HomeMy WebLinkAboutCharles B. Kimball - 2024-11-19 (2) �� TiNc�a 2000 Main Street,
c` ; ;7`74 ?� Huntington Beach,CA
92648
City of Huntington Beach
g APPROVED
7-0
G��OIINT +M
File#: 24-763 MEETING DATE: 11/19/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, Acting City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Bill Krill, Real Estate and Project Manager
Subject:
Approve and authorize execution of Agreement for Acquisition by Donation of two
Encyclopedia Lots (APNs: 110-184-10 and 110-164-06)
Statement of Issue:
The City Council is asked to approve an agreement to accept the donation of two small parcels of
land, known as "encyclopedia lots," from Charles B. Kimball. These parcels, located on the north
side of Ellis Avenue between Edwards Street and Goldenwest Street, will support the City's long-term
goal of consolidating ownership and control of land in Huntington Central Park West. This donation
advances the City's strategy to expand and unify parkland in this area, enhancing public access to
cohesive recreational spaces without any fiscal impact.
Financial Impact:
There is no financial impact associated with this acquisition, as the parcels are being donated at no
cost to the City.
Recommended Action:
A) Approve the Agreement for Acquisition by Donation of two Encyclopedia Lots from Mr. Charles
B. Kimball; and
B) Authorize the Mayor and City Clerk to execute the agreement and any necessary related
documents required for completing the property transfer, including recording the Deed.
Alternative Action(s):
Do not approve the recommended actions, and direct staff accordingly.
Analysis:
The Huntington Central Park West area contains numerous small parcels historically referred to as
"encyclopedia lots." These parcels were originally given as promotional gifts with encyclopedia
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File#: 24-763 MEETING DATE: 11/19/2024
purchases in the early 1900s. Located north of Ellis Avenue, between Goldenwest Street and
Edwards Street, these parcels are typically 2,800 square feet and zoned for Open Space - Park and
Recreation (OS-PR) use.
The City has long pursued a strategy to acquire these lots and consolidate them into Huntington
Central Park, aligning with the City's General Plan, Zoning Code, and Central Park Master Plan.
Since the mid-1980s, the City has successfully acquired all but 29 of the original 300 parcels. This
strategy supports the expansion of open space and parkland, which provides recreational and
environmental benefits to the community. By continuing to secure these lots, the City moves closer
to achieving consolidated ownership and control of the area, supporting the long-term goal of
creating more cohesive and accessible parkland for the community.
Recently, Mr. Charles B. Kimball offered to donate two of these parcels, designated as APNs 110-184
-10 and 110-164-06, situated on the north side of Ellis Avenue between Edwards Street and
Goldenwest Street. If this donation is accepted, the City Attorney's office will prepare a Deed for the
transfer, and staff will work with Mr. Kimball to execute the necessary documentation. The City
Clerk's office will then record the Deed, formally incorporating these parcels into the surrounding
parkland.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable -Administrative Item
Attachment(s):
1. Agreement for Acquistion by Donation
2. PowerPoint Presentation
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AGREEMENT FOR ACQUISITION BY DONATION
This AGREEMENT FOR ACQUISITION BY DONATION ("Agreement") is made and
entered into as of this 19th day of November 2024, and constitutes an agreement by
which Charles B. Kimball ("Seller"), agrees to donate, and the CITY OF HUNTINGTON
BEACH, a California municipal corporation ("Buyer"), agrees to accept on the terms and
conditions hereinafter set forth:
That certain real property described in Exhibit "A" attached hereto, bearing Orange
County Assessor's Parcel Numbers 110-184-10 and 110-164-06("Property").
The terms and conditions of this Agreement are as follows:
1. Donation. Seller agrees to donate the Property to Buyer, and Buyer agrees to accept the
Property from Seller,upon the terms and conditions herein set forth,
2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be ZERO
DOLLARS ($0.00), This sum shall be full payment for the Property and for all damages of
every kind and nature, including, but not limited to, pre-condemnation damages, loss of rental
income and severance damages suffered, any and all claims suffered, or to be suffered, by reason
of the acquisition of the Property,
3. Acknowledgment of Full Benefits and Release,
a. By execution of this Agreement, Seller, on behalf of himself and his respective
successors and assigns, hereby acknowledges that this Agreement provides full payment
for the acquisition of the Property by Buyer, and Seller hereby expressly and uncondi-
tionally waives any and all claims for damages, relocation assistance benefits, severance
damages, interest, loss of goodwill,claims for inverse condemnation or unreasonable pre-
condemnation conduct, or any other compensation or benefits, other than as already
expressly provided for in this Agreement, it being understood that this is a complete and
full settlement of all acquisition claims, liabilities or benefits of any type or nature
whatsoever relating to or in connection with Buyer's acquisition of the Property.
b. This Agreement arose out of Seller's efforts to donate the Property on a voluntary •
basis. Seller acknowledges and agrees that said purchase price is just compensation at
fair market value for said real property and includes any and all fixtures and equipment,
goodwill (if any) and severance. Seller, on behalf of himself and his successors and
assigns, hereby fully releases Buyer, its successors, agents, representatives, and assigns,
and all other persons and associations, known or unknown, from all claims and causes of
•
action by reason of any damage which has been sustained, or may be sustained, as a
result of Buyer's efforts to acquire the Property or to construct works of improvement
thereon, or any preliminary steps thereto. Seller further releases and agrees to hold Buyer
harmless from any and all claims by reason of any leasehold interest in the Property.
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c. The parties hereto hereby agree that all rights under Section 1542 of the Civil
Code of the State of California are hereby waived. Civil Code Section 1542
provides as follows:
"A general release does not extend to claims which the creditor
does not know or suspect to exist in his/her favor at the time of
executing the release, which if known by him/her must have
materially affected his/her settlement with the debtor."
Notwithstanding the provisions of Civil Code Section 1542, Seller hereby irrevocably
and unconditionally releases and forever discharges the Buyer and each and all of its
officers, agents, directors, supervisors, employees, representatives, and its successors and
assigns and all persons acting by, through, under, or in concert with the Buyer from any
and all charges, complaints, claims, and liabilities of any kind or nature whatsoever,
known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or
"claims") which Seller at any time heretofore had or claimed to have or which Seller at
any time hereafter may have or claim to have, including, without limitation, any and all
claims related or in any manner incidental to this transaction.
I HAVE READ AND UNDERSTOOD PARAGRAPH 3 Acknowledgment of
Full Benefits and Release.
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4. Reserved.
5. Reserved.
6. Conditions of Title. It shall be a condition to this Agreement and a covenant of Seller
that title to the Property shall be conveyed to Buyer by Seller by the Grant Deed, subject only to
the following Approved Conditions of Title("Approved Condition of Title"):
a. A lien to secure payment of real estate taxes,not delinquent.
b. The lien of supplemental taxes assessed pursuant to Chapter 3.5, commencing
with Section 75 of the California Revenue and Taxation Code ("Code"), but only to the
extent that such supplemental taxes are attributable to the transaction contemplated by
this Agreement. Seller shall be responsible for, and hereby indemnifies Buyer and the
Property against,any supplemental taxes assessed pursuant to the Code,to the extent that
such taxes relate to events (including, without limitation, any changes in ownership
and/or new construction) occurring prior to the Close of Escrow.
c. Matters affecting the Approved Condition of Title created by or with the written
consent of Buyer.
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d. Exceptions which are disclosed by the Report described in Paragraph 8(a)(1)
hereof and which are approved or deemed approved by Buyer in accordance with
Paragraph 8(a)(1)hereof.
Seller covenants and agrees that prior to conveyance to Buyer, Seller will not cause or
permit title to the Property to differ from the Approved Condition of Title described in this
Paragraph 6. 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 8(a)(1) below, shall also
be subject to Buyer's approval and must be eliminated or ameliorated to Buyer's satisfaction by
Seller prior to conveyance to Buyer, Buyer hereby objects to all liens evidencing monetary
encumbrances affecting the Property (other than liens for non-delinquent property taxes) and
Seller agrees to cause all such liens to be eliminated at Seller's sole cost and expense prior to
conveyance to Buyer.
7. 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.
8. Conditions.
a. Conditions to Buyer's Obligations. 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:
(1) Preliminary Title Report and Exceptions. City agrees to cause Stewart
Title to issue a Preliminary Title Report relating to the Property. Buyer will have
ten (10) days after receipt to review and approve it. In the event of non-approval,
this transaction will be cancelled.
(2) Representations, Warranties, and Covenants of Seller. Seller shall have
duly performed each and every agreement to be performed by Seller hereunder.
(3) No Material Changes. Prior to conveyance, there shall have been no
material adverse changes in the physical or financial condition of the Property.
(4) Inspections and Studies. On or before thirty (30) days after the approval
of this Agreement by Buyer, ("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
0/11V
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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. 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 Seller 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.
(5) Council Approval. The completion of this transaction, is contingent upon
the specific acceptance and approval of the Buyer by action of the Buyer's City
Council.
(6) Condition of Property. The Property is donated in its present condition as
of the date of acceptance subject to the Buyer's investigation rights.
(7) Reserved.
b. Conditions to Seller's Obligation. For the benefit of Seller, this transaction shall
be conditioned upon the occurrence and/or satisfaction of each of the following
conditions (or Seller's waiver thereof, it being agreed that Seller may waive any or all of
such conditions):
(1) 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
(2) Buyer's Representations. All representations and warranties made by
Buyer to Sellers in this Agreement shall be true and correct as of the Close of
Escrow.
9. Deposits by Seller. Within five (5) business day following Buyer's request, Seller shall
deposit or cause to be deposited with Buyer the following documents and instruments:
a. Reserved.
b. Grant Deed. The Grant Deed conveying the Property to Buyer duly executed by
Seller, acknowledged and in recordable form.
10. Reserved.
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11. Costs and Expenses. The cost and expense of the Title Policy attributable to CLTA
coverage 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. 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.
12. Reserved.
13. Reserved.
14, Seller's Representations and Warranties. In consideration of Buyer entering into this
Agreement, and as an inducement to Buyer to accept the Property, Seller makes the following
representations and warranties, each of which is material and is being relied upon by Buyer (and
the continued truth and accuracy of which shall constitute a condition precedent to Buyer's
obligations hereunder):
a. Authorization. This Agreement has been duly and validly authorized, executed
and delivered by Seller, and no other action is requisite to the execution and delivery of
this Agreement by Seller.
b. Threatened Actions. There are no actions, suits or proceedings pending against,
or,to the best of Seller's knowledge,threatened or affecting the Property in law or equity.
c. Third Party Consents. No consents or waivers of, or by, any third party are
necessary to permit the consummation by Seller of the transactions contemplated
pursuant to this Agreement.
d. No Violation of Law. To the best of Seller's knowledge, there is no violation of
law or governmental regulation by Seller with respect to the Property.
e. Condemnation. There is no pending, or, to the best of Seller's knowledge,
threatened proceedings in eminent domain or otherwise, which would affect the Property
or any portion thereof.
f. Compliance with Law. To the best of Seller's knowledge, all laws, ordinances,
rules, and requirements and regulations of any governmental agency, body, or
subdivision thereof bearing on the Property have been complied with by Seller.
g. Agreements. There are no agreements (whether oral or written) affecting or
relating to the right of any party with respect to the possession of the Property, or any
portion thereof, which are obligations which will affect the Property or any portion
thereof subsequent to the recordation of the Grant Deed, except as may be reflected in the
Condition of Title,which shall have been approved by Buyer pursuant to the terms of this
Agreement.
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h. Documents. To the best of Seller's knowledge, all documents delivered to Buyer
pursuant to this Agreement are true and correct copies of originals, and any and all
information supplied to Buyer by Seller is true and accurate.
i. Licensed Permits. To the best of Seller's knowledge, Seller has acquired all
licenses,permits, easements, rights-of-way, including without limitation, all building and
occupancy permits from any governmental authority having jurisdiction.
j. Hazardous Substances. Except as revealed by Seller to Buyer herein, Seller has
no actual knowledge that there are hazardous substances (as defined below) in existence
on or below the surface of the Property, including without limitation, contamination of
the soil, subsoil or groundwater, which constitutes a violation of any law, rule, or
regulation of any governmental entity having jurisdiction thereof, or which exposes
Buyer to liability to third parties. Seller has not used the Property, or any portion thereof,
for the production, disposal, or storage of any hazardous substances, and Seller has no
actual knowledge that there has been such prior use of the Property, or any portion
thereof; or that there has been any proceeding or inquiry by any governmental authority
with respect to the presence of such hazardous substances on the Property or any portion
thereof. Without limiting the other provisions of this Agreement, Seller shall cooperate
with Buyer's investigation of matters relating to the foregoing provisions of this
paragraph, and provide access to, and copies of, any data and/or documents dealing with
potentially hazardous substances used at the Property and any disposal practices
followed. Seller agrees that Buyer may, with Seller's prior approval, make inquiries of
governmental agencies regarding such matters, without liability to Seller for the outcome
of such discussions. For purposes of this Agreement, the tern "hazardous substances"
means: (i) any substance, product, waste, or other material of any nature whatsoever
which is or becomes listed, regulated, or addressed pursuant to the Comprehensive
Environment Response, Compensation and Liability Act (CERCLA), 42 United States
Code Section 9601 et seq.; the Hazardous Material Transportation Conservation and
Recovery Act, 42 United States Code Section 1801 et seq.; the Resources Conservation
and Recovery Act, 42 United States Code Section 6901 et seq.; the Clean Water Act, 33
United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United
States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health
and Safety Code Section 25100 et seq.;the California Hazardous Substance Account Act,
Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and
Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California
Health and Safety Code Section 25280 et seq. (Underground Storage or Hazardous
Substances); the California Hazardous Waste Management Act, Health and Safety Code
Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq.
(Hazardous Materials Release Response Plans and Inventory); or the California Porter-
Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended
(the above-cited California state statutes are hereinafter collectively referred to as "the
State Toxic Substances Laws") or any other federal, state, or local statute, law,ordinance,
resolution, code, rule, regulation, order or decree regulating, relating to, or imposing
Seller's Initials B yer s Initials
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liability or standards of conduct concerning any hazardous or toxic substance hereafter in
effect; (ii) any substance, product, waste, or other material of any nature whatsoever
which may give rise to liability under any of the above statutes or under any statutory or
common law theory based on negligence, trespass, intentional tort, nuisance or strict
liability or under any reported decisions of a state or federal court; (iii) petroleum or
crude oil other than petroleum and petroleum products which are contained within
regularly operated motor vehicles; and(iv) asbestos.
k. Reserved.
1. Pollutants. No pollutants or waste materials from the Property have ever been
discharged by Seller into any body of water, and Seller has no actual knowledge of any
such pollution emission by any other person or entity.
m. Waste Disposal. No portion of the Property has ever been used by Seller as a
waste storage or disposal site, and Seller is not aware of any such prior uses.
n. No Notices. Seller has received no written notice of any change contemplated in
any applicable laws, ordinances or restrictions, or any judicial or administrative action, or
any action by adjacent landowners, or natural or artificial conditions upon the Property
which would prevent, impede, limit, or render more costly Buyer's contemplated use of
the Property.
15. Buyer's Representations and Warranties. In consideration of Seller entering into this
Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the
following representations and warranties, each of which is material and is being relied upon by
Seller (the continued truth and accuracy of which shall constitute a condition precedent to
Seller's obligations hereunder):
a. This Agreement and all documents executed by Buyer under this Agreement
which are to be delivered to Seller are, or at the time of conveyance to Buyer will be,
duly authorized, executed, and delivered by Buyer, and are, or at the conveyance to
Buyer will be legal, valid, and binding obligations of Buyer, and do not, and at the
conveyance of Buyer will not violate any provisions of any agreement or judicial order to
which Buyer is a party or to which it is subject.
b. The representations and warranties of Buyer set forth in this Agreement shall be
true on and as of the conveyance to Buyer as if those representations and warranties were
made on and as of such time.
16. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any
knowledge by Seller of casualty to the Property or any condemnation proceeding commenced
prior to the conveyance to Buyer. If any such damage or proceeding relates to, or may result in,
the loss of any material portion of the Property, Seller or Buyer may, at their option, elect either
to:
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(a) terminate this Agreement, in which event neither party shall have any further
rights or obligations hereunder, or
(b) continue the Agreement in effect, in which event upon the conveyance to Buyer,
Buyer shall be entitled to any compensation, awards, or other payments or relief resulting
from such casualty or condemnation proceeding.
17. Notices. All notices or other communications required or permitted hereunder shall be in
writing, and shall be personally delivered or sent by registered or certified mail,postage prepaid,
return receipt requested. Notice shall be deemed received upon the earlier of(a) if personally
delivered,the date of delivery to the address of the person to receive such notice, or(b)if mailed,
four business days after the date of posting by the United States Post Office.
The Buyer's mailing address is: The Seller's mailing address is:
City of Huntington Beach Charles B. Kimball
Public Works Department 2460 Francisco Street
Attn: William Krill San Francisco, CA 94123-1815
2000 Main Street,P.O. Box 190
Huntington Beach,CA 92648
Notice of change of address shall be given by written notice in the manner detailed in this
paragraph. Rejection or other refusal to accept, or the inability to deliver because of changed
address of which no notice was given, shall be deemed to constitute receipt of the notice,
demand,request,or communication sent.
18. 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 performance 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.
19. Assignment. Seller may not assign, transfer or convey its rights or obligations under this
Agreement without the prior written consent of Buyer,and then only if Seller's assignee assumes
in writing all of Seller's obligations hereunder; provided, however, Seller shall in no event be
released from its obligations hereunder by reason of such assignment.
20. Seller's Indemnification. Seller hereby agreed to indemnify, defend and hold harmless
Buyer from and against any and all obligations, liabilities, claims, liens, encumbrances, losses,
damages, costs and expenses, including without limitation, attorneys' fees, whether direct,
contingent, or consequential, incurred by Buyer relating to the Property and arising or accruing
from acts, occurrences, or matters that take place on or before the conveyance to Buyer resulting
from any breach by Seller of his representations, warranties and covenants contained in this
Agreement.
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21. Brokerage Commissions. Upon close of escrow, Seller agrees to pay compensation to his
Broker, if any, as specified in separate written agreement between Seller and Broker. Seller
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 Seller or its agent,
employees or representatives, Seller will indemnify, defend and hold the Buyer free and
harmless from and against any and all loss, liability, cost, damage and expense (including
attorneys' fees and court costs) in connection therewith. Seller agrees to pay, at their sole cost
and expense, when due, any and all brokerage commissions incurred by Seller heretofore or
hereafter incurred prior to close of escrow.
22. Miscellaneous.
a. Survival of Covenants. The covenants, representations and warranties of both
Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant
Deed.
b. Required Actions of Buyer and Seller. Buyer and Seller agree to execute such
instruments and documents and to diligently undertake such actions as may be required in
order to consummate the purchase and sale herein contemplated, and shall use their best
efforts to accomplish the conveyance to Buyer in accordance with the provisions hereof.
c. Time of Essence. Time is of the essence of each and every term, condition,
obligation, and provision hereof.
d. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original,but all of which,together, shall constitute one and the
same instrument.
e. 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.
f. 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.
g. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby
incorporated herein by this reference.
h. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties
hereto.
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i. 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.
j. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California,with the exception of definitions to be
construed under Federal laws cited in Paragraph 14(j).
k. 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.
1. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations, and communications, oral or written, and contains the entire agreement
between Buyer and Seller as to the subject matter hereof. No subsequent agreement,
representation, or promise made by either party hereto, or by or to an employee, officer,
agent or representative of either party shall be of any effect unless it is in writing and
executed by the party to be bound thereby.
m. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors and assigns of the parties hereto.
REST OF PAGE NOT USED
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n. Leases. Seller warrants that there are no tenants or written or oral leases on all or
any portion of the property and Seller further agrees to hold Buyer harmless and
reimburse Buyer for any and all of its losses and expenses, including relocation assistance
costs,occasioned by reason of any lease of said property held by any tenant of Seller.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
DATED: �j OC1 24 Seller:
6641 )L14/60--
Charles B. Kimball
DATED: 17.2.G,r-21-1 Buyer:
CITY OF HUNTINGTON BEACH
A ifornia municipal corporation
.2 cam,,, 0 ‘_si\c\r\.C)\- 1C
Mayor
City)Clerk
APPROVED AS TO ORM: REVIEWED AND APPROVED:
•. '1i"
i orney City Manager
TIATED AND
APP VED:
Director of Public Works
80
el Initials Buyer's Initials
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EXHIBIT A
LEGAL DESCRIPTION
(APN 110-184-10 and 110-164-06)
That certain real property in the City of Huntington Beach, County of Orange, State of
California, described as follows:
Parcel 1: Lot 22 of Tract 145, as per map thereof recorded in Book 9,
Page 34 of Miscellaneous Maps, Records of Orange County, California.
(Assessor's Parcel Number 110-184-10).
Parcel 2: Lot 19, Tract 44A, Fairview Addition, Records of Orange County,
California (Assessor's Parcel Number 110-164-06).
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• 157
Background
• In the early 1900s, small parcels known as
"encyclopedia lots' were given as promotional items
with encyclopedia purchases.
• Located on the north side of Ellis Avenue, between
Edwards Street and Goldenwest Street, these lots
are now part of Huntington Central Park West.
• Since the mid-1980s, the City has acquired all but
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29 of the original 300 lots, furthering N jp
efforts to +0� ,�cnArunrfy
consolidate land for park use.
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158
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Current Opport
• Charles B. Kimball has tag ; . .�
offered to donate two PS 44 P e3
name
encyclopedia lots to the Citya° o-
• These lots will be rmr ���
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consolidated into Huntington "`" �
Central Park West, furthering ��° � � - � e � �
the City's goal of unified park
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• No fiscal impact, as the lots
are donated, making this a k` � pro
cost-effective acquisition.
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159
Recommendation
• Approve the agreement to accept the donation of
APNs 110-184-10 and 110-164-06.
• Authorize the Mayor and City Clerk to execute the
agreement and finalize the property transfer.
• Upon approval, the City Attorney will prepare the
necessary deed for transfer, and the City Clerk will
complete the property recording. y � oRPon�ro.
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Switzer, Donna
From: Krill, William
Sent: Tuesday, November 26, 2024 9:26 AM
To: Switzer, Donna
Subject: FW: Former Encyclopedia Lots - Kimball Owned
Attachments: 11.19.24 Agmt for Acquistion by Donantion.pdf
Below is the email that I sent to the Kimballs.
Bill Krill
714-374-1713
From: Krill, William
Sent:Tuesday, November 26, 2024 8:35 AM
To: 'charles kimball'<cbksf@att.net>; 'judy'<jaksf@att.net>
Subject: RE: Former Encyclopedia Lots- Kimball Owned
Charles and Judy,
I have secured the fully executed donation agreement. Please find a copy attached. Next, I will work with the City
Attorney's Office to have a Deed drafted to transfer the properties.When the Deed is ready, I will send you a copy
with instructions for signing. Please let me know if you have any questions in the meantime. I hope that you enjoy
the holiday this week.
Regards,
Bill Krill
714-374-1713
From: Krill,William
Sent:Tuesday, October 15, 2024 7:53 AM
To: charles kimball<cbksf@att.net>;judy<iaksf@att.net>
Subject: RE: Former Encyclopedia Lots- Kimball Owned
Hello Charles and Judy,
I just wanted to send you a quick update. I have received your signed copy of the donation agreement and the
planning application. I have entered the contract into the city's approval system, and it is expected to go before the
Council at the 11/19 public meeting. If anything changes, I will let you know.
Have a great day,
Bill Krill
714-374-1713
From:charles kimball<cbksf@att.net>
Sent: Monday, September 23, 2024 5:07 PM
To: Krill, William <William.Krill@surfcity-hb.org>
1