Loading...
HomeMy WebLinkAboutResolution No. 5260 RESOLUTION NO. 5260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING CERTAIN CONVEYANCES OF REAL PROPERTY, ACCEPTING CERTAIN EASEMENTS, APPROVING A RECIPROCAL PARKING AGREEMENT, APPROVING A LOT COMBINATION AGREEMENT AND APPROVING CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE SALE OF EMBASSY SUITES HOTEL PROPERTY AND THE CITY CIVIC CENTER PROPERTY THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HERESY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. The City owns certain property consisting of the Downey Civic Center and specifically the Downey Civic Theater, Library, City Hall and adjacent parking lots. B. Downey Hometel Limited Partnership (hereinafter "Hometel ") owns certain property adjacent to the Civic Center which is improved with an Embassy Suites Hotel and a Mimi's Cafe. C. Hometel and the City entered into an agreement on November 12, 1985 in which the City agreed to exchange a 9x135 foot strip of property on the east side of the hotel for an access easement to the theater to allow for loading and unloading of theatrical equipment. The Council finds that the City has received fair market value for the 9x135 foot strip of property based upon the value to the City of the access easement to the theater. D. The agreement of November 12, 1985 also provided for the purchase and operation of an Outdoor Message Center. The agreement provided for purchase by the City, installation by Hometel and further required Hometel to grant to the City an easement for use of the Message Center or access to the cables running under Hometel property. Thus, the City's acceptance of this easement is a measure to implement the November 12, 1985 agreement. 2/6/90 3:00 p.m. E. The reciprocal parking agreement will benefit both the City and Hometel by providing needed parking for the City's Library and providing parking for the hotel. F. In the course of completing the surveys necessary for the title insurance policy on the sale of the hotel, it was discovered that the property line between the City and hotel property crossed portions of the stairway between the theater and the hotel and that the hotel does not have sufficient property for access to its mechanical facilities at the northeast corner of the hotel building. It was also discovered that Hometel owned the walkway in front of the City's Library from the curb up to the front of the building. Thus, it is proposed that the City and Hometel exchange these two parcels of property by the grant deeds described in Exhibits D and E. The City Council finds that the value of the property conveyed to Hometel as described in Exhibit D, is equivalent in value to the property the hotel is conveying to the City adjacent to the Library building. G. Given the exchanges of property contemplated by this Resolution, the hotel and restaurant facilities will be sitting on four parcels of property. Two of the parcels of property, the 9x135 foot strip and the area near the northeast corner of the hotel for access to the mechanical rooms, will be substandard parcels under the City's Building Codes and Zoning Ordinance. The parcel containing a portion of the Mimi's Cafe building is in violation of the City's Building Code and Zoning Ordinance in that it lacks required parking for the — building constructed upon it. Therefore, it is necessary for the City and Hometel to enter into the Lot Combination Agreement, attached as Exhibit G, in order to ensure that all parcels will be held as one parcel and that the Zoning Ordinance and Building Codes are complied with. SECTION 2. In accordance with the findings set forth above, the City Council of the City of Downey hereby approves the following documents -and authorizes the Mayor to execute said documents on behalf of the City in substantially the form as said documents are attached as exhibits to this Resolution: _2_ PMT /WP /RES84109 2/6/90 3:00 p.m. A. "Grant of Easement ", relating to the theater access as set forth on Exhibit A; B. "Grant of Easement and Agreement Relating to Real Property ", relating to the Outdoor Message Center, as set forth on Exhibit 3; C. "Grant Deed" conveying a 9x135 foot strip of property from the City to Hometel as set forth in Exhibit C; D. "Grant Deed" conveying a small portion of property to Hometel for access to its mechanical equipment on the east side of the hotel, as set forth in Exhibit D; E. Accepting a "Grant Deed" from Hometel to the City conveying the sidewalk area in front of the Library as set forth in Exhibit E; F. "Reciprocal Parking /Access Easements and Agreement Relating to Real Property" relating to the parking areas north of the hotel and west of the Library, as described in Exhibit F; G. "Declaration of Restrictions and Lot Combination Agreement Affecting Real Property" as described on Exhibit G; and H. "Consent to Assignment" by Hometel to Sanwa Jutaku of the March 15, 1985 Agreement, Lot Combination Agreement, Parking Agreement and the Grant Deed relating to the 9x135 foot strip of land and the triangular piece near the mechanical room of the Hotel; and I. "Release" of certain parties and its successors in interest from the Disposition and Development Agreement and certain other documents but specifically excluding therefrom 1) the provisions of Section 201 of the Disposition and Development Agreement relating to the $1,200,000.00 Note, 2) the $1,200,000.00 Note of Granada and Hometel, secured by Deed of Trust dated March 18, 1982, and 3) Short Form Deeds of Trust dated March 18, 1982 and recorded as Instrument No. 82- 326374 and 83- 596668 Official Records of Los Angeles County, attached hereto as set forth in Exhibit I. _3_ PMT /WP /RES84109 2/6/90 3:00 p.m. SECTION 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of February 19 90 . , 0/ /° andall R. Barb, Mayor ATTEST: CI Y LERK / I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the City Council of the City of Downey at a regular meeting thereof, held on the 6th day of February , 1990 , by the following vote, to wit: AYES: 4 COUNCILMEMBERS: Hayden, Cormack, Boggs, Barb NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Paul ABSTAINED: 0 COUNCILMEMBERS: None )4 \ 0.....ILL6(1 CITY CLERK (f _4_ PMT /WP /RES84109 2/6/90 3:00 p.m.