HomeMy WebLinkAboutBushard (East Side), South of Hamilton Avenue - Huntington Beach (Old Water Well Site)r
Evans, Goffman & McCormick
•SOIL AND ROCK ENGINEERING
.FOUNDATION ENGINEERING
-ENGINEERING GEOLOGY
•ENGINEERING SEISMOLOGY
•GEOPHYSICS
October 12, 1972
Our Job 72 -95
DENNIS A. EVANS
Civil F.�gio ee.
JACKSON F. GOFFMAN
E�ei�euiog Oeala gi si
JOHN J. W CORMICK.
Civil Engine
Report of
Soil Engineering Study
City Owned Property
Bushard Street South of Hamilton Street
Huntington Beach, California for the
City of Newport Beach
1636 E. Edinger Ave.., Suite D, Santa Ana, California 92705 • (714) 835 -1808
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TABLE OF CONTENTS
Page
INTRODUCTION . . . . . . . . . . . . . . . . . . . .
. . . . 1
PURPOSE . . . . . . . . . . . . . . . . .
. . . . 1
SCOPE . . . . . . . . . . . . . . . . . . . . .
. . . . 1
FINDINGS. . . . . . . . . . . . . . . .
. . . . 2
SITE CONDITIONS . . . . . . . . . . . . . . . .
. . . . 2
SOIL MATERIALS . . . . . . . . . . . . . .
. . . . 3
Existing Fill . . . . . . . . . . . . . .
. . . . 3
Alluvium . . . . . . . . . . . . . . . . .
. . . . 4
SEISMICITY . . . . . . . . . . . . . . . . .
. . . . 4
GROUNDWATER . . . . . . . . . . . . . . . . . .
. . . . 5
CONCLUSIONS . . . . . . . . . . . . . . . . .
. . . . 6
1.10 FEASIBILITY. . . . . . . . . . .
. . . . 6
1.20 EXCAVATION CHARACTERISTICS . . . . . . . . . .
. . . . 6
1.21 Grading . . . . . . . . . . . . . . .
. . . . 6
1.22 Trench Excavation . . . . . . . . . . . .
. . . . 6
1.23 Shrink- Swell . . . . . . . . . . . . . . .
. . 7
1.30 GROUNDWATER. . . . . . . . . . . . . . . . .
. . . . 7
1.40 SEISMICITY . . . . . . . . . . . . . .
. . . . 7
1.50 FOUNDATION DESIGN . . . . . . . . . . . . . . .
. . . . 9
RECOMMENDATIONS . . . . . . . . . . . . . . . . . .
. . . . 9
2.10 GENERAL. . . . . . . . . . . . . . .
. . . . 9
2.20 SITE PREPARATION . . . . . . . . . . . . . . .
. . . . 9
2.21 Stripping . . . . . . . . . . . .
. . . . 9
2.22 Abandoned Pipelines . . . . . . .
. . . . 10
2.23 Processing of In -place Soils. . . . . . .
. . . 10
2.30 FILL MATERIALS $ FILL PLACEMENT. . . . . . . .
. . . . 11
2.31 Suitability . . . . . . . . . . .
. . . . 11
2.32 Compaction Standard . . . . . . . . . .
11
2.40 FOUNDATION DESIGN . . . . . . . . . . . . . .
11
PLATE
Plate 1 -Vicinity Map
APPENDIX
P_ age
SUPPORTING DATA AND PROCEDURES . . . . . . . . . . . . . . . A -1
LOCATION . . . . . . . . . . . . . . . . . . . . . . . A -1
TESTING. . A -3
Moisture - Density. A -3
Compaction Tests. . . . . . . . . . . . . . . . A -4
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APPENDIX (continued)
Page
Grain-Size Distribution
. . . . . . . . . . . . .
. A -4
Atterberg Limits . .
. . . . . . . . . . .
. A -5
'
Consolidation Test.
s
. . .
A -5
Expansion Tests . . .
. . . . . . . . . . . . . .
. A -6
Strength Tests . . .
. . . . . . . . . . . . . .
. A -7
PLATES
Plates A -1.1 thru A -1.9
-Log of Drill Hole
Plate A -2
- Legend to Logs
'
Plate A -3
- Compaction Test Data
Plates A -4.1 thru A -4.3
- Consolidation Test Data
Plates A -5.1 thru A -5.3
- Expansion Test Data
'
Plate A -6
-Shear Test Data
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' INTRODUCTION
'
PURPOSE
related to past oil production and, (c) obtain
'
This report presents the results of our investigation
'
of soils
conditions present on a five acre parcel of City of
'
Newport
Beach owned property on Bushard Street, south of Hamilton
'
Street in
Huntington Beach, California. Our investigation was
'
performed
at the City's request under Purchase Order No. 8660 to
provide
information to potential purchasers of the property re-
'
garding
its general suitability for development under the present
'
R -1 zoning.
SCOPE
'
The scope of our study is outlined as follows:
'
1. Perform one day of exploratory drilling to, (a)
observe general soil conditions, (b) attempt to
'
locate any large areas of loose fill or oil sumps
related to past oil production and, (c) obtain
'
representative soil samples for laboratory testing.
'
2. Perform laboratory testing and engineering analysis
in sufficient detail to provide conclusions and
'
recommendations as to the suitability of the site
to support structure foundations common to R -1
'
zoning under static and anticipated seismic loading
1
conditions.
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3. Prepare this formal report summarizing our observa-
tions and test data, and presenting our conclusions
and recommendations relative to the use of the
property.
FINDINGS
SITE CONDITIONS
At the time of our investigation the site had been
cleared of former structures related to water pumping and storage
facilities, and the oil well formerly on the site had been aban-
doned. Two small oil storage tanks had been removed from their
foundations but had not yet been hauled away. The concrete foun-
dations for the tanks and other structures formerly on the site
had been demolished and most of the concrete fragments removed.
Some loose fill and oil- soaked gravel and soil were present in
the oil storage tank area at the northwest corner of the property
as was an abandoned gas service and meter. A small area of
asphalt pavement was noted in the southwest corner of the site and
minor amounts of trash, debris, weeds and broken concrete were
scattered about the surface and mixed with the upper one foot of
the surface soils on the site. The locations of the buildings,
water and oil storage tanks, and the recently abandoned oil well
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are shown on the base map prepared by the City of Newport Beach
and used for Plate 1 of this report. The approximate location of
a previously abandoned exploration well as shown on the Division
of Oil and Gas Map #136 has also been plotted on this map. Numer-
ous shallow abandoned pipelines related to the former oil well
and water system facilities are also assumed to be present.
SOIL MATERIALS
Existing Fill. Minor fills remaining from the dike
surrounding the oil storage tank area are present in the northwest
corner of the site and in the former building pad area at our drill
hole DH6. Other, minor, artificial fills are assumed to be present
to depths of about one foot at the former sites of the other build-
1 ings. Existing fill was encountered in our drill hole DH9 to a
depth of five feet near the site of the abandoned oil well. This
1 fill may be the backfill placed over the cap covering the well
casing or may be the result of a deep, concrete pump foundation
1 which was removed. Other fills which are assumed to be present
1 on the property are (1) backfilled drilling mud sumps probably
located near each of the abandoned oil wells, (2) backfills over
1 abandoned pipelines and, (3) backfill placed in former foundation
areas or in trenches where pipelines were removed. All existing
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1 fills are assumed to consist of soft, compressible sandy silt and
probably contain varying amounts of trash and debris.
Alluvium. The alluvial soil native to the site consists
1
generally of (1) sandy to clayey silt to a depth of seven to eight
feet, (2) a one -to- three -foot thick bed of soft, silty clay be-
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tween about eight to ten feet and (3) medium to fine sand below
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about nine to ten feet. Complete descriptions of these materials
are presented in our drill logs presented in the Appendix to this
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report. The upper one foot of this alluvium was generally loose
and dry; the material below this depth becomes damp and more firm
1
but is generally of low density and compressible to .a depth of
1
about eight to ten feet. The sand below this depth was found to
be dense. These materials range from non - expansive to moderately
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expansive under typical foundation loads.
' SEISMICITY
Three geological features have seismically influenced
1 the site. These features are the Newport- Inglewood Fault located
1 approximately one mile to the southwest, the Whittier Fault
located approximately 20 miles to the northeast and the Norwalk
1 Fault located approximately 15 miles to the northeast.
Significant among the earthquakes which have occurred
1 in the past associated with the Newport- Inglewood Fault zone, is
' the earthquake of March 11, 1933, Richter magnitude 6.3. This
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' earthquake has been commonly referred to as the "Long Beach"
earthquake, and its epicenter was located approximately ten miles
southwest of the site. The Whittier Fault zone has been associated
with only one earthquake of magnitude as great as 4.4 during the
last 34 years (the approximate duration of detailed and concen-
trated study of Southern California earthquakes). The Norwalk
Fault has been associated with the "Whittier" earthquake, magni-
tude.4.7, July 8, 1929, and subsequent earthquakes of smaller
magnitude.
The recurrence of seismic activity along these faults
may be indicative that stress relief occurs at a fairly.consistent
' point of maximum strain. Therefore, if this assumption is cor-
rect, it is anticipated that, although earthquakes may be expected
in the future from these fault systems, they should not be signi-
ficantly stronger than those experienced in the past, i.e. magnitude
' 6.0 to 6.5.
'
GROUNDWATER
Groundwater, as a zone of free moisture, was encountered
at depths ranging from 12 to 16 feet below the present ground
' surface.
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' CONCLUSIONS
' 1.10 FEASIBILITY
It is our opinion that it is geotechnically feasible
and practical to develop the property for the support of one-
' and two -story woodframe, residential structures utilizing
conventional slab -on -grade foundations assuming that the
' following conclusions and recommendations are considered in
' the design and construction of the improvements and struc-
tures.
' 1.20 EXCAVATION CHARACTERISTICS
1.21 Grading. The soil materials present on the property
can be easily excavated with scraper -type equipment to a
depth of about eight feet below the present ground surface.
At present ground water levels, high soil moisture content
below this depth will result in very soft conditions which
' would restrict the use of rubber -tired earthmoving equip-
ment.
1.22 Trench Excavation. Trench excavation with backhoes or
trenching machines can be easily accomplished to depths of
eight to ten feet below the present ground surface. De-
' watering would probably be necessary for any trench excavation
below a depth of about ten feet below present ground surface
' elevations.
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' 1.23 Shrink-Swell. Based on the results of our laboratory
testing, we conclude that the decrease in volume, due to
' excavation of the on -site soils in the upper four feet below
' the present ground surface and placement of these materials
as fill compacted to an average relative compaction of 93
' percent, will be in the order of 25 percent for the upper
' one foot below ground surface and an average of 15 percent
for the upper four feet.
1.30 GROUNDWATER
' Assuming that there is no significant change in ground
water levels above those observed during our exploratory
' drilling, seepage may be. encountered in any excavation
reaching a depth of eight feet or more below the present
1 ground surface.
1.40 SEISMICITY
There is no evidence to indicate that seismicity repre-
sents any significant hazard to the development of the site,
' i.e., significant when compared to Southern California as a
whole.
' The relation between earthquake magnitude, M, and ground
' acceleration, a, in centimeters per second per second, at
the epicenter may be roughly estimated by the expression:
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A magnitude 6.0 earthquake at a distance of approxi-
mately 10 miles from the site would be expected to produce
ground motion at the site with a duration of strong vibra-
tion of approximately 15 seconds and a predominant period
of 0.5 seconds or longer.
A magnitude 6.0 earthquake at a distance of one to two
miles from the site would be expected to produce ground
motion at the site with a duration of strong vibration of
approximately 15 seconds, -and.a predominant period of 0.2
to.0.5 seconds.
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M = 2.2 + 1.8 log a. Based
on this relationship which
'
assumes a point source of energy release, a magnitude 6.0
corresponds to a ground acceleration of 0.17g.
'
Statistical analysis of
California earthquake data in-
dicates the following probabilities of ground acceleration
at the site with respect to
a 50 year life of the improve-
: '
ments:
Ground Accleration
Once Per
(g- acceleration of gravity)
50 Years Probability
0.10g
88%
0.15g
64%
0.20g
40%
0.25g
22%
A magnitude 6.0 earthquake at a distance of approxi-
mately 10 miles from the site would be expected to produce
ground motion at the site with a duration of strong vibra-
tion of approximately 15 seconds and a predominant period
of 0.5 seconds or longer.
A magnitude 6.0 earthquake at a distance of one to two
miles from the site would be expected to produce ground
motion at the site with a duration of strong vibration of
approximately 15 seconds, -and.a predominant period of 0.2
to.0.5 seconds.
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1.50 FOUNDATION DESIGN
The use of shallow foundation systems, i.e., continuous
wall footings with slab -on -grade floors, is feasible provided
corrective grading measures as described in subsequent sec-
tions in this report are followed
RECOMMENDATIONS
2.10 GENERAL
The following recommendations are general in nature and
' should be reviewed by a qualified soils engineer at such time
that specific grading and foundations plans have been pre -.
' pared for development of the property.
2.20 SITE PREPARATION
2.21 Stripping. All existing pavement or fill should be
stripped from areas which will be supporting structures or
roadways. Any decomposable trash, debris, sumps or oil-
saturated soils should be removed from the site. Particular
care should be taken to remove any loose fill resulting from
the abandonment of the oil wells formerly on the property.
Due to the compressible nature of the surface soils, addi-
tional stripping will be necessary in areas of shallow cut
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or fill. For preliminary estimating purposes, we recommend
tanticipating
the need for a.compacted soil blanket at least
four feet thick under buildings and 12 inches thick under
roadways to provide for uniform load transfer. This load
transfer blanket can be made up of soil stripped from below
the present surface and planned fill above present ground
surface. In all cases, the upper 18 inches of loose surface
soil below the present ground surface should be stripped and
replaced as compacted fill.
2.22 Abandoned Pipelines. Any existing pipelines crossing
building areas should be removed and the excavations back-
'
filled and compacted.
2.23 Processing of In -place Soils. The surfaces exposed by
the stripping described earlier, and the existing ground
surfaces in areas which will not be supporting roadways or
structures should be mixed, watered, and compacted to at
least 90 percent relative compaction to a depth of at least
six inches. The possible need for deeper removal and /or
be
processing should determined through review of grading
and /or foundation plans for the site by a qualified soils
engineer.
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2.30 FILL MATERIALS $ FILL PLACEMENT
2.31 Suitability. All on -site soil materials, including those
removed by stripping, are suitable for use as compacted fill
provided that (1) care is taken to remove all oil- saturated
soils and materials derived from oil sump cleanout and (2)
the soils are processed and /or blended as necessary to obtain
near the optimum moisture contents for compaction.
2.32 Compaction Standard. All soil materials used as com-
pacted fill, or materials processed in- place, should be at
or near optimum moisture content and compacted to at least
90 percent relative compaction as determined by ASTM Test
Method D- 1557 -71, modified to use 3- layers.
2.40 FOUNDATION DESIGN
While final recommendations as to foundation design must
be based on a review of specific development plans,as well
as conditions exposed during grading, it is anticipated that
conventional 12- inch -wide by 12 -inch deep wall footings,
and 3 -5/8- inch -thick floor slabs can be utilitzed to support
one- and two -story single family, residential structures.
An allowable bearing value of 1500 pounds per square foot
can be used for preliminary sizing of foundation elements.
Reinforcement of these footings and slabs will probably be
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necessary due to the expansive nature of most of the on -site
' soils. The use of moisture barriers below the interior
floor slabs will also probably be necessary.
The Plates and .Appendix which complete this report are
listed in the Table of Contents.
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Respectfully submitted,
EVANS, GOFFMAN F, McCORMICK
. ,Jackson E. Goffman
Enginee . g Geo ist y2
Dennis A. Evans
Civil Engineer 14450
79-1 2
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APPENDIX
Page A -1
SUPPORTING DATA AND PROCEDURES
LOCATION
Subsurface exploration at the site was supplemented by
a review of available literature and unpublished reports relative
to adjacent areas.
Subsurface exploration was accomplished by the drilling
of nine holes ranging in depth from 11 to 30 feet. The locations
of these drill holes are shown on Plate 1. The drilling was
1 accomplished using a truck - mounted, rotary, bucket -auger drill.
Representative drill holes were logged for geologic
1 data by a professional engineering geologist, and "undisturbed"
1 samples were taken of significant soil types. The "undistrubed"
samples were taken using a 3.375 -inch outside diameter drive
1 sampler which contains a 2.625 -inch inside diameter, brass sample
sleeve, eight inches in length. All samples are capped and sealed
1 immediately upon extraction. Bulk samples of representative soil
1 types are also taken.
The logs of each drill hole are presented as Plates
1 A -1.1 through A -1.9 - Log of Drill Hole. The geologic and engi-
neering field descriptions and classifications which appear on
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these logs are prepared according to Corps of Engineers and Bureau
of Reclamation standards. Major Soil classifications are prepared
according to the Unified Soil Classification System. Since the
description and classification which appears on the Log of Drill
Hole is intended to be that which most accurately describes a
' given interval of drill hole (frequently an interval of several
' feet), discrepancies do occur in the Unified Soil Classification
System nomenclature between that interval and a particular sample
' in that interval. For example, an eight -foot thick interval in
the Log of Drill Hole may be identified as a silty sand (SM) while
' one sample taken within the interval may have individually been
' identified as a sandy silt (ML). This discrepancy is frequently'
allowed to remain to emphasize the occurrence of local textural
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variations in the interval.
Plate A -Z is a "fold -out" legend to the Log of Drill
hole. The descriptive terminology generally conforms to current
ASTM standards and is summarized as follows:
a. Soil Type - Per Legend of Logs
b. Color - at field moisture
c. Moisture - (as estimated during drilling)
"dry"
"damp" - some moisture but less than optimum for
compaction
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1 TESTING
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"moist" - near optimum
"wet" - above optimum
"saturated" - containing free moisture
Grain size - "fine ", "medium ", and "coarse"
Density (granular soils) - "loose" and "dense"
Consistency (cohesive soils)
"soft" - easily penetrated several inches
with thumb
"firm" - penetrated several inches with
thumb with moderate effort
"stiff" - readily indented with thumb but
penetrated only with great effort
"very stiff" - readily indented with thumb nail
"hard" - indented with difficulty with
thumbnail
Moisture- Density. Field moisture content and in -place
density were determined for each eight -inch sample sleeve of
undisturbed soil obtained. The field moisture content is deter-
mined according to ASTM Test Method D2216 -66 by obtaining one -
half the moisture sample from each end of the eight -inch sleeve.
The in- place dry density of the sample is determined by using the
wet weight of the entire sample.
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At the same time the field moisture content and in -place
density are determined, the soil materials at each end of the
sleeve are classified according to the Unified Soil Classification
System, and, for cohesive soils, the shearing resistance is
estimated using a hand- operate, "Torvane ", vane -shear device. The
results of the field moisture content and in -place density deter-
minations are presented on the right -hand column of Plates A -1.1
through A -1.9 - Log of Drill Hole. The results of the visual
classification and vane- shear tests are used for general reference.
Compaction Tests. Bulk samples representative of major
soil types on -site were tested to determine the maximum dry density
and optimum moisture content of each type. These compactive
characteristics were determined according to ASTM Test Method
D1557 -71. The results are summarized on Plate A -3 - Compaction
Test Data.
Grain -Size Distribution. As part of the engineering
classification of the on -site soils, samples representative of
major soil types were tested to determine their distribution of
particle size. The distribution is determined in general accord
with ASTM Test Method D422 -63; particle size is first determined
by a wash- sieving procedure using U.S. Standard Sieves Numbers
3/4 ", 4, 10, 20, 40, 60, 100 and 200. If the sample contains
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1 Our Job 72 -95 Page A -5
rate tests, readings during an increment of load are taken
regularly until the change in sample height is less than 0.0001
inch over a two -hour period. The results of the consolidation
load tests are summarized on Plates A-4.1 thru A -4.3 - Consolidation
1 Test Data.
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more than about 10 percent by weight of material passing the No.
'
200 sieve, a standard hydrometer test is performed.
The results of the tests are summarized briefly on Plate
'
A -3 - Compaction Test Data.
Atterberg Limits. As part of the engineering classifi-
cation of the on -site soils, samples representative of major soil
'
types were tested to determine their relative plasticity. This
relative plasticity is based on the Atterberg Limits using ASTM
1
Test Methods D423 -66 and D424 -59. The results of the test are
summarized briefly on Plate A -3 - Compaction Test Data.
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Consolidation dimensional
Tests. The one - consolidation
'
properties of undisturbed samples of alluvium were evaluated
according to the provisions of ASTM Test Method D2435 -70. In all
'
cases, sample diameter is 2.625 inches and sample height is 1.00
inches. Water was added in all cases during the test to produce
1
saturation. Exclusive of special readings during consolidation
rate tests, readings during an increment of load are taken
regularly until the change in sample height is less than 0.0001
inch over a two -hour period. The results of the consolidation
load tests are summarized on Plates A-4.1 thru A -4.3 - Consolidation
1 Test Data.
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Page A -6
It should be noted that the graphic presentation of
consolidation data is, in fact, a presentation of volume change
with change in axial load. As a result, both expansion and con-
solidation can be illustrated.
Expansion Tests. The one - dimensional expansion of un-
disturbed samples of on -site soils were evaluated. Unless other-
wise indicated, the test is performed in general accordance with
ASTM Test Method D2435 -70 to the extent that the same equipment
and sample dimensions used for consolidation testing are used for
the determination of expansion. A sample is subjected to a static
surcharge, water is introduced to produce saturation, and volume
change is measured as in ASTM Test Method D2435 -70. Results are
reported as percent change in sample height.
To provide a standard definition of one - dimensional
expansion, a test was also performed according to the Expansion
Index Test referred to as Standard Test 29 -2 of the Uniform
Building Code, International Conference of Building Officials.
The results from this test procedure are reported, together with
other expansion data, as an "expansion index ".
The procedure basically consists of performing a loaded
swell test on a sample one inch high and four inches in diameter,
remolded to a density equivalent to a compactive energy of about
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Page A -7
' 10,300 foot - pounds per cubic foot, at a moisture content equivalent
to a percent saturation not less than 49 nor more than 51. The
expansion index is determined as follows:
Expansion index equals 1000 (Ah) F
where: Ah is the change in sample height in a 24 -hour period
F is the sample fraction passing the #4 sieve.
The results of the expansion tests performed as part
of this work are shown graphically on Plates A -5.1 through A -5.3 -
Expansion Test Data.
Strength Tests. Consolidated, drained, triaxial com-
pression tests were performed to establish the shearing resistance
of the test are in accord with ASTM descriptions (e.g. ASTM
Publication STP 479, pp 209 - 233).
The test is performed using a sample diameter of 2.625
inches and a height /diameter ratio of at least two. Coarse -
grained samples are normally saturated using a vacumn applied to
the top of the sample; fine - grained samples of comparative low
permeability are saturated using the backpressure technique.
Tests performed in an undrained condition are monitored for pore
pressure. Axial stress is applied, as a constant rate.of strain
until failure. Axial stress is monitored by a load cell and
deflection is measured with a strain - pickup (linear potentiometer).
Both are transferred electronically to an X -Y recorder and plotted
automatically.
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Page A -8
In cases where degree of saturation is critical, the
percent saturation of a sample is verified prior to testing by
measuring the water inflow and outflow and adding the difference
to the sample's field moisture content.
The results of these tests are summarized on Plate
A-6 - Shear Test Data.
A legend to the test data is presented as Plate A -7.
The Plates which complete this Appendix are listed in
the Table of Contents.
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GRILLED 9/20/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
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LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
CLASSIFICATION
DESCRIPTION
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ENGINEERING
CLASSIFICATION AND
H ,', DESCRIPTION
TEST DATA
D
M_ (RC)_0
ALLUVIUM
II�
SANDY SILT (ML), gray -
2 i brown, dry to moist, mod-
eratel firm.
1 89 -CP GS'
�}77)AL,CN,
36- 80 -CNEX(R
2 CLAYEY SILT (ML), gray to
95
5
I brown, stiff, moist, very
minor amounts of organics
at 5 to 7 feet.
38_79 -CN
67 -CN
55-
SILTY CLAY (CL), blue -gray
soft, wet
on
10
/
••f
•y
SAND (SP), gray, dense,
medium to fine, large
amount of shells, moist,
26 -97
ass
becoming wet below 12 feet
85
15
off
ova
and saturated below 15
feet.
•
• •7
,
Bottom at 18 feet. Seepag
and caving below 16 feet.
Hole backfilled.
SHEET 1 OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A-
JOB 72 -95 Evans. Goffman & McCormick PLATE A-1.11
EGM -a13 12-67
c
Y
S
U
a
r
r
3
0
c�
z
W
W
I.-
a
0
DRILLED 9/20/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
DH -2
LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
iEW
ii
ENGINEERING
TEST DATA
CLASSIFICATION
ah
W:
aW
8=
2
CLASSIFICATION AND
M D O
DESCRIPTION
H
DESCRIPTION
(RC)-
ALLUVIUM
SANDY SILT (ML), tan, ver
79 -EX
t
fine, loose, dry.
8-
,I
24 -81
CLAYEY SILT (ML), some
95
5
sand, gray to brown, firm
moist, minor amounts of
34 -84
organics, some caliche.
34 -83
SILTY CLAY (CL), gray,
soft wet.
SAND (SP), gray, medium
to fine, dense, large
amount of shells becoming
24_100
„-
wet below 12 feet.
•o
85
15
Bottom of hole at 15 feet.
Water and caving below
13 feet. Hole backfilled
SHEET 1OF 1
LOG, OF DRILL HOLE
LEGEND ON PLATE A- 2
JOB 72 -95 Evans. Goffman & M°Cormick PLATE A-1.2
EQN -R13 12-67
I
1
1
1
1
1
J
i
1
1
.1
1
i
1
s
r
r
3
v
z
W
W
a
0
DRILLED 9/20/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
7
DH -3
LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
0
W
d C
ENGINEERING
TEST DATA
CLASSIFICATION
??<h
n�
CLASSIFICATION AND
M * 0
DESCRIPTION
W=
83
h w
DESCRIPTION
{RC)
ALLUVIUM
SILT (ML), tan, very
-EX(N)
z
fine, soft, dry to damp,.
12 -87
with clay.
"
g
89-CP,GS,
19(83)AL,TC
I
Qr
5
(R)
CLAYEY SILT (ML), tan to
86
28-
III
gray, firm, moist, minor
amounts of organics &
Ncaliche.
33 -86
p'
0
10
a•:
SILTY CLAY (CL), gray,
soft wet, some peat.
SAND (SP), tan, to gray,
medium to fine, numerous
23 -101
shells, becoming saturated
85
15
below 12 feet.
[_7
25 -104
0
20
7 _q
25
"B
29 -97
•v
70
3o
ra)
26 -96
Bottom at 30 feet. Water
and caving below 12 feet.
Used drilling, mud below
12 feet. Hole backfilled.
SHEET 1 OF 1
LOG OF DRILL. HOLE
LEGEND ON PLATE A- 2
JOB 72 -95 Evans. Goff man & McCormick PLATE A- 1.3
EG14-R13 12-67
11
1
1
1
1
1
1
:1
1
c
Y
S
u
a
r
r
3
z
0
l7
Z
W
1
1
W
r
' a
0
1
.1
DRILLED 9/20/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
DH -4
LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
CLASSIFICATION
DESCRIPTION
W
a�
3
�W
nW
�=
o W
m a
y w
ENGINEERING
CLASSIFICATION AND
DESCRIPTION
TEST DATA
_
M (RC) 0
LLUVIUM
I
SANDY SILT (ML), tan, very
fine, firm $ soft to damp.
82- CN,EX,
8- (N)
z
17 -84-CN
5
37- 80- CP,GS,
(80) AL
I
2
I
SILTY CLAY (CH), gray to
brown; firm, moist, very
minor amounts of organics
\-and
39 -76
11.Pi
10
'
�SILTY CLAY (CL) some sand
soft, some organics.
r.r
rr.
�O
SAND (SP), tan to gray,
dense, fine to medium,
23 -100
"'
AS
15
large amount of shells, be
coming saturated below 13
feet.
rrr
80
20
rrr
26 -98
75
25
io
26 -97
rrr
rr
r/r
30
eve
'%
23 -104
Bottom at 30 feet. Water
and caving below 13 feet.
Drilling mud used below
13 feet. Hole backfilled.
SHEET l OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A -2
JOB 72 -95 Evans. Goffman & M °Cormick PLATE A-1.4
GM-R13 12-67
1
1
1
1
1
�1
c
Y
x
v
a
Y
r
3
c
c�
z
W
W
r
a
0
DRILLED 9/20/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
DH -5
LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
��
o
ENGINEERING
TEST DATA
CLASSIFICATION
'jQ
19?
aW
83
m
`
CLASSIFICATION AND
M- 0
DESCRIPTION
sYi
DESCRIPTION
(RC)-
PAVEMENT
Two inches of ASPHALT over
98 -EX
I
z
+4 inches of BASE COURSE
9-
ALLUVIUM
SANDY SILT (ML), tan,
very fine, damp, soft.
32 -85
9
5
1
43_75 -CN
P
CLAYEY SILT (ML), tan to
gray, soft, minor amounts
II
of organics, moist.
48 - 71 -CN
0
10
''
SAND (SP), gray, medium
••
to fine, moist, becoming
909
saturated below 15 feet.
• 5
27 -95
we
85
15
see
Bottom at 16 feet. Water
and caving below 15 feet.
Hole backfilled.
SHEET 1 OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A-?
JOB 72-95 Evans. Goffman & M°Cormick PLATE A-1-5
EGM -1413 ; 12-67
I 1
I
i
1
t
c
Y
x
u
a
t
r
3
a
0
Ce
0
z
W
W
I.-
a
a
DRILLED 9121172 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16 D11- 6:
LOGGED BY JEG
SURFACE ELEVATION IN FEET loo DATUM Assumed
GEOLOGICAL
CLASSIFICATION
DESCRIPTION
a�
�E
xW
Y
a
y
ENGINEERING
CLASSIFICATION AND
w DESCRIPTION
TEST DATA
M -(RC)
FILL
SANDY SILT (ML), some clay,
tan, very fine, loose,
dry with fragments of con-
Crete $ organics,
20 -88 -EX
82
35-
38 -80
23 -100
ALLUVIUM
5_
,
/
SANDY SILT (ML), tan to
gray, very fine, firm,
dam .
'i /
CLAYEY SILT (ML), tan to
ay, firm, moist, minor
ounts of organics.
90
10
•"•
��°
''9
LTY CLAY (CL), brown,
Iver soft wet.
SAND (SP), tan,to gray,
fine to medium, dense,
large amount of shells,
moist to wet.
Bottom at 11 feet. No
water, no caving. Hole
backfilled.
SHEET l OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A-
JOB 72 -95 Evans. Goffman & WCormick PLATE A -1.6
EGM -R13 1 12-67
0
Y
S
v
d
z
W
W
H
Q
O
DRILLED 9/21/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
DH 7
LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
,
=W
o
ENGINEERING
TEST DATA
CLASSIFICATION
<�
a�
CO
CLASSIFICATION AND
M D O
DESCRIPTION
W =?
y .`
DESCRIPTION
(RC)
ALLUVIUM
III
�I
SANDY SILT (ML), tan, loos
g4
i0 CN
dry, becoming damp and fir
-
below two feet.
30_85
Z
CLAYEY SILT (ML), some
95
g
I
sand, tan to gray, firm,
i
3
'
moist, minor amounts of
36 -83
organics and caliche,
I
becoming wet and soft at
zp%rpn fapl-
41 -74
•�
SAND (SP), some silt, tan
90
10
to gray, medium to fine,
•••
dense, moist, large amount
•••
of shells, saturated below
.8
12 feet.
24 -96
Bottom at 13 feet, water
below 12 feet. Hole back-
filled.
SHEET 1 OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A-
JOB 72 -95 Evans. Goffman & M°Cormick PLATE A-1.7
ECM -R13 12-67
1
1
.1
1
J
1
1
1
1
1
1
1
1
i
1
1
1
'1
1
c
x
x
u
a
r
3
0
c�
z
W
W
H
Q
O
DRILLED 9/21/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
LOGGED BY JEG
DH -8
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
CLASSIFICATION
DESCRIPTION
<"I
W?
:W
nuW
�3
+ m
w
,'„
ENGINEERING
i CLASSIFICATION AND
DESCRIPTION
TEST DATA
_ D
M (RC) O
LLUVIUM
I
II
SANDY SILT (ML), tan, soft
very fine, damp below one
1S- 89 -EX
foot.
29_87
3
CLAYEY SILT (ML), some
95
5
sand, tan to gray, firm,
moist with minor amounts
of organics and caliche.
43 -79
SILTY CLAY (CL), tan, soft
wet with some peat.
90
10
` "
"3
23_102
SAND (Sp), tan to gray,
dense moist.
Bottom at 11 feet. No
water, no caving. Hole
backfilled.
y
SHEET 1 OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A- 2
JOB 72 -95 Evans. Goffman & M°Cormick PLATE A--l. 8
EGM -N13 12-67
c
Y
S
v
a
r
3
Cr
0
Ce
0
z
W
W
H
Q
O
DRILLED 9/21/72 WITH Rotary Bucket
DIAMETER OF DRILL HOLE IN INCHES 16
DH -9
LOGGED BY JEG
SURFACE ELEVATION IN FEET 100 DATUM Assumed
GEOLOGICAL
w
w
O u
ENGINEERING
TEST DATA
CLASSIFICATION
ah
n�
�S
m
CLASSIFICATION AND
M -(RC) 0
DESCRIPTION_
N
DESCRIPTION
FILL
I
SANDY SILT (ML), tan
/I
moftled with gray, soft to
14 -88
firm, moist, minor amounts
p
of organics.
10 -89
95
5
f
ALLUVIUM
CLAYEY SILT (ML), tan to
gray, soft, moist to wet,
31 -91
minor amounts of organics.
Thin bed of sandy clay at
10
9 feet.
—20
SAND (SP), tan to gray,
fine to medium, dense,
moist, with large amount
of shells.
Bottom at 11 feet. No
water, no caving. Hole
backfilled.
SHEET 1 OF 1
LOG OF DRILL HOLE
LEGEND ON PLATE A -.,
JOB 72 -95 Evans. Goffman & M °Cormick PLATE A-1.9
EGM-R13 12 -67
.9q PLASTICITY INO1. FINE GRAINED SOILS COARSE GRAINED SOILS
T•o z t 1. C MOM TNaN YALF OF MATE .I AL Is 20ALLIN MORE TORN "AL/ Of MATERIAL It L eloellPfil TWAM
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a
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=
SILTS AND CLAYS
SILTS AND CLAYS
NO A SIEVE SIZE No A $,Eva SIZE
L10YIO IIYIT
LIOUIO LIYTT ^
iab
�I
EIR[ATIN THAN $O
LISA TMAN 00
94ul AL1VT SO T.9 VO A 019.1 6.811
PoC
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90101 WITH
CLEAN SINGS
f
CLEAN GRAVELS
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Flats
FINES
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s in i5 20 25
LOCATION (1) (2) (3)
BORING OR TEST PIT DH -1 DH -3 DH -4 .
DEPTH, IN FEET 1 3 5
REPRESENTATIVE FOR Alluvium Alluvium Alluvium
SOIL CLASSIFICATION
GRAIN SIZES IN PERCENT OF DRY WEIGHT (1) (2) (3)
SAND (RETAINED ON 0200 SIEVE) 31 6 1
FINES (PASSING#200SIEVE) 69 94 99
ATTERBERG LIMITS, IN PERCENT OF DRY WEIGHT (1) (2) (3)
LIQUID LIMIT 29 - 55
PLASTICITY INDEX 5 N. P. 19
SOIL TYPE AND DESCRIPTION (1) Sandy Silt (ML) withc.clay
(2) Silt (ML) with clay
(3) Silty clay (CH)
COMPACTION PROPERTIES'
METHOD OF COMPACTION
ASTM STANDARD TEST METHOD D -1557- 64T EQUIVALENT TO A.A.S.H.O.
SOIL COMPACTION TEST T180- 57(1/30 CUBIC FOOT MOLD, 10 POUND HAMMER
FALLING IS INCHES, 25. BLOWS PER LAYER), MODIFIED TO THREE LAWS. (3)
OPTIMUM MOISTURE CONTENT, IN "PEPCENT OF DRY WEIGHT 14 (1) 17 16
MAXIMUM DRY DENSITY, IN POUNDS PER CUBIC FOOT . 115 107 100
COMPACTION TEST DATA
JOB C72 -95 Evans. Goffman & M °Cormick PLATE A- 3
EG
EOM —R2 12-67
LOAD
IN
POUNDS
PER
SQUARE
FOOT
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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N N
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36. 3
38
55
D 8
89 8
80 '
'79. 6
67
OPT. M 1
14
MAR,D 1
115
z 12.
-
RC 7
77
Q = WATER ADDED
O
H
Q
0
o 15'
LINE
SYMBOL
DH-1
H -1
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1'
DH -1 @
3'
DH
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@
5'
DH
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@
'
Z
O
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CLASSIFICATION
ML
ML
ML
- CL
SAMPLE TYPE N
18
21
LEGEND ON PLATE A- 7
CONSOLIDATION TEST DATA
JOB 72 -9S Evans. Goff man & McCormick PLATE A-4.1
EOM —R2 12-67
N N
N N
N
M 1
16 3
36. 3
38
55
D 8
89 8
80 '
'79. 6
67
OPT. M 1
14
MAR,D 1
115
-
RC 7
77
Q = WATER ADDED
LOAD IN POUNDS PER SQUARE FOOT
0 0 0 0 0 00
°0 0
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0
S
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12
i,
WATER ADDED
14
LEGEND
ON
PLATE
A
-7
' CONSOLIDATION TEST DATA
JOB 72 -95 Evans. Goffman & McCormick PLATE A -4.
E8M -a2 12-67
E6M -R2 12-67
LOAD
IN
POUNDS
PER
SQUARE
FOOT
O N
ro
Q
t0
tb
0
0
0
N
0
In
0
V
0
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c
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15
z
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0
018
z
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21
24
WATER ADDED
LEGEND
ON
PLATE
A
-7
' CONSOLIDATION TEST DATA
JOB 72-95 Evans. Goffman & M°Cormick PLATE A -4.3
E6M -R2 12-67
n
E6M -R2 12-67
5
LINE SYMBOL - --
LOCATIOH,DEPTH DH-2 @ 1� DH-3 � 1�
CLASSIFICATION : ML NIL
SAMPLE TYPE N ?Q
M 8 12
4
D 79 87
OPT.M
MA %.D
RC
Z
�. = WATER ADDED
O 3
y
Ex an i n I x test
z
pe fo m d o sample
a
from H 1 @ 1' pro uce
OIL
an Ex a s'o Index of 8
X 2
w
F
x
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w
x
w
J
a
a
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LL
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®
all
Z
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a w
o w 1
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J Z
O-
y
2
O
V
2
t00
CD
p
O
pO S op QQ pq
8
N M O O O O
N
LOAD
IN
POUNDS
PER SQUARE FOOT
EXPANSION TEST DATA
JOB 72 -95 Evans. Goffman & M°Cormick PLATE A-5.1
eGM -a3 12"67
eGM -a3 12"67
5
4
LINE SYMBOL
—� --
LOCATION,DEPTH
�
D �
cLasslFlcanoH
ML
MI,
SAMPLE TYPE
r
M
$
9
D
82
98
0 P T. M
MAX.D
RC
QQ =WATER ADDED
z
0 3.
®
®
Z
N
z
a
a
x 2
w
F
x
0 1
w
Y
w
J
a
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rn 0
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O
z~
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w
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a
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J z
O —
tn
z
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U
2�
w
m
S
O
pO
8
8
N In
P
ID
O
O
—
N
LOAD
IN
POUNDS
PER
SQUARE
FOOT
' EXPANSION TEST DATA
JOB 72-95 Evans, Goffman & McCormick PLATE A-5,2
EcM ^R3 12-67
LINE SYMBOL
—� --
LOCATION,DEPTH
�
D �
cLasslFlcanoH
ML
MI,
SAMPLE TYPE
r
M
$
9
D
82
98
0 P T. M
MAX.D
RC
QQ =WATER ADDED
®
®
Z
EcM ^R3 12-67
EGw -R3 12-67
to
7.16a
5
- --
LOCATION,DEPTM
� �
2 �
CLASSIFICATION
rj j,
?✓.],
SAMPLE TYPE
N
N
M
20
15
D
OPT. M
MA %.D
RC
Q+ = WATER ADDED
4
z
0 3
rn
z
a
a
x 2
w
H
0
w 1
w
J
a
a
rn 0
LL
0
z~
oz
w
� U
a ir
a 1
J z
O —
cn
z
O
U
2
8
0 o V
W r� a
N
LOAD
IN
POUNDS
PER SQUARE FOOT
' EXPANSION TEST DATA
JOB 72_95 Evans. Goffman & M`Cormick PLATE A -5,3
EGw -R3 12-67
LINE SYMBOL
- --
LOCATION,DEPTM
� �
2 �
CLASSIFICATION
rj j,
?✓.],
SAMPLE TYPE
N
N
M
20
15
D
OPT. M
MA %.D
RC
Q+ = WATER ADDED
EGw -R3 12-67
PLAT: AND
RESIDUAL SHEAR STRENGTH IN POUNDS PER SQUARE INCH
0 5 10 15 20 25
�y
x
U
z
w 10
a
0
15
M
w
a
y
a 20
z
D
0
a
z 25
0
a
0
J
30
a
0
z
35
EIS]
0!
bi i
:i
SHEAR TEST DATA
JOB 72 -95 Evans. Goffman & M°Cormick PLATE A- 6
%m -R9 12 -67
Design
Parameters:
¢ = 300
= 150 psf
Note: All
a
co
tests pe
onsolidat
dition on
formed in
d, draine
saturated
wi
DH
a
90
h clay taken
-3 @ 3' remolded
relative compaction
percent.
from
to
0!
bi i
:i
SHEAR TEST DATA
JOB 72 -95 Evans. Goffman & M°Cormick PLATE A- 6
%m -R9 12 -67
U
0
PROPOSAL DOCUMENTS
L
1. Notice Inviting Bids declaring surplus real property to be for sale.
2. Resolution No. 7832, A R €SOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING
ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE. Said property is
shown on the map dated December 16, 1971, designated Drawing No. M- 5146 -L,
attached hereto and marked Exhibit "A ".
3. Preliminary.Title Report prepared by Title Insurance and Trust Company
of Santa Ana marked Exhibit "B ".
4. Soils report on the subject property prepared by Evans, Goffman, and
McCormick of Santa Ana.
5. "Proposal to Purchase" form. All bids must be submitted on an official
"Proposal to Purchase" form. Facsimile copies of the official form are
not acceptable.
PFB:sh
10/13/72
•
NOTICE INVITING BIDS
SURPLUS REAL PROPERTY
BUSHARD STREET AND HAMILTON AVENUE
HUNTINGTON BEACH, CALIFORNIA
The City of Newport Beach hereby offers for sale 4.7 gross acres (more
or less) of unimproved land located on the east side of Bushard Street,
one - hundred seventy (170) feet south of Hamilton Avenue in the city of
Huntington Beach, California. The dimensions of the property to the
Bushard Street centerline are 495 feet east -west by 440 feet north - south.
The subject property is presently zoned R -1 (Single Family Residence
District).
Unconditional sealed bid proposals will be received until Friday,
November 17, 1972, at 10:00 a.m. at which time they will be publicly
opened and declared in the Office of the City Clerk, 3300 Newport
Boulevard, Newport Beach, California. The minimum acceptable bid price
is $130,000 and all bids must be accompanied by a deposit of cash or a
certified or cashier's check payable to the City of Newport Beach equal
to ten percent (10 %) of the amount bid. The Notice to Bidders, official
Proposal to Purchase forms, and a soils report are available for $10.00
at the Newport Beach City Hall, Office of the City Clerk.
CITY OF NEWPORT BEACH, CALIFORNIA
Laura Lagios, City Clerk
PFB;sh
10/13/72
CITY OF NEWPORT BEACH
SURPLUS REAL PROPERTY
BUSHARO STREET AND HAMILTO.N.AVENUE
HUNTI,NGTON BEACH, CALIFORNIA
iSAI TO 'PURCHASE
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California.92660,
Gentlemen:
The undersigned declares that he has inspected the location of the surplus property;
has carefully read.City Council..Resoiutioh No. 7832 declaring the property to be
surplus.,`authorizing its sale;'and setting out the procedures for its sale; has care-
fully examined' the preliminary:title'reiport from Title Insurance and Trust Company
W and the: Evans, Goffman: and McCormick soils report; and.has consulted with the City
of Huntington Beach concerning,applicable °land use regulations,for the property.
The undersigned hereby proposes to purchase said real property.and do all things
necessary to complete ahe purchase if.he :is the successful bidder in-complete accor-
dance with the terms.of-Resolution 7832 and will make full payment therefor within
thirty (30) days after the award of the bid.
The.undersigned further,declares that his.offer is unconditional and without excep-
tion;.that it,is: not conditioned upon the.approval of any proposed development by
the City: of Huntington.8each; and that he will. pay all recording costs and closing
costs associated "with purchase of the property.
.Accompanying this proposal is .a cashier's'check, certified check, or cash deposit
equal to ten percent 00%). of .the bid price as .a guarantee that if the.proposal is
accepted,, the undersigned wild- complete the purchase transaction..as.provided in
Resolution 7832.. The'undersigned is aware that failure of the successful bidder
to complete the purchase as: :required shall result in forfeiture of the deposit to
the City.
•
RESOLUTION NO. 7 8 i ')
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING CERTAIN REAL
PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE
AND SETTING OUT THE PROCEDURE FOR ITS SALE
WHEREAS, the City of Newport Beach holds title to the
real property in the City of Huntington Beach which was formerly
used for a water well site, hereinafter described; and
WHEREAS, it appears that the City has no present or
prospective need for said property; and
WHEREAS, no qualified public agency (including the State
of California, County of Orange, and City of Huntington Beach) has
offered to purchase the property at fair market value for park
and recreation purposes pursuant to the provisions of Sections
54222 and 54223 of the California Government Code; and
WHEREAS, proceeds from the sale of this property would
be placed in the City Capital Improvement Fund; and
WHEREAS, it would be in the best interest of the City
to sell said property under the following terms, procedures and
conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND
ORDERS that:
SECTION 1. Size - Location. The subject property
comprises 4.7 gross acres (more or less) of land located on the
east side of Bushard Street, 170 feet (more or less) south of
Hamilton Avenue in the City of Huntington Beach, California. The
dimensions of the property to the Bushard Street centerline are
495 feet east -west by 440 feet north - south. Said property is
shown on the map dated December 16, 1971, designated Drawing
No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part
hereof by this reference.
SECTION 2. Surplus Property - Legal Description. The
property as hereinafter described is surplus, and there is no
-1-
present or prospective need for same:
That portion of the north half of the northwest quarter
of the southeast quarter of Section 18, Township 6 South,
Range 10 West, in the Rancho Las Bolsas, City of Huntington
Beach, County of Orange, State of California, as per map
recorded in Book 51, page 14 of Miscellaneous Maps, in the
Office of the County Recorder of said County, described as
follows:
BEGINNING at the intersection of the west line of said
northwest quarter with the westerly prolongation of the north
line of the land conveyed by H. D. Meyer to the City of
Newport Beach by deed recorded August 7, 1923 in Book 481,
page 276 of Deeds of said Orange County; thence east 495.00
feet along said prolongation and said north line to the north-
east corner of said land; thence south 440.00 feet along the
east line of said land to the south line of said north half
of the northwest quarter of the southeast quarter; thence
west 495.00 feet along said south line to the west line of
said northwest quarter; thence north 440.00 feet along said
west line to the point of beginning.
Except from that portion thereof lying northerly of the
southerly 165.00 feet, that portion included within the County
road adjacent on the west, as said road existed on March 13,
1922.
Said land is shown on a map filed in Book 7, page 37 of
Record of Surveys, in the Office of the County Recorder of
said County.
SECTION 3: Statement of Title. Title Insurance and
Trust Company of Santa Ana, California reports that it is prepared
to issue, or cause to be issued, in the form of the California
Land Title Association Standard Coverage form of Policy of Title
Insurance, a policy of title insurance describing the land and the
estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception therein not
excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form. There are no
known conditions that would measurably restrict or limit the
utility of subject land. A copy of said policy form, marked
Exhibit "B ", is attached hereto.
SECTION 4. Topography. The property is generally flat
and at an elevation of 6.721 feet.
SECTION 5. Soils. Soils data on the property was
prepared by the firm of Evans, Goffman & McCormick of Santa Ana as
-2-
an aid to prospective bidders in establishing purchase price. The
work is that of the engineers,, and the City makes no warranty,
either express or implied, relative to the soils conditions and /or
drainage characteristics of the subject parcel.
SECTION 6. 2onin4. The subject property is presently
zoned R -1 (Single Family Residence District). The City of Newport
Beach makes no representations as to use and development standards
which may apply to the property. Such information must be
obtained from the City of Huntington Beach.
SECTION 7. Sealed Bids. Said property is hereby
offered for sale, and bids therefor are invited, beginning Friday,
October 13, 1972, under the procedure of sealed bidding and
public auction as hereinafter set forth. The minimum acceptable
bid shall be $130,000.00. Each bid must be on an official Bidders
Proposal Form and submitted to the City of Newport Beach, City
Clerk, 3300 Newport Boulevard, Newport Beach, California 92660,
by 10:00 a.m., Friday, November 17, 1972. All bids shall be in a
sealed envelope clearly marked: "SEALED BID PROPOSAL - BUSHARD
AND HAMILTON PROPERTY - HUNTINGTON BEACH."
SECTION 8. Deposit. Each bid must be unconditional
and without qualifications, and be accompanied by a deposit of
cash or a certified or Cashier's check payable to the City of
Newport Beach, equal to ten percent (10 %) of the amount bid. This
deposit is to guarantee that if the City accepts the sealed bid
or an oral bid made at the auction (See Section 10) by a bidder,
said bidder will complete the purchase within thirty (30) days
in accordance with the bid that was accepted by the City and the
terms of this resolution.
If qualified sealed bids of equal amounts
are submitted, the one received first by the City Clerk shall be
considered the highest of such bids for all purposes. The
deposit of the successful bidder shall be applied to the purchase
price, and will not be deposited into escrow. Upon acceptance
of the successful bid by the City Council, all other deposits
-3-
9 0
shall be returned to the bidders. Failure of the successful bidder
to complete the purchase as above required shall result in for-
feiture of the deposit to the City.
SECTION 9. Opening Bids. The sealed bids shall be
opened and publicly announced in the Office of the City Clerk at
10 :00 a.m. Friday, November 17, 1972.
SECTION 10. Public Auction. At the regular City Council
meeting of Monday, November 27, 1972, at 7:30 p.m., the City Clerk
shall announce the amount of the highest sealed bid received and
the name of the bidder, and the City Manager shall then call for
oral bids. To be considered, the first oral bid must exceed the
highest sealed bid by $5,000.00. Additional oral bids must be in
multiples of $1,000.00 to be acceptable. To be qualified to
participate in the public auction, a bidder must have submitted a
valid sealed bid, together with the necessary deposit.
In conducting the sale, the City Council may
waive informalities in bids and may by motion modify the terms of
this resolution as deemed necessary to obtain the highest price
for the property.
SECTION 11. Sale Award. Upon receiving the highest
bid obtainable from a qualified bidder, the City Manager shall
declare the amount of the highest bid and the name of the bidder.
The City Council may then determine whether it wishes to accept
or reject the high bid, or the Council may continue the sale until
its next regular meeting.
SECTION 12. Escrow - Terms. The bidder to whom the
Property is sold must make full payment therefor to the City
within thirty (30) days after the City Council approves the sale.
Upon acceptance of the highest and best bid by the Newport Beach
City Council, the City shall open an escrow with the Bank of
Newport and forthwith deposit into said escrow a properly executed
Grant Deed conveying fee title to the property.
SECTION 13. Title Insurance. On notice from Title
Insurance and Trust Company that it is prepared to issue at Buyer's
ME
•
expense a CLTA Standard Coverage Title Insurance Policy with
liability equal to the full purchase price showing title vested
in the highest bidder, subject only to the exceptions shown in
the preliminary title report, the bidder.shall deposit into the
escrow the difference between the bid award price and his cash
or certified check bid deposit.
SECTION 14. Real Estate Commissions - Closing Costs.
The buyer shall pay for all recording costs and real property
transfer taxes within thirty (30) days after the date the City
Council approves the sale.
All bids will be on a NET NET NET basis,
and the City of Newport Beach assumes no responsibility to pay
real estate commissions, recording fees, deed transfer fees,
escrow fees or cost of Policy of Title Insurance; these costs
should be taken into consideration when submitting bids.
SECTION 15, Real Property Taxes. Although owned by
the City of Newport Beach, a municipal corporation, this property
is not exempt from real property taxes. Said taxes will be
prorated between buyer and seller to the date of opening of
escrow.
SECTION 16. Inability to Convey. If the property
cannot legally be sold by the City, or the City is unable to convey
marketable fee title within a reasonable time after the date of
sale, the sale shall be void and deemed mutually cancelled, and
any price paid or deposit made by buyer shall be refunded and
no liability of the City shall exist or arise from such cancella-
tion.
SECTION 17. No warranty. No warranty is made or intended
by any statement in this resolution or the notice of sale, or
otherwise, with respect to location, size, zone or utility or
interest therein which is sold or offered for sale.
SECTION 18. Withdrawal from Sale. The City Council
reserves the right to reject any and all bids.
SECTION 19. Notice of Sale - Publication. The City
Clerk shall prepare a notice of sale setting out the address or
-5-
location, description, zone and approximate size of the property
being offered for sale, the date, place and time the bids will
be received and opened and the fact that additional information
may be obtained from the City Clerk's office. The notice shall
be published once in the official newspaper of the City, and
copies of the notice and resolution shall be made available for,
inspection in the City Clerk's office.
SECTION 20. Official Bidders Proposal Form. All bids
must be submitted on an official Bidders Proposal Form available
for purchase in the City Clerk's office for $10.00. Facsimile
copies of the official form are not acceptable.
ADOPTED this 10th day of October , 1972.
ATTEST:
City Clerk
CERTIFlnED,,A§ A TP.UE AND ORfECT COPY
CITY CLERK U THE CITY OF N WP60 BEACH
0 O 12 1972
DATE; ._ ............... _ .................
Mayor
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DRAWNVa4-,rT6.0r DATE 14d.C. 71
PUBLIC WORKS DEPARTMENT
APP+OVE
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C17'Y MANwa Ell
P.90AE/4 T Y FOR SALE
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CONDITIONS AND STIPULATIONS (Continued and Concluded From Revbrse Side of Policy Face)
the full amount of this policy, together
with all costs, attorneys' fees and expenses
which the Company is obligated hereunder
to pay, shall terminate all liability of the
Company hereunder. In the event, after
notice of claim has been given to the Com-
pany by the Insured, the Company offers
m purchase said indebtedness, the owner of
such indebtedness shall transfer and assign
.said indebtedness and the mortgage securing
the same to the Company upon payment of
the purchase price.
7. PAYMENT OF LOSS
(a) The liability of the Company under
this policy shall in no case exceed, in all,
the actual loss of the Insured and trots and
attorneys' fees which the Company may be
obligated heteunder . to pay.
(b) The Company will pay, in addition
to any loss insured against by this policy,
all costs imposed upon the Insured in liti-
gation carried on by the Company for the
Insured, and all costs and attorneys fees in
litigation car tied on by the Insured with
the written authorization of the Company.
(c) No claim for damages shall atise of
be maintainable under this policy (1) if
the Company, after having received notice
of an alleged defect, lien of encumbrance
not excepted or excluded herein removes
such defect, lien or encumbrance within a
teasanable time after receipt of such notice.
of -(2) for liability voluntarily assumed by
the Insured in settling any claim of suit
without written consent of the Company,
or (3) in the event the title is rejected as
unmarketable because of a defect, lien of
encumbrance not excepted at excluded in
this policy, until there has been a final
determination by a court of competent jutis.
diction sustaining such rejection.
(d) All payments under this policy, ex.
cept payments made for costs, attorneys'
fees and expenses, shall reduce the amount
of the insurance pro canto and no payment
shall be made without producing this policy
for endorsement of such payment unless
the policy be lost or destroyed, in which
case proof of such loss or destruction shall
be furnished ro the satisfaction of the Com-
pany; provided. however, if the owner of
an indebtedness secured by a mortgage
shown in Schedule B is an Insured herein
then such payments shall not reduce pro
tanto the amount of the insurance afforded
hereunder as to such Insured, except to the
extent that such payments reduce the amount
of the indebtedness secured by such moto
gage. Payment in full by any person or
voluntary satisfaction at release by the In-
sured of a mortgage covered by this policy
shall terminate all liability of the Company
to the insured owner of the indebtedness
secured by such mortgage, except as pro-
vided in paragraph 2 hereof.
(e) When liability has been definitely
fixed in accordance with the conditions of
this policy the loss or damage shall be pay
able within thirty days thereafter.
R. LIABILITY NONCUMULATIVE
It is expressly understood that the
amount of this policy is reduced by any
amount the Company may pay under any
policy insuring the validity or priority of
any mortgage shown at referred to in
Schedule B hereof or any mortgage here-
after executed by the insured which is a
charge or lien on the estate of interest
described of referred to in Schedule A, and
the amount so paid shall be deemed a pay-
ment to the Insured under this policy. The
provisions of this paragraph numbered g
shall not apply to an Insured owner of an
indebtedness secured by a mortgage shown
in Schedule B unless such Insured acquires
tide to said estate or interest in satisfaction
of said indebtedness or any part. thereof.
9. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have settled
a claim under this policy, all tight of sub-
rogation shall vest in the Company un-
affected by any act of the Insured, and it
shall be subtogated to and be entitled to
all rights and remedies which the Insured
would have had against any person or prop-
erty in respect to such claim had (his policy
not been issued. If the payment does not
cover the loss of the Insured, the Company
shall be subtogated to such tights and
remedies in the proportion which said pay-
ment bears to the amount of said loss. If
loss should result from any act of the In-
stated, such act shall not void this policy.
but the Company. in that event. shall be
required to pay only that part of any losses
insured against hereunder which shall ex
reed the amount. if any, host to the Com-
pany by reason of the impairment of the
tight of subrogation. The Insured, if to
quested by the Company, shall transfer to
the Company all tights and remedies
against any person of Property necessary in
order to perfect such tight of subtogation,
and shall permit the Company to use the
name of the Insured in any transaction or
litigation involving such tights of remedies.
If the Insured is the owner of the in-
debtedness secured by a mortgage covered
by this policy, such Insured may release of
substitute the personal liability of any
debtor of guarantor, of extend or otherwise
modify the terms of payment, or release
a portion of the estate or interest from the
lien of the mortgage, of release any cob
lateral security for the indebtedness, pro-
vided such act does not result in any loss
of priority of the lien of the mortgage.
10. POLICY ENTIRE CONTRACT
Any action or actions of rights of action
that the Insured may have or may bring
against the Company arising our o` the
status of the lien of the mortgage coveted
by this policy or the tide of the estate of
interest insured herein must be based on
the provisions of this policy.
No provision or condition of this polity
can be waived or changed except by writing
endorsed here= of attached hereto signed
by the President, a Vice President, the
Secretary, an Assistant Secretary of other
validating officer of the Company.
I1. NOTICES, WHERE SENT
All notices requited to be given the Com-
pany and any statement in writing requited
to he furnished the Company shall be ad-
dressed to it at the office which issued this
policy or to its Home Office, 433 South
Spring Sum, Los Angeles, California 90051.
12. THE PREMIUM SPECIFIED IN SCHEDULE
A 15 THE ENTIRE CHARGE FOR TITLE SEARCH,
TITLE EXAMINATION AND TITLE INSURANCE,
TI
Title Insurance+ and Trust Company
0
4
TI
TO 1012 FC (5 -72)
California Land Title Association
Standard Coverage Policy Form
Copyright 1943
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Tide Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective dare, and amount of which are shown in
Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal
representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation,
against loss or damage nor exceeding the amount stated in Schedule A, together with costs, arromeys'
fees and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the
land described or referred to in Schedule C. existing at the date hereof, nor shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such .tide; or
3. Any defect in the execurion of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, bur only insofar as such defect affects the
lien or charge of said mortgage upon the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance nor shown or referred
to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
all subject, howeyer,'to,ihe , ptovis4Ht ;,of Schedules A, B and C and to the Conditions and Stipulations
hereto annezed.,
In Witness Whereof; Title Insurance and Trust Company has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers
on the date shown in Schedule A.
Title Insurance and Trust Company
by
%-.-
PRESIDENT
Attest 04 ( f `
� /]j SECRETARY
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following Terms when used in This
policy mean:
(a) "land ": The land described, specific
ally or by reference, in Schedule C and
improvements affixed Thereto which by law
constitute real property;
(b) "public records ". Thine records
which impart constructive notice of matters
relating to said .land;
(c) "knowledge ": actual knowledge, nun
constructive knowledge or notice which
may be impured to the Insured by reason
of any public records;
(d) "dare' : the effective dare;
(e) mortgage- ! mortgage, deed of Trust,
:trust deed, or other security instrument; and
(f) "insured ": The parry or parries named
as insured, and if The owner of The in-
debredness secured by a mortgage shown m
Schedule B is named as -an Insured in
Schedule A, The Insured shall include (1)
each .successor in interest in ownership of
such indebtedness, (2) any such owner who
acquires the estate or interest referred to
in This policy by foreclosure, trustee's sale,
or other legal manner in satisfaction of
said indebtedness, and (3) any federal
agency or insh umentaliry which is an in-
surer or guarantor under an insurance con-
tract or guaranty insuring or guaranteeing
said indebtedness, or any part thereof,
whether named as an insured herein or nor,
subject otherwise to The provisions hereof.
2. BENEFITS AFTER ACQUISITION OF TITLE
If an insured owner of The indebtedness
secured by a. mortgage described in Sched-
ule B acquires said estate or interest, or
any parr Thereof, by foreclosure, Trustee's
sale, or other legal manner in satisfaction
of said indebtedness, or any parr Thereof,
or if a federal agency or instrumentality
acquires said estate or imeresry or any part
thereof, as a consequence of an insurance
contract or guaranty insuring or guarantee-
ing the indebtedness secured by a mortgage
covered by this policy, or any part Thereof,
This policy shall continue in force in .favor
of such Insured, agency or instrumentality,
subject to all of the conditions and Sri
pula-
tions hereof.
3. EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This policy does not insure against loss
aT damage by reasons of The following::
(a) Any law, ordinance or governmental
regulation (including but not limited to
building and zoning ordinances) restricting
or regulating or prohibiting The occupancy,
use or enjoyment of The land, or regulating
the character, dimensions, or laarion of
any improvement now or hereafter erected
on said land, or prohibiting a separan on in
ownership or a reduction in the dimensions
or area of any for or parcel of land.
(b) Governmental rights of police power
or eminent domain unless notice of the
exercise of such 'rights appears in The public
records at The date hereof.
(c) Tide to any property beyond the
lines of the land expressly described in
Schedule C, oT title ru sneers, roads, ave.
ours, Eons, ways or warerways on which
such land abuts. or the right to maintain
Therein oluirs, runnels, ramps or any other
structure or improvement, or any rights or
easements Therein unless This polity specific-
ally provides thar such property, rights or
easements are insured, except That if the
.land abuts upon one of enure physiolly
open .sneers sir highways this policy insures
The ordinary rights of aborting owners for
access To one of such sitters or highways,
unless otherwise extepred or excluded
herein.
(d) Defects, liens, entumhmnces, adverse
claims against The title as insured or other
matters (1) created, suffered, assumed or
agreed to by the Insured claiming loss or
damage; or (2) known to The Insured
Claimant either at The dare of This policy
or at the dare such Insured Claimant ac-
quired an estate or interest insured by this
policy and not shown by the public records;
unless dlsl'InfnTe thereof in writing by the
Insured shall have been made to the Colon-
party prior to The dare of this policy: or (3)
resulting in no loss to The Insured Claim-
ant, or (4) attaching or created subsequent
To The dace hereof.
(e) Loss or damage which would mir
have been sustained if The Insured were a
purchaser or encumbrancer for value with-
out knowledge,
4, DEFENSE AND PROSECUTION OF ACTIONS
— NOTICE OF CLAIM TO BE GIVEN BY
THE INSURED
(a) The Company, at its own cast and
without undue delay shall provide (I) for
the defense of the Insured in all litigation
consisting of actions or proceedings com-
menced .against the Insured, or defenses,
restraining orders, or injunctions interposed
against a foreclosure or sale of the mort-
gage and indebtedness covered by this policy
or a sale of The estate or interest in said
land; or (2.) for such action as may be
appropriate To establish The title of The
estate or .interest or the lien of the mort-
gage as insured, which litigation or .action
in any of such events is founded upon an
alleged defect, lien or encumbrance in -.
sured against by this policy, and may pur-
sue any Itri arion To final determination in
he c nor , of last resort.
(b) In case any such action or proceed-
ing shall be begun, or defense interposed,
at in case knowledge shall cane to The In
sured of any claim of Tide or interest which
is .adverse to The title of The estate or in-
terest a lien of the mortgage as insuied,
or which might cause lass or damage for
which The Company shall or may be liable
by virtue of this policy, or if The Insured
shall in good faith contract To sell The in-
debredness secured by a mortgage covered
by this policy, or, if an Insured in good
faith leases ut contracts to sell, lease or
mortgage the same, or if the successful
bidder at a foreclosure sale under a ral
gage covered by This policy refuses to pur-
chase and in any such event the Title to
said estate or interest is rejected as un-
marketable, the Insured_ shall notify the
Company rhereuf in writing. If such notice
shall not he given in The Company within
ten days of the receipt of pruc ss in plead-
ings or if the In.surrd shall not. in morning,
pr,miplly noify rho Company of any do
:feet. lien or encumbrance insured against
which shall come to the knowledge of The
Insured, ur if the Insured shall nos, in
writing. prnniptly notify The Company of
any such rejettiun by reason of claimed on
marketability of tide, then all liability of
the Company in regard to the subject matter
of such action, proceeding or matter shall
cease and Terminate; provided, however,
That failure to notify shall in nu lase
premdice The Claim of any Insured unless
Tile Company shall he actually prejudiced
by such failure and Then only ro the txicnr
of such prejudice.
(c)_ The Company shall have The right
at its own cost To institute and prosecute
any action or proceeding oT do any other
act which in its opinion may be necessary
or desirable to establish The tide of The
estate or interest or the lien of the mort-
gage as insured; and The Company may
take any appropriate action under The Terns
of this policy whether or nor it shall be
liable Thereunder and shall nor thereby
concede liability or waive any provision of
this policy.
(d) In all cases where This policy per.
mirs or requires the Company Tit prosecute
or provide for the defense of any action
or proceeding, The Insured shall .secure To
it the right m so prosecute or provide de-
fense in such action or proceeding, and all
appeals Therein, and permit it to use, at its
option, The name of The Insured for such
purpose. Whenever requested by the Com-
pany The Insured shall give The Company
all reasonable aid in any such action or
proceeding, in effecting settlement, securing
evidence, obtaining witnesses, or prosecu-
ting, or defending such action or proceed-
ing, and The Company shall reimburse The
Insured for any expense so incurred.
S. NOTICE OF LOSS LIMITATION OF
ACTION
In addition to The notices required under
paragraph 4(b), a statement in writing of
any loss or damage for which it is claimed
the Company is liable under This policy
shall be furnished to the Company within
sixty days after such loss or damage shall
have been determined and no right of
action shall accrue To the Insured under
This policy until thirty days after such
statement shall have been furnished, and
no recovery shall be had by The Insured
under this policy unless action shall he
commenced thereon within five years after
expiration of said Thirty day period. Failure
to furnish such statement of loss a damage,
or to commence such action within The
time herembefore specified, shall be a con-
clusive bar against maintenance by the In-
sured of any .action under this polity.
6. OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have The option To
pay or .settle or compromise for or in the
name of The Insured any claim insured
against or To pay The full amount id this
policy, or, in case loss is claimed under This
policy by the owner of the indebtedness
secured by a morrgagc covered by this
policy, the Company shall have the option
To purchase said indebtedness; such pur-
chase, payment ut Tender of payment of
(Conditions and Sripulotions Continued and Concluded on Last Page of This Policy)
rc. ,e,a, As e
standard C=WMAkV0-*W
SCHEDULE A
Paemiom $ 5 45.0 0
Effective
Amount $ 175, Dnn.0n Date OCTOBER 9, 1972 AT 8 :00 A.M. Policy No. 505859
1laevaan
CITY OF P!EIIPORT BEACH, A MUPIICIPAL CORPORATION.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF NE §PORT BEACH, A MUPIICIPAL CORPORATION.
E. The estate or interest in the lend described or referred to in Schedule C covered by this policy is
a fee.
SCHEDULE B
This policy does not man against loss or damp by reecan of the following:
PART I
1. Tazo or laments which are not shown as existing liens by tha records of any taring authority that
levies taus or sssatmtants on reel properly or by the public records,
i is Any facytt% rights, interests. or claims which are not shown by the public records but which Wald be
ascertained by an inspection of said land or by making inquiry of persons in poesassion thereof.
& F.esemants, ciaims of easement or encumbrenca which are not shown by the public records.
4. Discrepancies, oonBicp in boundary limes, shortage wi encroechmenta or any other facts which a
correct survey would disclose, and which are not shown by rho public records.
S. Unpatented mining -brims; reesrrratioms or exceptions in patents or in Acts suthoiriug the ieeuance
thereof; water rights, eloims or title to water.
To 1017.18 cell. C
Culll.rnla land Till..Mledell.n
SI. Merd C —.'... P.11 -106]
S C H E D U L E B— (COntlnw d
P.AFM II
1. GENERAL ANT) SPECIAL TAXES FOR THE FISCAL YRAR 1972 -1973, A LI °N
NOT YET PAYABLF.
2 THE USE A'D CONTROL OF CIENFGAS AND NATURAL STRFAMS OF !WATE?, IF ANY,
NATURALLY UPOM, FLOWING ACROSS, INTO OR BY SAID LAND, AND THE RIGHT
OF !FAY FOP. AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH
',:'\I^ LAI'^ TO I"^IGATE OR ?RA,I "I THE ADJACF. !T LA "`P, AS RFSF -RVED I`! THE
DEED RECORDED ICJ BOOM, 301 PAGE 220, DEEDS.
3. AN EASEMENT FOR ROADS, RAILROADS AND DITCHES AS RESERVED IN T'IE
II "STRIAIFIIT Ar.nVF: f!Ft-!TIOf!ED, OV °R THE (JEST 20 FEET OF SAID LAND.
a. Naas le AS.a la. /VI
With An fond Title ent - F. loan ,.,.j.1970
With AITA Endwrm�nf - F. 1 Cavaraas.
w
an land Title Axulalion Owaar's polity
far.
Fwm. 81970
or
California land Title oiI Sfondard Cowrapa plicp19A
SCHEDULE C
The land referred to in this policy is described as follows:
T!1AT POP.TIP)I! OF T'IF '!OPTII HALF OF THE NOP•TH!lEST QUARTER OF THE SOUTH -
EAST OUAPT':? OF S CTIO.'i 13, T01•!NSHIP Fi SOUTH, RANGE 10 WEST, If! THE
RAHCHO LAS BOLSAS, CITY OF HUrJTINGTON BEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK, 51, PAGE 14, OF MISCELLANEOUS
RAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DFSCRIBFD
AS FOLLO`!S :
CI'!hlIi'� AT T!L° Ir!T'?PSFCTTON OF TIV- WFST LT'!:° OF �,nlr� `1ORT! WFST
TIA2I '::IT:I T " ITL. ^:LY P:IOLO.?f_.AjlI :,: OF T:IC NOQT. LINE OF THE
LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED
RECORDED AUGUST 7, 1923, IN BOOK 431, PAGE 276, OF DEEDS OF SAID ORANGE
COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATION AND SAID MORTH
LI'''' TO THE N!ORTHEAST COPNER OF SAID LAND; THENCE SOUTH 440.00 FEET
ALONG THE EAST LIidE OF SAID LAND TO THE SOUTH LINE OF SAID MORTH HALF
OF THE NORTH'-!EST OIARTFR OF THE SOUTHEAST QUARTER; THENCE WEST 495.00
FEET ALONG SAID SOUTH LINE TO THE ! -,EST LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH lt4o.00 FE.[T ALONE, SAID 'IFST LIME TO THE POINT OF BEGINNING.
F::CFPT FROM THAT PORTION THEREOF LYIMG NORTHERLY OF THE SOUTHERLY
155.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON
THE WEST, AS SAID ROAD EXISTED ON MARCH 13, 1922.
SAID LAND IS S1-101gP! ON A MAP FILED IN ROOK. 7, PAGE 37, OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
0
CLTA 107.8 (4.10.69)
(6.71)
ALTA OR STANDARD COVERAGE
INDORSEMENT
ATTACHED TO POLICY NO. 5 5 8 5 9
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
Hl g)
� i••pl ) ' � r!P �t
f •IFS A
11%1, )VGELESt
Title Insurance and Trust Company
By °4 91�7
SECRETARY
To 230 VC
wro 1 -r24 9.69
is 0
I 12
I Jz- t�
a
This is not a survey of the land but is compiled for
Title Insurance and Trust Company from data shown by
G S'j 12 /OW
rmation by the
official records.
FORM too • •
RESOURCES AGENCY OF CALIFORNIA
DEPARTMENT OF CONSERVATION
DIVISION OF OIL AND GAS
REPORT OF WELL ABANDONMENT
830 Nortb La Bre-_a.1nR1ewood QQ302--- -_,_ -- California
October 3_ 1972 —
_PACIFIG_�PPLY COOPEj;� VI E_, _ __
3225 @cean Blvd
--- -- --- ---- ------------ -- - --- - - - ----
�oro ik del Mar CA 92625
:.� DEAR SIR:
Your report of abandonment of Well No ........ .IC ty__of _lye 9r t!!__l __LQS2_ QQSZfll._,
R .... 10 -R.... ... & M„ ......... Test_belap9st-- --------- - -_ -field,
- ____- Qr_ange ------ _ ----------- County, dated__ - Sept- __27,. - 19.71, received ---- Sept-.-28,--19.72,
has been examined in conjunction with records filed in this office.
A review of the reports and records shows that the requirements of this Division,
which are based on all information filed with it, have been fulfilled-
ADS:rk
cc Headquarters
Production Dept.
Conservation Comm,
Orange Co. Dept of Bldg 6& Safety
Dept of Oilfield Control
JoHN F. MATrn :ws„ JR.
BLANKET BOND State Oil and Qw Suyerokor
By--------
�� -
11411 -1b 1-11 .M alp
I
CITE' OF NE-` PORT BEACH
January 18, 1973
R. K. Elliot
Construction & Development Co.
930 South Newhope Street
Santa Ana, California 92704
Shapell Industries, Inc.
8383 Wilshire Blvd.
Suite 700
Beverly Hills, California 90211
CALIFORNIA
92660
City Fall
3300 Newport Blvd.
(7141 . 673 -2110
Frank H. Ayres and Son
20951 Brookhurst Street
Huntington Beach, California 92646
Subject: Sale of 4.7 Acre'Surplus "City Property in Huntington Beach
Gentlemen:
On Monday, January 22, 1973, prom tl at 7:30 P.M., the results of the
sealed bidding for the subject parcel will be announced in the Newport
Beach City Council Chambers. The City Manager will then call for oral
bids. In order for an auction to take place during Monday night's Council
meeting, either the Shapell or Ayres company must submit an oral bid of
$139,000.00.
Your attention is directed to Resolution No. 7881 setting forth the auction
procedures. A copy of the City Manager's report to the City Council is
enclosed.
We shall look forward to seeing you Monday evening.
Very truly yours,
LAURA LAGIOS
City Clerk
LL /PFB:cs
Attachment
January 23, 1973
Shapell Industries, Inc.
83£3 Wilshire Blvd.. Suite 700
Los Angeles, CA
Subject: Property at Bushard Street and Hamilton Avenue,
Huntington Beach.
Enclosed is cashiers check in the amount of $13, 000. 00 which was
submitted by you with your bidders proposal to purchase subject
property. The City appreciates your interest in said property
by submitting your sealed bid.
As you know, the property was sold to Frank H. Ayres & Son
for $139, 000.00.
Laura Lagios, C. M. C.
City Clerk
LL-.dg
Encl.
cc: City Manager
0
-rH, OlIDER OF CITY OF NEWPORT BEACH 13,000.00*--
90-1876
1223
Beverly Hills Ranional Head Office
UNION BANK
AVilybire at Beverly Drive
Beverly hills. California 90212
11000 23 SO 9 1112 i:1223,,,1876':20005 300020
Y
• CITY OF NEWPORT BEACH
SURPLUS REAL PROPERTY
BUSHARD STREET AND HAMILTON AVENUE
HUNTINGTON BEACH, CALIFORNIA
PROPOSAL TO PURCHASE
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has inspected the location of the surplus property;
has carefully read City Council Resolution No. 7881 declaring the property to be
surplus, authorizing its sale, and setting out the procedures for its sale; has care-
fully examined the preliminary title report from Title Insurance and Trust Company
and the Evans, Goffman and McCormick soils report; and has consulted with the City
of Huntington Beach concerning applicable land use regulations for the property.
The undersigned hereby proposes to purchase said real property and do all things
necessary to complete the purchase if he is the successful bidder in complete accor-
dance with the terms of Resolution 7881 and will make full payment therefor within
thirty (30) days after the award of the bid.
The undersigned further declares that his offer is unconditional and without excep-
tion; that it is not conditioned upon the approval of any proposed development by
the City of Huntington Beach; and that he will pay all recording costs and closing
costs associated with purchase of the property.
Accompanying this proposal is a cashier's check, certified check, or cash deposit
equal to ten percent (10 %) of the bid price as a guarantee that if the proposal is
accepted, the undersigned will complete the purchase transaction as provided in
Resolution 7881. The undersigned is aware that failure of the successful bidder
to complete the purchase as required shall result in forfeiture of the deposit to
the City.
TOTAL BID PRICE
WRITTEN IN WORDS -
One Hundred Thirty Thousan4Z011ars
and
------ - - - - -- No - - - - -- Cents
Shapell Industries, Inc.
Bidder's Name
8383 Wilshire Blvd., Suite 700
3idder's Address
655 -7330
Telephone Number
PFB:ep
11/30/72 (Revised)
WRITTEN IN NUMBERS - ,
Shapell,
January 9, 1973
Date
January 23, 1973
R. K. Elliott ConstrucHui:
& Development Co.
930 S. Newhope Street
Santa Ana, CA 92704
Subject: Property at Bushard Street and Hamilton Avenue,
Huntington Beach.
Enclosed is cashiers check in the amount of $13, 400. 00 which was
submitted by you with your bidders proposal to purchase subject
property. The City appreciates your interest in said property
and your participation in the auction.
As you know, the property was sold to Frank H. Ayres & Son
for $139, 000. 00.
Laura lAgios, C. M. C.
City Clerk
LL:dg
Encl.
cc: City Manager
FIRST BANCASHIER'S CHECK
4TH AND MAIN STREET - SANTA ANA, CALIFORNIA N"0 07435
197-� 90-183
P y 1222
A
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CITY OF NEWPORT BEACH.
SURPLUS REAL PROPERTY
BUSHARD STREET AND HAMILTON AVENUE
HUNTINGTON BEACH, CALIFORNIA
PROPOSAL TO PURCHASE
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has inspected the location of the surplus property;
has carefully read City Council Resolution No. 7832 declaring the property to be
surplus, authorizing its sale, and setting out the procedures for its sale; has care-
fully examined the preliminary title report from Title Insurance and Trust Company
and the Evans, Goffman and McCormick soils report; and has consulted with the City
of Huntington Beach concerning applicable land use regulations for the property.
The undersigned hereby proposes to purchase said real property and do all things
necessary to complete the purchase if he is the successful bidder in complete accor-
dance with the terms of Resolution 7832 and will make full payment therefor within
thirty (30) days after the award of the bid.
The undersigned further declares that his offer is unconditional and without excep-
tion; that it is not conditioned upon the approval of any proposed development by
the City of Huntington Beach; and that he will pay all recording costs and closing
costs associated with purchase of the property.
Accompanying this proposal is a cashier's check, certified check, or cash deposit
equal to ten percent (10 %) of the bid price as a guarantee that if the proposal is
accepted, the undersigned will complete the purchase transaction as provided in
Resolution 7832. The undersigned is aware that failure of the successful bidder
to complete the purchase as required shall result in forfeiture of the deposit to
the City.
TOTAL BID PRICE
WRITTEN IN WORDS -
One Hundred Thirty Four Thousan6ollars
and
No Cents
R. K. Elliott Construction & Development Co
Bidders Name
930 S. Newhope St., Santa Ana, California 92704
Bidders Address
638 -8533
Telephone Number
WRITTEN IN NUMBERS -
$ 134,000.00
Authored Signature R. K. Elliott
January 8, 1973
Cashier's check from First Western Bank in the amount of $13,400.00 (TO% of bid) attasbed.
PFB :sh
10/13/72
RESOLUTION NO. 7881.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REJECTING ALL BID PROPOSALS
FOR THE BUSHARD AND HAMILTON PROPERTY, HUNTING -
TON BEACH, AUTHORIZING REBIDDING, AND SETTING
OUT THE PROCEDURE FOR ITS SALE
WHEREAS, on October 10, 1972, the City Council of
the City of Newport Beach adopted Resolution No. 7832, de-
claring certain real property to be surplus, authorizing its
sale and setting out the procedure for its sale; and
WHEREAS, the sealed bids were opened and publicly
announced in the office of the City Clerk at 10:00 A.M.
Friday, November 17, 1972; and
WHEREAS, only one bid, in the amount of $130,000.00,
was submitted for the purchase of the property; and
WHEREAS, pursuant to Sections 11 and 18 of Resolution
No. 7832, the City Council has determined that it would be in
the best interest of the City to reject the one bid and offer
to resell the property under the following terms, procedures,
and conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES
AND ORDERS THAT:
SECTION 1. Size - Location. The subject property-
comprises 4.7 gross acres (more or less) of land located on the
east side of Bushard Street, 170 feet (more or less) south of
Hamilton Avenue in the City of Huntington Beach, California. The
dimensions of the property to the Bushard Street centerline are
495 feet east -west by 440 feet north-south. Said property is
shown on the map dated December 16, 1971, designated Drawing
No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part
hereof by this reference.
SECTION 2. Surplus Property - Legal Description. The
property as hereinafter described is surplus, and there is no
-1-
present or prospective need for same:
That portion of the north half of the northwest
quarter of the southeast quarter of Section 18, Township
6 South, Range 10 West, in the Rancho Las Bolsas, City
of Huntington Beach, County of Orange, State of California,
as per may recorded in Book 51, page 14 of Miscellaneous
Maps, in the Office of the County Recorder of said County,
described as follows:
BEGINNING at the intersection of the west line of
said northwest quarter with the westerly prolongation
of the north line of the land conveyed by H. D. Meyer
to the City of Newport Beach by deed recorded August 7,
1923 in book 481, page 276 of Deeds of said Orange County;
thence east 495.00 feet along said prolongation and said
north line to the northeast corner of said land; thence
south 440.00 feet along the east line of said land to the
south line of said north half of the northwest quarter of
the southeast quarter; thence west 495.00 feet along said
south line to the west line of said northwest quarter;
thence north 440.00 feet along said west line to the
point of beginning,
Except from that portion thereof lying northerly of
the southerly 165.00 feet, that portion included within
the County road adjacent on the west, as said road existed
on March 13, 1922.
Said land is shown on a map filed in Book 7, page 37
of Records of Surveys, in the Office of the County Recorder
of said County.
SECTION 3. Statement of Title. Title Insurance and
Trust Company of Santa Ana, California reports that it is pre-
pared to issue, or cause to be issued, in the form of the
California Land Title Association Standard Coverage form of
Policy of Title Insurance, a policy of title insurance describing
the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Excep-
tion therein not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said policy form.
There are no known conditions that would measurably restrict
or limit the utility of subject land. A copy of said policy
form, marked Exhibit "B ", is attached hereto.
SECTION 4. Topography. The property is generally
flat and at an elevation of 6.72+ feet.
-2-
C
SECTION 5. Soils. Soils data on the property was
prepared by the firm of Evans, Goffman & McCormick of Santa Ana
as an aid to prospective bidders in establishing purchase price..
The work is that of the engineers, and the City makes no war=
runty, either express or implied, relative to the soils conditions
and /or drainage characteristics of the subject parcel.
SECTION 6. zoning. The subject property is presently
zoned R -1 (Single Family Residence District). The City of Newport
Beach makes no representations as to use and development standards
which may apply to the property. Such information must be ob-
tained from the City of Huntington Beach.
SECTION 7. Sealed Bids.
Said property is hereby
offered for sale, and bids therefor are invited, beginning
Friday, December 1, 1972, under the procedure of sealed bidding
and public auction as hereinafter set forth. The minimum ac-
ceptable bid shall be $130,000.00. Each bid must be on an of-
ficial Bidders Proposal Form and submitted to the City of Newport
Beach, City Clerk, 3300 Newport Boulevard, Newport Beach,
California 92660, by 10 :00 A.M., Friday, January 12, 1973.
All bids shall be in a sealed envelope clearly masked: "SEALED
BID PROPOSAL - BUSHARD AND HAMILTON PROPERTY - HUNTINGTON BEACH."
SECTION 8. Deposit. Each bid must be unconditional
and without qualifications, and be accompanied by a deposit of
cash or a certified or Cashier's check payable to the City of
Newport Beach, equal to ten percent (10 /) of the amount bid.
This deposit is to guarantee that if the City accepts the sealed
bid or an oral bid made at the auction (See Section 10) by a bidder,
said bidder will complete the purchase within thirty (30) days
in accordance with the bid that was accepted by the City and the
terms of this resolution.
If qualified sealed bids of equal amounts
are submitted, the one received first by the City Clerk shall be
considered the highest of such bids for all purposes. The
-3-
DON:sh
11/29/72
deposit of the successful bidder shall be applied to the purchase
price, and will not be deposited into escrow. Upon acceptance
of the successful bid by the City Council, all other deposits
shall be returned to the bidders. Failure of the successful
bidder to complete the purchase as above required shall result
in forfeiture of the deposit to the City.
SECTION 9. Opening Bids. The sealed bids shall be
opened and publicly announced in the Office of the City Clerk at f
10:00 A.M., Friday, January 12, 1973. T
SECTION 10. Public Auction. At the regular City Council /
meeting of Monday, January 22, 1973, at 7:30 P.M., the City Clerk
shall announce the amount of the highest sealed bid received and
the name of the bidder, and the City Manager shall then call for
oral bids. To be considered, the first oral bid must exceed the
highest sealed bid by $5,000.00. Additional oral bids must be in
multiples of $1,000.00 to be acceptable. To be qualified to
participate in the public auction, a bidder must have submitted a
valid sealed bid, together with the necessary deposit.
In conducting the sale, the City Council may
waive informalities in bids and may by motion modify the terms of
this resolution as deemed necessary to obtain the highest price
for the property.
SECTION 11.
Sale Award
Upon receiving the highest
bid obtainable from a qualified bidder, the City Manager shall
declare the amount of the highest bid and the name of the bidder.
The City Council may then determine whether it wishes to accept
or reject the high bid, or the Council may continue the sale until
its next regular meeting.
SECTION 12. Escrow - Terms. The bidder to whom the
property is sold must make full payment therefor to the City
-4-
DON:sh
11/29/72
0 0
within thirty (30) days after the City Council approves the sale,.
Upon acceptance of the highest and best bid by the Newport Beach
City Council, the City shall open an escrow with the Bank of
Newport and forthwith deposit into said escrow a properly executed
Grant Deed conveying fee title to the property.
SECTION 13. Title Insurance. On notice from Title
Insurance and Trust Company that it is prepared to issue at Buyer's
expense a CLTA Standard C(werage Title Insurance Policy with
liability equal to the full purchase price showing title vested
in the highest bidder, subject only to the exceptions shown in
the preliminary title report, the bidder shall deposit into the
escrow the difference between the bid award price and his cash
or certified check bid deposit.
SECTION 14. Real Estate Commissions - Closing Costs.
The buyer shall pay for all recording costs and real property
transfer taxes within thirty (30) days after the date the City
Council approves the sale.
All bids will be on a NET NET NET basis,
and the City of Newport Beach assumes no responsibility to pay
real estate commissions, recording fees, deed transfer fees,
escrow fees or cost of Policy of Title Insurance; these costs
should be taken into consideration when submitting bids.
SECTION 15. Real Property Taxes. Although owned
by the City of Newport Beach, a municipal corporation, this property
is not exempt from real property taxes. Said taxes will be pro-
rated between buyer and seller to the date of opening of escrow.
SECTION 16. Inability to Convey. If the property
cannot legally be sold by the City, or the City is unable to
convey marketable fee title within a reasonable time after the
date of sale, the sale shall be void and deemed mutually can-
celled, and any price paid or deposit made by buyer shall be
refunded and no liability of the City shall exist or arise from
such cancellation.
-5-
SECTION 17. No Warranty. No warranty is made or
intended by any statement in this resolution or the notice of
sale, or otherwise, with respect to location, size, zone or
utility or interest therein which is sold or offered for sale.
SECTION 18. Withdrawal from Sale. The City Council
reserves the right to reject any and all bids.
SECTION 19. Notice of Sale - Publication. The
City Clerk shall prepare a notice of sale setting out the ad-
dress or location, description, zone and approximate size of
the property being offered for sale, the date, place and time
the bids will be received and opened and the fact that additional
information may be obtained from the City Clerk's office. The
notice shall be published once in the official newspaper of the
City, and copies of the notice and resolution shall be made
available for inspection in the City Clerk's office.
SECTION 20. Official Bidders Proposal Form. All
bids must be submitted on an official Bidders Proposal Form avail-
able for purchase in the City Clerk's office for $10.00. Facsimile
copies of the official form are not acceptable.
ADOPTED this 27th day of November , 1972.
ATTEST:
CYfGKG .
City Clerk
MM.
i
DON dm
11/20/72
•CENTEfi SEC. /S- 6 -/O
f/AM /L TON ST.
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CITY OF NEWPORT BEACH DRAWN .. a-xrr -r DATE T/ _
PUBLIC WORKS DEPARTMENT APPROVE
PROPEfITY FOR SALE Ass•r.Xcirr MANAGER
.47- B!/SHARAO AND NAM /L TON
//V f!U/VT /NGTO/V 41SE4C" DRAWING NO.
yAM /ETON
$T,
C /TY
a
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CITY OF NEWPORT BEACH DRAWN .. a-xrr -r DATE T/ _
PUBLIC WORKS DEPARTMENT APPROVE
PROPEfITY FOR SALE Ass•r.Xcirr MANAGER
.47- B!/SHARAO AND NAM /L TON
//V f!U/VT /NGTO/V 41SE4C" DRAWING NO.
CONDITIONS AND STIPULATIONS (Continued end Concluded From Reverse Side of Policy Fore)
the full amount of this policy, together
w,th all costs, attorneys fern and expense:
whole the Company is obligated hereunder
to pay, shall terminate all liability of the
('ompany hereunder. In the event, after
notice of claim has been given to the Com
p:my by the Insured, the Company offers
to purchase said indebtedness. the owner of
such indebtedness shall transfer and assign
,aid indebtedness and the mortgage securing
the same to the Company upon payment . of
the purchase price.
7. PAYMENT OF LOSS
(a) The liability of the Company under,
this polity ..shall in no case exceed, in all.
;he actual loss of the Insured and costs and
:dtotneys' fees which the Company may be
obligated hereunder to pay.
(h) The Company will pay, in addition
to any loss insured against by this policy,
All costs imposed upon the. Insured in lit':
gation carried on by the Company for the
insured, and all costs and attorneys' fees in
litigation carried on by the Insured with
the written authorization of the Company.
(c) No claim for damages shall arise or
be maintainable. under this policy (I) if
the Company, aftet having received notice
of an alleged defect, lien or encumbrance
not excepted or excluded herein terroves
such defect, lien or encumbrance within a
teasonable time .after receipt of such notice.
or (2) for liability voluntarily assumed by
the Insured in settling any claim or suit
without written consent of the Company,
or (.3) in the event the title is rejected as
unmarketable because of a defect, lien or
encumbrance not excepted or excluded in
this policy. until there has been a. final
determination by a court of competent jutis
diction sustaining such rejection.
(d) All payments under this policy, ex.
cept payments made for costs, attorneys'
fern and expenses, shall reduce the amount
of the insurance pro tanto and no payment
shall be made without producing this policy
for endorsement of such payment unless
the policy be lost or destroyed, in which
case ptoof of such loss or destruction shall
be furnished to the satisfaction of the Com-
pany; provided., however, if the owner of
an indebtedness secured by a mortgage
shown in Schedule B is an Insured herein
then' such pavments shall not reduce pro
tans, the araount of the insurance afforded
hereunder as to such Insuted, except to the
extent that such payments ted.,ce the amount
of the indebtedness secuted by such mott-
gage. Payment in full by any person or
voluntary satisfaction or release by the In, surd of a mortgage coveted by this policy
shall terminate all liability of the Company
m the insured owner of the indebtedness
secured by such mortgage, except as pro-
vided in paragraph 2 heteof.
(e) When liability has been definitely
fixed in accordance with the conditions of
this policy the loss or damage shall be .pay.
able within thirty days thereafter.
8. LIABILITY NONCUMULATIVE
It is expressly understood that the
amount of this policy is reduced by any
amount the Company may pay under any
policy insuring the validity or priority of
any mortgage shown or referred to in
Schedule. B heteof or any mortgage here-
after executed by the Insured which is a
charge or lien on the estate or interest
described or referred to in Schedule A, and
the amount so paid shall be deemed a pay
ment to the Insuted under this policy. The
provisions of this patagtaph numbered 8
shall not apply to an Insured owner of an
indebtedness secured by a mortgage shown
in Schedule B unless such Insured acquires
title to said estate or interest in satisfaction
of said indebtedness or any part thereof.
9. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have settled
a claim under this policy, all tight of sub-
rogation shall vest in the Company un-
affected by any Ra of the Insured, and it
shall be subtogated to and be entitled to
all tights and temedies which the Insured
would have had against any person of ptop-
etry in tespect to such claim had this policy
not been issued. If the payment does not
covet the loss of the Insured, the Company
shall be subtogated to such tights and
remedies in the proportion which said pay-
ment beats to the amount of eaic loss. If
loss should result from any act of the In-
social. such act shall not void this policy.
but the Company, in that event. shall. be
required to pay only that part of any losses
insured against hereunder which shall ex-
ceed the amount, if any- lust m the Core-
panv by teason of the impairment of the
tight of subrogation. The Insuted, if to
quested by the Company, shall transfer to
the Company all tights and remedies
against any person or ptoperty necessary in
order to .perfect such tight of subrogation,
and shall permit the Company to ose the
name of the Insured in any transaction or
litigation involving such tights or remedies.
If the Insured is the owner of the in.
debtedness secured by a mortgage coveted
by this policy, such Insuted may release or
substitute the personal liability of any
debtor or guarantor, or extend or othi-rwise
modify the terms of payment. or trlease
a .portion of the estate nr interest from the
lien of the mortgage. or mleisv any col.
lateral security for the indebtedness, pro-
vided such act dons not result in any loss
of priority of The li,a of the mortgage.
10. POLICY ENTIRE CONTRACT
Any action or .actions or tights of action
that the Insured may have or n:ay bring
against the Company arising out or the
status of the lien of the mortgage.. coveted
by this policy or the title of the estate or
interest insured herein must be based on
the provisions of this policy,
No provision or condition of this policy
ran be waived or changed except by wutm
endorsed heteon or attached hereto signed
by the President, a Vice President. the
Secretary, an Assistant Secretary or otltet
validating officer of the Company.
11. NOTICES, WHERE SENT
All notices requited to be given the Com-
pany and any statement in writing . requited
to he furnished the Company shall be ad.
dre ssed. to it at the office which issued this
policy or to its Home Office, 433 South
Spring Street, Los Angeles, California 90051.
12. THE PREMIUM SPECIFIED IN SCHEDULE'
A IS THE ENTIRE CHARGE FOR TITLE SEARCH,
TITLE EXAMINATION AND TITLE' INSURANCE.
0
Title Insurance and Trust Company
M
To 1012 FC (5J2)
Californ'`la land Tille A ... rietion
Standord Corere9e 9e1iry F.,m
Cepyrigh 1963
POLICY OF TITLE INSURANCE
ISSULD BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal
representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation,
against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys'
fees and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of:
1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the
land described or referred to in Schedule C, exiaing at the date hereof. not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, but:only insufar as such defect affects the
lien or charge of said mortgage upon the estate or interest referred to in this policy; or
4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred
to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;.
all subject, however; to the,proviskiq{ of Schedules A, B and C and to the Conditions and Stipulations
hereto annexed;
In Witness Whereof, Title Insurance and Trust Company has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers
on the date shown in Schedule A.
Title :raurance and Truitt Company
by
PRESIDENT
Attest
9P-11 ~ SECRETARY
CONDOIONS AND STIPULATI•NS
I. DEFINITION OF TERMS
The following terms . when used in this
policy mean:
(a) "land ": the land desctibed, specifir-
ally or by reference. in Schedule C and
intptovemenls affixed theteto which by law
constitute teal property;
(b) "public temtdi': those rocutds
which impair constructive notice of matters
telating to said land'
(c) "knowledge'; actual knowledge, not
constructive knowledge or notice whit'h
may be imputed to the Insured by reason
of any public jecotds;
(d) "date' : the effective date;
(e) "mortgage ": mortgage, deed of trust
trust deed, of other security insttumenr, and
(f) "insuted ": the patty or patties named
as :nsutrd, and if the owner of the ire
debtedness secured by a mortgage shown in
Schedule B is named as -an Insured in
Schedule A, the Insuted shall include (1)
each successor in interest in ownetship of
such indebtedness, (2) any such owner who
acquires the estate of interest referred to
in this policy by foreclosure, trustee's sale,
or other legal manner in satisfaction of
said indebtedness, and (.3) any federal
agency of inshumentality which is an in-
sutet or guarantor under an insurance con,
ttact tit guaranty insuring or guaranteeing
.said indebtedness, of any part thereof,
whether named as an insured herein of not,
subject otherwise to the provisions hereof.
7. BENEFITS AFTER ACQUISITION OF TITLE
If an 'insured owner of the indebtedness
secured by a mortgage desctibed in Sched.
ule B acquires said estate or interest, or
any pair thereof, by foreclosure, trustee's
sale, or othet legal manner in satisfaction
of said indebtedness, of any part theteof,
or if a federal agency or insttumentality
acquires said estate or inretest, or any part
thereof, as a consequence of an insurance
contract or guaranty insuring or guarantee-
ing the indebtedness secured by a mortgage
coveted by this policy. of any parr thereof.
this policy shall continue in force in favor
of such Insured, agency or insttumentality,
subject to all of the conditions and stipula-
tions hereof.
3, EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This policy does not insult against loss
of damage by reasons of the following:
(a) Any law, ordinance or governmental
regulation .(including but not limited to
building and zoning ordinances) restticting
or regulating or prohibiting the occupancy,
use of enjoyment of the land, of tegu lating
the character, dimensions, or location of
any improvement now of heteaftet erected
on said land, of prohibiting a separation in
ownership or a reduction in the dimensions
tit area of any lot of parcel of land.
(b) Governmental tights of police power
of eminent domain unless notice of the
exercise of surh tights appeals in the public
tr.ntds at the date hereof.
(c) Title to any property beyond the
lines of the land ex ptessly dextihed in
"lledulc C, tit ride m sitters, toads, avr
"hut's, lama, ways or walttw.rys nn which
such land abuts, of the tight m maintain
therein vaults, tunnels, tamps or any other
sttuctute or imptnvement, or any tights tit
easements therein unless this polity sprrific
ally provides that such properly, rights nt
casements ate insured, except that if the
land abuts upon nor al. mote physically
open streets or highways ]his polity insures
the ordinary tights of abutting owners lot
access to one of suth streets or highways.
unless othetwise exseptrd tit excluded
herein.
(d) Defects, liens, ene'amhrances, adverse
claims against the title as insured or whit
matters (1) cleated, suffered, assumed of
agreed to by the Insuted claiming loss or
damage; or (2) known to the Insuted
Claimant either at the date of this policy
or at the date such Insured Claimant ao
quited an estate of interest insured by this
policy and not shown by the public records,
unless disclnurte thereof in writing by the
Insuted shall -have been made to the Com-
pany prior to the dam of this policy: of (3)
tesulting in no loss to the Insured Claim -
antq or (4) attaching or created subsequent
to the date hereof.
(e) Loss of damage which would not
have been sustained if the Insuted were a
purchaser of mcumbtancet for value with•
out knowledge,
4. DEFENSE AND PROSECUTION OF ACTIONS
— NOTICE OF CLAIM TO BE GIVEN BY
THE INSURED
(a) The Company, at its own cost and
without undue delay shall provide (I) for
the defense of the Insuted in all litigation
consisting of actions of ptoceedings com-
menced against the Insuted, of defenses,
restraining orders, of injunctions interposed
against a foreclosure or sale of the more
gage and indebtedness coveted by this policy
of a sale of the estate of interest in said
land; of (2) for such action as may be
appropriate to establish the title of the
estate or interest of the lien of the moth
gage s insured, which litigation of action
in any of such events is founded upon an
alleged defect, lien of encumbrance in.
soled against by this polity, and may put.
sue any litigation to final detetmi nation in
the court of last resort.
(b) In case any such action of proceed-
ing shall be begun, of defense interposed,
or in case knowledge shall come to the In-
suted of any claim of tide of interest which
is adverse to the tide of the estate of ice
tetest of lien of the mortgage as insnied,
or which might cause less of damage for
which the Company shall of may be liable
by virtue of this policy, or if the Insured
shall in goud faith contract to sell the in-
debtedness secured by a mortgage coveted
by this policy, or,, if an insured in good
faith leases of conttactt to sell, lease to
mortgage the same, or if the successful
bidder at a foteclosute sale under a morn
gage coveted by this policy refuses to pun
chase and in any such event the title to
said estate of intetest is tejected as um
marketable, the Insured shall notify the
Company thereof in writing. If such notice
shall not be given to the Company within
ten days of the t"eipt of ptoo •s or plead-
ings tit if the Insuted shall not. in wtiting.
roloNly nitrify thr Company of any dc.
fete lien of encumbrance insured against
which shall Come to the knowledge of the
Insured, ut if the Insured shall not, in
witting, promptly notify the Company of
any such rejection by reason of claimed um
marketability of title. then all liability of
the Company in regard to the subject martet
of . uch action, ptnceeding nr martet shall
cease anti terminate; provided, howrvet
that failure to notify shall in no lase
ptejudire the claim of any Insured unless
the Company shall he attunlly prejudiced
by suth failure and then only to the Mint
of such ptejutlice.
(c) The Company shall have the right
at its own cost to institute and prosecute
any action of ptoceeding nt du any other
act which in its opinion may be necessary
or desirable to establish the title of the
estate of interest of the lien of the moll.
gage as insuted; and the Company may
take any appropriate actinn under the terms
of this policy whether of not it shall be
liable thereunder and shall not thereby
concede liability or waive any provision of
this policy.
(d) In all cases where this policy pet
mits or requires the Company to prosecute
of provide lot the defense of any action
of proceeding, the Insured shall secure to
it the tight to so prnsecute of provide de-
fense in such action of ptoceeding, and all
appeals therein, and permit it to use, at its
option, the name of the Insuted for such
putpose. Whenevet requested by the Com-
pany the Insuted shall give the Company
all teasonable aid in any such action of
proceeding, in effecting settlement securing
evidence, obtaining witnesses, of piosecu.
ring or defending such action of proceed-
ing, and the Company shall reimburse the
Insuted for any expense so incutted.
S, NOTICE OF LOSS — LIMITATION OF
ACTION
In addition to the notices tequited under
paragraph 4(b), a statement in writing of
any loss or damage for which it is claimed
the Company is liable under this policy
shall be furnished to the Company within
sixty days after such loss of damage shall
have been determined_ and no right of
action shall accrue to the Insured under
this policy until thirty days after such
statement shall have been furnished, and
no tecovery shall be had by the Insuted
under this polity unless action shall he
commenced theteon within five years after
expiration of said thiny day petind. Failure
to futnish such statement of loss of damage,
of to commence such action within the
time heteinbefote specified, stall be a con.
elusive bar against maintenance by the Ira
soled of any action undet this policy.
6. OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have the npiion to
PAY of settle of compromise lot or in the
name of the Insuted any claim insured
against of to pay the full amount of this
policy, or, in case loss is claimed under this
policy by the owner of the indebtedness .
secured by a mortgago coveted by this
Policy. the Company shall have the option
m putrhasr said indebtedness; such put
ehasv. paymcnt tit teudcr of Payment of
(Cunditiun; and Stipulations Continuctl ontl Concluded on Lost Poge of This Policy)
c. Dial " c
20
SCHEDULE A
Premium $ 545. 0 0
Effective
Amount $175,00n,00 Date OCTOR[P, 9, 1972 AT 8:n0 A.M. Policy No. 505859
INeUaam
CITY OF NFITORT BEACH, A MUNICIPAL COP.PORATIOM.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF Nr-- 1Y'OPT BEACH, A MUNICIPAL CORPORATION!.
E. The estate or interest in the land described or referred to in Schedule C covered by this policy is
a fee.
SCHEDULE B
Ibis policy does not insure against loss or damage by reasau of tba following:
PART I
t. Rases or anassments which are not shown as eating lien by the records of any tang authority that
levied ta=ss or assessments on real property or by the public reca ds
2 Any facts, rigbts, inioresm or tleims whim are not shown by the public records but which could be
ascouined by an inspection of said .land or by making inquiry of persooe in possession theread.
3. Easements, eleims of easement or encumbrances which an not shown by the public records
4. D"ctepsneey oan&eb in boundary lime, shortage is ereqq encroachments, or any other facts which a
cortac survey would Awlase, and which are not shown by the public records
5. Unpatanted mining claims: reservations or nceptioas in patents or in Acts authorizing the issuance
theread: water rights, claims or title to water.
TO 1017 -15 C.... C
W ...m i.,d nn. A....mn..
9uee... C....... r.u....vsp
SCHEDULE B — (G'onnimmd)
PANT II
1. GrNERAL AWSi SPECIAL TAXES FOR TtiiF FISCAL Y AP. 1072 -1973.. A LIEPI
f!OT YET PAYAYL7.
2 THE USE A "D CONTROL OF CIENEGAS AMD MATURAL STRFAMS OF t!ATFP.� IF ANY,,
NATURALLY UPON FLOWING ACROSS,, INTO OR BY SAID LAND, AND THE RIGHT
OF ''AY FOR AP!D TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH
^I^ LA" Tn I'Ir.ATE OR 'RAT "! T11F ARJACF "'T LA'ln,, AS RFSRRVFD V1 THE
DEED RECORDED III BOOK 30, PAGE 220p DEEDS.
3. AN EASEMENT FOR ROADS,, RAILROADS AND DITCHES AS RESFRVED IN THE
If': ^Tf t!ilC 'T A! DVf 1'1" PITI ONE QV'P, THE IJCST 20 FEET OF SAID LAND
W% AL Land {NM A..adaean Loan ►alkr -1VM • •
W{M ALTA Endawam� - foes 1 CewraYa..
a
Ain.rlc -1 Land Tlcl. Auaelalion Owiwr'.. feliry
faun a -19Je
a
Callfornip Lad TN. Asoodattoo
Stan dvrd Cow.oaa fd1q -l%3
SCHEDULE C
The lend referred To in this policy is described as follows:
T!IAT POPTIO;: OF T'i!_ ':ORTII HALF OF THE NORTHP!rST QUARTER OF THE SOUTH -
EAST QUART"P OF S-CTIO'.1 18, TO!-!NSHIP 5 SOUTH, RA ?IGE 10 WEST, I THE
RANC110 LAS BOLSAS, CITY OF HUI:TIPIGTON PEACH, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK. 51, PAGE 14, OF MISCELLANEOUS
MAPS, IN TN.r OFFICE OF THE COUNTY RECORDER OF SAID CnUMTY, DESCP•I'?F-D
AS FOLLO11S ;
7r.r.T "1 l;:r AT TH.- I1l'T7r'SFCTT0N OF THr 11r5T LI?!r OF SA.In NIOP.THt'!FST
1!!: ;T":° '.;IT'! T:;F '.i iSTL1LY P;;OLO[',ATI^.'! OF T:1� 140RTH LINE OF THE
LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED
RECORDED AUGUST 7, 1 123, IN BOOK 481, PAGE 276, OF DEEDS OF SATs ORANGE
COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATION AND SAID NORTH
I_P•.;' TO THE NORTHEAST CORNER OF SAID LAND; THENCE SOUTH 440.00 FEET
ALON THF. EAST LV'!E OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF
OF THE NORTH'.!FST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST 495.00
FEET ALONG SAID SOUTH LINE TO THE !:!EST LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 440.00 FEET ALONG SAID WFST LINE TO THE POINT OF BEGINNING.
7i'CrPT FROtA THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY
155.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON
THE WF-ST, AS SAID ROAD EXISTED ON MARCH 13, 1922.
SAID LAND IS SHOWN OM A MAP FILED IN BOOK, 7, PAGE 37, OF RECORD OF
SURVEYS IM THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY.
14
CLTA 107.8 19.10.691 •
' 6-71 1
ALTA OR STANDARD. COVERAGE
E
INDORSEMENT
ATTACHED TO POLICY NO. 5 0 5 8 5 9
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
/ /♦• �O ••0e4TF 15 ���� • \�
'rr�l Sq Ga a
G" -��r`
'Lytle Insurance and Trust Company
By 04 9P-7 `
SECRETARY
TO 276 VC
Oro ' -0." '."
• •
�I
I
.tir. m•.,1:. i
fl q
� I
�,
0 i r S•••er•, rE�r ,W I `r
h Ippi I
I V
This is not a survey of the lend but is compiled i for
Title Insurance and Trust Company from date shown by I
tG 52 le /O vV
rmation by the
official records.
Fa11Y ISO 0 •
RESOURCES AGENCY OF CALIFORNIA
DEPARTMENT OF CONSERVATION
DIVISION OF OIL AND GAS
REPORT OF WELL ABANDONMENT
—830 North La Brea, — Inglewoo4- 10302___— __— CajifOinia
_ October 1972
PACIFIC SUF1?1.X_QQ ERATiVE Y
3225 Ocean Blvd
�o�ona del 2far`GA 92625— —
DEAR SIR:
Your report of abandonment of Well No.---- __'cty__o> Q�g- pp5Z81-
Sec ----- la, T ----- b8- - -, R. --- UR- - -, -- 5-2.-B. & M., _ __ -----
le>ESt_hewp9ra`___ -_ - -__ field,
- - - -- --orange---------- - - - - -- County, dated ---- SepLt.__27 ---- 19.72, received - -- Sept - -_28� -1922,
has been examined in conjunction with records filed in this office.
A review of the reports and records shows that the requirements of this Division,
which are based on all information filed with it, have been fulfilled.
ADS:rk
cc Headquarters
Production Dept.
Conservation Donmi.
Orange Co. Dept of Bldg & Safety
Dept of Oilfield Control
JOHN F. MATmEwS, JR.
BLANKET BOND State Oa and Cat Supero4or
Depuey Supero4or
k 701 "..M cap
_:
:..
11
November 29, 997E -
0
Shapell Industries, Inc.
8383 Wilshire Boulevard, Suite 700
Beverly Hills, CA 90211
Subject: Sealed Bid Deposit - City -owned Property
at Bushard and Hamilton, Huntington Reach
Enclosed is your cashier's check in the amount of $13, 000
which accompanied your sealed bid proposal in connection
with sale of subject property.
As you know, the City Council, at its meeting of November 27,
rejected all bid proposals and authorised rebidding, After
December 1, we will send the new official Bidders Proposal
Form to you. It will not be necessary to Pay another $10.00
for the packet.
Laura Lagios, C. M. C.
City Clerk
LL:dg
Encl.
cc: Assistant City Manager
i
III
,PAY TO
'0V
THE ORDER Olk
I
-$
nn.-.**
? Bever Hilly lte■ioaRl7iaEdon=
.•• ,
UNION BANK"'
��
BeveAy Mu Cah;emla 90=
- -
500 2 3 i8 4On+
- - - - TAUT
IZEY IGNATURE
-' '
/
1:12 2 3M i8 76+: 2000 53000 20
CITY OF..NDMORT BEACH
BU$Iii4RD$ T�REET 1fD, iIAMILTON AVENUE -
HUN
TINGT N BEACH., CALIFORNIA
:.PROPOSAL AO PURCHASE
To the Honorable city Council
City of .Newport Beach
:3300 Newport Boulevard:
Newport Beach, California 92660,
Gentlemen:
The.undersigned declares that he.has inspected the location of the surplus property;
. has carefully read City Council Resolution No:: 7832,declaring the property to.be
surplus, authorizing its sale,,.and setting out the procedures.for_ its sale; has care
fully examined the.preliminary.title'report from Title Insurance and Trust ,Company
and the Evans, Goffman:and.McCormick soils report ;'and has consulted with.the.City
of Huntington Beach, concerning'applicable :land use regulations for the property.
The :undersigned,hereby. proposes to.purchase:said real property and do all things
necessary to complete the purchase if- he is the successful bidder in complete accor-
dance with the terms of Resolution 7832 and'will make full payment therefor within
thirty (30) days after the award of the bid.
The undersigned further declares that his offer is unconditional and without. excep -
tion; that it is not conditioned upon the approval of any proposed development by
the City of Huntington Beach.;,,and that he will pay all recording costs and closing.
costs associated,with purchase of the property.
Accompanying this proposal is a cashier's check, certified check, or .cash deposit.
equal to ten percent (:10 %) of the bid price as a guarantee that if the proposal is
accepted, the undersigned will complete the. purchase transaction .as.pvided in
Resolution .7832. The undersigned is aware -that failure of the..succeWPul. bidder
to complete the purchase '.as-.required-shill result in forfeiture'of the deposit to
the City.
TOTAL BID PRICE
WRITTEN IN WORDS - WRITTEN IN NUMBERS -
ONE`H=RED THIRTY THOUSAND.
and
No Cents
SHAPELL INDUSTRIES, INC.
d r s Name
8383 WILSHIRE BOULEVARD
B errs ress
655 -7330
Te ephone Number
$130 1000-.00
November 17,. 1972.
Date .
:.1
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We have received your request for a bid proposal package in
connection with the sale of the Bushard and Hamilton property.
We expect the proposal packages to be ready for mailing next
week and will be happy to send you one upon receipt of the
$10.00 purchase fee as required by Revolution No. 7881.
Laura Lagios, C. M. C.
City Clerk
LL:dg
Identical letter mailed to all on
attached list.
J
O-
rs
Shapell Industries, Inc. W�il F�Ure Vicer
541ife 700
90211
November 9, 1972
MR. PHILIP F. BETTENCOURT
Assistant City Manager
City of Newport Beach
3300 Newport Beach Boulevard
Newport, California
Dear Phil:
In response to your ad of October 20, 1972 in the Daily
Pilot please provide the builders information kit on your
4.6 acre offering in Huntington Beach.
Enclosed is a check in the amount of $10.00 from Shapell
Industries to cover the cost of this information and soils
report.
Thank you for your attention to this matter.
Cordially,
SHAPELL I SES, INC.
RO ALD RINCE
Director of Land Acquisition
RP /mek
11 -20 -72 I am returning subject $10 check to you, as the $10 fee was
paid by your agent at the time of the bid opening on November 17.
�arwc �c��so
Laura Lagios
City Clerk
City of Newport Beach
0
FRANK H. AYRES & SON
LAND DEVELOPERS SINCE 1905
20951 BROOKHURST STREET
HUNTINGTON BEACH. CALIFORNIA
(.714) 962 -6683 340 -4200
November 3, 1972
City of Newport Beach
City Clerk
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
E
MAILING ADDRESS
POST OFFICE BOX A
HUNTINGTON BEACH. CALIFORNIA 92648
Enclosed is our sealed bid on the property at Bushard and Hamilton, with our
Cashiers Check in the amount of ten percent (10%)-of the Bid.
Sinc 'ly yo ,
er�DeYoung
Vice President /
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CITY OF NEWPORT BEACH
CALIFORNIA nmo
city Hall
3360 Newport Blvd.
(714) 673 -2110
October 26, 1972
Enclosed is Policy of Title Insurance for the Newport
Beach City -owned property at the corner of Bushard and
Hamilton in Huntington Beach. This is part of the bidder's
proposal package which you received last week.
i�
Laura Lagios, CMC
City Clerk
t
• •
R. K. Elliott Construction
k Development Co.
930 South Newhope Street
Santa Ana, CA 92704
Enclosed are receipt for $10.00 and the bid proposal package
for the Bushard /Hamilton property which you requ6sted. We
have not yet received the title report from the title company,
and will forward it as soon as it is received.
Laura Lagios, C. M. C.
City Clerk
dg
Encl.
R
K Elliott construction & Development Co.
I930 South. Newhope Street
October 16, 1972
Santa Ana, California 92704 (71.4) 638.8533
City of Newport Beach
3300 Newport Blvd.
Newport Beach, California
Attention: City Clerk
Dear Sir or Madam:
Enclosed is our check in the amount of $10.00 for that bid package
including the soils report on 4.7 acre parcel on the east side of
Bushard just south of Hamilton in the city of Huntington Beach which
the city of Newport Beach intends to sell.
Please mail this package to us at the above address.
Sincerely,
(
n
R. K. Elliott
RKE /ej
----------
CITY OF NEWPORT BEAW RECEIPT
NEWPORT BE ,CALIFORNIA 92660 No. 44893
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9
DATE 19
RECEIVED FROM
FOR:
10 30 -
ACCOUNT NO.
AMOUNT
DEPARTMENT
BY
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CITY OF NEWPORT BEA. RECEIPT
NEWPORT BEACH. CALIFORNIA 92660 No. 38784
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CITY OF NEWPORT B�H
NEWPORT BEACH, CALIFORNIA 92660 No. 44166
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By
Frederick M. Wilson 10.00
Aneas Company -Land Dev. 10.00
:.' Watt) .
doff. mynor 10.00
Donald P. Jones -Cash 10.00
Walker & Lee - Cash 10.00
Roger de Young Const. Co. OW. 10.00
0 & Ellis ) 10.00
(Mervyn Kirschner Z Tom
I K. Elliott Const. 10.00
pe11 Industries Inc. CSH 10.00
90.00
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PHIL - Please send new bid package o nushaa �rd & Hamilton
to - oaaosx
Mr. Wayne Peterson
21030 Brookhurst
Huntington Beach, 92646
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November 20, 1972
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Attentions Mr. Robert Wynn, City Manager
Gentlemen:
We are interested in buying property that the City intends
to sell. I understand that bids were received for 4.7
acres of R -1 property at the corner of Hamilton and
Bushard Street. If this is re -bid we would appreciate
receiving information so that we may quote on this property.
We are also interested in any other property the City
intends to sell. We would like to know if the property
acquired for the freeway through Newport Beach may be for
sale and, if so, who we may contact.
Thank you.
Yours very truly, (i4b.' " " " "' ""
PIONEER•IN,DUSTRIES, INC.
ROBERT K. WALKER, JR.
ACREADE DEPARTMENT
Robert R. Wahler, President SUITE 355 (7141 776 -9350
1471 SOUTH MANCHESTER AVE. (213) 625 -5821
RRW /lt ANAHEIM, CALIFORNIA 92802 Res. (714) 673 -8693
�-
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PIONEER INDUSTRIES, INC • 21.72 DUPONT DRIVE • SUITE 206 • NEWPORT BEACH, CALIFORNIA 92664 • (7141.833 -0570
r7 ,
4 A.rmation regarding the sale of City-
Bid gat Cj Clerk's office at 10:00 a
Be sure to Mark yel,ope with time and`"
vned-property at Bushard and, Hamilton:
Friday, No.vembbyF i7, 1972.
. .
of receiving proposal, and sign.
If qualified sealed bids 'of: equal amounts are subtYmi a,. the one received first by
the City Clerk shall be considered the highest. "'
The minimum: acceptable bid is $130, 000. 00. Bid must be accompanied by 10%
of amount of bid ii the form of actual cash, or a certified or cashier's check.
(Absolutely noprsonal checks accepted nor bidder's bonds). ) But okay to accept
personal cheek �j# the. $10 for purchase of the official bidder's. proposal forms.
The $10 is non - refundable.
When picking up official Bidder's Proposal Form, they can look at sample set.
The resolutions are for information purposes, so let them have a copy. Also
send copy of resolutions and notice to those making inquiries over the phone.
(Keep record of such inquiries on the yellow check -out sheet).
Be sure to have anyone picking up the official forms sin their name, address and
telephone number on the check -out sheet, check that the $10 was received, make
receipt for $10 out in triplicate - original to them, one copy for us and one for
Lee Macdonald. (Name and address are requested in case we want to send
additional information to all those taking out official forms)
An auction will be held at next Council meeting following bid opening, November 27,
1972. The first oral bid must exceed the highest sealed bid by $5, 000. 00, and
additional oral bids must be in multiples of $1, 000. Only those persons who have
submitted a qualified sealed bid accompanied by deposit as required may make
oral bids. The deposit of the successful bidder shall be applied to purchase price,
all other deposits shall be returned to the bidders.
ABSOLUTELY NO PERSONAL CHECKS FOR THE 10% AMOUNT OF BID.
3
OFFICIAL BIDDERS PROPOSAL FORMS ISSUED
SIGN HERE
Date
iInitl '
Name and Address
Phone
10 fee
Rec' d
Picked up
at Counter
Mailed
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5�H.P.R5 COPY
BANK OF NEWPORT jsrl % »_.
V"er at 16th beww IssA
Beach G 91660 Escrow
scrow. nsrruciiom — Buyer and Seller oHfear 11_31
Tan ISCIOM WAITIMM, rim
atrro
I. Prior to ------------ rlbr=v'y...2.------------- ----------------------- __ ............ 19.23._ 1 Paid outride of Escrow S...... .........
_:__....
2. 1 will hand you S ---- I-as 900. 0 ---- ` -------- .................. ..... ......... _ ... ...... :... —,. Cash through escrow ........... — ---- ----
— ' :°�8 .6ti._.. —.
l . ............._.._..........._..------...._._......._----- ._:.__...._ ..._...._---------------- - -...- —. Eacumbrances of Record ................. ...........-- °.--....,...........
._...._....
4 . ............... - ............ .............. __....._-- - - - -__ ------------ .._.._----- - - - - -- .._.------ - - - - -- ------ ........... ------ .-------- _ -------- — -------------------------- --- ..... ------
..- :_.._..... ........
..........
3 . .................._. .............. _ ..... ._..-.._..._......_......._ ------- __.._...� --------- ...... ___ New Encumbrances ... ....._...__.._....._....... ------ ....._._.___
6. _ .:.:.......................:_..._.. ..._.—_...._.._..— .._._._ - --- --- .._...._._:_._._........._ --_ .------ ..... .___...... ._.._..._...,. .._..- ----_......_.'---_......_
TOTAL CONSIDERATION
S. and any additional funds and instruments neceuary on my part to amble you to comply with these instructions, all of which You are authorized m
9. use and/or deliver. Provided on or before the date set forth on Line I above. w qualified by the provisions at the top of Page 2 hereof: you bold
10. the money and doct mafs. if any. deliverable to me under these Instructions, and instruments have been filed for record entitling You to Procure
11. in connection with Property commonly known W.]gnIvirzovea.vamperty..At -B ithardL.+a1tTn9L -. & -. 1.tG>L- .s4Eat 11+ 11�
12. Coverage Form (Owner's or Joint Protection) policy of title inmrsna in the issuing
II. Title Company's Usual form with its liability for, L" 10WAM ...................... __...................... (the amount of total consideration) with respect to
14. real Property in the City of -augi ingtcn -BaaGh County of - a...................................... _ Sure of California. anddcplly described as:'
I5. per ...1"a1... pt4ca.. oLtaCl .- here: a - -. gild -- Yet__ i-.P ar t_ haAOr .... _
That portion o£:the..north half of+the. northwest quarter of the southeast
quarter of Section 18,; Township .6 South, Range 10 Lest, in the Rancho Las
Bolsas, City of Huntington Beach, County of Orange, State of California'
as per map recorded in:Book 51, page 14 of Miscellaneous. Maps, in the Of-
fice of the County Recorder. of said County, described as follows:
Beginning at the intersection of the west line of said northwest quarter
with the westerly prolongation of the north line of the land conveyed by
H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923
in book 481, page '276 of.Deeds of said Orange County; thence east ,495.00
feet along said prolongation and said north line to the northeast corner
of said land; thence south 440.00 feet along the east line of said land.°
to the south line of said north half of the northwest quarter of the south-
east quarter; thence west 495.00 feet along said south line to the west
line of said northwest quarter; thence north 440.00 feet along said 'T.e
lire to the nn int of beainnina_
Except from that portion thereof'lying
feet, that portion included -within the
as said road existed on March 13, 1922.
northerly of the southerly 165.00
County road adjacent on the west,
ANY Pp(tILICY OF TITLE INSURANCE CALLED FOR UNDER THESE INSTRUCTIONS MAY BE ISSUED FOR THE BENEFIT OF ALL
PARTIES IN INTEREST AND MAY BE PROCURED FROM ANY TITLE COMPANY OPERATING IN THE COUNTY WHERE THE PROP-
ERTY IS LOCATED AND WILL BE SUBJECT TO EXCEPITONS AND CONDITIONS CONTAINED IN SUCH COMPANY'S REGULAR
PRINTED FORM. INCLUDING BUT NOT LIMITED TO AN EXCEPTION THAT SAID POLICY WILL NOT INSURE AGAINST LOSS BY
REASON OF THE RESERVATION OR EXCEPTION OF ANY WATER RIGHTS. CLAIMS. OR TITLE TO WATER.
ESC-t02
BANK OF NEWPORT
Hover at 16th
Smarr 2%
b !!,rAA)=t 8"Ch Ca 92660 bcraw 14,44
E I"J"ctions — Buyer and Seller 1"rew
Tm RIMW DMAUAdIn. rim
1. Prior to ............ Pshmary .. 22- ................_... ......_......_................1 19.2.1 ... FP.d t-
o.d. at E:m- $
Esc-toz
LIED FOR THE BENEFIT OF ALL
THE' COUNTY WHERE THE PROP.
SUCH COMPANY'S REGULAR
NOT INSURE AGAINST LOSS BY
TO WATER.
'70. If tlse omAiliooa Of lhu eerove have Dot been complied with prior to the date aft allt on L. 1, or any extension thereof. you are nevertheleag
71. to complete the gcrow as soon as the condition. except u to ImtC have been complied with. unless written demand &hall . have been made upon you
72. not to complete 0. EAW psisteipal htnunder claiming to exercise right of cattcellalion of this escrow shall file notice and .demand for cancellation
73. with your office. to writing. in duplicate. You shell promptly mail one copy of such writing to the other principal at his address stated herein. Unless
74. written objection thereto shall be filed in your office by such other principal within five days. exclusive of Sundays and legal holidays.. thereafter you
75. are authorized to comply with such notice and demand upon payment of your cancellation charges. In the event that such written objection shall he
76. filed. you are authorized, but not obligated. to hold all money sod instruments in this escrow pending agreement of the principals or order or s court
77. of competent jurisdiction . ...................... ..................... ............... ........ _. ...... ........ .... ........ ._..... ....................................... ..----------------------- ._...----.__..:_.-------.__-
78. Adjust interest on encumbrances of record to ................... NORl..........._....... ....... ................................................... ..,........._
----- _... ..... _...._ --- .._.......----
79. Adjust interest on new encumbrances by endorsements on note to ............. ............................. ..................... - _ ......... ..... ............. _ ----- -----------
$0. Prorate taxes. baud on latest tax figures in your possession. including all items appearing on tax bill except taxes on personal property not con,
81. veyed through this escrow. 41M.... .... ......... ..... ......_._ -...._ to ..s7BmAm ...,22, ... .I.M ......... .....------------- ---
82. Prorate rentals on basis of statemenr furnished by seller and approved by buyer to ........ 101H ....................... _ ............................. .......... but make no
83. adjustment against buyer for uncollecled rentals. You are to consider on basis of said rent statement that seller will collect all rents which fall
84. due prim to the close of this escrow, unless he instructs you in writing to the contrary.
85. Accept for buyer such insurance policies as are submitted. or that Beneficiary informs you he holds. on buildings situated either on property
8& described above or on premises known es .............. ----- ....... . ---- ----- ....... _ ........ . ---- .. --- - ------------------ -------------------------------------- and prorate premiums
87, thereon from- ........ .1101114111----- . ........ ._. Seller guarantees that the premium on any insurance policy .which he hands you or caws to be handed
you in this escrow or which beneficary(in) informs you he holds. has been paid in full and that said policy halt not been hypothecated.
NO NOTICE. DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN
WRITING BY ALL PARTIES AFFECTED THEREBY Should you. before or after the close of this escrow. receive or become aware of any colliding
demands or claims with respect to this escrow or the rights of any of the parties hereto. or any money or property deposited herein or affected hereby.
you shall have the absolute right at your elation to discontinue any or all further acts on your pan until such conflict is resolved to your satisfaction. and
you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. All panda hereto. jointly and
severally. agree to pay on demand. as well as to indemnify and hold you harmless from and against all costs. damage. judgments. obligations. liabilities
and expenses of any kind or nature. including reasonable attorneys fees, and including, but without limiting the generality of the foregoing. a. suit in inter-
pleader brought by you. which. in good faith, you may incur or sustain in connection with or arising out of this escrow. and you are hereby given a lien
upon all of the rights, lilies and interests of each of the undersigned in all escrowed papers and other properties and moneys deposited in this escrow to
.protect your rights and to indemnify and reimburse you under this agreement. In the event you file a suit in interpleader. you shall ipso facto be fully rmleased
and discharged from all obligations funher to perform any and all duties or obligations imposed upon you in this escrow.
You shall be under tic obligation or liability for failure to inform either party regarding any sale. loan. exchange or other transaction. or facts within
your knowledge. even though same concern the property described herein, provided they do not prevent your compliance with these Instruction. nor shall
you be liable for the sufficiency or correctness es to form. manner of execution: or validity of any instrument deposited in this escrow, nor as m the
identity. authority or rights of any person executing the same. Your hatiity as escrow holder shall be confined to the things specifically provided for in
the written instruction in this escrow.
Seiler agrees to pay. outside of escrow, and before delinquency. all taxes on personal and /or real property not conveyed through this escrow, which
appear a lien on above - described property. and you are not to be concerned therewith.
No march of chattels is required for the sale or transfer of personal property through this escrow. unless such search is requested by Buyer in writing.
Buyer agrees to pay on demand all prorsta adjustments chargeable to him: charges for recording deed: charge for mongagm clause on insurance.
if any: charges for notarial acknowledgments. filling in and recording any and all documents necessary on his part to complete this escrow: Title Company's
charge. if my; for showing tide vested in him; and Buyers escrow fee as charged.
Make all adjustments and /or proration on basis of a 70-day month. "Clow of Escrow" shall mean the day papers are filed for record. Make
disbursements by your check. Mail all papers. checks and /or documents by ordinary first -class mail to the parties entitled thereto to the addresses fur-
nished or as at out below. unless notified in writing to the contrary. Mail file policy to holder of existing encumbrance. provided there is to be a sub-
stitution of liability: otherwise to the holder of the prior encumbrance recorded concurrently with documents herein: but if there is no such encumbrance.
than to the buyer. Msil fire and other insurance policies and water .stock certificates, where specified. to holder of tint encumbrance, if any: but if there
is no such .encumbrance. then to the buyer.
Thew intruotions may be executed in counterpane. each of which so executed shall, irrespective of the date of is execution and delivery. be
deemed an original. and said counterparts together shall constitute one and the same instrument.
Any amended. supplemental. or additional instructions given shall be subject to the foregoing condition.
THE FOREGOING TERMS,. CONDITIONS. PROVISIONS AND INSTRUCTIONS HAVE BEEN READ AND ARE UNDERSTOOD AND
AGREED TO BY EACH OF THE UNDERSIGNED. I J
�t ..... kdlA....... "� - «_ Malang 430 or 962 8983)
............. a- - aa..o.. a .......... _. _ J... ........__........._.._........ ................ ..._.. -... _... ...................
Signamr s�,.. / / Address Telephone
�..�.� '� .. �7. '.� ... ......:.. .....:... .. .. .. . ... ..
?rgnarura , -''� ,. Andres - Telephone ����
J 29 73
SELLER .. ... .. ..19 ...
88. 1 HEREBY APPROVE AND *TREE. TO BE BOUND BY THE FOREGOING INSTRUCTIONS AND PROVISIONS.
89. PRIOR to the date set i on Line I herein. I will hand you all . instruments and funds necessary for me to comply therewith. including a
90. good coal sufficient Decd /. ssjgnmem of Lease covering the property described. executed by ... t^ -ii.. ....... - .............
................
91. _- ....... ..................... .. ............._............. -. -. .. ... ..... -......... _....... ....... ........ _ .................. ............... : ............. :._ .... ............
.........._...._........_. ..
92. :which you are authorized to'uw and /or deliver. provided you hold in this escrow for the account of the parties executing said Deed /Assignment
93. of Lease. the money and instruments deliverable to me under thew instructions. When property bFing conveyed is held in Joint Tenancy. any cash
94. derived therefrom Ili this escrow shall be Joint Tenancy funds.
95. Pay any encumbrances necessary to place title in the condition called for under thew instructions, my portion of prorala adjustments and the following:
96. .................. .._
................ ....................... ....................... -... ......... ..................... :......... ............. _: .............. - ............................. ............................. .._..................
..
97. After the close of this escrow. pay Commission of S . --81=1 ................... to .......: ........................ . --- ... .... .................. _,............ - ............ ............
_..........
98. 'Broker's License .. _. .....). whom address is: ....................... ,............. _ ............. ........ :........ ................. ............. ...................... ....--------- ............ ........
..........
99, ............................................ _............_ :... ..........._, _............
MDO. - -00 ttlatS!...tA. CZM. :ai' 11th.. glt _:YO OR�s_..Nll�tfi.._IiT to be1..,.atr... o... ._IS ..
101 - ....L f) fd/Q =fps EftJt1�1._tltli inlA. Nt7Y"OM aglp1S�N��,.to_b!_ 1�. :•.. jt 9- b11iY?K.. �.D.0.1 diA�..iu4 .
102. dOCitht/ + MQ3IOM �N.. ...
... .._ ... .........
103. ... . . ....... ................ ....... ........ .._... ..............
107. Instruct the title company to begin .search of title at once.
105. You will. as my agent. assign any fire and other insurance of mine handed You for use in this escrow. or that Beneficiaries inform you they hold.
0106. Regardless of the consummation of this escrow. 1 agree to pay on demand charges and expenses incurred by you for me, including charges for title
107. insurance, for sending in offset statements and beneficiaries' statements and /or demands. cost of notarial acknowledgments. filling in and recording any
108. document necessary on my part, including U.S.I.R. Stamps in the amount. of S ... 1$2..9Q....- to be affixed to my deed. transfer of fire insur-
109. ance if prorated, and Seller's escrow fee as charged.
110. Issue your check for balance in favor of ._ ....... . _ .................._................ ................................................................
Ill. and mail to .. aty... Ot.. i�11VCY, .t...�Aiif$ha_,�L1f.A....Dag!17 :..Q : : :rAlt►ll.a....31.. N v"Irt _ .V...,....V9!!P.ore..1401 0
112. .............. .... --- .......... ...... .......... ...... .....................
9266 1
.........(DtBftlis OaM�l1 673 21
Telephone
Telephone
CITY ATTORNEY
CM CLERK
cm cLux
January 24, 1973
GRANT DEEP CONVEYING THE HU6FiAMMAMILTON CITY -0WNED PROPERTY
TO FRANK AYRES & SON
Enclosed is the executed original and one copy of subject Deed
for transmitting, to the escrow officer and for recoriing with
the County. :lease send the recording information to us as
soon as it is available.
Laura Lagios
City Clerk-
LL: swk
enc.
F
�oTe
=0
\ddren
Cir) 6
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F_
Name
s!r »r
A_d,e..
C', A
5)al.
RECORDING REQUESTED BY
♦N'J WXEN R °CJROEO MAIL TO
"Ali T41 it.)Ii'MENii iJ
0
■1
l I
SPACE ABOVE THIS LINE FOR RECORDER'S USE
D.T.T. 5
TO :OS CA, (9 -")
I Corporation Grant Deed I
THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR `1 VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CITY OF NEWPORT BEACH,
a corporation organized under the laws of the state of California
Hereby GRANTS to
the following described real property in the City of Huntington Beach,
County of Orange , State of California:
That portion of the north half of the northwest quarter of the southeast
quarter of Section 18, Township 6 South, Range 10 West, in the Rancho Las
Bolsas, City of Huntington Beach, County of Orange, State of California-,
as per map recorded in Book 51, page 14 of Miscellaneous Maps, in the of-
fice of the County Recorder of said County, described as follows:
Beginning at the intersection of the west line of said northwest quarter
with the westerly prolongation of the north line of the land conveyed by
H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923
in book 481, page 276 of Deeds of said Orange County; thence east 495.00
feet along said prolongation and said north line to the northeast corner
of said land; thence south 440.00 feet along the east line of said land.
to the south line of said north half of the northwest quarter of the soul
east quarter; thence west 495.00 feet along said south line to the west
line of said northwest quarter; thence north 440.00 feet along said west
line to the point of beginning.
Excent from that portion thereof lying northerly of the southerly 1.65.00
feet, that portion included within the County road adjacent on the west,
as said .road existed on March 1.3, 1922.
thrraanto hula authorized_
il:rtcll: _ Jan uary 23 1973
n January 24 1973i),dT r r hr un ler
a Nor )rr I nLl n sd and fin' _ Fttr. pu ,rally epiwa,ed'
Donald A. M_Lnnis
I -
"l aura Lagr
CtY Yk C1e ..,
_... ....,x _r.
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:hm lw,nimem. RnnNn In inv o, h-' Ili, pPt'aun:. R!In ne'a'p b'd the
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CITY OF NEWPOPPr, BEACH _
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CITY CLERK
January 23, 1973
City Attorney
City Clerk
Property at Bushard Street and Hamilton Avenue, Huntington
Beach.
Attached is check for $13, 100.00 which accompanied the bid of Frank H.
Ayres & Son for subject property. Will you please deposit it with the
Bank of Newport when you open the escrow.
City Clerk
LL:dg
Att.
cc: City Manager
0 0
FRANK H. AYRES & SON
LAND DEVELOPERS SINCE 1905
20951 BROOKHURST STREET
HUNTINGTON BEACH. CALIFORNIA
(714) 952 -5583 5404200
January 10, 1973
City of Newport Beach
City Clerk
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
MAILING ADDRESS
POST OFFICE BOX A
HUNTINGTON BEACH. CALIFORNIA 92848
Enclosed is our sealed bid on the property at Bushard and Hamilton,
with our Cashiers Check in the amount of ten percent (10 %) of the
bid ($13,100,00).
Sincerely y4 rs,
Z ,Deyoung y
j!
Vice President
U-179 We
CITY OF NEWPORT BEACH
SURPLUS REAL PROPERTY
BUSHARD STREET AND HAMILTON AVENUE
HUNTINGTON BEACH, CALIFORNIA
PROPOSAL TO PURCHASE
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
The undersigned declares that he has inspected the location of the surplus property;
has carefully read City Council Resolution No. 7881 declaring the property to be
surplus, authorizing its sale, and setting out the procedures for its sale; has care-
fully examined the preliminary title report from Title Insurance and Trust Company
and the Evans, Goffman and McCormick soils report; and has consulted with the City
of Huntington Beach concerning applicable land use regulations for the property.
The undersigned hereby proposes to purchase said real property and do all things
necessary to complete the purchase if he is the successful bidder in complete accor-
dance with the terms of Resolution 7881 and will make full payment therefor within
thirty (30) days after the award of the bid.
The undersigned further declares that his offer is unconditional and without excep-
tion; that it is not conditioned upon the approval of any proposed development by
the City of Huntington Beach; and that he will pay all recording costs and closing
costs associated with purchase of the property.
Accompanying this proposal is a cashier's check, certified check, or cash deposit
equal to ten percent (10%) of the bid price as a guarantee that if the proposal is
accepted, the undersigned will complete the purchase transaction as provided in
Resolution 7881. The undersigned is aware that failure of the successful bidder.
to complete the purchase as required shall result in forfeiture of the deposit to
the City.
TOTAL BID PRICE
WRITTEN IN WORDS - WRITTEN IN NUMBERS -
ONE HUNDRED THIRTY -ONE THOUSANDDollars
and
NO---------- - - - - -- -Cents
FRANK H. AYRES & SON
Bidders Name Mailin • P.O. Drawer A
20951 Brookhurst Street
Huntington Beach, Ca
S Address
(714) 540 4200
Telephone Number
PFB:ep
11/30/72 (Revised)
$ 131,000.00
i yea Signature
r De Young, Vice
November 10, 1973
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E
RESOLUTION NO. 7909
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH DETERMINING THE
HIGHEST BID AND AUTHORIZING EXECUTION
OF A GRANT DEED CONVEYING PROPERTY LOCATED
AT BUSHARD STREET AND HAMILTON AVENUE TO
THE HIGHEST BIDDER
WHEREAS, by Resolution No. 7832 dated October 10,
1972, the City Council of the City of Newport Beach declared
certain real property located at the intersection of Bushard
Street and Hamilton Avenue, in the City of Huntington Beach,
legally described as follows, to be surplus, authorized its
sale and set out the procedure for its sale:
That portion of the north half of the northwest
quarter of the southeast quarter of Section 18, Town-
ship 6 South, Range 10 West, in the Rancho Las Bolsas,
City of Huntington Beach, County of Orange, State of
California, as per map recorded in Book 51, page 14
of Miscellaneous Maps, in the Office of the County
Recorder of said County, described as follows:
BEGINNING at the intersection of the west line
of said northwest quarter with the westerly prolonga-
tion of the north line of the land conveyed by H. D.
Meyer to the City of Newport Beach by deed recorded
August 7, 1923 in book 481, page 276 of Deeds of said
Orange County; thence east 495.00 feet along said
prolongation and said north line to the northeast
corner of said land; thence south 440.00 feet along
the east line of said land to the south line of said
north half of the northwest quarter of the southeast
quarter; thence west 495.00 feet along said south line
to the west line of said northwest quarter; thence
north 440.00 feet along said west line to the point of
beginning.
Except from that portion thereof lying northerly
of the southerly 165.00 feet, that portion included
within the County road adjacent on the west, as said
road existed on March 13, 1922.
Said land is shown on a map filed in Book 7,
page 37 of Record of Surveys, in the office of the
County Recorder of said County;
WHEREAS, on November 27, 1972, the City Council adopted
Resolution No. 7881 rejecting all bid proposals for the Bushard
and Hamilton property, Huntington Beach, authorizing rebidding,
and setting out the procedure for its sale; and
WHEREAS, on January 12, 1973, bids to purchase said
property were received and opened by the City Clerk and a
-1-
public auction was conducted by the City Manager; and
WHEREAS, after holding a public hearing at which all
bids and the results of the public auction were considered,
the City Council has determined that the highest bid therefor
has been submitted by Frank H. Ayres and Son in
the amount of $139,000 1 , and that said sum is fair and
acceptable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk are
hereby authorized to execute a grant deed on behalf of the City
of Newport Beach, conveying said property to Frank H. Ayres
and Son , in accordance with the terms and conditions set
forth in said Resolution No. 7881.
ADOPTED this 22nd day of January , 1973.
ATTEST:
City Clerk
Mayor
-2-
DON dm
1/17/73
RESOLUTION NO. 7909
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH DETERMINING THE
HIGHEST BID AND AUTHORIZING EXECUTION
OF A GRANT DEED CONVEYING PROPERTY LOCATED
AT BUSHARD STREET AND HAMILTON AVENUE TO
THE HIGHEST BIDDER
WHEREAS, by Resolution No. 7832 dated October 10,
1972, the City Council of the City of Newport Beach declared
certain real property located at the intersection of Bushard
Street and Hamilton Avenue, in the City of Huntington Beach,
legally described as follows, to be surplus, authorized its
sale and set out the procedure for its sales
That portion of the north half of the northwest
quarter of the southeast quarter of Section 18, Town-
ship 6 South, Range 10 West, in the Rancho Las Bolsas,
City of Huntington Beach, County of Orange, State of
California, as per map recorded in Book 51, page 14
of Miscellaneous Maps,:,in the Office of the County
Recorder of said County, described as follows:
BEGINNING at the intersection of the west line
of said northwest quarter with the westerly prolonga-
tion of the north line of the land conveyed by H. D.
Meyer to the City of Newport Beach by deed recorded
August 7, 1923 in book 481, page 276 of Deeds of said
Orange County; thence east 495.00 feet along said
prolongation and said north line to the northeast
corner of said land;. thence south 440.00 feet along
the east line of said land to the south line of said
north half of the northwest quarter of the southeast
quarter; thence west 495.00 feet along said south line
to the west line of said northwest quarter; thence
north 440.00 feet along said west line to the point of
beginning.
Except from that portion thereof lying northerly
of the southerly 165.00 feet, that portion included
within the County road adjacent on the writ, as said
road existed on March 13, 1922.
Said land is shown on a map filed in Book 7,
page 37 of Record of Surveys, in the office of the
County Recorder of said County;
WHEREAS, on November 27, 1972, the City Council adopted
Resolution No. 7881 rejecting all bid proposals for the Bushard
and Hamilton property, Huntington Beach, authorizing rebidding,
and setting out the procedure for its sale; and
WHEREAS, on January 12, 1973, bids to purchase said
property were received and opened by the City Clerk and a
-1-
public auction was conducted by the City Manager; and
WHEREAS, after holding a public hearing at which all
bids and the results of the public auction were considered,
the City Council has determined that the highest bid therefor
has been submitted by Frank H. Ayres and Son in
the amount of $139,000 and that said sum is fair and
acceptable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk are
hereby authorized to execute a grant deed on behalf of the City
of Newport Beach, conveying said property to Frank H. &aMs
and Son , in accordance with the terms and conditions set
forth in said Resolution No. 7881.
ADOPTED this 22nd day of January , 1973.
ATTEST:
City Clerk
-2-
Mayor
DON dm
1/17/73
P
RESOLLr',.OJ No. 7
A RESOLUTION OF THE CITY COUTTI _ OF THE CITY
OF NEWPORT BENCH DECLARING ITS :_;^ELATION TO
DEI''OSIT THE PROCEEDS FROM THE z!LE 0 THE
BUSHARD AND I-3AMILTON PROPERTY _ TC 7FE CAPITAL
I'MPROVEMENT FUND
WHEREAS, the City of Newport Beacn _ -__ses tc sell
certain surplus real property located at the int=.-= _st__n of
uushard and Hamilton Streets in the City of Hunting_ =each; and
WHEREAS, said property was acquired by the C_._y some
time in the early 1900s and there is no record of the source of
the purchase revenues; and
WHEREAS, the property taxes on said property have been
paid out of the Water Fund; and
WHEREAS, certain funds were advanced from the Unappro-
priated Contingency Reserve Fund for the purpose of obtaining a
quitclaim deed to an oil and gas lease located on said property;
and
WHEREAS, the City Council has adopted a policy to place
proceeds from the sale of City property into the Capital Improvement
Fund; and
WHEREAS, because the source of the revenue to purchase the
subject property is uncertain, the City Council believes that it
would be in the best interests of the community to deposit said
proceeds into the Capital Improvement Fund after appropriate reim-
bursements to the Water Fund for previously paid property taxes and
to the Unappropriated Contingency Reserve Fund for the cuitclaim
deed of the oil and gas lease;
NOW, THEREFORE, BE IT RESOLVED that the Cloy = ouncil of
the City of Newport Beach hereby declares its inten_ion =o deposit
the proceeds from the sale of the Bushard and Ha,.. -_. =_reets
property into the Capital Improvement Fund, less z -._.nt
no
necessary to reimburse the Water Fund _o° previously paid real
property taxes, and to reimburse the Unappropriated Contingency
::serve Fund for the purchase of the c_= and gas lease on the
p operty.
ATTEST:
ty C
ADOPTED this 22nd _ day o-- ,: _ _cy 19 73.
DON d%
1/17%73
CITY OF NEWPORT BEACH
JAN u OFFICE OF THE CITY MANAGER
� 197
By the CITY COUNCIL
January 17, 1973
CITY 00 [M!"Op'" A6ACH
TO: MAYOR AND CITY COUNCIL
COUNCIL AGENDA
ITEM B -1
FROM: City Manager
SUBJECT: SALE OF 4.7 ACRE SURPLUS CITY PROPERTY IN HUNTINGTON BEACH
RECOMMENDATION:
If desired, adopt (1) Resolution No. determing the highest
bid and authorizing execution of a grant deed conveying property located at
Bushard Street and Hamilton Avenues to the highest bidder; and (2)
Resolution No. declaring intention to deposit the proceeds from the
sale into the Capital Improvement Fund.
DTSCIISSTnN
The City of Newport Beach owns in fee a 4.7 acre parcel of "R -1"
real property in the City of Huntington Beach on the east side of Bushard
Street, 170 feet southerly of Hamilton Avenue. The parcel has been declared
surplus by Council resolution.
By action of Resolution No. 7832 the City Council first offered
the property for sale on October 10, 1972. On November 17, 1972, the City
Clerk opened only one bid for the property from Shapell Industries, Inc.
for the minimum price of $130,000.00. Upon staff recommendation, by action
of Resolution No. 7881, the one bid was rejected and the property was re-
advertised.
New Bid Results. On January 12, 1973, the City Clerk opened three bids for
the read dvertised sale (minimum permissable bid - $130,000.00):
Bidder Amount Bid
R. K. Elliot $134,000.00
Construction & Development Co.
930 South Newhope Street
Santa Ana 92704
Frank H. Ayres and Son $131,000.00
20951 Brookhurst Street
Huntington Beach 92646
Page -2-
Shapell Industries, Inc. $130,000.00
8383 Wilshire Blvd.
Suite 700
Beverly Hills 90211
Auction Procedures. Sections 10 and 11 of Resolution No. 7881 provide
in part as fo lows:
"S'ECTION 10. Public Auction. At the regular City Council
meeting of Mon ayay, J�2, 1973, at 7:30 P.M., the City
Clerk shall announce the amount of the highest . sealed bid
received and the name of the bidder, and the City Manager
shall then call for oral bids. To be considered, the first
oral bid must exceed the highest sealed bid by $5,000.00.
Additional oral bids must be in multiples of $1,000.00 to be
acceptable. To be qualified to participate in the public
auction, a bidder must have submitted a valid sealed bid,
together with the necessary deposit.
"SECTION 11. Sale "Award. Upon receiving the highest bid
obtainable from a— qualified bidder, the City Manager shall
declare the amount of the highest bid and the name of the
bidder. The City Council may then determine whether it
wishes to accept or reject the high bid, or the Council may
continue the sale until its next regular meeting."
In order for an auction to take place during Monday night's
Council meeting, either the Shapell or Ayres company must submit an oral
bid of $139,000.00. Additional oral bids must be in multiples of $1,000.00
to be acceptable.
The bidder to whom the property is sold must make full payment
therefor to the City within thirty (30) days after the City Council approves
the sale. The buyer will pay for all recording costs and real property
transfer taxes and the City assumes no responsiblity to pay real estate
commissions, recording fees, deed transfer fees, escrow fees or cost of
policy of title insurance.
Distribution of Sale Proceeds. City Council Policy Manual Statement F -8,
unanimously reaffirmed on February 14, 1972, provides in part that,
"Revenues from the sale of City property or the sale of material from City
property will be placed in the Capital Improvement Fund." The agenda
resolution provides for deposit of the sale proceeds into the Capital
Page -3-
Improvement Fund after appropriate reimbursements to the Water Fund for
previously paid property taxes and the Unappropriated Contingency Reserve
Fund for the quit claim deed of the oil and gas lease that previously
encumbered the property.
CONCLUSION:
The property has now been offered for sale on two separate
occasions and has been given wide advertising exposure. As a result of
rejecting the one original bid, the -price offered in the second bidding
series has been increased $4,000.00. Approval of the sale by the City
Council is recommended even if the sealed bid price is not raised by
public auction.
RLW /PFB:cs
aW�^
ROBERT L. WYNN
Lai
RESOLUTION NO. 7881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REJECTING ALL BID PROPOSALS
FOR THE BUSHARD AND HAMILTON PROPERTY, HUNTING-
TON BEACH, AUTHORIZING REBIDDING, AND SETTING
OUT THE PROCEDURE FOR ITS SALE
WHEREAS, on October 10, 1972, the City Council of
the City of Newport Beach adopted Resolution No. 7832, de-
claring certain real property to be surplus, authorizing its
sale and setting out the procedure for its sale; and
WHEREAS, the sealed bids were opened and publicly
announced in the office of the City Clerk at 10:00 A.M.
Friday, November 17, 1972; and
WHEREAS, only one bid, in the amount of $130,000.00,
was submitted for the purchase of the property; and
WHEREAS, pursuant to Sections 11 and 18 of Resolution
No. 7832, the City Council has determined that it would be in
the best interest of the City to reject the one bid and offer
to resell the property under the following terms, procedures,
and conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council
of the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES
AND ORDERS THAT:
SECTION 1. Size - Location. The subject property
comprises 4.7 gross acres (more or less) of land located on the
east side of Bushard Street, 170 feet (more or less) south of
Hamilton Avenue in the City of Huntington Beach, California. The
dimensions of the property to the Bushard Street centerline are
495 feet east -west by 440 feet north - south. Said property is
shown on the map dated December 16, 1971, designated Drawing
No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part
hereof by this reference.
SECTION 2. Surplus Property - Legal Description. The
property as hereinafter described is surplus, and there is no
-1-
present or prospective need for same;
That portion of the north half of the northwest
quarter of the southeast quarter of Section 18, Township
6 South, Range 10 West, in the Rancho Las Bolsas, City
of Huntington Beach, County of Orange, State of California,
as per may recorded in Book 51, page 14 of Miscellaneous
Maps, in the Office of the County Recorder of said County,
described as follows:
BEGINNING at the intersection of the west line of
said northwest quarter with the westerly prolongation
of the north line of the land conveyed by H. D. Meyer
to the City of Newport Beach by deed recorded August 7,
1923 in book 481, page 276 of Deeds of said Orange County;
thence east 495.00 feet along said prolongation and said
north line to the northeast corner of said land; thence
south 440.00 feet along the east line of said land to the
south line of said north half of the northwest quarter of
the southeast quarter; thence west 495.00 feet along said
south line to the west line of said northwest quarter;
thence north 440.00 feet along said west line to the
point of beginning.
Except from that portion thereof lying northerly of
the southerly 165.00 feet, that portion included within
the County road adjacent on the west, as said road existed
on March 13, 1922.
Said land is shown on a map filed in Book 7, page 37
of Records of Surveys, in the Office of the County Recorder
of said County.
SECTION 3. Statement of Title. Title Insurance and
Trust Company of Santa Ana, California reports that it is pre-
pared to issue, or cause to be issued, in the form of the
California Land Title Association Standard Coverage form of
Policy of Title Insurance, a policy of title insurance describing
the land and the estate or interest therein hereinafter set forth,
insuring against loss which may be sustained by reason of any
defect, lien or encumbrance not shown or referred to as an Excep-
tion therein not excluded from coverage pursuant to the printed
Schedules, Conditions and Stipulations of said policy form.
There are no known conditions that would measurably restrict
or limit the utility of subject land. A copy of said policy
form, marked Exhibit "B ", is attached hereto.
SECTION 4. Topography. The property is generally
flat and at an elevation of 6.72+ feet.
-2-
SECTION 5. Soils. Soils data on the property was
prepared by the firm of Evans, Goffman & McCormick of Santa Ana
as an aid to prospective bidders in establishing purchase price.
The work is that of the engineers, and the City makes no war-
ranty, either express or implied, relative to the soils conditions
and /or drainage characteristics of the subject parcel.
SECTION 6. Zoning. The subject property is presently
zoned R -1 (Single Family Residence District). The City of Newport
Beach makes no representations as to use and development standards
which may apply to the property. Such information must be ob-
tained from the City of Huntington Beach.
SECTION 7. Sealed Bids. Said property is hereby
offered for sale, and bids therefor are invited, beginning
Friday, December 1, 1972, under the procedure of sealed bidding
and public auction as hereinafter set forth. The minimum ac-
ceptable bid shall be $130,000.00. Each bid must be on an of-
ficial Bidders Proposal Form and submitted to the City of Newport
Beach, City Clerk, 3300 Newport Boulevard, Newport Beach,
California 92660, by 10:00 A.M., Friday, January 12, 1973.
All bids shall be in a sealed envelope clearly marked: "SEALED
BID PROPOSAL - BUSHARD AND HAMILTON PROPERTY - HUNTINGTON BEACH."
SECTION S. Deposit. Each bid must be unconditional
and without qualifications, and be accompanied by a deposit of
cash or a certified or Cashier's check payable to the City of
Newport Beach, equal to ten percent (10Y.) of the amount bid.
This deposit is to guarantee that if the City accepts the sealed
bid or an oral bid made at the auction (See Section 10) by a bidder,
said bidder will complete the purchase within thirty (30) days
in accordance with the bid that was accepted by the City and the
terms of this resolution.
If qualified sealed bids of equal amounts
are submitted, the one received first by the City Clerk shall be
considered the highest of such bids for all purposes. The
-3-
DON:sh
11/29/72
deposit of the successful bidder shall be applied to the purchase
price, and will not be deposited into escrow. Upon acceptance
of the successful bid by the City Council, all other deposits
shall be returned to the bidders. Failure of the successful
bidder to complete the purchase as above required shall result
in forfeiture of the deposit to the City.
SECTION 9. Opening Bids. The sealed bids shall be
opened and publicly announced in the Office of the City Clerk at
10:00 A.M., Friday, January 12, 1973.
SECTION 10. Public Auction. At the regular City Council
meeting of Monday, January 22, 1973, at 7:30 P.M., the City Clerk
shall announce the amount of the highest sealed bid received and
the name of the bidder, and the City Manager shall then call for
oral bids. To be considered, the first oral bid must exceed the
highest sealed bid by $5,000.00. Additional oral bids must be in
multiples of $1,000.00 to be acceptable. To be qualified to
participate in the public auction, a bidder must have submitted a
valid sealed bid, together with the necessary deposit.
In conducting the sale, the City Council may
waive informalities in bids and may by motion modify the terms of
this resolution as deemed necessary to obtain the highest price
for the property.
SECTION 11. Sale Award. Upon receiving the highest
bid obtainable from a qualified bidder, the City Manager shall
declare the amount of the highest bid and the name of the bidder.
The City Council may then determine whether it wishes to accept
or reject the high bid, or the Council may continue the sale until
its next regular meeting.
SECTION 12. Escrow - Terms. The bidder to whom the
property is sold must make full payment therefor to the City
DON:sh
11/29/72
within thirty (30) days after the City Council approves the sale.
Upon acceptance of the highest and best bid by the Newport Beach
City Council, the City shall open an escrow with the Bank of
Newport and forthwith deposit into said escrow a properly executed
Grant Deed conveying fee title to the property.
SECTION 13. Title Insurance. On notice from Title
Insurance and Trust Company that it is prepared to issue at Buyer's
expense a CLTA Standard Coverage Title Insurance Policy with
liability equal to the full purchase price showing title vested
in the highest bidder, subject only to the exceptions shown in
the preliminary title report, the bidder shall deposit into the
escrow the difference between the bid award price and his cash
or certified check bid deposit.
SECTION 14. Real Estate Commissions - Closing Costs.
The buyer shall pay for all recording costs and real property
transfer taxes within thirty (30) days after the date the City
Council approves the sale.
All bids will be on a NET NET NET basis,
and the City of Newport Beach assumes no responsibility to pay
real estate commissions, recording fees, deed transfer fees,
escrow fees or cost of Policy of Title Insurance; these costs
should be taken into consideration when submitting bids.
SECTION 15. Real Property Taxes. Although owned
by the City of Newport Beach, a municipal corporation, this property
is not exempt from real property taxes. Said taxes will be pro-
rated between buyer and seller to the date of opening of escrow.
SECTION 16. Inability to Convey. If the property
cannot legally be sold by the City, or the City is unable to
convey marketable fee title within a reasonable time after the
date of sale, the sale shall be void and deemed mutually can-
celled, and any price paid or deposit made by buyer shall be
refunded and no liability of the City shall exist or arise from
such cancellation.
-5-
SECTION 17. No Warranty. No warranty is made or
intended by any statement in this resolution or the notice of
sale, or otherwise, with respect to location, size, zone or
utility or interest therein which is sold or offered for sale.
SECTION 18. Withdrawal from Sale. The City Council
reserves the right to reject any and all bids.
SECTION 19. Notice of Sale - Publication. The
City Clerk shall prepare a notice of sale setting out the ad-
dress or location, description, zone and approximate size of
the property being offered for sale, the date, place and time
the bids will be received and opened and the fact that additional
information may be obtained from the City Clerk's office. The
notice shall be published once in the official newspaper of the
City, and copies of the notice and resolution shall be made
available for inspection in the City Clerk's office.
SECTION 20. Official Bidders Proposal Form. All
bids must be submitted on an official Bidders Proposal Form avail-
able for purchase in the City Clerk's office for $10.00. Facsimile_
copies of the official form are not acceptable.
ADOPTED this 27th day of November , 1972.
ATTEST:
CLfG��
City Clerk
/•l��'f -GOPG� Lf•
Mayor
DON dm
11/20/72
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CITY OF NEWPORT REACH DRAWN�4XTf -r DATE /4mIC.7/ _
PUBLIC WORKS DEPARTMENT APPROVE
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AT BC/S/HARD AND HAMILTON
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CITY OF NEWPORT REACH DRAWN�4XTf -r DATE /4mIC.7/ _
PUBLIC WORKS DEPARTMENT APPROVE
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AT BC/S/HARD AND HAMILTON
//V /•!!/NT//VGTO/V BE.4CN DRAWIND NO.
F__ __. _ _., .
CONDITIONS AND STIPULATIONS. (Continued and Concluded From Reverse Side of Policy Face)
the full 'amount of this policy. together
wah all rusts. attorneys fees and expenses
N'.ueh the Company is obligated hereunder
w pay. shall terminate all liability of the
('on:pany hereunder. In the event. after
notice of claim has been given to the Cam -
p:my by the Insured. the Company offers
I., purchase said indebtedness, the owner of
such indehtedness shall transfer and assign
,aid indebtedness and the mortgage securing
the same to the Company upon payment of
the purchase price.
7. PAYMENT OF LOSS
(a)'. The liability of the Company under
this paliry shall in no case (:teed. in all.
Ilia aetoal loss of the Insured and costs and
attorneys fees which the Company may be
iobligare:I hereunder to pay.
(h) The Company will pay in addition
to any loss insured against by this policy,
.III ousts imposed upon the Insured in liti:
gction carried no by the Company fat the
Insured, and all crisis and attnrneys' fees in
litigatinn carried on by the Insured with
the written authorization of the Company
(c) No claim for damages shall arise of
he maintainable under this policy (I) if
the Company, after having received notice
of an alleged defect, lien or encumhrance
not excepted nt excluded herein removes
ouch defect, lien of encumbrane within a
reasonable time after receipt of such notice.
at (2) for liability voluntarily assumed by
the Insured in settling any claim of suit
without written consent of the Company.
of (3) in the event the title is rejected as
unmarketable because of a defect, lien nr
encumbrance not excepted at excluded in
this policy, until there has been a final
determination by a coup of competent jutis
dictinn sustaining such rejection.
(d:) All payments under this policy, ex
iept payments made for crisis, attorneys'
fees and expenses, shall reduce the amount
of the insurance pro Canto and no payment
shall he made withnut producing this policy
for Indorsement of such payment unless
the policy be lost or destroyed, in which
case proof of such Inss or destruction shall
he furnished to the satisfaction of the Cam -
pany; provided, however, if the owner of
an indebtedness secured by a mortgage
shown in Schedule B is an Insured herein
then such payments shall not reduce pro
tanfn the amount of the insurance afforded
hereunder as to such Insured, except to the
extent that such payments reduce the amount
of the indebtedness secured by such mort-
gage. Payment in full by any person or
voluntary satisfaction or release by the In
smed or a mortgage coveted by this policy
shall terminate all liabili4, of the Company
to the insured owner nf. the indebtedness
secured by such mortgage, except as pro-
vided in paragraph 2 hereof.
(e) When liability has heen definitely
fixed in accofdame with the conditions of
this policy the loss of damage shall be pay-
able within .thirty days thereafter.
E. LIABILITY NONCUMULATIVE
It is expressly understood that the
amount of this polity is reduced by any
amount the Company may pay under any
policy insuring the validity nt priority of
any mortgage shown of referred to in
Schedule B hereof of any mnffgage here-
after executed by the Insured which is a
charge of lien on the estate of interest
.described of referred to in Schedule A, and
the amount so paid shall he deemed a pay
ment to the Insured under this policy. She
provisions of this paragraph numbered 8
shall not apply to an Insured owner of an
indebtedness secured by a mortgage shown
in Schedule B unless such Insured acquires
title to said estate of interest in satisfaction
of said indebtedness of any part theteof.
9. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have settled
a claim under this policy; all .tight of sub-
rogation shall vest in the Company un-
affected by any as of the Insured, and it
shall be subtogated to and be entitled to
all tights and remedies which the Insured
would have had against any person of prop
etty in respect to such claim had this policy
not been issued. If the payment does not
covet the loss of the insured. the Company
shall be subtogated to such tights and
remedies in the proportion which said pay-
ment heats to the amount If sail' loss. If
loss should result .from any act of die In
soled. such act shall not void this policy.
hat the Company. in that event, shall be
required to pay only that pan of any losses
insured against hereunder which shall ex
cued the amount, if any, lost to the Com-
pany hy' reason of the impairment of the
tight of subrogation. The Insured, if re.
quested by the Company, shall transfer to
the Company all rights and remedies
against any persnn of pmpeny necessaty in
order to perfect such tight of subrogation,
and shall permit the Company to use rile
name of the Insured in any transaction of
litigation involving such rights of temedies.
If the Insured is the owner of the in-
debtedness secured by a mortgage coveted
by this policy, such Insured may release of
substitute the personal liability of any
debtor of guarantor, nr extend or otherwise
modify the terms of payment. w telease
a portion of the estate or inmre,t from the
lien of the mortgage of release any cal
lateral security for tote indebtedness. pro
vided such act does nor result to ant loss
of priority of the li:n of the n;orrgage.
10. POLICY ENTIRE CONTRACT
Any action or actions or tight., of action
that the Insisted may. Lave r,f may hiring
against the Company arising out of the
status of the lien of the mortgage novefed
by this policy or the title of the estate or
interest insured herein must he based un
the provisions of this policy.
No provision or condition of this policy
can be waived of changed except by writing
endorsed herein or attached herein signed
by the President, a vice President, the
Secretary. an Assistant Secretary if orl.ef
validating officer of the Company.
11. NOTICES, WHERE SENT
All entices requited to be given the Com-
pany and any statement in writing required
to be furnished the Company shall be ad
dressed to it of the office which issued this
policy of to ors Home Ofhce, 433 South
Spring Street, Los Angeles, California 90051.
12. THE PREMIUM SPECIFIED IN SCHEDULE
A IS THE ENTIRE CHARGE FOR TITLE SEARCH.
TITLE EXAMINATION AND TITLE INSURANCE.
O
Title Insurance: and Trust Company
TI
TO 1014 FC (S -72)
Calif.o,` fond Title Aueriotion
s.andare Ceyer.q. Feliq Form
C Zy,i9Er 1963
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the patties named as Insured in Schedule A, the heirs; devisees, personal
representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation,
against loss or damage not exceeding the amount stated in Schedule A, together with costs, auofneys
fees and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of
I. Any defect in or lien or encumbrance on the tide to the estate or interest covered hereby in the
land described or referred to in Schedule C. exiiting at the date hereof, not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; to
2. Unmarketability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A. but only insofar as such defect affects the
lien or charge of said mortgage upon the estate or interest referred to in this policy; or
4. Priority over said mortgage; at the date hereof, of any lien or encumbrance not shown or referred
to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
all subject, however to the ptoviskm4 of Schedules A, B and C and to the Conditions and Stipulations
hereto annexed.
In Witnett Whereof, Tide Insurance and Trust Company has caused its
corporate name and seal to be hereunto affixed by its duly authorized officers
on the date shown in Schedule A.
Title insurance and Trust Company
by - -,, —y
PRESIDENT
E
Attest q
SECRETARY
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this
policy men:
(a) "land': the land described, .speril"
ally or by referemr, in Schedule C and
improvements affixed therein which by lain'
constitute real property;
(b) "public records ": those rrcriris
which impart consirucrive notice of matters
relaring to said land;
(c) "knowledge•': actual knowledge, nor
ronsrructive knowledge nr notice whith
may be imputed in the Insured by reason
of any public records;
(d) "date the effective date:
(e) " morrgage mnugage, deed of trust .
trust deed, nr ether security instrument, and
(f) "insured' the party nr parties named
is :inured, and if the nwnet of the in-
debtedness svrured by a mnugage shown in
Srhedulo H is named as •.an Insured in
Schedule A. the Insured .shall include (1.)
each successnr in interest in nwnership of
surh indebtedness, (2) any such nwner who
acquires the estate nr interest referred ,,
in this pnlicy by foreclosure,. trustee's sale,
no other legal manner in saris(acrinn of
said indebtedness, and (3) any federal
agency nr instmmeriality which is an in-
surer or guaranmr under an insurance cnn-
rract or guaranty insuring nr guarameei ngg
said. indebtedness, m any part therenf,
whether named as an insured herein or flat.
subject otherwise to the provisions herenf.
2. BENEFITS AFTER ACQUISITION OF TITLE
If an insured owner of the indebtedness
secured by a mnrrgage described in Sched-
ule 8 acquires said estate or interest. nn
any part thereof, by fnreclosure, i us' ee's
sale, nr other legal manner in sarisfacrinn
of said indebtedness• nt any parr thereof,
nr if a federal agency nr instrumentality
acquires said estate nr interest, nr any part
thereof, as a consequence of an insurance
crihrracr nr guaranty insuring nr . guarantee-
ing the indebtedness secured by a mnrrgage
coveted by this pnlicy or any. part therenf,
this pnlicy shall continue in farce in favnn
of such Insured, agency nr instrumentality ,
subject in all n( the cnnditinns and stipula-
ninns hereof.
3. EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This pnfiry dnes flat insure against Inss
or damage by reasons of the follnwing:
(a) Any law, nrdinance or governmental
regulation (inrluding but not limited in
building and zoning . ordinances) restricting
nr regulating nr prohmiring the nccupancy,
use or enjoyment of the land, or regulating
the character, dimensinns, or location of
any improvement now nr hereafter erected
on said land, or prohibiting a separation in
ownership nr a reductinn in the dimensions
or area of any lot fir parcel of land.
(h) Governmental rights'nf police pnwer
nr eminent domain unless: nmice n( the
exercise of surd, rights appears in the public
rru.rds at thr date herenf;
(c) Tide in any prnpeny beynnd the
lines of the land expressly described in
SrllcHrrlc C, or Title in streets, rnad, . ave.
nuns. hors, wily, or wmntways on whirl,
such land abuts, nr the right to maintain
therein vaults, tunnels, rump rr any other
.structure of improvement, fir any rights of
easements . therein unless this polity sprrifir
all), pnvides that such property. rights or
rasements ate insured. ixrept that if the
land ahuns upon one or nauar physir:dly
open wirers or highways this polity imuies
the rrTimaay rights of abuning owners fill
arms, to one of surh salters fir highways,
unless uthetwisr ext rpird of rxcludrd
herein,
(d) Defects• liens, rnramhrames.: ,i_
claims against the tide as insurrd or othrT
matters ( 1 ) created, suffered, assumed of
agreed In by the Insured claiming Inss of
damage; nr (2) knnwn in the Insured
Claimant either at the date of this policy
or at the date such Insured Claimant ac-
quired an estate nr interest insured by this
policy and flat shnwn by the public records,
unless disclosure thereof in ,vIning by thr
Insured shall hove been made in the Com.
pany print to the date of this pnlicy: nr (3)
resulting in no Inss in the Insured Claim-
ant, nr (4) aaraching nr treated subsequent
in the date hereof.
(e) Loss nr damage which would not
have been sustained if the Insured were a
purchaser on encumbrancer for value with -
nut. knnwledge.
4. DEFENSE AND PROSECUTION OF ACTIONS
— NOTICE OF CLAIM TO BE GIVEN BY
THE INSURED
(a) The Company, at its nwn cast and
wirinut undue delay shall pnvide (1) far
the defense of The Insured in all litigatinn
cnnsisaing of actinns nr proceedings coma
menced against the Insured, nt defenses•
restraining finders, nr injunaimns imetimsed
against a fnteclnsuie nt sale of the mnrr-
gage and indebtedness coveted by this pnlicy
nr a. sale of the estate nt interest in said
land; nr (2) (fir such action as may be
apprnpriare in establish the tide of the
estate nr interest nt the lien of the mmi-
.gage as insured, which lidgatinn of actinn
in any of such events is fnunded upon an
alleged defect, lien of cncumbrame in-
sured against by this pnlicy, and may pur.
sue any litigation n final determination in
the cnuit of last nes it.
(b) In case any such acrinn nr pnceed.
ing shall be beggun, m defense interposed,
at in case knnwledge shall came in the In-
sured of any claim of tide nt interest which
is adverse in the tide of the estate nT in.
terest or lien of the mortgage as insured,
of which might cause loss or damage for
which the Company shall nt may be liable
by virtue of this pnlicy of if the Insured
shall in good faith cflmrract to sell the in-
debtedness secured by a mortgage covered
by this policy, or• if an Insured in grind
faith leases tit rontract, in sell, lease m
mortgage the .same, of if the successful
bidder at a. fineclnsuie sale under a mmi.
gage covered by his policy refuses in put -
chase and in any such event the tide to
said estate of interest is rejected as um
marketable, the Insured shall notify The
Company thereof in writing. if such notice
shall nor he given in the Cnmpany within
fro days of the receipt of Pilo, s fir plead.
ing, or if thr Insured shall not. in writing•
po"opily notify fin Cnmpany of any Jr
feet. lien of encumbrance insured against
which shall frame in the koo•dedge of the
Insured, of if rile Insured shall nil, in
writing, prrmpdy notify the Cnmpany of
any such rejection by reason of claimed um
marketability of title, then all liability of
The Cnmpany in regard to the subject mallet
of such .,cunt, pnceeding or matter signll
rease and terminate; provided, however,
n
that failure , nmify shall in no rase
piemdicr the claim of any insured unless
The Cnmppany shall hr artually prejudicrei
by such ('ailuir and then nnly T., the rxaror
of such piejudirr.
(c) The Cnmpany shall have thr right
at its own lost to institute and pnseaue
any aclinn at proceeding or do any other
act which in its npininn may be necessary
of desirable in establish the ride of the
estate of interest nT the lien mf the mmT-
gage as insured; and the Cnmpany may
take any appnpu ate actinn under fire irrm.s
of this pnlicy whether nT nor if shall be
liable thereunder and shall nnr thereby
cnncede liability nT waive any provision of
this pnlicy,
(d) In all rases where this policy per -
mirs nr requires the Cnmpany n, prosecute
of pnvide for the defense of any action
of proceeding, the Insured shall secure in
it the right in sin pnsecule nT provide de.
fense in such action fir ptnceeding, and all
appeals therein, and permit if to use, at its
opainn, the name of the Insured fill such
purpose. Whenever requested by the Cum -
pany the Insured shall give the Cnmpany
all reasonable aid in any such action or
ptnceeding, in effecting settlement, securing
evidence, nbaaining witnesses, nt pinsecu.
ring of defending such aclinn of proceed-
ing• and the Cnmpany shall reimburse the
Ins uled far any expense sn incurred.
S. NOTICE OF LOSS — LIMITATION OF
ACTION
In addition in the notices required under
paragraph 4(b), a statement in writing of
any Inss nr damage far which if is claimed
the Company is liable under this pnlicy
shall be furnished in the Cnmpany within
sixty days after such loss ni damage shall
have been determined and no tight mf
acrinn shall accrue in the Insured under
this pnfiry until thirty days after such
statement shall have been furnished, and
no tecnveay shall 6e had by the Insured
under this pnlicy unless acrinn shall be
commenced thereon within five years after
expiration of said thirty day period. Failure
in furnish such statement of loss nr damage,
nt in commence such actinn within The
time hetembefine specified, shall be a cnm
elusive bat against maintenance by the In-
suied of any actinn under this poliry.
6, OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have the option to
Pay or settle fir compromise for m in thr
name of rile Insured any claim insured
against fir to pay the full annum of this
Policy. or, in case loss is claimed undrT chi.
policy by the owner mf the indebndorss
secured by a mmigagr covered by this
polity, the Cnmpany shall have the option
in putrhasr said indrhirdness; such put.
rlwsr. Paymint tit troller of paymrnr of
(Coitdit'me` unfi Stipulotions Cuntinurd and Cancludrd nn Last Page of This Policy)
70 1e12-1 AS C
sa cwnAw Nkv i%3
SCHEDULE A
Premium $ 545. 0 0
Effective
Amount $175,nnn.On Data OCTOBER 9, 1972 AT ?:nn A.M. Policy No. 5 05459
tNSURED
CITY OF f!`_UPORT BEACH, A MUNICIPAL CORPORATION.
1. Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF N"'.?0'RT 5EACI1, A MUNICIPAL CORPORATTO!!.
2. The estate or interest in the land described or referred to in Schedule C covered by this policy is
a fee.
SCHEDULE B
Tbu policy does not insure against loss or danuge by reason of the following:
PART I
t. Tazee or assessments which are not shown ae existing liana by the records of any taxing authority that
levies taws or assessments on :real property or by the public records.
is Amy facts, rights, intarrea or claims which are not shown by the public records but which could be
ascartsined by an inspection of said land or by .making inquiry of persons in paoesoon thereof.
3. Easements, claims of easement or encumbrances which are not .shown by the public .records.
4. Discrepancies, oaotficte in boundary lines, . shortage in arse. encroachmenta, or any other facts which a
correct survey would dietlose, and which are not shown by the public records
5. Unpatentad mining claims; reservations or mcaptions is patents or in Acts authorizing the issuance
thereof: water rights, claims or title to water.
TO 1012.15 c.'. c
1..e n0. •....m0..
sm.e..n c.....,. P.lk,19e3
SCHEDULE B — (Continijodi
Pnnl It
1. GGNEPAL AND SPECIAL TAXES FOR THF' FISCAL Y"AP 1972 -1973,, A LIrN
Y;OT YET PAYAM_ -...
2 THE USE A" D CONTROL OF CIFM FGAS AND NATURAL STRFAMS OF 1:!ATFP., IF ANYO
LIATURALLY UPON,, FLOWING ACROSS,, INTO OR BY SAID LAND, AND TH°_ RIGHT
OF !PAY FOP AND TO CONSTRUCT IRRIGATION OR DRAINAGF DITCHES THROUGH
¢a.ln LA' : To I^nlr,P.TF OP 1P,gI" THE A'1J?.CF "T LP,'!D, !1.S RF.cFRVEr) V! THE
DECD RECORDED 114 3000.. 3U, PAGE 220.. DEEDS.
3. AN EASEMENT FOR ROADS, RAILROADS MM DITCHES AS RESERVED IN THE
I1'.7TP1jI'7t!T APOVF 1171!TIONEPP, OVER. THE WEST 20 FEET OF SAID LAND.
4 1 .I W0y 1v1J J /YI
All km land Intl* A atim loan ►ol1tp19)0
With ALTA Endw�nt . Iohn 1 Cawra9o.
or
Aorrlmn land Tltla Arwslallon 0w r'1 Policy
P. 5-19!0
ot
California land Title Aunelotian
standard Cowro90 Pollcy•1963 "
SCHEDULE C
The land referred to in this policy is desalted as follows.;
T!IAT POPTI();: OF TIi!i "ORTII HALF OF THF 1!OP.THI'IEST QUARTER OF THE SOUTH—
LAST QUART`:;'. OFF SI-CTIO'! 130 TO!!!NSHIP fj SOUTH, RANGE 10 WEST, It! THE
RANCHO LAS BALSAS, CITY Of HUNTINGTON BEACH, COUNTY OF ORANGE, STATE
OF CALIFORF!IA, AS PEP. MAP RECORDED IN BOOK. 51, PAGE 14, OF MISCELLANEOUS
NAPS, IN THF OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESORIRF,D
AS FOLLOWS
'717T''1I1I!'r AT T!I- lNT!7 SFCTTOn! OF THP I.FFST LiN° OF SAID "IOP.THWPST
T:1' STs::LY P;:OLOi'CA.TI ^'! OF T;15 110 ^T" LINE OF THE
LAND CONVEYED By H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED
RECORDED AUGUST 7, 1923, IN BOOK. 4'31, PAGE 276, OF DEEDS OF SAID ORANGE
COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLON&ATIO ^I AND SAID NORTH
1. I1!;'. TO THE NORTHEAST CORN17P. OF SAID LAND; THENCE SOUTH 440.00 FEET
ALONG THF EAST LI`!E OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF
OF THE NORTH'fFST QUARTER OF THF. SOUTHEAST QUARTER; THENCE WEST 495.00
FEET ALONG SAID SOUTH LINE TO THE !!EST LINE OF SAID NORTHWEST QIIARTFR;
THENCE NORTH 440.00 FFrT ALONG SAID WFST LIME TO THF POINT OF BF..CINNING.
<C"PT FRQ "4 THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY
155.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON
THE WF`ST, AS SAID ROAD EXISTED ON MARCH 13, 1922.
SAID LAND IS SflO1'6! OM A MAP FILED IN ROOK, 7, PAGE 37, OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
14
CLTA 107.9 14- 10.691
(0.71)
ALTA OR STANDARD COVERAGE
INDORSEMENT
ATTACHED TO POLICY NO. 505059
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof,
)'R 1tI1
Il`` NGE.LFS ._
Title Insurance and Trust Company
By QA q � 6.—
TSECRETARY
TO 236 VC
IN 0 1 -�14 p11
G S, 0 /OW
is
SIN'/ ti. M i
�I
r4 -ti
P 7
IQ l _SIR n• TE:3� 1� f L`R.
i i Z_ IJ I
4
t
mT This is not a survey of the /and but is compiled for i formation by the
�1�1 Title Insurance and Trust Company from data shown by t e official records.
FORM 159
RE6OURCE9 AGENCY OF CALIFORNIA
DEPARTMENT OF CONSERVATION
DIVISION OF OIL AND GAS
REPORT OF WELL ABANDONMENT
830 North La Brea, Inglewood 903.02-._____California
October 3, 1972 _
1gen1`_—_-----^--
PAC IFIC_SU PI'y_CQDkERA1 VE
3225 Cce— ap— ?1Y_51 - -° - -- — --
�Or0mj del Mar- CA 92625
DEAR SIR:
Your report of abandonment of Well No.______'_'_cicy _ of_NIU>vrk_'__] _LII�2- IIIISZH�__,
See ------ fl____, T------ S____. R - - -- oL._ -> -- &_9. _B. & M., _________SdESi_h
------- 4ranga ------ - ---- -__ -- County, dated ---- $ept.__2Z,___127A received--- Sept___2H�__1922,
has been examined in conjunction with records filed in this office.
A review of the reports and records shows that the requirements of this Division,
which are based on all information filed with it, have been fulfilled.
ADS:rk
cc Headquarters
Production Dept_
Conservation Conmi,
Orange Co. Dept of Bldg 6 Safety
Dept of Oilfield Control
JonN F. MArrizws, JR.
BLANKET BOND StaN Oa and Car Saprr91W
camera ea �r e»
By -------- L6L- _ (tz -
Deputy Sapervirot
r
er
AFFIDAVIT OF PUBLICATION
NEWPORT HARBOR ENSIGN
j' STATE OF CALIFORNIA 1
11 County of Orange f
I, ........�ARVO. � . 1_7AAj?A
........................ .................. ....... being first
.
only sworn, and on oath depose and say that I am the
printer and publisher of the Newport Harbor Ensign, a
weekly newspaper printed and published in the City of
Newport Beach, County of Orange, State of California,
and that the.... ,..' VLl..i:.� li,: �. , ( &. ? ..................
........................... .
........................................................... ............................... of which
copy attached hereto is atrue and complete copy, was
printed and published in the regular issue(s) of said
newspaper, and not in a supplement, ...... 1........... consecu-
tive times: to -wit the issue(s) of
Oct, 19, 1972
...................................... �...{............. ...............................
(Signed)...... ...�
Subscribed and sworn to before me this.
:3.1 t. day of
.......................... :.'.. a ...r 19...
Notarc m and for the I
County of Orange, State of California.
OFFICIAL SEAL
MARY A. HAAPA
I Notary Public - Califcmia
PRINCIPAL OFFICE IN
MY COMMi SSION EXPIRESNDECEMBEB Z(J,Ik�}
dk
RESOLUTION N0; 7832
half of the northwest quarter
accompanied by a deposit of
ante Policy with liability equal`
A RESOLUTION OF THE Cl-
of the southeast quarter; thence
cash or a certified or Cash-
to the full purchaseprice show -
TY COUNCIL OF THE CITY
west 495.00 feet along said
ier's check payable to the City
fng title vested in the highest
OF NEWPORT BEACH DE-
south line to the west line of
of Newport Beach, equal to ten
bidder, subject only to the ex-
CLARING CERTAIN REAL
said northwest quarter; thence
percent (10'%) of the, amount
ceptions shown in the prelim -
PROPERTY TO BE SUR-
north 440.00 feet along said
bid. This deposit is to guaran+
inary title report, the bidder
PLUS, AMTHORIZING ITS
west line to the point of be-
tee that if the City accepts
shall deposit into the escrow
SALE AND. SETTING OUT
ginning.
the sealed bid or an oral bid
the difference between the bid
THE PROCEDURE FOR 1TS
Except from that portion
made at the auction (See Sec-
award price and his cash or
SALE
thereof lying northerly of the
lion 10) by a bidder, said bid-
certified check bid deposit.
WHEREAS, the City of New-
southerly 165.00 feet, that por-
der will complete the purchase
SECTION 14, Real Estate
port Beach holds title the
tion Included within the Coun-
within thirty (30) days in ac-
Commissions - Closing Costs: .
,to
real property in the of
ty road adjacent on the west,
coedamce with the bid that was
The buyer shall pay for all i
Huntington Beach whtas
as said road existed on March
13, 1922.
accepted by fig: City and the
terms tbis ution.
recording costs and real pro-
transfer taxes within thir-
formerly used for a wa ell.
of
perty
site, hereinafter described; and
Said land is shown on a map
If qu�llilsd sealed bids of e-
ty (30) days after the date ;
WHEREAS, it appears that
filed in Book 7, page 37 of
qual am ounts are submitted, the
the City Council approves the
the City has no present or
Record of Surveys, in the Of-
one reeqiv?'�e�d
first by the City
sale.
prospective need for said pro-
face of the County Recorder
Clerk 'sRall
he'. oosidered the
All bids will be on a NET
perry; and
of said County:
highest bf`P ids for all
NET NET basis, and the City„
WHEREAS, no qualified pub-
SECTION A. Statement of
purposes. The` sit of the
of Newport Beach assumes no
He agency (including the State
Title. Title insurance and Trust
sucoassful bidder shall be ap-
responsibility to pay real es-
of California, CountyofOrange,
Company of Santa Ana, Calif-
plied to the purchase price, and
tate commissions, recording
and City of Huntington Beach)
ornia reports that it is pre-
will not be deposited into es-
fees, deed transfer fees, es -'
has offered to purchase the
pared to issue, or cause to
crow. Upon acceptance of the
crow fees or cost of Policy
property at fair market value
be issued, in the form of the
successful bid by the City Coun-
of Title Insurance; these costs
for park and recreation pur-
California Land Title Associ-
cil, all other deposits shall
should be taken into consider -.
poses pursuant to the provi-
aati onnStandard Coverage form
be returned to the bidders.
ation when submitting bids.
sions of Sections 54222 and
o y of Title Insurance,
Failure of the successful bid-
SECTION 15. Real Proper - ,
54223 of the California Gov-
a policy of title insurance des-
der to complete the purchase
ty Taxes. Although owned by
j, ernment Code; and
cribing the land and the estate
as above required shall result
the City of Newport Beach, a
WHEREAS, proceeds from
or interest,. therein hereinafter
in forfeiture of thetdeposit to
municipal corporation, this
the sale of this property would
set forth, insuring against loss
the City.
property is not exempt from
be placed in the City Capi-
which may be sustained byrea-
SECTION 9. Opening Bids.
real property taxes. Said tax -
. tal Improvement Fund; and
son of any defect, Hen or en-
The sealed bids shall be open-
es will be prorated between,
WHEREAS, it would be in the
cumbrance not shown or re-
ed and publicly announced in
buyer and seller to the date '
best interest of the City to sell
ferred to as an Exception there-
the Office of the City Clerk,:
of opening of escrow..
- said property under the follow-
in not excluded from coverage
at 10:00 a.m. Friday, Novemv
, SECTION 16. Inability to
fntUrms,.procedures and con-
pursuant to'the printed Sche-
her 17, 1972. '
.Convey. If the property can-
` ditions•
dules, Conditions and Stipula-
SECTION 10. Public Auc-
.
. not legally be sold by the City,
NOW, THEREFORE, BE IT
tions of said policy form. There
tion. At the regular CityCoun-
or the City is unable to con -
RESOLVED that the City Coon-
are no known conditions that
cll meeting of Monday, Novem-
. vey marketable fee title with -
cil of the City of Newport Beach
would measurably restrict or
ber 27, 1972, at 7:30 p.m.,
in a reasonable time after the
,_hereby FINDS, DETERMINES,
limit the utility of subject land.
the City Clerk shall announce
date of sale, the sale shall
RESOLVES AND ORDERS that!
A copy of said policy form,
the amount of the highest sealed
be void and deemed mutually;;
SECTION 1. Size - Loca-
marked Exhibit "B ", is at-
bid received and the name of
cancelled, and any price paid ,
tion. The subject property
tached hereto.
the bidder, and the City Man-
or deposit made by buyer shall
comprises 4.7 gross acres
SECTION 4. Topography. The
ager shall then call for oral
be. refunded and no liability
(more or less) of land located
property is generally flat and
bids. To be considered, the
of"the City shall exist or arise '
on the east side of Bushard
at an elevation of 6.72± feet.
first oral bid must exceed the
from such cancellation.
Street, 170 feet (more or less)
SECTION 5. Soils. Soils
highest sealed bid by$5,000.00.
SECTION 17. No Warran-
south of Hamilton Avenue inthe
data on the property was pre-
Additional oral bids must be
ty. No warranty is made or
City of Huntington Beach, Cal-
pared by the firm of Evans,
in multiples of $1,000.00 to be
intended by any statement in
ifornia. The dimensions of
Goffman & McCormick of San-
acceptable. To be qualified to
this resolution or the notice
the property to the Bushard
to Ana as an aid to prospec-
participate in the public auc-
of sale, or otherwise, with re-
Street centerline are 495 feet
tive bidder sin establishing pur-
lion, a bidder must have sub -
spect to location, size, zone
east -west by 440 feet north-
chase price. The work is that
mitted a valid sealed bid, to-
or utility or interest therein
south. Said property is shown
of the engineers, and the City
gether with the necessary de-
which is sold or offered for
,on the map dated December
makes no warranty, either ex-
posit.
sale. r.
16, 1971, designated Drawing
implied, relative to
In conducting the sale, the
SECTION 18. .Withdrawal;
-No. M- 5146 -L, attached here-
the Soils
City Council maywaiveinform-
from Sale. Tau> ty Council:
to, marked Exhibit "A" and
drainage characteristics of the
alities in bids and may by mo-
'
reserves the,,:. to reject;
made a part hereof by this
subject parcel.
tion modify the terms of this
any and aH
reference.
SECTION. 6. Zoning. The
resolution as deemed necessary
SECTION
ce of Sale:
SECTION 2. Surplus Pro-
subject property is presently
to obtaia the highest price for
- Publication : City Clerk;
party - Legal Description. The
zoned R -1 ngle'Family Res -
the property.
shall prepare a notice of sale'
property as hereinafter des-
idence District). The City of
SECTION 11. Sale Award.
setting out the address or to -'
.cribed is surplus, and there
Newport Beach makes re-
Upon receiving the highest bid
cation, description, zone audl
is no present or prospective
pregpntations as to use and
obtainable from a qualified bid-
approximate size of the pro- ;
eneed for same:
development standards which
der, the City Manager shall
perty being offered for sale,'
. That portion of the north
may apply to theproperty. Such
declare the amount of the high-
the date,, place and time the
.half of the northwest quarter
information must be' obtained
est ;bid and the name of the
bids will be received and op- .
of the southeast quarter of Sec -
from the City of Huntington
bidder. The City Council may
ened and the fact that addi-
tion 18, Township 6 South, Range
Beach.
then determine whether it wish-
tional inform n maybe ob-
10 West, in the Rancho Las
SECTION 7. Sealed Bids.
es to accept or reject the high
tained froBFa „ City Clerk's
Bolsas, City of . Huntington
Said property is hereby offer-
bid, or the Council may con-
office. The ti R shall be pub-
- Beach, County of Orange, State
ed for sale, and bids there-
tine the sale until its next
lashed OR0111teofficialnews-
of California, as per map re-
for are invited, beginning Fri-
regular meeting.
paper!�tie City, and copies
corded, in Book 51, page 14
day, October 13, 197Z, under
SECTION 12. Escrow -
of the ° notice and resolution
of Miscellaneous Maps, in the
the procedure of sealed bidding -
Terms. The bidder to whom
.
shall be made available for
Office of the County Recorder
and public auction as herein=
the �pr•operty is sold must make
inspection bi the City Clerk's
of said County, described as
after set forth. The minimum
fullrpayment therefor to the
office.
tollowsa i.
acceptable bid shall be $130,-
Citytr►,(twn thirty (30) days af- SECTION 20. Official Bid-
BEGINNING at the intersec-
000.00. Each bid must be
ter *6 City Council approves'
_•
. ders Proposal Form. All bids
tion of the west line of said
on an official Bidders Proposal
the ble. Upon acceptance of
must be submitted on an of-
northwest quarter with the
Form and submitted to the City
the highest and best bid by the
ficial Bidders Proposal Form
westerly, prolongation of the
of Newport Beach, City Clerk,
Newport Beach CityCouncil, the
available for purchase in the
north line of the land conveyed
3300. Newport Boulevard, New-
City shall open an escrof,with
City Clerk's office for $10.00.
by H. D. Meyer to the City
port Beach, California 92660,
the Bank of Newport and'tarth-
Facsimile copies of the offi-
of Newport Beach by deed re-
by 10:00 a.m., Friday, Novem-
with,, deposit into said escrow
cial form are not acceptable.
corded August 7, 1923 in Book
ber 17, 1972. All bids shall
a properly executed Grant Deed
ADOPTED this 10th day of
481, page 276 of Deeds of said
be in a sealed envelope
conveying fee title to the pro-
October .1972.'.
Orange County; theme' east
clearly marked: "SEALED
perty.
Donajd A. McInnis
495.00 feet along said prolong-
BID PROPOSAL - BUSHARD
SECTION 13. Title Insur-
Mayor
allou and said north line to the
AND HAMILTON PROPERTY
ante. On, notice from Title
ATTEST;
northeast corner of said land;
- HUNTINGTON BEACH." '
Insurance and Trust Company
Laura Laglos
thence south 440.00 feet along
SECTION 8. Deposit. Each
that it is prepared to -issue
City Clerk
the east line of said Iand to
bid must be unconditional and
at Buyer's expense a CLTA
Publish: Oct. 19 1972 io
ttie: F�gth line of said north,
witkout quaUCcatfons, 'and .be
Standard Coverage T#19
e Smut-
f
the Newport H,,* t— `
JBS:em • "i" 'T
- 1134 -58
i
SALE OF SURPLUS PROPERTY
PUBLIC AUCTION PROCEDURE
In order to conduct proceedings fairly and without prejudice to any bidder,
certain procedures must be followed. The Mayor shall be the Chairman and
shall conduct the auction pursuant to the resolution authorizing the sale
of the surplus property.
Rulings of the Mayor on procedural matters shall be final unless they be
immediately appealed to the City Council. Such appeal may be taken by
asking to be heard on a "point of order'. The Mayor shall then inter-
rupt the proceedings until the matter is settled by ruling of the City
Council, after which proceedings shall be continued.
Persons desiring to speak from the floor, unless they are bidding, shall
stand and wait to be recognized unless they rise to a "point of order" and
if so, they shall so state upon arising.
Persons desiring to make an oral bid from the floor shall raise their hand
and show their deposit receipt, and upon being recognized, shall state the
receipt number, their last name and the bid. The Mayor will repeat the
bid, bidder's name and receipt number after each bid.
Oral bidding from the floor shall be by qualified persons only, i.e.,
persons having previously submitted a sealed bid, or persons having made
a denosit as specified in the resolution authorizing the sale.
Opening the proceedings. The Mayor will give a brief description of the
property to be sold, information on publication of notices, the resolution
number authorizing the sale and shall ask if all sealed bids are in the
hands of the City Clerk.
Sealed bids procedure. The Mayor will open all sealed bids and announce
t e er s name ana amount bid. The Mayor may designate a committee
composed of the City Manager, the City Nttorney and the City Treasurer to
examine the bids for items specified in the resolution. This committee
shall then take all sealed bids, examine them and report back to the Mayor
upon completion of their duty. While the committee is studying the bids,
the Mayor may continue the regular Council business until the committee
is prepared to report.
Result of sealed bids. The Mayor shall announce the highest sealed bid,
giving the name of-Tulyer and the name of the broker, if any. The Mayor
shall then read a list of persons qualified to bid from the floor by
reason of submitting proper sealed bids and these persons shall be given
a receipt. The Mayor shall ask that anyone wishing to make an oral bid,
who has not submitted a sealed bid shall deposit with the City Treasurer
immediately a certified or cashier's check or cash for 15% of the
minimum bid specified in the resolution. Persons submitting such
certified or cashier's check or cash shall be given a receipt. All such
Dersons holding receipts shall then be qualified to join in the oral
bidding.
KBidding from the floor. The Mayor shall open the bidding from the floor,
announcing the amount of the minimum acceptable oral bid (the first
oral bid must exceed the highest sealed bid by 10 %). During oral bidding,
a committee composed of the City Clerk, the City Manager, the City
Attorney and the City Treasurer shall record such oral bids as they are
repeated by the Mayor.
.ward of high bid. After bidding ceases, the Mayor shall announce the
highest bid, the name of the bidder, the name of the broker, if any, and
shall declare the property sold, subject to the approval of the City If
Council.
If in order, the Council shall, by motion accept the highest bid, order
the property sold, and direct the City Attorney to complete the sale.
By Council motion, unsuccessful bidders' deposits shall be ordered returned
upon presentation and signing of receipt previously issued.
During these proceedings, the City Treasurer shall have final responsi-
bility and accountability for deposits, receipts, return of deposits and
collection of receipt.
4
0 3 CITY OF NEWPORT BEACH
/�
OFFICE OF THE CITY MANAGER
.6 1972 October 10, 1972
TO: MAYOR AND CITY COUNCIL
Agenda Item G 2
FROM: City Manager
SUBJECT: SALE OF 4.7 ACRE SURPLUS CITY PROPERTY IN HUNTINGTON BEACH
RECOMMENDATION:
Adopt Resolution No. declaring certain real property
to be surplus, authorizing its sale and setting out the
procedure for its sale.
DISCUSSION:
Situation. The City of Newport Beach owns a 4.7 acre parcel of surplus real
property in the City of Huntington Beach on the east side of Bushard Street,
170 feet southerly of Hamilton Avenue (see attached photograph). The full
parcel was acquired March 13, 1922, and was utilized as a water well site
for the city's system until establishment of the Big Canyon Reservoir. The
water line easement from the property to the city limits was abandoned Sep-
tember 25, 1967. All city water facilities have been dismantled and removed,
and the property serves no present or future municipal purpose.
The city has paid for a quitclaim deed from Pacific Supply Cooperative, an
Oregon corporation, releasing all claims to the oil and gas lease Pacific
Supply once held on the property. All oil production equipment on the prop-
erty has been dismantled and removed in accordance with state and city
standards.
Sale to Other Public Agencies. Sections 54222 and 54223 of the California
Government Code requires that municipally owned surplus real estate be offered
to qualified public agencies to purchase at fair market value for park and rec-
reational purposes before being offered on the open market. The State of Cal-
ifornia, County of Orange, and City of Huntington Beach have expressed no
interest to purchase the property.
- 2 -
Proposed Sale Terms_. These are the principle features of the recommended
sale resolution:
1. The minimum bid price is $130,000, or $27,660 per gross
acre. The staff has comparable sales data in the area
to support this asking price.
2. The sale terms call for cash payment with escrow to be
closed thirty days after the bid award.
3. The city makes no representations insofar as zoning
approvals are concerned. All improvement and develop -
ment burden costs are to be borne by the future purchaser.
4. Bids would be accepted from Friday, October 13, until
Friday, November 17. The city retains the right to
reject any and all bids.
5. A report of the sealed bidding would be made to the City
Council on Monday, November 27. An auction would then
be held for qualified bidders. To be considered, the
first oral bid must exceed the highest sealed bid by
$5,000. Additional oral bids must be in multiples of
$1,000 to be acceptable. To be qualified to partici-
pate in the public auction, a bidder must have submitted
a valid sealed bid together with the necessary deposit.
6. All bids will be on a net - net -net basis and the city
assumes no responsibility to pay real estate commissions,
recording fees, deed transfer fees, escrow fees, or costs
for policy of title insurance. Property taxes would be
prorated between buyer and seller to the date of opening
of escrow.
Adoption of the sale resolution is recommended.
-aVp
BERT L. WYNN
RLW /PFB:sh
Attachment
.............
pigs
i
CITY OF NEWPORT BEACH
NO Z ( 1972 OFFICE OF THE CITY MANAGER
By the CITY COUNCIL November 27, 1972
'' TV Gr VrvRyr --P? VEACH
AGENDA ITEM G -1
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: CITY -OWNED 4.7 ACRE SURPLUS REAL PROPERTY AT BUSHARD AND
HAMILTON STREETS, HUNTINGTON BEACH, CALIFORNIA
RECOMMENDATION
That the City Council adopt a resolution rejecting the one
bid received and authorizing the staff to obtain new bids.
SCUSSION:
On November 17, 1972, the City Clerk opened one bid that
was received for the Bushard and Hamilton Street property. The one
bid received was from Shapell Industries, Inc. and was for $130,000.
A cashier's check in the amount of $13,000 was attached to the bid.
On January 5, 1972, an appraisal report, prepared by George
Hamilton Jones,was submitted to the City Attorney's office giving a
range of fair market value of $150,000 to $170,000. It is believed,
therefore, that while the one bid received was legal and in proper
form the staff believes the amount bid is below the value of the City
parcel.
During the bid opening a number of prospective bidders raised
the question about the application of the permit zone to the subject
property. The property is within 1,000 yards of the Santa Ana River.
It is the staff's opinion that the Coastal Initiative does not impose
a 1,000 yard permit zone along the Santa Ana River. If the Council
authorizes the staff to obtain new bids, an opinion will be given by
the City Attorney to all prospective bidders that the property is
not subject to conditions of the Coastal Initiative. This may help
obtain additional bidders.
One other comment is that the bid specifications permits a
form of auction at the Council meeting following the bid opening date.
The eligible people to participate in this auction would be those
submitting bids for the property. At this auction any bidder could
raise the bid in increments of $1,000. Inasmuch as only one bid was
received it would be impractical to conduct this auction permitted in
the resolution authorizing the sale of this property. Hopefully, new
Page -2-
bids can be received and either through the bid procedure or the
auction procedure, the City can obtain a price for the property
similar to that value contained in the range of fair market value
appraisal.
The proposed new bid opening date will be Friday, December
29, 1972, at 10:00 A.M.
RLW :mm
ROBERT L. WYNN
�N
r
RESOLUTION NO. 7 8 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DECLARING CERTAIN REAL
PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE
AND SETTING OUT THE PROCEDURE FOR ITS SALE
WHEREAS, the City of Newport Beach holds title to the
real property in the City of Huntington Beach which was formerly
used for a water well site, hereinafter described; and
WHEREAS, it appears that the City has no present or
prospective need for said property; and
WHEREAS, no qualified public agency (including the State
of California, County of Orange, and City of Huntington Beach) has
offered to purchase the property at fair market value for park
and recreation purposes pursuant to the provisions of Sections
54222 and 54223 of the California Government Code; and
WHEREAS, proceeds from the sale of this property would
be placed in the City Capital Improvement Fund; and
WHEREAS, it would be in the best interest of the City
to sell said property under the following terms, procedures and
conditions;
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND
ORDERS that:
SECTION 1. Size - Location. The subject property
comprises 4.7 gross acres (more or less) of land located on the
east side of Bushard Street, 170 feet (more or less) south of
Hamilton Avenue in the City of Huntington Beach, California. The
dimensions of the property to the Bushard Street centerline are
495 feet east -west by 440 feet north - south. Said property is
shown on the map dated December 16, 1971, designated Drawing
No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part
hereof by this reference.
SECTION 2. Surplus Property - Legal Description. The
property as hereinafter described is surplus, and there is no
-1-
G2
i A
present or prospective need: for same:
That portion of the north half of the northwest quarter
of the southeast quarter of Section 18, Township 6 South,
Range 10 West, in the Rancho Las Bolsas, City of Huntington
Beach, County of Orange, State of California, as per map
recorded in Book 51, page 14 of Miscellaneous Maps, in the
Office of the County Recorder of said County, described as
follows:
BEGINNING at the intersection of the west line of said
northwest quarter with the westerly prolongation of the north
line of the land conveyed by H. D. Meyer to the City of
Newport Beach by deed recorded August 7, 1923 in Book 481,
page 276 of Deeds of said Orange County; thence east 495.00
feet along said prolongation and said north line to the north-
east corner of said land; thence south 440.00 feet along the
east line of said land to the south line of said north half
of the northwest quarter of the southeast quarter; thence
west 495.00 feet along said south line to the west line of
said northwest quarter; thence north 440.00 feet along said
west line to the point of beginning.
Except from that portion thereof lying northerly of the
southerly 165.00 feet, that portion included within the County
road adjacent on the west, as said road existed on March 13,
1922.
Said land is shown on a map filed in Book 7, page 37 of
Record of Surveys, in the Office of the County Recorder of
said County.
SECTION 3: Statement of Title. Title Insurance and
Trust Company of Santa Ana, California reports that it is prepared
to issue, or cause to be issued, in the form of the California
Land Title Association Standard Coverage form of Policy of Title
Insurance, a policy of title insurance describing the land and the
estate or interest therein hereinafter set forth, insuring against
loss which may be sustained by reason of any defect, lien or
encumbrance not shown or referred to as an Exception therein not
excluded from coverage pursuant to the printed Schedules,
Conditions and Stipulations of said policy form. There are no
known conditions that would measurably restrict or limit the
utility of subject land. A copy of said policy form, marked
Exhibit "B ", is attached hereto.
SECTION 4. Topography
and at an elevation of 6.72± feet.
The property is generally flat
SECTION 5. Soils. Soils data on the property was
prepared by the firm of Evans, Goffman & McCormick of Santa Ana as
-2-
an aid to prospective bidders in establishing purchase price. The
work is that of the engineers,, and the City makes no warranty,
either express or implied, relative to the soils conditions and /or
drainage characteristics of the subject parcel.
SECTION 6. Zoning. The subject property is presently
zoned R -1 (Single Family Residence District). The City of Newport
Beach makes no representations as to use and development standards
which may apply to the property. Such information must be
obtained from the City of Huntington Beach.
SECTION 7. Sealed Bids. Said property is hereby
offered for sale, and bids therefor are invited, beginning Friday,
October 13, 1972, under the procedure of sealed bidding and
public auction as hereinafter set forth. The minimum acceptable
bid shall be $130,000.00. Each bid must be on an official Bidders
Proposal Form and submitted to the City of Newport Beach, City
Clerk, 3300 Newport Boulevard, Newport Beach, California 92660,
by 10:00 a.m., Friday, November 17, 1972. All bids shall be in a
sealed envelope clearly marked: "SEALED BID PROPOSAL - BUSHARD
AND HAMILTON PROPERTY - HUNTINGTON BEACH."
SECTION 8. Deposit. Each bid must be unconditional
and without qualifications, and be accompanied by a deposit of
cash or a certified or Cashier's check payable to the City of
Newport Beach, equal to ten percent (10 %) of the amount bid. This
deposit is to guarantee that if the City accepts the sealed bid
or an oral bid made at the auction (See Section 10) by a bidder,
said bidder will complete the purchase within thirty (30) days
in accordance with the bid that was accepted by the City and the
terms of this resolution.
If qualified sealed bids of equal amounts
are submitted, the one received first by the City Clerk shall be
considered the highest of such bids for all purposes. The
deposit of the successful bidder shall be applied to the purchase
price, and will not be deposited into escrow. Upon acceptance
of the successful bid by the City Council, all other deposits
-3-
shall be returned to the bidders. Failure of the successful bidder
to complete the purchase as above required shall result in for-
feiture of the deposit to the City.
SECTION 9, Opening Bids. The sealed bids shall be
opened and publicly announced in the Office of the City Clerk at
10:00 a.m. Friday, November 17, 1972.
SECTION 10. Public Auction. At the regular City Council
meeting of Monday, November 27, 1972, at 7:30 p.m., the City Clerk
shall announce the amount of the highest sealed bid received and
the name of the bidder, and the City Manager shall then call for
oral bids. To be considered, the first oral bid must exceed the
highest sealed bid by $5,000.00. Additional oral bids must be in
multiples of $1,000.00 to be acceptable. To be qualified to
participate in the public auction, a bidder must have submitted a
valid sealed bid, together with the necessary deposit.
In conducting the sale, the City Council may
waive informalities in bids and may by motion modify the terms of
this resolution as deemed necessary to obtain the highest price
for the property.
SECTION 11. Sale Award. Upon receiving the highest
bid obtainable from a qualified bidder, the City Manager shall
declare the amount of the highest bid and the name of the bidder.
The City Council may then determine whether it wishes to accept
or reject the high bid, or the Council may continue the sale until
its next regular meeting.
SECTION 12. Escrow - Terms. The bidder to whom the
property is sold must make full payment therefor to the City
within thirty (30) days after the City Council approves the sale.
Upon acceptance of the highest and best bid by the Newport Beach
City Council, the City shall open an escrow with the Bank of
Newport and forthwith deposit into said escrow a properly executed
Grant Deed conveying fee title to the property.
SECTION 13. Title Insurance. On notice from Title
Insurance and Trust Company that it is prepared to issue at Buyer's
expense a CLTA Standard Coverage Title Insurance Policy with
liability equal to the full purchase price showing title vested
in the highest bidder, subject only to the exceptions shown in
the preliminary title report, the bidder shall deposit into the
escrow the difference between the bid award price and his cash
or certified check bid deposit.
SECTION 14. Real Estate Commissions - Closing Costs.
The buyer shall pay for all recording costs and real property
transfer taxes within thirty (30) days after the date the City
Council approves the sale.
All bids will be on a NET NET NET basis,
and the City of Newport Beach assumes no responsibility to pay
real estate commissions, recording fees, deed transfer fees,
escrow fees or cost of Policy of Title Insurance; these costs
should be taken into consideration when submitting bids.
SECTION 15. Real Property Taxes. Although owned by
the City of Newport Beach, a municipal corporation, this property
is not exempt from real property taxes. Said taxes will be
prorated between buyer and seller to the date of opening of
escrow..
SECTION 16. Inability to Convey. If the property
cannot legally be sold by the City, or the City is unable to convey
marketable fee title within a reasonable time after the date of
sale, the sale shall be void and deemed mutually cancelled, and
any price paid or deposit made by buyer shall be refunded and
no liability of the City shall exist or arise from such cancella-
tion.
SECTION 17. No Warranty. No warranty is made or intended
by any statement in this resolution or the notice of sale, or
otherwise, with respect to location, size, zone or utility or
interest therein which is sold or offered for sale.
SECTION 18. Withdrawal from Sale. The City Council
reserves the right to reject any and all bids.
SECTION 19. Notice of Sale - Publication. The City
Clerk shall prepare a notice of sale setting out the address or
-5-
location, description, zone and approximate size of the property
being offered for sale, the date, place and time the bids will
be received and opened and the fact that additional information
may be obtained from the City Clerk's office. The notice shall
be published once in the official newspaper of the City, and
copies of the notice and resolution shall be made available for
inspection in the City Clerk's office.
SECTION 20. Official Bidders Proposal Form. All bids
must be submitted on an official Bidders Proposal Form available
for purchase in the City Clerk's office for $10.00. Facsimile
copies of the official form are not acceptable.
ATTEST:
City Clerk
ADOPTED this 10th day of October , 1972.
Mayor
Z-M
PFB:mh
9/28/72
1
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CITY OF NEWPORT BEACH DRAW" A EAM -T DATE /u p•<. 7/
PUBLIC WORKS DEPARTMENT Amovv>— . - - -
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PROPERTY FOR SALE Ass`rNcirr wANwae#t
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TO 1012 FC (5J2)
Col if.mig Land Till. A .... iglion
Sland.,d Coverage Polity Form
Copyright 1963
POLICY OF TITLE INSURANCE
ISSUED BY
Title Insurance and Trust Company
Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable
Consideration paid for this policy, the number, the effective date, and amount of which are shown in
Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal
representatives of such Insured, or if a corporation; its successors by dissolution, merger or consolidation,
against loss or damage not exceeding the amount stated in Schedule A, together with Costs, attorneys'
fees and expenses which the Company may become obligated to pay as provided in the Conditions and
Stipulations hereof, which the Insured shall sustain by reason of;
1. Any defect in or lien or encumbrance on the title to the estate or interest coveted hereby in the
land described or referred to in Schedule C, existing at the date hereof, not shown or referred to
in Schedule B or excluded from coverage in Schedule B or in the Conditions. and Stipulations; or
2. Unmarkerability of such title; or
3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the
owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the
lien or charge of said mortgage upon the estate or interest referred to in this polity; or
4, Priority over said mortgage, at the date hereof, of any lien or encumbrance not .shown or referred
to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage
being shown in Schedule B in the order of its priority;
all subject, 'however,'to „the,provisfoq ;.of Schedules A; B and C and to the Conditions and Stipulations
hereto annexed, -
In Witness Wbereof, Title Insurance and Trust Company has caused its
corporate name and seal . to be hereunto affixed by its duly authorized officers
on the date shown in Schedule A.
Title Insurance and Trust Company
by
le.
� PRESIDENT
Attest
� /[�'^ q, , /+ /y SECRE'CARY
TO I015-I. AD C
,Sod d canto" W 11 0 An*d°"°"
ivaa
SCHEDULE A
$ 545.00
Effective
Amount $175,00n.On Date OCTOBER 9, 1972 AT 2:00 A.M. Policy No. 505859
INe U R N D
CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION.
1, Title to the estate or interest covered by this policy at the date hereof is vested in:
CITY OF ME-192ORT BEACH, A MUNICIPAL CORPORATION.
E. The estate or interest in the land described or referred to in Schedule C covered by this policy is
a fee.
SCHEDULE B
This policy does not insure against lose or damage by reason of the following:
PART I
1. Taus or assessments which are sot shown as eristing liens by the records of any taring authority that
levies taus or assessments an real property or by the public records.
2. Any facts rights, fntwwts, or claims which are not shown by the public records but which could be
ascertained by an inspection of mid land or by making inquiry of persons in possession thereof.
3. Fasements, claims of easement or encumbrances which are not shown by the public records.
f. Discrepancies, ..conflicts in boundary lines, shortage in area, encroachments, or, any other facts which a
correct survey would disclose, and which are not shown by the public remrds.
6. Unpetented mining claims: reservations or e=eptions in patents or in Acts authorizing the issuance
thereat: water rights, claims or title to water.
To 1012-15 C.tvl. C
Cnllf —m land Tills An.O.Oen
Aa6d.,d C--ii. PdH,1963
S C H R n U L F., B— (Cbntiniired )
PATTI II
1. GENERAL ANr) SPECIAL TAXES FOR THE FISCAL YEAR 1072 -1973, A LIFPI
PIOT YET PAYAFtL!".
2. THE USr A.i1D COF!TP.OL OF CIF!1FGA5 AND P!ATUP,AL STREAMS OF S!ATEp, IF AMY,
HATUP,ALLY UPOM, FLOWING ACROSS, INTO OR BY SAID LAND, AND TH7 RIGHT
OF !1AY FOP AND TO CONSTRUCT IRRIGATION OR DRAI'9A(7F DITCHES THROUGH
^.1^ I!''r) TO I"^ICATE O°. ')I'A.I'! THE .nnJA.CF. "'T L "p, l3 RFSrP.VED I`1 THE
DEED RECORDED IN BOOK. 30, PAGE 220, DEEDS.
3. AN EASEMENT FOR ROADS, RAILROADS MM BITCHES AS RESFRVED IN THE
I "5TRI111711T A"rVF= (171 IO:ED, OV P ThIL- NEST 20 FEET OF SAID LAND.
Amerkan Laml f9tle Awoclatlon Lean P.11g0970
With ALTA Endowment -'Form I Co rasa:
W
A,mr,l n Land Title Anaclatlen Owmr'. Palls/
Form &1970
s
Calltwnla Land Title ll of tl
Standard Covera0e PoIkV -19N
SCHEDULE C
The land referred to in this policy is described as follows:
THAT PORTIO: OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTH -
EAST QUARTER OF S7CTIO5 13, TOWNSHIP 6 SOUTH, RANGE 10 WFST, It' THE
RANCHO LAS ROLSAS, CITY OF HUNTINGTON PEACH, COUNTY OF ORANGE, STATE
OF CALIFORMIA, AS PER MAP RECORDED IN BOOK. 51, PAGE 14, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DFSCP.IBFD
AS FOLLOKIS ;
Rrr- 111111!'(- AT TH7 INTF.rSFCTT0N OF THE WEST LIPF OF SAID NORTHWFST
QUAa,TE: `:IT I T"F UEST=LY PVOLOPGA:TION OF TqC NORTH LINE OF THE
LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED
RECORDED AUGUST 7, 1023, IN BOOK 431, PACE 276, OF nEEDS OF SAID ORANGE
COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATIOAI AND SAID NORTH
LI4F TO THE NORTHEAST CORNER. OF SAID LAND; THENCE SOUTH 440.00 FEET
ALONG THE EAST LINE OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF
OF THE NORTH'YEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST 495.00
FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST QUARTER;
THENCE NORTH 440.00 FEET ALONG SAID WEST LIME TO THE POINT OF BEGINNING.
FACFPT FROM THAT PORTION? THEREOF LYING NORTHERLY OF THE SOUTHERLY
165.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON
THE WEST, AS SAID ROAD FXISTFD ON MARCH 13, 1922.
SAID LAND IS SHOOP ON A MAP FILED IN ROOK 7, PAGE 37, OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
CLTA 107.6 (4.10.69)
(0-71)
ALTA OR STANDARD COVERAGE
INDORSEMENT
ATTACHED TO POLICY NO. 5 0 5 8 5 9
ISSUED BY
Title Insurance and Trust Company
The following exclusion from coverage under this policy is added to Paragraph 3 of the
Conditions and Stipulations:
"Consumer credit protection, truth in lending or similar law."
The total liability of the Company under said policy and any indorsements therein shall not
exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated
under the conditions and stipulations thereof to pay.
This indorsement is made a part of said policy and is subject to the schedules, conditions and
stipulations therein, except as modified by the provisions hereof.
sle:�
Title Insurance and Trust Company
By �°4 qp-1-7 ~
SECRETARY
TO 246 VC
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TIThis is not a survey of the lend but is compiled for G
Title Insurance and Trust Company from date shown by tl
1010 I -a 94 0.00
2 EET
ie so'
rmation by the
official records.
FORM 169
RESOURCES AGENCY OF CALIFORNIA
DEPARTMENT OF CONSERVATION
DIVISION OF OIL AND GAS
REPORT OF WELL ABANDONMENT
_ 830 North La Brea, _Inglewood 90302_ ......... California
October 3. 1972
PAC IFIC_S�JPDI,��QQgE�jy$ —_ --
3225 Ocean Blvd
-9 2rona_dg1 Mat_ BA 92fi25 --
DEAR SIR:
Your report of abandonment of Well No -------- _'_Cty_of_a9rx1__7 __�QgQ_- QQgzgl_
Sec._-- 1 @ - - - -, T. - - - -6 . - - -, R ---- L0x_, _- s_iL_B. & M., -------- Id$st_N&wpDrt-- --------- - ---- field,
-------- Orange dated ---- s- ep- t. -_1Z,- _-197 received ---- Sept- -_28r- -19,72,
has been examined in conjunction with records filed in this office.
A review of the reports and records shows that the requirements of this Division,
which are based on all information filed with it, have been fulfilled..
ADS :rk
cc Headquarters
Production Dept.
Conservation Comm,
Orange Co. Dept of Bldg & Safety
Dept of Oilfield Control
JoHm F. MATrmEws, JR.
BLANKET BOND State Oil and Car SupervWr
By_. -
Deputy Superotaor
NOO 0:11 M 04,
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used in this
policy mean:
(a) "land ": the land . described, specific-
ally or by reference, in Schedule C and
improvements affixed thereto which by law
constitute real property;
(b) "public records ": those records
which impart constructive notice of matters
relating to said land;
(c) 'knowledge"; actual knowledge, not
constructive knowledge or notice whith
may be imputed to the Insured by reason
of any public records;
(d) 'dote": the effective date;
(e) "mortgage'', mortgage, deed of trust,
trust decd, or other security instrument; and
(f) "insured ": the party or parties named
as Snsurrd, and if the owner of the in-
debtedness secured by a mortgage shown in
Schedule B is named as -an Insured in
Schedule A, the Insured shall .include (1)
each successor in interest in ownership of
such indebtedness, (:2) any such owner who
acquires the estate or interest referred to
in this policy, by foreclosure, trustee's sale.
or other legal manner in satisfaction of
said indebtedness, and (3) any federal
agency or instrumentality which is an im
surer or guarantor under an insurance con-
tract or guaranty insuring or .guaranteeing'
said indebtedness, or any part thereof,
whether named as an insured herein or not,
subject otherwise to the provisions hereof.
2, BENEFITS AFTER ACQUISITION OF TITLE
If an insured owner of the indebtedness
secured by a mortgage described in Sched-
ule B acquires said estate or interest, or
any part thereof, by foreclosure, trustee's
sale, or other legal manner in satisfaction
of said indebtedness, or any part thereof,
or if a federal agency or instrumentality
acquires said estate or interest, or any part
thereof, as a consequence of an insurance
contract or guaranty insuring or guarantee
ing the indebtedness ;secured by a mortgage
covered by this policy, or any part thereof,
this policy shall continue in force in favor
of such Insured, agency or insnumentanly,
subject to all of the conditions and stipula.
tioas hereof.
3, EXCLUSIONS FROM THE COVERAGE OF
THIS POLICY
This policy does not insure against loss
or damage by reasons of the following:
(a) Any law, ordinance or governmental
regulation (including but not limited to
building and zoning ordinances) restricting
or regulating or prohibiting . the occupancy,
use or enjoyment of the land, or regulating
the character, dimensions, or location of
any improvement now or hereafter erected
on said land, or prohibiting a separation in
ownership or a reduction in the dimensions .
oc area of any lot nr parcel of land.
(h) Governmental rights of police power
or eminent domain unless notice of the
exercise of such rights appears in the public
records at the date hereof.
(c) Tide to any property heyond the
lines of the land expressly described in
Schvdrlr C, or title m streets, roads, ivi
nuns, hmrs, way's or wntcrw.iys on %hith
such land abuts, or the tight ut maintain
therein vaults, tunnels, r:nnps or any other
structure or improsrmenr, of any rights or
easements therein unless this puliry specific
ally provides that such property. rights or
easements are mwred, except that if the
land ihots upon one oc more physically
open srrcels or highways this polity insurer
the ordinary rights of abutting mvners for
access err one of such srrrets or highways.
unless . otherwise exicpted oc ixeluded
herein.
(d) Defects, liens, encumbrances, adrrNo'
claims against the title as insured or other
matters ( I I created, suffered, assumed or
agreed to by the Insured claiming loss or
damage; or (2) known to the Insured
Claimant either at the date of this policy
or at the date such Insured Claimant ac-
quired an estate or interest insured by this
policy and not shown by the public records.
unless disclo,,,u the- eof in writing by the
Insured shall have been made to the Com-
pany prior to the date of this policy: or O
resulting in no loss to the Insured Claim-
ant; or (4) attaching or created subsequent
tv the date hereof.
(e) Loss or damage which would not
have been sustained if the Insured were a
purchaser or encumbrancer for value with-
out knowledge.
4. DEFENSE AND PROSECUTION OF ACTIONS
— NOTICE OF CLAIM TO BE GIVEN BY
THE INSURED
(a) The Company, at its own cost and
without undue delay shall provide (1) for
the defense of the Insured in all litigation
consisting of actions or proceedings com-
menced against the Insured, or defenses,
restraining orders, or injunctions interposed
against a foreclosure or sale of the mort.
gage and indebtedness covered by this policy
or a sale of the estate or interest in said
land; or (2) for such action as may be
appropriate to establish the title of the
estate or interest or the lien of the lams
gage as insured, which litigation or action
in any of such events is founded upon an
alleged defect, lien or encumbrance in-
sated against by this olicy, and may pur-
sue any litigation to final determination in
the court of last resort.
(b) In case any such action or proceed-
ing shall be begun, or defense interposed,
or in case knowledge shall come to the In
sured of any claim of title or interest which
is adverse to the title of the estate or in-
terest or lien of the mortgage as insured,
or which might cause loss or damage for
which the Company shall or may be liable
by virtue of this polity, or if the Insured
shall in good fairh contract to sell the in
debtedness secured by a mortgage covered
by this policy, or, if an Insured in good
faith leases or contracts to sell, lease or
mortgage the same, or if the successful
bidder at a foreclosure sale under a mort-
gage covered by this policy refuses to put.
chase and in any such event the title to
said estate or interest is rejected as un-
marketable. the Insured shall notify the
Company thereof in writing. If such notice
shall not he gfvi-n nr the Company within
ten days of the receipt of prrt-s or plead-
ings or if the Insured shall not in writing:
pnnnplly warily the Comp.my of :my di-
fen. lien or enr•umbiance insured against
which shall come fo the knowledge of the
Insured, or if the Insured shall not, in
writing. promptly notify the Company of
any such rejection by reason of claimed on
marketability of title, then all liability of
the Company in regard to the subject matter
of such action proceeding or matter shall
lease grid terminate; provided, howl ver.
that failure to notify shall in no case
pcejndice the claim of any Insured unless
the Company shall he acurally prejudiced
by such failure and then only to the r :etrnt
of such pri polio.
(c) The Company shall have thr right
at its own lost to institute and prosecute
any action or proceeding or du any other
act which in its. opinion may be necessary
or desirable to establish the title of the
estate or interest or the lien of the mort-
gage as insured; and the Company may
rake any appropriate action under the terms
of this policy whether or not it shall be
Gable thereunder and shall not thereby
concede liability or waive any provision of
this policy.
(d) In all loo rs wlierr this policy per-
nits or requires the Company nt prosecute
or provide for the drfi nse of any action
or proceeding. the Insetted shall secure to
it the right m set pnsecutr or provide de
Tense in such action or proceeding, and all
appeals therein, and permit it to use; at its
option, the name of the Insured for such
purpose. Whenever requested by the Com-
pany the Insured shall give the Company
all reasonable aid in any such action or
proceeding, in effecting senlrmint, securing
evidence, obtaining witnesses, or piosecu
ting or defending such action or proceed-
ing, and the Company shall reimburse the
Insured for any expense .set incurred.
5. NOTICE OF LOSS — LIMITATION OF
ACTION
In addition to the notices required unifier
paragraph 4(b), a statement in writing of
any loss or damage for which it is claimed
the Company is liable .under this policy
shall be furnished to the Company within
sixty days after such loss or damage shall
have been determined, and no right of
action shall accrue to the Insured under
this policy until thirty days after such
statement shall have been furnished, and
no recovery shall be had by the Insured
under this policy unless action shall be
commenced thereon within five years after
expiration of said thirty day period. Failure
to furnish such statement of loss nr damage,
or to commence such action within the
time herembefore specified, shall be a con-
clusive bar against maintenance by the In-
sured of any action under this polity,
b. OPTION TO PAY, SETTLE OR COMPRO-
MISE CLAIMS
The Company shall have the option to
pay or .settle or compromise for or in the
name of the Insured any claim insured
against or to pay the full amount of this
policy, or, in case loss is claimed under this
policy by the owner of the indibt-dnr,s
secured by a mortgage noverrd by this
polity, the Company shall have the notion
it) purthise said indebtedoesss; such pur
ih5sr, paynunt or trndrr of payment of
ILoojilimiu and Stipuluhons Continue) and Concludrif on Lost Page of This Policy)
4
CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face)
the full amount of this policy, together
with all costs. attorneys fees and expenses
which the Company is obligated hereunder
to pay, shall terminate all liability of the
Company hereunder. In the event; after
notice of claim has been given to the Com.
pany by the Insured, the Company offers
to purchase said indebtedness; the owner of
such indebtedness shall transfer and assign
said indebtedness and the mortgage securing
the same to the Company upon payment of
the purchase price.
7. PAYMENT OF LOSS
(a) The liability of the Company under
this policy shall in no case exceed. in all,
the actual loss of the Insured and costs and
attorneys fees which the Company may be
obligated hereunder to pay.
(b) The Company will pay, in addition
to any loss insured against by this policy,
All costs imposed upon the Insured in liti-
gation carried on by the Company for the
Insured, and all costs and attorneys' fees in
litigation carried on by the Insured with
the written authorization of the Company.
(c) No claim for damages shall arise of
be maintainable under this policy (1) if
the Company, after having received notice
of an alleged defect, lien or encumbrance
not excepted or excluded herein removes
such defect, lien or encumbrance within a
reasonable time after receipt of such notice.
at (2) for liability voluntarily assumed by
the Insured in settling any claim of suit
without written consent of the Company,
at (.3) in the event the title is tejected as
.unmarketable because of a defect, lien or
encumbrance not excepted of excluded in
this policy, . until there has been a final
determination by a court of competent jutis-
dicrion sustaining such rejection.
(d) All payments under this policy, ex.
cept payments made for costs, attorneys'
fees and expenses, shall reduce the amount .
of the insurance pro tanto and no payment
shall be made without producing this policy
for endorsement of such payment unless
the policy be lost of destroyed, in which
case proof of such loss at destruction shall
be furnished to the satisfaction of the Com-
pany; provided, however, if the owner of
an indebtedness secured by a mortgage
shown in Schedule B is an Insured herein
then such pavments shall not reduce pro
tanto the amount of the .insurance afforded
hereunder as to such Insured, except to the
extent that such payments reduce the amount
of the indebtedness secured by such mott-
gage. Payment in full by any person of
voluntary satisfaction of release by the In-
sured of a mortgage coveted by this policy
shall terminate all liability of the Company
to the insured owner of the indebtedness
secured by such mortgage, except as pro-
vided in paragraph 2 .hereof.
(e) When liability has been definitely
fixed in accordance with the conditions of
this policy the loss of damage shall be pay
able within thirty days thereafter.
B. LIABILITY NONCUMULATIVE
It is expressly undetsmod that the
amount of this policy is reduced by any
amount the Company may pay under any
policy insuring the validity of priority of
any mortgage shown or referred to in
Schedule B hereof of any mortgage here
.after executed by the Insured which is a
charge of lien on the estate or inretest .
described or referred to in Schedule A, and
the amount so paid shall be deemed a pay-
ment to the Insured under this policy. The
provisions of this paragraph numbered 8
shall not apply to an Insured owner of an
indebtedness secured by a mortgage shown
in Schedule B unless such Insured acquires
title to said estate or interest in satisfaction
of said indebtedness of any part thereof.
9. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have settled
a claim under this policy. all fight of sub•
rogation shall vest in the Company on.
affected by any act of the Insured, and it
shall be subtogated to and be entitled to
all rights and remedies which the Insured.
would have had against any person or piop-
etry in respect to such claim had this polity
not been issued. If the payment does not
cover the loss of the Insured, the Company
shall be subtogated to such tights and
remedies in the proportion which said pay,
ment bears to the amount of said loss. If
loss should result from any act of the In
suted. such act shall not void this policy.
but the Comp:my. in that event, shall be
required to pay only that parr of any, losses
insured against hereunder which shall ex.
teed the amount, if any, lost to the Com-
pany by reason of the impairment of the
right of subrogation. The Insured, if re.
quested by the Company, shall transfer to
the Company all rights and remedies
against any person or property necessaty in
order to perfect such tight of subrogation,
and shall permit the Company to use the
name of the Insured in any transaction or
litigation involving such tights or remedies.
If the insured is the owner of the in-
debtedness secured by a mortgage covered
by this policy, such Insured may release at
substitute the personal liability of any
debtor of guarantor, or extend or otherwise
modify the terms of payment, or release
a portion of the estate or interest from the
lien of the mortgage, or release any col-
lateral security for the indebtedness, pro-
vided such act does not result in any loss
of priority of the lien of the mortgage.
10. POLICY ENTIRE CONTRACT
Any action or actions or tights of action
that the Insured may Have or may bring
against .the Company arising nut of the
status of the lien of the mortgage covered
by this policy of the title of the estate at
interest insured herein must be based on
the provisions of this policy.
No provision or condition of this polity
can be waived or changed except by writing
endorsed hereon or attached hereto signed
by the President, a Vice President, the
Secretary, an Assistant Sectetary or other
validating officer of the Company.
11. NOTICES, . WHERE SENT
All notices required to be given the Com-
pany and any statement in writing required
to be furnished the Company shall be ad-
dressed to it at the office which issued this
policy of to its Home Office, 433 South
Spring Street, Los Angeles, California 90051.
12. THE PREMIUM SPECIFIED IN SCHEDULE
A 15 THE ENTIRE CHARGE FOR TITLE SEARCH,
TITLE EXAMINATION AND TITLE INSURANCE.
TI
Title Insurance and Trust Company