TO: ATTENTION: FROM: SUBJECT: Honorable Mayor and Members of the City Council Jeffrey L. Stewart, City Manager Leo L. Mingle, Jr., Assistant City Manager P.J. Mellana, Directors of Parks and Recreation Authorization for the City Manager to Execute and Record a Revised and Restated Memorandum of Unrecorded Grant Project Agreement for Grant No. 23.72 (Trabuco Butterfly Garden Project) DATE: August 10, 2015 EXECUTIVE SUMMARY This action would authorize the City Manager to execute and record a Revised and Restated Memorandum of Unrecorded Grant Project Agreement (Revised and Restated Agreement) as part of the State of California s Urban Greening Grant requirement. The Revised and Restated Agreement would restrict the use of the property for purposes for which the Urban Greening Grant was awarded. It also restricts the property from being sold, transferred, and/or used as mitigation purposes or security for any debt. RECOMMENDATION Authorize the City Manager to execute and record the attached Revised and Restated Agreement. FISCAL IMPACT No fiscal impact. DISCUSSION On January 26, 2015, the City of Bellflower approved the purchase of the privately owned commercial properties (Property) located at 10525 Trabuco Street and 10466-10510 Alondra Boulevard for the development of an open space park referred to as the Trabuco Butterfly Garden Project. The Property was purchased and paid for by the City in April 2015 for $700,000. The Urban Greening Grant is to reimburse the City an amount of $650,000 towards the acquisition costs. An executed and recorded memorandum of unrecorded grant project agreement is a requirement for the reimbursement. Page 1 of 2-1 -
Staff Report Revised and Restated Memorandum of Unrecorded Grant Agreement - Urban Greening Grant - Trabuco Butterfly Garden Project August 10, 2015 Page 2 of 2 On May 20, 2015, a Memorandum of Unrecorded Grant Project Agreement was recorded with the County of Los Angeles Recorder s Office. The Memorandum of Unrecorded Grant Project Agreement provided the correct legal description of the grant funded parcel, however, it erroneously labeled the parcel as Parcel B instead of Parcel C. This Revised and Restated Agreement is to correct that clerical error. A tentative parcel map is provided for further references of Parcels A, B, and C. This Revised and Restated Agreement restricts the use of the Property for purposes for which the Urban Greening Grant was awarded. It also restricts the Property from being sold without written, transferred, and/or used as mitigation purposes or security for any debt. The Revised and Restated Agreement reiterates the City s obligations under the Urban Greening Grant for Grant No. 23.72 (Trabuco Butterfly Garden Project) entered on March 9, 2015. ATTACHMENTS Restated Memorandum of Unrecorded Grant Project Agreement... 3 Tentative Parcel Map No. 73426... 6 Doc 324657-2 -
Recording requested by, and ) when recorded, return to: ) State of California ) Natural Resources Agency ) Bonds & Grants ) 1416 Ninth Street, Suite 1311 ) Sacramento, CA 95814 ) Space above this line for Recorder s use REVISED AND RESTATED MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Revised and Restated Memorandum of Unrecorded Grant Agreement (Revised and Restated Memorandum), dated as of August 10th, 2015, is recorded to provide notice of an agreement between the State of California, by and through the California Natural Resources Agency ( Agency ) and City of Bellflower ( Grantee ). RECITALS On or about March 9th, 2015, Agency and Grantee entered into a certain Grant Agreement, Grant No. U59313-0 ( Grant ), pursuant to which Agency granted to Grantee certain funds for the acquisition or development of certain real property, more particularly described in attached Exhibit A, consisting of the legal descriptions and/or deeds, and incorporated by reference (the Real Property ) and bearing Assessor Parcel Numbers listed below. APNs: Portions of 7017 001-021, 7017-001-022, 7017-001-023, 7017-001-024, 7017-001-025, 7017-001-032 All parcels listed above will be combined into one parcel then split into three parcels A, B, C Parcel C,.080 acre in size, is the parcel to be purchased with grant funds at a FMV of at least $700,000. This Revised and Restated Memorandum is to correct a clerical error on the previously recorded memorandum of unrecorded grant agreement dated March 9, 2015 and recorded on May 20, 2015 (recording document number: 20150586134). The memorandum of unrecorded grant agreement incorrectly labeled the grant funded parcel as Parcel B instead of Parcel C. This Revised and Restated Memorandum shall rescind and replace the previously recorded memorandum of unrecorded grant agreement in its entirety. Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. Grantee desires to execute this Revised and Restated Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant. NOTICE The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State. The Grantee shall not use or allow the use of any portion of the real property as security for any debt. For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, which is on file with the California Natural Resources Agency, 1416 Ninth Street, Suite 1311, Sacramento, California 95814. CITY OF BELLFLOWER GRANTEE: By: Jeffrey L. Stewart, City Manager - 3 - Doc 324658
PARCEL A PUMP HOUSE AND BILLBOARD PARCEL EXHIBIT A LEGAL DESCRIPTIONS (PAGE 1 OF 2) THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 12 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF BELLFLOWER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN UPON A MAP RECORDED IN BOOK 41819, PAGE 141, ET SEQ., OF OFFICIAL RECORDS OF SAID COUNTY; BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF THE 100 FOOT STRIP OF LAND CONDEMNED FOR THE OPENING AND WIDENING OF CENTER STREET BY FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, LOS ANGELES COUNTY, CASE NO. 600977, A CERTIFIED COPY THEREOF BEING RECORDED NOVEMBER 12, 1952 IN BOOK 40284, PAGE 240, OFFICIAL RECORDS, OF SAID COUNTY; AND BOUNDED ON THE EAST BY THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE EDISON SECURITIES COMPANY, A CORPORATION, RECORDED SEPTEMBER 29, 1950, AS INSTRUMENT NO. 3544 IN BOOK 34439, PAGE 304, OF OFFICIAL RECORDS; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SECTION 23; AND BOUNDED ON THE WEST BY A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 70.52 FEET FROM SAID WESTERLY LINE OF THE EDISON SECURITIES COMPANY AS RECORDED IN BOOK 34439, PAGE 304 OF OFFICIAL RECORDS. CONTAINS 5000 SQUARE FEET, MORE OR LESS. PARCEL B REMAINDER PARCEL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 12 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF BELLFLOWER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN UPON A MAP RECORDED IN BOOK 41819, PAGE 141, ET SEQ., OF OFFICIAL RECORDS OF SAID COUNTY; BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF THE 100 FOOT STRIP OF LAND CONDEMNED FOR THE OPENING AND WIDENING OF CENTER STREET BY FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, LOS ANGELES COUNTY, CASE NO. 600977, A CERTIFIED COPY THEREOF BEING RECORDED NOVEMBER 12, 1952 IN BOOK 40284, PAGE 240, OFFICIAL RECORDS, OF SAID COUNTY; AND BOUNDED ON THE EAST BY A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 444.01 FEET FROM THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE EDISON SECURITIES COMPANY, A CORPORATION, RECORDED SEPTEMBER 29, 1950, AS INSTRUMENT NO. 3544 IN BOOK 34439, PAGE 304, OF OFFICIAL RECORDS; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SECTION 23; AND BOUNDED ON THE WEST BY A LINE WHICH BEARS NORTH 3º08'30 WEST FROM A POINT IN THE CENTER LINE OF TRABUCO STREET, 60 FEET WIDE AS SHOWN ON COUNTY SURVEYORS MAP NO. 7492, ON FILE IN THE OFFICE OF THE SURVEYOR OF SAID COUNTY THAT IS DISTANT NORTH 89º00'45 EAST 1818.31 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 23. CONTAINS 8325 SQUARE FEET, MORE OR LESS. - 4 -
EXHIBIT A LEGAL DESCRIPTIONS (PAGE 2 OF 2) PARCEL C GRANT FUNDED PARCEL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 12 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF BELLFLOWER, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN UPON A MAP RECORDED IN BOOK 41819, PAGE 141, ET SEQ., OF OFFICIAL RECORDS OF SAID COUNTY; BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF THE 100 FOOT STRIP OF LAND CONDEMNED FOR THE OPENING AND WIDENING OF CENTER STREET BY FINAL DECREE OF CONDEMNATION ENTERED IN SUPERIOR COURT, LOS ANGELES COUNTY, CASE NO. 600977, A CERTIFIED COPY THEREOF BEING RECORDED NOVEMBER 12, 1952 IN BOOK 40284, PAGE 240, OFFICIAL RECORDS, OF SAID COUNTY; AND BOUNDED ON THE EAST BY A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 70.52 FEET FROM THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO THE EDISON SECURITIES COMPANY, A CORPORATION RECORDED IN BOOK 34439, PAGE 304 OF OFFICIAL RECORDS; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID SECTION 23; AND BOUNDED ON THE WEST BY A LINE THAT IS PARALLEL WITH AND DISTANT WESTERLY 444.01 FEET FROM SAID WESTERLY LINE OF THE EDISON SECURITIES COMPANY AS RECORDED IN BOOK 34439, PAGE 304 OF OFFICIAL RECORDS. CONTAINS 0.800 ACRE, MORE OR LESS - 5 -
TENTATIVE PARCEL MAP NO. 73426 IN THE CITY OF BELLFLOWER COUNTY OF LOS ANGELES, STATE OF CALIFORNIA LEGEND: ~ '~' '~ ~ ~~ ~ -- ~ [ -.y~ - -o- ---- ---.._ ""Q"! ~!Yol'IR!PUl ~~ "" I BEING A PROPOSED SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 12 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON MAP RECORDED IN BOOK 41819, PAGE 141, ET SEQ., OF OFFICIAL RECORDS OF SAID COUNTY. ~ ""'., ~. ' - --~----~-- -~~~=c=,~c== c= c= -==~~ '-. "'" - c- "" "".1 t "' ~~ 'I' '" f. " '<_ "" "" ~~~ PARCEL c "" '- '- 34,848 Sq. Ft. =Gross '- 17,764Sq. Ft. =Net f--, "" " - ~... ~~"! ~~ :::::~:~~ iziio ~---- ~ -'-jf ------ =~ ro ~.;~ 'lllmftl DIY: ~~ID «~...!!:,.M}',Colifornia\KI242 ~ Oleon b Doll& A~ :oociole~ 1n (~52) 1103- ou raxf!i61)mj-40&~ Clr"''O(Gfllllowt 166000\'ICCI.HTUOot ICUflOMII.CAJIDlllf AT'TN:MU.NI{.U( rl4: 1S'1/-.J1U CSMONINWCU JJm{S,N/IONO' H.o\I'I'OI!DS"I.a:U.Jm /'N'/ W/tl CIL~<NAISTMKD/~I>IP.lA/Ilt.IO l JJ TENTATIVE PARCEL MAP NO. 73426 I G- 10466-10510 ALONDRA BOULEVARD & 10525 TRABUCO STREET CITY OF BELLFLOWER "' 1 """" JOB NO.~ - 6 -