HomeMy WebLinkAboutResolution of Necessity 2004-84 Approving the Acquisition of 1
Council/Agency Meeting Held: /OAS-Z
Deferred/Continued to: .,
Approved ❑ Conditionally Approved ❑ Denied 2�,pr,��/ City?rk'VSign6bre
Council Meeting Date: October 4, 2004 Department Number: PW 04-077
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COU I MBERS -R
SUBMITTED BY: PENELOPE C BR�RAFT, City Adm7istrrator I
PREPARED BY: ROBERT F. BEARDSLEY, PE, Director of Public Work/
CLAY MARTIN, Director of Administrative Services `�
s
SUBJECT: ADOPT RESOLUTION OF NECESSITY FOR ELLIS AVENUE-*I ING,
CC-891 ��� ; ✓o.
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: This Resolution will authorize the City's use of its eminent domain
power to acquire right-of-way for the Ellis Avenue Widening Project, CC-891.
Funding Source: Property acquisition is budgeted in Traffic Impact Fund, Street Widening,
Land Purchase, Business Unit 20690001.81100.
Recommended Action: (5 affirmative votes required for adoption)
Motion to:
Adopt Resolution No. aoa 1/- �yL , 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 8101 Ellis Avenue, Assessors Parcel No. 157-343-18, by eminent domain to
permit street widening.
Alternative Action(s):
Do not authorize the resolution and direct staff on how to proceed. This action will
jeopardize the start date of the Orange County Water District Groundwater Replenishment
Project.
I
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: October 4, 2004 DEPARTMENT ID NUMBER: PW 04-077
Analysis:
Street widening on the north side of Ellis Avenue, east of Beach Boulevard, is required to
meet the daily traffic demands as indicated in the City's General Plan. To widen the street, it
is necessary to acquire ten feet along the frontage of three parcels of land. The City's Real
Estate Services Division has offered fair market value, based on independent appraisals, to
the owners of the three effected parcels. To date the owners of two of the parcels have
accepted the City's affected offers. The owner of the third parcel, Parcel No. 157-343-18,
has rejected the City's offer. By this resolution, the City Council is authorizing the use of its
eminent domain power to acquire a fee simple absolute interest in and to the property.
In 2002, the City entered into an agreement with the Orange County Water District (OCWD)
to construct the Ellis Avenue Widening Project as part of the Groundwater Replenishment
System Project in this area. The OCWD recently issued a Notice to Proceed to the project
contractor. As time is of the essence, and to avoid any potential delay claims from the
contractor, it is necessary to acquire the remaining property as soon as possible. Upon
adoption of this resolution, the City Attorney will file documents with the Orange County
Superior Court to obtain pre-judgment possession of this property through eminent domain
proceedings with just compensation to be determined by the Court.
Pursuant to California Code of Civil Procedure Section 1245.240, this Resolution of
Necessity requires a two-thirds vote of all Council members (which means 5 affirmative
votes) for adoption.
Public Works Commission Action: Not required.
Environmental Status: The City approved Negative Declaration No. 93-7 regarding the
Ellis Avenue Widening Project.
Attachments):
NumberCity Clerk's
Page • Description
1. Resolution No. d0 - of
2. Location Map
3. Hearing Notice
4. Offer to Acquire Property
RCA Author: T. Broussard
G:\R C A\2004\04-077 Oct 4 Broussard (Reso_Ellis).doc -2- 9/22/2004 11:46 AM
ATTACHMENT # 1
RESOLUTION NO. 2004-84
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.8.10.1 ELLIS.AVENUE,'AS.SESS.OR'S PARCEL
NO.. 157-.343 8.1
BY EMINENT DOMAIN TO PERMIT STREET WIDENING
WHEREAS, the project for purposes of this acquisition consists of the widening and
improving of Ellis 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 157-343-
I8 and whose address is 8101 Ellis Avenue;which real property is more particularlydescribed 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 north side of Ellis Avenue in the City;
and
An Assessor's parcel map showing the general location of the Property is attached hereto
as Exhibit C and by this reference is incorporated herein; and
The:City Council has determined that it is in the interest of the;City to widen Ellis
Avenue in accordance with the Project; and
Pursuant to Government Code § 65402, on July 27, 2004, the Planning Commission of
the City of Huntington Beach adopted General Plan Conformance No. 04-02 and Resolution No.
1592 stating the findings and determinations of the Planning Commission that the location,
1
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
Resol _on No. 2004-84
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
7
the right to be heard on said matter pursuant to the Code of Civil Procedure § 1245.235; and
A public hearing was held by the City Council on October 4, 2004,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.cotnpensation.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
2
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
aReso0ion No. 2004-84
specifically the Circulation Element, calls for the expansion of
Ellis Avenue in the manner contemplated by the Project. In
addition, the Ellis Avenue road widening:is designedto relieve
traffic congestion,increase the capacity of the street and provide
continuity in the roadway alignment.
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 which will enhance the utility
of the area by improving traffic safety and circulation for all those
traveling on Ellis Avenue. _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 th- parcel taken, and
to minimize impacts to the residence located on 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
3
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
Resoluti( ` No. 2004-84
existing roadway. Without inclusion of the Property,the Project
could not be completed.
E: That the City approved Negative Declaration No. 9�-7 regarding
the Project.
F. That an offer of just compensation pursuant to Government Code §
7267.2 has been made to all owners of record of the Property by
way of letter, dated September 30, 2003,that reasonable diligence
has been used to locate every interested owner,that the City's offer
of just compensation was based on appraisal of the Property, and
that the City's offer was for the full appraised amount. City staff
has negotiated with the record owners subsequent to this offer, but
such negotiations have not proved successful in securing the
necessary property interests outside of more formal proceedings.
G. That due to the refusal of the owners of record to accept the City's
offer of just compensation,the Project cannot be completed except
by the City Council's power of eminent domain.
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
4
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
Resolutio. 4o. 2004-84
Property in the City's name in accordance with the provisions of the laws of the State of
California.
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 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.
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 4th day of October 2004.
REVIEWED AND APPROVED: Az�
May
APPROVED AS TO FORM:
City Ad inistrator
.0 9 a-oAqy
r---"City Attorney 9 'Zo 0 9
INI D AND APPRO ED:
Director of Public Works
5
g:/Resolutions/2004/Resolution of Necessity for Ellis Avenue
A 4,ES(oMcIA.77010 /W
E.41F/411T o
Exhibit— A
Legal -Description
A portion of land located in the City of Huntington Beach, County of
Orange, State of California, in the Rancho Las Bolsas,. also being a
portion of the southwest quarter, of the southwest quarter, of the
northwest quarter, Section 36, Township 5 South, Range 11 West, San
Bernardino Meridian, as shown on the map filed in Book 51 , page 13
of Miscellaneous Maps in the Recorders Office of said County more
particularly described as follows:
The northerly 10 feet of the southerly 30 feet of the land described in
the Grant Deed to John P. Craney an unmarried man and Daniel V.
Craney, a single man, as joint tenants recorded as document number _
19950466393 of Official Records, in said County.
Subject to all Covenants, Rights, Rights—of—Ways and Easements of
Record.
Exhibit "B" attached and by this reference made a part hereof.
LANp sGP
EXP. 12--31-05
sl9T S. 73Q
Joseph G. Derieth FOF' CPA&\1 �-
PLS 7340 expires 12/31 /05*
M:\Drawings\Survey\E3IisROWPlats\E3I'isROWLegals.dwg
Legal Description for Right—of—Way Acquisition
for 8101 Ellis Ave •�,
CITY OF HUNTINGTON BEACH t
nFPARTMFNT OF PUBLIC WORKS
74ESoc.u-77 aJ NO- oWo��L --
-min 7-
qw
Talloect
NW CarI CN89°34'38'E, 2639.23'3 Y
Sec 36, North line Sec 36, T5S, R11W
T5S, R11W. N1/4 Car
Sec 36, +>
N89`35155'E, 65.30' TSS,Ri1W, (/1
r,3
a �� i 3
rl I Z i 3:
CD
75 (4I 3 o s
U� 6 10 0 20 z
p4 ZD o 3 �
Cn ^ I d' o Lv
-� U I CDCD o SCALE 1" = 20'
U Q C 8101 ELLIS v
d APN 157-343-18
Cu
3 i o
� i Doc. No 19950466393 _ u
14 I � n,: 3 -
� I Of Records 0 CU
Qj CD 0
z N89°35'55'E, 65.32' U' C)
T �7-/ O
/ 10,p0' Wz� // //� Center of
C4 f i Sec 36,
T5S, R11W.
20-00' 3='4/193 Deeds 20100�
I 1 1 65.33'
W1/4 Car660-33'
Sec 36, I CN89"35'55'E, .2641,32'3
T5S, R11W, E l l I S A \/ e SE Cor, 4,NW1/4
Q = N89°3555'E,(595,00') Sec 36, I
T5S, R11W,
( )=record per Doc, No 19950466393 ❑,R,
C 3=record per Parcel Map 85-330, filed in 246/45-47 of P.M.
7 771 = Acquisition - Area
M.\drawin s\Surve \EIIisROWPlats\QIisROWPIatsE_OBch.dw Exhibit "B"
Right of Way acquisition plat for 8101 Ellis Ave
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
00 V
8 �
2aWM
wa� FOR S.W.//4,N.W.//4,SEC.36, r.55.,R.//W. �� 157-34
35
t� w c.e.er t •e' • •" 'd ALLEY 'a _
. m•. Le'
O /s . rJ O� 't • 20 •� � ti.
rr•.•f• . IV i7 :
,•.a g
cv
S P.M. L! ! Is' ef• •.f' •n .fe.ei•
W.
•r► r '
•.t.f r ft�/4EZLE .•�
F� tre.tf• �jj�yy.. .� w •• �/,GZ
IJ1-JS .I 18 ,r•r . w
17 i O ® O O O '' ; :I
a fs•e' -r•/.ee• td +� O a e e !I reeTit
4 OY.l.6�J
8 34 i k " ' �..• f.., so :/ NO. 7512 t
} O y •• ALLEY 1 Ss we w na fd I J e.fa f •f'0
� IB • ff• ° O � u r o1
2 fe.es• r•c.,•' tl r • - r.t•• 7RACr
F Q • .eJi' • 4 11.04' ceD i Io •I O N
M fm`I •16
r O
n 14 * 2B 27
PAR/ M
/sty L •` � : T -
O . w IZ O /O M
! P,r.lte•�
ID m LA=P1fLMA A AWAVE f• O
112' rfafo•
�° •/ fro 18 i
O � till/Gw•
op.Ntd-4I AIRI 12 rt+■'' 21 O'o 23 a 17 R 14 n►•' r /L
/.SIAC. .! ra•! b f0
n NO, 7
r•
r•I.w• 16 S
13
IV
�� • 0 a 8 O to � � k ®° 19 �A 19 � / le 4.9
la
•3 a—! Eft L/S4 Z L—� �-- 8 ---� AVEAVE —! 2
•Y
rA
tcwc 47
///� Jf-!./i TRACT AR7 4027 M M. /56-/�/6 DARKENED ARE IVl7TE-AssEssoR's Bioac a AssEs57 MAP �� �*`� ///973 TRACT ow 75/2 M M z97-20,21 APPROXIMATES ^"�� NUMBERS Boar 157 OR 34 3
PAfiM MAP P. M. 24-44 SHOWN IN CIRCLES 50 COUNTY or•oRANBE
FARCU MAP • P. M. 38-/6 PROPERTY TO BE
PARCEL MAP P. M. 39- 2,246-45
ACQUIRED BY EMINENT
DOMAIN
Res. No. 2004-84
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly appointed, 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 membersW'
said City Council at an regular meeting thereof held on the 4th day of
October, 2004 by the following vote:
AYES: Sullivan, Hardy, Green, Boardman, Cook
NOES: Coerper„
ABSENT: (Vacant Position Unfilled)._
ABSTAIN: None
C Clerk and ex-offici Jerk of the
City Council of the City of
Huntington Beach, California
ATTACHMENT #2
��G�a 9tiO�
i
rMc
LSA AVE. CO �—
r rwFADDEN N VE.
r
ZEDINGER �'
TALBERT AVE.
p CHEIL 0 a % w3 a AVE.m
z /
N ¢ WARNER M `'� Jo AVE. J
SLATER AVE. a 405 Q Lo
m
TALBERT AVE. rJ
PACIFIC 9C." ELLIS A . O I
Q O
- I �� > — I ELLIS A VE.
GARFIELD -' A—
V) � m 2 l
O Ir
t^ g� YORKTOWN AVE. ; /'T
� Q
O k, J
O� ADAIAS AVE. PROJECTINDIANAPOLIS AVE. =
cF y� o o m GARFIELD A VE.
TLANTA¢ z s AVE.
N \
U W �Dn \
Z
w HA LTOfV AVE.
OCEAN
BANNING
AVE.
VICINITY MAP LOCATION MAP
N.T.S. N.T.S.
ELLIS AVENUE STREET IMPROVEMENTS
CC-891
ATTACHMENT #3
OFFICE OF
CITY ATTORNEY
�pMtIb6T0�
�_�-;•.Bf,�, P.O.Box 190 Paul D,
Alessandro,Assistant City
Attorney .
2000 Main Street
Scott Field,Assistant City Attorney
Huntington Beach,California 92648 heal Moore,Sr.Deputy City Attorney
f�ouerr Telephone: (714)536-5555 Lee Burke,Deputy City Attorney
Facsimile: (714)374-1590 John Fujii,Deputy City Attorney
Jennifer McGrath Leonie Mulvihill,Deputy City Attorney
City Attorney Sarah Sutton,Deputy City Attorney
September 14, 2004
NOTICE OF INTENTION TO ADOPT A
RESOLUTION OF NECESSITY FOR ACQUISITION OF A PORTION OF
CERTAIN REAL PROPERTY LOCATED AT 8101 ELLIS AVENUE IN THE
CITY OF HUNTINGTON BEACH AND IDENTIFIED AS
ASSESSOR PARCEL NO. 157-343-18
VIA HAND DELIVERY
TO: JOHN P. CRANEY
DANIEL V. CRANEY
8101 Ellis Avenue
Huntington Beach, CA 92646
VIA OVERNIGHT DELIVERY AND CERTIFIED U.S. FIRST CLASS MAIL
RETURN RECEIPT REQUESTED
TO: JOHN P. CRANEY
DANIEL V. CRANEY
2042 San Diego Drive
Corona, CA 92882
This notice is sent to you under the requirements of California Code of Civil
Procedure Section 1245.235. This notice concerns a portion of certain real property
located at 8101 Ellis Avenue in the City of Huntington Beach, identified as Assessor
Parcel No. 157-343-18, and more particularly described in the legal description and
illustration,respectively attached hereto as Exhibit A and Exhibit B (the "Property"). The
City of Huntington Beach (the "City")has identified the need for the acquisition of the
Property for accommodation of a roadway widening project for Ellis Avenue (the
"Project"). You were previously contacted by an appraiser retained by the City and given
an opportunity to accompany the appraiser on an inspection of the Property.
G:\FUJII\2004\Notice re Resolution of Necessity for 8101 Ellis Ave.DOC
JOHN P. CRANEY
DANIEL V. CRANEY
Re: 8101 Ellis Avenue, Huntington Beach, CA
September 14,2004
Page 2
California Code of Civil Procedure Sections 1240.030 and 1245.230 provide that
the power of eminent domain may be exercised to acquire property for a proposed public
project if the following conditions are established:
A. The public interest and necessity require the Project;
B. 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. The property sought to be acquired is necessary for the Project;-and
D. The offer required by Section 7267.2 of the California Government Code
has been made to the owner or owners of record.
This notice is sent to inform you that the Huntington Beach City Council will be
asked to decide if the above conditions are met concerning the City's acquisition of the
Property. This meeting will be held at or about 7:00 p.m. on October 4, 2004 in the City
Council Chambers located at 2000 Main Street, Huntington Beach;California 92648. If
these conditions are met,the City Council will be asked to adopt a resolution of necessity,
which is a prerequisite for the City's initiation of eminent domain proceedings to acquire
the Property.
Please be advised that you are entitled to appear and be heard on any of the
matters encompassed by the resolution, specifically those matters listed above, and
whether the City has the legal right and has followed the procedures required to acquire
the Property by eminent domain. If you desire to appear and be heard, please file a
written request to appear with Joan Flynn, City Clerk, at City Hall for the City of
Huntington Beach, at the above address no later than October 4, 2004.
Please note that your failure to file a timely written request to appear and be heard
at the October 4, 2004 hearing may result in a waiver of that right. Please also take notice
that if you wish to legally challenge any action taken by the adoption of the resolution of
necessity, any of the findings or matters included within it, or any of the actions taken
pursuant to it, you may be limited in court to raising only those issues raised at the
resolution of necessity hearing, or in written correspondence delivered to the City at, or
prior to,the hearing on the matter.
The City must adopt a resolution of necessity before an eminent domain
proceeding can commence. Within six (6) months after the adoption of a resolution of
necessity, the City may commence eminent domain proceedings in the Orange County
2
G:\FU]11\2004Wotice re Resolution of Necessity for 8101 Ellis Ave.DOC
JOHN P. CRANEY
DANIEL V. CRANEY
Re: 8101 Ellis Avenue, Huntington Beach, CA
September 14, 2004
Page 3
Superior Court. In any such proceeding,the court will be asked to determine the amount
of just compensation to which you may be entitled in the event the Property is taken in
eminent domain.
A copy of the proposed resolution of necessity will be available for inspection at
the office of the City Clerk, located at 2000 Main Street, 2"d Floor, Huntington Beach,
California on October 1,2004.
If you have any comments or questions,please do not hesitate to call Deputy City
Attorney, John M. Fujii, at (714) 536-5555. Thank you for your cooperation in this
matter.
Very truly yours,
JENNIFER McGRATH
City Attorney
By
JOHN M. FUJII
Deputy City Attorney
Exhibits as noted
3
GAFUJIM00ANotice re Resolution of Necessity for 8101 Ellis Avc.DOC
Exhibit A
Legal . Description
A portion of land located in the City of Huntington Beach, County of
Orange, State of California, in the Rancho Las Bolsas,. also being a
portion of the southwest quarter, of the southwest quarter, of the
northwest quarter, Section 36, Township 5 South, Range 11 West, San
Bernardino Meridian, as shown on the map filed in Book 51, page 13
of Miscellaneous Maps in the Recorders Office of said County more
particularly described as follows:
The northerly 10 feet of the southerly 30 feet of the land described in
the Grant Deed to John P. Craney an unmarried man and Daniel V.
Craney, a single man, as joint tenants recorded as document number
19950466393 of Official Records, in said County.
Subject to all Covenants, Rights, Rights—of—Ways and Easements of
Record.
Exhibit "B" attached and by this reference made a part hereof.
A N 0 SG�`
EXP. 12-31-05
S.Joseph G. Derleth �l9rF OF. ca�
PLS 7340 expires 12/31 /05
M:\Drawings\Survey\DIisROWPIaU\EIWOWLegals.dwg
Legal Description for Right—of—Way Acquisition
for 8101 Ellis Ave •�, ,�
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
Ask
Tall r- t
i CN89°3438'E, 2639,23'1NW Cor r-
S c 36 7 , North line Sec 36, T5S, R11W
T5S, R11W, N1/4 Cor
Sec 36, 4-'
, (�
N89'35'55"E, 65.30' T5S. R11W.
i Pr 75
£ i 3 CS
ry
75 vil 3 0
> Lr) 0 10 0 20 \ Z
0 3
i� o
gyp' �0 0 ;-. 3
M dCD �-
0 o SCALE 1" = 20' o
U ^E�1171 ELLIS v
in
d Anti 157 343-1b
o
Pq i Doc, No 19950466393
i i Io � u
,
Oficial Records 10
o
3 o z.
z N89°35'55'E, 65.32' Ln C)
d O
/ / /
� Center of
C4 , i Sec 36, 1
T5S, R11W,
20.00' 324 0 Deeds 20.00
65,3_3' _
W1/4 Cor 660.33'
Sec 36, 1 CN89'35'55'E, 2641.32'1
T5S, R11W. I SE E l l i s A V e SW1/4,^�NW1/4,
10 = N89°35'55'E,(595.00') Sec 36, i
( )=record per Doc. No 19950466393 OR T5S, R11W.
C ]=record per Parcel Map 85-330, filed in 246/45-47 of P.M. '
f / = Acquisition Area „
M:\&rawin s\Surve \EllisRO%Plats\Ellis.ROWPIctsE-08chAwg Exhibit B
Right of Way acquisition plat for 8101 Ellis Ave
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
ATTACHMENT #4
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
REAL ESTATE SERVICES
September 30,2003
John P. Craney&
Daniel V. Craney
8101 Ellis Avenue
Huntington Beach,CA 92646
Re: Ellis Avenue Widening Project CC891
Dear Mssrs. Craney:
The City of Huntington Beach has determined that a portion of your property referenced
above and in the attached documents is required for the widening of Ellis Avenue and the
related improvements.
The necessary right of way,for construction of the project as proposed,is legally
described in the Grant Deed as Exhibit"A", and shown on the attached right of way plat
for your specific parcel.
An appraisal was performed to determine the fair market value of that portion of your
property required for the project and any improvements located within the required right
of way. Any damages, as a result of the construction of the project as proposed,to the
remainder have been identified and described as a separate line item in the summary of
just compensation.
This offer represents the full amount believed by the City of Huntington Beach to be just
compensation for the property and is not less than the approved appraisal of the fair
market value of the property to be acquired.
This offer disregards any increase or decrease in the fair market value of the real property
to be acquired prior to the date of valuation caused by the public improvement for which
the property is to be acquired.
The City of Huntington Beach will make every effort to successfully negotiate the
purchase of the necessary right of way for construction of the project as proposed, and
you will be given a reasonable opportunity to present material which you believe to be
relevant as to the issue of value and to suggest modification in the proposed terms and
conditions of the purchase.
If you ultimately elect to reject the City of Huntington Beach' s offer 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.
Valuation Summary Statement
Basis of Valuation:
Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: .
a) The fair market value of the property taken is the highest price on the date of
valuation that would be agreed to by a seller,being willing to sell but under no
particular or urgent necessity for so doing, nor obliged to sell, and a buyer,
being ready,willing,and able to buy but under no particular necessity for so
doing,each dealing with the other with full knowledge of all the uses and
purposes for which the property is reasonably adaptable and available.
b) The fair market value of property taken for which there is no relevant,
comparable market is its value on the date of valuation as determined by any
method of valuation that is just and equitable.
Recent sales of comparable properties and income data are utilized as appropriate. Full
consideration is given to zoning, development potential and the income the property is
capable of producing.
Owner of Record: John P. Craney,a married man and Daniel V. Craney, a
single man as joint tenants
Assessor Parcel Number: 157-343-18
Situs: 8101 Ellis Avenue
Huntington Beach,CA 92646
Legal Description: The south 170.00 feet of the Southwest Quarter of the
Southwest Quarter of the Northwest Quarter of Section 36,
Township 5 South,Range 11 West of the San Bernardino
Meridian, as per map recorded in Book 51,Page 13 of
Miscellaneous Maps, in the Office of the County Recorder
of said county.
Except the west 595.00 feet.
Also, except 75%of all oil, mineral, gas and other
hydrocarbon substances in, on and under said land; as
reserved in the deed from Tarvar Montgomery and wife to
L.G. Patterson and wife,recorded December 17, 1943 in
Book 1216,Page 259, Official Records.
Interest Valued: Fee Simple Estate
Date of Valuation: June 18, 2003
Anniicable Zoning: RM,Medium Density Residential
Area to be Acquired: 10-foot wide strip of land containing 652.50 square feet
and associated fencing and landscape.
Hiebest and Best Use: Current Use
Current Use: Residential,single story with attached two-car garage.
Auoraisal Summary
1) Value of the whole(using Sales Comparison) $395,000
2) Value of the part taken $ 21,000(R)
Land(using Sales Comparison) $ 19,575
Improvements $ 1,300
a) Concrete Driveway,72 sf
b) Fencing, 521f
c) Grass area, 319.5 sf
d) Specimen Plants,2 plants
3) Value of the remainder as part of the whole (1-2) $ 374,000
4) Value of the remainder as a separate parcel $ 374$000
5) Severance damages(3-4) $ 0
6) Benefits $ 0
7) Just Compensation (2+5-6) $ 21,000
Please review carefully the attached"Agreement for Purchase and Sale of Real Property
and Escrow Instructions" and related conveyance documents.
If the offer is acceptable to you,please sign the documents where indicated and have your
signature notarized on the Grant Deed only,as it is the only document to be recorded.
I have enclosed a preaddressed return envelope for your convenience. On receipt of the
executed documents,I will promptly open escrow and facilitate the timely closing of
escrow to get your compensation to you.
Please call me,or my secretary,to schedule a mutually convenient time to discuss the
project and this offer package should you have any reservations or concerns regarding
this matter.
I can be reached at 714/536-5544,and my Administrative Aide Mavic Hizon at 714/374-
1567,between Sam and 5pm,Monday through Thursday.
I look forward to working with you on this project.
Sincerely,
Michael L. Heineke,Real Property Agent
Real Estate Services Division
Attachments: Valuation Summary Statement
Principal Transactions(Vacant&Improved)
Agreement/Escrow Instructions
Grant Deed/Acknowledgement
Right of Way Plat
Return Envelope
cc: Parcel File
LIST OF PRINCIPAL TRANSACTIONS—VACANT
APN: 025-163-02
1015 Florida Street
• Huntington Beach,CA
Sold 4/30/2002
$465,000
APN: 023-062-01
1851 Park Street
Huntington Beach,CA
Sold 5/17/2002
$347,500
APN: 167-482-03
8261 Darcy Drive
Huntington Beach,CA
Sold 10/1/2002
$260,000
APN: 167-321-17
17062 "A' Street
Huntington Beach,CA
Sold 12/6/2002
$285,000
APN: 025-161-11
1214 England Street
Huntington Beach, CA
Sold 12/19/2002
$550,000
APN: 023-084-02
1100 Main Street
Huntington Beach,CA
Sold 2/21/2003
$520,000
APN: 023-084-01
1120 Main Street
Huntington Beach, CA
Sold 3/3/2003
$535,000
LIST OF PRINCIPAL TRANSACTIONS—EMPROVED
APN: 157-326-01
.18151 Wharton Street
Huntington Beach,CA
Sold 9/10/2002
$392,000
APN: 153-072-13
19091 Newland Street
Huntington Beach, CA
Sold 12/30/2002
$370,000
APN: 167-331-26
17202 Barcelona Lane
Huntington Beach,CA
Sold 3/12/2003
$415,000
y
APN: 157-343-19
8091 Ellis Avenue
Huntington Beach, CA
Sold 3/28/2003
$340,000
APN: 167451-06
8271 Friesland Drive
Huntington Beach, CA
Sold 6/4/2003
$415,000
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS
Date: September 30, 2003
Escrow No.
To: Chicago Title Company
16969 Von Karman
Irvine,CA 92606
Attn: Margie Wheeler,Escrow Officer
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
AND ESCROW INSTRUCTIONS (this"Agreement")is made this day of
2003,by and between THE CITY OF HUNTINGTON BEACH,a
municipal corporation("Buyer"), and JOHN P. CRANEY,a married man and DANIEL
V. CRANEY, a single man as joint tenants("Seller").
A. Seller is the owner of an undivided 100/100t' interest in that certain
improved/unimproved parcel of real property located in the City of
Huntington Beach,County of Orange, State of California(the"Property"),
legally described as follows:
The south 170.00 feet of the Southwest Quarter of the Southwest Quarter of
the Northwest Quarter of Section 36, Township 5 South,Range 11 West of
the San Bernardino Meridian, as per map recorded in Book 51,Page 13 of
Miscellaneous Maps, in the Office of the County Recorder of said county.
Except the west 595.00 feet.
Also, except 75%of all oil,mineral, gas and other hydrocarbon substances in,
on and under said land; as reserved in the deed from Tarvar Montgomery and
wife to L.G. Patterson and wife,recorded December 17, 1943 in Book 1216,
Page 259, Official Records.
B. Prior to the execution of this Agreement,Seller accepted Buyer's written offer
to acquire Seller's undivided interest in the Property for the purposes of
widening Ellis Avenue("Project").
NOW,THEREFORE,the parties to this Agreement agree to transfer fee simple title
to Seller's undivided interest in the Property, from Seller to Buyer, in accordance
with the following terms and conditions:
1
ARTICLE I
TERMS AND CONDITIONS
1.1 Purchase and Sale of Seller's Undivided Interest in the Property. In its
written settlement offer,Buyer represented to Seller that,according to Buyer's
calculations, Seller owned an undivided 100/100'b interest in the Property. However,it is
the mutual intent of the parties that, pursuant to the terms of this Agreement, Seller
conveys to Buyer, and Buyer acquires from Seller,in fee simple,title to all interest Seller
may have had or currently holds and owns in the Property.
.1.2 Opening of Escrow. Within ten(10)business days after the execution of
this Agreement by Seller and Buyer,the parties shall open an escrow("Escrow")with the
Escrow holder by causing an executed copy of this Agreement to be deposited with
Escrow Holder. Escrow shall be deemed open on the date that Buyer delivers a fully
executed Agreement to Escrow Holder.
1.3 Payment of Purchase Price.
(a) Amount of Purchase Price. The purchase price for the conveyance
and transfer of Seller's undivided interest in the Property to Buyer shall be Twenty One
Thousand Dollars ($21,000.00)("Purchase.Price").
(b) Payment of Purchase Price. The Purchase Price shall be deposited
by Buyer into Escrow within fifteen(15)business days following the opening of Escrow.
Buyet shall deposit the Purchase Price with Escrow Holder in"good funds"payable to
Seller at the time of closing. "Good funds" shall mean a wire transfer of funds, cashier's
or certified check drawn on or issued by the offices of a financial institution located in the
State of California, check from the City of Huntington Beach, or cash.
(c) Interests Conveyed. It is understood and agreed by and between
Buyer and Seller that the Purchase Price set forth above is paid as full and final
consideration of all of the following:
(i) A fee simple interest in and to the Property,for the purposes of the
widening Ellis Avenue, including all uses incident to.the use of the
Property as a public right of way, including but not limited to the
placement of utilities on or over the Property, access ways for
vehicular and pedestrian access,bus bays, signage,curbs, gutters,
drainage facilities, traffic control devices or other roadway
improvements; and
(ii) All improvements, structures, landscaping,paving and any
appurtenances to the Property, including but limited to any oil
production facilities located on the Property.
2
(d) Other Interests Included. Payment of the Purchase Price by Buyer
to Seller represents total just compensation for Buyer's acquisition of Seller's undivided
interest in the Property, all damages for lost oil production or other economic damages
due to interruptions of sewer,water, and electrical utility services,pre-condemnation
damages, interest, attorney's fees or other litigation expenses,and any and all items of .
compensation or damage arising out of the planning, negotiation, and acquisition by the
Buyer of Seller's undivided interest in the Property.
1.4 Additional Funds and Documents Required from Buyer and Seller.
(a) Buyer. Before 12:00 noon on the date preceding the Closing Date,
Buyer shall deposit with Escrow Holder all additional funds and/or documents(executed
and acknowledged, if appropriate)which are necessary to close escrow and otherwise
comply with the terms of this Agreement.
(b) Seller. Within twenty(20)business days following the date that
Escrow is opened hereunder, Seller will deposit with Escrow Holder an executed Grant
Deed("Grant Deed") conveying a fee simple title to Seller's undivided interest in the
Property, together with such funds and other instruments as may be necessary in order for
the Escrow Holder to comply with this Agreement. Escrow Holder shall submit the
executed Grant Deed to Buyer for review and acceptance,as may be required to put the
Grant Deed in recordable form,whereupon Buyer shall immediately submit the Grant
Deed, with the acceptance,to Escrow Holder pending close of Escrow.
1.5 Closine Date: Time of Essence.
(a) Closing Date. Unless otherwise terminated by Buyer as provided
below, Escrow shall close within sixty(60) days from the date Escrow is opened. The
terms"the Close of Escrow", and/or the"Closing" as used herein shall mean the time
Seller's Grant Deed is filed for recording by the Escrow Holder in the Office of the
County Recorder of Orange County, California,the Title Company has issued the Title
Policy provided for in subsection(c)below, all closing costs and other costs are paid in
full, and all disbursements of any remaining funds in Escrow, or other disbursements as
may be required to close Escrow, are made by Escrow Holder to the appropriate parties.
(b) Time of Essence. Buyer.and Seller specifically understand and
agree that time is of the essence and Buyer and Sellers specifically agree to strictly
comply and perform their obligations herein in the time and manner.specified,and waive
any and all rights to claim such compliance by mere substantial compliance with the
terms of this Agreement. The time for Closing may be extended,but only by way of a
writing signed by all parties.
(c) Title Policy. Upon Seller's deposit of the Grant deed in favor of
Buyer in recordable condition covering Seller's undivided interest in the Property, and
prior to Close of Escrow,Escrow Holder shall cause to be issued and delivered to Buyer
3
as of the Closing a C.L.T.A. standard coverage policy of title insurance("Title Policy")
issued by Chicago Title Company("Title Company"),with liability in the amount of the
Purchase Price,covering the Property and reflecting the fee simple title to Seller's
undivided interest in the Property in favor of Buyer free of encumbrances; except:
(i) The standard printed exceptions and exclusions contained in the
CLTA form policy; and
(ii) Any exceptions created by or consented to in writing by Buyer,
including without limitation, any exceptions arising by reason of Buyer's filing of
an eminent domain action, or securing of an order for possession of or entry on
the Property.
1.6 Conditions Precedent To Close Of escrow.
(a) Condition to Buyer's Obligations. The obligations of Buyer under
this Agreement shall be subject to the satisfaction or written waiver, in whole or in part,
by Buyer of each of the following conditions precedent:
(i) Issuance by Title Company of the Title Policy reflecting a fee
supple undivided interest in the Property granted to Buyer.
(ii) Deposit by Seller of all instruments and funds provided for in this
Agreement,necessary to the Closing.
(b) Conditions to Seller's Obligations. The obligations of the Seller
under this Agreement shall be subject to the satisfaction or written waiver, in whole or in
part,by the Seller of each of the following conditions precedent:
(i) Delivery by Buyer of all instruments and funds provided for in this
Agreement necessary to the Closing.
1.7 Escrow Provisions.
(a) Escrow Instructions. This Agreement, when signed by Buyer and
Seller, shall also constitute escrow instructions to escrow Holder. If required by Escrow
Holder,Buyer and, Seller agree to execute Escrow Holder's standard escrow instructions,
provided that the same are consistent with and do not conflict with the provisions of this
Agreement. In the event of any such conflict,the provisions of this.Agreement shall
prevail.
(b) General Escrow Provisions. Upon Close of Escrow,Escrow
Holder shall deliver the Title Policy to Buyer and instruct the County Recorder of Orange
County,California to mail the recorded Grant Deed,to Buyer at the address set forth in
Section 3.2 after recordation. All funds received in this Escrow shall be deposited in one
or more general escrow accounts of the Escrow Holder with any bank doing business in
4
Orange County, California, and may be disbursed to any other general escrow account or
accounts. All disbursements shall be made by Escrow Holder's check.
1.8 Amendments and Counterparts. This Agreement and any modifications,
amendments, or supplements thereto may be executed in counterparts and shall be valid
and binding as if all of the parties' signatures were on one document.
1.9 Payment of Costs. Buyer shall pay Buyer's and Seller's Escrow fees, any
premium charges for the Title Policy,the charge for drawing the Grant Deed, and the
charges for recording the Grant Deed. Clearing of all existing encumbrances,judgments,
or liens, including any fees or charges incurred, shall be the sole responsibility of Seller.
1.10 Termination and Cancellation of Escrow. If Escrow fails to close as
provided above, any party who then shall have fully complied with their instructions and
met their conditions to Close of Escrow may, in writing, demand of Escrow Holder the
return of their money, documents, instruments, or property deposited into escrow. If no
party has so complied,no demand for return of any money,documents, instruments, or
property will be recognized by Escrow Holder until five (5)business days after Escrow
Holder has mailed written notice of such demand to all other parties at their respective
addresses shown in these instructions, and if any party raises any objection to such return,
Escrow Holder is authorized to hold all such money, documents, instruments,or property
until instructed by a court of competent jurisdiction or joint instruction of the parties:
1.11 Brokerage Commissions. Seller represents to Buyer that no third party is
owed any payment or commission as a result of the transfer of the property interests
provided hereunder, and Seller indemnifies and holds the Buyer harmless from and
agaiflst all liabilities, costs, damages and expenses, including,without limitation,
attorneys' fees, resulting from any claims of fees or commissions.
1.12 Hazardous Substances Disclosure. The Property,and Seller's undivided
interest therein, are subject to a disclosure as designated under Section 25359.7 of the
California Health & Safety Code (as may be amended); whereby a Seller is required to
disclose the presence of any hazardous substances that have come to be located on or
beneath the Property before Close of Escrow. It is understood and agreed between Buyer
and Seller that closing of this Escrow is subject to and contingent upon receipt and
approval of said Disclosure Statement by Buyer, and that Buyer may,in its sole
discretion, cancel this Escrow as.a result of the information provided by Seller to Buyer
concerning Contamination on the Property, without any further liability of Buyer to
Seller. Review and approval of the Disclosure Statement shall not be unreasonably
withheld or delayed by Buyer.
1.13 Contamination Defined. The term"Contamination"as used in this
Agreement shall mean and refer to any environmental contamination of any type or
nature including but not limited to the following substances,whether in the soil,air,
surface water, perched water or groundwater, or in any other medium: any "hazardous
substance", as defined under Title 42 U.S.C. Section 9601(14)or under California Health
S
&Safety Code Section 25281(g); any"hazardous waste", as defined under Title 42
U.S.C. Section 6903(5)and under California Health &Safety Code Section 25117;any
"hazardous substance",as defined under California Health &Safety Code Section 25281
and 25316; any"hazardous material", as defined under California Health &Safety Code
Section 25260(e); any chemical listed pursuant to California Health &Safety Code
Section 25249.8; any petroleum hydrocarbon material or petroleum byproduct,refined
and unrefined, including but limited to any crude oil or any fraction thereof,and any
additive to any refined petroleum product,as well as any asbestos or asbestos containing
material.
1.14 Buyer Reservation of Rights. Buyer expressly reserves all rights and
.remedies under the law against Seller and any prior owner, operator or other responsible
party to seek damages,injunctive relief or other remedies in connection with any
investigation, remediation, or other obligations Buyer incurs or may incur as a result of
Contamination(other than the levels of contamination currently known by Buyer to exist
on or in the Property)potentially existing on, in, or under the Property, including but not
limited to any action under CERCLA(42 U.S.C. §§ 9601, et seq.),the California
Hazardous Substance Account Act(California Health & Safety,Code §§ 25300,et seq.),
the Hazardous Waste Control Law(California Health & Safety Code §§ 25100,et seq.),
the Porter-Cologne Act(California Water Code §§ 13000, et seq.),California Health&
Safety Code §§ 25280, et seq. and 33459 et seq., California Civil Code § 850,et seq.,
California Civil Code §§ 3479 and 3480, et seq. and other common laws of the State.
1.15 Disclosure of Test Results on Contamination to Buyer. Seller shall
disclose any and all laboratory results,test results and any and all other information
concerning the assessment, investigation, monitoring, removal and/or remediation of
Contamination on or from the Property to Buyer, in writing,within two (2)days of his or
her receipt of such information. The disclosure of this information is in accordance with
and a part of the disclosure obligations of said Seller under the above Section 1.12,the
Hazardous Substances Disclosure obligation.
1.16 Buyer's Written Purchase Offer. To the extent not inconsistent herewith,
the terms of Buyer's written purchase offer to Seller,dated September 30,2003,are
incorporated herein by reference into this Agreement.
6
ARTICLE H
REPRESENTATIONS AND WARRANTIES
2.1 Repayment of Purchase Price Deposit to Buyer. In the event Escrow does
not close,for whatever reason, and Buyer does not acquire Seller's undivided interest in
the Property as provided for in this Agreement, any and all amounts deposited into
Escrow as the Purchase Price by Buyer and all other amounts deposited into Escrow by
Buyer shall be returned by Escrow Holder, less costs incurred by Escrow Holder,to
Buyer.
2.2 Possession. Possession of the Property shall be delivered to Buyer at
Close of Escrow. Pending Close of escrow, Seller grants to buyer and Buyer's
Contractor a right of entry on the Property, for the purposes of coming onto such Property
and effectuating the construction of the public right of way improvements,utilities, and
other improvements contemplated thereon as part of Buyer's implementation of its public
improvement project.
2.3 Acquisition Using Powers of Eminent Domain. In the event Escrow does
not close,for whatever reason, and Buyer does not acquire Seller's undivided interest in
the Property as provided for in this Agreement,Buyer may proceed with acquisition of
the Property through condemnation using its powers of eminent domain. It is understood
and agreed by Buyer and Seller that the total just compensation,as identified in the
condemnation documents,is the Purchase Price set forth under the above Section 1.3(a),
the Purchase Price. In addition, Seller specifically waives any rights to challenge the
Buyer's right and necessity for the Property required for the public improvement project.
ARTICLE III
MISCELLANEOUS
3.1 Attorney's Fees. In any action between the parties hereto, seeking
enforcement of any of the terms and provisions of this Agreement or the Escrow,or in
connection with the Property,the prevailing party in such action shall.be entitled to and
recover from the other party, its reasonable attorney's fees and other reasonable expenses
in connection with such action or proceeding, in addition to its recoverable court costs.
3.2 Notices. Any notice which either party may desire to give to the other
party or to the Escrow Holder must be in writing and may be given by personal delivery
or by mailing the same by registered or certified mail,return receipt requested,postage_
prepaid,to the party to whom the notice is directed at the address of such party
hereinafter set forth, or such other address and to such other persons as the parties may
hereafter designate:
7
To Buyer: Michael L. Heineke,Real Property Agent
Real Estate Services Division
City of Huntington Beach
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
To Seller: John P. Craney&
Daniel V. Craney
8101 Ellis Avenue
Huntington Beach, CA 92646
To Escrow Holder: Chicago Title Company
16969 Von Karman
Irvine, CA 92606
Attn: Margie Wheeler,Escrow Officer
Any notice given by mail shall be deemed received forty-eight(48)hours after such
notice is deposited in the United states mail, addressed as provided above, with postage
fully prepaid.
3.3 Interpretation: Governing Law. This Agreement shall be construed
accotding to its fair meaning and as if prepared equally by all parties hereto. This
Agreement shall be construed in accordance with the laws of the State of California in-
effect at the time of the execution of this Agreement Any action brought in connection
with this Agreement shall be brought in a court of competent jurisdiction located in
Orange County, California. Titles and captions are for convenience only and shall not
constitute a portion of this Agreement. As used in this Agreement, masculine, feminine
or neuter gender and singular or plural number shall each be deemed to include the others
wherever and whenever the context so dictates.
3.4 No Waiver. No delay or omission by either party hereto in exercising any
right or power accruing upon the compliance or failure of performance by the other party
hereto under the provisions of this Agreement shall impair any such right or power or be
construed to be a waiver thereof. A waiver by either party hereto of a breach of any of
the covenants, agreements restrictions or conditions hereof to be performed by the other
party shall not be construed as a waiver of any succeeding breach of the same or other
covenants,agreements,restrictions or conditions hereof.
3.5 Modifications. Any alteration,change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed on behalf of each party hereto.
R
3.6 Severability. If any term,provision, condition or covenant of this
Agreement or application thereof to any party or circumstances shall,to any extent,be
held invalid or unenforceable,the remainder of this instrument, or the application of such
term,provision,condition or covenant to persons or circumstances other than those as to
whom or which it is held invalid or unenforceable, shall not be affected thereby,and.each
term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
3.7 Merger of Prior Agreements and Understandings. This Agreement and
other documents incorporated herein by reference contain the entire understanding
between the parties relating to the transaction contemplated hereby and all prior or
contemporaneous agreements, understandings, representations and statements, oral or
written, are merged herein and shall be of no further force or effect.
3.8 Covenants to Survive Escrow. The covenants and agreements contained
herein shall survive the Close of Escrow and shall be binding upon and inure to the
benefit of the parties hereto and their representatives,heirs, successors and assigns.
3.9 I.R.S. Form "W-9". It is further understood and agreed by Seller that
closing of this Escrow is subject to and contingent upon Seller executing an Internal
Revenue Service Form W-911 and 1099-S Form,and depositing same with Escrow
Holder no later than one(1) day prior to the Close of escrow.
3.10 Notice of Tax Withholding Requirements. It is further understood and
agreed by Buyer and Seller that closing of this Escrow is subject to and contingent upon
Sellet executing a"Transferor's Affidavit of Non-Foreign Status"and California Form
590 (Withholding Exemption Certificate)and depositing a copy of same with Escrow
Holder no later than one (1) day prior to the Close of Escrow. In the event Sellers cannot
executed the above-referenced Transferor's Affidavit or California Form 590, Seller shall
provide written instructions to Buyer.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
9
3.11 Counterparts. This Agreement and any modifications, amendments,or
supplements thereto may be executed in counterparts and shall be valid and binding as if
the signatures of all parties were on one document.
IN WITNESS WHEREOF,the parties hereto have.executed this Agreement of
Purchase and Sale of Real Property an Escrow Instructions as of the date first above
written.
"SELLER"
Dated:
JOHN P. CRANEY
Dated:
DANIEL V. CRANEY
"BUYER" .
CITY OF HUNTINGTON BEACH,
Dated: By:
By:
APPROVED AS TO FORM:
Office of the City Attorney
City of Huntington Beach
10
RECORDING REQUESTED BY:
City of Huntington Beach
Real Estate Services Division
P.O. Box 190/ 2000 Main Street
Huntington Beach, CA 92648
WHEN RECORDED MAIL TO:
Connie Brockway, City Clerk
City of Huntington Beach
P.O. Box 190/ 2000 Main Street
Huntington Beach, CA 92648.
APN(5): 157-343 INCORPORATED AREA GRANT DEED DOCUMENTARY TRANSFER TAX$EXEMPT
Location:NWC Ellis Av&Patterson Ln Signature of Declarant or Agent determining tax
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN P. CRANEY, an unmarried man and DANIEL V. CRANEY, a single man as joint tenants
hereby GRANT(S) to THE CITY OF HUNTINGTON BEACH, a municipal corporation, the real property in
the City of Huntington Beach, County of Orange, State of California, described as follows:
See Exhibit"A"for legal description ,
Dated: . 2003
JOHN P. CRANEY DANIEL V. CRANEY
Please n sIg Y- ottrmate PROVED AS TO FORM BY THE OFFICE OF CITY ATTORNEY
on this document x
Assistant/Deputy City Attomey
exactly as sho
`'Vn In the document is solely for the official business of the City of
highlighted area ec ngton Beach, as contemplated under Government Code S .
3 and should be recorded free of charge.
by Il5 aUly dUthorteed Officer. �. . _.--- -'�'r+"`
Tax Exempt Government Agency
CITY OF HUNTINGTON BEACH
Connie Brockway,City Clerk
By:
CONNIE BROCKWAY,CMC
P a : CITY CLERK
}
�, WN ON THE FOLLOWING LINE
1 0 2000 Main Street Huntin-crton Beach, CA 92648
r 1
Project Name: Ellis Avenue widening-CC891 APN(s): 157-343-18
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of
County of
On before me, personally
Date Name&Title of Officer 0.e,Jane Doe Notary Public)
appeared
Name(s)of Signer(s)
❑ personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature of Notary
------OPTIONAL---------------------------------------
Though the data below es not rquired by law,it may prove valuable to persons relying on_b4e document and could prevent frauduknt ..
removal and reattachment of this firm to another document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Seller(s)
Signer's Name Signer's Name
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): Title(s):
❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General
❑ Attorney-in-Fact Right Thumbprint of ❑ Attorney-in-Fact Right Thumbprint of
Signer Signer
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other ❑ Other
Signer Is Representing: Signer Is Representing:
Exhibit A
Legal Description
A portion of land located in the City of Huntington Beach, County of
Orange, State of California, in the Rancho Las Bolsas,. also being a
portion of the southwest quarter, of the southwest quarter, of the
northwest quarter, Section 36, Township 5 South, Range 11 West, San
Bernardino Meridian, as shown on the map filed in Book 51 , page 13
of Miscellaneous Maps in the Recorders Office of said County more
particularly described as follows:
The northerly 10 feet of the southerly 30 feet of the land described in
the Grant Deed to John P. Craney an unmarried man and Daniel V.
Craney, a single man, as joint tenants recorded as document number
1.9950466393 of Official Records, in said County.
Subject to all Covenants, Rights, Rights—of—Ways and Easements of
Record.
Exhibit "B" attached and by this reference made a part hereof.
LAND SGP
Chi �
o
J EXP. 12-31-05 a
LS. 7340
Joseph G. Derleth 9TFOF' CALF°�
PLS 7340 expires 12/31/05'
M:\Drawings\Survey\E3IisROWPtcts\E3IisROWLegals.dwg
Legal Description for Right—of—Way Acquisition
for 8101 Ellis Ave •J,
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
_ Ta rt --
I CN89°34'38°E, 2639.23'1
NW Cor North line Sec 36, T5S, R11W
Sec 36, N1/4 Cor
TSS, R11W. _ _ _ _ Sec 36, 4
T5S,R11W, 0
N89'35'55'E, .65.3075
d
Q I z i
75 to I r, o s Q1
Lr) 3 0 10 0 20 Z
�- Q, d- 0 3
(� o C�I CD
3
S M o o SCALE 1" = 20' o
0
U �I CS 8101 ELLIS v
d APN 157-343-18
o M
p4 Doc, No 19950466393 , u
+, ;-i ( I �, Qj: 3
i � Of f Iclal Records d- � ^ '
O 1 . 0j
o = o
>1 3 o z
Z N89°35'55'E, 65.32' � °r
d o
/ /,10.00
Center of
Sec 36, i
T5S, R11W.
i 1 20,00, 321 /193 Deeds 20.00�
_ _ I 65,3_3' _
W1/4 Cor 660.33"
Sec 36, CN89°35'55'E, .2641,32'1
T5S, R11W. I I SE Cor, . SW1/4,
E l l I S A V E' SW1/4, NW1/4,
Q = N89°3555'E,C595,00') Sec 36, i
( )=record per Doc, No 19950466393 OR T5S, R11W.
C ]=record per Parcel Map 85-330, filed in 246/45-47 of P.M.
Acquisition Area
M:\drawin s\Surve \EIIisROWPlats\EIIisROWPlatsE OBch.dw Exhibit ��B��
Right of Way acquisition plat for 8101 Ellis Ave .J.A
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: ADOPT RESOLUTION OF NECESSITY FOR ELLIS
AVENUE WIDENING
COUNCIL MEETING DATE: October 4, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR A DED
Administrative Staff ( )
Assistant City Administrator (Initial) ( )
City Administrator (Initial) ( ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: T. Broussard
1, Frf,
CITY OF
H U N11 TINGT0N BEACH, CA
Joan Flynn 1004 SEP 30 P 12: 13 'D,�
City Clerk
Huntington Beach,Ca. 92648
Huntington Beach City Council Members
Re: Huntington Beach City Council Agenda for 10/4/04
Ms.Flynn,
I was informed by phone,on 9/24/04,by deputy city attorney John Fujii that a hearing is to
take place on 10/04/04 at the City Council Chambers regarding the acquisition of some of my
son's and my property located at 8101 Ellis Ave. in the city of Huntington Beach.
My son,Daniel Craney,was never served or notified regarding the proceedings. He does not
live at the property in question. Be will return from vacation on the 15s'of Oct. and will be
available soon after to appear before the council to be heard regarding the acquisition matter,as.
Will I_
I request a delay in the hearing until after the 1 Sa'of Oct. 2004.
I submit this letter to protect our rights under the California Code of Civil Procedure.
Respectfully submitted,
John Craney
2042 San Diego Dr.
Corona,Ca. 92882
Oct � L\ .� ooa
S Y D N E Y
i 7004 11613 0005 5476 .4345
aoya s/4A)D a
CORoA119, CA. ,1` 6A N P L YAW
cor-T a000 M6iM ST .
IIIh If IIII1I1111ll IIIIIII fill III ll!'IIII I I'IIII/II III IIIIIII -
4
/ _Y� •11 r i �I' \
a
' a 1
0 C/)
LU
y t
• •
RRF
LM
• 0
r ; / -
L �,�'! � i r��•+ ��'4 �Y. +�S� i''�+�y�'4� '.h'k't��a�M'.+ `�, a.. ti"'�t��*^� 4,;+" x 7.,�. ,'��o„� �. �1 �c� 45 �.M RR � +
_ J
jig
�'S�,�l�1 � � ��_._ — r `-.7�-4 . # 1. � �... •i: ! � c�"�, wi \�� ��1 - -,
CD
8041
LO
00
!! �� 00 W
Ills y• _ J
.ti
• 1 1 I I • I I I 1
��{ju• • ' , I 1 I I I I I
•ice
Communication HistoryProperty with Owner of
8101 F11's Avenue
March 10, 2003 City initiated contact with property owner by letter.
0 March 12, 2003 Meeting with property owner on site.
a September 30, 2003 Offer package, based on appraisal, mailed to property owner.
a October 15, 2003 Meeting wherein property owner verbally agreed to offer.
0 January 20, 2004 After no formal acceptance received, letter sent to property owner
requesting formal acceptance of offer.
0 June 9, 2004 Property owner requested new water service in addition to original
=Y + offer. This request was granted as part of project.
0 July 3, 2004 Property owner requested $5,000 above original offer.
a September 9, 2004 City contacted property owner offering $2,500 above original
offer.
0 September 14, 2004 Notice of hearing sent to property owner by certified mail and
k overnight service. Mail returned as "refused".
4 rn 's offices spoke with property owner wherein
September23, 200 City Atto ey p p p y
property owner requested $7,000 above original offer.
J�
Mate--
0-
[cam
CITY OF HUNTINGTON BEACH \
Interde artment Communication
p 'A
TO: Honorable Mayor and o
Members of the City. Council o
n G�
FROM: Jennifer McGrath, City Attorney -<r
nor
r"-n ;:
DATE: September 30,2004
fV =
SUBJECT: Mayor's Statement Before Hearing v
Cr-
on Eminent Domain Resolution 2004-84
City Council Meeting: October 4,2004
Agenda Item: F-1
Before the hearing on the Resolution of Necessity for the Ellis Avenue Widening Project
at the City Council meeting on October 4, 2004, the Mayor should announce the
following: !.
1. This agenda is a specially noticed hearing held under Code of Civil
Procedure Section 1245.235. Only those persons who have been
specially noticed and have previously requested to appear and be
heard, or their designees, under Code of Civil Procedure Section
1245.235, shall be heard at this time.
2. The subject matter of this special hearing is limited to the following
items:
A. Whether the public interest and necessity require the proposed
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 described in the Resolution of Necessity
is necessary for the proposed project.
GAFURA2004Tminent Domain-Ellis ave Widening\Mayor's memo re Ellis Eminent domain.doc
j D. Whether an offer of just compensation pursuant to
Government Code Section 7267.2 has been made to the owner
or owners of record.
3. The amount of compensation is not at issue during this public
hearing. It will be decided by the courts at a later date, should the
Resolution of Necessity be adopted.
4. Pursuant to Code of Civil Procedure Section 1245.240,this Resolution
of Necessity requires a two-thirds vote of all Council members (which
means 5 affirmative votes)for adoption.
Other comments by the Mayor, as appropriate, may also be made, but the above Sections
1 through 4 must be stated before opening the special hearing.
Once the hearing is opened, please inquire if the property owners are present and wish to
be heard. Also, allow public comment from anyone, even though that person did not
receive a special hearing notice and/or did not make a special request to appear, on any
issue concerning this matter except the amount of compensation to be paid to the property
owners as set forth in Section 3 above. After all public comment has been taken, allow
Public Works staff the ability to present the pros and cons of the proposed property
acquisition and to provide the factual basis to support the 4 items (A-D) in Section 2
above and other items set forth in the Resolution of Necessity.
JENNIFER MCGRAT � 1
City Attorney -4`340
cc: Penelope Culbreth-Graft, City Administrator
Joan L. Flynn, City Clerk
Robert F. Beardsley, Director of Public Works
Clay Martin, Director of Administrative Services
David Webb, City Engineer
Todd Broussard, Principal Civil Engineer
Michael Heineke, Real Property Agent
G:\FUJII\2004\Eminent Domain-Ellis ave WideningWayor's memo re Ellis Eminent domain.doc