HomeMy WebLinkAboutSouth Shores Homes - Reimbursement Agreements 121, 122, 126 i > !
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IA
LAW OFFICES
AIDLIN, MARTIN & MAMAKOS
5143 SUNSET BOULEVARD
JOSEPH W.AIDLIN LOS ANGELES,CALIFORNIA 90027
ARTHUR L.MARTIN
TELEPHONE 666-1910
JAMES L_MAMAKOS
PHILLIP CHRONIS
OUR REFERENCE
10
January 10, 1967 i l� •f �� � .,
it �'Y�`: �'•"r
v)
Mr. William Hartge
Engineering Department
State of Huntington Beach
Huntington Beach, California
Dear Bill:
Here at last is the deed of the easement for the drain-
age channel over the Harper property.
I will appreciate your keeping me closely. informed as
to the accrual of funds to the Koll - South Shores j
account , which funds are payable to me as trustee.
Regards.
Yours very truly,
JOSE W. AIDLIN
Enclosure
JWA/mcm
LAW OFFICES
AI DLI N, MARTIN & MAMAKOS
5143•SUNSET BOULEVARD
JOSEPH W.AIOLIN LOS ANGELES,CALIFORNIA 90027
ARTHUR L.MARTIN
JAMES L.MAMAK05 TELEPHONE 888-1910
BONNIE LEE MARTIN
PHILLIP CHRONIS June 25, 1965 OUR REFERENCE
Mr. James R. Wheeler
Director of Public Works
City of Huntington Beach
P .O. Box 190 l
Huntington Beach, California
Re : South Shores Tracts
Dear Mr . Wheeler:
C�
Before Mr. William Hartge left on his vacation
we discussed the matter of the proposed reimbursement '
agreements with respect to the above tracts and we agreed
that I would prepare an additional agreement which would
provide that the City would receive the first reimbursement
funds next accruing under Reimbursement Agreement 121 affect-
ing Drainage Area 6B until repayment of drainage fees for
Tract 4743 in the amount of $48,868.30, and that with such
agreement the City would then be in a position to .pay reimburse-
ment funds now held and payable totalling $51,469.75 . Additionally,
South Shores would have to deliver the easement for the D05-SD.1
from the D05 Channel to Brookhurst Street and Developer would
have to provide for the pedestrian bridge across the D2 Channel
from Tract 4743 .
Accordingly, I have prepared a form of agreement and
am enclosing two copies for your examination. If you find the
agreement in .order please advise me and I will have South Shores
Homes execute this agreement as well as Reimbursement Agreements
121 and 122 .
If you have suggestions for change please advise me .
We appreciate your cooperation and helpful attitude
in this matter .
Yours very truly,
w '
JOSEPH W. AIDLIN
cc : _ K. W. Koll.
y ROCORDING REQUESTED BY t
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AND WHEN Rlt:ORDlO MAIL 10
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City A
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—J SPACE ABOVE THIS LINE FOR RECORDER'S USE
AF'F'Ix I.R.S.8....................Is THIS SPACE
Grant Deed
To 403 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
hereby GRANT(S) to :'he City of 1untin_;ton '3each, a "unicipal corporation,
the following described real property in the City of ?T.untington Beach
County of Orange , State of California:
Those portions of the northeast quarter of the northwest quarter of Section 6,
Township 6 South, RanF*e 10 West as shown or. a rrp thereof recorder in 30ok 512
pa_-e 14, Viscellaneous Maps, records of said Oran-e County, in the Rancho las
,olsas, being described as follows:
Parcel #1
1n easement for drainae channel purposes over the north 100.00 feet of the
south 300.00 feet of the above mentioned nort':^act quarter, excepting therefrom.
the west 35.00 feet and the east ).10.00 feet.
Parcel #2
An easement for street, 7urlic utilities and draina_;n pur^ores o-:or the west
15.00 foot of the east 41 .00 Legit of the North 100.00 feet of t, south 300.00
feet of the at)o:re mentionF:3 northeast quarter.
Dated
•
STATE OF CALIFORNIA
COUNTY OF SS.
On —_ before me, the under-
signed, a Notary Public in and for said State, perGinally appeared
—, known to me
to be the persoT whose name subscribed to the within
instrument and acknowledged that executed the same.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed) (This area for oMcial notarial seal)
Title Order No. Escrow or Loan No.—
� T
No 5co/e
,V
J U t-3rcel , 'L . O ir:
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.:,.: Znd i co �e5 4v-ea s 01 c/eec/
PLACE INTERNAL REVENUE STAMPS IN THIS SPACE ,
Grant Deed I.R.S.$..._.....
_._._..._..-.
(Individual)
We, 'Laura I. Harper, Ivan H. kIarper, Harold L. Ha rper, Kenneth W. Kour
.....: .? ?xx�.�d..xr><an.a�s..Y�i s..aepaz�aat�.pxr�perty....and.Laura- ..harper .............:••-.........
;formerly Laura L Cocke, as trustee.
-----------------------------------------------------------------------------•-------..:---------•-------.........-...----•-•-•- -•--••---------- • • -
(GRANTOR • GRANTORS)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Do...:.....:..:::.Hereby Grant To.._..:the- City of Huntington Beach, a municipal corporation, .
it ` of Iiuitin on Beach
the:real property to the-.... C
Y 't ...............................................-------------------•-=---------- -:•,
County of.............. range...............................................................
--:•-- ---:- •---.-•--•:----••:-•--•-•_••-•-•••••-•- State of California,.described as follows:
An easement for drainage and flood control purposes over that P�rtion
of the Northeast Quartar of the Northwest Quarter of Section 6, Township 6
South, Ruige 10 West, in the Rancho Las .Bolsas, as:shovm on map thereof
recorded In Book 51, Page 14, Miscellaneous Naps of said Orange County,-'
lying southerly'of Tract No. 4304 as per map.recorded in Book
} .
Pages Miscellaneous Maps. of Orange County,. and. easterly
of the 35 foot strip of land described in deed to the Orange County Flood
Control'District re corded March.4, 19 60 in Book 512 9, .Page. 1.6 6,•-.Official
Records.
Exce, pti.ng therefrom the south 200.OOteet..
Dated.........................................................:.19.......:. ......................------.-..............-...-..............---.............-.......-•-•.....
STATE OF CALIFORNIA
COUNTY OF SS WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO
On .....--•.................................... .................................... .-......... --•-•-----...--.- .•_...---_---.--...._..............._....._........... .... _..._.....
before me, .-.......•................•-..-..---•••---•......-.-.....-...........-......-..-•.•--... ORDER No._..._.-• ____ ESCROW No._..—..-----•-----.._.........
_
a Notary Public in and for said County and State, person-
ally appeared -------=--------------------------------------------•-- ----------..... -SPACE BELOW FOR RECORDER'S USE ONLY
•....
............ . . _ . ................ ............................ ..... ..... ..-.... ......-....... -......
known to me to be the person..-.....whose name......................
subscribed to the within instrument and acknowledged that
....................._.......executed the same. ..
WITNESS my hand and official seal.
(Seal) .....................
Notary Public in and for said County and State.
My Commission Expires......................_..:...................................
L-1 (G.S.) 4-25-56 (8 pt.)
(Rev. 11-48) ,
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MARCH 1963
58 57
TR. NO. 4304 M. M. 158-24, 25, 26,27 NWE - ASSESSOR'S BLOCK ASSESSOR'S MAP
& LOT NUMBERS BOOK 114 PAGE 35
SHOWN IN CIRCLES COUNTY OF ORANGE
"CITY CLERK'S
COPY
Hraiaagg Area 6A
THIS Air dated this lo_ day of July 79 ,
by and
BETM Eg
CIfT OF HONTINOTON ED
a municipal corporation
• hereinafter for c on. n1swe
referred to as
CI Tr
SOM SHORTS HOMES
a partnership
hereinafter for cm enience
referred to as,
DEVEUM
WITNSSSETH:
TUR&S.. Developer has filed application with the City of Hmtiegton
Beach for oonstrnctiop of a Storm Drain and Pump Station in conjunction
with the development of Tract 4304 and Tract 4305 as delineated on the
Tract 4305 and D05 Channel improvement plans in drainage area Number 6►9
and,
• WHIMS, Developer is, at his own coat and expense construction said
work all in conformity with the plans, specifications and provisions as
approved by the Director of Public Works, and,
WHEREAS, construction of said work has been in conformity to an
applicable chapter of the Huntington Beach Ordinance Code, and,
AHERBAS, Developer is entitled to reimbursement for the work perf�rd,
folloviing the construction of these works, said reimbursement to be made as
agreed herein.
a
Number 122
NT TBHRR7=# in-consideration of the promises and the agree3 vets
herein contained, the parties agree as follows:
1. That upon completion of the work, or portions thereof herein
described, bV the Developer,, to the lull satisfaatien of the Director of
Public Works and on its being accepted by the City of Huntington Beach,
Developer shall be entitled to reimbursement for drainage fees paid at
the time of development of lands tributary to this store drainf Hors
specifically,, bat not-limited to drainage fees based on Area 6A at the
rate of S650.00/acre. (Refer to Exhibit "A" attached hereto for area served
and Exhibit NC" attached hereto for determination of acreage fee.)
2. That the facility under construction by Developer in drainage area
6A for which refunds are hereby agreed to be paid is described as followes
C05 - SDl
"D05" Channel
•
3. That the coat to Developer to date for construction of this facility
is estimated to be as follows:
Storm Drain Construction : $99,249.50
4. That the Developer at the request of and in the best interest of
the City has under construction this facility sized to City requirements,
and for ihich the City has agreed to participate in the amount of NONE.
5. That the refund to be paid the Developer under this agreerent is
as follows:
Refund credited by construction of Developer's tracts as followes
Tract Acres Amount
4304 30.230 $25,695.50
4305 63.120 ,652.00
Total $799347.50
Not Refundable : $19,9902.00
6. That refund shall be made by the Clerk of the City of Huntington
Beach, upon certification by the Director of Public Works, to the Developer s
as the work progresses to the extent that funds are available from drainage
fees collected for service by this facility.
7. If additional users participate in drainage facilities in drainage
area Rnmber 6A in the future, the drainage fees they pay will be distributed
-2-
L � -
to these individuals or eat3tios, that have previously contributed to the
cost of the drain, is proportion to the cost borne by each such individual
or entity.
8. City shall not be liable for payment of refund by reason of its
failure to collect or receive from any person or entity the drainage fee.
Howver, City agrees from an administrative, legislative or quasi Judicial
procedure to protect the interest of Developer, either individuals or entities,
who have previously constructed drainage facilities, by the collecting of the
drainage fees, either prior to or concurrent with the approval of any final
maps within the drainage area, if a developer, who is within the drainage
area; is required, as a condition to the approval of a tentative or a final
map to construct drainage faciKties within the drainage area, City may allow
said developer credit towards the per acreage fee consistent with this said
agreements City further agrees to furnish a copy of this agreement to the
developer of any properties in the drainage area.
9. In the event City does not require a developer within the drainage
area to deposit the drainage fee with the City prior to or concurrent with
the approval of the tentative or final map, in that event City will provide
in any agreement with said developer that said developer is obligated not
only to the City but to the developer, individuals or entities who have
E
previously contributed to the cost of construction of drainage facilities
within the drainage area; said agreement will further provide that in the
event that it becomes necessary to institute legal proceedings, either by
the City or by the developer who has previously contributed to the cost of
drainage facilities, to enforce the rights of the parties thereunder that
the prevailing party shall be entitled to reasonable attorneys fees; provided
however that the City shall not be required to pay the attorneys fees for amp
of the parties.
10. It is understood that the City is not required to institute legal
proceedings to protect the interest of the developer, but may do so.
-3-
CITY OF KWATINGTCRI BUC$
a awdeipal COMO ttea
A014
AS TO F :
r
• • i
oxney 7aAmst� y
SOUM SHORE$
B
- e
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
On this U..Zday of 1965,
before me a Notary Public in and for said County and State,
personally appeared B .Q�
known to me to be the Mayor and � _wi.
known to me to be the City Clerk of the City of Huntington
Beach, the municipal corporation tat executed the within
instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation
and acknowledged to me that such municipal corporation executed
the same.
Notary Public
OFFICIAL SEAL
ERNESTMA DI PA810
NOTARY PUBLIC . CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
11,ROW
STATE OF CALIFORNIA )
• ) SS
COUNTY OF ORANGE )
On July 14, 1965 before me,
the undersigned, a Notary Pubilic in and fog said State, personally
appeared KENNETH W. KOLL
known to me to be one of the par-n-ars of the partnership
that executed the wit ain irstru<:1ent, anQ acknowledged to me that
such partnership executed ;.:.e same .
WITNESS my hand and official seal.
w1
SEPH W. AIDLIN
JOSEPH W. ARXIN
NOTARY PUBLIC • CALIFORNIA
.•j PRINCIPAL 017HCE IN
LOS ANGELES COUNTY
My COmmiasiOn Exvires Marcel 14,1968................w. ...•.,,.....
ro -�
a -
CITY CI E RK'S
.. COPY
Dralttue Area 6B -1
THIS AUNT dated this 14th_ day of July ., 19659
by and - .
Bell= #
CIT7 OF HUNTINGTON BEACH
a ma:doipal corporation
hereinafter for coav nienae
referred to as
CITY A
:3
SOUTH SHORES HODS
a partnership t
hereinafter for convenience i
referred to as,
DEVELOPSftR i
I
a
WITNESSETH: t
WHEREAS, Developer has filed application with the City of Huntington
Beach for construction of a Storm Drain and Pump Station in conjunction
with the development of Tract 4852 and Tract 4744 as delineated on the
Flounder Drive, Pump Station and D05 Channel improvement plans in drainage
i
area umber 6B9 and, 3
WHERUS, Developer is, at his own cost and expense constructing said
work all 3a conformity with the plane, specifications and provisions as
approved by the Director of Public Works, and,
WHEBBAS, construction of _said work has been in conformity to an
applicable chapter of the Huntington Beach Ordinance Code, and,
WHEREAS, Developer is entitled to reimbursement for the work performed,
followifig the construction of these works, said reimbursement to be wade-as
agreed herein.
Number 221 1
. I
NOW THEREFORE, is consideration of the premises and the agresmeacts !
herein contained, the parties agree as follows:
s
1. That capon commpletion of the work, or portions thereof herein
6
described, by the Developer, to the full satisfaction of the Director of
Public Works- and on its being accepted by the City of Huntington Beach,
Dsvelopsr shall be entitled to reimbarsoment for drainage fees paid at
the ties of de"lopownt of lands tributary to this stow drainj sore +
specifically, but not United to drainage fees based an Area 6B at the
rate of $1,W.00/acre. (Deter to,Exhabit "A" attached hereto for area
served and Exibit "C" attached hereto for determination of acreage fee.)
2. That the facility under construction by Developer in drainage
i
area 6B for which refunds are hereby agreed to be paid is described as
tillcwas
Fl*under Drive Pump Station
"D05" Channel
3. That the cost to Developer to date for construction of this facility
(see Ezhibit "B" attached hereto) is estimated to be as follows:
Step Drain Constrootion = $173,193.90
e
6 mat the Developer at the request of and in the beet interest of.
the City has under construction this facility sized to City requirements,
and for which the City has agreed to participate in the amount of NODE.
5. That the refund to be .paid the Developer under this agreement (see
Exhibit "B") is as follmas
Refund credited by construction of Developer's tracts as follows:
Tact Acres Amount
4852 27.847 $40,378.15
4744 39.962 7,91t4.90
Total $98,9323.05
Net Refundable z $76870.35
6. 7bat refund shall be made by the Clerk of the City of Huntington
Beach, upon certification by the Director of Public Torke, to the Developer
as the work progresses to the extent that funds are available from drainage
fees collected for service by this facility.
,.. —2—
7. If additional users participate Pin drainage facilities in drainage
area Number 6B in the future, the drainage fees they pay will be distributed
to those individuals or entities, that have previously contributed to the
cost of the drain, in proportion to the cost borne b;r each such individual
or entity.
B. City shall not be liable for payment of refund by reason of its
failure to collect or receive from any person or entity the drainage fee.
However, City agrees from an administrative, legislative or quasi judicial
procedure to protect the interest of Developer, either individuals or entities,
who have previously constructed drainage facilities, by the collecting of the
drainage fees, either prior to or concurrent with the approval of any final
maps within the drainage area, if a developer, who is within the drainage
area; is required, as a condition to the approval of a tentative or a final
map to construct drainage facilities within the drainage area, City may allow
said developer credit towards the per acreage fee consistent with this said
agreement; City further agrees to furnish a copy of this agreement to the
developer of any properties in the drainage area.
�. In the event City does not require a developer within the drainage
area to deposit the drainage fee with the City prior to or concurrent with
the approval of the tentative or final map, in that event City will provide
in any agreement with said developer that said developer is obligated not
•
only to the City but to the developer, individuals or entities who have
previously contributed to the cost of construction of drainage facilities
within the drainage area; said agreement will further provide that in the
event that it becomes necessary to institute legal proceedings, either by
the City or by the developer who has previously contributed to the cost of
drainage facilities, to enforce the rights of the parties thereunder that
the prevailing party shall be entitled to reasonable attorneys fees; provided,
however, that the City shall not be required to pay the attorneys fees for
any of the parties.
10. It is understood that the City is not required to institute legal
proceedings to protect the interest of the developer, but may do so.
-3-
r
DATED: , 1965
CITY OF HUNT INGTON SUCH
A municipal corporation
r
hZ°IM.-
C 2"
City
AP OVED TO Flo /
As CityAttorney
SOUTH SHORES HO S
By 9
A
. STATE OF. CALIFORNIA )
SS
COUNTY OF ORANGE )
On this day of 1 1965",
before me a Notary Public in and for said County and State,
personally appeared
op-
known to me to be the Mayor and
known to me to be the City Clerk of the City of Huntington
Beach, the municipal corporation that executed the within
instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation
and acknowledged to me that such municipal corporation executed
the same.
Nota::y Public 4
1
OFFICIAL SEAL
ERNESTINA DI FAMNO'
1 NOTARY PUBLIC • CALIFORNIA i PRINCIPAL OFFICE IN
•" ORANGE COUNTY
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
On July 14, 1965 before me,
the undersigned, a Notary Public in and for said State, personally
appeared KENNETH W.. KOLL
I
o known to me to be one of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same —
WITNESS my hand and official seal.
r
w
JOSEPH W. AIDLIN
JOSEPH W, ,P
I1' :- .• NOTARY PUBLIC•C
i PRINCIPAL OFF
LOS ANCELES (
MY Commission Expiry We.. ...13u8
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EXHIBIT "B"
SOUTH SHORES HOMES
(Status Drainage Coat vs. Drainage Fees)
1. DO 5 South Shores Cost t�to
a. Right-of-Way a $100#095.00
b. Bushard crossing s 9,404.00
c. Edison R/W = 19000,00
d. Engineering 3,000-00
Total $113,499.00
2. W5 - SD 1 South Shores Cost to Date
a. Ri ght-of-way
b. Construction _ 40,500.00"
c. Engineering = 2,000.00
Total $ 42,500.00
3. Flounder Pump Station Cost to Date
a. Statioft • $105,180.00
b. Engineering . 8,414.40
c. Channel lining 2 8 0.00
Total 631694"-40 .
4. Puma Station on Yorktown to Date = None
5. Status Fees (6A)
a. Cost to South Shores
DO 5 - SD 1 . 4 42,500.00-'-
Do 5 56,7�.50
Total $ 990249.50
b. Fees for Tracts Served
4304 - 30.230 ac. ® $850.00/ac. . $ 25,695.50
.4305 - 63.120 ac. ® $850.00/ac. 53A652.00
Total $ 79047.50
c. Balance
Cost $ $ 99,249.50
Fees • 79 7. 0
Balance due South Shores from fees
paid as properties served develop . $ 19,902.00
6. Status Fees (6B)
a. Cost to South Shores
Flounder Pump Station s $116,444.40
DO 67 9. 0--
Total $173,193.90
b. Fees for Tracts Served
4852 — 27.847 ac. ® $1450.00/ac. _ $ 40,378.15
4744 - 39.962 ac. ® $1450.00/ac. 57,944.90
Total $ 989323.05
c
SOU71i SHORES HODS
Page 2
c. 9a lanc e
Cost - $173,193.90
Fees 982323.05
Balance 'due South Shores from teas ,
paid as properties served develop t $ 74,870.35
7. Status Fees (6C)
a. Cost to South Shores - None
b. Fees for tracts served
4743 - 37.591 ac. 1613,300/ac. - 48t668.30
c. Balance due City - 482868.30
�3e
KM I T EC"
ESTIMTE - SOUTH SHORES HOWS
(Drainage Cost and .Reinbursewnt)
Areas 6s, 6B & 6C
1. DO 5 Cost
a. Right-wof-ray 5.71 ac. 6 $15,000.00 a $100,095-e00
be Bushard crossing, • 9,04-00
a. Edison R,/W 19000.00
d. Engineering s. 30000.00
e. Cha nne 1 lining (future) 68,000.00
$181A99e0
2. DO5 - SDI Cost
a. Right-of-way easeaeat) s $ NOW •
b. Construction (from west side of Brookhurst easterly), 40i 500.00
c. Engineering 20000.00
d. Future (66-inch RCP from DO 5 Channel to Brookhurs*. 46,800e00
e. Engineering & Contingencies (future) 00.00
$2010000.00
3. Flounder Pump Station Cost
a. Station . $105,180.00
b. Engineering P.S. 8 424-40
o. Channel g (outlet to pump station) 2:850.00
a $116,4"-40
4e. DO -SD2 Cost
a. Right-of4ay a $ Now �
be Puturs (420 RCP from Prep Station to Yorktown) a 34,320.00
c. Engineering and Contingencies (future) ;, 580�00
= 420900.00
5. Pay Station to Yorktown, eto.
a. Pmap Station a $140 000.00
b. Storm Drain in Yorktown from Ramp Station •
to Cannery (D2-SC1 600 RCP) a 48,840.00
c. Storm Drains in Yorktwn and Cannery (D2--SCI
360 RCP) 609
720.00
... 0
• • d. Engineering and Contingencies 62 `00 00 •
$312,060.00
6. Area lee - Gravity Drainage (6a)
a. Cost
1 s $201#000.00
D05 • 90,zh2050
$1919 749.50
be Korea� served:
�aats 4304, 43059. 5025, 5026 & 4708, I"b School
and asea east of Ward betwen Oarfie]d and
Yorktown (227 A
e. Fees
$ a $84671 an $850.00
227
SOUTH SHOW HOM
Pap 2
7. Area Fee — Pumped Drainage (6B)
a. Coat:
Flounder Pump Station and D05-02 . $159'344.40 /
+} xD05 0 0
$�509093.90 '
b. Acreage served:
Tmcts 4852 & 4744, Area I/Brookhuret between
Barfield and Yorktown, area S/Yorktown (173 _ ac. )
c. Fee:
q50 09 .90 _ $1,445.62 use $10450.00
173
8. Area Fee — Pumped Drainage (6C)
a. Coat
Fume Station, etc. — $322,060.00
b. Acreage served:
Tract 4743, Area bounded by Garfield, Cannery,
Yorktown, and Newland, and Tract 4805 (253 ! ac.)
e. Fee:
$312 060.00 e $10233.43 use $1000.00
23
♦ Sasemnt for underground eto= drain will not elininats use of enrface;
therefore, no coat justified.
•
d
• s
9
CITY CLERK'S
,
COPY
AGREEMENT
THIS AGREEMENT dated this 14th day of July
1965, by and
BETWEEN
CITY OF' HUNTINGTON BEACH
a municipal corporation
hereinafter for convenience
' referred to as
CITY
r
SOUTH SHORES HOMES
a partnership
hereinafter for convenience
referred to as,
7
MOVELOPER
WITNESSETH:
WHEREAS, City and Developer have concurrently herewith
entered into reimbursement agreements as to Drainage Area
6A, being Reimbursement Agreement Number 122 and Drainage:
Area 6B, being Reimbursement Agreement Number 121, and,
WHEREAS, pursuant to said Remibursement Agreements
certain monies are now payable to Developer by the City, and,
WHEREAS, Developer owes, as of this date, drainage
fees for Tract 4743 in the amount of $48,868.30 and is also
obligated to construct at its cost a pedestrian bridge across
the D2 Channel from Tract 4743, such bridge to be constructed
no later than two years from this date, and,
WHEREAS, Developer is required to deliver to City
an easement for the' D05-SD1 from the D05 Channel to Brookhurst
Street, and,
WHEREAS, funds for reimbursement to Developer under
Reimbursement Agreement No. 121 for Drainage Area 6B; when
collected, will exceed the amount owing by Developer, to wit
No. 126
-1-
i ..
$48,868.30 for drainage fees for Tract 4743, and,
WHEREAS, the aforesaid Reimbursement Agreements
provide for funds to the City for installation of a
future pipeline across the easement DO5-SDl from the
DOS Channel to Brookhurst Street and a future pipeline
southerly from the Flounder Drive Pump Station to York-
town Avenue.
NOW, THEREFORE, in consideration of the premises
i
and the agreements herein contained, the parties agree
as follows:
1. Developer does hereby irrevocably assign to
City the first reimbursement funds hereafter received by
the City payable to Developer under Reimbursement Agreement
Number 121 as to arainage Area 6B up to the amount of
$48,868.30 in payment of and to be applied to drainage
fees owing by Developer for Tract 4743.
2. In view of- the provision by the City for costs
of underground pipline across the easement DO5-SD1 from the
DOS Channel to Brookhurst street and the underground pipeline
southerly from the Flounder Drive Pumj? Station to Yorktown
Avenue no value has been given to Developer in the aforesaid
Reimbursement Agreements for said easements or rights of way,
and the City agrees to install such underground pipelines
at such time as the City has received drainage fees, in excess
of the said drainage fees for Tract 4743 owing by Developer,
as provided in Reimbursement Agreements Numbers 121 and 122,
sufficient to pay for installation of such pipelines.
-2-
i
i
3. Developer shall either a) deposit with the City
• •a bond in the amount of $15,000.00 payable on demand withinr
two years from this date, which said sum shall be used by the
City for construction of a pedestrians bridge ' across the D2
Channel from Tract 4743, said bridge to be constructed pursuant j
to specifications heretofore established therefor by the City,
any excess thereof remaining over the cost thereof to be paid
to Developer, or b) shall deposit with the City a f6ra agree-
ment, satisfactory to the city by a reputable contractor agree-
ing to construct said pedestrian bridge upon demand therefor
by the City at any time within two years from this date, con-
struction thereof to cobmence no later than 60 days after date
of such demand and to continue diligently until completion, or
c) Developer shall within 30 days from this date commence and
diligently continue until completion the construction of said
pedestrian bridge and pending completion of such construction
the City may withhold from funds payable pursuant to paragraph
4 hereof, the sum of $15,000.00, which said sum shall be paid
by the City as provided in paragraph 4 hereof upon completion
of said pedestrian bridge.
4. Upon execution of Reimbursement Agreements Numbers
121 and 122 and this agreement by Developer and City and the
delivery to the City of the easement for the pipeline DOS-Spl
from the DO5 Channel to Brookhurst Street and provision for
construction of the pedestrian bridge across the D2 Channel
from Tract 4743 the City will pay out of reimbursement funds
now available pursuant to said Reimbursement Agreements the
total sum of $51,469.75, said payment to be made to Joseph W.
Aidlin Trustee pursuant to irrevocable assignment of and order
to pay to said Joseph W. Aidlin as Trustee all claims df
-3-
4
:i-7
• _ Ig
l
i
a
;j
i
Developer for reimbursement from the City, duplicate original
of which assignment has heretofore been filed with the City {
together with notification of said assignment and order to pay. `.
i
t
IN WITNESS WHEREOF, the parties have executed this
agreement as of the date above written.
CITY OF HUNTINGTON BEACH
A municipal corporation
f
i
2
B
Mayor
At
City C
PRO AS FO
st. City Attorney
SOUTH SHORES S
Y
Pa tner
-4-
s
e
STATE OF CALIFORNIA )
SS
COUNTY OF 0RMNGE )
On this & ay of 1965,
before me a Notary Public in and for said County and State,
personally appeared
known to me to be the Mayor .and
known to me to be the City Clerk of the City of Huntington
Beach, the municipal corporation that executed the within
instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation
and acknowledged to me that such municipal corporation executed
the same. .
f
Notary Public
OFFICIAL SEA!
ERNESZINA DI FAMO
0 NOTARY PUBLIC • CALIFORNIA
WINCTZ OFFICE 1N
ORANGE COUNTY
STATE OF CALIFORNIA )
SS
COUNTY OF ORANGE )
On July 14, 1965 before me,
the undersigned, a Notary Public in and for said State, personally
appeared KENNETH W. KOLL
r. known to me to be one of the partners of the partnership
that executed the within instrument, and acknowledged to me that
such partnership executed the same .
WITNESS my hand and official seal.
4,T&OSEVIffW. AIDLIN
JOSEPH W. AIDUN I
• NOTARY PUBLIC •'CAUF0RMIA
PRINCIPAL 0, ICE IN
LOS ANGELES COUNTY
My CwMfWvn ExP1 I Lkmh 14.IM
.».........,................,,.,...«,..... ,.•.................
.....,...,.,,
E
---------------
� V
EXHIBIT "B"
SOUTH SHORES HOLES
(Status Drainage Cost vs. Drainage Fees)
1, DO South. Shores Cost to Date
a. Right-of-Way = $100,095.00
b. Bushard crossing - 9,404.00
c. Edison R/W - 10000.00
d. Engineering - 3,000.00
Total $113,499.00
2. DO 5 - SD 1 South Shores Cost to Date
a. Ri ght-of-lay = $
b. Construction = 40,500.00
C. Engineering - 2,000.00
Total $ 429500.00
3. Flounder Pump Station Cost to Date
a. Station - $1059180.00
b• Engineering - 8,414.40
c. Channel lining 22850.00
Total 8116,444.40
•
4. Pump Station on Yorktown to Date None
5. Status Fees (6A)
a. Cost to South Shores
DO 5 - SD 1 _ $ 42,500.00
DO 5 - 56,749.50
Total $ 990 249.50
b. Fees for Tracts Served
4304 - 30.230 ac. ® $850.00/ac. - $ 259695.50
4305 - 63.120 ac. @ $850.00/ac. 93,652.00
Total $ 79047.50
c. Balance
Cost $ 999249.50
Fees - 790 7.50
Balance due South Shores from fees
paid as properties served develop . $ 19,902.00
6. Status Fees (6B)
a. Cost to South Shores
Flounder Pump Station : $116,444.40 ,
Dos - 679. O
Total $173,193.90
b. Fees for Tracts Served
4852 - 27,847 ac. ® $1450.00/ac. _ $ 40,378.15
4744 — 39.962 ae. ® $1450.00/ac. = 7 9 •90
Total $ 98023.05
f.
SOURI SHOUS HOL'S
Fa ge 2
c. Balance
Cost .. '�173,193.90
Fees = 9823-3.05
Balance due South Snores rom fees
paid as properties served develop = 74,870.35
Status tees (6C)
a. Cost to South Shores = w None
b. Fees for tracts served
4743 - 37.591 ac. 7,300/ac. - 48, 6f�.30
C. Balance due City v 6 48 868.30
i
. i
EMBIT "Cu
ESMIATE - SOUTH SHORES HOMES
(Drainage Coat and Reimbursement)
Areas 6s, 6B & 6C
1. DO Go 6 '
a. Right-of-way 5.71 ac. ® $15,000.00 $1009095.00
be Bushard crossing - 9,404.00
c. Edison R/W 0 1,000.00
d. Engineering s 3,000.00
e. Channel lining (future) = 682000000
$184499.00
2. DO - SD 1 Cost
_ a
a. Right-of-way easement) a $ NOW �
b. Construction kfrom vest side of Brookhurst easter%r)w 40#500000
c. Engineering 2,000.00
d. Future (66-inch RCP from DO 5 Channel to Brookhurst). 46,800.00
e. Engineering & Contingencies (future) = 11 700.00
• $lol,Da�O.
3. Flounder Pump Station Cost
a. Station _ $lo5,180.00
b. Engineering P.S. 8,414.40
o. Channel lWag (outlet to pump station) = 2,850.00
$116,444.40
4. 201-22 Cost
a. Right-of-Way : $ Nons, +�
be Future (42" RCP from Pump Station to Yorktown) 34020.00
c. Engineering and Contingencies (future) _ 8.580.00
$ 420900.00
5. !tM Station to Yorktown, etc.
a. Pump Station _ $11}0,000e00)
b. Storm Drain in Yorktown from Pump Station =
to Cannery (D2-SC1 60" RCP) �C _-_- ,- 148,840.00 �t�
c. Store Drains in orktvwn and Cannery (DQ 1
a
d. Engineering and Contingencies --- o 6,2 ).500.00 r
$33.20060.00
6. Area Fee ; Gravity Drainage (6A)
a. Cost
D0 5�5 l - $�0�7�9.0
50
$191,749.50'
be Acreage served:
Tracts 4304, 4305, 5025, 5026 & 4708, Lamb School
and area east of Ward between Garfield and
Yorktown (227 1 ace)
c. Fee:
$1 1 7 o $844.71 use $850.00
227
307M SHORES HODS
Page 2
7. Area Fee - Puzped Drainage (6B)
a. Cost:
Flounder Pump Station and DO5-SD2 - $159044.40
j x D05 a 22,749-LO
$250oO93.90
b. Acreage served:
Tracts 4852 & 4744, Area N/Brookhurst between
Garfield and Yorktown, area S/Yorktown (173 ; ac. )
e. Fee:
$250 o .90 = $1,445.62 use $4450.00
173
B. Area Fee - Pumped Drainage (6C)
a. Cost
Pump Station, etc. - $3u,060.00
b. Acreage served:
Tract 4743, Area bounded by Garfield, Cannery,
Yorktown, and Newland, and Tract 4805 (253 ± ac.)
e. Fee:
$312 060.00 = $1,233.43 use $1,300.00
23
�t Easement for underground storm drain will not eliminate use of surface;
therefore, no cost justified.
May 6j 196
Santa Sam. � .n Association
North in at Wltl�'�$tmet
zeta ,, Califorou
AttFAntiOUI Mr. Stavart . v0pberson
6UNact; HaWwroment South Shore Tnots C3(96 0
Dear girt '
Reference is wido to our letter to W. F, V. Noll
day h O3. 965* and YvAr roply dated April 5. 19654,,
Returwd herewith is a reimbursement agreemnt and two (2)
+Mode for ri at f-vay necessary for dxqinsge facilities,
These Instrumuts shes: ,d be executed and roturned to this
Office. we will 4ve the reeds recorded and the a reawa
exocuted by the Citys
truly yr
Japes R. wbeelor
Director of Public Works
H.
Ijap ' y Director of Public Works
[PY
r 3259
PLEASE
RMW TO
CLERK DJtO!��8 +:�t 331
P e• Sex l 90 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE
el# of Hunfl on B®ocb
Grant Deed
G�
' rG -k (Individuall)
EARL A. LAMB, a married man as his separate property
....................................................................................... -
(GRANTOR - GRANTORS)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
M................Hereby Grant To........The City of Huntington Beach
the real property in the....... ity.of--Huntington._BeaCh......................................................_................................
County of............Orange............................................................................. State of California, described as follows-
For drainage purposes:
The Northerly 100. 00 feet of the Southerly 300. 00 feet of the Northwest
Quarter of the. Northeast Quarter of Section 6, Township 6 South, Range 10
West, in the Rancho Las Bolsas, as shown on a map thereof recorded in
book 51, page 14 of Miscellaneous Maps, records of said Orange County;
EXCEPTING therefrom that portion included within Tract No. 4852 as
shown on a map recorded in book 175, pages 23 through 25, Miscellaneous
Maps, records of said Orange County.
AYYk L ti r *W,
1�-
-/�� -- 19--- 1
= - ----------
I CITY ATTORNEY
Dated..``.-v .... .......... ve
............1943 �eFtiC�.a! _[n�z-.•
.................................... ........................................... ....•----._.....-•---....._........._...............----.......----._....-•--•
.................................... ........................................... ......................._..._...................._.............._..._._.......---•--......._.
STATE OF CALIFORNIA
COUNTY OF SS WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO
..........Q-1fA.1-L/...G...E............... ----...--••--........-•----........_.---•--......---•-----......•--•-•----------•-•-•••-----••--.........._........--•_..-
On .../-1.'/. _.-19r_3........ ........... .................
w.,.. ... �:• 14.�.. . ORDER No...............-.......... ESCROW No.......................................
This is to certify that the interest in real property conveyed by the
deed dated July 22, 1963, from Earl A. Lamb, a married man as his ay
GO -
separate property, to the City of Huntington Beach, a municipal
corporation, is hereby accepted by order of the City Council of the 2
4 GLIr .•�. . �
City of Huntington e�*- on. to�e■ber 2, 1963, and the Grantee consents W
to recordation thtaredf by' it& 4jy authroized officer.
0
Dated: December '3, 3.-° : City of Hunting Beach
BY: r
e rk
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SANTA ANA SAVINGS
.�_...- '•-•--�_-- AND LOAN ASSOCIATION
NORTH MAIN AT 1 5 T H STREET SANTA ANA , CALIFORNIA KIMBERLY 7 -7571
APRIL 5, 1965
CITY OF HUNTINGTON BEACH
HUNTINGTON BEACH, CALIFORNIA
ATTENTION: MR. J AMES R. WHEELER,
DIRECTOR OF PUBLIC WORKS
GENTLEMEN: RE: REIMBURSEMENT SOUTH SHORES TRACTS
YOUR LETTER OF MARCH 8, 1965 TO MR. K. W. KOLL, 10021 KUKUI DRIVE, HUNTINGTON BEACH,
CALIFORNIA, REFERS TO A GREAT MANY ITEMS CONCERNING SOUTH SHORES TRACTS. OF PAR-
TICULAR INTEREST TO THIS ASSOCIATION ARE THOSE ITEMS REFERRED TO ON PAGE 2 AS "DUE
SOUTH SHORES HOMES, AND THOSE REFERRED TO ON PAGE 3 AS "ITEMS DUE CITY".
THIS ASSOCIATION MADE LOANS FOR THE CONSTRUCTION OF IMPROVEMENTS ON VARIOUS LOTS IN
TRACT NO. 4305 AND TRACT NO 4743, AND 1T APPEARS FROM YOUR LETTER THAT THERE ARE
SEVERAL MATTERS IN CONNECTION WITH TRACT NO. 4743 WHICH ARE TO BE COMPLETED, OR AR-
RANGEMENTS MADE FOR THEIR COMPLETION*
ACCORDINGLY, THIS ASSOCIATION HAS ENTERED INTO AN AGREEMENT WITH KENNETH W. KOLL,
DOING BUSINESS AS SOUTH SHORES HOMES, WHEREIN KENNETH W. KOLL, OBA SOUTH SHORES
HOMES, AGREES TO "MAKE AN AGREEMENT WITH THE CITY OF HUNTINGTON BEACH BASED ON ITS
LETTER OF MARCH H, 1965 TO K. W. KOLL, WHEREBY ANY FUNDS ACCRUING TO HIS CREDIT WILL
FIRST BE APPLIED AGAINST ITEMS DUE FROM HIM TO THE CITY; AND ANY BALANCE THEREAFTER
PAYABLE BY THE CITY TO HIM WILL BE ASSIGNED TO THE SANTA ANA SAVINGS AND LOAN ASSO-
CIATION...".
REFERRING AGAIN TO YOUR LETTER OF MARCH 8, 1965, IT IS OUR UNDERSTANDING THAT THE
FOLLOWING ITEMS ARE DUE IN CASH REFUND TO SOUTH SHORES HOMES:
A. REFUND FOR OFFSITE SEWER MAIN CONSTRUCTION $19,845.78
B. REFUND FOR OFFSITE WATER MAIN CONSTRUCTION . 11 ,721 .97
C. REFUND FOR ADDITIONAL COST FOR DRAINAGE CONSTRUCTION
IN DRAINAGE AREA 6A 19.902.00
TOTAL CASH REFUND DUE SOUTH SHORES HOMES $51 ,469.75
IN ADDITION, WE UNDERSTAND THAT THERE IS A REIMBURSEMENT AGREEMENT WHEREBY REFUNDS
WILL BE MADE BY THE CITY WHEN ADDITIONAL MONIES ARE COLLECTED IN DRAINAGE AREA 6B FROM
DEVELOPERS, ESTIMATED TO BE AT THE RATE OF $1 ,500 PER ACRE. YOUR LETTER STATES THAT
THERE IS A TOTAL ACCRUED FOR SUCH REFUNDS IN THE AMOUNT OF $74,870.85.
YOUR LETTER INDICATES THAT THERE ARE CERTAIN DEEDS AND RIGHTS-OF-WAY WHICH MUST BE
OBTAINED, BUT IN ADDITION REFERS TO THE NECESSITY FOR DEPOSITING $15,000 WITH THE
CITY TO COVER THE COST OF A PEDESTRIAN BRIDGE ACROSS THE D-2 CHANNEL PLUS FUNDS FOR
DRAINAGE FEES FOR TRACT NO. 4743 IN THE AMOUNT OF $48,868.30.
-1-
MEMBER OF FEDERAL HOME LOAN BANK SYSTEM AND FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION
CITY OF HUNTINGTON BEACH APRIL 5, 1965
PAGE 2
MR. KOLL ADVISES US THAT HIS ENGINEER IS CHECKING THE ESTIMATED COST OF, THE ABOVE
MENTIONED PEDESTRIAN BRIDGE IN ANTICIPATION THAT THE COST THEREOF WILL BE SUBSTAN-
TIALLY REDUCED FROM THE $15,000. IRRESPECTIVE OF THIS, HOWEVER, IF MR. KOLL WERE
TO ENTER INTO AN AGREEMENT WHICH COULD RESOLVE ALL OF THESE MATTERS AT ONE TIME, IT
WOULD APPEAR THAT THE FOLLOWING AMOUNTS WOULD BE PERTINENT:
A. KOLL OWES THE CITY $63,868.30
B. LESS: THE CITY OWES KOLL . 51 ,469.75
NET: KOLL OWES THE CITY $12,398.55
YOU ALSO ADVISED US THAT THERE WAS A 10-ACRE PARCEL BEING DEVELOPED FOR A TRAILER
PARK WHICH WAS ANTICIPATED TO COME INTO THE DRAINAGE DISTRICT IN THE NEAR FUTURE, AND
IT WOULD APPEAR THIS WOULD INVOLVE FEES OF $15,000. IMMEDIATELY UPON THIS BECOMING A
REALITY, MR. KOLL COULD ASSIGN $12,398.55 TO THE CITY BY AGREEMENT, WHICH WOULD EQUAL-
IZE THE AMOUNTS DUE KOLL FROM THE CITY AND DUE THE CITY FROM KOLL. I PRESUME THAT
THE BALANCE BETWEEN $15,000 AND THE $12,398.55, BEING $2,601 .45, WOULD THEN BE REIM-
BURSABLE TO THIS -ASSOCIATION FOR THE ACCOUNT OF KENNETH W. KOLL, DBA SOUTH SHORES
HOMES, AND THAT AS FUTURE ACREAGE PAYS FEES TO THE DRAINAGE DISTRICT, THAT SUCH FEES
WOULD BE REIMBURSABLE TO THE ASSOCIATION FOR THE ACCOUNT OF KENNETH W. KOLL, DBA SOUTH
SHORES HOMES, UNTIL THE RESIDUE OF $74,870.85 IS COMPLETELY LIQUIDATED.
WE WILL APPRECIATE RECEIVING YOUR ACKNOWLEDGMENT OF THIS LETTER AND THE ASSIGNMENT OF
THE FUNDS AS RECITED HEREIN, TOGETHER WITH ANY COMMENTS YOU MAY HAVE OF ANY FACTS
WHICH ARE NOT CLEARLY UNDERSTOOD.
YOURS VERY TRULY,
;SANTA ANA SAVI S AND LOAN SOCIATION
S. S. MCPHERSON, PRESIDENT
SSM:AVR
CONTENTS OF THIS LETTER AND REFERENCE TO
ASSIGNMENT OF FUNDS APPROVED AS OUTLINED.
KEN NETH . KOLL, DBA SOUTH SHORES HOMES
TAX CWE AR AS
POR S. %/2, NW //4, NE. //4, SEC. 6, T. 6 S, R. /O W 5 5 � 3 4-0�2 I I
W,qL LAEYE T/6ERR/LE�� ClCARP
E E C y
_ /03.97'
�$ VELA' RDO DRIVE ° '�
20
o`
70.+G &O •1 .1 11 .I • 4 4 .. .1 w I .1 Go L�' /O
TR Cr s b s, ��. O5 , •�,.,��
° �\ O 5 � II 12 13 lid 15 16 IT d ' 18 � .
45.24' M t
70 /24 /23 /?2 /2/ /2D //9 //8 //7 //6 //5 //4 /i3 /i2 /i/ //O /09 /08 �' /07/ - 5
2. 94 AC.
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5.87 AC. o 0
o ti
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x•"'/70 171IV 173 174 / / /80 /8/ /82 /83 /8 /88
TRACT Lor A
Q5 8 O �T 28 29 O 31 O 33 34 O O 3T O 39400
FLOUNDER DRIVE �
R' 4
13 O o°/5 •oi' 2 ioo' /iao' Z v O 751157
2
O
2 v �•ao'/69 / /6 /6 /6 /63 /62 / /58 /56 2
/39 /40 /4/ /42 /45 /44 /4 /47 48 49 /50 /5/ /S2 16 0 1 -- _.._-
4
'p /55 0
3259
• - sus �:../ ...
M CLERK
O. 8/1( 90 PLACE INTERNAL REVENUE STAMPS IN THIS SPACE
-f RUMOR Beach
Grant Deed S.
(Individual)
EARL A. IAMB, a married man as his separate property
............................•-------.....------••----------...---.......--•------•-••--•-•------------------........----------------------•----•-----•--...---------------------.....----•------•
(GRANTOR - GRANTORS)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Do................Hereby Grant To.......The City of Huntington Beach
. • ----•---••--------------•--•--•-•---•---.........--•-------•-
- , tits real property in the., City-of--Huntington-Beach---------•--•--------------------------------------------•--••----•-----••--------•-•
IJ
Oran e
•County of........................$.-.-._--..-......._..._._____._.-. ............ State of California, described as follows:
-Fbr drainage purposes:
The Northerly 100. 00 feet of the Southerly 300.00 feet of the Northwest
.9iarter of the Northeast Quarter of Section 6, Township 6 South, Range 10
West, in the Rancho Las Bolsas, as shown on a map thereof recorded in
-pooh 51, page 14 of Miscellaneous Maps, records of said Orange County;
�.} _; XCEPTING therefrom that pprtion included within Tract No. 4852 as
- n on a map recorded in book 175, pages 23 through 25, Miscellaneous
1Gps, records of said Orange County.
APPRc EL Ok fURM
CITY ATTORNEY
Dated. �/ ' .....19 .3 ........... (+�t.X�_p! .-1�. .:.
----------•---•--•---•--•-----------------------------------------------•-----•' ------•----------•---.....-•-••--•---•-------•---•-----------•.........---..........-•----.......
STATE OF CALIFORNIA
COUNTY OF SS WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO
.............................................. .................................................-..............................-.................................-....-...
_._..
b.01— o e � ORDER No............-............---_._. ESCROW No...........
,..
This is to certify that the interest in real property conveyed by the
deed dated July 22, 1963, from Earl A. Lamb, a married wan as his
separate property, to the City of Huntington Beach, a municipal
corporation, is hereby-acdcpted by order of the City Council of the
City of Huntington �* n.® ... *Ober 2, 196q, and the Grantee conse• nts
to .recordfiction thor f, bit itsu�y authroized officer.v .�
a
Dated: December C I"&,Y. i. City of Hunting Beach
t
��/�, �►�� BY: '
r" er +'
J• '' a �� ^t s �,�t� �� C�r7Y Yi��i i t{<<�� Gi'�'��� Y.r:�''�' _ .. —_�,,,.,�
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co
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N. RA, CT I,Tlo ,CITY OFKOY •NuTOM bt1►C1i bAl'�01 f _
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to
<_•
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t•
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gap
(Drainage Coat and Fie-ziburs"8.nt)
I.
� b� Buih�-^d crossing 9,404.00 �bG
j 3a r 1 `d. Sngineeri (�-1 ,�.; :�;H'J .. .00
(, Cba r-nel. lining 66 000
a. Right of way �c fs"ement)
Ae 'fig. Construction500.00
.'c. EngineeringAle 140-
a' Y Future � ] �' �r,e"4f) ^v �
& Cvnti gencias � t=e.}/ l�3
la1) CD��
'a. -Station 41.050180.00
-tr' . Bnginet ring P.S. 8,./w14,.40 J
mac. future Storm Drain 349320.00
mod. Fx*inee ring & Contingor 7 (�' t', re) - $1,580.00
Chaunal. lining �. � �
►. i P Station an Zorl�tz�w. eta +
-a. Pw,,p Station
mob. Storm Drain in Yorktown From
k p Station to Cannery
vc. ,> Sto= Dlrmina in Yorktown & Cannery = 60,720.00
ado InginseriAg and Contingencies 10
$=y060s0d
5. r2g �^
a.. Cost:
00
DO 5 SD 1 14 0 Op
1 #
Total. *192 57'1,00 1411)
r r
b. Acreage._Searv+il x
area **At of �a � � C�i"i�rl�! ?
']Ci*%& (2e ±*ac )•
CS. toot
,r+ y 0,v
.f�b"J' ���,�.'I:f d+3'rFo��,�iY' .�':,r'" +'A�alp✓`rG°� s �� J � •J
L
preage ServedS w
`�etve�tz Garfield & lorktown, Are jyl9
Fee
s; = Al9 oQO
17. Ates Foe-,—, NO
a® .Coats .
'y. ke resge serveds
Tract 4743 s .t"at b9unded by Garfield,,
"Mary'. Zor'kuvt, & Ntw land,, and Tract
4405
C. loos
t1s.233» use � 9�
.25
ev
I
i
i
;3eiker f"ee ^ re,Hted to o= tea nkheres
a."lar o,e� due Soatb Shores homes �-L, ref=d
from fees coll otec' on other properties
It tar be pos itie to re tired. the monies duos for
se,r—er and vats, main acii6.trraction, from city funds if it is
determined *bat said monies are av&ilable from other tie—ins
since Coxistruction was aoea pleted. This matter will require} a
more thorough in eastigg ti;cv ,before a &,Aermi.nation can be made o
If monies are not avai]Ablt a reimbursement agreement will be
prepared.
t.
�xai.naa�e=_�acilt.tia� a
The .figures which were submitted do not agree: with the
estimate made by this office. Attached .is our estimate.
which you should review and correct as necessary per you
paid receipts. You :will note the following differences
l h'L- cost of the '-taavment for the channel from Brook.
burst to 1300 + feet westerly has not been included.
This is predi,,At-_& on.;aou being able to obtain an
eAsement from the owner for a faxture pipeline.
2. The cost of.ohadnel excavation has not, becft included ;
since the excAvated material was placed can your tradt� ;
ancl was a de iniAo benefit to the tract develop one
Fad your ca ps . not desired the material we feel. there:. `
are. numerous cprAra.ctors would have excavat d .th `
channel for to ' ter e l 3�exaved,
3. The chain—link, fpncing was a com it ional ,r ui rent- k ;
df the, tract ct develoorr(ent, and the cost for same should
not be incurred;,b the draa.ir-a e district. ti
T°i:e cost of th4t portion .of the channal liming which
has been con#trl,cted: {or will be in the near
_fut-ores}_
was necessary.,biacause the pip station,d scharged a
that point. Tbi�rafore, said' cost should be included
in the area wrhiO.h. is pumped.
xttare, pip.'Sig c+ st" per the attached estiviate are higher.
It is assumed 'that the pipes you used were undersize
an we ha irb �bl;, �aaed a higher unitpricetocoy-
pensa#e for fu ire increases in labor, and material. cost.
We have also indladed. Eagineexring and continge i.es q
Driinage f6es are c _-ged on the grass tract acre
e have added engineering, coat which you may not have
!vcluded in your Pi -e
A roviev of our records e dwi status of r4ht-of-
Waysor the drainage facilities reve&18 that we- have not, rem
ceived a deed from you- for the (W 5) East Valley Chp.Dnel ri h -
of-way nor &n e s tene t .star the DO 5 - SC 1 Ch&wel (Brookhurst to,
1.3001 went rly). c-ae inatrnaztents should e. submitted at your
eajr-li at convenience.,
Very try "Urn,,
.' R. Wheeler,
Dir"tor of Public Vorkuo
By
� E. t
of Public Worka
MOT;AMShm
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To Date
OL-
ds-��cs .�O✓ c�
1000,
\ PLEASE REPLY TO",,*, Signed
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Date Signed
Redifprm SEND PARTS-1 AND 3 WITH CARB S.INT
4S 46S PART 3 WILL BE RETURNED WITH REPLY.
LAW OFFICES
AI DLI N, MARTIN & MAMAKOS
5143 SUNSET BOULEVARD
JOSEPH.W.AIDLIN LOS ANGELES,CALIFORNIA 90027
ARTHUR L.MARTIN
JAM ES L.MAMAKOS
TELEPHONE 666.1910 '
BONNIE LEE MARTIN 4
PHILLIP CHRONIS- UR REFERENCE
January 15, 1965 d .
r.
IP,'a
CERTIFIED MAIL
RETURN RECEIPT REQUESTED ' rG
Director of Public Works
City of Huntington Beach
Huntington Beach, California
Attention: Mr. William Hartge
Assistant Director
In re: Kenneth W. Koll and
South Shores Homes
Gentlemen:
.This will confirm the notification to you by Mr. Charles
H. Gorham of South Shores Homes that South Shores Homes
and Kenneth W. Koll have transferred and assigned,
irrevocably to the undersigned Joseph W. Aidlin as trustee,
all claims against the City of Huntington Beach and
all departments thereof for reimbursement for sewer
and ..water extensions and for drainage improvements'
in connection with Tracts 4304, 4305, 4743, 4744 and
4852,
I am enclosing an executed duplicate original of the
assignment and you will note that the City of Huntington
Beach is authorized and directed to make all payments
on account' of said claims directly tome as trustee.
V ry truly yours, I
V V�
OSEPH W. AIDLIN
JWA:da
Enclosure
f
ASSIGNAMEW OF CLAMS
FOR GOOD AND VALUABLE CC3NSID>'mRA#LION,. the receipt
and sufficiency of which is hereby acknowledged, the undersigned
. does hereby transfer and assign to JOSEPH W, AIDL1N as `trustee,
pursuant t4 the provisions of certain agrementss dated July 31,
1964, heretofore entered into between the undersigned and
LAURA I. HARPER t"'t;s Trustee, i AN H. HARPER and HAROLir HARPER
and with EARL A. LAW and EARL A. i:KzM, #tiJ:1L.4AM vA7«eO7iaA.E LAM
and JOS.9PH W. AIDLIN as Trustees of the EARL A. IoW- TRUST,
respectively, the following claims of the undersigned against
the City of Huntington Beach, California, and all departments
thereof, to-Wits
1. Claim for raimbursser-nt for sewer and water
extensions,.
Claim for reimbursement for drainage improvements,
All made by the undersigned in connection with the subdivision
of Tracts 4304, 4,305, 4743, 4744 and 4852, City of Huntington
Beach, California.
The heroin assignment is irrevocable and the City
of Huntington beach is hereby authorized, directed and empowered
to make any and all payments on account of the aforesaid claims
directly to said JOSEPH W. AIDLIS as Trustee, and his receipt
and release therefor ,shall be a .full release and acquittance
thereof for and in behalf of and on account of the undersigned.
Dated: Covenber 3, 1964.
lWi�efh W. Kol
SOUTH w pRS 6, a partnership
e
SrArs or
taw" or WS Ammuls
On This 3rd day Of t3 er , 15►64
befove me, t•.h* madersignod, a NotaCy Public, personally app*ar*d
W, NOLL, )Mown to ar to be tbe, parson ewe naeeo is sub-
scribed to tbs within i"trAmOuts and acknowledged to 00 that
they exat mt+tld the same.
m2mss my band and official anal.,
caw
Plomp
wCr + arm„
KINCIPAt Ofi10E!N
L1?S AW4LE4�befNfl
STATE dP CALIF MIA
e so
Covwr or WS AxaW A G)
On This 3rd day of December r 19" before M, the
undersigned, a Xotary Public, personally apgear04
R 'S W. LOLL and CHARLES H. QIEIM M
known to me to be ali *f the partners of the partnership
that executed the within instruments w%d attkmmind9od to are that
such Partnership +eaart mted the am*,
WIMP" ay band and off LOSAI seal.
PWLUP CHROMI5 12
PRMCIPIML OFFICE IN
LOS ANtGEtES COUt4TY
MY WWIWIM 10k?t Angus; 8. I9,i!
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'i "ta fir. 4744 aid 4852
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per
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of AM 13' •2! 99�'►i.21 per *ate
Am Aar * • 133.05 ". J
sit Siam s
A-AMMA
d
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.: _. w s ` +►� 55 pax + �, ._
"
" Mon
MIT
* Sit, ' ui t Y&W drsi p chaan2 sa a aaartibwUr to t o'mat 0
T. alb abom wAsr *2. ESTIMM' tFIlTURS
e..
ti
OWTRTBJ?TW. WkIrm An smm VRWAS .
AP' 13 COSTSX AND ACOADS AM.AND
amm Ins rm SWTK Mms
CMTEBUTDO ACUAGIS
Tract So* 4305 63,.
o-et a 4744
MIMM
BY
so=
k. COST Of UMSIONS IKS3T
BY $WTH SHMS HOW
s75 sarim .0 a0 pw * o
a t
CREW M SMSSROM
SMIR ACRUGS in
1G CMIT DOB3t oft
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MEMO TO DATE
FROM
71- 4-
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`OEt1'�UCfGM C� y�
�Vfv�"G
RIMMMMED111pply company
STEEL DISTRIBUTORS
Pipe — Valves — Fittings —Shop Supplies
Rubber — Abrasives — Fastners —Pumps — Rigging
5125 Santa Fe Ave. 0 Los Angeles, 58 • LUdlow 8-1281
v -
MEMO TO DATE
FROM __
00
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e'`.
,3�-
'0 Eq
ROMMMED111pply company
STEEL DISTRIBUTORS
Pipe — Valves — Fittings —Shop Supplies
Rubber — Abrasives — Fastners —Pumps — Rigging
5125 Santa Fe Ave. 9 Los Angeles, 58 9 LUdlow 8-1281
MEMO TO DATE
FROM
lzv
' ee,
❑0 w rni° QH/apply company
STEEL, DISTRIBUTORS
Pipe — Valves — Fittings —Shop Supplies
Rubber — Abrasives — Fastners — Pumps — Rigging
5125 Santa Fe Ave. • Los Angeles, 58 LUdlow 8-1281
MEMO TO DATE
FROM
e.a-
K(MRHHHn/11/)P/Y company
STEEL, DISTRIBUTORS
Pipe — Valves — Fittings —Shop Supplies
Rubber — Abrasives — Fastners —Pumps — Rigging
5125 Santa Fe Ave. • Los Angeles, 58 • Ludlow 8-1281
ESTIMATE
(Drainage Cost and Reimbursement)
SOUTH SHORES HOMES
1. DO 5 Cost
a. Right of way 5.71 ac. 6- $159000.00 = w85,500.00
b. Bushard crossing = 9,404.00
e. Regrading Edison R/W = 12000.00
d. Engineering = 3,000.00
e. Channel lining = 68,000.00
$1669904.00
2. DO 5 - SD 1 Cost
a. Right of way 1.41 ac.
b. Construction = $40 000.00
c. Engineering = 2,000.00
d. Future = 53,300.00
.e. Engineering & Contingencies (Future) = 13,325.00
$109,125.00
3. Flounder Pump Station Cost
a. Station =$1059180.00
b. Engineering P.S. = 8,414.40
c. Future Storm Drain = 34020.00
d. Engineering & Contingencies (Future) = 8,580.00
e. Channel lining = 2,850.00
$'V159,344.40 ,
4. Pump Station on Yorktown, etc.
a. Pump Station 41409000.00
b. Storm Drain in Yorktown from
Pump Station to Cannery = 48,840.00
c. Storm Drains in Yorktown & Cannery = 60,720.00
d. Engineering and Contingencies = 62,500.00
$312,060.00
5. Area Fee - Gravity Drainage (6A)
a. Cost:
DO 5 -SD 1 = $109,125.00
1/2 - DO 5 = 83,452.00
Total = $1929571.00
�s
V" C) 6�
5. Area Fee — (cont)
b. Acreage Served:
Tracts 4304, 4305, 5025, 66 & 4708, Lamb School &
area east of Ward between Garfield & Yorktown ��(227 ±-ac.)
c., Fee:
6
$192,577.00 = $848.35 Duse $ 850.00
227
6. Area Fee: Pumped Drainage (6B)
a. Cost:
Flounder Pump Station, etc. _ $159,344.40
1/2 x DO 5 = 83,452.00
Total = $242,796.40
b. Acreage Served:
Tracts 4852 & 4744, Area W/Brookhurst
between Garfield &_ Yorktown, Area
S/Yorktown (173 ± ac.)
c. Fee:
242.796. _ $1,403.44 use �k 1,450.00
173
7. Area Fee — Pumped'Drainage (6C)
t F
a. Cost: _
Pump Station, etc. _ $312,060.00
b. Acreage served:
Tract 4743, Area bounded by Garfield, .
Cannery, Yorktown, & Newland, and Tract
4805 (253 ± ac.)
c: Fee:
$312,060.00 = $19233.43 use $1;300.00
•253
THIS AMMNT dated this 144,,...day of
1965 by and .
CITY OF RMIMTOW nrIACR
a mmicipal c orporeatim
hereinafter for conveeniom*
referred to as
twat
SOUTR SWRNS BOXES
a partnership
hereinafter fair convenience
referred to as,
l M l R
MW %
AREAS, City and Developer have concurrently herewith
entered into reimbursetwnt agreements as to Drainage Area
",t being Rei�abu�`seemez�t Agreti�t Number 122 eA►n+t� ]bra zatage.
Areea 68, being n+ Reimbursement sement Agreement bimber 121, and#
WWRIAS pursuant to said R;omibursm.A..ut Agreae nt s
certain Monies are now _payable to Developer by the City, and,
AREAS, Developer owes, as of this dater, drainage
fees for Tract 4743 I tho unt of $4,8 a R68 30 and is ale*
obligated to construct at its cost a pedestrian an bridge across
the 02 Channel. from Tract, 4743, such bridge to be oonstra ted
no later tMn two years frm this dater, and,
WMRW8 Developer is required to deliver to City
an eeeaoemeant for the DOSS-SDl f'rm the DOS Channel to Bitookharst
Street. and,
S REAS, funds for imisd>=sement to Deveel,opeer %a»der
Reimbursement Agre"nt No. 121 for Drainage Area 68, when
collected, will exceed the amount owing by Doveel+aper, to wit
12(o
$48,868.30 for drainage fees for `tract 4743, and,
WMMULSt the aforesaid Reimbursement Agreements
provide for funds to the City for installation of a
future pipeline across the easement D05-SD1 from the
5 Channel to Broakhurst Street and a future pipeline
southerly from the Flounder Drive Pump Station to York-
town Avenue.
SM, ;1' IiSFO , in consideration of the promises
and the agreements herein contained, the parties agree
as follows s
1. Developer does hereby irrevocably assign to
City the first reimbursement funds hereafter received by
they City payable to Developer under Reimbursement Agreement
Number 121 as to Drainage Area roB up to the mount of
$48,868A30 in payment of and to be applied to drainage
fees awing by Developer for Tract 4743.
2. In view of the provision by the City for costs
of underground pipli n e across the easement DOS-,SDI from the
5 Channel to Srookhurst street and the underground ,pipeline
southerly from the Flounder Drive Pump Station to Yorktown
Avenue no value has been given to Developer in the aforesaid
Reimbursement Agreements for said easements or rights of way,
and the City agrees to install such underground pipelines
at such time as the City has received drainage fees, in excess
of the said drainage fees for 'bract 4743 raving by Developer,
as provided in Reimbursement Agreements Numbers 121 and 122,
sufficient to pays for installation of such pipelines.
-2-
3. Developer shall either a3 deposit with the City
a band in the amount Of $15 000,00 payable on. deaeaand within
two years from this date o which said scum shall be used by the
City for construction of a pedestrian* bridge across the D2
Channel from Tract 4743, said bridge to be constructed pursuant
to specifications ho etoforo established therefor by the City,
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any excess thereof reasai.ning over they cost thereof to be paid i
to Developer,, or b) shall deposit with the City a ;fine agree**
meent, satisfactory to the city by a reputable contractor agree-
ing to construct said pedestrian bridge upon demand therefor
by the City at any time within two years from this date, con-
struction struction thereof to come ece no later than 60 days after date
of such demand and to continue diligently until completion,, or I
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c3 Developer shall within 30 Mays from this date comeraence andi
diligently continue until completion the construction of said
pedestrian bridge and pending completion of such construction '
the Catty may withhold from funds payable pursuant to paragraph i
4 hereof,, the sum of 4lS o 000.,0p, which said sum shall be ,paid
by the City an provided in paragraph 4 hereof upon completion
of said pedestrian bridge• i
4. Upon execution of Reimbursement Agreement* XwWk ear$ 1
121 and 122 and this agreement by Developer City and the �
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delivery to the City of the eeaeusom ent for the pipeline DOS- sul
i
from the DOS Channel to Brookhurst Street and provision for
construction Of the pedestrian bridge across the D2 Channel
from Tract 4743 the City will pay out of reimbursement funds
now available pursuit to said Reimbursement Agreements the
it
total sum of $51,469«75, *aid payment to be mad* .to Joseph W.
Aieili..n Trustee pursuant to irrevocable assignment of and order
to pay to said Joseph W. Aidlin as Trustee all Claim$ of ;I
!I
r
Developer for reisbursemont frc as the City, duplicate original
of which assignment has heretofore been filed with the City
together with notification of said assignment and order to pay.
IN WITNESS WHEREOF, the parties have executed this
agreement as of the date above written.
CITY OF WMINGTON PM H
A municipal corporation
By
Mayor
Attest :
City Clerk
APP AS To RX
-le
As pit. CityAttorney
,j Y
C
f SOUTH SHORES HOMES
By
Partner
-4-
,J
STATE OF C;ALVORNI,A }
Ss
COUNTY Or CRANE �
On thin , „ day of 1965,
before me a Notary Public in and for said County and State,
personally appeared ,
known to me to be the mayor and
known to me to be the City Clerk of the City of Huntington
Beach, the municipal corporation that executed the within
instrument, known to me to be the persons who executed the
within instrument on behalf of said municipal corporation
and acknowledged to me that such municipal corporation executed
the ssa".
Notary Public
STATE OF CALIFORNIA }
SS
COUNTY OF ORANGE }
On before me,
the undersigned, a Notary Public in and for said State, personally
appeared
known to me to be of the partners of the partnership
that executed they within inssr trument, and acknowledged to me that
such partnership executed the same.
.
WITNESS my hand and official seal,