water rights or interests shall be riparian, overlying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual; but without, however, any right to enter upon the surface of the Property, and also without any right to enter or upon the upper thirty (30) feet of the subsurface of the Property, and also without any right to enter upon the subsurface of the Property in such manner as to materially impair the support or stability of any structures or improvements from time to time located on the Property. This docUme'nt 'fa Solely for the This document is solely for the Tax-Exempt-Government Agency official business o t% ity official business of the City CITY OF HUN1IPJGTON BEACH ItuI.tin-ton antem— of Huntin^ton Beach, as contem— cor a Brockway, CMC , , plated under Government Code City Ce k ;oc, 61.03 aria shculd be recorded Sec. 6103 and should be recorded By: free of charge. ne nhar.^A. sty City Clerk By acceptance and recordation of this Quitclaim Deed, Association, on behalf of itself, its successors and assigns, agrees not to permit the destruction, alteration or any use of the wall separating the Property from Lots 79 and 80 of Tract 14662 as shown on a map filed in book 724, pages 16 through 21, inclusive of miscellaneous maps, records of Orange County. The Property is hereby quitclaimed to Association in its "AS IS"condition. Except for the rights reserved herein this deed is given specifically to release any and all rights, claim, title and interests that may have arisen from any prior use or access upon and/or across all and any portion of the real property described herein. Executed on this day of — , 1997at Huntington Beach, California. City of Huntington Beach a California Municipal Corporation By: Name: 6S a .e i{ E pt Its: m a ,6ti• By: 3/s ?•-- Name:_'Q,u du I E gR o c.14.k Y 1 A Its: Approved as to forwPPRO IL HUTyFD AS GA TO FORM: By: TON Its: City Attorney Gl 1'Y ATTORNEY By: 20546 'A tY City Attorney 0 • (64311 ) EXHIBIT "A" QUITCLAIM TO THE HUNTINGTON CREEK HOMEOWNER'S ASSOCIATION THOSE PORTIONS OF LOTS 79 AND 80, SITUATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, OF TRACT 14662, AS SHOWN ON A MAP FILED IN BOOK 724, PAGES 16 THROUGH 21, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 80 OF SAID TRACT NO. 14662; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT 14662 SOUTH 00°18'11" WEST 50.89 FEET; THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 00°19"00" WEST 6.81 FEET; THENCE LEAVING SAID EASTERLY BOUNDARY NORTH 22°26'30" WEST 51.71 FEET; THENCE NORTH 00°16'12" EAST 10.00 FEET TO THE NORTHERLY BOUNDARY OF SAID TRACT 14662; THENCE ALONG SAID NORTHERLY BOUNDARY SOUTH 89°43'48" EAST 20.00 FEET TO THE POINT OF BEGINNING. AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 21948 EXHIBIT "B" Sketch to Accompany Legal Description N89'43'48"W ,-P.O.B. 20.00' -----_ N89'43'48"W , J N130\6 N�0� w �w (15o 0 0 0 z PARK FOREST DRIVE • •• . z p w .. ,r-'‘/ < Q w --I 2 Hunsaker & Associates QUITCLAIM Irvine, Inc. - - Three Hughes, Irvine, CA 92718 •(714) 583-1010 Planning • Engineering • Surveying CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA DATE: 8-30-95 DATE 10-10-95 'By: V. Edge By:0 WG H. Foss SCALE - 1"=40' W.O. 1078-14662-D-X K \DT\1078\14662\CALC\LD\3932\EXHIBITB.DWG VG 1078-1 H&A LEGAL No. 3932 SHEET 1 OF 1 w ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �a�,,c<z‹`.,&,z4soC\',z< ,�.;cC>cC.cN.c�C'.c,,,,,<,zG.ercrc.",v, ,cr .c.C,,e:,,,<:x'cl >c<, cC.e6 e<.c rc�'.c,,,,c<,,,te:e, ,,,,,,,,c;<%.,,,,,,.,,Y0 (( l ( State of (e (, County of 0� s ( Onrc.� 3, 9 97 before me, �1J � L r ,) (e. a Date t Name a Title of Officer(e.g., Jane Doe,Nota ublic") k personally appeared v]o44,-ti2u-cA) o iName(s)of Signer(s) • 9 (e: personally known to me- e o me on a asls o sa I to be the persons c whose names)+stare subscribed to the within instrument , ((i and acknowledged to me that tteishc/they executed the 's q -''"`•---'`"-'---- --- °-- ---- same in hi3/heetheir authorized capacity(ies ,and that by �� �.:. ' hi3/hcr}their signature(s,�on the instrument the persons , ,) ` ,�'��,, al�AYsrr1cE r. losinisory > z .;� COMM.#991835 x or the entity upon behalf of which the person(s) acted, k q z .1 p Notary Public--California executed the instrument. ORANGE COUNTYsru (' My Comm.Expires MAY 11, 1997 ^>�''6,0 9 -r "'- r WITNESS my hand and official seal. `3 Signatur Notary Public (k OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent (. fraudulent removal and reattachment of this form to another document. F. 9 k Description of Attached Document s �e Title or Type of Document: Q R P #" IS 9- 31I -0 IS ,Document Date: /3/97 Number of Pages: q .3 (e'.: 9l C( r�-� � % Signer(s) Other Than Named Above: C-. ,A or i Capacity(ies) Claimed by Signer(s) g (: Signer's Name: bad✓ ‘.cr, ., Signer's Name: rf 9 �e ❑ Individual ❑ Individual y 4 ❑ Corporate Officer ❑ Corporate Officer (A Title(s): Title(s): ,) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ( ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee , RIGHTTHUIVBPRINT RIGHT THUMBPRINT �, ❑ Guardian or Conservator oFSIGNER ❑ Guardian or Conservator OF SIGNER (C ik- they: c�. Top of thumb here I 'Other: e. ..A., Top of thumb here ' l' -,,„' ($ Signer Is Representing: "•,'' Signer Is Representing: r' l''',;-',,,',47$•., ,,,.!,•:.' • 4 (7S 71-41". "-) % '' 0 I 6• - •ec,._t^gtx,c'c-t^r<;-c,,o`Ec,` ^cv^ ,ct;�t;c-e sct; ;e.e>co i`ee � t=v�.,,--c<:,,,o, ,,,,_c"(.x. e. >ee. :�v^c.<•<=vc.,,r .,cc,,,cc^ ^<,y,,i, ©1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 • • ;, en% - CITY OF HUNTINGTON BEACH ;p; • CALIFORNIA 92648 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 3, 1997, from Huntington Creek Homeowners Association to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: May 2, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: eputy City Clerk g:\followup\deedcert 5/2/971 deedcert:HuCreek:jc / 6/tit 46ezeetc OA" n CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK May 2, 1997 Gary L. Granville, County Clerk-Recorder P. 0. Box 238 Santa Ana, California 92702 Enclosed please find deed No. 5611 to be recorded and returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648. Please conform the enclosed copy of the deed and return to this office in the enclosed self-addressed stamped envelope. 6.7..„, Connie Brockway, CMC City Clerk CB:jc Enclosure: Deed No. 5611 -Huntington Creek Homeowners Association g:/followup/dcedltr/HuCreck jc (Telephone: 714-536-5227) . _ 7 ' ti\ J. fn' CITY OF HUNTINGTON BEACH • 41 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION This is to certify that the interest in real property conveyed by the deed dated March 3, 1997, from Huntington Creek Homeowners Association to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach, pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: May 2, 1997 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: eputy City Clerk g:\followupldeedcert 5/2/971 deedcert:HuCreek:j c (Telephone: 714.536-5227) 9//i uJa y t:A."o , a g . ) f Ch� ( 4r/qT) '- �' ,)/�c..) (�zL�t' �` .4.a ,tzun. 4444)54644'.. .Bo `C4 1141 Council/Agency Meeting Held: a1j,e/97 6$o Deferred/Continued to: p Approved ❑ Conditio(na.l1Jy Approv d ❑ Denied City Clerk's ignature Council Meeting Date: February 18, 1997 Department ID Number: PW 96-083 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator�� PREPARED BY: IT LES M. JONES II, Director of Public Works SUBJECT: Quitclaim Deed -- Huntington Creek Homeowne4 Association Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The Huntington Creek Homeowner's Association has requested that the City quitclaim, to them, a portion of Lot Nos. 79 and 80 within Tract No. 14662. Funding Source: Not applicable Recommended Action: Adopt the attached resolution No. ci'T- declaring that the public interest and necessity requires the deposition of certain surplus property, generally described as a portion of lot Nos. 79 and 80 within Tract No. 14662. In addition, authorize execution by the Mayor and City Clerk of the Quitclaim Deed from the City of Huntington Beach to the Huntington Creek Homeowner's Association for a portion of Lot Nos. 79 and 80 within Tract No. 14462 and instruct the City Clerk to have the document recorded with the Orange County Recorder's Office, Alternative Action(s): Deny the recommended action. kr QUEST FOR COUNCIL ACTiunI MEETING DATE: February 18, 1997 DEPARTMENT ID NUMBER: PW 96-083 Analysis: The area in question was originally designated as a waterline easement dedicated to the City, however, due to a design change in the Parkside Development, it was never recorded as such. The alignment of an existing block wall across the rear of Lots 79 and 80 (Tract No. 14662) of the Parkside Development, has left this area as an inaccessible parcel of land to the property owners of these two lots. The Huntington Creek Homeowner's Association wishes to assume ownership of this parcel and combine it with a vacated portion of Huntington Street they acquired on February 6, 1995 by Resolution No. 6664 to enhance their parking and landscape area. The City acquired ownership of said parcel on June 17, 1996, when the City Council accepted a quitclaim deed from the Huntington Beach Co., owner of the parcel at that time. The Huntington Beach Co. would have normally conveyed the property directly to the Huntington Creek Homeowner's Association, however, the property could not be conveyed directly to another private party unless a lot line adjustment (including the Huntington Creek project) or a parcel map creating the additional parcel(s) was recorded. Both of these would have entailed considerable processing time and engineering cost. Upon approval of this request, the Huntington Creek Homeowner's Association will own the parcel of land. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number ................................................. 1 Location Map 2 Quitclaim Deed 3 Resolution No. 97-1 0021943.01 -2- 02/04/97 3:38 PM ,•._,. ._.... „_______„1, / � , L______)/(--- __, NOT TO SCALE ' n ELLIS AVE. ''r �i iC 1 0 I) o _ . - AREA OF QUITCLAIM 1_ O O I O J m C . , . , , , . c,, . 7 1 [GARFIELD AVE.] r 1 ( ir 1 r ATTACHMENT No. 1 D OCAPON MAD o CITY OF HUNTINGTON BEACH `'' 0 DEPARTMENT OF PUBLIC WORKS HUNTCREK I RESOLUTION NO. 9 7-. 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE DISPOSITION OF CERTAIN SURPLUS PROPERTY, GENERALLY DESCRIBED AS A PORTION OF LOT NOS. 79 AND 80 WITH TRACT NO. 14462 WHEREAS, the City of Huntington Beach is the owner of certain real property, generally described as a portion of Lot Nos. 79 and 80 within Tract 14462, and more particularly described as: THOSE PORTIONS OF LOTS 79 AND 80, SITUATED IN THE CITY OF HUNTINGTON BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA, OF TRACT 14662,AS SHOWN ON A MAP FILED IN BOOK 724, PAGES 16 THROUGH 21, INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 80 OF SAID TRACT NO. 14662; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT 14662 SOUTH 00°18'11" WEST 50.89 FEET;THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 00°19'00"WEST 6.81 FEET;THENCE LEAVING SAID EASTERLY BOUNDARY NORTH 22°26'30"WEST 51.71 FEET; THENCE NORTH 00°16'12" EAST 10.00 FEET TO THE NORTHERLY BOUNDARY OF SAID TRACT 14662;THENCE ALONG SAID NORTHERLY BOUNDARY SOUTH 89°43'48" EAST 20.00 FEET TO THE POINT OF BEGINNING. The City Administrator has recommended to this Council that such real property be declared surplus; and Huntington Beach Municipal Code Section 3.06.010(b) authorizes the City to dispose of surplus property, and sets out procedures therefor, NOW, THEREFORE, the City Council of the City of Huntington Beach does find, determine and resolve as follows: 1. That the real property described hereinabove is surplus and that the public interest and necessity requires the disposition thereof. 2. That the City of Huntington Beach acquired such real property by grant deed from the Huntington Beach Company. i } jmp/k/resolution/surplus/1/6/97 3. That the City Administrator is hereby authorized and directed to execute all documents and take all steps necessary to dispose of such real property, pursuant to the determinations of this Council and the procedures set forth in Section 3.06.010 of the Huntington Beach Municipal Code PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 t h day of February , 1997. _'P .. ) Mayor ATTEST: essodwer APPRO ED AS TO FORM: City Clerk /.34 7City Attorney ---251T113j16, REVIEWED AND APPROVED: IN ED AND AP ROVED: City ATministrator ` ?� Director of P c-t Orks n jmp/k/resolution/surplusfl/2/97 9 7-9 I' Res. No. 97-9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, 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 a regular meeting thereof held on the 18th day of February, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: ef/sfaf; 64‘44467°- City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California G/resolµti/resbkpg/97-11