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Home My WebLink AboutCC AG PKT 2005-06-13 #U • • 5o AGENDA REPORT DATE: June 13, 2005 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 No. , 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 maintenance and tree husbandry (including removal and replacement of Agenda Item /L Z:\My Documents\Hellman Mitigation Monitoring \Gum Grove Park Dedication Acceptance.CC SR 2.doc\LW\05 -26 -05 Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 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. In September 2002 the City Council took a similar action. However, due to the length of the intervening period to comply with the cultural resource mitigation permit conditions and other conditions of the Coastal Development Permit, the matter is being brought back before the City Council for consideration again. 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, 10 -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. Gum Grove Park Dedication Acceptance.CC SR 2 2 Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 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. In September 2002 the City Council took a similar action. However, due to the length of the intervening period to comply with the cultural resource mitigation permit conditions and other conditions of the Coastal Development Permit, the matter is being brought back before the City Council for consideration again. 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, 10 -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. Gum Grove Park Dedication Acceptance.CC SR 2 2 Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 Hellman Properties LLC /John Laing Homes has provided to the City $40,000 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. RECOMMENDATION: Adopt Resolution No. , authorizing the acceptance of the conveyance of the Gum Grove Park property from Hellman Properties LLC. r t /4 NO D ■ .� APPR•V : e: Whittenberg Jo . Bahorski Director of Development Se es Ci % " / anager Attachments: (2) Attachment 1: Resolution No. , 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 3 Gum Grove Park Dedication Acceptance.CC SR 2 Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 ATTACHMENT 1 33 RESOLUTION NO. v , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING THE CONVEYANCE OF GUM GROVE PARK PROPERTY FROM HELLMAN PROPERTIES LLC 4 Gum Grove Park Dedication Acceptance.CC SR 2 • Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 RESOLUTION NO.55 338 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ACCEPTING THE CONVEYANCE OF GUM GROVE PARK PROPERTY FROM HELLMAN PROPERTIES LLC THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: Section 1. Hellman Properties LLC, as owner, proposes to convey to the City of Seal Beach fee title to certain property for public park purposes ( "the Gum Grove Park Property" herein). The Gum Grove Park Property is legally described in Exhibit "A" and depicted in Exhibit "Al ", all attached hereto and incorporated herein by this reference. Section 2. The City of Seal Beach hereby accepts the conveyance of the Gum Grove Park Property. Such acceptance shall be effective upon the recordation in the Orange County Recorder's Office of: (i) the conveyance deed for the Gum Grove Park Property; and (ii) such additional documents as may be required to effectuate the City's acceptance. Section 3. The Mayor is hereby authorized to execute, and the City Clerk is hereby authorized to record, this Resolution and any additional documents that may be required to effectuate the City's acceptance of the Gum Grove Park Property. PASSED, APPROVED AND ADOPTED by the City Coun • of the City of Seal Beach at a meeting thereof held on the f . day of �» , 2005. AYES: Councilmembers ,/ A_1I / ea 1' /fel . Air 4 NOES: Councilmembers ABSENT: Councilmembers ' 7 ABSTAIN: Councilmembers 5 Gum Grove Park Dedication Acceptance.CC SR 2 Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 Mayor ATTEST: • Linda Devine, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number 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 meeting thereof held on the day of , 2005. Linda Devine, City Clerk • City of Seal Beach 6 Gum Grove Park Dedication Acceptance.CC SR 2 Acceptance of Offer of Dedication and Grant Deed Gum Grove Nature Park City Council Staff Report June 13, 2005 Mayor ATTEST: Linda Devine, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is an original copy of Resolution Number535 V 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 meeting thereof held on the f 3 day of � �/ , 2005. y1 J u)t, L a vine, ity Clerk City of Seal Beach Gum Grove Park Dedication Acceptance.CC SR 2 6