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Home My WebLink About5591 RESOLUTION NO. 5591 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE CONVEYANCE OF THE PARCEL D ENCROACHMENT TO CHANDLER INVESTMENT PROPERTIES, L.P. (NORTHSIDE PROJECT) WHEREAS, the Arcadia Redevelopment Agency (the "Agency") and the City Council of the city of Arcadia (the "city") have by duly adopted ordinance approved the Redevelopment Plan (the . "Redevelopment Plan") for the Central Project Area (the "Project"); and WHEREAS, the Redevelopment Plan provides for the participation in the redevelopment of property located within the Project Area by qualified developers; and WHEREAS, Chandler Investment Properties (the "Developer") is the current developer of record for Parcel D in the Agency I s Northside Project pursuant to the duly adopted and approved Assignment and Amendment Agreement dated June 29, 1989 as amended; and WHEREAS, the Developer desires to acquire that portion of Parcel D upon which a concrete block wall owned by the City of Arcadia encroaches (the "Encroachment Parcel", Exhibit A); and WHEREAS, conveyance of the Encroachment Parcel was originally , contemplated as part of the Parcel D conveyance pursuant to that Disposition and Development Agreement by and between Emkay Development Company and the Agency duly approved and adopted on November 17, 1987 as amended; and 1 5591 WHEREAS, the Agency was compensated pursuant to the DDA for the Encroachment Parcel at the time Parcel D was conveyed to Emkay Development Company; and WHEREAS, the Developer has agreed to execute and record against Parcel D a covenant permitting City access to the Encroachment Parcel and to the wall thereon; and WHEREAS, the Developer has agreed to pay a $1,000.00 administrative processing fee to the Agency to reimburse the Agency for its costs in complying with this request; and WHEREAS, the Agency has prepared and approved on November 20, 1973 a program environmental impact report for the Redevelopment Plan; and WHEREAS, an environmental impact report for the Northside Project was considered and approved by the Agency on November, 17, 1987; and WHEREAS, the Agency has caused to be published notices of a Joint Public Hearing to obtain testimony concerning the proposed conveyance of the Encroachment Parcel to the Developer; and WHEREAS, the Agency has made available for public inspection a Disposition Report (the "Summary, Exhibit B) summarizing the details of the proposed Encroachment Parcel conveyance to the Developer; and WHEREAS, pursuant to provisions Health and Safety Code section 33433, the Agency and the City Council of the City of Arcadia have held a duly noticed Joint Public Hearing concerning the proposed conveyance of the Encroachment Parcel to the Developer; and 2 5591 WHEREAS, the City Council has considered all terms of the proposed conveyance. NOW, THEREFORE, THE ARCADIA CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the facts set forth in the recitals hereof are true and correct. SECTION 2. That the Summary attached hereto as Exhibit B is hereby accepted and approved. SECTION 3. A full and fair pUblic hearing having been held concerning the proposed conveyance as stated in the recitals herein, the City Council approves the conveyance of the Encroachment Parcel, as described herein in Exhibit A, to the Developer. SECTION 4. That the sale and proposed development of the site are consistent with the Redevelopment Plan. SECTION 5. That the City Clerk of the city of Arcadia is hereby authorized and directed to certify to the adoption of this Resolution. SECTION 6. This Resolution shall take effect upon adoption. Passed, approved 1. Mayor of the City of Arcadia . city 3 5591 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ARCADIA ) ) SS: ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby ce~tify that the foregoing Resolution No. 5591 was passed and adopted by the City Council of the city of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 4th day of June, 1991, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmernbers Ciraulo, Fasching, Harbicht, Young andGilb NOES: None ABSENT: None J ci erk chan2.91r 4 5591 ENCROACHMENT PARCEL LEGAL DESCRIPTION * DESCRIPTION: THOSE PORTIONS OF LOTS 5 AND 6, BLOCK 84, PART OF SANTA ANITA TRACT, IN THE CITY OF ARCADIA, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 34, PAGES 41 AND 42, OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SECOND AVENUE, 60 FEET WIDE, AS SHOWN ON SAID MAP OF SAID TRACT, WITH A LINE PARALLEL WITH AND 10 FEET NORTHERLY, MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF THAT 40 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED RECORDED IN BOOK 423, PAGE 269, OF DEEDS, OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE, NORTH 0 DEGREES, 01 MINUTES, 16 SECONDS, EAST 120.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89 DEGREES, 55 MINUTES, 27 SECONDS, EAST 597.66 FEET, MORE OR LESS, ALONG A LINE PARALLEL WITH SAID NORTHERLY LINE, TO THE SOUTHWESTERLY LINE OF THAT 60 FOOT WIDE STRIP OF LAND DESCRIBED IN DEED RECORDED IN BOOK 01244, PAGE 330, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 6 DEGREES, 13 MINUTES, 04 SECONDS, EAST 0.12 FEET; THENCE NORTH 89 DEGREES, 57 MINUTES, 15 SECONDS, WEST 597.73 FEET TO THE EASTERLY LINE; THENCE NORTH 0 DEGREES, 01 MINUTES, 16 SECONDS EAST 0.41 FEET TO THE TRUE POINT OF BEGINNING. * - The leqal descriptioD hereiD is believed by AqeDcy staff to accurately describe the BDcroacbmeDt parcel, however the fiDal leqal descriptioD will be prepared by Ticor Title company, Chicaqo Title company or some other reputable title company or a CaliforDia aegistered Land Surveyor or CaliforDia aeqistered Civil BDqiDeer liceDsed and qualified to write said leqal descriptioD. \, chanleq.9ld 5591 Exhibit "An LOCATION MAP I ~' ~ ~ ~t' ~ ~ >>. I -to . ~ ,~ . .~ !i ~~ ~! . ~ I ~~ I "-.; . I ~r ~l 'I '" ~I . I .'f ~: ~r I \ .~ '. 0, j'i\! I l ~ ~'I : \. , ' ~ I ~\{.. , ---~LZ;" .. . 11I.4Y411/J1.".'__"''''~ L._______ _.c..'!.."!!!!:!!!...~.!!'!..~~____ O fj.obl).' ,I.S4()O()' '.04.1' . . -,:C $ANTA. CLA~A . NOT TO SCALE ~ PROP!'::'tTY TO BE: COWEYED, ", ~~;., ... .."~~.", ~"~', .....,,-.'- " ......~Q.~.. C!od_-~~_ .........;- 5591 Exhibit "A" PARCEL "D" ENCROACHMENT DISPOSITION REPORT The following Disposition Report is prepared pursuant to Health and Safety Code Section 33433 and serves to describe the circumstances and terms of conveyance of property pursuant to a Disposition and Development Agreement (the "DDA") between the Arcadia Redevelopment Agency (the "Agency") and Emkay Development Company, Inc. dated November 17, 1987 as amended. The DDA was subsequently assigned to Chandler Investment Properties, L.p.(the "Developer") by Agreement dated June 29, 1989, as amended. 1. GENERAL PROJECT DESCRIPTION The DDA (approved by the Agency on November 17, 1987 provides for the development of property shown in the attached Location Map (Attachment No.1) generally referred to as Parcel "0". The Developer currently owns the majority of Parcel "0" through acquisition from Emkay. At the time of the Agency sale to Emkay, a small portion of Parcel "0" (the "Encroachment", See Attachment No.2; Legal Description and Engineering Detail) was excluded from the sale at Emkay's request. Parcel "0" was excluded from the sale to Emkay as a result Ot an ALTA survey which indicated that the southern block wall to the City's st. Joseph Street Reservoir encroached into the property. The area of the Encroachment is approximately 167 square feet. subsequent to the Agency's sale to Emkay, Emkay sold Parcel "0" to the Developer for development pursuant to the DDA. The Emkay conveyance to the Developer contained all of Parcel "0" including the previously excluded Encroachment. The Developer has requested that the Agency now convey the Encroachment. They would like legal title to all of Parcel "0" as originally intended in the DDA. In return for conveying the Encroachment to the Developer, the City of Arcadia (the "City") and the Agency will require that a prescriptive easement be imposed on Parcel "0" which allows access by City personnel to maintain the block wall. , Agency conveyance of the Encroachment will not affect "the development schedule of Parcel "0". The Developer has until March 31, 1992 to complete the approved improvements. 2. COSTS TO TBB AGBBCY All costs to the Agency have previously been detailed in the original Disposition Report for the Northside Project and the DOli.. Conveyance of the Encroachment as proposed here will not cause the Agency to incur any additional costs other than a minor amount of staff time. This administrative cost totals approximately $1,000. 5591 Exhibit "B" 3. FUTURE REVENUE The Agency has already been compensated for the Encroachment as set forth in the DDA. The total sales price for Parcel "0" was not adjusted downward as a result of removing the Encroachment parcel from the Emkay sale. The Agency received $11.50 per square foot for Parcel "0" inclusive of the Encroachment. The Developer has agreed to pay for the Agency's estimated administrative costs ($1,000) for processing the Encroachment conveyance. There is therefore no net cost (or gain) to the Agency. 4. PROJECT BENEPITS The principal benefits of conveying the Encroachment are administrative in nature. the benefits include: A. Clarification of title and property lines through consolidation of parcels. B. Guaranteeing access by city personnel for the purpose of maintaining the property line wall through provision of a prescriptive easement over Parcel D. ' For further information or copies of referenced documents, contact Dale Connors in the Economic Development Department, Arcadia City Hall, 240 W. Huntington Drive, Arcadia, CA 91007, (818) 574-5409. disrpt1.ns .", 5591