HomeMy WebLinkAboutHellman - Gum Grove Park 1969-01-16 X11
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January 16, 1969
Honorable Mayor and City Council
City of Seal Beach, California 90740
Subject: Proposed Lease Of Land For Park Purposes
From Hellman Estates. -
Dear Mayor. and Council Members :
You will recall that over one year ago efforts were commenced to nego-
tiate for a lease of the eucalyptus grove on the slope area immediately
north of Tracts 1817 and 2590 . You will also recall that an announce-
ment was made at your last meeting that the negotiations appeared to be
fruitful, and that a written confirmation was expected indicating the
basic terms of the proposed lease .
The salient points of the proposed lease are:
1 . Compensation is to be payment of taxes on the leased
area and would be equal to a proportionate share of the
taxes on the total assessment parcel . We have computed
this as 14 . 0826 per cent resulting in a net payment of
taxes to other jurisdictions of $2, 733 . 34 annually, at
present assessed valuations and tax rates .
2 . A parcel map of the proposed leased area is not to
be filed and recorded.
3 . The city would survey the proposed boundary.
4 . The city may select any name for the park except
the name of any I-Iellman heir.
5 . The city would hold the Estate harmless and would
name the Estate and heirs as added insured on the city ' s
comprehensive liability insurance policy. (There is no
additional cost resulting from this condition) .
6 . The city. is to construct, maintain, and post a fence
along the boundary between the leased property and the
remainder of the Hellman Estate property.
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Honorable Mayor and City Council Page Two
7 . The term of the lease is for five years, with five
year extensions, with the right to terminate on six
months notice after the first five year. period.
8. City not to construct permanent improvements of
structures. (We have advised them that this condition
• should be modified to allow water and sewer services,
restrooms, roadway, day camp shelters, and similar
improvements. )
The total proposed leased area is 10 .493 acres . As you are aware, the
topography is generally a slope, ranging from 20 to 40 ; at the toe of
the slope there is sufficient property for a service road. In addition,
the .northeasterly area is reasonably flat and satisfactory for such
uses as parking, a vehicle turn-around area, and/or small structures .
The only access to the property is from Avalon Street. An emergency
fire entrance-exit gate would be provided at the northeasterly end of
the proposed area.
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The proposed park area is currently used by a substantial number of
voth adults and children for broad recreational purposes on an informal
basis; that is, permission has never been granted by the owners for such
use . The current informal uses, topography, and potential practical
development indicates a continuation of a nature-type facility with
walking trails, benches, tables, perhaps the planting of a variety of
trees in certain areas, day camp uses, and similar developments . We
Would not suggest or recommend the usual park playground apparatus,
and space would not permit such activities as basketball and baseball.
Because of the limited access -- from Avalon Street only --- we are of
the opinion that the proposed park, while of a size to be in the
- community park category, will be used primarily as a neighborhood
facility, secondarily as a community park, and thirdly, as a buffer
zone .
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The proposed park is in- conformance with the city ' s general plan as
recommended by the Seal Beach Citizens ' Advisory Committee, and as
adopted by the Planning Commission, and your Honorable Body. It does
. not, however, complete the General Plan ' s proposed Marina Hill Community
. Park which would, if acquired, encircle the Hill area from Pacific
Coast Highway to Bay Bouledard. No plans are imminent for the acquisi-
tion or leasing of the remaining area as indicated in the General Plan .
As expressed on numerous occasions by your Honorable Body, both as
individuals and as a legislative policy-making body, and as a stated
goal in the General Plan, " . . an important goal of the City should
be the creation of a number of inland parks and recreation facilities.
This goal is a matter of urgency because of the rapid disappearance of
• open land. " The proposed lease does not, of course, fulfill entirely
this goal , but it is a strong movement toward its fulfillment.
Honorable Mayor and City Council Page Three
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No firm estimate has been made at this time concerning the cost of
development, maintenance, or operation . Such estimates will be
included in the budgets of the coming years, and will, as other projects, •
be subject to priorities and availability of funds. With the relatively
short term of the lease it is not anticipated that extensive develop-
ment expenditures would be warranted.
Regarding eventual acquisition of the property in fee, there are
several possibilities including purchase of the' fee through negotiation
or eminent domain, donation, or granting by an eventual developer of
the Hellman property under Ordinance No. 730 . The latter item would
require dedication of four acres upon the residential development of
the entire 74-acre Hellman parcel for each 1, 000 persons residing with-
in the city.r-
It is the recommendation of this office that your Honorable Body favor
• ably consider the lease documents containing the basic points outlined •
above, and that tentative approval in principal be given at this time
in order that the documents may be prepared by the Lessor ' s attorneys .
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;;Very truly yours,
'Lee Risner
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sIDNEYM.EHRMAN HELLER , EHRMAN , WHITE & MCAULIFEE E.s.IILL-R neeO.192e1
JEROME B.WHITE f.M.MEAU LIFFE (1911:1957)
SAMUEL S STEVENS ATTORNEYS
JOSEPH 5.TOOMG
LLOYD W.oIn.ELSP1u (1971-1es91
OF COUNSEL THIRTIETH FLOOR • WELLS FARGO OUILDING
a¢DARD L-GUOOEN NINE
44 MONTGOMERY STREET • S
PAUL T.WOLF SAN
P
FRAlJ CISCO,CALIFORNIA .34104
E. YTENNEY
ALBERT M MONACO
DONALD W.FALCONER
LAWRENCE C.BAKER
LOUIS H BRON TEL[ HONE' AREA 415
ROBERT J.W11RLRE ll
ROBERT C.I Is T C 1969 981-5000
mwARUw.RUSS*ON • January 6 , 1969 CABLE: HELPOW ,v;
CASPAR VI.V.EINBERGER` •
STE RN - _1
GEORGE A SLACasIONE ?V-Lt (�( •
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MICHAEL J.CUUEN (,
LLOYD VA DUN Kr LSPIEL.JR. NL ,
RICHARD L.IAVLIAN - A JJ rTF
CHARLES II.CLIFFORD LLT
JOHN P WARDT
RACSET
W EVMAN II. '.
LuNOOU ISM
THOMAS D.Mc GUIDE
JERRY H.IIONINSON
ON LEAVE.
Lee Risner, City Manager
City Hall - 201 Eighth Street
Seal Beach , California 90740
Re : Hellman Heirs - Gum Grove Park
Dear Mr. Risner :
Subject to the approval of the remaining members
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of the family, we feel we may now be able to reach an
agreement whereby the Hellman Heirs would lease to the
City of Seal Beach approximately seven to twelve acres
of their property commonly referred to as the gum grove
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area, upon the following terms and conditions :
1. As an accommodation to the City the family
. will charge no rental, but the City will be responsible
for all taxes attributable to the leased area. The
City ' s share of the taxes would he equal to its propor-
tionate share of the acreage in the assessment parcel
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or parcels involved. No new assessment parcels would
be created.
' 2. The City would agree to construct a fence
along the entire boundary between the leased parcel and
--the Hellman Heirs ' property , would post the fence with
"No Trespassing" signs , and. would maintain the fence in
-.-good order and.. condition during the term of the lease.
. - The cost of constructing and maintaining the fence •and
signs would be borne by the City.
3. - The City would conduct , subject to the approval
of the Hellman Heirs , asurvey of the boundary of the
leased parcel.
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4 . The City will construct no permanent improve-
ments or other structures on the leased premises and
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H. E.W. a M=A. To Lee Risner, Q.ty Manager DATE 1/6/69 P. 2
will restore the same to their present condition upon
termination of the lease .
- 5 . The City may select whatever name it chooses
for the park, provided , however, that such name shall not
include either directly or indirectly the name of any of
the Hellman Heirs .
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6 . The City will agree to hold the Heirs harmless
from any cost , damage , liability or expense arising out
of the use or occupation of the park, and will name the
Heirs as additional insureds on its comprehensive liability
policy.
7 . At the expiration of the initial five-year
term the lease may be extended for an additional five-year
period at the option of the City , provided, however , that
during the period of any renewal or extension of the lease
the same may be terminated by either party upon six months
prior written notice. The lease shall be subject to
earlier termination upon breach of any condition or
covenant contained in the lease , and it shall be subject
to automatic termination upon the commencement of any
action seeking to condemn all or any portion of the leased
property.
If the foregoing is agreeable to the City , please
let us know and we shall proceed with the preparation of
the necessary documents .
Yours very truly ,
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• William R. Macke/
of HELLER, EIIRJ"IAN, ['MITE t& McAULIPrE
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