HomeMy WebLinkAboutCC Res 7196 2021-09-13RESOLUTION 7196
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ACCEPTING THE DEDICATION AND GRANT OF PROPERTY
FROM SHEA HOMES LIMITED PARTNERSHIP (SUCCESSOR -
IN -INTEREST TO BAY CITY PARTNERS, LLC); DIRECTING THE
EXECUTION AND RECORDING OF AN INSTRUMENT OF
ACCEPTANCE THEREOF; APPROVING A BASIN
MAINTENANCE EASEMENT AND COVENANT WITH SHEA
HOMES RELATING TO A PORTION OF SUCH PROPERTY, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY
WHEREAS, Bay City Partners LLC, a California limited liability company executed
and delivered that certain Irrevocable Offer of Dedication of Real Property (the
"Agreement") in favor of the City dated as of August 22, 2017, and recorded in
Official Records of the Recorder's Office for the County of Orange on January 3,
2018 as Instrument No. 2018000001859 relating to certain real property
described therein (the "Property");
WHEREAS, Shea Homes Limited Partnership ("Developer") has acquired the
Property subject to the Agreement, and desires to convey the Property to the City
by grant deed;
WHEREAS, the City desires to accept such dedication, subject to the
Developer's agreement to continue to maintain a water quality drainage basin on
a portion of the Property until the basin is fully functional, in the opinion of the
Director of Public Works;
WHEREAS, the City desires to enter into a Basin Maintenance Easement and
Covenant with Developer to allow Developer access to the basin and obligate
Developer to maintain and repair the basin until the City's acceptance of the
Tract 17425 Storm Drain Improvements, at which point the City will
assume maintenance responsibilities of the basin;
WHEREAS, the Agreement contemplates that the City will execute and record an
instrument of acceptance of dedication in a form attached to the Agreement, that
also indicates, in accordance with Government Code Section 27281, that the City
accepts the conveyance described in the Grant Deed.
NOW THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council hereby accepts the conveyance of property
described in the Grant Deed (which is attached as Exhibit "A"),
S7296-0001 \2571968v2.doc
approves the form of acceptance instrument attached hereto as
Exhibit "B" and the form of Basin Maintenance Agreement and
Covenant attached hereto as Exhibit "C", and authorizes the City
Manager to execute and record the acceptance instrument and
then the Basin Maintenance Agreement AFTER the Grant Deed
shall have been recorded (except that the acceptance instrument
may be recorded with the Grant Deed), in forms acceptable to the
City Attorney.
Section 2. The City Council hereby authorizes the City Manager to execute
and/or record such other reasonable documents and instruments
and take such other actions as may be necessary or convenient for
the City's acceptance of the property, all in a form acceptable to the
City Attorney.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 13th day of September, 2021 by the following vote:
AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Joe Kalmick, Mayor
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7196 on file in the office of
thety Clerk, passed, approved, and adopted oy the Lity uouncii at a regular
me Y,-heip; 0 the 13th day of September 2021.
7.2I
Gloria D. Harper, City Clerk