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HomeMy WebLinkAboutCALTRANS Beach Blvd. Easement for the Waterfront Development (2)99 0/ & I CITY OF HUNTINGTON BEACH �� aysrfi�TiOY MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: PW 98-096 Council/Agency Meeting Held: / De erred/Continued to: — t 460•aD C:I�Zzzl 6u� Approved ❑ CCdionallly Approved ❑ Denied rk's Signature Council Meeting Date: January 19, 1999 Department ID Number: PW 98-096 CITY OF HUNTINGTON BEACH, REQUEST FOR ACTION = SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS cn � rT) rrl �� T, SUBMITTED BY: RAY SILVER, City Administrator -CI -'' //��,,� BY: 40BERT F. BEARDSLEY, Director of Public Worksa(F- PREPAREDDAVID BIGGS, Director of Economic Developmenti., SUBJECT: APPROVE PURCHASE AND SALE AGREEMENT WITH CALTRANS FOR BEACH BLVD. EASEMENT - WATERFRONT DEVELOPMENT PROJECT Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue : Caltrans is the owner of a highway easement along the west side of Beach Blvd. extending north of Pacific Coast Highway on the City Redevelopment Agency owned property, which will be used for the Waterfront development. The easement is in excess of the width needed for existing and future highway improvements. Therefore, the City has asked Caltrans to relinquish the easement to the City so that it can then be vacated to accommodate the Waterfront development. Under the terms of the Development Agreement for the Waterfront project, the City is to use its best efforts to have the 20-foot wide easement along Beach Blvd vacated. Funding Source : The cost to purchase the easement from Caltrans is $750. Funds are available in the Redevelopment Agency budget. Recommended Action : Motion to: 1. Approve the Agreement for Purchase and Sale between the State of California, Department of Transportation and the City for purchase of an excess highway easement along Beach Blvd for $750 and authorize execution by the Mayor and City Clerk. 2. Authorize the City Clerk to affix the City's acceptance certificate to the Director's Deed and to record same upon City's receipt of deed for the Beach Blvd highway easement. BCHBLRCA.DOC -2- 12/17/98 11:11 AM � I REQUEST FOR ACTION MEETING DATE: January 19, 1999 DEPARTMENT ID NUMBER: PW 98-096 Alternative Action(s) : Deny approval and instruct staff on how to proceed. Analysis : Under the terms of the Development Agreement for the Waterfront project, the City is to use its best efforts to have a 20-foot wide highway easement along the west side of Beach Blvd vacated. In 1980, Caltrans deeded excess land to the City and reserved a 20-foot wide easement for highway purposes. The easement is in excess of the width needed for the existing and future Beach Blvd improvements. Moreover, the City's General Plan doesn't propose a highway width beyond the current width of improvements. Thus, the City has requested that the excess highway easement area be relinquished by Caltrans so the City can then vacate the easement. Upon transfer of the easement, the City will initiate proceedings to vacate the easement in order to free up the area for use by the Waterfront development. The cost to the City is $750 to have the highway easement transferred by Caltrans. The approval of the Purchase and Sale agreement between Caltrans and the City is needed at this time to define the terms and conditions for said transfer to be accomplished. Upon receipt of the executed Director's Deed from Caltrans, the City Clerk will need to execute a certificate indicating that the easement has been accepted by the City. Environmental Status : The transfer of the highway easement is exempt under CEQA. Attachment(s): RCA Author: Gary Dysart G:\Eng\Boucher\Bchblrca BCHBLRCA.DOC -3- 12/17/98 11:11 AM PURCHASE AND SALE AGREEMENT In this Agreement dated I- noo rq by and between the City of Huntington Beach, a municipal corporation of the State f California, hereinafter known as "Buyer" and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, hereinafter known as "Seller", the parties agree as follows: For the sum of Seven Hundred Fifty Dollars ($750.00), Buyer hereby agrees to purchase and Seller hereby agrees to sell the real property easement commonly known as: That portion of that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD-11783-01-01 recorded March 20, 1980 in Book 13542; page 672 of official records, in the office of the County Recorder of said county). Legally described on Director's Easement Deed No. DE: 011783-2 (hereinafter referred to as the "Easement"). Copies of both Director's Deed No. DD 011783-01-01 and Director's Deed No. DE 011783-2 are attached hereto as Exhibit "A". Subject to the following conditions: All sales over $15,000.00 are made subject to the approval of the California Transportation Commission. II Tendered with this Agreement is a check in the amount of $750.00 as full price of the easement. III The Buyer agrees to pay any and all recording fees, documentary stamp tax and monumentation fees chargeable by the County Recorder. At a later date, the Seller will request that these fees be forwarded. IV In the event that the California Transportation Commission fails to approve this sale, all monies heretofore paid by the Buyer will be refunded including interest thereon. V The Buyer expressly understands that the right, title and interest in the Easement to be conveyed shall not exceed that vested in the State of California and that no policy of title insurance will be furnished by the Seller. If a policy of title insurance is desired, the Seller will obtain one, upon request, at the Buyer's expense. The Easement is being conveyed subject to any special assessments, restrictions, reservations or easements of record and subject to any reservations contained in the Director's Deed. The Buyer may examine any information the Seller has relative to these matters. VI The Seller is willing to process this sale at no charge to the Buyer, except as set forth in paragraph III above, or the Buyer, at its option may open an escrow at its own expense. No escrow fees will be paid by the Seller. VII The Buyer and Seller agree that title to the Easement being conveyed shall not pass until the purchase price has been paid in full and that Buyer shall have no use of the property until Director's Deed No. 011783-2 has been recorded, which Seller shall record in the Office of the Recorder of this County within five (5) business days after the execution of this Agreement. VIII In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The Buyer hereby agrees to the above terms and conditions of sale. The terms and conditions of the above agreement are hereby accepted, subject to the approval of the California Transpo tion Comm' ion. /D STATE OF CALIFORNIA Department of Transportation chele Smith Q Associate Right of Way Agent By: // Department of Transportation Excess Land Sales CITY OF HUNTINGTON BEACH, A municipal corporation of the State of Califorsua By: V v' Mayor REVIEWED AND APPROVED: ATTEST: By: Qa �, .ram( City A ministrator L� By City Clerk INIT /AND7�APPR BD: APPROVED AS TO FORM: By: �� By: Director of Public Works — - City ttorne 'Ict �� y RECORDING RErUES T `oD 3Y AI';D 141-1EN RECORDED t "�.IL TO: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http://ww%v.ci.huntington-beach.ca.us F O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA r- RWPE: R.W. Smith (1-5-99) Written: RWS Checked: MP (EASEMENT) THIS ORIGINAL DOCUMENT WAS SCANNED . AND ELECTRONICALLY RECORDED ON Document No. First American Title Insurance Company s line for Recorder's Use Man Nn- F-1719-4 Z —A District County Route Post Mite Number 12 Ora 1 23.0 DE 011783-2 The State of California, acting by and through its Director.of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said Official Records. This real property under my direction, in Surveyors Act. description has been prepared by me, or conformance with the Professional Land Robert W. Smith Licensed Land Surveyor No. 3158 Date: January 5, 1999 Page 1 of 2 MAIL TAX STATEMENTS TO: T-n,v,-ExgMpt•Gbv9YnM9nt Agency CITY OF I-IUNTIrjGT0N ScACH , ®t" 4pie Eirockww>, C C".a�rkp7 uty E✓t�f <„i Girl NI 6/94) '� � ,0ROj This document is solely for thc- t(&5�,x official bLIS!neSS of thQ city 01 i z`vcl Edr yr �'� yes# Cady Sec. 6103 and shouid be recorded free of clriarge. f I x Number Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS_ my hand and the seal of the epartment of Transportation of the State of California, this day of (l 19 61 STATE.OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation y A omey in Fa STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT SS County of A_-d4-. On this the 2 tlay of 9 9 before me, U /, Name, TRIO, Officer-E.G., "Jane D ota Pu ic" personally appeared Z 2 d7 / 4_&� Name of Signer 0 personalty la~ to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within instrument and acknowledged to me that h palf xecuted the same in h• er authorized capacity, and that by ignature on -the instrument the person, or the entity upo beof which the person acted,e)(ecuted the instrument. WITNESS my hand and official seal. (Nota Public's s' ature in and for said Co ty and State) • .•• : .ry All notary seal or THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this(„,fil day of .19 % / . G'_..7,' -1-torney By:, i)p sty City 1ktt01`ay Form RW 6-1(S&T) (New 4196) USE FOR SALES DELEGATED TO DISTRICT = _'age--'2 -n-F2 - ---- . V dam, M 00 vi I;nf— -F, c f 12- 1 OV A N 1 1-1-Y or HvwrjN(�-T'19�j 1 '7 13 OA 4 A-, IN oo C7 X/x 9 -5-rA-TC- OF MLi 0 106TA J7-ro6vT C-r I FLA -r A J ooA4FApyjtj V, A RMI CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the Deed dated January 5, 1999 from State of California to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: February 5, 1999 CITY OF HUNTINGTON BEACH COI`iNTIE BROCKWAY, CMC CITY CLERK �I By: _ t ljnelle Case g:\followwp\deedcert/deed 5702/State (Telephone: 714.536-5227) 4- 2-98 ; 14:43 XALTRANS DIST- 7 R/W-+ 714 724 2622;# 2/ 3 RECORDING REQUESTEL STATE OF CALIFORNIA u. v4 WHEN RECORDED MAIL TO Department of Transportation District 23. Right of Way 2501 Pullman Street. Building -C- Santa Ana. CA 92705 Attention: Larry Staley Recorded in the County of Orange. California Gary L. Granville, Clerk/Recorder No Fee \\ 19970324873 2 : 07pm 07/09/97 005 r12024552 12 33 P14 2 7.00 3.09 1.0i 0.00 0.00 0.00 :)NF())RrnEJ :,OPY ,qt i.,;nwarea with Uriginal POWER OF ATTORNEY -- Department of Transportation No. 500 (Including Revocation of Prior Powers of Attorney) 1, JAMF.S W. VAN LOBEN SELS, as Director of Transportation of the State of California, by virtue of the authority vested in me by law, do hereby appoint any one of the following named persons: J. M. McManus and/or Brice D. Pans and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldstein and/or Teresa Cota- Arias and/or Ron Costello and/or Greg Morton and/or Richard Standley and/or Larry Stevens of District 23 of tha Deparaaenc of Transportation as my attorney in fact with full'power to execute requests for full reconveyance of deeds of trust; to consent to deeds, grants or other instruments therein. to the State of California for transportation purposes, and to certify to the acceptance by the State of California of such-tleeds. grants or other conveyances as required by Section 27281 of the Government Code. Brice D. Paris uid/or Lawrence J. Staley and/or Linda Wilford and/or Teresa Cota-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scott and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transportation as my attorney in fact with fu11 power to execute Agreements between Caltrans and Buyer when surplus residential properties are disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Government Code. and to execute conveyances of State-owned property by instruments designated Director's Deed. rcqucsrs for full reconveyancc and requests for partial reconveyance of deed: of trust. requests for subordination, and any other documents necessary and proper to complete a conveyance of property on behalf of the California Transportation Commission pursuant to the provisions of the Streets and Highway Code or other statute. PROVIDED, FURTHER. that my name may be subscribed to such instruments by stamp. typewriting or other mechanical means acid need not be written manually by my said attorney in fact. The following Powers of Attorney executed by JAMES W. VAN 1_OBEN SELS as Director of Transportation of the State of California are hereby revoked: No. 482 dated July 20. 1995 and naming Kenneth D. Steele and/or Joe W. Boyd and/or James G. Fisher and/or Greg Motion and/or Theo Wacker and/or lames A. Dusini and/or David Patler and/or Carol S. Devorkin and/or Larry J. Staley attorneys in fact: No. 498 dated February 7. 1997 and naming Stanley Usiewicz and/or Linda L. Wilford and/or Richard D. Standley and/or Patricia L. Smith and/or Terrence K. Moore as attorneys in fact, No. 499 dated May 23. 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Goldstein and/or Teresa Coca -Arias and/or Lawrence J. Staley as attorneys in fact. - :1c WITNESS my signature this play of 1997. STATE OF CALIFORNIA Department of Ttanspotiauon JAMF,S W. VAN LOBEi' Di for i Departmem of Transportation Fr^.s aec^_n-linq Raqu9sted Essential to Acquistion by Department of Transport+ 0(t .lSee 6103 GOY. C0de) RWPE: R.W. Smith (1-5-99 ) space above tnis Written: RWS Checked: MP Map No. F-1712-3 (EASEMENT) %xPlaY7 A ne for Recorder's Use Z —d District County Route Post Mile Number 12 Ora 1 23.0 DE 011783-2 The State of California, acting by and through its Director -of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly- line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said Official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No. 3158 Date: January 5, 1999 Page 1 of 2 MAIL TAX STATEMENTS TO: (P �Q �q)�F of CA Form Rw 6-1(S) (Revised 6/94) I Number Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this _day of 19 STATE OF CALIFORNIA County of On this the day of personally appeared STATE.OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Director of Transportation By Attorney in Fact PERSONAL ACKNOWLEDGMENT SS 19 , before me 0 personalty {mown to me ❑ proved to me on the basis of satisfactory evidence Name, Title of Officer-E.G., "Jane Doe, Notary Public" Name of Signer to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in His/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (Notary Public's signature in and for said County and State) Of sump] THIS IS TO CERTIFY "That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this day of Form RW 6-1(S&T) (New 4/96) USE FOR SALES DELEGATED TO DISTRICT --.a9e---'Z -a-F. 2 --- . 19 i b 4,51' Mum {� �E,Aal4 C7 o� cc-9 = J s. �v fl vffA�-MOJT or7'9,4A5fQJZTAPO1v -trll Fl &rid PLAT A Jaotw-rAwliti r r 5Fj MAP: F 1 � 1 � -- 3 1 4- A '- 1 - - R.q Recorded Nail to 07 � :,x 276-4 •Angeles, Terminal- mmmex Los Cslifornia 90051 EXCESS LAND R 10E:BAUM 5-17-77 :written by : ,BBZ. Checked by:IB' MC-153 DIRECTOR'S DEED JAB 8._ .. `'�' .._� .. 2 4 0 0 0 j GF ORANG' X,yj,B /TI1g80 15 pwd3 LEE A.BSt?.NCN1 Counry Rxcrder C ;..11.47Y T;a:•:. --9 4Ax s t,�Q�„ PtiRT T C A G� N Y) FR=AL M. GA Eft; VSenior IVW Aagnt. I SPACE ABOVE THiS LINE FOR RECORDERS USE AP 24-25-`i/A(05) Beach Blvd (Rte 39) at Pacific Coast 'rwy. r-1,-. l ) NrVly attars_ DISTRICT COUNTY ( ROUTE POST MILE NUMBER 07 Ora 1— 23.0 DD 011743-01-0_ The STATE, OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to CITY OF HUNTINGTOV Br�CH�.a..l.uicinal Corporation_._._. .... ...................._...._..-....._.... _.............. _...... ........ _................._......-•--•- .............................. -........... ------_..__._.................. _.................................... _............................... _._....,....:��-- t • Y ._...... __...._.............. _...... .- ...... ..._-_•__....._.. _ .. _........«........_•---------- •-------- ._--.......... ......---........�._... _ __...»..�-_._.{._..�.... of ail that real property in the ....... C �.a�........' :a?l �''• on-=:ea..r............--................ .......�..__:_. `: _.:........, County .____.---------------------- State of California, described as: Those Dortions of the Southeast quarter and the South half Of the Northeast cuarter Of Section 14, Township 0 Sout , Range 11 West., in - "he Rancho Las Eolsas as shown on a man recorded in Book 51, page 1'--1 of Miscellaneous Maps, in the office of tale County Recorder of said Coimn'u-y, included'' within the --following described parcel: Beginning , at a po?n in tale Easterly g line of Said Section 14,- distant alonsaid Easterly lisle " :w S 0° 17, 43211.02 feet ,from the 0 Northeasterly Corner Of sa:i.d section; thence N o9° 42' _12" :w, ^,0.00 feet; thence $ 03° 29' 43" N, 1702.05 feet; thence S 25° 32' 14" 1, 336.*94 feet; thence S 110 44, • Son , 771.48 feet; thence. S 7$° 15 2!r"' :l 32.75 feet to the Northeast corner of the real property cor_veyej"to the Cite of Huntington Beach b;,r deed recorded in Book 455, pa^e 400'of fiCial Records in the office Of t e County Recorder of said coL'nt hence along the Easterly line of said real property and its Southerly pr olong:ati On to the Northeasterly line of zhe land -described in deed r',corded in Book 123, page 91 of Deeds' in said office; thence South- easterly along said Northeasterly line to said Easterly lire of .EeCtiO n 14; thence along Said 1aSt me ntioned :Easterly line �iOrt.^.er1y to the point of 1 e: inning.. MAIL TAX = STATEMENTS TO: City of Huntington Beach P. 0. Box 190 Huntington Beach, CA 92648 Attn: Floyd G. Belsito 42P"673 �iG TL_LRE ROM that certai:m lard described in deed to the X%"..' _ 1 10"2 in Book 2351, page .5 State of California recordedJuly Official _records in said ol:ic.. �+ T-- R01 ^ r „, ^n included rl_ Lh_n Vhe ALSO _ XCLL)TI-N yl.LR�" L '� V let PC -LV L G.00Jfee''iO`' said "Section. 1 - �as:, 5 hat portion. lying Southwesterlj1 -.0_ -T �O i the re +lainde pion of said r`.�SO ��i_+�� L: a prol6nga� of the :yortheaster1, line and the SO;,.,_.e�ste_ 1y described in deed to the State Qr L rly line of 'Parcel 2 of lard o of Ofr_ci a1 :vcrtzeas �e o lm i 93�, in �ook o26, page 3791 California•.recorded June _, • f+ r c Records in saia`O :ic . r"C�B'�'1;JG P,:1� F.SS�R�JI�i s to the State Or California, yits suctionors Of ,-�L{ �zwa- purposes over that pOy or assigns, an Easement for state Highway � T^pllows ,,he above described parcel of lard, describe- as /� t,O2+tlleasL corner O1 te Beginnin` at said here rabove mentioned, iine of said "real rea, proper �y . t hence Sout:merlY along the 1ljasthe L, ri y line" (of I L; Vow t,L eas:.e_ - property" to said, hereinabove, ment_On- -, L. r^ i thence Southeasterly along last. said "Northeasterly l�1 line" tO ; ti,?: ei nabp�e mentioned "Certain land"; the -most .- ester ly corner of said, P i - 1,^ar1a; land" to a .I.:�. L Northerly line _O- Sal-. .. --_ V-_'mrnr '- �Tlt the^ce masterly along theL ..o.,i. - n 00 feet ;aeasu_ d aV ri_ L ,; re ^arall el with and distant, 'rre.S ^ - - I }i �„ l,," . thence a- r-''^ly alor. L' r ;^rO:^ said ".,aster ly line o_ Sec oL' -� , ao_ • ..y a'm_e S-, ?- a S aid "SOUt:l Ala l`_� Q f �t."le *fO,,t},c aS said parallel line t0 the North :'-=m� Q, rL 11Tie" to a line paral3ei _ terl along said :7o �h _ L ^'Io r„o..; cuaa Ler"; thence•NeS� a � mac'- � nJ �rp•7 a� *"J Sh'v a=� - J, j =h di tan'_ Westerly 20. 00 fee", ea `i i- Sa; d�pa_r? lel line With and s W&.-- along las m l l _ne; thence Sou..' _ ;�_ ,, i reel to a l' ne :_rst said p c, al1e1, meet thence S "" 55' 33" " � . 28 �'' _r; '..it a Cis�ance of 17,5•�4 i , t „y__„-_ ­nJ%J 00 fee:., meas•u- d a ? with and distla �allorthea 1 , n_"� (pf • �1 2 , thence North- , _ arc ) angles, Ix on said y.iort+l e r l,�! i line t0 that cou="se described above ;;esterly along lass said pa_a.._e_ j- last course to 25 "S 7$0 17'o24i" ,a, $2.7� feet"; thence Wester- 2lpr+g the point of be dinning. mT .l� � %..1_.7id - ^^ all pil,r. D .dL\ m11:.J. i :V1 , 1 0 L hydrocarbons by whatsoever name OYi:1 minerals, natural gas and oth.._ y»Q2 parcel of land, and that may be within or under she herein conveyed pa. e oO ;ed L �i . �, o ether with certain other corditiohs , as ,x. ,,,ie rights hereto, to L T % a ; f ; _recorded July o, and reserved in deeds to the S%.. o_ ��1__- sa, .L fr; and October 2 official Records in said o L_ce a- > Of--�C in Book 01632 Dave 667 of Official Records in said office: 00 Da� 353 105c in Book 3003., �. 4 rN ri K 1 J � 4 2 P 074 0. Subject to special assessments if any, restrictions. reservations.. and easements of record. This conveyance is executed pursuant to the authority vested in the*birector of Transportation by law and, in particular. by the'Streets and Highways Code. 'WITNESS my hand and the seal of the Department of Transportation of the State of California.' this day of. -.-.— STATE OF CALIFORNIA DEPARTMENT !OF TRANSPORTATION PRCI- TFsPoRT.APV,-j Rr- %zraN '-` By� 7 T: A. -Tknornev in Fact STATE OF CALIFORNL-k COUNTY OF SACRAMENTO On this. day o P in the vear 19 before me . ....... .VIPUY J. MORTEN .................... a Notary Public in and for the Si,fee'f a�*' therein. duly commissioned and sworn, personally, . . SZ ;�ia.. residing appeared ....... . ..... . ... . ...... . ..... . .............. �nAggg . ............ ...... .......... . -�*nown to me to be the person whose name is subscribed to the .within instrume-na as the Attorney in Fact of ............. 37 ;.* . ................. ......... Director of Transportation of the State of California. and k-n**o',,v-n to me to be the person who executed the vithin instrument on behalf of the State of California. and he a6mowled-ed to me that, he subscribed the name of 0 - - - - — -- - ------------------------ as Director of Transportation, and his o,.,,-n name as 1attorney in Fact, and that the State of California executed the same. "'IT.";ESS my band and official seal. Ey J. "'.ORTIN CIN:A -73! 1120 N 91714 Z3 ? 'V ary Public THIS IS TO CERTIFY That the Califomia-Hfa-Ir— Commission has authorized the Director of Transportation to execute the foregoing deed at its meetin- rem-ilarlv called and held on the--.--!.s t ...... day of ....... ........ ft§.U49TY ......... . .. . ....... MAI-, in the Cityof .... . . ................... . ..................... . Dated this.. th—dav of February iq...§0. RICHARD A. DONALDSON Assistant Secretary i //L /NG7 Olt FIST :ouNTY RT E. P. G 7 ORA I 3. O 0 BEACH PARCEL NO. 011783-01-OIIA1783j - m o11�84-0l-o1�A17e41 , or 6 Zo b fi. ►, Q�3 V� � N I n zo Reserve for Rlchway EasemEnt AREA = 41.,'93P S¢. ft.'. 4S. OZ' i ACQUIRED OVER vll - ORA - 6 0- tl t6 Bch. STATE RETAINS ACCESS RIGHTS (DO STATE OF CA.L FORNIA -- DFRARTMENT OF TRANSPORTOTInN — nICT'►Mr_T 07 Z �j ACCOk1PAJyYiNG SCALE: NO SCALE D1IY46c;roj? DEE QU 0 79. '�� O/ DRWN:PS CHKD: DATE: 5-16 — 77 REF. P••FJ7J -3g4 ; o7- i -3�.c� 4 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: APPROVE PURCHASE AND SALE AGREEMENT WITH CALTRANS FOR BEACH BLVD. EASEMENT - WATERFRONT DEVELOPMENT_ PROJECT COUNCIL MEETING DATE: Januar,y 19, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author: G. Dysart 111 COVER PAGE REQUEST FOR LATE SUBMITTAL (To accompany RCA) REASON (Why is this RCA being submitted late?): I-Xet cloa4oum�s wifeet reut*va Aitio - Jr,,w, - 6 rid 0.,0? to- L41 Xed *"Y4 Ilise ele_�, pr e"." IL -EXPLANATION (Why is this RCA necessary to this agenda?): 4 We 14.-1 k;... 4 /A dAA41 AL s I rk,-, A/ t1A CA -CONSEQUENCES (How shall delay of this RCA adversely impact the/City?): 1,x-e111,,;A--e11 74 -Z;L RECORDING REQUESTpD BY AND WHEN RECORDED MAIL TO: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http:/lwww.ci.huntington-beach.ca.us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA r" RWPE: R.W. Smith (1-5-99) Written: RWS Checked: MP DIRECTOR'S DEED (EASEMENT) Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 1111111111111111111111111111111111111111111111111111111 No Fee 19990100312 2:32pm 02/10/99 004 7019976 07 28 E01 4 04 0.00 6.00 9.00 0.00 0.00 0.00 0.00 0.00 0.00 Rp i1/d . D.; dl— — 7\3 space above this line for Recorder's Use Va„ Nn t~-1171 1-1 A —d DiAid C-MW Rout& Poa Milk Numbcr 12 Ora 1 23.0 DE 011783-2 The State of California, acting by and through its Director.of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No. 3158 Date: January 5, 1999 Page 1 of 2 MAIL TAX STATEMENTS TO: Ta_Ernpt-Government Agency ctTY OF HUNTMGTON BEACH I e Brockway, CI Clerk $Y` epWY "uc 6194t r I ,,2 'rhts document is solely for the official business of the City pfi CAS-�Fp� of Huntington Beajch, as contem- plated under Government Code Sec. 6103 and should be recorded free of charge. �• � � �`XH/ X IT � . _- Number Subject to special assessments if any, restrictions, reservations, and easements of record. 1 J This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code, WITNESS my hand and the seal of the epartment of Transportation of the State of California, this day of 13A 19 STATE.OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation y AtTdmey in Fa STATE OF CALIFORNIA PERSONAL ACKNOWLEDGMENT County of SS On this the 2 d y of 99 before me, .t U � t/ Name. Tit f Officer-E.G., "Jane D oia Pu �c' personally appeared Name of Signer ❑ personally known to me proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within instrument and aclmowledged to me that h palf xecuted the same in h' er authorized capacity, and that by h' r ignature on the instrument the person, or the entity upo beof which the person acted,V(ecuted the instrument. WITNESS my hand and official seal. b�(No Public's sin and for said COP and State) seal or stamp) THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated this day of .19 99 . Zli Form RW 6-1(S&T) (New 4M) USE FOR SALES DELEGATED TO DISTRICT 1. T. `;7 lQP,,: r!: . City :1 ttoz,n ay t l -"age--'l' -n.-F 2 . 6 X*xlm8 /7- 4 4-5t,moo7yj 2 otz A I1 135A c' 4 o � � �-rA16 o-- z0t-► i - vbTA1?-'rn6NT -�iorl?l &rid PLA r A DOOM-PANY)ti Nowt r kECOR. iG REQUESTED STATE OF CALIFORNIA WHEN RECORDED MAIL TO Department of Transportation District 23. Right of Way r 2501 Pullman Street, Building •'C' Santa Ana. CA 92705 Attention: Larry Staley 4- 2-98 14:43 ;CALTRMS DIST 07 R/W- 714 724 2622;# 2/ 3 Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder No Fee 19970324873 2:07pm 07/09/91 005 N2024552 12 33 ' P14 2 7.00 3.00 1.00 0.00 0.0e 0.0e NFCRME7j COPY ,rat i_* _, ijarea with Original POWER OF ATTORNEY -- Department of Transportation No. 500 (Including Revocation of Prior Powers of Attorney) 1. JAMES W. VAN LOBEN SELS, as Director of Transportation of the State of California. by virtue of the authority vested in me by law, do heretry appoint any one of the following named persons: J. M. McManus and/or Brice D. Paris and/or Lawrence J. Stalcv and/or Linda Wilford and/or Allan Goldstein and/or Teresa Coca - Arias and/or Ron Costellu and/or Greg Morton and/or Richard Standley and/or Larry Stevens of District 23 of the Department of 'Transportation as my attorney in fact with full'power to execute requests for full retonveyance of deeds of trust; to consent to deeds, grants or outer instruments therein, to the State of California for transportation purposes, and to certify to the acceptance by the State of California of such -deeds. grants or other conveyances as required by Section 27281 of the Govetrawttt Code. Brice D. Paris anal/or Lawrence J. Staley and/or Linda Wilford and/or Teresa Cota-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scott and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transportation as my attorney in fact with full power to execute Agreements between Caltraas and Buyer when surplus residential properties arc disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Government Code, and to execute conveyances of State-owned property by instruments designated Director's Deed. requrats for full rcconveyancc and requests for partial reeonveyance of deeds of trust. requests for subordination, and any other documents necessary and proper to complete a conveyance of property on behalf of the California Transportation Commission pursuant to the provisions of the Streets and Highway Code or other statute. PROVIDED. FURTHER. that my name may be subscribed to such instruments by stamp, typewriting or other mechanical means and need not be written manes dly by my said attorney in fact. The following Powers of Attorney executed by JAMES W. VAN i_OBEN SELS as Director of Transportation of the State of California are hereby revoked: No. 482 dated July 20. 1995 and namine Kenneth D. Steele and/or Joe W. Boyd and/or Junes 6. Fisher and/or Greg Morton and/or Then Walker and/or Jamcs A. Dusini and/or David Paticr and/or Carol S. Devorkin mWor Larry J. Staley attorneys in fact. No. 498 dated February 7. 1997 and naming Stanley Usiewicz and/or Linda L. Wilford and/or Richard D. Standley and/or Patricia L. Smith and/or 'Terrence K. Moore as attorneys in fact. No. 499 dated May 23, 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Goldstein and/or Teresa Coca -Arias and/or Lawrence J. Staley as anorneys in fact. — Vic. WITNESS my signarure this '5L7 day of � �, 1997. STATE OF CALIFORNIA Department of Transporrauon J.MF�6 W, VAN LOBEi .i_LS Di ltor i Department of Transportation rrts Recc:�inq Ra usstsd Essential to Acquisbon by Oepattment of TransporU"rt .(see 6103 Gov. COde) G:fbh)V/parcelmpjc CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 9, 1999 First American Title Insurance Co. 114 East 5th Street Santa Ana, California 92701 Attention: Bob Patterson Re: Director's Deed No. 5702 — State Of California & City Of Huntington Beach Order No. 973859 CALIFORNIA 92648 Please record the attached Director's Deed No. 5702 from the State of California to the City of Huntington Beach and after recording return the original to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return three conformed copies of the Director's Deed to the City of Huntington Beach, City Clerk's Office, 2000 Main Street, California 92648. Connie Brockway, CMC City Clerk CB:jc Enclosure Received by: 2 g:\followup\parcel\parcelmp ( Telephone: 714-536.5227 ) G: followup/parcel mpj c �, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK February 9, 1999 First American Title Insurance Co. 114 East 5"' Street Santa Ana, California 92701 Attention: Bob Patterson Re: Director's Deed No. 5702 — State Of California & City Of Huntington Beach Order No. 973859 Please record the attached Director's Deed No. 5702 from the State of California to the City of Huntington Beach and after recording return the original to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA 92648. Please return three conformed copies of the Director's Deed to the City of Huntington Beach, City Clerk's Office, 2000 Main Street, California 92648. �0-" 40 at Connie Brockway, CMC City Clerk CB:jc Enclosure Received by: g:\followup\parcel\parcelmp (Telephone: 714-536-5227 ) a CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH CALIFORNIA 92648 This is to certify that the interest in real property conveyed by the Deed dated January 5, 1999 from State of California to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the. City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: February 5, 1999 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By J nelle Case gAfollowup\deedcert/deed 5702/State (Telephone: 714-536-5227 ) RECORDING REf`UEST oD BY A",D WHEN RECORDED MAIL TO: CONNIE BROCKWAY CITY CLERK CITY OF HUNTINGTON BEACH http://www.ci.huntington-beach.ca,us P O BOX 190 - 2000 MAIN STREET HUNTINGTON BEACH CA r" RWPE: R.W. Smith (1-5-99) Written: RWS Checked: MP (EASEMENT) ace above this line for Recorder's Use Man Nn- P-1719-1 A —d District Comty Route Post Mile Number 12 Ora 1 23.0 DE 011783-2 The State of California, acting by and through its Director -of Transportation, does hereby grant to the City of Huntington Beach, a municipal corporation, all right, title and interest in that Easement for State Highway purposes, in the City of Huntington Beach, County of Orange, State of California, reserved to the State of California in that deed (Director's Deed No. DD 011783-01-01) recorded March 20, 1980 in Book 13542, page 672 of Official Records, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Easement lying southwesterly of a line parallel with and distant northeasterly 10.00 feet, measured at right angles, from the northeasterly line of Parcel 2 of land described in the deed to the State of California recorded June 11, 1936, in Book 826, page 379 of said Official Records. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Robert W. Smith Licensed Land Surveyor No. 3158 Date: January 5, 1999 Page 1 of 2 MAIL TAX STATEMENTS TO: Tar:�i=n�t�.3t.-GOV9fnment Agency CITY OF HUNTIINGTON sc 43H , pit? Erockway, C".erk % i' 9 BY: , i ®puty tl t� r� 6iva� � YVA-C-r�. laa� * This document is soinly for this ���� `, official business of thQ Oil' of aq, contern- p�a-��d oec. 61,33 and Shouid be recorded free of chjarege, k. Number Subject to special assessments if any, restrictions, reservations, and easements of record. � This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets.and Highways Code, WITNESS my hand and the seal of the_•_Department of Transportation of the State of California, this 1� day ofT,�iG���c-f__ 19 STATE OF CALIFORNIA County of SS On this the % day of 9 before me, ZD ! / Name, STATE.OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Jose Medina Director of Transportation Y� ,49 Aff6mey in Fa PERSONAL ACKNOWLEDGMENT Offider-E.G., "Jane personally appeared Name of Signer 0 personalty known to me /W'proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within instrument and acknowledged to me that h pexecuted the same in her authorized capacity, and that by h' r ignature on -the instrument the person, or the entity upo bof which the person acted, ut the instrument. WITNESS my hand and official seal. (Nola Public's sl ature in and for said C)"y and State) Wary seal a THIS IS TO CERTIFY That the California Transportation Commission has authorized the Director of Transportation to execute the forgoing deed under provisions of CTC RESOLUTION #G-95-07, approved on June 7, 1995, amending RESOLUTION #G-02 PERTAINING TO SALE OF EXCESS PROPERTY. Dated thisll1' day of 19 Form RW 6-1(S&T) (New 4/96) USE FOR SALES DELEGATED TO DISTRICT - age--'2 -n-F 2 - --- h r; FOr,i` By:, �y City J �/ 5A a 4 MAKAR � ME I � J . S i �C71 j z [-LA 7' A QoorANY)o 5�AllC Wlv t� BY: 47 2-98 { 1 RECORD,..0 REQUESTED BY STATE OF CALIFORNIA WHEN RECORDED MAIL TO Department of Transportation District 23. Right of Way 2501 Pullman Street, Building "C' Santa Ana, CA 92705 Attention: Larry Staley 14:43 X4TRANS DIST 07 R/w-i 714 724 2622;# 2/ 3 Recorde0 in the County of orange. California Gary L. Granville, Clerk/Recorder ►111flillIBIJIM01111 No Fee 19970324873 2:07pm 07/09/97 005%12024552 12 33 P14 2 7.00 3.09 1.00 0.00 0.00 0.00 �'f;NF 0RME"D :,OPY :'jot i-, mr)area with Uriginal POWER OF ATTORNEY -- Department of Transportation No. 500 (Including Revocation of Prior Powers of Attorney) 1, JAMES W. VAN LOBEN SELS, as Director of Transportation of the State of California, by virtue of the authority vested in me by law, do hereby appoint any one of the following named persons: J. M. McManus and/or Brice D. Paris and/or Lawrence J. Staley and/or Linda Wilford and/or Allan Goldstein and/or Teresa Cota- Arias and/or Ron Costello and/or Greg Morton and/or Richard Standley and/or Larry Stevens of District 23 of the Department of 'i'ransportation as my attorney in fact with full'power to execute requests for full reconveyanee of deeds of tryst; to consent to deeds, grants or other instruments therein, to the State of California for transportation purposes, and to certify to the acceptance by the State of California of such-eeds. grants or other conveyances as required by Section 27281 of the Governmew Code. Brice D. Paris arid/or Lawrence 1. Staley and/or Linda Wilford and/or Teresa Cota-Arias and/or Carol Devorkin and/or Theo Walker and/or Mary Scott and/or Terry Moore and/or Deborah Meyers and/or Brenda Morrison of District 23 of the Department of Transportation as my attorney in fact with full power to execute Agreements between Calu2ns and Buyer when surplus residential properties arc disposed of by the Department of Transportation pursuant to Section 54235 to and including 54238.6 of the Government Code. and to execute conveyances of State-owned property by instruments designated Director's Deed, rcqurats for full reconveyancc and requests for partial reconveyance of deeds of trust. requests for subordination, and any other documents necessary and proper to complete a conveyance of property on behalf of the California Transportation Commission pursuant to the provisions of the Streets and Highway Code or other statute. PROVIDED, FURTHER, that my name may be subscribed to such instruments by statttp, typewriting or other mechanical means and need not be written manually by my said attorney in tact. The following Powers of Attorney executed by 1AMES W. VAN LOBEK SELS as Director of Transportation of the State of California are hereby revoked: No. 482 dated July 20. 1995 and naming Kenneth D. Steele and/or Joe W. Boyd and/or 1:trnes Ci. Fisher and/or Greg Motion and/or Theo Walker wid/or lames A. Dusini and/or David Paticr and/or Carol S. Devorkin and/or Larry J. Staley attorneys in fact: No. 498 dated February 7, 1997 and naming Stanley Usiewicz and/or Linda L. Wilford and/or Richard D. Standley and/or Patricia L. Smith and/or'Cerrence K. Moore as attorneys in fact. No. 499 dated May 23. 1997 and naming J. M. McManus and/or Brice D. Paris and/or Allen Goldstein and/or Teresa Coca -Arias and/or Lawrence J. Staley as attorneys in fact. — �c WITNESS my signature this ` � nay of 1997. STATE OF CALIFORNIA Department of Transpotiauon I.kr 1f,5 W. VAN LOBEi' ,i-LS `r Dir6Ztor Department of Transportation Fr^s Rec^--inq Raquastbd Essential to Acquistion by Department of Transpo"U*n .(See 6103 Gov. COde)