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Home My WebLink AboutCC AG PKT 2009-05-11 #MAGEIV®A STAFF REPORT DATE: May 11, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Vince Mastrosimone, Director of Public Works SUBJECT: ACCEPT GRANT DEED -FOR PROPERTY LOCATED AT THE CORNER OF OLD RANCH PARKWAY AND SEAL BEACH BOULEVARD SUMMARY OF REQUEST: 1. Adopt Resolution No. 5873, directing the City Manager to accept the attached Grant Deed for property located at the corner of Old Ranch Parkway and Seal Beach Boulevard and described with more particularity in the attached Deed. 2. Authorize the City Manager to execute all necessary documents. 3. Direct the City Clerk to record the Deed with the Orange County Clerk/Recorder Office. BACKGROUND: Orange County Transportation Authority (OCTA) intends to add additional carpool lanes on the 405/22/605 freeway and reconstruct the Valley View Street, 7th Street and Seal Beach Boulevard Bridges in connection with the West County Connector Project ("Project"). Currently, the Seal Beach Boulevard Bridge is two lanes in each direction from Old Ranch Parkway to Beverly Manor Road. The traffic flow approaching the Bridge is sub standard and over capacity, which creates delays and decreases the level of service at the signalized intersections. The Project will lengthen and widen Seal Beach Boulevard Bridge from Old Ranch Parkway to Beverly Manor Road to accommodate three lanes in each direction. In designing the Project, minimal right of way is required to widen the Bridge to accommodate the three lanes in each direction. In turn, right of way is required at the corner of Old Ranch Parkway and Seal Beach Boulevard to accomplish the minimum slope for an ADA access ramp and sidewalk width for pedestrian travel. The total square feet of the proposed acquisition is 238 square feet. Agenda Item M Page 2 The subject property will be deeded to the City in fee interest. OCTA coordinated all efforts with Bixby Office Park LLC and Bixby is in full agreement with the transaction. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: The City Council is asked to adopt Resolution No. 5873, directing the City Manager to accept the attached Grant Deed and authorize the City Manager to execute all necessary documents. SU~MITTE Vince Mastrosimone Director of Public Works NOTED AND APPROVED: ~~ David Carman ,City Manager Attachments: A. Resolution No. 5873 B. Grant Deed RESOLUTION NUMBER 5873 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT DEED GRANTING TO THE CITY REAL PROPERTY LOCATED AT THE CORNER OF OLD RANCH PARKWAY AND SEAL BEACH BOULEVARD Recitals A. In connection with the West County Connector Project ("Project'), Orange County Transportation Authority (OCTA) intends to add additional carpool lanes on the 405/22/605 freeway and reconstruct the Valley View Street, 7th Street and Seal Beach Boulevard Bridges to accommodate the Project. B. Minimal right of way, including at the corner of Old Ranch Parkway and Seal Beach Boulevard, is required to widen the Seal Beach Boulevard Bridge to accommodate three lanes in each direction, which, in turn, requires the City to realign the sidewalk. The total square feet of the property needed for the Project at the corner of Old Ranch Parkway and Seal Beach Boulevard is 238 square feet (the "subject property"). C. Bixby Office Park LLC is the owner of the subject property. OCTA has requested that the City of Seal Beach ("City') accept the subject property. D. The Seal Beach City Engineer recommends that the Seal Beach City Council authorize the acceptance of a grant deed granting the subject property. E. Government Code Section 27281 allows cities to authorize by resolution one or more of its officers or agents to accept such grants on behalf of the city and consent to the recording of these documents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City Manager is hereby duly authorized, on behalf of the City, to accept a grant deed granting that certain property located at the corner of Old Ranch Parkway and Seal Beach Boulevard and described in Exhibit "A" attached hereto and incorporated herein by this reference, and to execute, deliver and record any and all instruments in order to effectuate the purposes of this Resolution. Section 2. The City Clerk is hereby duly authorized to have the grant deed accepting the subject property on behalf of the City duly and properly recorded in the official records of the office of the Recorder of the County of Orange. (Intentionally Left Blank) Resolution Number 5873 PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 11th day of Mav , 2009 by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5873 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 11th day of Mav , 2009 City Clerk RECORDING REQUESTED BY When Recorded Mail To STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION 3337 Michelson Drive, Ste 380 Irvine, CA 92612-8894 Attention: FREE RECORDING: This instrument is for the benefit of The State of California, and is entitled to be recorded without fee.(Govt. Code 6103) Space above this line for Recorder's Use GRANT DEED (CORPORATION) BIXBYBIT-BIXBY OFFICE PARK LLC a corporation organized and existing under and by virtue of the laws of the State of CALIFORNIA ,does hereby GRANT to the STATE OF CALIFORNIA all that real property in the County of ORANGE State of California, described as: See Exhibit "A" 12-OR-405 22.58(102624-1) Form RW 6-1 (C) (Revised 10/99) Number 102624-1 The grantor further understands that the present intention of the grantee is to construct and maintain street and pedestrian facilities and appurtenances thereto, on the lands hereby conveyed in fee and the grantor, for itself, its successors and assigns, hereby waives any claims for any and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping, use or maintenance of said property. IN WITNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal to be affixed hereto, this day of , 20_ BY President BY Secretary [CORPORATE SEAL] STATE OF CALIFORNIA County of Orange I SS. On this the day of Name, Title of Officer-E.G., "Jane Doe, Notary Public" personally appeared 2009, before me, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in _ his/her/their authorized capacity(ies), and that by _ his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my hand and official seal. (Signature of Notary Public in and for said State) notary seal or PERSONAL ACKNOWLEDGMENT THIS IS TO CERTIFY, That the City of Seal Beach (pursuant to Government Code Section 27281) hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this day of By: David N. Carmany City Manager 20_ R:\-WORKING STAFF REPORTS - 05-11-09\PW -Staff Report - M -Grant Deed Old Ranch pkwy (attachment).doc EXHIBIT "A" That portion of Parcel 1 of Parcel Map No. 86-280 in the City of Seal Beach, County of Orange, State of California as shown on map recorded in Book 226, Pages 9 through 14, inclusive, of Parcel Maps in the Office of the County Recorder of said county, described as follows: BEGINNING at the most easterly corner of said Parcel 1, being the southerly terminus of that certain course shown on said Parcel Map as having a bearing and distance of "North 05°12'32" West, 5.76 feet"; Thence South 37°27'33" West, along the southeasterly line of said Parcel 1, a distance of 8.54 feet; Thence continuing along said southeasterly line, South 45°03'20" West, a distance of 3.49 feet; Thence departing said southeasterly line, North 01°22'01" West, a distance of 15.45 feet to the beginning of anon-tangent curve, concave southwesterly, having a radius of 28.00 feet and having at said point a radial line which bears North 64°30'23" East; Thence northwesterly along the arc of said curve, through a central angle of 13°52'33", a distance of 6.78 feet; Thence South 54°43'36" West, a distance of 2.75 feet; Thence North 50°12'08" West, a distance of 23.46 feet; Thence North 37°44'16" East, a distance of 5.00 feet to the northeasterly line of said Parcel 1; Thence South 50°12'08" East, along said northeasterly line, a distance of 36.84 feet; Thence continuing along said northeasterly line, South 05°39'26" East, a distance of 5.73 feet to the POINT OF BEGINNING. Containing 238 square feet more or less. TOGETHER with underlying fee interest, if any, contiguous to the above-described property in and to the adjoining public ways (Seal Beach Boulevard and Old Ranch Parkway). The bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 6. Multiply distances shown by 1.0000118 to obtain ground level distances. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors' Act. Signature Janeen Nedlik, L.S. 7563 Expires 12/31/09 12-OR-405-MP 22.58-(102624-1) Date f~ R:\-WORKING STAFF REPORTS - 05-11-09\PW -Staff Report - M -Grant Deed Old Ranch pkwy (attachment).doc 1 ~;~ „~. ...,. ~[a...T,M ,„ aR~ .~ .aRR..u TOro4 ssm m„fn ar Lwa. fwn [s.raa Toes RROI as[sr asar a~ san wn u. a m M o~ 3WLC[IY f a 1[[e[[r saw •sw or[: o aas ai» Kr RtfMt .1M .srs srr[ r a _ nsrwiwmLwas rar .__ _ ` rx -- - IKY..,,R. 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