HomeMy WebLinkAboutCC AG PKT 2004-08-09 #Q AGENDA REPORT
DATE: August 9, 2004
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: ACCEPTANCE OF OLD RANCH TENNIS CLUB FROM
BIXBY RANCH COMPANY
SUMMARY OF REQUEST:
City Council to provide authorization for City Manager and staff to proceed with the acceptance
of Old Ranch Tennis Club and receipt of funds.
BACKGROUND:
In the Bixby Old Ranch Towne Center Development Plan, Section 3.2.5. Dedications,
Reservations and Conditions of Development, it states that Bixby Ranch Company offers to
dedicate the Tennis Club to the City at no cost to the City, in an "as is" condition. Upon
acceptance of this offer of dedication, Bixby Ranch Company will also pay to the city the sum of
$1,000,000. The offer of dedication and payment shall begin on the effective date of the
Ordinance and remain open for a period of five years, and may be accepted by the City at any
time after the effective date by sending written notice of such acceptance to Bixby Ranch
Company. Ordinance Number 1440 -A readopted the Development Agreement between the City
of Seal Beach and Bixby Ranch Company, regarding the "Bixby Old Ranch Towne Center
Development Plan". The City Council adopted the ordinance on August 23, 1999 and the
ordinance became effective on September 22, 1999.
The offer of property also includes a monetary payment of $1,000.000. Bixby Ranch Company
has already advanced $107,000 to the City of which $8,768 went towards architectural /landscape
study prepared several years ago. Therefore, the remaining balance from Bixby to the City is
$893,000. In total, the City will have $991,232 available for improvements in College Park East
including but not limited to the tenths club property. Staff is in the process of updating the cost
estimates for the anticipated improvements to the tennis facility as well as the City's future
ongoing maintenance expenses for the property.
City Staff is moving forward with the Request for Proposals process to secure a lessee to operate
the tennis club as a municipal recreational tennis facility. However, to proceed with meeting the
Item 0
August 9, 2004
City Council Agenda Report — Acceptance of Old Ranch Tennis Club
Page 2
terms of the development agreement, staff requests that City Council provide authorization to
City Manager and staff to process any documents necessary to complete the transaction by
September 22, 2004, including submission of a grant deed and submittal of letter requesting the
balance owed by Bixby.
FISCAL IMPACT:
There are minor administrative costs to cover the title report, recording of grant deed, etc.
RECOMMENDATION:
City Council to provide authorization for City Manager and staff to proceed with the acceptance
of Old Ranch Tennis Club and receipt of funds by September 22, 2004.
Submitted by:
•
�une Y suya, Assistant City Manager
NO ' I A i ' :
El
i
Jo : Bahorski, City Manager
• tachments
Acceptance Letter
Quitclaim Deed
•
(date)
VIA TELECOPY AND CERTIFIED
MAIL, RETURN RECEIPT REQUESTED
Bixby Ranch Company
3010 Old Ranch Parkway, Suite 100
Seal Beach, Califomia 90740 -2750
Attn: Ronald A. Bradshaw
Re: Acceptance of Offer of Dedication under Development Agreement dated July 14,
1997 between the City of Seal Beach and the Bixby Ranch Company, as
supplemented by Operating Memorandum Number One and Operating
Memorandum Number Two (collectively, the "Development Agreement ")
Ladies and Gentlemen:
The City of Seal Beach hereby accepts the offer of dedication described in Section
3.2.5.1 of the above - referenced Development Agreement, which relates to the "Tennis
Club" as defined in such Development Agreement.
Section 3.2.5.1 of the Development Agreement provides that upon acceptance of such
offer of dedication, the Bixby Ranch Company shall pay to the City the sum of One
Million Dollars ($1,000,000.00) to be used for improvements that benefit the College
Park East neighborhood, including but not limited to improvements related to the Tennis
Club property. However, under Operating Memorandum Number Two dated July 12,
2001, $100,000 of such sum has been previously paid. Bixby Ranch has also previously
advanced an additional $7,000 to the City, leaving a balance due of $893,000.
In order to confirm the transfer of title of record (and enable the City to obtain title
insurance), please promptly execute, acknowledge and return the enclosed
Quitclaim Deed to our real estate counsel, Bruce Galloway, Esq., of Richards, Watson &
Gershon, at 355 South Grand Avenue, 40 Floor, Los Angeles, California 90071 -3101.
S7284- 0001 \7866721
Very truly yours,
CITY OF SEAL BEACH,
a municipal corporation
By:
Name:
Title:
cc: Quinn Barrow, Esq.
Bruce W. Galloway, Esq.
Stephanie R. Scher, Esq. (via Certified Mail to: Kane, Ballmer & Berkman,
515 South Figueroa Street, Suite 1850, Los Angeles,
California 90071 -3101)
57284- 0001 \786672.1
Recording Requested by
and when recorded return to,
and mail tax statements to:
City of Seal Beach
c/o Richards, Watson & Gershon
355 South Grand Avenue, 40 Floor
Los Angeles, California 90071 -3101
Attn: Bruce W. Galloway, Esq.
Assessor's Parcel Number(s):
NO RECORDING FEE — PUBLIC ENTITY CONVEYANCE — Government Code § 27383
QUITCLAIM DEED
The undersigned grantor declares that the documentary transfer tax is $ 0 (public entity
conveyance; R &T Code §11922).
•
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BIXBY
RANCH COMPANY, a California limited partnership, hereby REMISES, RELEASES AND
QUITCLAIMS, as of September 22, 2004, without representation or warranty, express or
implied, to the CITY OF SEAL BEACH, a municipal corporation, all of its right, title and
interest in the land located in the City of Seal Beach, County of Orange, State of California,
described on Exhibit "A" attached hereto, together with all improvements thereon.
GRANTOR: BIXBY RANCH COMPANY,
a California limited partnership
By: Bixby Management Corporation,
a Delaware corporation,
Its General Partner
By:
Name:
Title:
57284- 0001 \786677.1
STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
On , 2004, before me, , Notary Public, personally
appeared , proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
•
WITNESS my hand and official seal.
Signature
Notary Public
S7284- 0001A786677.1
EXHIBIT "A" TO QUITCLAIM DEED
LEGAL DESCRIPTION OF LAND
That certain land located in the City of Seal Beach, County of Orange, State of California, being
an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino
Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the intersection of the northerly line of Parcel 1 of the land described in the deed to
the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records
with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the
City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point
being the beginning of a curve in said southeasterly line, concave northwesterly having a radius
of 1040.00 feet, a radial to said point bears S 00 °11'56" W; thence northeasterly 930.35 feet
along said curve through a central angle of 51°15'17"; thence N 38°56'39" E 145.00 feet along
said southeasterly line to the westerly corner of Parcel 3 of the land described in Book 7594,
Page 609 of Official Records; thence N 89 °08' 14" E 39.05 feet along the southerly line of said
Parcel 3 to the southwesterly line on Parcel 2 described in said deed; thence S 51 °03'21" E
89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having
a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle
of 37 °38'25" to a point to which a radial bears S 01°18'14" W, said point being the beginning of
a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach
recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave
southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve
through a central angle of 88°53'42"; thence S 00 °11'56" W 220.78 feet along said westerly line
to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly
21.49 feet along said curve through a central angle of 30 °47'03" to the beginning of a reverse
curve concave easterly having a radius of 70.00 feet; thence southerly 109.69 feet along said
curve through a central angle of 89°47'00" to said northerly line of the land of the State of
California; thence N 89 °48'04" W along said northerly line to the point of beginning.
57284- 0001 \786677.1
Revised
• AGENDA REPORT
•
DATE: August 9, 2004
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: June Yotsuya, Assistant City Manager
SUBJECT: ACCEPTANCE OF OLD RANCH TENNIS CLUB FROM
BIXBY RANCH COMPANY
SUMMARY OF REQUEST:
City Council to provide authorization for City Manager and staff to proceed with the acceptance
of Old Ranch Tennis Club and receipt of funds.
BACKGROUND:
• In the Bixby Old Ranch Towne Center Development Plan, Section 3.2.5. Dedications,
Reservations and Conditions of Development, it states that Bixby Ranch Company offers to
dedicate the Tennis Club to the City at no cost to the City, in an "as is" condition. Upon
acceptance of this offer of dedication, Bixby Ranch Company will also pay to the city the sum of
$1,000,000. The offer of dedication and payment shall begin on the effective date of the
Ordinance and remain open for a period of five years, and may be accepted by the City at any
time after the effective date by sending written notice of such acceptance to Bixby Ranch
Company. Ordinance Number 1440 -A readopted the Development Agreement between the City
of Seal Beach and Bixby Ranch Company, regarding the "Bixby Old Ranch Towne Center
Development Plan ". The City Council adopted the ordinance on August 23, 1999 and the
ordinance became effective on September 22, 1999.
The offer of property also includes a monetary payment of $1,000.000. Bixby Ranch Company
has already advanced $107,000 to the City of which $8,768 went towards architectural /landscape
study prepared several years ago. Therefore, the remaining balance from Bixby to the City is
$893,000. In total, the City will have $991,232 available for improvements in College Park East
including but not limited to the tennis club property. Staff is in the process of updating the cost
estimates for the anticipated improvements to the tennis facility as well as the City's future
ongoing maintenance expenses for the property.
City Staff is moving forward with the Request for Proposals process to secure a lessee to operate
111 the tennis club as a municipal recreational tennis facility. However, to proceed with meeting the
, August 9, 2004 '
City Council Agenda Report — Acceptance of Old Ranch Tennis Club
Page 2
•
terms of the development agreement, staff requests that City Council provide authorization to
City Manager and staff to process any documents necessary to complete the transaction by
September 22, 2004, including submission of a quitclaim deed and submittal of letter requesting
the balance owed by Bixby.
FISCAL IMPACT:
There are minor administrative costs to cover the title report, recording of quitclaim deed, etc.
RECOMMENDATION:
City Council to provide authorization for City Manager and staff to proceed with the acceptance
of Old Ranch Tennis Club and receipt of funds by September 22, 2004.
Submitted by:
June Yotsuya, Assistant City Manager
• NOTED AND APPROVED:
John B. Bahorski, City Manager
Attachments
Acceptance Letter
Quitclaim Deed
•
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• CITY HALL 21 1 EIGHTH STREET
SEAL BEACH, CALIFORNIA 90740
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August 10, 2004
LETTER HAND - DELIVERED
Bixby Ranch Company
3010 Old Ranch Parkway, Suite 100
Seal Beach, California 90740 -2750
Attn: Timothy J. King
Vice President and Chief Financial Officer
Re: Acceptance of Offer of Dedication under Development Agreement dated July 14,
1997 between the City of Seal Beach and the Bixby Ranch Company, as
supplemented by Operating Memorandum Number One and Operating
Memorandum Number Two (collectively, the "Development Agreement ")
Ladies and Gentlemen:
The City of Seal Beach hereby accepts the offer of dedication described in Section 3.2.5.1 of the
above - referenced Development Agreement, which relates to the "Tennis Club" as defined in such
Development Agreement.
Section 3.2.5.1 of the Development Agreement provides that upon acceptance of such offer of
dedication, the Bixby Ranch Company shall pay to the City the sum of One Million Dollars
($1,000,000.00) to be used for improvements that benefit the College Park East neighborhood,
including but not limited to improvements related to the Tennis Club property. However, under
Operating Memorandum Number Two dated July 12, 2001, $100,000 of such sum has been previously
paid. Bixby Ranch has also previously advanced an additional $7,000 to the City, leaving a balance
due of $893,000.
In order to confirm the transfer of title of record (and enable the City to obtain title insurance), please
promptly execute, acknowledge and return the enclosed Quitclaim Deed to our real estate counsel,
Bruce Galloway, Esq., of Richards, Watson & Gershon, at 355 South Grand Avenue, 40 Floor, Los
Angeles, California 90071 -3101.
Very truly yours,
CIT OF • BEACH, a mus' %.al corporation
Jo /°' Bahorski
City Manager
cc: . Quinn Barrow, Esq., Richards, Watson and Gershon
Bruce W. Galloway, Esq., Richards, Watson and Gershon
Jeannette Christenson, Esq., Bixby Ranch Company