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Home My WebLink AboutPer 2/1/16 Continued 30 Days for Review and Report Back, on I6 c Dept ID PW 16-012 Page 7 of 2 Meeting Date 3!7/2016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 3/7/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Travis K Hopkins, PE, Director of Public Works SUBJECT: Authorize the Director of Public Works to request a 24-month delay from the Orange County Transportation Authority (OCTA)of the deadline to award a construction contract for the Atlanta Avenue Widening Project Statement of Issue In order to satisfy the Orange County Transportation Authority's (OCTA) timely use requirements for Measure M2 grant funding, the City must award a construction contract for the Atlanta Avenue Widening Project by June 30, 2016, or request up to a 24-month delay through OCTA's Semi- Annual Review process The City has not yet acquired the right-of-way required to proceed with the project Staff is seeking the authority to request a 24-month delay from OCTA to avoid the potential loss of previously approved Measure M2 grant funding for the projects construction phase Financial Impact Seventy-five percent of eligible construction costs would be reimbursed to the City through Arterial Capacity Enhancement (ACE) grant funds, up to a maximum of$1,200,000 The City must award a construction contract by June 30, 2016, or request a delay from OCTA in order to avoid the loss of these grant funds Recommended Action Authorize the Director of Public Works to request a 24-month delay from the Orange County Transportation Authority of the June 30, 2016, deadline to award a construction contract for the Atlanta Avenue Widening Project Alternative Action(s) Do not authorize the Director of Public Works to request a project delay This alternative action will likely result in the loss of$1 2M in previously approved Measure M2 grant funding for the project's construction phase Analysis On October 24, 2014, the City submitted a grant application to OCTA through the Comprehensive Transportation Funding Programs (CTFP) for $1 2M in Arterial Capacity Enhancement (ACE) grant funding for the construction of the Atlanta Avenue Widening Project Grant applications from various public agencies were reviewed on a competitive basis, and points were awarded to projects based on OCTA's pre-defined scoring criteria On May 20, 2015, OCTA issued Letter Agreement No 8 informing the City that$1 2M in ACE grant funding had been programmed in fiscal year 2015- 16. HB -71- Item 6. - 1 Dept ID PW 16-012 Page 2 of 2 Meeting Date 3/7/2016 Accordingly, per the timely use requirements for Measure M2 grant funding, the City must award a construction contract by June 30 of the fiscal year in which the grant funds were programmed in order to remain eligible for reimbursement The City has not yet acquired the right-of-way required to proceed with the project Staff is seeking the authority to request a 24-month delay from OCTA to avoid the potential loss of previously approved Measure M2 grant funding for the project's construction phase According to OCTA staff, a one-time delay of up to 24-months may be requested during the semi-annual review using the following procedure 1 Notify OCTA of delay requests by March 11, 2016, through OCfundtracker 2 Submit a letter requesting the delay extension timeframe (12 or 24 months) and justification for the delay request by no less than 90 days prior to the obligation deadline 3. In addition, delay requests will require City Council approval and formal City Council action must be submitted to OCTA by March 31, 2016 Public Works Commission Action Not required for this action Environmental Status Not required for this action Strategic Plan Goal Enhance and maintain infrastructure Attachments) 1 OCTA Letter Agreement No 8 Item 6. - 2 xB -72- May 20, 2015 y.CMr Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main Street AFFILIATED AGENCIES Huntington Beach, CA 92648 Orange County Transit District Subject: Agreement No. C-1-2765, City of Huntington Beach, "M2 CTFP Local, Transportation Master Funding Agreement" — Letter Agreement No. 8 Authority Service Authonty for Dear Mr Hopkins Freeway Emergencies Consolidated Transportation This Letter Agreement serves as the Orange County Transportation Authority's Service Agency (OCTA) approval to amend Agreement No C-1-2765, Attachment A-7 "Projects List". Congestion Management OCTA is deleting Attachment A-7, in its entirety, as identified in Article 4 Agency "Responsibilities of Agency", paragraph A, and in lieu thereof is inserting the revised Service Authority for "Project List", attached hereto as Attachment A-8, which is incorporated and made a Abandoned Vehicles part of the Agreement All provisions set forth in Master Funding Agreement No C-1-2765 shall apply If you have any questions, please feel free to contact Roger Lopez at(714) 560-5438 Please execute this Letter Agreement and return the signed original to the attention of Donald Herrera, Contract Administrator Contracts Administration and Materials Management Department 600 South Main Street, 4th Floor Orange, CA 92863-1584 Phone (714) 560-5644, Email. dherreraC?a.octa net Upon full execution of the Letter Agreement, the effective date will be July 1, 2015. Accepted and Agr R Kia Mortazavi Travis Hopkins Executive Direc lanning Director of Public Works C?range� ounty Transportation Authority City of Huntington Beach rgini badessa Direc , Contracts Administration and Materials Management Oran County Transportation Authority Date Orange County Transportation Authority j 550 South Main Street/P O Box 14184/Orange/California 92863-1584/(714)560-OCTA(6282) xB -73- Item 6. - 3 AGREEMENT NO. C-1-2765 ATTACHMENT A-8 LETTER AGREEMENT NO. 8 M2 CTFP MASTER FUNDING AGREEMENT City of Huntington Beach - Project List e er CTFP Programmed Agreement Project Description Amount Fiscal Year Board Date No. Project O "Regional Capacity Program" Beach Boulevard (State Route 39) and Warner Avenue Widening (Engineering) $105,225 00 2011-12 6/27/2011 Brookhurst Street/Adams Avenue Widening (Engineering) $274,507 88 2012-13 6/27/2011 Beach Boulevard (State Route 39)4th Northbound Thru Lane(Engineering) $130,575 00 2012-13 4/23/2012 2 Beach Boulevard (State Route 39)4th Northbound Thru Lane (Construction) $136,331 00 2013-14 4/23/2012 2 Atlanta Avenue Widening $1,200,000 001 2015-16 4/13/2015 8 Cumulative Program Total $1,846,638 88 Project X"Environmental Clean Up" McFadden/Edwards and Heil/Algonquin Catch Basin Project $33,000 00 2011-12 8/8/2011 1 First Street Supervisory Control and Data Acquisition Project $63,000 00 2012-13 8/13/2012 3 Northwest Catch Basin Retrofit Project- Phase 1 $199,588 00 2013-14 9/23/2013 4 Adams Ave and Bushard St Bioswale Project $635,955 00 2014-15 4/14/2014 6 Huntington Beach Catch Basin Retrofit Project $193,827 00 2014-15 9/22/2014 7 Cumulative Program Total $1,125,370 00 Project P "Regional Traffic Signal Synchronization Program" Cumulative Program Total 1 $0 00 Total (All Projects) $2,972,008.88 Page 1 of 1 Item 6. - 4 xB -74- Dept ID City Manager's Office Page 1 of 5 Meeting Date 2/1/2016 ��b/Nr�� Q�lc�✓GQit�»�»'BBCf' f� ��"y ` EGG /LE 7-10 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 2/1/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Travis Hopkins, Director of Public Works SUBJECT: Consideration of direction regarding Atlanta Avenue Street Widening and whether to A) proceed with Resolution of Necessity (Eminent Domain) for a Permanent Street Easement, or, B) abandon the project and reimburse all federal, state, and transportation funds expended for the project Statement of Issue The City desires to widen Atlanta Avenue from Huntington Street to Delaware Street for traffic flow (vehicles, pedestrians, and bicyclists) as well as traffic safety improvements This improvement project is listed under the Master Plan of Arterial Highways (MPAH) and the City has worked toward the improvements for over ten years On April 20, 2015, the City Council did not approve a required Resolution of Necessity to follow State eminent domain proceedings to acquire 14,950 square feet within the defined Permanent Street Easement in order to establish a fair market value and complete the purchase However, as directed, for the last year the City has attempted to negotiate with the affected property owner regarding a Permanent Street Easement (acquisition) and Temporary Construction Easement necessary to construct the improvements Unfortunately, all efforts to come to a mutual resolution have failed Absent direction and five (5) affirmative votes to approve a Resolution of Necessity, the City must abandon the project, relinquish control of eight (8) leased spaces and mobile home units already purchased, and reimburse all funds expended to date from various Federal, State, and transportation related funding sources Financial Impact Actual expenditures for project related costs are approximately $1,713,224 from the following funds Fund 206 (Traffic Impact), Fund 213 (Measure M), Fund 219 (Proposition 42), Fund 873 (OCTA Grants), and Fund 965 (Master Plan of Arterial Highways— Federal Grants) If the project is abandoned, reimbursement of the expended funds will likely be required from the General Fund Recommended Action That the City Council provides direction to Staff whether to A) Begin the process of Eminent Domain for a permanent Street Easement for approximately 14,950 square feet at 80 Huntington Street, APN 024-291-16, and related Temporary Construction Easement in order to complete the Atlanta Avenue Street Widening Project, -OR- B) Abandon the Atlanta Avenue Street Widening Project, cease rental of eight (8) City held mobile home spaces, and reimburse all funds as required previously expended for project related costs HB -143- Item 12. - I Dept ID City Manager's Office Page 2 of 5 Meeting Date 2/1/2016 Alternative Action(s) None Analysis The City's General Plan Circulation Element designates Atlanta Avenue as a four-lane primary arterial street with a center median and bike lanes in both directions This designation is consistent with the County Master Plan of Arterial Highways (MPAH) The City is required to have an adopted Circulation Element consistent with the MPAH and to pursue build out of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and grants Providing the ultimate cross section for this section of Atlanta Avenue requires widening Atlanta Avenue and a 14,950 square foot acquisition of property from a single property owner operating the Surf City Beach Cottages mobile home park The section of Atlanta Avenue between Delaware and Huntington Streets requires widening to meet current and future traffic operation needs in the area This segment is a portion of the major thoroughfare for residents that live in the southeast and south of Downtown area of Huntington Beach Widening the street to a four lane divided cross section will address traffic capacity concerns, and more safely and efficiently accommodate bicyclists, pedestrians and bus transit access in the area The improvements will also bring the roadway section into conformance with the City's General Plan and the MPAH This section of Atlanta currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks With the widening, the street will conform and align with the existing, fully improved public roadway to the immediate east and west of the location and significantly improve overall traffic operations, traffic and pedestrian safety, and transit operations between First Street and Florida Street The widening of Atlanta Avenue was identified in Environmental Impact Report 02-01 for the Pacific City Project (commercial, residential, hotel) as a Planned Traffic Improvement for the years 2008 and 2020 That is, the widening was taken into consideration as a traffic mitigation measure for these almost completed developments for the year 2020 analysis At the time of the EIR (2002) there was a predicted 35% increase in traffic for the year 2020 on the Atlanta Avenue segment from Huntington Street to Delaware Street Without the widening, the Level of Service (LOS) will severely degrade at the intersections of Atlanta Avenue/First Street and Atlanta Avenue/Delaware Street by the year 2020 It can be assumed that without the widening the City will receive many complaints from residents to construct the improvements at a future date at which time the City will face greatly increased costs for the project due to the delay In addition, if the City abandons the project at this time, it is uncertain whether grant funding will be made available in the future The recommended design provides the required facilities to meet the needs of all forms of transportation in the area, consistent with "complete streets" requirements, thus minimizing private property acquisition and impacts Eminent Domain and Property Acquisitions Unfortunately, eminent domain is widely misunderstood and many instances of its wrongful application have helped foster a very negative reaction to its use To understand the eminent domain process, there are several important concepts that need to be defined First, eminent domain is defined as, "the right of government to take private property for public use upon the payment of just compensation to the owner" Public use is defined as "a use that confers public benefits, like the provision of public services or the promotion of public health, safety, and welfare and includes a wide variety of projects such as street improvements, construction of water pipelines or storage facilities, construction of civic buildings, etc" Just compensation is the fair market value of the property being acquired by the government The State law definition of fair market value is "the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, Item 12. - 2 HB -144- Dept ID City Manager's Office Page 3 of 5 Meeting Date 2/1/2016 nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available " In a pamphlet required by Senate BIII 698 (enacted January 1, 2008) to explain the Eminent Domain Law of California, it is explained that "the eminent domain process begins with a public use project When selecting a project location, the goal is to render the greatest public good and the least private injury or inconvenience If it is determined that all or a portion of your property may be necessary for a public use project, the [condemning agency] will begin the appraisal process to determine the property's fair market value " It is required that an independent, accredited appraiser be retained to appraise the property in question The appraiser is made known to the property owner and invites the property owner to both accompany the appraiser and provide any information necessary to help determine fair market value The property owner will also receive a copy of the independent appraiser's report Finally, the property owner can also conduct their own appraisal, to be completed by a licensed appraiser, and the property owner will be reimbursed up to $5,000 by the condemning agency If only a portion of a property is to be acquired through condemnation, the condemning agency is to pay for any loss in value to the remaining property that is not offset by the benefits conferred by the project The compensation for the loss in value to the remaining property is referred to as "severance damages " In the case of the Atlanta Avenue Street Widening Project, the fair market value was appraised at approximately $822,250 for the land while the severance damages were calculated at $1,489,064 In the case where the condemning agency and property owner cannot agree on a value, and the agency believes that the public use of the land is beneficial to the greater good of the community, Staff are to request authority from the governing body (in this case, the City Council) This authority is called a Resolution of Necessity and the City Council must determine "whether the public interest and necessity require the project, whether the project is planned or located in a the manner that will be most compatible with the greatest public good and the least public injury, and whether the property is necessary for the project " Prior to holding a public hearing to adopt a Resolution of Necessity, proper notice to the property owner must be provided and the property owner can appear before the City Council during the public hearing In the case of the Atlanta Avenue Widening Project, the property owner was personally delivered the proper notice on February 4, 2015 and all other legally mandated notifications were made in preparation for the public hearing on April 20, 2015 Neither the property owner nor representatives of the property owner elected to be present at the public hearing At the public hearing, the City Council failed to gain the five votes necessary to adopt the Resolution of Necessity to initiate eminent domain proceedings under State law City Staff, however, based on direction from the City Council, continued to negotiate with the property owner to acquire the necessary property required for the public improvements Since May 2015, City Staff and the City Attorney's office have met on many occasions with the property owner and/or his representatives In a final meeting on January 14, 2016 it became clearly evident that no resolution was achievable and that acquisition through non-eminent domain means for the necessary public improvements to widen Atlanta Avenue were not going to be successful Accordingly, at this time the City Council is requested to provide Staff with the necessary direction regarding the Atlanta Avenue Widening Project The two options are to direct Staff to initiate the eminent domain process as outlined by State law in order to determine a just compensation for the property in question or to abandon the project If the project is abandoned, the City is obligated to HB -145- Item 12. - 3 Dept ID City Manager's Office Page 4 of 5 Meeting Date 2/1/2016 repay all actual expenditures Incurred to date from numerous funding sources related to the project The funding sources Include Federal, State, Measure M, and Gas Tax funds which are restricted to transportation projects The potential reimbursement amount, which would be paid by the General Fund, is estimated to be up to $1,713,224 and is currently not budgeted Abandonment of Atlanta Avenue Widening Project If the direction is to abandon the project, the City will Immediately send a 60 day notice of termination to the property owner related to the eight (8) current mobile home spaces that were rented in preparation of the project A prior City Council directed Staff to purchase the units and relocate the residents in part because of the increased rents charged by the mobile home park operator which negatively affected the fixed income, senior residents During 2014 the City was able to successfully purchase the coaches and pay statutorily required relocation costs to the residents to secure the 8 spaces impacted by the proposed project Since that time, the City has been paying approximately $21,000 in monthly rent to retain the spaces and avoid other potential relocation costs if the units were to be re-occupied To date, the City has paid approximately $300,000 in rent The City is also calculating the amount of grant funds already expended on project activities that would have to be repaid to Federal Grants and restricted funds such as Gas Tax or Measure M funds At this time, it is estimated that up to $1,713,224 could be required to be repaid if the project is abandoned Expenses to date include acquisition and relocation costs related to the 8 units, appraisals, and other eligible activities which utilized grant or restricted funds Additionally, the City will forfeit the rest of the unspent grant money in the amount of approximately $1,600,000 Please be advised the City will face an increased risk in pursuing future grants As part of the new Federal Supercircular requirements, granting agencies are required to perform increased review procedures of the risk posed by applicants, per 2 CFR 200 205, "Federal awarding agency review of nsk posed by applicants,"which include the following • History of performance, and, • The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on non-Federal entities Simply said, the abandonment of the project, repayment of expended grant funds and forfeiture of unspent grant funds will negatively affect our performance rating for future grant funding opportunities Another consequence of repayment of expended grant funds with other funds that would be used for road improvements is that the Pavement Management Program outlined in the Capital Improvement Program will be delayed one year, and critical streets (Heil Avenue and Talbert Avenue) and the sidewalk replacement program will be delayed in addition Finally, if the project is abandoned, the need for the widening will always remain That is, Atlanta Avenue from Huntington Street to Delaware Street will continue to be a choke point for vehicular traffic as it reduces down to one lane in each direction and there will continue to be safety concerns for bicycle and pedestrian traffic If the project is undertaken in the future, costs related to property acquisition, mobile home unit acquisition, resident relocation and severance damages will increase due to property value increases in the area and the ongoing rent increases within the mobile home park itself The City may also not be able to secure Federal Grant funding at that time due to Federal budget constraints and reduced grant funding or due to its past performance history These factors would create an even greater strain on the City's General fund budget Item 12. - 4 1413 -l 46- Dept ID City Manager's Office Page 5 of 5 Meeting Date 2/1/2016 Steps to Initiate Eminent Domain - If the City Council directs Staff to Initiate an eminent domain process, the following timeline will be followed (all dates 2016) Feb to Mar Prepare updated appraisals March 30 Send notice of Resolution of Necessity (RON)to property owner (15 day notice required) April 13 City Council adopt RON April 22 City Files complaint with Court May 9 City deposits lust compensation with State August 8 City obtain order of immediate possession (OIP) September 9 City takes possession of land and ceases rental payments It is important to note that even when the City begins the eminent domain process and adopts a Resolution of Necessity, the ability to come to a negotiated resolution with the property owner is still a viable option Absent a negotiated resolution, the property owner is still afforded all legal protections through the court process to gain lust compensation for the property Environmental Status The City Council approved the Re-circulated Negative Declaration No 09-001 for the Project on February 19, 2013 The Planning Commission approved Coastal Development Permit No 09-001 and Conditional Use Permit No 09-019 for the Project on April 23, 2013 Strategic Plan Goal Enhance and maintain infrastructure Attachment(s) 1 RCA and attachments from April 20, 2015 "Adopt Resolution of Necessity for Condemnation of 80 Huntington Street, APN 024-291-16, for Atlanta Avenue Widening Project " 2 Conceptual Rendering of Atlanta Avenue Widening Project HB -147- Item 12. - 5 AT I AA C 'n' MENT # 1 Dept ID CA 15-005 Page 1 of 4 Meeting Date 4/20/2015 i s CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION A MEETING DATE: 4/20/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Michael E Gates, City Attorney Travis Hopkins, Director of Public Works SUBJECT: Adopt Resolution of Necessity for Condemnation of 80 Huntington Street, APN 024-291-16, For Atlanta Avenue Widening Project Statement of Issue The City is pursuing a Permanent Street Easement and Temporary Construction Easement at 80 Huntington Street, otherwise known as Surf City Beach Cottages (formerly Pacific Mobile Home Park), a mobile home community The Permanent Street Easement is for the Atlanta Avenue Widening Project A Resolution of Necessity is the first step in a condemnation proceeding for the portion of the property proposed to be utilized for the Atlanta Avenue Widening Project A public meeting is required to allow the property owner to address the proposed condemnation If the City Council finds that the public interest and necessity require widening Atlanta Avenue between Huntington and Delaware Streets, and that the condemnation of a portion of 80 Huntington Street is necessary for the Widening Project, it is to adopt a Resolution of Necessity authorizing condemnation of the necessary property Authorizing condemnation does not preclude a mutual settlement with the property owner at a later date Financial Impact Should the Resolution of Necessity be adopted, funding in the amount of $2,636,000 is available in business units 96585001 (MPAH Grants - $1,350,000), 21390024 (Measure M - $680,000), 20690002 (Traffic Impact - $300,000) and 31485201 (Infrastructure - $306,000) Recommended Action Adopt Resolution No 2015-18, "A Resolution of the City Council of the City Of Huntington Beach Finding and Determining that the Public Interest and Necessity Require Condemnation of a Permanent Street Easement and a Temporary Construction Easement in Certain Real Property Located at 80 Huntington Street, City of Huntington Beach, Orange County Assessor's Parcel No 024-291-16, for the Atlanta Avenue Widening Project " (This resolution must be adopted by two-thirds (at least 5) of all the members of the City Council ) Alternative Action(s) Do not adopt Resolution of Necessity Item 12. - 6 HB -148- Dept ID CA 15-005 Page 2 of 4 Meeting Date 4/20/2015 Analysis Factual Background The City's General Plan Circulation Element designates Atlanta Avenue as a four-lane primary arterial street with a center median and bike lanes in both directions This designation is consistent with the County Master Plan of Arterial Highways (MPAH) Providing the ultimate cross section for this section of Atlanta Avenue requires widening Atlanta Avenue The City is required to have an adopted Circulation Element consistent with the MPAH and to pursue buildout of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and grants The section of Atlanta Avenue between Delaware and Huntington Streets requires widening to meet current and future traffic operation needs in the area Widening the street to a four lane divided cross section will address traffic capacity concerns, and more safely and efficiently accommodate bicyclists, pedestrians and bus transit access in the area The improvements will also bring the roadway section into conformance with the City's General Plan and the MPAH This section of Atlanta currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks The widening of this last remaining section will result in a total public right-of-way of 89 75 to 105 feet, with four through lanes, including median, bicycle lanes, and curbs, gutters and sidewalks The street will conform and align with the existing, fully improved public roadway to the immediate east and west of the location and significantly improve overall traffic operations, traffic and pedestrian safety, and transit operations between First Street and Florida Street The recommended design provides only the minimum required facilities to meet the needs of all forms of transportation in the area, consistent with "complete streets" requirements, thus minimizing private property acquisition and impacts More specifically, there is an overriding need for the Project based upon these factors ■ Street Capacity — Pacific City as a condition of their development has recently widened Atlanta Avenue between First and Huntington Streets This has resulted in the section of Atlanta between Delaware and Huntington as the lone remaining "choke point" between Beach Boulevard and First Street Completion of the widening will enhance overall traffic operations in the area, minimizing delays and associated impacts ■ Traffic Safety — The "choke point" on Atlanta has resulted in street alignments that require additional motorist decisions Narrowing roadways have a greater potential for merging accidents and motorists inadvertently driving vehicles off of the street The street widening would help to minimize accident potential and provide improved traffic safety ■ Local Transit Services — Current transit activity turning from Huntington Street and stopping on Atlanta is constrained due to the width of the roadway, the tight corner and the presence of cyclists on Atlanta Widening'the roadway to provide two eastbound travel lanes and a bike lane will help to reduce the impacts of the bus stop and improve the ability for the roadway to accommodate bus turns The sidewalk improvements that would be included in the street widening would provide Americans with Disability Act ("ADA") compliant areas for pedestrians along the south side of Atlanta and accommodate ADA requirements for transit stops which are not met with the current interim treatment • Bicycle Safety — As noted above, widening of the roadway will provide additional maneuvering area for vehicles, including buses and give bicyclists greater opportunity to avoid conflicts with motorists HB -149- Item 12. - 7 Dept ID CA 15-005 Page 3 of 4 Meeting Date 4/20/2015 An appraisal was obtained to determine just compensation for the acquisition of the permanent street easement and temporary construction easement that will be required for the Atlanta Avenue Widening Project The appraisal determined the fair market value of the property being acquired at Its "highest and best use" and whether the acquisition resulted in any "severance damages" to the remaining portions of the property Based upon the appraisal, a formal Offer of Purchase in compliance with Government Code Section 7267 2 was extended to the owners, or their representatives, on February 4, 2015, as previously authorized by the City Council The offer was in the amount of the appraisal of$2,636,000 Necessity for Recommended Action The City Council is authorized under Government Code Sections 37350 5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City To keep the Project on schedule and to take advantage of available grant funding for the Project, certain steps need to be undertaken to obtain timely possession of the necessary right-of-way These steps include passage of the proposed Resolution of Necessity, the filing of a condemnation complaint in Superior Court, the deposit of the amounts that has been offered with the State Treasurer's Office, and the obtaining of an order of immediate possession from the Court While proceeding with these steps to obtain timely possession of the necessary right-of-way, City Staff will continue with their efforts to acquire the right-of-way by mutual agreement Should these efforts prove unsuccessful, the issue of just compensation ultimately will be determined by a judge and/or jury, but the City and property owner may come to mutual agreement all the way up to a judicial/jury determination The City Council may adopt the Resolution of Necessity authorizing condemnation if it determines that A The public's interest and necessity require the Atlanta Avenue Widening Project, B The Project is planned in a manner that will be most compatible with the most public good and the least private injury, C The property described in the Resolution at Exhibits 1 and 2 is necessary for the Atlanta Avenue Widening Project, D The City made an offer to purchase the property to the owners in compliance with Government Code Section 7267 2(a) Before adopting the Resolution, the Council must hear from the owners of-the property The owners of the affected property have received written notice regarding the preparation of the Resolution of Necessity These parties must have filed a written request to be heard by April 14, 2015, in order to speak at the April 20, 2015 City Council meeting The owners may speak only to the four questions that Council must determine The meeting is not the time to discuss compensation Environmental Status The City Council approved the Recirculated Negative Declaration No 09-001 for the Project on February 19, 2013 The Planning Commission approved Coastal Development Permit No 09-001 and Conditional Use Permit No 09-019 for the Project on April 23, 2013 Strategic Plan Goal Enhance and maintain infrastructure, Enhance and maintain public safety Item 12. - 8 HB -1 5 0- Dept ID CA 15-005 Page 4 of 4 Meeting Date 4/20/2015 Attachment(s) 1 Resolution No 2015-18, "A Resolution Of The City Council Of The City Of Huntington Beach Finding And Determining That The Public Interest And Necessity Require Condemnation Of A Permanent Street Easement And A Temporary Construction Easement In Certain Real Property Located At 80 Huntington Street, City Of Huntington Beach, Orange County Assessor's Parcel No 024-291-16, For The Atlanta Avenue Widening Project," with Exhibits 1-4 2 Conceptual Rendering of Atlanta Avenue Widening Project xB -1 s 1- Item 12. - 9 RESOLUTION NO 2015-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE CONDEMNATION OF A PERMANENT STREET EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT IN CERTAIN REAL PROPERTY LOCATED AT 80 HUNTINGTON STREET, CITY OF HUNTINGTON BEACH, ORANGE COUNTY ASSESSOR'S PARCEL NO 024-291-16, FOR THE ATLANTA AVENUE WIDENING PROJECT WHEREAS, the project for purposes of this real property acquisition consists of widening and improving Atlanta Avenue between Huntington and Delaware Streets in the City of Huntington Beach(the "Project"), and The Circulation Element of the General Plan of the City of Huntington Beach ("City'') designates Atlanta Avenue as a four-lane primary arterial street with a center median and bike lanes in both directions Pursuant to Resolution No 2005-5,the City Council found that the arterial highway portion of the City's Circulation Element conforms with the Master Plan of Arterial Highways of the County of Orange ("MPAH"), which also designates Atlanta Avenue as a primary arterial street The City is required to have an adopted Circulation Element consistent with the MPAH and to pursue build-out of the street system to maintain acceptable traffic operation and regional mobility to receive Measure M funds and giants for the improvement of City arterial streets; and The segment of Atlanta Avenue between Huntington Street and Delaware Street does not currently comply with its primary arterial designation in the City's Circulation Element and the MPAH This segment of Atlanta Avenue requires widening to meet current and future traffic operation needs in the area Widening the street to a four-lane divided street will address traffic capacity deficiencies, and more safely and efficiently accommodate bicyclists, pedestrians and transit access in the area This segment currently has a single lane of travel in each direction, no bicycle lanes, and a portion of the south side of the roadway near Delaware with no curbs, gutters, or sidewalks The widening of this last remaining section will result in a total public right-of-way of 89 75 to 105 feet, with four tluough lanes, including median, bicycle lanes, and curbs, gutters and sidewalks The street will conform and align with the existing, fully improved public roadway to the immediate east and west of the segment and significantly improve overall traffic operations, traffic and pedestrian safety, and transit 1 1 1 Q'2AO dOC Item 12. - 10 HB -152- Resolution No. 2015-18 operations between First Street and Florida Street The recommended design provides only the minimum required facilities to meet the needs of all forms of transportation in the area, thus minimizing private property acquisition and impacts, and Pursuant to Resolution No 2005-6, the City Council authorized City Staff to apply to the Orange County Transportation Authority ("OCTA") for funding for various arterial street improvements, including the Project Subsequently in June 2005, OCTA allocated transportation grant funding to the City for the Project, and The City also has been awarded and is applying for additional grants; and The State of Calrforma Department of Transportation ("CalTrans") administers Federal grant funding for right-of-way acquisitions CalTrans will not authorize the City to advertise for or award construction contracts for federally financed projects until the City certifies that it has possession of the Property; and The approvals granted for the Project, including but not limited to the Recirculated Negative Declaration No. 09-001, which the City Council approved on February 19, 2013, the Coastal Development Permit No 09-001 and Conditional Use Permit No. 09-019, both of which the City Planning Commission approved on April 23, 2013, and all other Project amendments are incorporated by this reference and made a part of this Resolution, and The Project will serve the public interest by improving public safety and decreasing traffic congestion Recently, Pacific City (located west of the Park) as a condition of its development widened Atlanta Avenue between First and Huntington Streets This has resulted in the section of Atlanta between Delaware and Huntington as the lone remaining"choke point" on Atlanta between Beach Boulevard and First Street, and The"choke point" in the section of Atlanta between Delaware and Huntington has resulted in street alignments that require additional motorist decisions Narrowing roadways have a greater potential for merging accidents and motorists inadvertently driving vehicles off of the street The Project will help to mmrmize accident potential and provide improved traffic safety, and The Project also will accommodate local transit services Current transit activity turning from Huntington Street and stopping on Atlanta Avenue is constrained due to the width of the roadway,the tight corner and the presence of cyclists on Atlanta Widening the roadway to provide two eastbound travel lanes and a bike lane will help to reduce the impacts of the bus 2 118349 doc HB -153- Item 12. - 11 Resolution No. 2015-18 stop and improve the ability for the roadway to accommodate bus turns The sidewalk improvements that would be included in the Project will provide Ameiicans with Disability Act ("ADA") compliant areas for pedestrians along the south side of Atlanta and accommodate ADA requirements for transit stops which are not met with the current interim treatment, and The Project also will improve bicycle safety Widening the roadway will provide additional maneuvering area for vehicles, including buses and give bicyclists greater opportunity to avoid conflicts with motorists, and By constructing the ultimate width necessary for an additional through lane and bike lane in each direction of travel, the Project will, among other things, eliminate the existing "choke point" at the intersection of Atlanta Avenue and Huntington Street, provide additional traffic capacity, and bring this last remaining segment of Atlanta Avenue into conformance with both the City's Circulation Element and the MPAH; and In order to construct the Project, the City must acquire a portion of the mobile home park located at 80 Huntington Street in the City of Huntington Beach and identified as Orange County Assessor's Parcel No 024-291-16 (the"Park") The Park is adjacent to the south side of Atlanta Avenue between Huntington and Delaware Streets, immediately abutting the Project. This partial land acquisition will require reconstruction of a portion of the Park's internal circulation road and directly impact eight mobile homes (Space Nos 101, 102, 201, 301, 302, 401, 501, and 502) located at the northern end of the Park along its Atlanta Avenue frontage, and The real property interests requiied,for the Project include a Permanent Street Easement, legally described and depicted in the attached Exhibit 1, and a Temporary Constiuction Easement ("TCE") legally described and depicted in the attached Exhibit 2 Both the Permanent Street Easement and the TCE will be collectively referred to as the"Property," and The Permanent Street Easement encompasses approximately 14,950 square feet and will run the entire length of the Paik along Atlanta Avenue; and The TCE area encompasses 31,501 square feet and lies south of the Permanent Street Easement The term of the TCE begins when the City takes legal possession of the TCE and ends after two (2) years or when the City files a Notice of Completion of the Project, whichever occurs first Notwithstanding the two year maximum period of the TCE, the City's actual 3 -' doc Item 12. - 12 HB -154- Resolution No 2015-18 physical use and occupancy of the TCE shall be limited to a period of one (1) yeai During the one year period of the City's physical use and occupancy of the TCE, the City shall maintain or provide to the entirety of the Paik reasonable vehicular and pedestrian access comparable to the Paik's existing or pre-construction condition However, certain construction activities including, but not limited to asphalt paving, and curb and gutter construction may temporarily suspend the City-provided access to the mobile homes located on Space Nos 103, 202, 402 and 403 of the Park All construction activities that may temporarily prevent pedestrian or vehicular access to the mobile homes located on Space Nos 103, 202, 402 and 403 shall be limited to the hours of 8 00 a in. to 5 00 p in , local time, and such access shall be limited for no more than ten (10) working days Except during the City's one year period of physical use and occupancy of the TCE, the City shall not interfere in any way with access throughout the TCE area; and Aerial depictions of the Permanent Street Easement and the TCE are attached at Exhibits 3 and 4, respectively Exhibits 3 and 4 are provided for illustrative purposes only The legal descriptions and plat maps at Exhibits 1 and 2 shall be controlling for all purposes; and The City Council is authorized under Government Code Sections 37350.5 and 40404 to utilize the power of eminent domain to acquire seal property for the purpose of installing, constructing and widening public streets, and for related public purposes which are a governmental function of the City; and The Property to be acquired may be subject to easements and rights of way appropriated to existing public use(s) The legal descriptions of those easements and rights of way ate on file with the City and describe the general location and extent of the easements and rights of way with sufficient detail for reasonable identification The herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future The City is authorized to acquire the Property subject to such existing public use(s) pursuant to section 1240 510 of the California Code of Civil Procedure, and Pursuant to Government Code Section 7267.2, on February 4, 2015, the City presented to the owner(s) of record of the Property a written offer to purchase the Property for the Project, and 4 118349 doc HB -155- Item 12. - 13 Resolution No 2015-18 In accordance with Section 1245 235 of the California Code of Civil Procedure, on March 30, 2015,the City Clerk mailed to the address of all persons whose names appeal on the last equalized county assessment roll as having an interest in the Property a letter, entitled "Notice of Intent of the City Council to Adopt a Resolution of Necessity for Acquisition by Eminent Domain of Portions of Propeity located at 80 Huntington Street, Huntington Beach, California, Assessor's Parcel No 024-291-16" ("Notice of Intent') The Notice of Intent notified the owners of the Property that on Apii120, 2015, at 6 00 p m at 2000 Main Street, Huntington Beach, California, the City Council would consider whether to adopt a Resolution of Necessity authorizing condemnation of the Property, and that each owner would be given a reasonable opportunity to appear and be heard by the City Council on the mattes s referred to at Sections 1240 030 and 1245 230 of the California Code of Civil Procedure; and On April 20, 2015, the City Council considered the matters specified in California Code of Civil Procedure Sections 1240 030 and 1245 230, including the following; (a) whether the public interest and necessity require the Project; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, (c) whethei the Property is necessary for the Project, and (d) whethei the City made an offer to the owner(s) of record of the Property to purchase the Pi operty(unless the owner could not be located with reasonable diligence), as required by Government Code Section 7267 2, and The City may adopt a Resolution of Necessity pursuant to Section 1240 040 of the California Code of Civil Procedure NOW, THEREFORE, by a vote of two-thirds or more of its Council Members, the City of Huntington Beach does hereby find, determine, resolve and order as follows Section 1 Incorporation of Findings and Recitals The above findings and recitals ar e true and correct and are incorporated in full by this reference Section 2 Compliance with California Code of Civil Procedure The City has complied with Section 1245 235 of the California Code of Civil Procedure regarding notice and opportunity to be heard Section 3 Public Use The Property is to be acquired for the public use of construction of the Project, a public street unpiovernent, as more fully described above. 5 Item 12. - 14 d°c HB -156- Resolution No 2015-18 Section 4 Authority to Condemn The City Council is authorized under Government Code Sections 37350 5 and 40404 to utilize the power of eminent domain to acquire real property for the purpose of installing, constructing and widening public sheets, and for related public purposes which are a governmental function of the City Section 5 Necessi The City Council finds that- (a) The public interest and necessity require the Project to improve public safety, decrease traffic congestion, and help complete the networks of arterial streets throughout the City of Huntington Beach and the County of Orange. (b) The Project is plaiuied and located in the manner that will be most compatible with the greatest public good and the least private injury (c) The Property described in this Resolution and Exhibits 1 and 2 is necessary for the Project Section 6 Description of Property Interests. The property mteiests to be acquired are more particularly described and depicted in Exhibits 1 and 2 Section 7. California Environmental Quality Act and City Planning and Zoning Code The City Council finds as follows (a) On February 19, 2013 the City Council adopted Recirculated Mitigated Negative Declaration No 09-001 which was prepared in compliance with Article 6 of the California Environmental Quality Act ("CEQA") Guidelines The City Council found there is no substantial evidence that the Project, as mitigated through the mitigation measures, would have a significant effect on the environment (b) On April 23, 2013 the City Planning Commission approved Coastal Development Peimit No 2009-001 The Planning Conunission found the Project would bring the segment of Atlanta Avenue between Huntington Sheet and Delawaie Street into compliance with the primary arterial designation specified in the City's General Plan Circulation Element, the City's certified Local Coastal Piogiam, and the MPAH The Planning Commission also found the Project consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance The Planning Commission found the Project conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act and will not impact 6 118349 doc HB -15 7- Item 12. - 15 Resolution No 2015-18 existing public access of recreation opportunities in the coastal zone (c) On Apii123, 2013 the Planning Conunission approved Conditional Use Permit No 09-019 ("CUP") to permit as part of the Project construction of an eight-foot tall block wall in lieu of the maximum allowable 42-inches within the 10-foot front yard setback along the Atlanta Avenue frontage of the Paik The Planning Commission found the wall would improve public safety and ensure continued privacy of the Park The Planning Commission found that granting the CUP would not adversely affect the General Plan and would comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Oidinance Additionally, the Planning Conunission found the CUP would fin ther the circulation, coastal, and urban design elements of the General Plan Section 8 Appraisal The Property was appraised in conformance with Sections 7267 1 and 7267 2 of the California Government Code The City established just compensation for the Property based on the appraisal The City then presented an offer to purchase the Property to the owner(s) of record of the Property, along with a written summary statement showing the appraised value of the Pi operty in the amount of the offer Section 9 Findings The City Council hereby finds, determines and declares each of the following- (a) The public interest and necessity require the Project; (b) The Project is planned or located in the maimer that will be most compatible with the greatest public good and least private injury, (c) The Property sought for acquisition, as described and depicted in Exhibits 1 and 2, is necessary for the Project, (d) The City has made an offer to purchase the Property to the owners of record of the Property, as required by Section 7267 2 of the California Govern vent Code, and (e) The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the Property described at Exhibits 1 and 2 7 doc Item 12. - 1C HB -158- Resolution No.2015-18 Section 10 Further Activities The City Attorney is authorized and empowered to acquire the Property in the name of and on behalf of the City by eminent domain, and is authorized to institute and prosecute such legal proceedings as may be required The City Attorney is further authorized to take such steps as may be authorized and required by law, and to make security deposits as may be required by order of court, to permit the City to take possession of and use of the Property at the earliest possible time Section 11 Deposit The City Treasurer is hereby authorized and directed to draw its warrant account in the amount of Two Million Six Hundied Thiity-Six Thousand Dollars ($2,636,000 00), the warrant to be made payable to the State Treasurer, and delivered to the City Attorney, to be deposited with the payee as security for the Order for Prejudgment Possession Before Judgment PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2015 Mayor REVIEWED AND APPROVED ?APPROVED?ASFORM: ZO///So' S— City Manager M�v_ ��;�PROVED Director of Public Works 8 118349 doc HB -159- Item 12. - 17 LEGAL DESCRIPTION OF PERMANENT STREET EASEMENT (8 pages) EXHIBIT 1 Item 12. - 18 xs -160- PERMANENT STREET EASEMENT The property burdened by this Permanent S&eet Easement is a portion of the property commonly known as Pacific Mobile Home Park (the "Park") which is located at 80 Huntington Street, Huntington Beach, State of California The Park is legally described on the attached Exhibit "A" and depicted on the plat map attached as Exhibit "B " The Permanent Street Easement is that portion of the Park legally described in the attached Exhibit "C" and depicted on the plat map attached as Exhibit"D " 118605 docx HB -161- Item 12. - 19 i Exhibit A SHEET 1 OF 3 THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (1) 80 HUNTINGTON I, LLC, AND (11) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 12013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN THIS GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID SECTION 14, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 660.02 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 14, A DISTANCE OF 1319 95 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF (1/2), THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH HALF (1/2), 660 02 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF (1/2), THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF (1/2), 1319.95 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 27 APRIL, 1989 AS INSTRUMENT NUMBER 89-221830 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS r BEGINNING AT THE INTERSECTION OF THE SOUTH LINE, OF SAID NORTH HALF (1/2) WITH THE CENTERLINE OF HUNTINGTON STREET, (60.00 FEET WIDE), AS SHOWN ON RECORD OF SURVEY NUMBER 81-1151 FILED IN RECORD OF SURVEY BOOK 103, PAGES 28 AND 29, IN RECORDS OF SAID COUNTY, Legal Description PACIFIC MOBILE HOME PARK APN 024-291 - 16 ��• �i CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLJC WORKS Item 12. - 20 H13 -162- Exhibit A ( CONTINUED ) SHEET 2 OF 3 THENCE NORTH 00'42'59" WEST, 167.07 FEET ALONG SAID CENTERLINE, THENCE THE FOLLOWING COURSES: SOUTH 59'21'49" EAST, 7243 FEET TO THE BEGINNING OF AN 800 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY, EASTERLY 838 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY, EASTERLY 8 38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", SOUTH 59'21'49" EAST, 35.77 FEET TO THE BEGINNING OF 2452 00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 4 51 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'06'19" TO THE BEGINNING OF AN 8 00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 840 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY, SOUTHEASTERLY 836 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 63 14 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'48" TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHERLY, EASTERLY 836 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 800 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY, EASTERLY 840 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 2452 00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 6460 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'30'34" TO THE BEGINNING OF AN 800 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 —16 iii CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -163- Item 12. - 21 Exhibit A ( CONTINUED ) SHEET 3 OF 3, SOUTHEASTERLY 8 40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY, SOUTHEASTERLY 8 36 FEET ALONG SAID CURVE THROUGH- A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444 00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 1733 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'24'22" TO THE SOUTH LINE OF SAID NORTH HALF (1/2), SOUTH 89'43'07" WEST, 26318 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 847,526 SQUARE FEET (19 46 ACRES), MORE OR LESS SUBJECT TO ALL EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. ASSESSORS PARCEL NUMBER 024-291-16 SAND 5 Goft G D(P 12-31-15 7t Yt `PP 7340 JOSEPH G DERLETH 9TF LS CAL�F�� P.L.S 7340, EXPIRES 12/31/15 Legal Description PACIFIC MOBILE HOME PARK APN 024-291 - 16 �� iff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 12. - 22 HB -164- NE COR, W 1/2, NW 1/4, NE Exhibit B 1/4, FRAC SEC 14, T 6S, R.11 W., S B M , POINT OF BEGINNING SHEET 1 OF 1 N'LY LINE, FRAC SEC 14, T.6S , R.11 W., SBM q-ATLANTA AVE I <N89'43'00" 660.02'> (660 02')30' �S'LY LINE OF ATLANTA ! 0' NE COR OF AVENUE (60' WIDE) PER FRAC SEC 14, 103/313 DEEDS IU)I T.6S., R 11 W , I I rn S B M I IM 20.00' --a 30' W'LY LINE _ I TRACT 9580, �-- = 60,00 In 444/29-31 M.M ... .. R .. v,..- LO _ . _ . . ta-T o - j W I NI ( ; M ~ EAST LINE OF HUNTINGTON M I � � W I Q N z STREET (60' WIDE), PER CITY Q ,w Q Q � O v RESOLUTION 1125, RECORDED I°' ` I'- n !^� IN 2045/53 O.R jM - M M w o GROSS AREA 19 46 ACRES 126cv): p `� `�z z �'f NET AREA 18.22 ACRES w �— '14� � _ i; NOTE NET AREA EQUALS I re > z GROSS AREA LESS EXISTING 1 g = O z ~ - I DEDICATED ROADWAY RIGHT OF ! U w o WAYS. \ z I _ . . . . � ':' k=r 1 inch 200 ft I m �30 60,00' I G N1) G i Lv o s J LiJ _r.. ._-' EXP 12-31-15 * tt S'LY LINE, N 1/2, NE 1/4, FRAC SEC 14, T 6S , R 11 W ( y LS 7340 PER TRACT 13045, BOOK 628 TF OF Cp1\F�� AGES 46 AND 47 OF M M 20.00' I- 396.83' LEGEND <N89'42'47" 660 02'> (660.02') < > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R S.B ( ) = RECORD PER INSTR NO, 2013000368964 O.R. P LAT PACIFIC MOBILE HOME PARK APN 024-291 - 16 Fe � a CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS xB -165- Item 12. - 23 Exhibit C SHEET 1 OF 2 THAT PORTION OF THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (n) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (m) SIZABLE PROPERTIES, LLC, TO (1) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED AS BEING A PORTION OF THE EAST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER, OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14, THENCE EASTERLY ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 14, NORTH 89'43'00" EAST, 660.02 FEET TO THE NORTHERLY TERMINUS OF A LINE ; PARALLEL TO AND 66000 FEET EASTERLY OF THE EASTERLY LINE OF THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1 /4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE SOUTHERLY, ALONG SAID PARALLEL LINE, SOUTH 00'43'19" EAST, 30 00 FEET, TO A POINT ON THE SOUTH LINE OF ATLANTA AVENUE (60.00 FEET WIDE) AS DEDICATED TO THE COUNTY OF ORANGE, IN THE DOCUMENT RECORDED 5 MAY, 1904, IN BOOK 103, PAGE 313 OF DEEDS, IN RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY CONTINUING ALONG SAID PARALLEL LINE SOUTH 00'43'19" EAST, 20 05 FEET, THENCE SOUTH 89'06'11" WEST, 461 93 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL WITH AND 55 00' SOUTHERLY OF THE NORTH LINE OF SAID SECTION 14 THENCE WESTERLY ALONG LAST SAID PARALLEL LINE SOUTH 89'43'00" WEST, 142 87 FEET, Legal Description CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024-291 - 16 �J� iff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 12. - 24 HB -166- Exhibit C (CONTINUED ) SHEET 2 OF 2 THENCE SOUTHWESTERLY LEAVING LAST SAID PARALLEL LINE SOUTH 42'18'42" W EST, 36.94 FEET TO A POINT ALONG THE EAST LINE OF HUNTINGTON STREET 0 FEET WIDE) AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950 IN BOOK 2045, PAGE 53 OF OFFICIAL RECORDS, SAID EAST LINE BEING PARALLEL TO AND 30.00 FEET EASTERLY OF THE EAST LINE OF, THE WEST HALF (1 /2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14, THENCE NORTHERLY ALONG SAID EAST LINE OF HUNTINGTON STREET, NORTH 00'43'19" WEST, 52.19 FEET, TO THE SOUTH LINE OF ATLANTA AVENUE (60 FEET WIDE), AS DEDICATED TO THE COUNTY OF ORANGE, IN THE DOCUMENT RECORDED 5 MAY, 1904, IN BOOK 103, PAGE 313 OF DEEDS, IN RECORDS OF SAID COUNTY; THENCE EASTERLY ALONG SAID SOUTH LINE NORTH 89'43'00" EAST, 63002 FEET TO THE TRUE POINT OF BEGINNING, OF THIS DESCRIPTION. CONTAINING 14,950 SQUARE FEET (0 34 ACRES) MORE OR LESS EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF SUBJECT TO EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD. At N (� rG, h F'� aF G'P JOSEPH G DERLETH J EXP 12-31-15 = P.L.S. 7340, EXPIRES 12/31/15 LS 7340 TF 0 cm-\' Legal Description CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -167- Item 12. - 25 a /-CDNSTR q- BEACH BLVD R, Exhibit D SURVEY q- BEACH BLVD SHEET 1OF 1 <111'43'19"W,1320 07'a (1319.95') v - DELAWARE ST _ 0 M I ¢ LL C6 � L ui LLJ w z *� u, Q ter' c� LLJ -r � w Ln CEO LLJ LLJc� co - M w r �Mi n0) < ! � �to QD O 0 Z) a W Z CA to Lu ce N d O rrl LLJ L) J Ld ` LLJ N Q Q 04 V• (o CL I ��'yyl 46. y'y� y V 0 L�,.Jy �q z - .. Er '0 iL era y UJ r r00h� $ LL � to� n`LLJ O A r Le. D � LLJ 0 � Z . } w Dom - Q Jco0 C) 0 LDN � � J � � � � HXC) z a a r� N = 'w C.) 0� 0rr N � :o } cn 0-0 _ J m O -,-o Q Lu p Z LL �.... s� Q I � rn Q Q c5 - tY r V4QQ QQ 0 �Vi0z ULL� L J ZI L CL Q- 1ANb s w Ln w 0 p o w J `�' 0 wa Lj Q zLd I— � 4 [L' zm li * at LI U CJ_ LLJ oil I! � F- kp q J /'irr z U ST LS 7340 ui Q a OF, CAL�� v cq (n°-F- ct tO C3 ,- <NOO'43'19"W,1324 11'> (1319 95') z zM0 q- HUNTINGTON ST (SOUTH) P LAT CITY OF HUNTINGTON BEACH STREET ACQUISTION AREA PORTION OF APN 024--291 --16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 12. - 26 HB -168- LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT (10 pages) -::EXH I B I T 2 xB -169- Item 12. - 27 TEMPORARY CONSTRUCTION EASEMENT The property burdened by this Temporary Construction Easement("TCE") is a portion of the property commonly known as Pacific Mobile Home Park (the "Park")which is located at 80 Huntington Street,Huntington Beach, State of California. The Park is legally described in the attached Exhibit "A" and depicted on the plat map attached as Exhibit`B " The TCE is that portion of the Park legally described in the attached Exhibit"C" and depicted on the plat map attached as Exhibit"D," Sheet 1 of 2 1 Purpose This TCE permits the City of Huntington Beach("City") and its authorized representatives, including but not limited to contractors, agents, and assigns, the right to engage in temporary construction activities in furtherance of the Atlanta Avenue Widening Project (the "Project") 2 Term The term of the TCE is for two (2) years, beginning no sooner than the date the City takes legal possession of the TCE In no event shall the term of the TCE extend beyond the date the City files a Notice of Completion of the Project Notwithstanding the two year maximum period of the TCE,the actual physical use and occupancy of the TCE shall be limited to a period of one (1) year The City shall give 80 Huntington I, LLC, a California limited liability company and 80 Huntington II, LLC, a California linuted liability company (collectively, " Owner") of the underlying fee interests in the TCE at least seventy-two (72) hours advance written notice before the City begins actual physical use and occupancy of the TCE 3 Descnption of Work. During the one year period of actual physical use and occupancy of the TCE, the City's scope of work within the TCE shall generally include- demolition and removal of the eight(8) mobile homes and all associated improvements located on Space Nos 101, 102, 201, 301, 302, 401, 501, and 502 of the Park, removal and reconstruction of a portion of the circulation road within the Park, construction of the new, City-owned retatnmg/block wall on the south side of Atlanta Avenue, removal and replacement of two (2) chain link access gates along the Park's Atlanta Avenue frontage, relocation or abandonment of utilities within the Park, and all other required improvements as necessary to construct the Project The mobile home space numbers listed in this TCE are consistent with those depicted on Exhibit"D," Sheet 2 of 2 To mitigate for construction noise and other potential environmental impacts to the mobile homes located adjacent to the TCE, various measures shall be employed as specified in Recirculated Mitigated Negative Declaration No. 09-001 (the "MND"), which is on file with the City Clerk of the City of Huntington Beach During the one(1) year period of actual physical use and occupancy of the TCE, the City will install temporary acoustic barriers between the eight(8)mobile homes to be demolished and removed, and the row of existing mobile homes to remain closest to Atlanta Avenue in compliance with the MND After removal of the eight(8) mobile homes and the completion of certain required improvements, the acoustic barriers may be relocated within the TCE area to further facilitate Project construction and/or access within the Park 1 of 2 11 R609 docx Item 12. - 2 8 HB -170- Although reasonable vehicular and pedestrian access comparable to the existing or pre-construction condition shall be maintained or provided by the City to the entirety of the Park during the one year period of actual physical use and occupancy of the TCE, certain construction activities including, but not limited to, asphalt paving, and curb and gutter construction may temporarily suspend the City-provided access to the mobile homes located on Space Nos 103, 202, 402 and 403 of the Park Additionally, access to the existing paved parking space located unmediately north of the mobile home on Space No 202 shall be permanently eliminated upon reconstruction of the circulation road within the Park The City shall notify the'Owner and the directly affected mobile home space tenants in the Park in writing of such construction activities at least three (3) calendar days prior to the start of the activity All construction activities that temporarily prevent pedestrian or vehicular access to the mobile homes located on Space Nos 103, 202, 402 and 403 shall be limited to the hours of 8 00 a.m to 5 00 p in , local time, and such access shall be limited for no more than ten (10) working days 4 Owner's Permitted Uses Owner of the underlying fee interest may use the TCE area in any manner which does not interfere with the City's proposed use of the TCE. The City shall access the TCE area exclusively from the two existing access gates located along the Park's Atlanta Avenue frontage, and shall not utilize the Park's existing entrance on Huntington Street. 2 of 2 118609 docx HB -1 7 1- Item 12. - 29 Exhibit A SHEET 1 OF 3 THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (ii) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (iii) SIZABLE PROPERTIES, LLC, TO (1) 80 HUNTINGTON 1, LLC, AND (11) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN THIS GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2), OF THE NORTHEAST QUARTER (1/4), OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHEAST QUARTER (1/4), OF SAID SECTION 14, THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 14, A DISTANCE OF 660 02 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1 /4) OF THE NORTHEAST QUARTER (1/4) OF SAID SECTION 14, A DISTANCE OF 1319 95 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF (1 /2), THENCE WEST ALONG THE SOUTH LINE OF SAID NORTH HALF (1/2), 660 02 FEET TO A POINT ON THE EAST LINE OF SAID WEST HALF (1/2), THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF (1/2), 131995 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 27 APRIL, 1989 AS INSTRUMENT NUMBER 89-221830 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE, OF SAID NORTH HALF (1/2) WITH THE CENTERLINE OF HUNTINGTON STREET, (60.00 FEET WIDE), AS SHOWN ON RECORD OF SURVEY NUMBER 81-1151 FILED IN RECORD OF SURVEY BOOK 103, PAGES 28 AND 29, IN RECORDS OF SAID COUNTY; Legal Description PACIFIC MOBILE HOME PARK APN 024-291 - 16 %.A iff CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 12. - 30 xB -172- Exhibit A ( CONTINUED ) SHEET 2 OF 3 THENCE NORTH 00'42'59" WEST, 167 07 FEET ALONG SAID CENTERLINE, THENCE THE FOLLOWING COURSES I SOUTH 59'21'49" EAST, 72 43 FEET TO THE BEGINNING OF AN 8.00 FOOT RADIUS CURVE THAT IS CONCAVE NORTHERLY; EASTERLY 8 38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY, EASTERLY 8 38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'00'00", SOUTH 59'21'49" EAST, 35 77 FEET TO THE BEGINNING OF 2452 00 FOOT RADIUS CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 451 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'06'19" TO THE BEGINNING OF AN 8,00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 840 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY, SOUTHEASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 2444 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 6314 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'28'48" TO THE BEGINNING OF AN 8.00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHERLY, EASTERLY 8.36 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE SOUTHERLY, , EASTERLY 8 40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 2452 00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 6460 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01'30'34" TO THE BEGINNING OF AN 8 00 FOOT RADIUS COMPOUND CURVE THAT IS CONCAVE SOUTHWESTERLY, Legal Description PACIFIC MOBILE HOME PARK APN 024-291 -16 *A. CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS xB _17;_ Item 12. - 31 Exhibit A ( CONTINUED ) SHEET 3 OF 3 SOUTHEASTERLY 8 40 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'09'44" TO THE BEGINNING OF AN 8 00 FOOT RADIUS REVERSE CURVE THAT IS CONCAVE NORTHEASTERLY, SOUTHEASTERLY 836 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 59'50'17" TO THE BEGINNING OF AN 244400 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHWESTERLY, SOUTHEASTERLY 1733 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00'24'22" TO THE SOUTH LINE OF SAID NORTH HALF (1/2), SOUTH 89'43'07" WEST, 26318 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 847,526 SQUARE FEET (19 45 ACRES), MORE OR LESS SUBJECT TO ALL EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD ASSESSORS PARCEL NUMBER 024-291-16 SAND G SG - o s o D(P 12-31-15 JOSEPH G. DERLETH rTF L s 7340 PLS 7340, EXPIRES 12/31/15 OF cxo Legal Description PACIFIC MOBILE HOME PARK APN 024-291 - 16 �A� �i CITY OF HUNTINGTON BEACH IeLa DEPARTMENT OF PUBLIC WORKS .00 Item 12. - 32 HB -174- NE COR, W 1/2, NW 1/4, NE Exhibit B 1/4, FRAC SEC 14, T 6S., R 11 W., S B M , POINT OF BEGINNING SHEET 1 OF I N'LY LINE, FRAC SEC 14, T 6S., R 11 W, S B M ' CLATLANTA AVE I <N89'43'00" 660 02'> (660.02')30 �S'LY LINE OF�ATLANTA p' NE COR OF—j AVENUE (60' WIDE) PER FRAC SEC 14, 103/313 DEEDS 101 T 6S., R 11 W , I a, S B.M. I 2000 r Ln --1 30' 1 W'LY LINE co e TRACT 9580, ~ :D 0 (^ 444/29-31 M.M. I } ►Z 0 0 � 1 � � : v : _ _ .; = to w N m I ❑c 1 j� of EAST LINE OF HUNTINGTON w = I = Q N Z r? STREET (60' WIDE), PER CITY Q UQ UQ � Q r RESOLUTION 1125, RECORDED (°' _ w w � !��) 1 IN 2045/53 O.R ( I g t m I ❑c Ld 0 o o GROSS AREA 19 46 ACRES z p T `� I `� Z 0 z �'� NET AREA 18.22 ACRES V � }- w E.- _ 1c: NOTE- NET AREA EQUALS { 0 z Q °' GROSS AREA LESS EXISTING 0 IE : 1 � � c� ro L IUU Z DEDICATED ROADWAY RIGHT OF cq w o WAYS ~a- zM , '`; - 1 inch 200 ft I 60.00' m AND G � Z r---30 ( y�o \.G S � 0 L WLj �= A _ EXP 12-31-15 1 S'LY LINE, N 1/2, NE 1/4, s P FRAC SEC 14, T.6S , R 11 W 'y LS 7340 PER TRACT 13045, BOOK 628 TF OF CA\-\F 1 AGES 46 AND 47 OF M M 20 00' I-- A396.83' LEGEND <N89°42'47" 660 02'> (660.02') ` < > = RECORD PER RECORD OF SURVEY 2012-1014, 261/1-10 R S.B ( ) = RECORD PER INSTR NO. 2013000368964 0 R P LAT PACIFIC MOBILE HOME PARK APN 024-291 - 16 Fo � �i CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -175- Item 12. - 33 Exhibit C SHEET 1 OF 2 THAT PORTION OF THOSE LANDS IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE GRANT DEED FROM (i) LEGACY 42680 HOLDINGS, LLC, (n) FOOTHILL TO SUMMIT PROPERTIES, LLC, AND (M) SIZABLE PROPERTIES, LLC, TO (i) 80 HUNTINGTON I, LLC, AND (ii) 80 HUNTINGTON II, LLC RECORDED 18 JUNE, 2013 AS INSTRUMENT NUMBER 2013000368964, SAID LANDS BEING DESCRIBED IN SAID GRANT DEED AS BEING A PORTION OF THE NORTH HALF (1/2) OF THE NORTHEAST QUARTER (1/4) OF FRACTIONAL SECTION 14, TOWNSHIP 6 SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF MISCELLANEOUS MAPS, IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER, OF THE WEST HALF (1/2) OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST QUARTER (1/4), OF SAID FRACTIONAL SECTION 14, THENCE EASTERLY ALONG THE NORTH LINE OF SAID FRACTIONAL SECTION 14, NORTH 89'43'00" EAST, 660 02 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 660 00 FEET EASTERLY OF THE EASTERLY LINE OF THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14; THENCE SOUTHERLY, ALONG SAID PARALLEL LINE, SOUTH 00-43'19" EAST, 5005 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID PARALLEL, SOUTH 00'43'19" EAST, 99 95 FEET TO THE EASTERLY TERMINUS -OF A LINE PARALLEL WITH AND 150.00 FEET SOUTHERLY OF THE NORTH LINE OF SAID FRACTIONAL SECTION 14; THENCE WESTERLY ALONG LAST SAID PARALLEL LINE SOUTH 89'43'00" WEST, 63002 FEET TO A POINT ALONG THE EAST LINE OF HUNTINGTON STREET (60 FEET WIDE) AS DESCRIBED IN CITY OF HUNTINGTON BEACH RESOLUTION 1125, RECORDED 21 JULY, 1950 IN BOOK 2045, PAGE 53 OF OFFICIAL RECORDS, SAID EAST LINE BEING PARALLEL TO AND 3000 FEET EASTERLY OF THE EAST LINE OF, THE WEST HALF (1/2), OF THE NORTHWEST QUARTER (1/4), OF THE NORTHEAST (1/4) OF SAID FRACTIONAL SECTION 14, THENCE NORTHERLY ALONG SAID EAST LINE OF HUNTINGTON STREET, NORTH 00"43'19" WEST, 6781 FEET; Legal Description CITY OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291-16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 12. - 34 HB -176- Exhibit C SHEET 2 OF 2 j THENCE NORTHEASTERLY LEAVING SAID EAST LINE, NORTH 42'18'42" EAST, 36 94 FEET TO THE WESTERLY TERMINUS OF A LINE PARALLEL TO AND 55.00' SOUTHERLY OF THE NORTHERLY LINE OF SAID FRACTIONAL SECTION 14; THENCE EASTERLY ALONG SAID PARALLEL LINE NORTH 89'43'00" EAST, 142.87 FEET, THENCE LEAVING SAID PARALLEL LINE NORTH 89'06'11"EAST, 461.93 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. EXCEPTING THEREFROM THE FULL LEASE AREAS ASSIGNED TO THE FOLLOWING MOBILE HOME PAD SPACES LOCATED WITHIN PACIFIC MOBILE HOME PARK, 80 HUNTINGTON STREET, HUNTINGTON BEACH, CA (AS DEPICTED ON EXHIBIT "D") SPACE NUMBERS 103, 104, 105, 203, 204, 205, 303, 304, 305, 306, 404, 405, 503, 504, 505, 506, AND ALSO EXCEPTING THEREFROM THE APPARENT PARTIAL LEASE AREAS ASSIGNED TO THE FOLLOWING MOBILE HOME PAD SPACES LOCATED WITHIN SAID MOBILE HOME PARK (AS DEPICTED ON EXHIBIT "D") SPACE NUMBERS 202, 402, 403; AND ALSO EXCEPTING THEREFROM A PORTION OF THE RECREATIONAL VEHICLE STORAGE AREA LOCATED WITHIN SAID MOBILE HOME PARK (AS DEPICTED ON EXHIBIT "D"), WITH THE AFOREMENTIONED LEASE AREAS HAVING BEEN DETERMINED BY APPARENT LINES OF OCCUPATION. CONTAINING A GROSS AREA OF 60,652 SQUARE FEET (1.39 ACRES) AND A NET AREA OF 31,501 SQUARE FEET (0.72 ACRES) MORE OR LESS AFTER HEREINABOVE DESCRIBED EXCEPTIONS ARE REMOVED THEREFROM EXHIBIT "D" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO EXISTING COVENANTS, RIGHTS, RIGHTS OF WAYS AND EASEMENTS OF RECORD , SAND S G ci UP 12-31-15 JOSEPH G DERLETH kp LS 7340 P L S 7340, EXPIRES 12/31/15 rF OF CAQF Legal Description CITY OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS xB -177- Item 12. - 3 5 QNSTR CL BEACH BLVD cot Exhibit D < _ SURVEY CL BEACH BLVD SHEET 1 F LLB — -- v a, _ o T 4vaa`43'19"W, 32CJ.a7'3 (1319 95') -o NJ DELA�WARE ST � J W t i ' w z tip LLJ IL.- $ � 6 In I o to I � a `u z �� o U z I ■ a o w t2-31-15 C) �Lf} � (D r rat 0 .� W 0 [D Ld * * O W *- n z Cluj 0 0 tt 0 Z ��q� LS 7340 p �� 9 rh Q J V) Q =� F OF, CALIF w �O [l¢N qD CD = r a) W N of to NLu O) d II II a �rq _ W La0 Q V3 � { Q d Ntr U R cCl N � V) } o Q of Q rco 0 LrJ `_ co to W h L �- 2 0 !r] cn > > 0 N ,, ( I ', D L r7 Z LLLJ 0 ~ � � CaCD Ems' Q 0�0 (D M 00O1 LJ Jr Yk ZOs Qpuzd O z Qrn � tp tt W wU F_ N .J W C[ r'7 Lr!on I ► p +f] CFS U7 E LaO W r1:" O °r I c� �j u 1 la1'W i 0 � � z W = C3J V Im m � 00 W L�i1 is1 r2 r LW Ul c� a7 [r Z J Z I O W0f00 "o " �� r0 � � cn cl ui w 0 4-3 � °' � w aLd o F- I a Z X W r ..W Z N m W rjf V Uu-;= n — — — — 7 Eno .� L 1153 04' u — Z CNOO'43'19"W,1324.11'> (1319 95') w Lu IDa z z �_ HUNTINGTON ST (SOUTH) PLAT CITY OF HUNTINGTON BEACH TEMPORARY CONSTRUCTION EASEMENT PORTION OF APN 024-291 —1 F .� CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Item 12. - 36 xB -178- /-CONSTR CE BEACH BLVD � Exhibit- D - - - —l-SURVEY q- BEACH BLVD SHEET 2 OF 2 _ _ - - - -T CL DELAWARE ST W4 5a fm $10 art w w 518 w A-V 440 4-M 4 FIFTH at I o 421 43a Si3t ?43 ;5d5 fx�7 SCE i511 �i3 5!3 fii7 biG - �i 424 434 i 4az -4a 4C5 410 4t7 414, 413 -M 420- � W Q I 401 4w 4W 4 V 4W 411 413 40 417 410 4z L N,�Z,—1 z 3U2 3[34 we 3w 3tQ 312 314 0 mr�5D F... II . Q _ t3' 301 �03 305 3a7 3� 311 3t3 315 317 I 2^2 - 244 god a78 2IQ 212 214 2ifi 21� 2t5t+ 2t13 - 20d 247f 2t3�= VI-i z 2iy 419 2z o ia2 t�4 10d i05 fi0 112 �14 lit 148 im w r� tat tc 1M 107 11t5 117 i1g tz i -, tt51 0 0 W HUNTINGTON ST (SOUTH) P LAT Pacific Mobile Home Park Partial Site Plan PORTION OF APN 024-291 -16 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -179- Item 12. - 37 AERIAL DEPICTION OF PERMANENT STREET EASEMENT EXHIBIT 3 Item 12. - 38 xs -1 so- d A . LU iLU1 7 .. uj LLI Q icc w Fi at vq 1 1 uj tn 1 .Q 1 ` � - + RE [yi ' cy r R LU j 1rs o W ,._ .. a / # to 40 1 e-: a ... ... AERIAL DEPICTION OF TEMPORARY CONSTRUCTION EASEMENT EXHIBIT 4 Item 12. - 40 Hs -182- € i t Ark of / � � � • a. '�', fix, � 4. :is i s.,r,�av�a•g �. s 15 � �„��} `�,•� I� �� fir. rR v t r K. Z Am u u 4 it 1 Q r. rr� s C1 k Lu talk I i AM r 7AT7TAC H M E N T #2 ATLANTA AVENUE WIDENING -CURB FACE ........... ................................ (HUNTINGTON ST. - DELAWARE ST.) TTO 4'jSIDEWALK CONCEPTUAL DESIGN .......... QL PROPOSED RIW TPLANTER t-i 6 04 00 403 203 < M Ii EXISTRO �,PROPOSED �OHT-OF RIGHT.OFMAY ATIAWA AVE 4r_ -30 PROPOSED PROPOSED l(r LANDSCAPE _24'CIRCULATION ROAD PROPOSED 8 ScPm4-WALL EXISTING ROADWAY SVRFACE PROPOSED PAVEMENT LEGEND ON-SITE CIRCULATION ROAD PROPOSE VARIABLE H&GHT PLANTER AREA RETANiNG WALL TRASH SIN ENCLOSURE PROPOSED SECTION A-A ............................ mm TO SCALE Esparza, Patty From: Johnson [kjlasdk9@hotmail.com] Sent: Friday, January 29, 2016 8:59 PM To: Agenda Comment Cc: Fikes, Cathy; Domb hanna; CITY COUNCIL Subject: o to eminent domain. AGENDA COMMENT Kathy Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and loudly proclaiming WOW! What a ride! Anonymous Sent from my iPhone SUPPLEMENTAL COMMUNICATION Meeting Date: c'?, — / —/� Agenda Item No. � 1 Esparza, Patty From: De Coite, Kim Sent: Monday, February 01, 2016 5:18 PM To: Esparza, Patty Subject: FW: Surf City Pipeline: You have been assigned a new Request* 25038 From: Surf City Pipeline [mailto:noreplyCabuser.govoutreach.com] Sent: Monday, February 01, 2016 9:18 AM To: De Coite, Kim Subject: Surf City Pipeline: You have been assigned a new Request #: 25038 Request 9 25038 from the Government Outreach System has been assigned to you. Request type: Question Request area: Planning Commission - Comments on Agenda Items Citizen name: Clem Dominguez Description: Its come you my attention that on Monday the city will vote to take a piece of property by Eminent Domain. In 1988-1989 the city declared Eminent Domain on a number of propertues downtown, or threathed Eminent Domain. The trick they used was hire a "blight" consultant to declare the property blighed, which was required by law. It was a dark hour in this city and it could eaisly happen again, especially as unfunded liabiliities rise each year. In the eighties the city would steal the properties and then conolidate lots and sell them off to developers, all for more sales tax. This property is a little different as they say the need it to widen Atlanta stree. I have been told by some former planning commissioners that both the EIR and Traffic study done for Pacific City assumed that they would widen the street as part as the approval. But the city did not have the property in question under contract to do this. I was informed that this is typical, approve a project first and then figure out how to fix traffic. The the city did the same at Bella Terra and these other high density projects. This is an ass-backward way of doing ting and needs to be changed. In the ninties sommeone gathered over 10k signatures to stop the city from using Eminent Domain in the future. Unfortunately he was talked into accepting the cities "PROMISE" they would never use it again. As we found out with the Senior Center I guess believeing promises is for the naive. So I hope the city council members realize voting yes to Eminent Domain could open up future requests for using it with residental properties based on the financila needs of the city. If you don't believe it could happen, trust me it can. The owners of the home I was renting was forced to sell, which is why I ran for Council in 1988. Please vote NO on Eminent Domain. Thanks, Clem Dominguez Expected Close Date: February 8, 2016 i Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 2