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Specially Noticed Hearing - Goldenwest Street right-of-way w (14)
Council/Agency Meeting Held: oh l/ql Deferred/Continued to: Ud Ap roved ❑ Conditi Wally Appro,p J ❑ Denied City erk's Signature Council Meeting Date: `November 17, 1997 Department ID Number: AS-97-036 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratorO�W PREPARED BY: ROBERT J. FRANZ, Deputy City Administrator �G Y-Lo- 9-7--7 9 SUBJECT: APPROVAL OF RESOLUTION OF INTEREST AND NECESSI FOR ACQUISITION OF GOLDENWEST RIGHT-OF-WAY Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Under the terms of the Holly-Seacliff Development Agreement, dated April 11, 1991, it is the_City's responsibility to acquire the public right-of-way for all street widening within the project. The final parcels necessary for the Goldenwest Street right-of- way widening between Ellis Avenue and Clay Street need to be acquired. Construction has progressed to the point where possession is now necessary. A Resolution for Interest and Necessity, approved by the City Council, is needed for the City's acquisition of this parcel by condemnation. Funding Source: Acquisition costs are to be paid by the Developer (PLC Land Company). No City Funds are required. Recommended Action: After following the statutory procedure provided by the City Attorney, approve the Resolution of Interest and Necessity and authorize the Mayor and City Clerk to execute same. Analysis: The widening of Goldenwest Street right-of-way is an integral part of the implementing of the Holly-Seacliff Development Plan from Ellis Avenue to Clay Street. The precise street alignment of Goldenwest Street was approved by City Council on December 16, 1991 by Ordinance #3217. The City of Huntington Beach and Seacliff Partners have acquired all the properties necessary for this widening with the exception of this parcel as shown on the map attached. The Real Estate Services Division, together with outside legal services, Rutan and Tucker, has been actively negotiating for some months with the owner of this parcel. The owner has been provided with the City's last and final offer, but.has not agreed with the City's price. The next step in the acquisition process is the request for Resolution of Interest and Necessity. kr_'QUEST FOR COUNCIL ACTwN MEETING DATE: November 17, 1997 DEPARTMENT ID NUMBER: AS-97-036 Alternative Action: Do not adopt Resolution of Interest and Necessity at this time. Environmental Status: Not applicable. Attachments): City Clerk's Page Number 1. Description of property needed for RM. 2. Map of area. 3. Hearing notice 4. Resolution RCAGWNN3.DOC -2- 11/06/97 9:15 AM EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 110-210-N BEING THAT PORTION OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON THE MAP RECORDED IN BOOK 51 PAGE 13 OF MISCELLANEOUS MAPS.OF SAID COUNTY, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN A DEED FROM JOHN F. THOMPSON AND LOIS I. THOMPSON TO JOHN R. SCHUESLER AND MARY M. SCHUESLER RECORDED JANUARY 12, 1973 AS INSTRUMENT NO. 9971 IN BOOK 10512, PAGE 15 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING EASTERLY OF A LINE PARALLEL WITH AND 55.00 FEET WESTERLY,. MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF-SECTION 34. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE EASEMENT FOR ROADS, ETC. CONTAINED IN INSTRUMENT RECORDED JULY 15, 1905 IN BOOK911 PAGE 134 OF DEEDS. CONTAINING AN AREA OF 825 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATION,RESTRICTIONS, RIGHTS-OF- WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. .rUi '�� n; ALDEN & EXHIBIT "A LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 110-210-06 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. NO. 0879-273-8 Date 11 15 93 18012 COWAN.SUITE 210 • IRVINE,CA 92714 714/660.0110 FAX 6"18 Engr. D.C. Chk. D.W. Sheet _L of 2 EXHIBIT '.B� HE GOR.. 5E 114, SEC. 34 ELL15 AVENUE 0 41 I 5 ' �h titi Cd ►.�. ��' I 50, I h�co�� 30' 't 25' EAST LINE OF SE 114, 5EG. 34, T. 5 5., R. 11 W., SBB11. AG I EASEMENT FOR ROAD PURP05E5 .� c,.. PER BOOK 91,,PAGE 134, DEEDS 30' S.') ,� INST. NO. 9971, LEGEND; `- 10512115, O.R. INDICATES AREA -�—GGO, ® DESCRIBED HEREW }— A I � J SCALE: 1'=100' $ . z EXfWff 'B' *LDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S FOR ROAD PURP05E5 AP. NO. 110 210-OG 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-273-8 Date 09/29/93 (714) 860-0110 Fax: 660-0418 - En r. D•G• Chk. D.W. Sheet?Of 2 — I I III IIIiI . st ii t it ��� �iyii �t>t► ttttt \\�� y, N` \ • •. �v RECEIVED CITY CLERK Fra TYOF n CITY OF HUNTINGTON BRACT BEACH,CALtF. INTER-DEPARTMENT COMMUNICATIO{'Q`NY HUNTINGTON BEACH ,•O• � (� �� TO: Honorable Ralph Bauer,Mayor, and Members of the City Council FROM: Gail Hutton, City Attorney DATE: October 31, 1997 SUBJECT: Mayor's Statement before Noticed Hearing on Eminent Domain Resolution Before the specially noticed hearing on the Resolution of Necessity at the City Council meeting on November 17, 1997,the Mayor should announce the following: 1. . This agenda item is a special noticed hearin held under Code of Civil Procedure Section 1245.235. 2. The subject matter of this noticed hearin is limited to the following items: A. Whether the public interest and necessity require the proposed project, which is the widening of Goldenwest Street between Ellis and Garfield Avenues in the City of Huntington Beach. 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 is necessary for the proposed project. 3. The amount of compensation is not at issue during this noticed hearing. It will be decided by the courts at a later date,should the resolution be adopted. 4. A two-thirds majority is required to adopt the resolution. 4/s:4-97Memos:CC-1031 RLS 97-97-841 Honorable Mayor Ralph Bauer and Members of the City Council October 31, 1997 Page 2 5. Only those persons who have previously requested to appear and be heard, under Code of Civil Procedure Section 1245.235,shall be heard at this time. Other comments by the Mayor, as appropriate,may also be made,but the above items 1 through 5 must be stated before opening the noticed hearing. Gail Hutton City Attorney c: Ray Silver, Acting City Administrator Connie Brockway, City Clerk Robert Franz, Deputy City Administrator 4/s:4-97Memos:CC-1031 RLS 97-97-841 CITY OF HUNTINGTON BEACH •� INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH TO: Honorable Ralph Bauer,Mayor, and t o Q'E I T Y Members of the City Council 0 6 1997 FROM: Gail Hutton, City Attorney DATE: October 31, 1997 SUBJECT: Mayor's Statement before Noticed Hearing on Eminent Domain Resolution Before the specially noticed hearingon the Resolution of Necessity at the City Council meeting on November 17, 1997,the Mayor should announce the following: 1. This agenda item is a special noticed hearin held under Code of Civil Procedure Section 1245.235. 2. The subject matter of this noticed hearing is limited to the following items: A. Whether the public interest and necessity require the proposed project, which is the widening of Goldenwest Street between Ellis and Garfield Avenues in the City of Huntington Beach. 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 is necessary for the proposed project. 3. The amount of compensation is not at issue during this noticed hearing. It will be decided by the courts at a later date, should the resolution be adopted. 4. A two-thirds majority is required to adopt the resolution. 4/s:4-97Memos:CC-1031 RLS 97-97-841 Honorable Mayor Ralph Bauer and Members of the City Council October 31, 1997 Page 2 5. Only those persons who have previously requested to appear and be heard, under Code of Civil Procedure Section 1245.235, shall be heard at this time. Other comments by the Mayor, as appropriate,may also be made,but the above items 1 through 5 must be stated before opening the noticed hearing. Gail Hutton City Attorney c: Ray Silver, Acting City Administrator Connie Brockway, City Clerk Robert Franz, Deputy City Administrator VsA-97Memos:CC-1031 RLS 97-97-841 �w INsro� '9 OFFICE OF CITY ATTORNEY ITI c' P.O. Box 190 2000 Main Street Telephone Gail Hutton Huntington Beach, California 92648 (714) 536-5555 City Arrorney Fax (714) 374-1590 NOTICE OF INTENTION TO ADOPT A RESOLUTION OF NECESSITY FOR ACQUISITION P Q 0 p E R l Y OF CERTAIN UNIMPROVED REAL PROPERTY NOV ® � 1997 IDENTIFIED AS ASSESSOR PARCEL NO. 110-210-06 WAGEIOfEIVti TO: JOHN R. AND MARY M. SCHUESLER 4832 Curtis Circle Huntington Beach, CA 92649 This notice is sent to you by mail under requirements of California Code of Civil Procedure Section 1245.235. This notice concerns certain unimproved property identified as Assessor's Parcel No. 110-210-06 in the City of Huntington Beach. The City of Huntington Beach ("City") has been investigating the acquisition of this property for accommodation of a roadway widening project("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. California Code of Civil Procedure Section 1240.030 provides 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 lease private injury; C. The property sought to be acquired is necessary for the project; D. The offer required by Section 7267.2 of the Government Code has been made to the owner of record. This notice is sent to inform you that the City of Huntington Beach will be asked to decide if the above conditions are met concerning the City's acquisition of the above-referenced property as described above. This meeting will be held at or about 7:00 p.m. on November 17, 1997 in the City Council Chambers located at 2000 Main Street,Huntington Beach, California 92648. If these conditions are met, the City 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. 1 4/s:4-97Memos:Schuenot720.,3 RLS 97-841 10/31/97 For your information and convenience, a description of the property is attached to this notice. If you would like further information regarding the Project, please contact Mr. Paul Larkin at (714) 536-5445. Please be advised that you are entitled to appear and be heard on any of the matters encompassed within 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 Connie Brockway, City Clerk, at City Hall for.the City of Huntington Beach, at the above address. Please note that your failure to file a timely written request-to appear and be heard will 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 Agency 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 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. Neither the pendency of the City's consideration of the resolution of necessity, nor the initiation of formal eminent domain proceedings, in any way prevents further negotiations from occurring for the acquisition of your property, and the City will be most willing to continue such negotiations. If you have any comments or questions, please do not hesitate to contact Mr. Paul Larkin at(714) 536-5445. Thank you for your cooperation in this matter. Very truly yours, CITY OF HUNTINGTON BEACH F By: C � �^-i Paul D'Alessandro Deputy City Attorney 2 4/s:4-97 Memos:Schuenot RLS 97-841 10/31/97 RESOLUTION NO. 97-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE PUBLIC INTEREST AND NECESSITY OF ACQUISITION OF PORTIONS OF PROPERTY LOCATED ON GOLDENWEST STREET IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA, IDENTIFIED AS ASSESSOR'S PARCEL NO. 110-210-06, FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENTS WHEREAS,the City of Huntington Beach is authorized under the provisions of its charter and under the provisions of Sections 373505 and 40404 of the California Government Code to acquire property by eminent domain for public purposes, and specifically for street improvements; and The City of Huntington Beach has been investigating the acquisition of various interests in property, including a permanent easement on certain property on Goldenwest Street, identified as Assessor Parcel No. 110-210-06. The "Project" for the purposes of this acquisition consists of the widening and improving of Goldenwest Street; and On November 17, 1997, after no less than 15 days written notice to the record owners of the property referenced above and more specifically described in the legal description and sketch attached hereto as Exhibits "A" and"B"respectively,which legal description and sketch are incorporated herein by reference,the City Council of Huntington Beach held a hearing for the purpose of allowing the record owners of the property a reasonable opportunity to appear and be heard on the following matters: (a) Whether the public interest and necessity require the project; (b) Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; (c) Whether the property proposed to be acquired is necessary for the project; and (d) Whether the offer required by Government Code Section 7267.2 had been given; and The City Council, as a result of such hearing,has determined that the public health, safety, and welfare require that the City acquire various interests in the Property more particularly described herein("Property"), for the purposes of widening and improving Goldenwest Street; and The Project for which the Property to be acquired is sought has previously been reviewed under applicable environmental review procedures, including Environmental Impact Report No. 89-1, approved January 8, 1990; and 1 4/s:PCD:Reso1ut:Schuesle RLS 97-841 10/31/97 NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, HEREBY DOES FIND, DETERMINE, AND DECLARE BASED UPON EVIDENCE PRESENTED TO IT AS FOLLOWS: Section 1: The property to be acquired is located within the City of Huntington Beach, County of Orange, State of California, and is located on Goldenwest Street, and otherwise identified as Assessor's Parcel No. 110-210-06. The portions of Property the City seeks to acquire, and the Property interests sought, consist of a permanent easement for street purposes of approximately 825 square feet of frontage along the Property, as more specifically described in Exhibit "A" and`B" hereto. Section 2: The public interest and necessity require the Project, in that the City's General Plan, and specifically the Circulation Element, calls for the expansion of Goldenwest Street in the manner contemplated by the Project. In addition,the Goldenwest Street road widening is designed to relieve traffic congestion and increase the capacity of the street, which will require continuity in the roadway alignment and traffic handling capacity of the street. Section 3. The Project is located in a manner most compatible with the greatest public good and least private injury, in that 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, in that 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 Goldenwest Street. The Project will result in the least private injury in that, where possible consistent with safe roadway design restrictions,the property chosen for potential acquisition was done so to minimize the number of property owners affected, and to avoid impacts to residential properties. Section 4. The property to be acquired is necessary for the Project, in that the roadway widening must occur on property immediately adjacent to the existing roadway. Section 5. The offer required by Government Code Section 7267.2 has been made to the record owners,by way of letter dated October 29, 1997. Staff has attempted to negotiate 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. Section 6. To the extent any of the property to be taken herein is devoted to a public use,the City finds that the proposed use for the Project is compatible with, or more necessary to, such public use, and that the City is authorized to acquire the Property pursuant to Code of Civil Procedure §§ 1240.510 and 1240.610. Section 7. The Project has been reviewed and approved under the California Environmental Quality Act by way of certification of Environmental Impact Report No. 89-1, approved January 8, 1990, and the City Council finds and determines that since the time of that certification there have been no subsequent changes with respect to the circumstances under which the Project is to be undertaken, no new information of substantial importance regarding significant effects or mitigation measures or alternative which has become available, and no subsequent changes have been proposed in the Project which would require important revisions to the previous environmental impact reports, such that no further environmental review attending this proposed acquisition is necessary. 2 4/s:PCD:Resol ut:Schuesle RLS 97-841 10/31/97 Section 8. The City Council hereby declares it is its intent to acquire a permanent easement for street purposes in the above-referenced property in the City's name in accordance with the provisions of the laws of the State of California. Section 9. The City Attorney in conjunction with the law firm of Rutan& Tucker is hereby authorized and directed to prepare, institute, and prosecute in the name of the City such proceedings, in the Court having proper jurisdiction thereof, as may be necessary for the acquisition of the fee interest to such property. Said counsel are also authorized and directed to obtain any necessary order of the Court granting the City the right of prejudgment and immediate possession and occupancy of the property. PASSED AND.ADOPTED by the-City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November 1997. Y ATTEST: APPROVED AS TO FORM: �_ L_Zrzl_� City Clerk CityAttorney /�J t 1�,t 4 r� 10-3t-91 REVIEWED AND APPROVED: INITINTED AND APPROVED: City Administrator Director eff Public Works h , 3 4/s:PCD:Resolut:Schuesle RLS 97-841 10/31/97 EXHIBIT "A" LEGAL DESCRIPTION FOR ROAD PURPOSES A.P. NO. 110-210-06 BEING THAT PORTION.OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF . THE SOUTHEAST .QUARTER OF. SECTION 34, TOWNSHIP 5 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON THE MAP RECORDED IN BOOK 51_PAGE 13 OF.MISCELLANEOUS MAPS OF SAID COUNTY, IN THE CITY OF:HUNTINGTON BEACH, COUNTY OF.ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN A DEED FROM JOHN F. THOMPSON AND LOIS I. THOMPSON TO JOHN R. SCHUESLER AND MARY M. SCHUESLER RECORDED JANUARY 12, 1973 AS INSTRUMENT NO. 9971 IN BOOK 10512, PAGE 15 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING EASTERLY OF A LINE PARALLEL WITH AND 55.00 FEET WESTERLY, MEASURED AT RIGHT ANGLES, FROM THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 34. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN THE'EASEMENT FOR ROADS, ETC..CONTAINED.IN INSTRUMENT.RECORDED JULY 15, 1905 IN BOOK 91, PAGE 134 OF DEEDS. CONTAINING AN AREA OF 825 SQUARE FEET, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESERVATION, RESTRICTIONS, RIGHTS-OF- WAY, EASEMENTS AND LEASES, OF RECORD, IF ANY. Exp. o• r� jF r ALDEN & EXHIBIT "A" LEGAL DESCRIPTION SSOCIATES FOR ROAD PURPOSES A.P. NO. 110-210-06 CIVIL ENGINEERS—PLANNERS—LAND SURVEYORS W.O. No. 0879-273-8 Date 11 15 93 19012 COWAN,SUITE 210 • 1RVINE, CA 92714 714/6600110 FAx:e60-Dale Engr. D.C. Chk. D.W. Sheet 1 of 2 EXHIBIT "B" NE COR., 5E 114, SEC. 34 ELLI5 AVENUE 0 I `G�L�J•,�a. L%tKs ,•�, I 50, � 30' '� h 25' EAST LINE OF SE 114, SEC. 34, T. 5 5., R. 11 W., 5.B.B.M. 25' ►— , p� I .EASEMENT FOR ROAD PURPOSES •� 5.. E— PER:BOOK 91, PAGE 134, DEEDS 30, INST. GGO' LEGEND a� ►�, C`�" a 10512/159 O.R. I NDIGATES AREA --660' ® DESCRIBED HEREIN I Z I Iq Ni O 50ALE: 1'=100' a EMBIT 'B' *LDEN & SKETCH TO ACCOMPANY A LEGAL DESCRIPTION S S 0 CIATE S FOR ROAD PURPOSES A.P. NO. 110-210-06 18012 COWAN, SUITE 210, IRVINE, CA 92714 W.O. No. 0879-273-8 Date 09/29/93 (714) 660-0110 FAX: 680-0418 En r. D•C• Chk. D.W. Sheet?Of 2 II I I II �II III 1 � NN iH • i Q�\�� �d�11�1i� Res. No. 97-79 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 an regular meeting thereof held on the 17th day of November, 1997 by the following vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None City Clerk and ex-officio CLA of the City Council of the City of Huntington Beach, California G/reso1uti/resbkpg/97-39 •:RECEIVED CITY-CLERK CITY OF ,,,HUNTINGTON OF ACK.CALIF. F NOV q 9 so bpi '97 John R. & Mary M. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 November 3, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and to be heard at the city council meeting in regards to matters of resolution for the acquisition of the property on Golden West, parcel # 110-210-06. That meeting is scheduled for November 17, 1997 in the City Council Chambers. Thank you, Mary M. Schuesler ' RECE��EO CITY CLERK CITY OF HUNTINGTON PEAC-H, Nov 4 9 so Ali '97 John R. & Mary M. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 November 3, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and to be heard at the city council meeting in regards to matters of resolution for the acquisition of the property on Golden West, parcel # 110-210-06. That meeting is scheduled for November 17, 1997 in the City Council Chambers. Thank you, jhn R. Schuesler �WY9F ��yi�MGTUN 5EAM CALIF, OCT aVI '97 John R. & Mary M. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 October 22, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and to be heard at the city council meeting-in regards to matters of resolution for the acquisition of the property on Golden West, parcel # 110-210-05. That meeting is scheduled for November 3, 1997 in the City Council Chambers. Thank you, J�n R. Schuesler RECEIVED CITY CLERK CITY Of HUNT14GTON BEACH.f ALIF. OCT 24 10 56 A0 '91 John R. & Mary M. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 October 22, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and.to be heard at the city council meeting in regards to matters of resolution for the acquisition of the property on Golden West, parcel # 110-210-06. That meeting is scheduled for November 3, 1997 in the City Council Chambers. Thank you, Mary M. Schuesler Cr-tLrhw:. RECEIVED CITY CLERK CITY OF HUHTINGTON 'DEACH,c4IIF. Oct 58 John R. & Mary M. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 October 10, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and to be heard at the city council meeting in regards to matters of resolution for the acquisition of the property on Golden West, parcel # 110-210-06. That meeting is scheduled for October 20, 1997 in the City Council.Chambers. Thank you, Mary M. Schuesler gcEIYEO CITY CLERK CITY OF NUHTINGT6H B;ACH.CALIF. John R. & Mary M. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 October 10, 1997 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and to be heard at the city council meeting in regards to matters of resolution for the acquisition of the property on Golden West, parcel # 110-210-06. That meeting is scheduled for October 20, 1997 in the City Council:Chambers. Thank you, )h�neR. Sc esler ' i o ( CIT 6F HUNTINGTON BEACH f 2000 MAIN STREET CALIFORNIA 92648 August, 25, 1987 1;'THE RECORD r:�U MADE A PARS'OAT T Fn COUNCIL MEETING OF... .., OFFICE OR THE CITY CLERK CONNIE BROCKWAY,CITY CLERK John R. Schuesler 1. 4832 Curtis Circle QA41,c cow . Huntington Beach, California 92649 Re: Ap. #111-210-06 Dear Mr. Schuesler: The City of Huntington Beach, in preparing for the eventual widening of. Golden West Street, is required to make certain archaeological exploratory digs. The dig will cover a one meter by one meter area and the soil will be returned to its original condition, as mush as possible. There should be no nxire ;thc one or two digs per archaeological site, and those ;,.:�=_ •» sn-cnld ,,z an in early September ?Ad be c iple=';•:d by early Nov We--would `appreciate your permission to- enter on your vacant ! prendrty, East of Golden West and South of Ellis, 'for-.these. exploratory digs. Please sign, date and return one copy of this letter signifying your permission. Enclosed please find a copy of Plat Map of the designated area. If you have any questions, please.call Paul Larkin at (714) 536-5445. Thank you for your cooperation. Respectfully, . Dan M. Brennan Real Property Manager Owner: Dater DMB:PL:sl J� Cl NTINGTON BEACH STREET TON BEACH, CALIFORNIA 92648 i 7INGTON BEACH CALIFORNIA 92648 . Paul Larkin )TATE SERVICES Real Estate Analyst (714.)536.5445 tvvtt 1uh ur iiv i tL;iv i TO ACQUIRE Goldenwest Right-of-Way Widening Project Between Ellis Avenue and Yorktown Avenue, Huntington Beach October 17, 1996 Mr. & Mrs. John R. Schuesler 4832 Curtis Circle Huntington Beach, California 92649 Reference: Holly Seacliff Project#CC-1017 AP #110-210-06 (a portion) Dear Mr.& Mrs. Schuesler: - ._. Mr. MarkiLinnes, MAI Appraiser, contacted.ypu by mail on August 27,4996 regarding your above-referenced property. The purpose.was-to discuss various. aspects-of your property in prepazataofor an appraisal and,the eventual acquisition of an easement interest in the property; ;.forthd'Qollenwest right=of-way widening project. - t n1s 1ot1c �to confirm the.iriteritit i pf the City of Huntington Beach, through.its Real Estate , Servi es-Division, to acquire for ;x*rr '�. widening purposes, the referenced property or a portion _. thereof We now have the appraisal of your property and are prepared to-present-an offer to purchase the property easement.required for street right-of--way. We would like to arrange an appointment to meet with you to present and discuss the City's offer at a time and place convenient to you. The enclosed booklet, "Your Property, Your: Transportation. Project", plat map and legal description may have helpful information with regards to this transaction. To arrange a meeting, please call Paul Larkin at 714/536-5445. Respectfully, DAN M. BRENNAN Director Real Estate Services 0� y r 3 2-o 6 lea 70 � 4.1000 f - CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES February 3, 1997 Mr. & Mrs. John R. Schuesler 4832 Curtis Circle Huntington Beach, California 92649 Reference: Holly Seacliff Project #CC-1017 AP #110-21M6 (a portion) Dear Mr.& Mrs. Schuesler: In our letter to you dated November 22, 1996, we discussed the need for. a Phase I and II Environmental.Study_ on your above referenced property prior to presentirig an offer to acquire ' `"' • the street right-of-way. w "The studies,are,now.com 1p ete a dnr � cater no substantial3l~Ia�ard real prob can needing - -. ._ remediation on that portion of your:property to'be used for the"piiblic_rtg 'of-way.improvement_ Withthis letter_we_are reques Pg- `meeting with you'so that we may present the Citys:oFfer to purchase"that portion of your property--needed for the Goldenwest`right-of-Wdy,pray We appreciate your cooperation in this public right-of-way expansion project. Please respond to this request by calling'Paul Larkin at 714/536-5445 as soon as possible. Time - is of the essence. Respectfully, DAN M. BRENNAN Director Real Estate Services CITY, OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES March 14, 1997 Mr. & Mrs. John R. Schuesler 4832 Curtis Circle Huntington Beach, California 92649 Reference:Goldenwest Right-of-Way Proj Dear ivir. & Mrs. Schuesler: On February 3, 1997,we sent a letter to you requesting that you contact us to schedule an appointment in order for us to present an offer to acquire all or a portion of your property needed for the above referenced public street right-of-way project. If we have not received a positive response from you to set an.appointment within 30 days or by April 15, 1997, we will be required to follow the procedure described below. °rh,e law provides the procedure for.-public-agencies to acquire private property for public use-. It presently requires that_every... agency which�irtzyd Y^eondemn.p� w must notify the owners of that.property of•its intention to condemn. Such notice.must ' • be t "ubmis`s►�b'; Sf'an authors `rosolutitm to the City Council forradon art: The aurpose of the Notice of Intent is to voa '`t mwthe: : -Council-to'seek'tW__6dguis do � four`yroyerty through judicial prooess iadvise u n f a' negotiated agreement •s not reached. Please be advised that the offer,will be forwarded to-the City Attorney in 30 days and`he ggjQtial initiation a Kherproceedings.does not preclude continued negotiations through all steps of the acquisition procesl . Agreemed baat�td �a ov j`and.the City may be delayed for a variety of good ret" ns; however, in order to maintain a schedule '- of constnietior„. of tKtis'}�,, po rty, certain procedural steps must be taken. One such step is to advise an owner._- :ry intent to recommend the City-acquire property through court proceedings. The project which requires your property is now scti'e Jied for construction in the near.future. A legal.description of the required.property and an excerpt from the appraisal was sent to.you in our original letter dated,February 3, 1997. A Notice.of Intent will be mailed.to ynu which gives you an opportunity to appear before the Huntington Beach City Council to raise questions concerning the public interest, necessity, and location of the project as it affects your property. The subject of the amount of compensation for your property is not an issue for the City Council and it will not be considered by them. If the. Resolution is adopted; the City has the authority to file an eminent domain action in the Superior Court. In that Superior Court Proceeding, the amount of condemnation is determined. If you desire to appear before the City Council and give proper notice of appearance,you will be notified of the date, time and full address of the meeting place. If you have any questions regarding the procedure, you may call Paul Larkin at(714)536-5445 Respectfully, DAN M."BRENNAN Director Real Estate Services Intent.doc. The City of Huntington Beach • Real Estate Services Division SUMMARY STATEMENT RELATING TO THE PURCHASE OF /2,z, REAL PROPERTY OR AN INTEREST THEREIN Goldenwest Right-of-Way, CC-575 -Widen and'im prove-Goldenwest Street right-of-way between Garfield Avenue and Yorktown Avenue on the East side of Goldenwest St. The City of Huntington Beach is proposing to widen right-of-way between Ellis Avenue and Garfield Avenue.. Your property, located on Eest side'of Goldenwest Street is within the project area; and is also identified by your county assessor as Parcel No. 110-210-06(a portion) Title III of the Uniform Relocation Assistance-and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines requires 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 with a summary of the appraisal of the real property or interest therein,as well as the following information: , 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 rate portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/(are) owned by you or, if applicable, occupied by you as a tenant and which is/(are) contiguous to the land being conveyed. 3. All buildings structures and other improvements affixed to the land described'in thwreferenced document(s)`covering this all and owned,by the grantor(s) herein or, if,applicable, owned by you as,a,tenant-are;being.conveyedyunless ":- 4, other disposition;,of theswimprovements.,has:.been•made-. he interest acquired is:an.Easement:'.The.property being purchased attached comprises 825±sq.ft;and.is described in the attached deed-and,outlined in color on the,attached map..' 4. The market value of the property being purchased is based upon a market value appraisal which is summarized on the-attached AnpraiseT�,7*mmary Statement and such amount: a :f e'dresZ,�'):I";ihe ful6mount of the appraisal of just compensation for the property to be purblilased; b. ts.not less' han the approved appraisal of the fair-market value of the property as improved; c. Disregards any decrease or increase 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 or by the . likelihood that the property would be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and 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 Department of Transportation. 5. The owner of a business conducted on a property to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the N/A (Insert appropriate reference) ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 6. If you ultimately elect.to reject the City'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. SUMMARYMOC: 02/10/97 3:41 PM 110-210-06 (a portion) STATEMENT OF JUST COMPENSATION 1'itrsuanl to GOLDENWEST RIGHT-OF-WAY CC-575 (Authority) THE CITY OF HUNTINGTON BEACH is now in the process (•AcqquirinK Aggeency) of acquirin}t private pntlxrty ncecseary I'ur 1aII3ENI)9G OF GOLDENI;IEST RIGHT-OF-WAY If is nteCs ary to acquire your prulxrty.since it is within the project area. Including any and all rig is of' entry you may have, if any. We are prepared to commence negotiations with you for the purchase of your property subject to any existing Easements or Restrictions of record and excepting and reserving the following interests which will not be acquired and for which no value is included in our estimate of just compensation: Oil and Mineral interest 500' Jae"W S 0APAc-C-7• In complianr_with Section 301 of the Uniform Relocation Assistance and Real Property Acquisition Polsda Act of 1970.Public Law 91-646,and/or of Division 7 of Title l of the Government Code,an estimate of just compensation in the amount of S 9' au' 0 P.S�LO has been made for the interest to be acquired in your property(See"Legal Description"). This amount is based upon an approved appraisal and is not less than the appraiser's opinion of fair market value which he determined after a personal inspection of your property,at which time,you or your -representative were given the opportunity to accompany him. Tlx appraisal takes into consideration the location of your property,its highest and best use,current land sales of properties similar to your property and other indicators of values,i.e., EASEMENT INTER8ST �Jtu,ct �dmpcnsatiun.inUudes.tnuw•nls fur the land,itnprciverrrents ,Yv = *�tt any and other elements as follows: °' ` e f 20 IMPROVEMENTS: :;tea a. Buildings Structures i 0 DAMAGE TO THE REMAINDER S 0 5,L, OTHER S 9,g00.00 • TUTA L $ Any increase tir decrease in the market valuation caused by the public improvement or project for which the prol><rl�- i. to he-acquired.or by the likelihciod that the project would be acquired for such improvement or project, f,", ether Hiatt that due to physical deterioration within the reasonable control of the owner,has been disregarded in making the tic lermivation ol'jua �unt}xats:ilion. Attached is a brochure emitted "Relocation Amislanee Infonnalion for Landowners,Tenants, Farmers'and 86siaesses:'This brochure provides information about relocation hencftts that you may be eligible for under Public Law )1-(46 slid State stalules. ' STATEMENT OF OWNER SGHOes(-� . �. ' I have been informed of my rights under Public Law 91.646 and State statutes: (Initials) I have read and understand the Statement of Just Compensation. (initials) t,= There are persons living on the property. Yes No TPO There.are businesses being.conducted on the property by others. Yes No , Date -UPR 48(Rev: 10/75) PURCHASE AGREEMENT V This agreement made - this day of 1997 between TnHN T2 SC RTTFST FR AND MARY M. SCHUESLER hereinafter designated as the Seller , and City of Huntington Beach , herein called the Buyer . Witnesseth., that the Seller in considera- tion of the covenants and agreements herein contained and made by, and on the part of the said Buyer , agrees to sell and convey unto the Buyer , and Buyer agrees to buy all that real property in the City of Huntington Beach , County of Orange , State of California , described as follows : LOT BLOCK TRACT BOOK 406 PAGE 209 Legal Description Attached AKA. A.. P . # 110_ 210 - 06 (a portion) Buyer agrees to purchase for the sum of $ 9,400.00 Cash . Said amount to be paid to Seller at .Close of. Escrow. Deed from Seller to be re- corded . Purchase price is based upon Seller delivering to City title to property free of any liens , encumbrances , easements , and restric- tions , rights and conditions of record as known to Seller other than current property . taxes .and Covenants , Conditions and Restrictions and public • utility easement of record , if any , provided the same does. not adversely affect the use of the property for the purpose for which it is - being pur`chased',•.'unle-ss approved -by• Buyer within .10 days of receipt of a .cu,vrent - title report furnished :at Buyer:,."s-.:etcp;e:%ft;se . Possession . to be given- to Buyer on recordation of deed : .� This purchase i cet ;tingent on Buyer ' s ability . to asaumeU=_t following eneu�tbr`an� '._ or "fake the proper-ty subject thereto : no ecmbr•: ces Personal prop.erty to . be included at no extra .' chirge to Buyer : 'None.. There ! are no oral agreements not contained herein or on reverse side. hereof . Time is .of the essence of this agreement. Receipt of a copy of this instrument is' hereby . acknowledged : GOLDENWEST RT.GHTrOF-WAY CC-575 SELLER' S ACCEPTANCE : ✓ Date : ✓ Seller Phone : Seller .Address V BUYER' S ACCEPTANCE: Date : 19 .City of Huntington Beach L CITY OF HUNTINGTON BEACH L- IJ 2000 MAIN STREET CALIFORNIA 9264.8 REAL ESTATE SERVICES March 26, 1997 John R. and Mary M. Schue'sler 4832 Curtis Circle Huntington Beach, California 92649 • Reference: Holly Seacliff Project #CC-1017 AP #110-210-06 (a portion) Dear Mr. & Mrs. Schuesler: Thank you_for your letter datedMarch L8; 19.97 in:respo, e_to-.our_�letter ta-�pa� C'zL.:enwesf-Strert widen aWcting your above subject property. �closed, per your request, please find our offer in the amount of$9,900.'00;which is theAbll Y._ of the appraisal (copy enclosed). A-form "Just Compensation" is also enclosed for your ':;: _ initials and date. :.'hen the signed arid'dared white copies of the documents are returned to us we will open escrow with.First American Title Insurance Company..They will forward you escrow instructions and a � 'deed�for rop' }jai ,n. We Vvill close escrow,as soon as possible thereafter.. Thank,you for your prompt response. If you have any questions, please call Paul Larkin at 714/536-05445. Respectfully, DAN M. BRENNAN Director Real Estate Services .icy April 9, 1997 Paul Larkin City of Huntington Beach Real Estate Services •2000 Main Street Huntington Beach CA 92648 .SUBJECT: Golden West Right-a-Way Ref: 1) Holly-Seacliff Project CC-1017 2) CHB letter 3/26/97 , _. _may : Dear Mr.-Larkin' Listed below are the conditions n which we will sell.a-portion of AN 110-210-06: . 1. Sales price: $20,000.00`-"'Y"� `` f ;< • 2. Buyer to pay.all fees associated with the sale :.., 3. Exe"mption from a►iyeA.�.�sessments associated-With,any of the Holly-Seacliff protects. ,., 4. Taxes to.be reduced proportionally in size of the remaining footage. S. CHB.Io furnish all improvements at both ends of the.property at no cost to the seller. 6. CHB to move water line, backflow valves and trees at no charge to the seller. . 7. Payment to be made within thirty(30) days of agreement of sale. Buyer's Acceptance: Date: City of Huntington Beach Should you have.any questions, please contact me. Regards, qtn&RSchuesl r 4832 Curtis Circle Huntington Beach CA 92649 r. CITY OF HUNTINGTON BEACH 2000 MIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES April 14, 1997 Mr.-John R. Schuesler 4832 Curtis Circle I-Iuntinaton Beach, California 92649 Reference: Goldenwest Street Right-of-Way Improvement Project #CC-1017 (AP #1 10-210-06 a portion) Dear Mr. Schuesler: Thank ,} * ,;, ,cur. prompt reply _to .the City's offer to purchase an easement.interest to the �C ,ur above described parcel for street right-of-way purposes. The followin. sin P g y P IP ...$►f i6sponse to your letter to us dated April 9, 1.997.. (copy enclosed) . 1) Sales Price•: The City feels its offer of$9,900.00 for the portion of your property needed is rt;asonable and fair compensation ?•} The C,ty will;pay all escrow and titie ee� aociated with the transaction. 3) Exempt ions .We are aware of no further assessments associated with this project; we have no authority to grant any exemptions. 4) . If requested the City Attorney's office will supply.a letter stating the rroYerty is being taken under threat of condemnation. It.is the property owners responsibility to.request the County a proportionate tax reduction. 5) The City will put in all the street improvements on the easterly portion of your property at no cost to you. 6) The City will also move (where necessary) all existing water lines and valves and relocate or replace-trees (if requested) affected by the project at no charge to the seller. 7) An escrow will be opened with First American Title Company when-agreement. is reached and will close as soon as possible thereafter usually within 30 - 60 days. As you are aware, if you were to develop your-parcel prior to our project, you would be required .v► by Conditions of Approval, to dedicate for public use, 25' plus required setbacks at no cost to the City and improve the right-of-way at your cost. It is obvious that this project is a direct benefit to your property and enhances its value for a potential developer. The City is required to give each owner "Just Compensation" for their property in a public .project such as this and at the same time must not exceed the amount offered which might then be considered '.a gift of public funds". Thank you for your continued, courteous response. to these negotiations. If you have any questions, please call me at 714/536-5445. Respectfuflly, PAUL S. LARKIN . y Real Estate:Agent PRO.PERTY P APR 1 4 1�;, April 9, 1997 Paul Larkin City of Huntington Beach Real Estate Services _ �f p C©.5 r -�-- 2000 Main Street Huntington Beach CA 92648 SUBJECT: Golden West Right-a-Way Ref: 1) Holly-SeacliffProject CC-1017 2) CHB letter 3/26/97 il..Fig Dear Mr. Larkin: Listed below are the conditions upon which we will sell a portion of AP#116-410-06: tV Sales price:. . S20,000.00 ✓�.: ✓ `Buyer to pay all fees associated,with the 9alc��'1r'� ;;_ ' 6 = 3 �=Exemption from any further as �ssments-as* afe�dwith arty of the Holly,-Seacliff projects. 4. - &-�' •�to be-reduced-proportion),,Vin size of the remaining footage. 5:'xA;V ,-CHB,to.furnish all improvemetile at both ends of the property.at no cost to the.seller. ✓6. ''I CHB:to move water line,b ow valves and trees at-no charge to the seller. %/�. ✓ -Payment to be made h rty (30) days of agre ment of sale. Buyers Acceptance. Date: City of Huntington Beach Should you have any questions, please contact me. Regards, � 4_. qohn R Schuesl r 4832 Curtis Circle Huntington Beach CA 92649 CITY. OF H.UN`7r'INGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 REAL ESTATE SERVICES August 20, 1997 John R. and Mary M. Schuesler 4832 Curtis Circle Huntington Beach, California 92649 Reference: Offer to Purchase a Portion of AP #110-210-06 for Right-of-Way Widening and Utility Purposes of Golderrwest Street in Huntington Beach. Dear Mr. & Mrs. Schuesler: We received your signed Offer to Sell the,above described portion of your property on August 6, 1997.. In this offer you had d.eleted..a certaKoaragraph that discussed soil contamination s remedies-by.the City Our.att6Mey,.-has some concems.tep ding this and has..draWn-u21� r.a °,{i7 �`fol lowrn K ara era l to`replace ed' -' Sellerwarra?zs an _pTesents to Buyer that it-has no knowledge of or reasonable cause to.believe that there-exisis a release`or threate ;xeJP,nse of any "hazardous substances" on the property, as that teEm is defined by Califorra:a a#I fi3Kc Safety Code Section 33459. Seller .furtherl arrants and represents to Buyer thatif Nis no information to provide regarding the presence of any such hazardous substances on the'property, under-Health &.Safety Code Section #25359:7. All parties reserve all rights"under all applicable laws regarding any actual or threatened hazardous-substances-on-the-"Property." In order for us to request an Escrow we will need you to initial and date adjacent to the above paragraph and then return this letter to us. Thank you for your understanding and cooperation. If you have any questions, please call me at 714/536-05445. Respectfully, TAUL S. LARKIN, Real Estate Agent CITY OF HUNTINGTON BEACH 1. , 2000 MAIN STREET CALIFOR.NIA 92648 ADMINISTRATIVE SERVICES Notice of Intent to Acquire Goldenwest Street Right of Way Widening Project South of Ellis Avenue to Garfield Avenue July 16, 1997 Mr. John R. Schuesler 4832 Curtis Circle Huntington Beach, California 92649 Reference: -Officer for Acquisition by the City of Huntington-Beach of Property Located South of Ellis Avenue on Goldenwest Street, City of Huntington Beach, Assessor's Parcel No. 110-210-06 (a portion), Seacliff Project#CC-575. Dear Mr. and Mrs. Schuesler: This letter is being forwarded to you as the owner of the above referenced property. The purpose of this letter is to t make an offer to you to acquire the above referenced property, as more particularly described in the Appraisal Summary attached to this letter(the"Property"). This Property is sought by the City 9f Huntington Beach (the."City") for purposes of widening and improving Goldenwest Street. The Property,has been appraised by Mario M. Linnes, MAI, a professional real estate appraiser retained by the City. The s ity is offering no less than the full amount reflected in.the rP,7al as fair market value for the property. 'As - s 2e ra pu will recall yob+ wet u �f tPri byV the;appraiser-andxpi !` - `, 4-pportunity to,accompany him on a personal ' �G �ecUon of fhe`Prop _ ; . _ _ Atta"hed hereto;as. x i i - is a summary of the basis of the City's appraisal.fixing the amount established by the G`ity F gust compensation for the Propepj. The City is,offering$9 J00� _!he Property. 7. r( This offer is.for conveyance to the City`of title �i a permanent easement.in'the Property. Payment will be made whenithe title to the Property vests in the City free and clear of all recorded and unrecordbd liens, encumbrances, assessments, leases ancFtaxes, except: 1. Taxes for the year in which.the property is purchased, which shall be cleared and paid in the manner required by Section`5086 of the Revenue and Taxation Code, if unpaid at the time of escrow for the purchase closes; 2. Covenants;conditions, restrictions and reservations of record, that do not interfere with the City's proposed use of the Property;, 3. Easement or rights�of-way over the land for public or quasi-public utility or public street purposes, if any; and 4. Any other interests in the property or exceptions to the_title appearing on a preliminary title report or litigation guarantee,which are accepted by the City in writing_through escrow. The City will pay all escrow and recording fees incurred in the purchase of the Property and if the title insurance is obtained, the premium charge for such title insurance, Please be advised that the amount paid to you pursuant to this offer, if it is accepted, may be eligible for favorable tax treatmenfunder Internal Revenue Code Section 1033, relating to acquisitions under"threat of condemnation", providing you purchase qualified replacement property within. the time periods set forth under law. The IRS has literature explaining the details of this favorable.tax treatment, which you may with to consult. In addition, Section 2(a)of Article XIIIA of the California Constitution'and Section 68 of the California Revenue and Taxation Code generally provide that property tax relief-shall be granted to any real property owner who acquires comparable replacement property after having been displaced by governmental acquisition or eminent domain proceedings. The State Board of Equalization has prepared guidelines on those matters, which you also may wish to consult. Please contact me if you would like any assistance in obtaining materials from the IRS or the State Board of Equalization on these matters. . 1 • . +' Notice of Intent to Acquire Goldenwest Street Right of Way Widening Project South of Ellis Avenue to Garfield Avenue �. lease be advised that the offer sta ove presumes the Property is free of hazardous su (as that term is defined er the California th and Safety Code Section 33459(b)and all oth urface soil contamination. In th ent that any fact circumstances arise which indicate the pres such subgurface contamination the reserves the ri o rescind, or modify, the offer stated ab at any time prior to its written ac ce, to reflect the esti ed or actual costs to remediate th perty to th satisfaction and appro all applicable regulatory ncies. Further, in the event the iscovers such soil contamination a acquires the Property, the Cit eserves all rights and remedi ' may have against you, and all pri�asa o seek damages or other reme ies in connection with an ediation or other obligations the Cit lt of the contamin ' as may be permitted or au ed by any law, including but not li o CERCLA (42 U.S.C. SS9601 seq.), the Hazardous Was ntrol Law, California Health and Sa ode (Section 25100, et. seq.), the P er Cologrie Act (Californ' ater Code Section 13000 et. seq.), ornia Health and Safety Code Sections 5280 et. seq. and 33 et. seq.), and the provisions of Propositions 65. Thye determination of market value of the property being acquired is based upon a market value appraisal prepared in accordance with accepted appraisal procedures. The value of the property is based upon an analysis of recent sales of comparable sites and similar properties in this locality with consideration of the highest and best use for development of the property. FAIR MARKET VALUE, as used in the appraisal, is the highest price on the date of valuation that would be agreed to pay a seller, being willing to sell but under no particular or urgent necessity for doing so, nor obligated to sell, and a buyer being ready, willing and able to buy but under no particular necessity for doing so, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available(Cde of Civil Procedures, Section 1263.320). z Nth.. =cRursuant�to=Stat ,:any:decrease or increase-in-the-.value.of the property to.be acquireep W to the-date of' valuation.,cat sed;b. '�g�Q�blic,:improvements or par;t for%,rich the,property;isyacquired or_ ±"�hk?hlwod that the properfyrwdr ►,� awred for such improvement.or project, othcahan that�due to physicauel'`enuna,onihm- " - the:reasonable-control-of1he-owner;-has-been disregarded:by the appraiiseriniimAing`the determination of the fair market value"of the property. In reaching the conclusion on.fair market value, the appraiser has given-filad•capful consideration to the highest- and best,use for the property and to all features inherent in the property affecting its h*rket value. This summary of the basis of the amount offered as just compensation is.presented in compliance with federal and state laws and has been derived from a formal appraisal prepared by an independent fee appraiser which includes supporting sales data and other documentation. In addition to the compensation foi the fair-market value of the property, you may also be entitled to relocation assistance.pursuant to State Relocation. Assistance Law (California Government Code, Sections.7260 et. seq.; . ,a Relocation Assistance and Real Property Acquisition, California Administrative Code Title 25), or local relocation guidelines. Relocation assistance is not part of this offer. If you would like to inquire further regarding your eligibility for relocation assistance, please contact me at(714)536-5445.' A Please be advise'Nat California Code of Civil Procedures, Section 1263.510 allows a party whose property is subject to public acquisition to claim compensation for loss of business goodwill. This offer does not reflect any amount attributable to any loss of business goodwill. Attached to this letter, where applicable, is a "Notification of Right to Claim Loss of Business Goodwill", a "Claim for Loss of Business Goodwill", and a "Loss of Business Goodwill" questionnaire. These materials explain in further detail the provisions of the Code of Civil Procedures, Section 1263.510, and explains what the owner of a business must prove in order to be compensated for business goodwill losses. If you wish to make any claim for loss of goodwill, the City requests that you review and complete the forms attached (where applicable). If this offer is acceptable.to you, please so indicate to the undersigned in. writing. .Upon receipt of your written acceptance, a Purchase and Sale.Agreement.incorporating the terms of this offer, and containing further escrow in regarding review and elimination of exceptions to title will be forwarded to you for signature: Upon receipt of•a signed Purchase and Sale Agreement,.the matter will be reviewed by the City Council-which has final ratification author If the deal is approved, escrow will be opene immediately: The City generally uses F st American a ompany in Santa Ana to handle escrow's, and proposes this company to handle any escrow here. The City is of course willing to consider other escrow companies if you so desire. 0026671.01 -2- 07/16/97 3:16 PM Notice of Intent to Acquire Goldenwest Street Right of Way Widening Project South of Ellis Avenue to Garfield Avenue If for any reason you are not satisfied with this offer or just compensation, and have relevant information regarding the value of the Property that you would like the City to consider, it will be happy to do so. If you have such information, please contact me immediately and I will make arrangements to have the information reviewed and considered. In addition, you should be aware that in the event negotiations between the City and you should fail to result in agreement, and the City decides to proceed with acquisition of the Property through eminent domain, you will have-the right to have the amount of just compensation to be paid by the City for the Property fixed by a court of law. If you have any questions regarding this offer, or wish to request additional information, you may contact me at (714) 536-5445. Sincerely, P UL LARKIN, Real Estate Agent Real Estate Services Division . PL:skd Enclosures The City Attorney's Office will supply a letter stating the property is being taken under threat of condemnati The City will also move (where necessary) all existing water lines and-valves and relocate oc-sopiaee-trL� affected*by the,proiect at no.charge to the•seller i Sellers no disltron` horse st II Y- - . Seller zegaests closing by, Se emberN97 or .� sooner. - �� � 'Jw� _ -y/RC The booklet"Your Prope-I'xii•-Y'our Transportation Project"is enclosed with this offer. I agree-to the above terms and iv7iditions. - Date:. �' 477 Location: . John YSchuesler Mary M. c uesler 0026671.01 -3- 07/16/97 3:16 PM CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORMA 92648 REAL ESTATE SERVICES August 2 E 1997 John R..and Mary M. Schuesler 4832 Curtis Circle Huntington Beach, California 92649 .Reference: Offer to Purchase a Portion of AP #110-210-06 for Right-of-.Way Widening and Utility Purposes of Goldenwest Street in Huntington Beach. Dear Mr. & Mrs. Schuesler: Per your-recent phony call, please find a copy of.the Code Information referenced.iriv'ff fer letter-?„'-.you attached ". •` Qalii`arru Health & Safety Code #33459" n—lilif4rnia Health & Safety Code #33459.7" - :a 64 • "► ,k _� Also, a study15s�)vered. "as made.,of the area needed for =of--way purposes and no;significant; rol rya . p m s .I hope this information is of assistance to you,regarding your decision on:our offer If' ou have any Cl ions,.please call,me at 714/536-05445. Respectfully,.: S: LARKIN,. PAUL Real Estate Agent *t § 33459 HEALTH AND SAFETY CODE § 33459. Definitions For.,'purposes of this article, the following terms shall have the following meaning: (a) "Department'.' means the Department of Toxic Substances Control. (b) "Director" means the Director of Toxic Substances Control. (c) "Hazardous substance" means any hazardous substance as defined in subdivision.(f) of Section 25281, and any reference to hazardous substance in the definitions referenced in this section shall be deemed to refer to hazard- ous substance as defined in this subdivision. - (d) "Local agency"means a single local agency that is one of the following: (1)A local agency authorized pursuant to Section 25283 to implement Chapter 6.7(commencing with Section 25280) of, and Chapter 6.75 (commencing with Section 25299.10) of, Division 20. (2) .4 local health officer or designated local public officer authorized pursu- ant to Section 25187,7: (3) A local officer who is authorized pursuant to Section 512 to supervise a remedial action. (e) "Qualified independent contractor" means an independent contractor who is any of the following: (1) An engineering geologist who is certified pursuant to Section 7842 of the Business and Professions Code. (2) A geologist who is registered pursuant to Section 7850 of the Business and Professions Code. (3) A"civil engineer who-is registered,_pursuant to Section 6762 of the Busi- rh JIN Professions Code. ease means any release 'as defined 11 ';?r•coon 25320. ,4(g)"Remedy" or "remove" means any actiorit!assess, evaluate, investigate, nnonitor, refnEs :, correct, cleanup,:,or abet elease of a hazardous substance. br..toldevelop plans for those actions. `<R n r" includes any fiction set.forth` _ =:iy'Sectioii 25322 and`;`;ei�tove'1 udes any action set forth in Section 25323. . �a = (h) "Responsible party.'"�_4neans, notvrithst, ndirlg any other provis(Qn of law, any person described irr subdivision -ja) of Section 25323.5 of this code or;, ,a'.. .. ' subdivision (a) * ** of Section 13304 of the Water Code. -yy K Added Stats_1990 ch.li �T./AB 3193)TA(fected by Governor's Reorganization Plan'No. 1 of 1991 129,effective luly471'3Ainended Ststs 1993 ch 163 § I (AB 175).Amended Scats 1996 ch 623 §2 (SB 1425). Editor's"Notes—Under Gov C§ 12080.5,'the Governor's Reorganization Plan No. I of 1991, of May 11. 1991, became effective July 17, 1991. Amendments. i 1991 Amendment (Gov's Reorgan Plan No. 1 of 1991):(1) Substituted "Department of Toxic Substances Control"•for"State Department of Health Services"in subd (a);and(2)added"of this code" in subd(f)• 1993 Amendment:The amendment made no change. 1996 Amendment: (1) Substituted "terms shall have the following meaning" for"definitions shall apply" in the introductory clause; (2)added subd (b);(3) redesignated former subd (b) to be subd (c); (4)added subd (d); (5)redesignated former subds(c)—'f)to be subds`(e)—(h);and (6)deleted "of Section 25323-5 of this code or subdivision(a)"before"of Section 13304"in subd (h). Note— Stats First Ex Sess 1989-1990 ch 26 provides: SEC.9.The provisions of the California Environmental Quality Act(Division 13 (commencing with Sec- tion 21600)of the Public Resources Code)shall not be applicable to the redevelopment plans for disaster- related projects adopted,amended,or merged by the Cities of Santa Cruz or Watsonville pursuant to the provisions of Sections 33459 and•33477 of the Health and Safety Code and the redevelopment plan adopted by the City of Oakland pursuant to Section 33670.9 of the Health and Safety Code. SEC. 10. Notwithstanding Section 21090 of the Public Resources Code.and Section 15130 of the State CEQA Guidelines (Chapter 3 (commencing with Section 15060) of Title 14 of-the California Code of Regulations),each projeci that implements the redevelopment plans adopted,amended,or merged pursu- ant to Sections 33459 and 33477 of the Health and Safety Code,or adopted pursuant to Section 33670.9 of the Health and Safety Code,shall be subject to the provisions of the California Environmental Quality Act(Division 13(commencing with Section 21000)of the Public Resources.Code). Collateral References: California EPA's policy and legal response.4 Land Use&Environ Forum No.3(Summer 1995)p. t55. i j - - -- • ••rrk,V,j U. �,Incwuu sections; commencement of removal or remedial action '. Sections 33459.3 and 33459.4 Ga iy only to remedial or removal actions cum- menced by an agency before January 1, 1999. For purposes of this section, an agency that adopts a resolution to undertake a removal or remedial action shall be deemed to have commenced the removal or remedial action on the date the resolution is adopted. j Added Scats 1990 ch 1113 §2(AB 3193). Amended Stats 1993 ch 163 §5 (AB 175). Amendments: 1993.Amendment:Substituted "January 1, 1999"for"January 1, 1994". John R. Schuesler 4832 Curtis Circle Huntington Beach, CA 92649 October 10, 1997 City of Huntington Beach 2000 Main Street .Huntington Beach, CA 92648 Attention. Mr. Larkin RS: Parcel #110-210-0.6 y Golden West Right-of-Way Reference: 1. -Holly Seacliff Project, CC1017 2. City of Huntington Beach Letter dated 3-26-97 3. Telephone Conversation: Schuesler/Larkin 7-14-97 4. Telephone Conversation: Schuesler/Larkin 10-6-97 .� Confirming our telephone conversation as to reference.#4.;_,th—conditions of sale are: � a rz31 price: $11,624.00. : uy�r.to pay all fees associated with the sale. ; 3. City of Huntington Beach to move water line, back flow,valves and trees at no cost tQ..seUar: 4. Property b be sold "AS IS". "The City of Huntington.Beach.has fated to negotiate purchase of this property in good fa!t for,th'e.following reasons: - 1. The appraisal does`not reflect the current market value today.. Also, the $11,624.00 is an average value. 2. As of August, 1987 we were advised of the widening of.Golden West Street and to this date each proposal by the city has included added conditions to the original purchase proposal to the point of being ludicrous. 3. The conditions of the property for sale "AS IS" was previously accepted by the City. 4. It appears to me that th-e purchasing of this right-of-way represents a conflict of interest. The City of Huntington Beach is mandating to the owners for the benefit of the developers. We await your acceptance. Sincerely, n R. Schue ter John R. & Mary M. Schuesler 4832 Curtis Circle .'Huntington Beach, CA 92649 October 10, 1997 City of Huntington Beach J 2000 Main Street Huntington Beach, CA 92648 Attention: Connie Brockway City Clerk I am requesting a time slot to appear and to be_beard at the-city-eounci( ;',!eeting_in regards to matters.of resolution.for..th-e.-acq.uisitionLof:the,,pr_ ,tv,on;nolden•.. t, �n parcel.'# 1.1.0=210-06. t r x eetm is scheduled for October 20; 1997 in the City.Council Chambers. Thank _ hn R-.'Sc esler Z";nn REQUEST FOR LATE SUBMITTAL OF RCA ... -. -.. -.. --.......... .... . .... .... Department: RCA �D�W• ►�,//&—ZZF T ,r Aw Title / —��51 zV . Council Meeting Date: r�' 1 7—q 7 Date of This Request: I— 17 REASON (Whyis this RCA being submitted late?): L �� 11_5----01 7 V. EXPLANATION Why is this RCA necessary'to this agenda?): eew CONSEQUENCES (How shall delayof this RCA adversely impact the City?): --o-� z. T- I �� e J S- .... . . . ...... atur B-Approved O Denied O Approved O Denied Initials Required ay Silver ad 0003982.01 RCA ROUTING SHEET INITIATING DEPARTMENT: ADMINISTRATIVE SERVICES SUBJECT: GOLDENWEST RIGHT-OF-WAY INTEREST AND NECESSITY COUNCIL MEETING DATE: November 17, 1997 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 Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) 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- FORVVAPAPED Administrative Staff ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) .... EXPLANATION FOR_RETU:RN OF ITEM. Only)(Below Space For City Clerk's Use RCA Author: