HomeMy WebLinkAboutCC AG PKT 2002-09-09 #M 1) 6
AGENDA REPORT , , 4 yj
D
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DATE: September 9, 2002
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: ACCEPTANCE OF OFFER OF DEDICATION AND
GRANT DEED — GUM GROVE PARK
SUMMARY OF REQUEST:
Adopt Resolution Nocra57 authorizing the acceptance of the conveyance of the Gum
Grove Park property from Hellman Properties LLC.
BACKGROUND:
Hellman Properties LLC has prepared a "Grant Deed" for City acceptance relative to the
dedication of Gum Grove Nature Park to the City of Seal Beach as part of the Hellman
Ranch Specific Plan development. This action is in accordance with the provisions of the
"First Amended and Restated Development Agreement By and Between the City of Seal
Beach and Hellman Properties, LLC Relative to the Development known as the Hellman
Ranch ", ( "Amended Development Agreement ") Exhibit H, Section 3. The pertinent
portions of this section state:
"(a) Dedication. Gum Grove Nature Park ( "Nature Park "), as shown
on the Revised Site Plan, shall be dedicated to City not later than the date
when City issues a residential building permit for construction on any lot
on Parcel 2, subject to and in accordance with all of the requirements of
the CDP Conditions.
(b) Condition of Title: Condition Subsequent. Title to the Nature
Park shall be conveyed by grant deed in fee simple absolute, subject to a
condition subsequent allowing Developer to recover title if all or any
portion of the Nature Park is utilized at any time for purposes other than as
a substantially unimproved public park, based upon the existing grove of
trees and related vegetation. Uses that shall trigger the condition -
subsequent shall include, but without limitation, (i) removal of trees from
the Nature Park to create open area other than as required for normal
Agenda Item At
C.\My Documents \Hellman Mitigation Monitoring \Gum Grove Park Dedication Acceptance.CC SR.doc \LW\09 -06 -02
Acceptance of Offer of Dedication and Grant Deed
Gum Grove Nature Park
City Council Staff Report
September 9, 2002
maintenance and tree husbandry (including removal and replacement of
diseased and dead trees), (ii) creation of play areas or active recreation
area (ball fields, tennis courts, etc.) within the Nature Park or any uses
other than passive recreation, (iii) any residential uses, or (iv) any
commercial uses.
(c) Physical Condition. The Nature Park shall be transferred to City
ownership in its current condition. Having leased the Nature Park since
1971, City is fully familiar with its condition and agrees to accept the
same "as is "."
John Laing Homes, the developer of the "Heron Pointe" residential development on the
Hellman Ranch property is in the process of complying with the final Coastal
Development Permit requirements. This action is necessary to complete the compliance
with conditions imposed by the Coastal Commission through the approval of Coastal
Development Permits 5 -97 -367 -A (Hellman Properties LLC) and 5 -01 -288 (John Laing
Homes) for the issuance of the Coastal Development Permit for construction of this new
residential neighborhood in the City.
The City Attorney has reviewed that Grant Deed and the document is acceptable. The
Grant Deed incorporates provisions mandated on the acceptance of the park and future
use by the City in accordance with the existing terms of the Amended Development
Agreement and the applicable Coastal Development Permits.
The Grant Deed will be subject to a number of easements that exist or will exist due to
condition compliance measures. Those easements are generally for the following
purposes:
❑ Oil Line Easement - along Seal Beach Boulevard frontage, 4 -feet in width, with
some above ground lines and maintenance equipment for about 20 -feet at the
southern end of the easement area.
❑ Landscape Maintenance Easement — adjacent to common boundary with "Heron
Pointe" development, 10 -feet in width for landscape and maintenance purposes.
Easement required as a condition of Coastal Development Permit 5 -01 -288,
issued to John Laing Homes.
FISCAL IMPACT:
Minor. The City has leased and maintained this property for many years, and the
acceptance of the grant deed will place title- of the property with the City. City will
continue to maintain property.
Hellman Properties LLC and John Laing Homes will provide to the City approximately
$140,000 in accordance with the terms of the Amended Development Agreement and the
financing program for the Heron Pointe Community Facilities District for improvements
within Gum Grove Nature Park.
Gum Grove Park Dedication Acceptance CC SR 2
1
Acceptance of Offer of Dedication and Grant Deed
Gum Grove Nature Park
City Council Staff Report
September 9, 2002
RECOMMENDATION:
Adopt Resolution No. , authorizing the acceptance of the conveyance of the Gum
Grove Park property from Hellman Properties LLC.
No D . 4 D PPROVED•
/, //
e Whittenberg Jo . Bahorski
D irector of Development Servic ' anager
Attachments: (2)
Attachment 1: Resolution No Jaj 7 , A Resolution of the City Council of
the City of Seal Beach Accepting the Conveyance of Gum
Grove Park Property from Hellman Properties LLC
Attachment 2: Grant Deed — Gum Grove Park
Gum Grove Park Dedication Acceptance.CC SR 3
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