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Adopt Resolution 2019-11 Approving a Summary Vacation of an
1VPk6VCD 7-0 City of Huntington Beach File #: 19-1129 MEETING DATE: 11/18/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Kellee Fritzal, Deputy Director of Economic Development Subject: Adopt Resolution 2019-11 approving a summary vacation of an easement over a portion of 13 th Street and Crest Avenue; adopt Resolution 2019-77 declaring a strip of City-owned property as surplus property; approve Quitclaim Deed for ownership of easement and the agreement for sale of surplus real property between the City and Dawn and Naomi Shimoda; and, authorize recordation of resolutions and exhibits with the Orange County Recorder Statement of Issue: The City owns a strip of land by 131h Street and Crest Avenue, the land was for dedication for street and sidewalk approvals. The City has completed all street and sidewalk improvements and no longer needs the small remnant piece of land. It is requested that the City Council adopt two Resolutions declaring the strip surplus property and ordering a summary vacation of an easement, and approve an agreement for sale of surplus property with Dawn and Naomi Shimoda. Financial Impact: The City would not incur any expenses of the vacation of the easement. However, the City will receive Two Thousand Two Hundred Fifty Dollars ($2,250.00) for the disposition of the property to be deposited into the General Fund. Recommended Action: A) Adopt Resolution No. 2019-11, "A Resolution of the City Council of the City of Huntington Beach ordering the summary vacation of an easement over a portion of 131h Street and Crest Avenue in the City of Huntington Beach" (Attachment 1); and, B) Adopt Resolution No. 2019-77, "A resolution of the City Council of the City of Huntington Beach declaring that a strip of City owned property adjacent to 743 13th Street, Huntington Beach, is surplus property" (Attachment 7); and, C) Instruct the City Clerk to record Resolutions No. 2019-11 and 2019-77 and the attached exhibits with the Orange County Recorder; and, City of Huntington Beach Page 1 of 3 Printed on 11/13/2019 poweret�%Legistar- File #: 19-1129 MEETING DATE: 11/18/2019 D) Approve the "Agreement for Sale of Surplus Real Property and Escrow Instructions by and between the City of Huntington Beach and Dawn Michiko Shimoda and Naomi Shimoda," (Attachment 5); and E) Approve the Quitclaim Deed transferring ownership of easement to Dawn Michiko Shimoda and Naomi Shimoda, as well as any other escrow documents necessary for this transfer.(Attachment 6). Alternative Action(s): Do not approve the Resolutions for Purchase Agreement and direct staff as necessary. Analysis: On June 24, 1905, 13th Street was dedicated (the "Dedication") to the City of Huntington Beach on the map of the Wesley Park Section (Attachment 2) in fee interest as determined by a title report. Since the Dedication, all necessary public street and sidewalk improvements have been constructed adjacent to the residential property at 743 13th Street (the "Property"). However, these improvements do not extend to the ultimate boundary of the Dedication, resulting in a one-foot wide by 150.5-foot long portion of remnant right-of-way that exists between the interior side of the public sidewalk and the legal boundary line of the property (see Attachment 3), this remnant right of way will be referred to as "Surplus Property." This surplus property is isolated between the public right of way and the adjacent property owner's property line at 743 13th Street. This is a corner lot and does not abut any other property, see aerial photo of property (Attachment 8). Staff is requesting that this 1-foot wide portion of the Dedication be vacated to increase the size of the property owner's yard. The portion of the Dedication that the City is requested to summarily vacate is located adjacent to the owner's existing front and side yards and has been determined by the Public Works Department to be unnecessary for any future public utility, pedestrian or vehicular circulation. The proposed result of vacating this portion of the Dedication will not have a detrimental impact to any future public services nor to public infrastructure. On January 23, 2019, the City of Huntington Beach Planning Commission approved General Plan Conformance No. 18-002 (Attachment 4), finding that the proposed Summary Street Vacation (of the Dedication portion located at the southwest corner of 1311 Street and Crest Avenue) conforms to the goals and policies of the City's General Plan. Unlike the General Street Vacation process, the Summary Street Vacation process does not have public noticing requirements, nor does it require a separate public hearing prior to the Council taking action. After Council's adoption, the resolution shall be recorded with the Orange County Recorder to affect the street vacation. The City of Huntington Beach Planning Commission approved General Plan Conformance No. 18- 002. Staff is requesting that the City of Huntington. Beach approve Resolution No. 2019-77 declaring that strip of City-owned property, adjacent to the property on 743 1311 Street, as surplus property and then concurrently sell that surplus property to the adjacent property owners, Dawn Michiko Shimoda and Naomi Shimoda (Attachment 5). City of Huntington Beach Page 2 of 3 Printed on 11/13/2019 poweret555 LegistarTI File #: 19-1129 MEETING DATE: 11/18/2019 The City Attorney's Office has drafted and approved an Agreement for Sale of Surplus Real Property and Escrow Instructions by and Between the City of Huntington Beach and Dawn Michiko Shimoda. The City has agreed to sell the surplus property to the Shimodas for Two Thousand Two Hundred Fifty Dollars ($2,250.00). Environmental Status: The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City Council Resolution No. 4501, Class V: Alterations in Land Use Limitations, sub-section (a) minor street, alley and utility easement vacations. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2019-11, "A Resolution of the City Council of the City of Huntington Beach ordering the summary vacation of an easement over a portion of 13th Street and Crest Avenue in the City of Huntington Beach." 2. Map of Wesley Park Section (of the City of Huntington Beach) 3. Exhibits A and B Legal Description and Plat Map (Vacation of Right-of-Way Easement) 4. Notice of Action - General Plan Conformance 18-002 5. Agreement for sale of surplus property and escrow instructions by and between the City of Huntington Beach and Dawn Michiko Shimoda and Naomi Shimoda 6. Quitclaim Deed transferring ownership of surplus real property from The City of Huntington Beach to Dawn Michiko Shimoda and Naomi Shimoda 7. Resolution No. 2019-77, "A Resolution of the City Council of the City of Huntington Beach declaring that a strip of City owned property adjacent to 743 131h Street, Huntington Beach is surplus property." 8. Aerial photo map of 743 13th Street. City of Huntington Beach Page 3 of 3 Printed on 11/13/2019 poweretU�Legistar— ATTACHMENT # 1 RESOLUTION NO. 2019-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EASEMENT OVER A PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HUNTINGTON BEACH WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate portions an easement over Thirteenth Street and Crest Avenue in the City of Huntington Beach because the subject easement has been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation or for public utility access; and A General Plan Conformance No. 18-002, to determine whether the subject vacation request conforms to the City's General Plan, was approved by the City Planning Commission on January 23, 2019. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Part 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of portions of an easement over Thirteenth Street and Crest Avenue in the City of Huntington Beach and more particularly described on Exhibits A and B attached and incorporated herein by this reference. 2. The City Council does hereby confirm that the portions of the easement herein vacated have been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation and that there are no other public facilities located within the portions of the easements. 3. The City Council hereby declares that from and after the date of the recordation of this resolution that the portions of the easements herein identified shall no longer constitute public service easements. This docu~t is solely for On otficW of thg City of Huntkigw Beach. as contemooW w1d9r Govan Code Sec. 27383 and shouWW recorded free of chaTe. 19-7356/197159 1 Resolution No. 2019-11 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November , 2019. Mayor trD DEROVED: APPROVED FORM: City Manager i Attorney INITIATED AND APPROVED: irector of Public Works 19-7356/197159 2 Resolution No. 2019-11 Exhibit A SHEET 1 OF 1 LEGAL DESCRIPTION: THAT PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF NUNTINGTON BEACH,. COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A. MAP OF WESLEY PARK SECTION,. HUNTINGTON BEACH, .FILED IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF .SAID COUNTY DESCRIBED AS FOLLOWS: A 1.00 FOOT STRIP of LAND ADJACENT TO THE .EASTERLY AND NORTHERLY LINE OF LOT .41 AND LOT 43, BLOCK 713 Or SAID WESLEY PARK SECTION, THE WESTERLY AND SOUTHERLY LINE OF SAID 1.00 FOOT STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS': BEGINNING ON A POINT ON THE EASTERLY LINE OF SAID LOT 41, 5.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 43, THENCE N41`22'15"E 23.03 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 AND LOT 43 TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20,00 FEET; THENCE NORTHERLY 32.81 FEET ALONG EASTERLY LINE OF LOT 43 THROUGH A CENTRAL ANGLE OF TO A POINT ON A TANGENT, CURVE CONCAVE SOUTHERLY HAVING. A RADIUS pF 600.00 FEET, A RADIAL BEARING THROUGH. SAID POINT SEARS N37`22'42"E; THENCE WESTERLY 94.70 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 43 THROUGH A CENTRAL .ANGLE OF 9'02'36" TO A POINT AT. END OF SAID 1.00 FOOT STRIP, A RADIAL, 9EARIN.G THROUGH SAID POINT BEARS N28'20'06"E, SAID END OF 1.00 STRIP PARALLEL TO AND 2.50 FEET EASTERLY Or THE WESTERLY LINE OF' SAID LOT .43. 01.ANp S EVE'RALD ENGINEERING fe600 VAIN seer, SU17F 160 Q H0,4593 UN71NGMV BEACH, CA 92648 ~ DONA1 D G, 6Al(4�R DA7E Pip CAi-tF��� L,S 4683 Resolution No. 2019-11 O S CW� l" Lid 8a'irt� 3„9G,Z2lbN >►'1 mais O! O M18 xsIx7 0 U oo < r M w �, :o}a 3,,Zt;Z'Z,Lf�t �i M O w a r-- �G C)~ M z w �ZD 11 U r rn h-Li.. 1 <0 :D Ld FC40. Fp�o M +( Uj al 20 c� e� ,00'1 Pi z94<02 8zN U ' ix/v 26rx3 LLI Ld r Res. No. 2019-11 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on November 18, 2019 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize , Hardy NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Recorded in Official Records, Orange County PLEASE COMPLETE THIS INFORMATION Hugh Nguyen, Clerk-Recorder N I 1[��1 11� 11111111[ 1 NO FEE RECORDING REQUESTED BY: * $ R 0 0 1 1 2 9 9 6 9 3 $ * City of Huntington Beach 2019000489877 3:25 pm 11/22/19 Attn: Robin Estanislau, City Clerk 48 401 R28 6 Huntington Beach, CA 92648 0.00 0.00 0.00 0.00 15.00 0.00 0.000.000.00 0.00 AND WHEN RECORDED MAIL TO: TH1S SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 2019-11 A RESOLUTION OF THE CITY COUNCILLOF:THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACATION OF AN EASEMENT OVER A PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HUNTINGTON BEACH This dommw t it solely for the oMciel himirme of the Clty of H mWsgooe Beech, as contemplated undef GovwnawR Code Sec.27383 and shoukH*recorded flea of dvwW. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ATTACHMENT #2 11 110 6 Ld Z A U-; 1�4 11Z z 77 ) UJI H-L 3,1,3 —�xz La ug w. 155 ATTACHMENT #3 Exhibit A 13 %MEET 1 OF 1 i L LEGA.L DESCRIPTION- THAT PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A. MAP OF WESLEY PARK SECTION, HUNTINGTON BEACH, FILED IN BOOK 4, PAGE 17 OF MISCELLANEOUS BAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: A 1.00 FOOT STRIP of LAND ADJACENT TO THE EASTERLY AND NORTHERLY LINE OF LOT 41 AND LOT 43, BLOCK 713. OF SAID WESLEY PARK SECTION, THE WESTERLY AND SOUTHERLY LINE OF SAID 1.00 FOOT STRIP MORE PARTICULARLY DESCRfM AS FOLLOWS, BEGINNING ON A POINT ON THE EASTERLY LINE OF SAID LOT 41, 5.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 43; THENCE N41'22'16"E 23.03 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 AND LOT 43 TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20,00 FEET; THENCE NORTHERLY 32.81 FEET ALONG EASTERLY LINE OF LOT 43 THROUGH A CENTRAL ANGLE OF 93`59'34" TO A POINT ON A TANGENT. CURVE CONCAVE SOUTHERLY HAVING A RADIUS QF 600.00 FEET , A RADIAL BEARING THROUGH SAID POINT BEARS N37'22'42"E; THENCE WESTERLY 94.70 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 43 THROUGH A CENTRAL ANGLE OF 9'02'36" TO A POINT AT. END OF SAID 1.00 FOOT STRIP, A RADIAL. BEARING THROUGH SAID POINT BEARS N28"20'06"E, SAID END OF 1.00 STRIP PARALLEL TO AND 2.50 FEET EASTERLY Or THE WESTERLY LINE OF' SAID LOT 43. PREPANED HY EMERALD ENGINEERINO 16600 MAIN 67REE7; SU17F 160 Q N0,4W 92648 Pip CAI��� L,S�4663 eAicER DATE 56 h . o H41no )p imino � o LL 'Q -60' 3.9t,ZZ hvw >nYNaciS 0 d '20.7z J AVY 7,9/X3 0c) Do W r- N Po 0 f!N!1 Um �oa1 o w ` a_ 0 a QF- O71, M w D Q= U p rr m Q CJ o O m ujcn al Q '001 � � •ode - z U MY 25'IX3 z a L LLI to ,D9'Zx 157 ATTAC H M E N T #4 A Huntington Beach Planning Commission e 2000 MAIN STREET CALIFORNIA 92648 .0 NOTICE OF ACTION January 24, 2019 Dawn M. Shimoda 11639 Corinth Circle Fountain Valley CA 92708 SUBJECT: GENERAL PLAN CONFORMANCE NO. 18-002 (743 131th STREET VACATION) APPLICANT: Dawn M. Shimoda, 11639 Corinth Circle, Fountain Valley CA 92708 PROPERTY OWNER: City of Huntington Beach REQUEST: To determine if the vacation of an approximately 150.50 square foot portion of an existing easement for street and public utility purposes is in conformance with the goals and policies of the General Plan. LOCATION: 743 13th Street, 92648 DATE OF ACTION: January 23, 2019 On Wednesday, January 23, 2019, the Huntington Beach Planning Commission took action on your application, and- approved your request by adopting Resolution No. 1706, approving General Plan Conformance No. 18-002. Attached to this letter are Resolution No. 1706 and the findings-for approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) if the appeal is filed by any other party. In your case, Phone 714-536-5271 Fax 714-374-1540 www,surfclty-R.org Notice of Action GPC 18-002 January 24, 2019 Page 2 the last day for filing an appeal and paying the filing fee is Monday, February 4, 2019, at 5:00 Pm. If you have any questions, please contact Hayden Beckman, the project planner, at hayden.beckman@surfcity-hb.org or (714) 536-5561 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission By: Jan6 Jam6s:, Planning Manager ULR:JJ:NB:kdc Attachments: 1. Findings-for Approval —GPC No. 18-002 2. Resolution No. 1706 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Ursula Luna-Reynosa, Director of Community Development Bill Reardon, Division Chief/Fire Marshal Mike Vigliotta, Chief Assistant City Attomey Debbie DeBow, Principal Civil Engineer Hayden Beckman, Senior Planner Property Owner Project File 159 ATTACHMENT NO. 1 FINDINGS OF APPROVAL GENERAL PLAN CONFORMANCE NO. 18-002 FINDING FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the proposed project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to City Council Resolution No. 4501, Class 5, which supplements the California Environmental Quality Act-because the request is a minor easement vacation. FINDINGS FOR APPROVAL— GENERAL PLAN CONFORMANCE NO. 18-002: The proposed vacation of an undeveloped 150.5 square foot portion of an existing easement for street and public utility purposes conforms to the following goals and policies of the General Plan: A. Land Use Element Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. The vacation of the Vacation Area will not negatively impact surrounding property owners or public users of the street and sidewalk because easements for the developed street, sidewalk, and parkway areas will remain intact. Upon vacation, the fee title for the area will revert to the Owner and its successors in interest. B. Circulation Element Goal CIRC-1 (A): The circulation system supports existing, approved, and planned land uses while maintaining a desired level of service and capacity on streets and at critical intersections. Policy CIRC-1 (J): Investigate current jurisdictional control of roadways and determine where adjustments may be made in the future. Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to-day required activities in a safe and efficient manner for all ages and abilities. The existing street and pedestrian sidewalk currently provide sufficient access to the surrounding residential uses. The subject area is no longer necessary to construct right-of-way infrastructure to provide the public circulation needs of the abutting properties. Vacating an undeveloped 150.5 square foot portion of an existing public street and utility easement will not have a detrimental impact on the circulation system. C. Public Services and Infrastructure Element Goal PSI-8: Coordinated infrastructure improvements are identified and funded. GAPC\N0A\19\012419 GPC 18-002 (743 13th St) Attachment 1.2 160 Policy PSI-8 (A): Prepare and adopt coordinated, citywide infrastructure master plans to establish priority and identify funding options for future capital improvement projects. The area requested to be vacated is 150.5 foot long portion of an existing easement for street and public utility purposes located at the subject property. The Public Works Department has determined that the Vacation Area is excess right-of-way and no longer needed and that no utilities requiring easement access are located within the Vacation Area. Vacation of the Vacation Area will not have a detrimental impact to public services and infrastructure. G:\PC\NOA\19\012419 GPC 18-002 (743 13th St) Attachment 1.2 161 RESOLUTION NO. 1706 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF_HUNTINGTON BEACH FINDING THE VACATION OF A 150.50 SQ. FT. UNDEVELOPED PORTION OF AN EXISTING STREET AND PUBLIC UTILITY EASEMENT AT 743 13t" STREET IS IN CONFORMANCE WITH THE GOALS AND POLICIES OF THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 18-002) WHEREAS, the Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property, nor dispose of any real property, nor construct a public building or structure in any county or city until the. location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan; and WHEREAS, staff has reviewed the subject request and submitted it to the Planning Commission for review on January 23, 2019; and WHEREAS, staff has indicated applicable General Plan goals and policies to establish conformance with the General Plan. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed vacation of a portion of an existing street and public utility_ easement is in conformance with the goals and policies of the General Plan as fellows: A. Land Use Element Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. The vacation of a 1 foot wide portion of an existing easement will not negatively impact surrounding property owners or public users of the street and sidewalk because easements for the developed street, sidewalk, and parkway areas will remain intact. Upon vacation, the fee title for the area will revert to the adjacent residential property owner. B. Circulation Element Goal CIRC-1 (A): The circulation system supports existing, approved, and planned land uses while maintaining a desired level of service and capacity on streets and at critical intersections. Policy CIRC-1 (J): Investigate current jurisdictional control of roadways and determine where adjustments may be made in the future. Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to- day required activities in a safe and efficient manner for all ages and abilities. 162 The existing street and pedestrian sidewalk currently provide sufficient access to the surrounding residential uses. The subject area is no longer necessary to construct right-of-way infrastructure to provide the public circulation needs of the . abutting properties. Vacating an undeveloped 150.50 square foot portion of an existing public street and utility easement will not have a detrimental impact on the circulation system. C. Public Services and Infrastructure Element Goal PSI-8: Coordinated infrastructure improvements are identified and funded. Policy PSI-8 (A): Prepare- and adopt coordinated, citywide infrastructure master plans to ,establish priority and identify funding options for future capital improvement projects. The area requested to be vacated is a- 150.50 foot long portion of an existing easement for street and public utility purposes located at the subject property. The Public Works -Department has determined that the southerly 1-foot portion of the existing easement adjacent to the subject property is excess right-of-way and no longer needed-. The Public Works Department has also determined that.there are no- utilities requiring easement access located within the easement area that is proposed to be vacated. Vacation of an undeveloped 150.50 square foot portion of an existing public street and utility easement will not have a detrimental impact to public services,and infrastructure. .PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the Twenty-Third day of January 2019, by the following roll call vote: AYES: Scandura, Ray, Grant, Garcia, Kalmick, Perkins -NOES: None ABSENT: Mandic ABSTAIN: None ATTEST: Ursula Luna-Reynosa, Secretary Planning_Commission Chair Res 1706 163 ATTAC H M E N T #5 RESOLUTION NO. 2019-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT A STRIP OF CITY OWNED PROPERTY ADJACENT TO 743 13Tx STREET, HUNTINGTON BEACH, IS SURPLUS PROPERTY WHEREAS, the City of Huntington Beach is the owner of certain real property adjacent to 743 131h Street, Huntington Beach(Assessor's Parcel Map No. 023-04-01, and as legally described in Exhibit"A," and depicted in Exhibit`B," respectively, attached hereto and incorporated by this reference; and The property legally described in Exhibit A and depicted in Exhibit B will be referred to as the "Property; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby find and resolve as follows: 1. The Property is declared as Surplus Property. The disposition of the Property is in the public interest and necessity. 2. The Property is to be sold for cash to the adjacent property owner pursuant to Huntington Beach Municipal Code ("HBMC") Section 3.06.010(c) for the amount described in the Agreement for Acquisition and Escrow Instructions to be approved concurrently with this Resolution. 3. Pursuant to HBMC Section 3.06.010(b), the Property was not appraised'because of its low value. Instead, the fair market value was established through negotiations between the City and the adjacent property owners. 4. The costs incurred in preparing the Property for sale, including all related expenses and appraisal fees have been added to and made a part of the value to be paid on the sale of the Parcels; and 5. The City Council hereby authorizes the City Manager, or his written designee, to execute all documents and take all steps necessary to dispose of the Property, pursuant to the determinations of this Council and the procedures set forth in Chapter 3.06 of the Huntington Beach Municipal Code. 6. The legal description to the deed conveying the Property to the buyers shall include the following concluding paragraph: "EXCEPTING therefrom all oil, gas and other hydrocarbon substances and minerals lying below a depth of 500 feet from the surface of said land, but without the right of surface entry at any time upon said land or within the top 500 feet thereof, for the purpose of exploiting, developing, producing, removing and marketing said substances." This document is solely for the OTIO l bustn m of the City of Huntington Bosch, as contempated under Governmont Code Sec.27383 and should be recorded frw of charge. Resolution No. 2019-77 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18th day of November , 2019. Mayor IEWD _ ND PR APPROVED FORM: City Manager it ttorney /'r ITIATED ND APPROVED: 11W Deputy Director Business Development 19-8106/216489 2 Resolution No. 2019-77 Exhibit A SHEET 1 OF 1 LEGAL.. DESCRIPTION, THAT PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HONTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A. MAP OF WRSLEY PARK SECTION, HUNTI.NGTON BEACH, .FILED IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ,SAID COUNTY DESCRIBED AS FOLLOWS: A 1,00 FOOT STRIP OF LAND ADJACENT TO THE .EASTERLY AND NORTHERLY LINE OF LOT 41 AND LOT 43, BLOCK 713 OF SAID WESLEY PARK. SECTION, THE WESTERLY' AND SOUTHERLY LINE OF SAID 1.00 FOOT STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON A POINT ON THE EASTERLY LINE OF SAID LOT 41, 5.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 43; THENCE N41'22'16"E 23.03 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 AND LOT 43 TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20,00 FEET; THENCE NORTHERLY 32.81 FEET ALONG EASTERLY LINE OF LOT 43 THROUGH A CENTRAL. ANGLE OF 9S`59'34" 1°0 A POINT ON A TANGENT• CURVE. CONCAVE SOUTHERLY HAVING_ A RADIUS OF 600.00 FEET' , A RADIAL. BEARING THROUGH.SAID POINT BEARS N37'22'42"E; THENCE WESTERLY 94.7'0 FRET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 43 THROUGH A CENTRAL ANGLE OF 9'02'36" TO A POINT AT. END OF SAID 1.00 FOOT STRIP, A RADIAL BEARING THROUGH SAID POINT BEARS N28'20"06"E, SAID END OF 1..00 STRIP PARALLEL TO AND 2.0 I•'EET EASTERLY Or THE WESTERLY LINE OF SAID LOT 43. p LAND SU YERA1b ENGINI:'ERING p � f6600 MAIN b7REET, SURE' 160 HQ 43 � * 1PNYWOMMMACH, CA A2698 ��� oourAtn eAly DAW G S 4683 Resolution No. 2019-77 i U _ Z � ' o O I.L. I C�U ooUJ C) � N aye g Cc; O 00 N pa �C m 0 1-- OF U� t o �_ M Y ar W oT ¢ �� th <O Y > 00 o Ld z LLi .4 cc V N V C� t .'6 ,QO'L d, •ayd 3.90t0t.8zN iSt/!l 2SlX3 � a ,91 ,D4'a Res. No. 2019-77 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on November 18, 2019 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize , Hardy NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Recorded in Official Records, Orange County PLEASE COMPLETE THIS INFORMATION Hugh Nguyen, Clerk-Recorder II I I 1��III 11� 11111111 I I 1�1 I II NO FEE RECORDING REQUESTED BY: * $ R 0 0 1 1 z 9 9 6 6 2 $ * City of Huntington Beach 2019000489800 3:22 pm 11/22/19 47422 R28 6 Huntington Beach, CA 92648 Attn: Robin Estanislau, City Clerk 47 4 0.00 0.00 0.00 15.00 4.00 0.000.000.00 0.00 AND WHEN RECORDED MAIL TO: THIS SPACE FOR RECORDER'S USE ONLY TITLE OF DOCUMENT: RESOLUTION NO. 2019-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT A STRIP OF CITY OWNED PROPERTY ADJACENT TO 743 13th STREET, HUNTINGTON BEACH, IS SURPLUS PROPERTY This docurnant is aaleiy for the Offki.i business of On Gty of Huntkpton Beach, n tontenvkm d under 60YOn"I m"It Code Sec.27383 and shouidU ncoraded free of charge. THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) ATTAC H M E N T #8 M p@ 1 1. I ��31'yl L T N T M r-I r M G ' L Q 4 m i tiw r, CLTA Guarantee Form No. 28(06-05-14)-Condition of Title CLTA GUARANTEE Guarantee No.: 91402-19-1625788-01 Agent's File No.: 91402-1625788-19 Nor NA T1 C NORTH AMERICAN TITLE INSURANCE COMPANY 1855 Gateway Boulevard, Suite 600, Concord, CA 94520 (925) 935-5599 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,AND THE GUARANTEE CONDITIONS ATTACHED HERETO AND MADE A PART OF THIS GUARANTEE, GUARANTEES the Assured named in Schedule A of this Guarantee against loss or damage not exceeding the Amount of Liability stated in Schedule A sustained by the Assured by reason of any incorrectness in the Assurances set forth in Schedule A. In witness whereof, North American Title Insurance has caused this policy to be signed and sealed as of the Date of Policy. Date of Guarantee: April 03,2019 NORTH AMERICAN TITLE INSURANCE COMPANY North American Title Company,Inc. BY �tr,x wx /'r�- ��,.`, Policy Issuing Agent Emilio Fernandez.PRESIDENT f j�"paA1Ptl}� %- ATTEST/ G �/ id'r f•"-i� .� •` Jefferson E.Howelh,SECRETARY r¢ Authorized Signature CLTA No.28 Condition of Title(06-05-14) North American Title Insurance Company Order No.: 91402-1625788-19 NATIC Page 1 CLTA Guarantee Form No. 28(06-05-14)-Condition of Title SCHEDULE A Condition of Title Guarantee Order No. 91402-1625788-19 Amount of Liability $2,500.00 Guarantee No. 91402-19-1625788-01 Fee$500.00 Date of Guarantee April 03, 2019 1. Name of Assured: Huntington Beach Capital Partners, Inc. 2. The estate or interest in the Land that is the subject of this Guarantee r(a:feDe The land described in this guarantee is situated in the Cit of Huntington, County of Orange, State of California, and is described as follows: THE SOUTH WESTERLY 1 FOOT OF CREST AVENUE LYING ADJACENT TO THE NORTH EASTERLY BOUNDARY OF LOT 43 IN BLOCK 713 OF WESLEY PARK SECTION, HUNTINGTON BEACH, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. Note 1: The above legal description is for the sole purpose of use in this report and may not be considered for use in any policy of title insurance to be issued by this company, and is subject to change at a any time. Note 2: This (pro-forma) preliminary report is issued in anticipation of documents to be recorded in the Office of County Recorder for Orange County and is subject to change upon the examination of such documents. Note 3: Any policy of title insurance based on this preliminary report will be subject to any intervening matters that have not been disposed of to the satisfaction of this company. 3. Assurances: According to the Public Records as of the Date of Guarantee, (a) Title to said estate or interest in the Land is vested in: The Cton each, a ity of Hunting Municipal Corporation - (b) Title to said estate or interest is subject to the defects, liens, encumbrances or other matters shown in Schedule B, which are not necessarily shown in the order of their priority. CLTA No.28 Condition of Title(06-05-14) North American Title Insurance Company Order No.: 91402-1625788-19 NATIC Page 2 CLTA Guarantee Form No. 28(06-05-14)-Condition of Title Guarantee No. 91402-19-1625788-01 SCHEDULE B 1. General and special taxes and assessments for the fiscal year 2019-2020, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2018-2019 are exempt. Affects: Crest Avenue 3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 4. Water rights, claims or title to water, whether or not shown by the public records. 5. Any and all offers of dedications, conditions, restrictions, easements, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description, including but not limited to: Easement for Public Use, Streets, Water, Sewer and Gas Pipes,Telephone,Telegraph Electric Lines and Poles, Rail Roads, Conduits and all other Public Utilities and incidental purposes affecting As described therein . 6. The fact that the land lies within the boundaries of the Amended/Merged Huntington Beach Redevelopment Project Area, as disclosed by the document recorded December 17, 1996 as Instrument No. 19960634645 of Official Records. 7. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 8. Easements, claims of easement or encumbrances which are not shown by the public records. 9. With respect to The City of Huntington Beach, a Municipal Corporation,we will require a certified copy of a resolution of the Board of Directors determining that the land is not necessary or useful in the performance of its duties to the public, authorizing the transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. CLTA No.28 Condition of Title(06-05-14) North American Title Insurance Company Order No.: 91402-1625788-19 NATIC Page 3 CLTA Guarantee Exclusions and Conditions(06-05-14) EXCLUSIONS FROM COVERAGE Except as expressly provided by the assurances in Schedule A,the Company assumes no liability for loss or damage by reason of the following: (a) Defects,liens,encumbrances,adverse claims or other matters affecting the title to any property beyond the lines of the Land. (b) Defects,liens,encumbrances,adverse claims or other matters,whether or not shown by the Public Records(1)that are created, suffered,assumed or agreed to by one or more of the Assureds;or(2)that result in no loss to the Assured. (c) Defects,liens,encumbrances,adverse claims or other matters not shown by the Public Records. (d) The identity of any party shown or referred to in any of the schedules of this Guarantee. (e) The validity,legal effect or priority of any matter shown or referred to in any of the schedules of this Guarantee. (f) (1)Taxes or assessments of any taxing authority that levies taxes or assessments on real property;or,(2)proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not the matters excluded under(1)or(2) are shown by the records of the taxing authority or by the Public Records. (g) (1)Unpatented mining claims;(2)reservations or exceptions in patents or in Acts authorizing the issuance thereof;(3)water rights, claims or title to water,whether or not the matters excluded under(1),(2)or(3)are shown by the Public Records. GUARANTEE CONDITIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute Actions;Duty of The following terms when used in the Guarantee mean: Assured to Cooperate. (a) the "Assured": the party or parties named as the Even though the Company has no duty to defend or prosecute as set Assured in Schedule A, or on a supplemental writing forth in Paragraph 3 above: executed by the Company. (a) The Company shall have the right,at its sole option and cost,to (b) "Land": the Land described or referred to in Schedule institute and prosecute any action or proceeding, interpose a A, and improvements affixed thereto which by law defense, as limited in Paragraph 4 (b), or to do any other act constitute real property. The term "Land" does not which in its opinion may be necessary or desirable to establish include any property beyond the lines of the area the correctness of the assurances set forth in Schedule A or to described or referred to in Schedule A,nor any right, prevent or reduce loss or damage to the Assured. The Company title, interest,estate or easement in abutting streets, may take any appropriate action under the terms of this roads,avenues,alleys,lanes,ways or waterways. Guarantee,whether or not it shall be liable hereunder,and shall (c) "Mortgage": mortgage, deed of trust,trust deed,or not thereby concede liability or waive any provision of this other security instrument. Guarantee. If the Company shall exercise its rights under this (d) "Public Records": those records established under paragraph,it shall do so diligently. California statutes at Date of Guarantee for the (b) If the Company elects to exercise its options as stated in purpose of imparting constructive notice of matters Paragraph 4(a)the Company shall have the right to select counsel relating to real property to purchasers for value and of its choice (subject to the right of the Assured to object for without knowledge. reasonable cause)to represent the Assured and shall not be liable (e) "Date of Guarantee": the Date of Guarantee set forth for and will not pay the fees of any other counsel, nor will the in Schedule A. Company pay any fees,costs or expenses incurred by an Assured (f) "Amount of Liability":the Amount of Liability as stated in the defense of those causes of action which allege matters not in Schedule A. covered by this Guarantee. (c) Whenever the Company shall have brought an action or 2. Notice of Claim to be Given by Assured. interposed a defense as permitted by the provisions of this The Assured shall notify the Company promptly in writing Guarantee, the Company may pursue any litigation to final in case knowledge shall come to the Assured of any determination by a court of competent jurisdiction and expressly assertion of facts, or claim of title or interest that is reserves the right,in its sole discretion,to appeal from an adverse contrary to the assurances set forth in Schedule A Schedule judgment or order. A and that might cause loss or damage for which the (d) In all cases where this Guarantee permits the Company to Company may be liable under this Guarantee. If prompt prosecute or provide for the defense of any action or proceeding, notice shall not be given to the Company,then all liability the Assured shall secure to the Company the right to so prosecute of the Company shall terminate with regard to the matter or provide for the defense of any action or proceeding, and all or matters for which prompt notice is required; provided, appeals therein, and permit the Company to use, at its option, however,that failure to notify the Company shall in no case the name of the Assured for this purpose. Whenever requested prejudice the rights of the Assured under this Guarantee by the Company, the Assured, at the Company's expense, shall unless the Company shall be prejudiced by the failure and give the Company all reasonable aid in any action or proceeding, then only to the extent of the prejudice. securing evidence,obtaining witnesses,prosecuting or defending the action or lawful act which in the opinion of the Company may 3. No Duty to Defend or Prosecute. be necessary or desirable to establish the correctness of the The Company shall have no duty to defend or prosecute assurances set forth in Schedule A or to prevent or reduce loss or any action or proceeding to which the Assured is a party, damage to the Assured.. If the Company is prejudiced by the notwithstanding the nature of any allegation in such action failure of the Assured to furnish the required cooperation, the or proceeding. Company's obligations to the Assured under the Guarantee shall terminate. CLTA No.28 Condition of Title(06-05-14) North American Title Insurance Company Order No.: 91402-1625788-19 NATIC Page 4 S. Proof of Loss or Damage. Upon the exercise by the Company of either of the options provided (a) In the event the Company is unable to determine the for in 6(a),(b)or(c)of this paragraph the Company's obligations to amount of loss or damage,the Company may,at its the Assured under this Guarantee for the claimed loss or damage, option, require as a condition of payment that the other than the payments required to be made, shall terminate, Assured furnish a signed proof of loss.The proof of including any duty to continue any and all litigation initiated by the loss must describe the defect, lien,encumbrance,or Company pursuant to Paragraph 4. other matter that constitutes the basis of loss or damage and shall state, to the extent possible, the 7. Limitation of Liability. basis of calculating the amount of the loss or damage. (a) This Guarantee is a contract of Indemnity against actual (b) In addition,the Assured may reasonably be required monetary loss or damage sustained or incurred by the Assured to submit to examination under oath by any claimant who has suffered loss or damage by reason of reliance authorized representative of the Company and shall upon the assurances set forth in Schedule A and only to the produce for examination, inspection and copying, at extent herein described, and subject to the Exclusions From such reasonable times and places as may be Coverage of this Guarantee. designated by any authorized representative of the (b) If the Company, or the Assured under the direction of the Company, all records, books, ledgers, checks, Company at the Company's expense,removes the alleged defect, correspondence and memoranda,whether bearing a lien or,encumbrance or cures any other matter assured against date before or after Date of Guarantee, which by this Guarantee in a reasonably diligent manner by any reasonably pertain to the loss or damage. Further,if method, including litigation and the completion of any appeals requested by any authorized representative of the therefrom, it shall have fully performed its obligations with Company, the Assured shall grant its permission, in respect to that matter and shall not be liable for any loss or writing, for any authorized representative of the damage caused thereby. Company to examine, inspect and copy all records, (c) In the event of any litigation by the Company or with the books, ledgers, checks, correspondence and Company's consent,the Company shall have no liability for loss memoranda in the custody or control of a third party, or damage until there has been a final determination by a court which reasonably pertain to the loss or damage. All of competent jurisdiction, and disposition of all appeals information designated as confidential by the Assured therefrom. provided to the Company pursuant to this paragraph (d) The Company shall not be liable for loss or damage to the shall not be disclosed to others unless, in the Assured for liability voluntarily assumed by the Assured in settling reasonable judgment of the Company,it is necessary any claim or suit without the prior written consent of the in the administration of the claim. Failure of the Company. Assured to submit for examination under oath, produce other reasonably requested information or B. Reduction of Liability or Termination of Liability. grant permission to secure reasonably necessary All payments under this Guarantee,except payments made for costs, information from third parties as required in the attorneys'fees and expenses pursuant to Paragraph 4 shall reduce the above paragraph, unless prohibited by law or Amount of Liability under this Guarantee pro tanto. governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured 9. Payment of Loss. for that claim. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost 6. Options to Pay or Otherwise Settle Claims: or destroyed, in which case proof of loss or destruction shall be Termination of Liability. furnished to the satisfaction of the Company. In case of a claim under this Guarantee,the Company shall (b) When liability and the extent of loss or damage has been have the following additional options: definitely fixed in accordance with these Conditions, the loss or (a) To pay or tender payment of the Amount of Liability damage shall be payable within thirty(30)days thereafter. together with any costs, attorneys' fees, and expenses incurred by the Assured that were 10.Subrogation Upon Payment or Settlement. authorized by the Company up to the time of payment Whenever the Company shall have settled and paid a claim under this or tender of payment and that the Company is Guarantee, all right of subrogation shall vest in the Company obligated to pay. unaffected by any act of the Assured claimant. (b) To pay or otherwise settle with the Assured any claim assured against under this Guarantee. In addition, The Company shall be subrogated to and be entitled to all rights and the Company will pay any costs,attorneys'fees,and remedies which the Assured would have had against any person or expenses incurred by the Assured that were property in respect to the claim had this Guarantee not been issued. authorized by the Company up to the time of payment If requested by the Company, the Assured shall transfer to the or tender of payment and that that the Company is Company all rights and remedies against any person or property obligated to pay;or necessary in order to perfect this right of subrogation. The Assured (c) To pay or otherwise settle with other parties for the shall permit the Company to sue,compromise or settle in the name of loss or damage provided for under this Guarantee, the Assured and to use the name of the Assured in any transaction or together with any costs, attorneys' fees, and litigation involving these rights or remedies. expenses incurred by the Assured that were authorized by the Company up to the time of payment If a payment on account of a claim does not fully cover the loss of the and that the Company is obligated to pay. Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest,and costs of collection. CLTA No.28 Condition of Title(06-05-14) North American Title Insurance Company Order No.: 91402-1625788-19 NATIC Page 5 11. Arbitration. 13. Severability Either the Company or the Assured may demand that the In the event any provision of this Guarantee, in whole or in part, is claim or controversy shall be submitted to arbitration held invalid or unenforceable under applicable law,the Guarantee shall pursuant to the Title Insurance Arbitration Rules of the be deemed not to include that provision or such part held to be invalid, American Land Title Association ('Rules"). Except as but all other provisions shall remain in full force and effect. provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other 14. Choice of Law;Forum persons. Arbitrable matters may include, but are not (a) Choice of Law: The Assured acknowledges the Company has limited to,any controversy or claim between the Company underwritten the risks covered by this Guarantee and determined and the Assured arising out of or relating to this the premium charged therefor in reliance upon the law affecting Guarantee,any service of the Company in connection with interests in real property and applicable to the interpretation, its issuance or the breach of a Guarantee provision,or to rights,remedies,or enforcement of Guaranties of the jurisdiction any other controversy or claim arising out of the where the Land is located. transaction giving rise to this Guarantee. All arbitrable matters when the amount of liability is$2,000,000 or less Therefore, the court or an arbitrator shall apply the law of the shall be arbitrated at the option of either the Company or jurisdiction where the Land is located to determine the validity of the Assured. All arbitrable matters when the amount of claims that are adverse to the Assured and to interpret and liability is in excess of$2,000,000 shall be arbitrated only enforce the terms of this Guarantee. In neither case shall the when agreed to by both the Company and the Assured. court or arbitrator apply its conflicts of law principles to determine Arbitration pursuant to this Guarantee and under the Rules the applicable law. shall be binding upon the parties. Judgment upon the (b) Choice of Forum: Any litigation or other proceeding brought by award rendered by the Arbitrator(s)may be entered in any the Assured against the Company must be filed only in a state or court of competent jurisdiction. federal court within the United States of America or its territories having appropriate jurisdiction. 12. Liability Limited to This Guarantee; Guarantee Entire Contract. 15. Notices,Where Sent. (a) This Guarantee together with all endorsements, if All notices required to be given the Company and any statement in any, attached hereto by the Company is the entire writing required to be furnished the Company shall include the number Guarantee and contract between the Assured and the of this Guarantee and shall be addressed to the Company at North Company. In interpreting any provision of this American Title Insurance Company,Attn: Claims, 1855 Gateway Guarantee, this Guarantee shall be construed as a Boulevard, Suite 600, Concord, CA 94520 (800) 869-3434 whole. Western States or(800)374-8475 Eastern States. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President,a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. JINAT/C NOUN AMERICAN TITLE INSURANCE COMPANY CLTA No.28 Condition of Title(06-05-14) North American Title Insurance Company Order No.: 91402-1625788-19 NATIC Page 6 Privacy i-oliev Rev.01/07/2019 The States Title Family of Companies WHAT DOES THE STATES TITLE FAMILY OF COMPANIES DO WITH YOUR PERSONAL INFORMATION? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some, but not all,sharing. Federal law also requires us to tell you how we collect,share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: • Social Security number and income • Transaction history and payment history • Purchase history and account balances All financial companies need to share customers' personal information to run their everyday business. In the section below,we list the reasons financial companies can share their customers' personal information,the reasons the States Title Family of Companies("ST") chooses to share,and whether you can limit this sharing. Reasons we can share your personal information DoesST Can you limit share? this sharing? For our everyday business purposes Yes No Such as to process your transactions, maintain your account(s), respond to court orders and legal investigations,or report to credit bureaus For our marketing purposes Yes No To offer our products and services to you For joint marketing with other financial companies No We don't share For our affiliates'everyday business purposes Yes No Information about your transactions and experiences For our affiliates'everyday business purposes No We don't share Information about your creditworthiness For our affiliates to market to you No We don't share For nonaffiliates to market to you No We don't share Call 1(650)419-3827 Page 2 Who we are Who is providing this notice? 7TheStates Title Family of Companies(identified below),which offers insurance and settlement services. What we do How does ST protect my personal To protect your personal information from unauthorized access and information? use,we use security measures that comply with federal law. These measures include computer safeguards and secure files and buildings. How does ST collect my personal We collect your personal information,for example,when you information? • Apply for insurance; • Apply for financing; • Give us your contact information • Provide your mortgage information • Show your government-issued ID We also collect your personal information from others,such as credit bureaus,affiliates,or other companies. Why can't I limit all sharing? Federal law gives you the right to limit only • Sharing for affiliates'everyday business purposes— information about your creditworthiness • Affiliates from using your information to market to you • Sharing for nonaffiliates to market to you State laws and individual companies may give you additional rights to limit sharing. What happens when I limit sharing Your choices will apply to everyone on your account—unless you tell us for an account I hold jointly with otherwise. someone else? Definitions Affiliates Companies related by common ownership or control. They can be financial and nonfinancial companies. Nonaffiliates Companies not related by common ownership or control. They can be financial and nonfinancial companies. • Nonaffiliates we share with can include collection agencies, IT service providers,companies that perform marketing services on our behalf,and consumer reporting agencies. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products or services to you. • ST doesn't jointly market. The States Title Family of Companies consists of the following entities: States Title Holding Inc. North American Title Company States Title, Inc. North American Title Company, Inc. States Title Insurance Company North American Title Company of Colorado States Title Insurance Company of California North American Title Insurance Company States Title Agency, Inc. North American Services, LLC Spear Agency Acquisition Inc. North American Title Agency, Inc. Title Agency Holdco, LLC North American Title, LLC North American Title Company, LLC NASSA LLC North American Asset Development, LLC �. U z � p 40 >- U Z ,6014 3A9L,ZZ.1VN >nVAk3QIS 1 a six; � W 0 Q4'tl �0 0 m0N O w CD X., O t=- o 0 II--ly ! o o "2 3-Q } _j M Lli C? d nui \"• Q 7 '©YU i hV-Y ISIX3 z a, 1 Q 0 r Z 0O t� UA Exhibit A SHEET 1 OF 1 LEGAIL DESCRIPTION: THAT PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP OF WESLEY PARK SECTION, HUNTINGTON BEACH, FILED I IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: A 1.00 FOOT STRIP OF LAND ADJACENT TO THE EASTERLY AND NORTHERLY DINE OF LOT 41 AND LOT 43, BLOCK 713 OF SAID WESLEY PARK SECTION, THE WESTERLY AND SOUTHERLY LINE OF SAID 1.00 FOOT STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING ON A POINT ON THE EASTERLY LINE OF SAID LOT 41. 5.00 FEET SOUTHWESTERLY OF THE: SOUTHEASTERLY CORNER OF SAID 'LOT 43; THENCE N41"22'1 S"E 23.03 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 AND LOT 43 TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY 3 .81 FEET' ALONG EASTERLY LINE OF LOT 43 THROUGH A CENTRAL ANGLE OF 03'59'34" TO A POINT ON A TANGENT. CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 600.00 FEET, A RADIAL. BEARING THROUGH SAID POINT BEARS N37`22'42"E; THENCE WESTERLY 94.70 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 43 THROUGH A CENTRAL ANGLE OF 9`02'36" TO A POINT AT. END OF SAID 1.00 FOOT STRIP, A RADIAL. BEARING THROUGH SAID POINT BEARS N28'20'06"E, SAID END OF 1.00 STRIP PARALLEL TO AND 2.50 FEET EASTERLY Or THE WESTERLY LINE OF SAID LOT 43. PREPARED BY, MERALD ENGINEERING G' 16606 MAIN STREET, SUITE 160 Na.dt 3 HUNRlNGTON BEACH, CA 92648 / y fell OPPCA L.S. 4683 ATTAC H M E N T #6 AGREEMENT FOR SALE OF SURPLUS REAL PROPERTY AND ESCROW INSTRUCTIONS BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND DAWN MICHIKO SHIMODA AND NAOMI SHIMODA This Sales Agreement ("Agreement") is made and entered into on this 20th day of June, 2019, by and between the City of Huntington Beach, a California municipal corporation, ("City") and Dawn Michiko Shimoda and Naomi Shimoda, ("Buyers") collectively the "Parties." WHEREAS, the City owns that certain real property located in the City of Huntington Beach, Orange County, California, generally located at 743 131" St. (APN 023-094-01), which pursuant to Huntington Beach Municipal Code Chapter 3.06 has been determined to be surplus real property and available for disposal; and The City Council authorized the disposal of the surplus real property on January 23, 2019. NOW, THEREFORE, in consideration of the foregoing recitals and for other good and valuable consideration, the Parties agree as follows: 1. PROPERTY 1.1 Property. City agrees to sell and convey to Buyer, and Buyer agrees to purchase from City, the real property (Property), hereinafter described, subject to the terms and conditions set forth in this Agreement. The real property that is the subject of this offer consists of approximately 1� square feet located in the City of Huntington Beach, County of Orange, State of California and legally described in the attached Exhibits L. 2. PURCHASE PRICE 2.1 Purchase Price. The total purchase price to be paid by Buyer to City for Property shall be Two Thousand Two Hundred Fifty 00/100 Dollars ($2,250). 2.2 Payment of the Purchase Price. The Purchase Price for the Property shall be payable by Buyer as follows: Upon the Close of Escrow, Buyer shall deposit or cause to be deposited with Commonwealth Title,Newport Beach office, in cash or by a certified or bank cashier's check made payable to Common Wealth Escrow or a confirmed wire transfer of funds, the Purchase Price plus Escrow Holder's estimate of Buyer's closing costs, pro-rations and charges payable pursuant to this Agreement. All escrow, recording and title insurance costs to be paid by Buyer. 3. CONDITIONS OF SALE 3.1 Buyer's Costs. Buyer shall pay all recording fees, documentary transfer taxes, escrow fees, policies of title insurance, and any other costs connected with the closing of this transaction. Buyer and City agree to execute and deliver all further documents and instruments reasonably required by the escrow holder or Title Company. City shall deliver or cause to be delivered to escrow holder in time for delivery to Buyer at the closing an original ink signed Grant Deed, duly executed and in recordable form, conveying fee title to the Property to Buyer. 19-7675/208851 1 3.3 Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received an executed counterpart of this Agreement from both Buyer and City ("Opening Date"). Escrow Holder shall notify Buyer and City, in writing, of the date Escrow is opened and the Closing Date, as defined in Paragraph 3.4, below. In addition, Buyer and City agree to execute, deliver, and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not conflict with, amend, or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. 3.4 Close of Escrow For purposes of this Agreement, "Close of Escrow" shall be defined as the date that the Grant Deed, conveying the Property to Buyer, is recorded in the Official Records of Orange County, California. This Escrow shall close within sixty (60) days of the Opening Date ("Closing Date"). 3.5 Conditions of Title It shall be a condition to the Close of Escrow and a covenant of City that title to the Property shall be conveyed to Buyer by City by the Grant Deed, subject only to the following Approved Conditions of Title ("Approved Condition of Title"): 3.5.1 Matters affecting the Approved Condition of Title created by or with the written consent of Buyer. 3.5.2 Exceptions which are disclosed by the Report described in Paragraph 3.7.1 hereof and which are approved or deemed approved by Buyer in accordance with Paragraph 3.7.1 hereof. . City covenants and agrees that during the term of this Escrow. City will not cause or permit title to the Property to differ from the Approved Condition of Title described in this Paragraph. Any liens, encumbrances, easements, restrictions, conditions, covenants, rights, rights- of-way, or other matters affecting the Approved Condition of Title which may appear of record or be revealed after the date of the Report described in Paragraph 3.7.1 below, shall also be subject to Buyer's approval and must be eliminated or ameliorated to Buyer's satisfaction by City prior to the Close of Escrow as a condition to the Close of Escrow for Buyer's benefit. 3.6 Title Policy Title shall be evidenced by the willingness of the Title Company to issue its CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy"') in the amount of the Purchase Price showing title to the Property vested in Buyer subject only to the Approved Condition of Title. 3.7 Conditions to Close of Escrow 3.7.1. Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Buyer's benefit on or prior to the dates designated below for the satisfaction of such conditions: (a) Preliminary Title Report and Exceptions. Immediately after escrow is opened as provided herein, Buyer agrees to cause Commonwealth Title to issue a Preliminary Title Report relating to the Property. Within fifteen (15) days after escrow has been opened, the Buyer will cause Commonwealth Title to issue an Amendment to Escrow Instructions, which indicates those title exceptions that the Buyer will accept. City will have ten (10) days after receipt of such amendment to review and approve it. In the event of non - 19-7675/208851 2 approval, escrow will fail and each party will instruct Commonwealth Title to cancel the escrow. (b) Representations, Warranties, and Covenants of City. City shall have duly performed each and every agreement to be performed by City hereunder and City's representations, warranties, and covenants set forth in Paragraph 4 shall be true and correct as of the Closing Date. (c) No Material Changes. At the Closing Date, there shall have been no material adverse changes in the physical or financial condition of the Property. (d) Inspections and Studies. On or before thirty (30) days after Opening Date ("Due Diligence Period"), Buyer shall have approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to governmental regulations, engineering tests, soil and structure investigation and analysis, seismic and geologic reports) with respect to the Property (including all structural and mechanical systems and leased areas) as Buyer may elect to make or obtain. The failure of Buyer to disapprove said results on or prior to the expiration of the Due Diligence Period shall be deemed to constitute Buyer's approval of the results. The cost of any such inspections, tests and studies shall be borne by Buyer. During the term of this Escrow, Buyer, its agents, contractors and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours, to make any and all inspections and tests as may be necessary or desirable in Buyer's sole judgment and discretion. Buyer shall use care and consideration in connection with any of its inspections. Buyer shall indemnify and hold City and the Property harmless from any and all damage arising out of, or resulting from the negligence of Buyer, its agents, contractors and/or subcontractors in connection with such entry and/or activities upon the Property. Buyer will provide City, upon request, at no cost, copies of any Buyer's investigation reports obtained by the Buyer, if any. (e) The property is sold "as is," in its present condition as of the date of acceptance subject to the Buyer's investigation rights. 3.7.2 Conditions to City's Obligation. For the benefit of City, the Close of Escrow shall be conditioned upon the occurrence and/or satisfaction of each of the following conditions (or City's waiver thereof, it being agreed that City may waive any or all of such conditions): (a) Buyer's Obligations. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer, and (b) Buyer's Representations. All representations and warranties made by Buyer to City in this Agreement shall be true and correct as of the Close of Escrow. 3.8 Deposits by City. At least one (1) business day prior to the Close of Escrow, City shall deposit or cause to be deposited with Escrow Holder the Grant Deed conveying the Property to Buyer duly executed by City, acknowledged and in recordable form. 3.9 Deposits by Buyer. Buyer shall deposit, or cause to be deposited with Escrow Holder, the funds which are to be applied toward the payment of the Purchase Price in 19-7675/208851 3 the amounts and at the times if designated herein (as reduced or increased by the pro- rations, debits and credits hereinafter provided). 3.10 Costs and Expenses. The cost and expense of the Title Policy attributable to CLTA coverage shall be paid by Buyer. The escrow fee of Escrow Holder shall be paid by Buyer. Buyer shall pay all documentary transfer taxes, if any, payable in connection with the recordation of the Grant Deed. The amount of such transfer taxes shall not be posted on the Grant Deed, but shall be supplied by separate affidavit. Buyer shall pay the Escrow Holder's customary charges to Buyer and City for document drafting, recording, and miscellaneous charges. If, as a result of no fault of Buyer or City, Escrow fails to close, Buyer shall pay all of Escrow Holder's fees and charges. Penalties for prepayment of bona fide obligations secured by any existing Deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. 3.11. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, the Escrow holder shall promptly undertake all of the following in the manner indicated: 3.11.1 Recording. Cause the Grant Deed and any other documents, which the parties hereto may mutually direct, to be recorded in the Official Records of Orange County, California, in the order set forth in this subparagraph. Escrow Holder is instructed not to affix the amount of documentary transfer tax (if any) on the face of the Deed, but to supply same by separate affidavit. 3.11.2 Funds. Disburse from funds deposited by Buyer, with Escrow Holder toward payment of all items chargeable to the account of Buyer, pursuant thereto in payment of such costs, and disburse the balance of such funds, if any, to Buyer. 3.11.3 Documents to Buyer. Deliver when issued, the Title Policy to buyer Pay demands of existing lienholders. 3.11.4 Pay Demands of existing lienholders. Escrow Holder is hereby authorized and instructed to cause the reconveyance, or partial reconveyance, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 4. CITY'S REPRESENTATIONS,WARRANTIES, AND DISCLOSURES. In Addition to any express agreements of City contained herein, the following constitute representations and warranties of City to Buyer, of this Agreement: 4.1 Reliability of Information. City obtained the information contained in this Agreement from sources deemed reliable; however, City makes no guarantees as to the accuracy of the information provided. 4.2 Authority of State. City is a government entity, duly organized and validly existing under the laws of the State of California. City has full power and authority to own, sell, and convey the Property to Buyer and to enter into and perform its obligations pursuant to this Agreement. 4.3 Taxes. City is exempt from property taxes and assessments and none are or will be owing at close of escrow. 19-7675/208851 4 4.4 Disclosures. Buyer acknowledges that Buyer is purchasing the Property solely in reliance on Buyer's own investigations. No representations or warranties of any kind whatsoever, expressed or implied, have been made by City, City's agents, or employees, including in any investigations, studies or documents identified under Section 4.6 below. Buyer further acknowledges and warrants that as of the close of escrow Buyer will be aware of all zoning regulations, other governmental requirements, site and physical conditions (including the presence of hazardous materials or other adverse environmental conditions), and other matters affecting the use and condition of the Property including any investigations, studies, and documents identified in section 4.6. Buyer agrees to purchase the Property in the condition that it is in at close of escrow, subject, however, to Buyer's right to terminate should the Property be damaged or destroyed by causes other than causes attributable to Buyer's entry on the Property and inspections ordered by Buyer prior to close of escrow. Buyer shall be responsible at Buyer's sole expense for any or all remediation required to make Property usable for Buyer's intended purpose. 4.5 As-Is Purchase. Except as provided in paragraph 4.4, Buyer specifically acknowledges and agrees that City will sell and Buyer will purchase the Property on an "as-is with all faults" basis, and that having been given the opportunity to inspect the Property and review information and documentation affecting the Property, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, from City or its agents as to any matters concerning the Property, including without limitation: (i.) the quality, nature, adequacy, and physical condition of the Property including soils, geology, and any groundwater; (ii.) the existence, quality, nature, adequacy, and physical condition of utilities serving the Property; d(iii.) the development potential of the Property and the Property's use, merchantability, fitness, suitability, value, or adequacy of the Property for any particular purpose; (iv.) the zoning or other legal status of the Property or any other public or private restrictions on use of the Property; (v.) the compliance of the Property or its operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions. and restrictions of any governmental or quasi-governmental entity or of any other person or entity; (vi.) the presence of hazardous materials on, under, or about the Property or the adjoining or neighboring property; (vii.) the condition of title to the Property; and (viii.) the economics of the operation of the Property. 4.6 Existing Investigations, Studies, and Documents. Buyer has knowledge that the city has not conducted any investigations, studies, and documents as provided by City in connection with his/her decision to purchase the Property. City makes no representations or warranties nor expresses or implies any opinion concerning their accuracy. 4.7 Absence of Fraud and Misleading Statements. To the best of City's knowledge, no statement of City in this Agreement or in any document, certificate, or schedule furnished or to be furnished to Buyer pursuant hereto or in connection with the transaction contemplated hereby contains any untrue statement of material fact. 4.8 General Representation. No representation, warranty or statement of City in this Agreement or in any document, certificate or schedule furnished or to be furnished to Buyer pursuant hereto contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements or facts contained therein not misleading. City's representations and warranties made in this Agreement shall be continuing and shall be true and correct as of the date of the close of escrow with the sanle force and effect as if remade by City in a separate certificate at that time. The truth and accuracy of City's representations and warranties made herein shall constitute a condition for the benefit of Buyer to the close of escrow (as elsewhere provided herein) and shall not merge into the close of escrow or the recordation of the Grant Deed in 19-7675/208851 5 the Official Records, and shall survive the close of escrow. 5. BUYER'S REPRESENTATIONS AND WARRANTIES. In addition to any express agreements of Buyer contained herein, the following constitute representations and warranties of Buyer to City; of this Agreement: 5.1 Representations Regarding Buyer's Authority. (a) Buyer has the legal power, right and authority to enter into this Agreement and the instruments referenced herein, and to consummate the transactions contemplated hereby. (b) The individuals executing this Agreement and the instruments referenced herein on behalf of Buyer have the legal power, right, and actual authority to bind Buyer to the terms and conditions hereof and thereof. (c) This Agreement is, and all other instruments, documents and agreements required to be executed and delivered by Buyer in connection with this Agreement are and shall be, duly authorized, executed and delivered by Buyer and shall be valid, legally binding obligations of and enforceable against Buyer in accordance with their terms. (d) All requisite action (corporate, trust, partnership or otherwise) has been taken by Buyer in connection with the entering into this Agreement, the instruments referenced herein, and the consummation of the transactions contemplated hereby. No consent of any partner, shareholder, creditor, investor,judicial or administrative body, authority other party is required. (e) Neither the execution and delivery of this Agreement and documents referenced herein, nor the incurrence of the obligations set forth herein, nor the consummation of the transactions herein contemplated, nor compliance with the tem 1 s of this Agreement and the documents referenced herein conflict with or result in the material breach of any terms, conditions or provisions of, or constitute a default under, any bond, note, or other evidence of indebtedness or any contract, indenture, mortgage, Deed of trust, loan, partnership agreement, lease or other agreements or instruments to which Buyer is a party or affecting the Property. 5.2 General Representation. No representation, warranty or statement of Buyer in this Agreement or in any document, certificate or schedule furnished or to be furnished to City pursuant hereto contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements or facts contained therein not misleading. Buyer's representations and warranties made in this Agreement shall be continuing and shall be true and correct as of the date of the close of escrow with the same force and effect as if remade by Buyer in a separate certificate at that time. The truth and accuracy of Buyer's representations and warranties made herein shall constitute a condition for the benefit of City to the close of escrow (as elsewhere provided herein) and shall not merge into the close of escrow or the recordation of the Grant in the Official Records, and shall survive the close of escrow. 6. DUE DILIGENCE. 6.1 Buyer's Investigation of Property Condition. Real property often contains defects and conditions which are not readily apparent and which may affect the value or desirability of the Property. Therefore, it is the affirmative duty of Buyer to exercise reasonable care to discover those facts which are unknown to Buyer or within the diligent attention and observation of Buyer. Buyer agrees to provide to City, at no cost, upon request of City, complete copies of all inspection reports obtained by Buyer concerning the Property. 19-7675/208851 6 6.2 Buyer's Acceptance of Property Condition. Buyer's acceptance of the condition of the Property is a contingency of this Agreement; accordingly, Buyer shall have the right to conduct inspections, investigations, tests, surveys, and other studies at Buyer's expense. Buyer is strongly advised to exercise these rights and select professionals with appropriate qualifications to conduct inspections of the entire Property. If Buyer does not exercise these rights, Buyer is acting against the advice of City. 6.3 Scope of Buyer's Investigations. Buyer agrees and warrants, or by the failure to do so shall have waived any rights to do so hereunder, that at close of escrow Buyer shall have investigated the condition and suitability of all aspects of the Property and all matters affecting the value or desirability of the Property, including but not limited to the following: 6.3.1 Condition of systems and components. Foundation, plumbing, siding, electrical, heating, mechanical, roof, air conditioning, built-in appliances, security, and any other structural or nonstructural systems and components, and the energy efficiency of the Property. 6.3.2 Size and age of improvements. Room count, room dimensions, square footage in improvement, lot size, and age of the improvements. 6.3.3 Lines and boundaries. Property lines and boundaries. 6.3.4 Waste disposal. Type, size, adequacy, and condition of sewer and/or septic systems and components. 6.3.5 Governmental requirements and limitations. Availability of required governmental permits, inspections, certificates, or other determinations affecting the Property, including historical significance. Any limitations, restrictions, zoning, building size requirements, or other requirements effecting the current or future use or development of the Property. 6.3.6 Rent and occupancy controls. Any restrictions that may limit the amount of rent that can legally be charged and the maximum number of persons who can lawfully occupy the Property. 6.3.7 Water and utilities; well systems and components. Availability, adequacy, and condition of public or private systems. 6.3.8 Environmental hazards. The presence of asbestos, formaldehyde, radon, methane, other gases, lead based paint, other lead contamination, fuel or chemical storage tanks, waste disposal sites, electromagnetic fields, and other substances, materials, products, or conditions. 6.3.9 Geologic/seismic conditions, soil stability/suitability, and drainage. 6.3.10 Neighborhood, area, subdivision requirements. Neighborhood or area conditions including schools; proximity and adequacy of law enforcement; proximity to commercial, industrial, or agricultural activities; crime statistics; fire protection; other governmental services; existing and proposed transportation; construction and development which may affect noise, view or traffic; airport noise; and noise or odor from any source,wild or domestic. 6.3.11 Matters of record. Covenants, conditions, and restrictions; Deed restrictions; easements; and other title encumbrances of record. 19-7675/208851 7 6.3.12 Other matters. Any and all other matters such as availability of suitable public infrastructure, assessment, other special service districts, and soil or other conditions on the Property, not herein listed, which are or may be pertinent to Buyer's purpose for acquiring the Property. 7. INDEMNIFICATION. Buyer shall defend, indemnify, and hold the City harmless from and against any and all claims, liabilities, obligations, losses, damages, costs, and expenses, including, but not limited to, attorney's fees, court costs, and litigation expenses that City may incur or sustain by reason of or in connection with any misrepresentation made by the Buyer pursuant to this Agreement. 8. MINERAL RESERVATIONS. City shall retain all mineral rights in the Property, and the Grant Deed shall contain the following language: "EXCEPTING therefrom all oil, gas and other hydrocarbon substances and minerals lying below a depth of 500 feet from the surface of said land, but without the right of surface entry at any time upon said land or within the top 500 feet thereof, for the purpose of exploiting, developing, producing, removing and marketing said substances." 9. PRIOR AGREEMENTS. This Agreement, in effect as of the Date of Agreement, supersedes any and all prior agreements (if any) between City and Buyer regarding purchase and sale of the Property. 10. NOTICES. Any notice, tender, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered, mailed or sent by wire or other telegraphic communication in the manner provided in this Agreement, to the following persons: If to City: If to Buyer: City of Huntington Beach Dawn Shimoda Attn: OBE 11639 Corinth Cir. 2000 Main Street, 5t" Floor Fountain Valley, CA 92708 Huntington Beach, CA 92647 19-7675/208851 8 11. CALCULATION OF TIME. Under this Agreement, when the day upon which performance would otherwise be required or permitted is a Saturday, Sunday or holiday, then the time for performance shall be extended to the next day which is not a Saturday, Sunday or holiday. The term "holiday" shall mean all and only those State holidays specified in Sections 6700 and 7701 of the California Government Code. 12. TIME OF ESSENCE. Time is of the essence of this Agreement and each and every provision hereof. 13. ENTIRE AGREEMENT. This Agreement shall constitute the entire understanding and agreement of the Parties hereto regarding the purchase and sale of the Property and all prior agreements, understandings, representations or negotiations are hereby superseded, terminated and canceled in their entirety, and are of no further force or effect. 14. AMENDMENTS. This Agreement may not be modified or amended except in writing by the Parties. 15. APPLICABLE LAW. The Parties hereto acknowledge that this Agreement has been negotiated and entered into in the State of California. The Parties hereto expressly agree that this Agreement shall in all respects be governed by the laws of the State of California. 16. SEVERABILITY. Nothing contained herein shall be construed as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present statute, law, ordinance or regulation as to which the Parties have no legal right to contract, the latter shall prevail, but the affected provisions of this Agreement shall be limited only to the extent necessary to bring them within the requirements of such law. 17. SEPARATE COUNTERPARTS. This Agreement may be executed in separate counterparts, each of which when so executed shall be deemed to be an original. Such counterparts shall,together, constitute and be one and the same instrument. 18. EXHIBITS. The following Exhibits are attached to this Agreement and incorporated by reference herein: Exhibit A: Map of Wesley Park Section Exhibit B: Legal Description Exhibit C: Plat Vacation of Public Right of Way 19. SURVIVAL. All terms and conditions in this Agreement, which represent continuing obligations and duties of the Parties, that have not been satisfied prior to close of escrow shall survive close of escrow and transfer of title to Buyer and shall continue to be binding on the respective obligated party in accordance with their terms. All representations and warranties and statements made by the respective parties contained herein or made in writing pursuant to this Agreement are intended to be, and shall remain, true and correct as of the close of escrow, shall be deemed to be material, and, together with all conditions, covenants and indemnities made by the respective parties contained herein or made in writing pursuant to this Agreement (except as otherwise expressly limited or expanded by the terms of this Agreement), shall survive the execution and delivery of this Agreement and the close of escrow, or, to the extent the context requires, 19-7675/206105 9 beyond any termination of this Agreement. 20. LEGAL FEES. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the perfom lance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 21. ASSIGNMENT. Buyer may not assign, transfer or convey its rights or obligations under this Agreement without the prior written consent of City, and then only if Buyer's assignee assumes in writing all of Buyer's obligations hereunder; provided, however, Buyer shall in no event be released from its obligations herein 1 der by reason of such assignment. 22. BROKERAGE COMMISSIONS. Buyer represents to City that there has been no broker, real estate agent, finder or similar entity engaged in connection with this Agreement or the sale of the Property from the City to Buyer, if consummated as contemplated hereby. Buyer agrees that should any claim be made for brokerage commissions or finder's fees by any broker, agent, finder or similar entity, by, through or on account of any acts of Buyer or its agent, employees or representatives, Buyer will indemnify, defend and hold City free and harmless from and against any and all loss, liability, cost, damage and expense (including attorneys' fees and court costs) in connection therewith. Buyer agrees to pay, at its sole cost and expense, when due, any and all brokerage commissions incurred by Buyer heretofore or hereafter incurred prior to close of escrow. 23. MISCELLANEOUS. 23.1. Captions. Any captions to,or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 23.2. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto,to any person or entity other than the parties hereto. 23.3. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. 23.4. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 23.5. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. 19-7675/206105 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. BUYERS: C�r' HUNTI ON BEACH,a Dawn Michiko Shimoda 1 (orpo tion o�the State of California By: City Manager print namee (PURSUANT TO RESOLUTIONNO.2010-87) ITS: (ctr•cteone)(Owner hairman/President/VieePresident INITIATED AND APPROVED: AND Naomi Shimoda Deputy Direc of Economic Development By: ��U .zra�✓ APPROVED AS print name ITS: �ity Attorney (circle one Ow»e hairman/PresidenVVicePresident 19-7675/206105 11 � � qquo t o j, 23 'V Ir irq LO CC wo lei 02 NA b „ Ste.► ,� / ,�� ��;. „ J •; �• e � • �i/�1'y ii��V .'ts, �1 y roo, �vy{i.. , \ $ n.� H1N3/�3•�3 ; I H1N331 1I1H1-u- H1N371Yf101 is L QO SHEET i OF 1 DESCRIPTION: THAT PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HUNTINGTON BEACH, COUWY OF ORANGE, STATE OF CALIFORNIA AS j SHOWN ON A MAP OF WESLEY PARK SECTION, HUNTINGTON. BEACH, FILED 1 IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: A 1.00 FOOT STRIP OF LAND ADJACENT TO THE EASTERLY AND NORTHERLY LINE OF LOT 41 AND LOT 43, BLOCK 713 OF SAID WESLEY PARK SECTION, THE WESTERLY AND SOUTHERLY LINE OF SAID 1.00 FOOT STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON A POINT ON THE EASTERLY LINE OF SAID LOT 41, 5.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 43; THENCE N41'22'16"E 23.03 FEET ALONG THE EASTERLY LINE OF SAID LOT 41 AND LOT 43 TO THE BEGINNING OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE. NORTHERLY 32.81 FEET ALONG EASTERLY LINE OF LOT 43 THROUGH A CENTRAL ANGLE OF 93'59'34" TO A POINT ON A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 600.00 FEET, A RADIAL BEARING THROUGH SAID POINT BEARS N37'22'42"E; THENCE. WESTERLY 94.70 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 43 THROUGH A CENTRAL ANGLE OF 9*02'36" TO A POINT AT, END OF SAID 1.00 FOOT STRIP, A RADIAL BEARING THROUGH SAID POINT BEARS N28'20'06"'E, SAID END OF 1.00 STRIP PARALLEL TO AND 2.50 FEET EASTERLY Or THE WESTERLY LINE OF SAID LOT 43. PREPARED 8Y. EMERALD ENGINEERING Q 18600 MAIN STREET, SUITE 160 a NO 466 HUN77NOTON BEACH, CA 92648 F CA1.'F�� L SN 3 6AKER DATE ` U - � h Z � o © iauno v aNna Z .601+ 3„9t,zz.WN xndn301s 0 Dr ,�a�z 1 0 �xf� lslx.� U U oo fY <LLJ c) N (f1�H �o w m Z 3 Z�ZZ,Lf N 4 W EL C� Of Z F -con !- o c M Z , ::D 0= t�; b rn �V •� h—� W a 1j o M �`O p d0 $ o �m Q Z o Y O U Q �m CD 11 a f a n \W ui z cC a 0 .� CL A 0-1 N m m .rnr� 3,90.OZ8ZN WN 2SIX3 in LLI Ld r in ATTACHMENT #7 �rYO�r !c(l G 1 p6 / Recorded in Official Records, Orange County O 1 Hugh Nguyen, Clerk-Recorder Recording Requested By I11 11111I11111111111111111111111111111111111111111111111 91.00 Will;American Title Company . E R 0 0 1 1 5 1 3 9 0 6 S RECORDING REQUESTED BY: 20200000832621:42 pm 02/26/20 Dawn Shimoda 47 412A Q01 3 11639 Corinth Cir. 0.00 0.00 0.00 0.00 6.00 0.00 0.000.0075.00 3.00 Fountain Valley, CA 9270E WHEN RECORDED MAIL TO: Same as above INCORPORATED AREA QUITCLAIM DEED DOCUMENTARY TRANSFER TAX; APN:023-094-01 Signature of Deda_rant or Agent determining tax Location: 743 13" St.Huntington Beach,CA This is a conveyance of an easement 92648. 150.5'existing right of way adjacent and the consideration and value is less to parcel. FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Huntington Beach a municipal corporation of the State of California, hereby remises, releases and clultdaims to Dawn Michiko Shimoda and Naomi Shimoda, all its right title and interest in the real property situated in the City of Huntington Beach, County of Orange, State of California, as described in the legal description attached hereto as Exhibit"A"and incorporated by this reference as though fully set forth herein. Dated: 2019 The City of Huntington Beach, a municipal co ation o the Sta f California. By Its: City Manager By: APPRO B ICHAEL E• Its: CTTy A}TORN N BEACH OF HU t"' Exhibit A A-ttuc�n�c�;r � SHEET 1 OF 1 i LEGS DESCRIPTION, THAT PORTION OF THIRTEENTH STREET AND CREST AVENUE IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP OF WESLEY PARK SECTION, HUNTINGTON BEACH, FILED IN BOOK 4, PAGE 17 OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY DESCRIBED' AS FOLLOWS; A 1.00 FOOT STRIP .OF LAND ADJACENT TO THE EASTERLY AND NORTHERLY LINE OF LOT 41 AND LOT. 43, BLOCK 713 OF SAID WESLEY PARK SECTION, THE WESTERLY AND SOUTHERLY LINE OF SAID 1..00 FOOT STRIP MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING ON A POINT ON THE EASTERLY LINE OF SAID LOT 41, 5.00 FEET SOUTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID LOT 43; THENCE N41'22'16"E 23.63 FEET ALONG THE EASTERLY. LINE OF SAID LOT 41. AND LOT 43 TO THE BEGINNING OF' A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY 32.81 FEET ALONG EASTERLY LINE OF LOT 43 THROUGH A CENTRAL ANGLE OF 93'59'34" TO A POINT ON.A TANGENT CURVE CONCAVE SOUTHERLY HAVING. A RADIUS OF 600.00 FEET, A RADIAL BEARING THROUGH SAID POINT *BEARS N37'22'42"E; THENCE WESTERLY 94.70 FEET ALONG SAID CURVE AND THE NORTHERLY LINE OF SAID LOT 43 THROUGH A CENTRAL ANGLE OF 9'02'36" TO A POINT AT. END OF SAID 1.00 FOOT STRIP, A .RADIAL BEARING THROUGH SAID .POINT `BEARS N28'20'06"E, SAID END OF 1.00 STRIP PARALLEL TO AND 2.50 FEET EASTERLY OF THE WESTERLY LINE OF SAID LOT 43. y,0 UND 8 PREPARED Br. G.6 Es. EMERALD DMVEEFBNO 18600 MAIN-VM7,, SUIIF 160 7} .o no.1688 s * IWG70M BEAM CA 92648 DCWALD G BAKER DA IE OF CAl\EOQ� LS 46&Y A notary public or other officer completing'this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ti ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On November 21, 2019, before me, P. L. Esparza, Notary Public, personally appeared Oliver Chi who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon.behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. P. CU y Notary?ubfilic- California Orange County is Commission/2204197 My Comm.Expires Aug a•2021 (Seal) (Notary Signa ) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FB' 7.19a9P � Office of the City Clerk Robin Estanislau, City Clerk December 5, 2019 Dawn Shimoda 11639 Corinth Cir. Fountain Valley, CA 92708 Dear Ms. Shimoda: Enclosed is a fully executed copy of the "Agreement For Sale of Surplus Real Estate Property and Escrow Instructions By and Between the City of Huntington Beach and Dawn Michiko Shimoda and Naomi Shimoda" that was approved by City Council on November 18, 2019. Sincerely, Robin Estanislau, CMC City Clerk RE:ds Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand