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Home My WebLink AboutTroxell Family Trust - Quitclaim Deed - Dedicatioon of RightDept. ID PW 16-046 Page 1 of 2 Meeting Date: 9/6/2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 9/6/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve Quitclaim Deed for Dedication of Right -of -Way for Public Street and Utility Purposes at 220 Geneva Avenue Statement of Issue: As part of a single family residence development project at 220 Geneva Avenue, an easement deed for dedication of right-of-way for public street and utility purposes was incorrectly drafted and processed on Lot 12 of the owner's property whereas it should have been processed over Lot 11. This request is to approve the attached Quitclaim Deed which will, after recordation, effectively correct the encumbrance from the subject parcel. Financial Impact: No funding is required for this action. Recommended Action: A) Approve the subject Quitclaim Deed and authorize the Mayor and the City Clerk to execute on behalf of the City; and B) Instruct the City Clerk to record the approved Quitclaim Deed and the attached exhibit with the Orange County Recorder. Alternative Action(s): Deny the recommended action. Analysis: The single family residence development project at 220 Geneva Avenue consists of two adjoining lots (LOTS 11 AND 12, OF BLOCK 602, OF THE VISTA DEL MAR TRACT). During the project's plan check and approval process, easements were required to widen the City's right-of-way in the abutting alleys to the south and east of the subject site (rear and side alleys). The easement dedication to the City for public street and utility purposes is a standard requirement to achieve the alley right-of-way width to comply with Public Works standard plans and to achieve alleys wide enough for vehicular and emergency access. While writing the Easement Deed for the subject site, a clerical error was made in Line 2 of the deed form. This deed states "THE EASTERLY 2.50 FEET OF SAID LOT 12" whereas it should have stated "THE EASTERLY 2.50 FEET OF SAID LOT 11." Since this subject easement affects a strip between the two lots, it has not been used for public street or utility purposes since its dedication. Based on review and advice of the City Attorney's Item 4. - 1 HB -36- Dept. ID PW 16-046 Page 2 of 2 Meeting Date: 9/6/2016 office, this Quitclaim Deed is being processed to eliminate the errant easement. A new easement over the correct lot will be processed via a separate instrument. Environmental Status: The General Plan Conformance review was categorically exempt pursuant to City Council Resolution No. 4501, Class 5, which supplements the California Environmental Quality Act because the request is a minor easement vacation. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Quitclaim Deed for Lot 12, of Block 602, of the Vista Del Mar Tract (220 Geneva Avenue), including Exhibit "A" - Recorded Easement Deed Document No. 2014000522685 that shows the errant easement (over Lot 12) in Line 2. HB 7- Item 4. - 2 RECORDING REQUESTED BY: City of Huntington Beach MAILTAX STATEMENTS AND WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Order No.: Escrow No.: AYIN: UL4-16J-U6 Itecorciea in rmicial Records, Orange county Hugh Nguyen, Clerk -Recorder 11111111111111111111111111111111111111111111111111115.00 * S R D o 0 it 6 1 2 1 1 it S 2016000432844 4:07 pm 09108116 7 404 001 F13 3 0.00 0.00 0.00 0.00 6.00 0.00 0.00 0.00 QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS S .A - Computed on full value of property conveyed, or Computed on full value less liens and encumbrances remaining at time of sale. Unlnccrporsted area _City of For valuable consideration, receipt of which is hereby acknowledged, The City of Huntington Beach, a municipal corporation hereby REMISE(S), RELEASE(S) AND QUITCLAIM(S) to Ronald Vernon Troxell and Georgina Marie Troxell, trustees of the Troxell Family Trust, dated November 16, 2009 That portion of the easement for street and public utility purposes in, on, over, under and across that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of Califomia, said easement being granted to the City of Huntington Beach, a municipal corporation, in the document recorded 4 December, 2014, as document number 2014000522685, attached hereto as Exhibit "A" more particularly described as follows: THE EASTERLY 2.50 FEET OF LOT 12, OF BLOCK 602, OF THE VISTA DEL MAR TRACT, KNOLL SECTION AS SHOWN ON MAP FILED IN BOOK 4, PAGE 4 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ATTEST: PZ41'41� Cit Jerk OF i& IN EACH Jiro Katap6di Mayor APPROVED n'1 A notarypublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF O'e"mu(y,f� ) SS. On�.�%6 before me, �- �'Zf�- , Notary Public, personally appeared _%F}n�E.SA-Ti��D.D/s �gr/�J f�Ofj/.t/T�4rr/!S' L.9if who proved to me on the basis of satisfactory evidence) to be the persori,�"hose name sb�e�subscribed to the within instrument and acknowledged to me that helehaAOe xecuted the same in hiaRherAt air uthorized capacity es and that by his{ r eu ignatureoon the instrument the persoq / or the entity upon behalf of which the perso s acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hen not of0c' I seal. P. L. ESPAIiZA commission • 2...tio Signature J V S Notary Publiango County California i Orsnas County My Comm. Expins Aug4, 2017 MAIL TAX STATEMENTS AS DIRECTED ABOVE EXHIBIT "A" RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH and when recorded mail to: City Cleric City of Huntington Beach P.O. Box 190 Huntington Beach, Ca. 92648 This Document was electronically recorded by City of Huntington Beach Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIiIIIINIiiII0111111111111111111111111��IIIIIIi�0111�III�IIIINO FEE 2014000522685 09:49am 12/04/14 37 401 E01 2 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 above this line for Recorder's use AP No 024-183-08 EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFER This document is solely for the official bua wn of the City of Hwungton TAX IS $ 0 CONSIDERATION IS LESS THAN $100.00. 8®mdl, as contemplated under Government Code Sec. 0103 znd THE TAX IS: should bs recorded free of charge, COMPUTERIZED ON FULL VALUE OF PROPERTY CONVEYED OR, COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE STEVEN BOGART - CITY OF HUNTINGTON BEACH / Q NATURE OF DECLARANT OR AGENT- FIRM NAME FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,; Ronald Vernon Troxell and Georgina Marie Troxell, trustees of the Troxell Family Trust, dated November 16, 2009 do(es) hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, an easement for street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of California, described as follows: THOSE PORTIONS OF LOTS 11 AND 12 OF BLOCK 602 OF TIC VISTA DEL MAR TRACT, IN THE CITY OF HUNTINGTON BEACH AS SHOWN ON MAP RECORDED IN BOOK 4, PAGE 4 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER.OF SAID COUNTY, DESCRIBED AS FOLLOWS: 1. THE SOUTHERLY 2.5 FEET OF SAID LOTS 11 AND 12. 2. THE EASTERLY 2.50 FEET OF SAID LOT 12. Ronald Vernon Troxell and Georgina Marie Troxell, trustees of the By: _ mi Trust, da ember 16, 2009 l N1 t, �n�l rOX�I (NAME PRNMD%1 _ n n JENNIF R e A FORM By: jBNNIPEB Md3RATH, City Att«�y Stale of GLj ruN c cti ) p D'Alwser}w L/zd' y SS County of Or AnwAnt Ciy A"Maty -�.--� � ) On this iti d W . _�„I q before me, S�S,4n% L , 1-1,•c1Lg, N c,T-f 4Lrb i is , DAY. MONTH AND YEAR INSERT NAME TITLE OF N NOTARY personally appeared Ge 1pl ire n �, e_-Ti `�-l� SIGNATORIES" AME who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Alare subscribed to the within instrument and acknowledged to me that be/She/they executed the same in his/lydr/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. I certify under PENALTY OF PERJURY. under the laws of the State of California that the foregoing paragraph is true and correct. `SUSAN C. HICKS COMM_ #1917043 E Witness my hand: NOTARY PUBLIC • CAUFORNIA of ANGECOUNTY SIGNATURE �- .. _. ..amm.:.Exp.DEC;1;6, 2014. Signature' of Notary Public (NAME PRINTED) (PLACE NOTARY SEAL ABOVE) `FfOXe.L[ CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT ✓TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER ISREPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) PW 14-029 (Troxell Residence) 220 Geneva City of Huntington Beach 2000 Main Street ® Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated SEPTEMBER 6, 2016, from THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION to RONALD VERNON TROXELL AND GEORGINA MARIE TROXELL, TRUSTEES OF THE TROXELL FAMILY TRUST, dated November 16, 2009 is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: Septem ber 7, 2016 CITY OF HUNTINGTON BEACH ROBIN ESTANISLAU, CMC CITY CLERK Sister Cities: Anjo, Japan ® Waitakere, New Zealand