HomeMy WebLinkAboutC-844 - Redevelopment Block 224, Section A & B1, 324 Lancasters AdCITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
August 29, 1963
To: City Clerk
From: City Attorney
Subject: Resolution and grant deed, Lot 1, Block 224,
Section A, Newport Beach
Transmitted is a grant deed which, if executed by the City,
will convey the City's interest in Lot 1 of Block 224 as shown
on the Map of Section A. Newport Beach, recorded in Book 4,
page 21, Records of Orange County. There is also transmitted
a resolution authorizing the execution of the deed. These
were prepared in accordance with the provisions of paragraph
4 of the contract with Coast Capital and Mr. Singer dated
April 25, 1963. The deed reserves a street easement over
the property for the City.
It is suggested that the matter be submitted to the City Coun-
cil at the meeting of September 10.
WWC:mec
Encs.
cc - City Manager
COUNCIL:
-10 -6 3
Walter W. Charamza
City Attorney
9 RECEIVED :\\
CITY ctERx
1963
AUG 3
url OF \
flE&ORT BEACH,
ChOv.
a
City of Newport Beach
Newport Beach, California
Gentlemen:
6
315 South Btwrly Drive
Beverly Mills. California
April 250 1963
Them Is enclosed the contra; together with the Grant of Easement
whiff ware transmitted to us by your City Attorney under date of
!larch 99, 1963, both, of which have been dated April 25. 1963. The
Contract he$ bean onaeoted by Coast Capital InC,. and Noel Singer.
The Grant of Easement has been executed by Coast Capital Inc, since
title to the property is of record In the name of that corporation
only,
The Brant of Easement Is transmitted with the understanding that
the City shall not accept nor record the Grant nor shelf the Grant
bec0* effective until both the vacation proceedings have boon
Completed and the property shall have been re -zoned COZ.
Would you please acknowledge receipt of this understanding by
signing and returning the carbon copy of this letter.
Very truly yourst
COAST L.APITAL !By
Pros
The above mentioned Grant of Easement
Is received under the conditions stated.
CITY OF NCWPORT BEACH
By
Mayor
Attest:
ty C er
CITY
/ 9/63 (6)
1 SAN! DEED
2
3 FOR A VALUABLE CONSIDERATION, receipt of which is hereby
4 acknowledged, the CITY O!'i&Wpal BEACH, a municipal cosporation,
5 hereby grants to COAST CAPITAL, IX ,s a California corporation, the
6 following described real property in the City of ggwport Beach,
71 County of Orange, State of California, which is the same property
8 conveyed to the City of Newport Beach bed that certain deed recorded
9 in Book 438, page 174, of Deeds, Records of said County, to vita
10l All that portion of Lot 1 in Block 224 as per
11
Mop of Section A- Newport Beach as Recorded.in
Miscellaneous Maps Book 4-page 21, Records of
Orange County, California and described as
12 beginning at the southwesterly corner of said
13 Lot 1; thence easterly along the southerly
line of said Lot 1 to the southeasterly corner
14 thereof; thence northerly along the easterly
line of said Lot 1 a distance of 3,35 feet to
15 a point; thence westerly in a direct line a
distance of 102.22 feet to the southwesterly
16 corner of said Lot 1, the place of beginning;
17 i�.ESERVING unto the Grantor City of Newport Beach an
easement for public street and highway purposes in,
181 over, and under said real property,
19
Dated: September
'(" , 1963.
20
CITY OF NEIRORT BEACH
21
By
22;
Mayor
Attest:
23
-�^.o�� -
24
t- r lE
STATE OF CALIFORNIA )
25
„ se
COUIM OF ORANGE }
261
27 On September ( , 1963, before me, the undersigned, a
Notary Public in and for= said County and State, personally appeared
28 CHARLES E. HART and MARGERRY SCtROUDER, known to me to be the Mayor
and the City Clark, respectively, of the CITY OF NEWP(RT 11AACH and
29 to be the pe ems whose names are subscribed to the within instru-
ment, and acknowledged that they executed the same on behalf of the
City of NeAjort Beach.
30
31, VIMSS my hand and official seal,
32
Notary Public in and for
said County and State
1'6P7 . +�`i�i -i a•f '. N;i c� .i::IlGGiy a¢v9
1
WW :gee
S! 9%63 (12)
RESOLUTION NO. 5$63
l ti' A RESOLUTION Or THE CITY COUNCIL OF THE CZW OF
2I NEFiPO3RT BENCH AMMOR1ZING THE EUCUTION 01' A
GRANT DEEM
3
4 WHOYAS, the City of Newport Beach pursuant to a ccrtract
5 dated the 2.5th day of April, 1963, avt L ^nixed by City Council
61;' ReSOlution Rio. 57'73; agreed to convey to Coast Capital, Inc., a
7 California eorpor tien, the following describes? reel property in
8 the City, of Newport Beach, County of Orange, State of California;
9
10
11
12
13
14
15
16
17
M
19
21
22
23
24
25
26
27
28
29
30
31
32
All that portion of Lot 1 in Black 224 as per
hap of Sections A- Newport Beach as Recorded in
hiscellaneouis maps Book 4-page 21, Record* of
Orange County, California and described as
beginning at the southwesterly corner of said
Lot 11 thence easterly along the southerly
line of said Lot 1 to the southeasterly corner
thereof; thence northerly along the easterly
line of said Lot 1 a distance of 3.35 feet to
a point; thence westerly in a direct Hae, a
distance of 102.22 feet to the southwesterly
corner of said Lot 1, the place of beginning;
RESERVING unto the Grantor City of Newport Beach art
easement for public street and highaaey purposes in,
over, and under said real property;
WHRREAS $ in order to carry out said agreeemen:, it is
necessary to execute and deliver a grant deed conveying said
property as aforesaid;
NOW$ THBRWORE5 BE IT RBSOLVKD that the Mayor and City
Clerk be and are hereby authorized and directed to execute a grant
deed on behalf of the City of Newport Beach pursuant to said
contract.
ADOPTED this 10t11 day of September, 1963.
ATTEST s
1 r
city Clerk
C -843
See Contract File for
Cliffhaven & Shoreeliff Plans
:mum
�. "o
31 8/63 (7)
i
1 CONTRACT
2
3 THIS AGREEMENT, made and entered into this k r ' day of
4 1963, between the CITY OF NEWPORT BEACH, a municipal
5 corporation, hereinafter referred to as "City ", and COAST CAPITAL,
6 INC., a California corporation, and NOEL SINGER, hereinafter
7 jointly referred to as "Property Owner ";
8 WHEREAS, property owner owns all of the real property
9 in Block 224 of Section "A" of Newport Beach and Block 324 in
10 Lancaster's Addition to Newport Beach, as per maps recorded in
11 Miscellaneous Maps, Book 4, page 21, and Book S, page 14,
12 respectively, records of Orange County, California, a sketch
13 showing all of said property being attached hereto and marked
14 Exhibit "A" and showing certain parcels identified by numbers
15 within circles, which numbers will be used hereinafter for con -
16 venient reference to specific parcels of real property; and
17 WHEREAS, City contends the areas shown on said Exhibit
18 "A" as parcels 4 and 4A which separate said Blocks 224 and 324
19 are street right -of -way known as Lafayette Avenue; and
20 WHEREAS, property owner intends to redevelop said blocks
21 and, without admitting the existence of a street easement over
22 said parcels 4 and 4A, has requested City to vacate and abandon
23 the street easement or claimed street easement on that portion
24 shown on Exhibit "A" as parcel 4 and that portion of 28th Street
25 shown on Exhibit "A" as parcel 3; and
26 WHEREAS, it is in the public interest to encourage the
27 enlargement of parcels of land for better redevelopment thereof
28 and, in order to redevelop said property and provide adequate
29 street width and frontage, it is necessary that 28th Street which
30 lies generally at the northerly end of said blocks be widened by
31 twenty -eight (28) feet, more or less, along the southerly side
32 thereof as shown on Exhibit "A" and improved with modern street
Wwramec..
4/1/63;(7)
1 improvements; and
2 WHEREAS, it would be impractical and not in the public in-
3 terest to vacate and abandon the street easement as claimed by City
4 lover said portions of Lafayette Avenue and that portion of 28th St
5 unless the area of Blocks 224 and 324 were resubdivided or the lot
6 lines realigned so that each parcel therein has street frontage;
7 NOW, THEREFORE, in consideration of the mutual covenants
8 and promises hereinafter set out, the parties agree as follows:
9 1. Property owner agrees to process a map through the
10 City Planning Commission and City Council seeking to alter the lot
11 lines of Blocks 224 and 324 to create one block divided into two
12I1lots, which map will be filed as a record of survey, and further wi
13 apply for rezoning of said property.
14 2. City agrees to consider and process property owner's
15 application for resubdivision or the realignment of the lot lines
1611within said blocks as aforesaid and for the vacation and abandon-
17 ment of said street easement described above, it being understood,
18 however, that any vacation and abandonment of said easement over
19 parcel 4 shall be subject to reservation of an easement for all
2011 utilities including water and sewer lines which are now located
21ilwithin said parcel 4. If said street easement over said parcels 3
22 and 4 is abandoned, City agrees to execute and deliver to property
23 owner a quitclaim deed releasing all interest in said parcels
24 except the easement for utilities as to parcel 4 as aforesaid.
251JUpon relocation of all of said utilities to the satisfaction of
2611the owners thereof, City agrees to process further vacation pro-
27 11 ceedings to abandon the easement for utilities. City further
28 agrees to consider and process the application for rezoning and to
29 act thereon after it is processed according to the applicable
30 provisions of the Newport Beach Municipal Code. The application
31 for resubdivision as aforesaid, the application for vacation of
3211said claimed easement, and the application for said rezoning shall
2.
L
i !
I be processed concurrently insofar as it is practical to do so. It
2 is mutually understood, however, that the approval of each thereof
3 lies within the discretion of the Planning Commission or City Counci
4 as their jurisdiction over such matters exists, and the City is not
5 hereby obligated to act thereon in any designated manner.
6 3. City agrees to accept the easement for street and
7 highway purposes over parcels 1, 2, and 6 as shown on Exhibit "A"
8 under the terms and conditions set out in the grant of easement
9 attached hereto as Exhibit "B ".
10 4. City agrees to convey to property owner that certain
11 triangular strip of land along Lot 1 of said Block 224 that has a
12 3.35 -foot dimension on the easterly side thereof which was conveyed
13 to City by deed recorded in Book 438, page 174, of Deeds, Records
14 of Orange County, California, reserving from said conveyance an
15 easement for public street and highway purposes in, over, and under
16 said strip.
17 5. Property owner agrees to improve parcels 1, 2, 4A,
le and 6, and that portion of 28th Street shown on Exhibit "A" lying
19 southerly of the center line thereof, with standard curb, gutters,
20 sidewalk, and paving in accordance with plans and specifications
21 therefor approved by the Director of Public Works of City, which
22 approval will not be unreasonably withheld. All of said improve -
23 ments are to be completed prior to the time property owner does
24 any development or new building construction in said Block 224 or
25 Block 324 other than a building used solely for servicing boat
26 slips that may be constructed along the waterfront of said Block
27 324 or in any event within six (6) years after the date the resolu-
28 tion of the City Council is adopted abandoning said street easement
29 over parcel 4.
30 At or before the time the City Council adopts a resolution
31 vacating and abandoning the claimed street easement over said parcel
32 4, property owner shall post security in the principal amount of
3.
1 $6,000.00 in one of the forms set out in Section 9253.52 of the
2 Newport Beach Municipal Co (le to guarantee clearing of the land and
3 the construction and completion of the improvements on parcels 1,
4 2, 4A, and 6 as required in this contract and within the time herebi
5 required.
6 6. The agreement of-property owner to improve said
7 parcels 1, 2, 4A, and 6, and that portion of 28th Street described
8 above, is conditioned upon the City's vacating and abandoning the
9 street easement over parcel 3 and the easement claimed by City as
10 aforesaid over parcel'4 shown on Exhibit "A ", subject to the
11 reservation of an easement for said utilities as aforesaid.
12 7. Property owner's obligation to make the improvements
13 hereivabove described may be satisfied by said improvements' being
14 completed within the time allowed herein pursuant to an assessment
15 district in which the real property in Blocks 224 and 324 is
16 assessed a share of the cost of said improvements as may be deter -
17 mined in said proceedings. If 28th Street or Lafayette Avenue is
18 hereafter improved by assessment district "proceedings and property
19 owner has theretofore completed the improvements required hereunder
20 and such improvements are then in a condition to be an integral and
21 useful part of the improvements of said street and avenue, the
22 reasonable cost thereof shall be credited against any amount that
23 is assessed in said proceedings against property in said Blocks 224
24 and 324 for any such improvements on said 28th Street or said
25 Lafayette Avenue.
26 8. The obligations of property owner assumed in this
27 contract are joint and several and are assumed jointly and indi-
28 vidually by Coast Capital, Inc., and Noel Singer.
29 9. The rights and obligations of this contract shall
30 accrue to the benefit of and be binding upon the successors and
31 assigns of the parties hereto.
32 IN WITNESS WHEREOF, the parties have executed this
4.
1
2
4
5
6
7
to
it
12
13
14
15
16
17
18
19
20
21
22
23
24''
251
26,
27
28
29
30
31
321
contract as of the day and year. first above written.
CITY OFFf ORT BEACH
By ! &0-
Mayor
Attest: n
City Clerk
CITY
COAST 9APITAL , C.
By f —
rest ent
Attest::
s/i- ti
s5 7- secretary
Ariz Ax�
NOEL SINGER
5.
PROPERTY OWNER
WWC:mec • i
5/7/63
RESOLUTION NO. 5773
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EXECUTION OF A
CONTRACT WITH COAST CAPITAL, INC., AND NOEL SINGER
WHEREAS, there has been presented to the City Council of
the City of Newport Beach a certain Contract between the City of
Newport Beach and Coast Capital, Inc., and Noel Singer, providing
for the redevelopment of Block 224 of Section "A" of Newport Beach
and Block 324 in Lancaster's Addition to Newport Beach, including
the processing of applications for rezoning of said property and
resubdivision or realignment of the lot lines within said blocks,
the vacation and abandonment of street easements over portions of
Lafayette Avenue and 28th Street, and the granting of an easement
for street and highway purposes for the widening of 28th Street
and the improvement of said easement with street improvements;
and
WHEREAS; the City Council has considered the terms and
conditions of said contract and found them to be reasonable and
consistent with the public interest;
NOW, THEREFORE, BE IT RESOLVED that said contract be
and hereby is approved and the Mayor and City Clerk are authorized
and directed to execute the same on behalf of the City.
ADOPTED this 13th day of May, 1963.
ATTEST:
Mw• -g �� S
�� City Clerk
412 X163 .(8)
1:
2
31 For valuable consideration, receipt of which io hereby
4ijacknowledged, COAST CAPITAL, iNC., a California corperatiOnt grantors
5 111.2 eby greats to the CITY OF XXkVMT DFACH9 a municipal corporation,
6;an Mseaeat for street and highway purposes over the folloviag
7'�described real property in the City of Newport Beach, County of j
g {Orange, State of California:
9
Parcel l:
10
A portion of Lot 14 in Block 2240 section As Newport
11 Bea h, as showai on a map thereof, recorded in Soak 4,
Page 21 of Miscellaneous e
�� 9 Maps, Records o€ Orange
12�! County, California, more particularly described as
II vusa>
13,1; follo
Beginning at the Southwesterly corner of said Lot
14;, 14; thence Forth 0° 239 30" Bast along the Westerly
line of said Lot 14, a distance of 20.90 feet to the
15', Northwesterly corner thereof; thanes North 76` 14°
00t1 East along the Northerly lire of said lot 140 a
161 distance of 103.13 feet to the Northeasterly corner
thereof; thence South 0° 239 30" West along the
171 Easterly line of said Lot 14, a distance of 28.38
feet; thence South 76 °14° On" test along a line
18� parallel with and 17.52 feet Southerly of the North -
erly line of said Lot 14, a distance of 68.87 feet
19 -� to the Southerly lisle of said Lot 14; thence North
1i 890 361 30t4 West along the said Southerly line, a
20:1 distance of 33.22 feet to the point of beginning.
211
I _Parcel 2:
22;; A portion of Lots 10 and 11 in Block 324, Lancaster °s
23; Addition to Newport Beach, as shown on a snap thereof,
j recorded in Book 59 Page 14, of Miscellaneous Maps,
24 Records of Orange County, California, more particu-
larly described as follows:
25'
Beginning at the Northwesterly corner of said Lot 10,
261 said point be the intersection of the Northwest -
erly line of ;-& I Lot 10 with the Westerly line of
27j; said Lot 10; thence North 76' 14° 001/ East along
the Northwesterly line of said Lot 10 and Lot 11, a
28' distance of 58.17 feet to a point on s curve concave
29 Northwesterly and having a radius of 166.24 feet, a
radial line from said point bears North 470 121 2219
West; thence Sauthwesterly along said curve through
30:1 an angle of 24' 041 2491 a distance of 69.85 feet to
the Westerly line of said Lot 10; thence North 0 O
31;j 230 30" East along said Westerly line, a distance of
26.09 feet is the point of beginning.
32
j
I
EXHIBIT "B"
1i
13
14
15
16
17
18
19
20
21L
22
23
24
25j
26;
i
27
281
29
30.
32!
;notice to grantor that the areas within said parcels are needed
for street purposes by mailing said notice by first -class mail
with postage fully prepaid to Coast Capital, Inc., 315 S. Beverly
IDrive, Beverly Hills, California, or such other address as grantor
(may designate in writing.
Dated:
(SMALL)
STATE OF CALIFORNL>
: as
COUNTY OF _ )
, 1463.
COAST CAPITAL, INC.
By —
Attest:
secretary
an , 1963, hefore me, the undeersig^nsd, a
Notary Public in iW for sa$d County and State, personally appeared
and ,
J._to tea` to be CFie "— ann ► __ _., _
~c pec va y, o t- ��: corporation t 9le exe�cuFed
the thin' lnsitriiie_ t, known to me to be the persons who executed
the within instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors,
WITNESS my hand and official seal,
2.
Notary Public in and for
said County and State
I`I
1
Parcel 3:
2;
A portion of Loi 13 in Block 224, section A. Newport
Beach, as shown on a nap thereof, recorded in Book
4, Page 21 of Miscellaateous Maps, Records of Orange
Counaty, California, more particularly described as
4
follows:
5.
Beginning at the Northwesterly corner of said Lot 13;
1I
thence South 890 361 30" East along the Northerly
6!
line of said Lot 13 a distance of 33.22 fort, thence
South 760 14' 00" West along a line parallel with and
7.'
27.52 feet southerly of the 2�ortherly line of Lot 14
in said Block 224, a distance of 34.26 feet to the
8;
Westerly line of said Lot 13; thence North 00 23° 30"
East along said Westerly line, a distance of 8.38 feet
9;1
to the point of beginning;
10.;1reserving
unto grantor, its successors and assigns, with respect
111! to each of said parcels the exclusive right to use and occupy the
12lland thereof until sixty (60) days after grantee gives written
13
14
15
16
17
18
19
20
21L
22
23
24
25j
26;
i
27
281
29
30.
32!
;notice to grantor that the areas within said parcels are needed
for street purposes by mailing said notice by first -class mail
with postage fully prepaid to Coast Capital, Inc., 315 S. Beverly
IDrive, Beverly Hills, California, or such other address as grantor
(may designate in writing.
Dated:
(SMALL)
STATE OF CALIFORNL>
: as
COUNTY OF _ )
, 1463.
COAST CAPITAL, INC.
By —
Attest:
secretary
an , 1963, hefore me, the undeersig^nsd, a
Notary Public in iW for sa$d County and State, personally appeared
and ,
J._to tea` to be CFie "— ann ► __ _., _
~c pec va y, o t- ��: corporation t 9le exe�cuFed
the thin' lnsitriiie_ t, known to me to be the persons who executed
the within instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors,
WITNESS my hand and official seal,
2.
Notary Public in and for
said County and State
C -843
See Contract File for
Street Vacation —
Lafayette and 28th Street
September 18, 1963
Mr. Noel. Singer
315 South Beverly Drive
Beverly Hills, California
Dear Mr. Singer:
Enclosed is the original grant deed from the
City of Newport Beach to Coast Capital, Inc.,
which coneys the City's interest in Lot 1
of Block 224, Section A, in accordance with
the provisions of paragraph 4 of the contract
dated April 25, 1963, reserving to the City
an easement for public street and highway
purposes.
This grant deed was authorized by the City
Council by its resolution No. 5863 adopted
on September 10, 1963, a copy of which is
enclosed.
Very truly yours,
Walter W. Charamza
WWC:mec City Attorney
Enc.
cc - City Clerk:✓
,4Vty Clerk
City Attorney
City Clerk
September 16, 1963
Grant Deed, Lot 1, Block 224, Section A. Newport Beach
Attached it the executed Grant Deed to Coast Capital,
Inc. , which was authorised by Resolution No. 5863,
adopted by the Council on September 10, 1963.. .
MS:mv
Enc.
0
August 29, 1963
Mr. Noel Singer
315 So. Beverly Drive:,---
Beverly, Rills, California
Dear Mr. Sieger:
Transmitted are the following:
1. A copy of proposed grant deed conveying to
Cosst CaVital, Inc., a California corporation,
the City a interest in Lot 1 conveyed to the
City by deed recorded in Book 438, page 174,
of Dseds, and reserving to the City an ease -
sent for street and highway purposes over said
property,
2. A copy of proposed resblution of the City Coum-
cil authorizing the execution of the grant deed.
It is requested that you examine the copy of the docu-
meat and indicate whether it is acceptable to you in
this form. It will be before the City Council for
consideration on September 10 unless you indicate it
is not acceptable.
Very truly yours,
Walter W. Charamza
WWC:mec City Attorney
ames.
cc - City Manager
City Clerk
May 27, 1963.
Mr. Noel Singer
315 South Beverly Drive
Beverly Hills, California
.Dear Mr. Singer:
Attached is an executed copy of the contract dated
April 25, 1963 between the City of Newport .Beach,
Coast Capital, Inc.. and Noel Singer. Said contract
was authorized by Resolution No. 5773, adopted by
the Council of the City of Newport Beach on May 13,
1963.
Very truly yours.
Margery. Schrouder
City Clark
City of Newport Beach
MS:mv
Encs.
To:
From:
0
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DEPARTMENT
May 23, 1963
Subject: Contract with Coast Capital, Inc., and Noel Singer
Transmitted are the original and one copy of the subject contract,
both executed by Coast Capital, Inc., and Noel Singer. These
should be executed on behalf of the City as authorized by Reso-
lution No. 5773 and one executed copy should be sent to Mr. Singer
at 315 South Beverly Drive, Beverly Hills, California.
Also forwarded are the original and one copy of the transmittal
letter to the City from Coast Capital, Inc., and Noel Singer,
dated April 25, 1963, for your file on this matter. It is.not
nec._ gar to -.e �ta. and_.retvrn the..cppy- _Qf_the_ -.letter as Mr.
Singe, su ests�_- We- do-_net.- mant_.to �ree.even_by- implication
Fia - ..
t t C -O -Z is the proper zoning.
alter ' Charamza
WWC:mec City Attorney
Encs.
MNy2 VC6b ` }
C,s eFAttl,
•
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. C_844
Date May 28, 1963
Authorized by Resolution No. 5773 r adopted on May 13 1963
Date Mayor and City Clerk executed Contract May 24. 1963
Effective date of Contract May 24. 1963 (Contract dated April 25, 19631
Contract with Coast Cauital. Inc. and Noel Singer
Address 315 South Beverly Drive
Brief description of Contract Redevelopment of Block 224 of Section "A"
of Newport Beach and Block 324 in Lancaster's Addition to
Newport Beach.
Amount of Contract
Cit Clerk
0
City of Newport Beach
Newport Beach, California
Gentlemen:
0
315 South Beverly Drive
Beverly Hills, California
April 25, 1963
There is enclosed the contract together with the Grant of Easement
which were transmitted to us by your City Attorney under date of
March 29, 1963, both of which have been dated April 25, 1963. The
contract has been executed by Coast Capital Inc. and Noel Singer.
The Grant of Easement has been executed by Coast Capital Inc, since
title to the property is of record in the name of that corporation
only.
The Grant of Easement Is transmitted with the understanding that
the City shall not accept nor record the Grant nor shall the Grant
become effective until both the vacation proceedings have been
completed and the property shall have been re -zoned COZ.
Would you please acknowledge receipt of this understanding by
signing and returning the carbon copy of this letter.
The above mentioned Grant of Easement
is received under the conditions stated.
CITY Of NEWPORT BEACH
By
Mayor
Attest:
City
CITY
Very truly yours,
COAST I CAPITA
By -J
0 President
14 AA 14;
Secretary
el Singer
a
WWC:mec • •
3/29/63
RESOLUTION N0. 7 77—
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH DECLARING ITS
INTENTION TO ORDER THE CLOSING UP, VACATION
AND ABANDONMENT OF PORTIONS OF CERTAIN STREETS
KNOWN AS 28TH STREET AND LAFAYETTE AVENUE
The City Council of the City of Newport Beach, pursuant
to the provisions of the "Street Vacation Act of 1941 ", and all
amendments thereto, being Sections 8300 to 8331, inclusive, of the
Streets and Highways Code of the State of California, does hereby
resolve and declare as follows:
SECTION 1. The public interest and convenience require
the closing up, vacation and abandonment of portions of certain
streets known as 28th Street and Lafayette Avenue in the City of
Newport Beach, and it is the intention of the City Council of the
City of Newport Beach to order the following described portions of
said streets in the City of Newport Beach, County of Orange, State
of California, to be vacated, closed up and abandoned, to wit:
A portion of 28th Street, formerly known as 26th Street, name
changed by Ordinance No. 351, September 17, 1928, in the City
of Newport Beach; Orange County, California, more particularly
described as follows:
Beginning at the Northwesterly corner of Lot 10, in Block 324,
Lancaster's Addition to Newport Beach, as shown on a map
thereof, recorded in Book 5, Page 14, of Miscellaneous Maps,
Records of said Orange County, said point being the intersec-
tion of the Northwesterly line of said Lot 10 with the Westerly
line of said Lot 10; thence North 760 14' 00" East along said
Northwesterly line of said Lot 10 and along the Northwesterly
line of Lot 11 in said Block 324, a distance of 58.17 feet to
a point on a curve concave Northwesterly and having a radius
of 166.24 feet, said point being the true point of beginning
of this description, a radial line from said point bears North
47° 12' 22" West; thence Northeasterly along said curve
through an angle of 11° 30' 23 ", a distance of 33.38 feet to
an intersection with the Northwesterly prolongation of the
Northeasterly line of Lot 12 in said Block 324, a radial line
from said intersection bears North 58° 42' 45" West; thence
South 69° 05' 30" East along said Northwesterly prolongation,
a distance of 37.02 feet to the most Northerly corner of said
Lot 12; thence South 76° 14' 00" West along the Northwest-
erly line of said Lot 12 and along the Northwesterly line of
said Lot 11, a distance of 56.27 feet to the true point of
beginning of this description;
and
A portion of Lafayette Avenue, in the City of Newport Beach,
Orange County, California, more particularly described as
follows:
I
Beginning at the Southwesterly corner of Lot 1 in Block 324,
Lancaster's Addition to Newport Beach, as shown on a map
thereof, recorded in Book 5, Page 14 of Miscellaneous Maps,
records of said Orange County; thence South 850 03' 01"
West 40.17 feet to the Northeasterly corner of the land con-
veyed to the City of Newport Beach by Deed recorded November
1, 1922 in Book 438, Page 174, of Official Records of said
Orange County; thence North 0° 23' 30" East along the East-
erly line of Block 224, Section A, Newport Beach, as shown
on a map thereof, recorded in Book 4, Page 21, of Miscellane-
ous Maps, Records of said Orange County, a distance of 333.48
feet to a point, said point being South 0° 23' 30" West 28.38
feet from the Northeasterly corner of said Block 224; thence
North 76° 14' 00" East along a line parallel with and 27.52
feet Southerly of the Northerly line of said Block 224, a
distance of 14.75 feet to the beginning of a tangent curve
concave Northwesterly and having a radius of 166.24 feet;
thence Northeasterly along said curve through an angle of
90 21' 58 ", a distance of 27.18 feet to a point in the West-
erly line of said Block 324, said point being South 0° 23' 30"
West 26.09 feet from the Northwesterly corner of said Block
324; thence South 0° 23' 30" West along the Westerly line of
said Block 324, a distance of 342.12 feet to the point of
beginning.
All of those portions of said streets to be vacated,
closed up and abandoned are more clearly shown on a certain map
approved and adopted by the City Council of the City of Newport
Beach for said vacation, closing up and abandonment, by resolution
dated 1963, and designated "Resolution No. rr//
which said map is on file in the office of the City Clerk cf2e
City of Newport Beach. Reference is hereby made to said map for
further particulars as to the proposed vacation, closing up and
abandonment of said portions of said streets, and said map is made
a part of this resolution by this reference to the same extent and
purpose as if it were incorporated herein in full.
SECTION 2. The proceedings for the closing up and aban-
donment of the aforesaid portions of said streets shall be had and
taken, and the City Council of the City of Newport Beach hereby
elects to proceed under.the provisions of the "Street Vacation Act
of 1941 ", and all amendments thereto, being Sections 8300 to 8331,
inclusive, of the Streets and Highways Code of the State of
California.
SECTION 3. The Street Superintendent of the City of
Newport Beach shall cause to be conspicuously posted along the
2.
4
lines of the portions of said streets proposed to be vacated not
more than 300 feet apart, but not less than three in all, notices
of the vacation of said portions of said streets. Said notices
shall state the passage of this Resolution of Intention and the
time and place of the hearing of all persons interested in or
objecting to the proposed vacation of said portions of said
streets. Said notices shall be so posted at least ten days before
the date of said hearing, all as required by law.
SECTION 4, There is hereby reserved and excepted from
the vacation of said portion of Lafayette Avenue a permanent ease-
ment and right at any time, or from time to time, to construct,
maintain, operate, replace, remove and renew any sanitary sewers
and water lines and appurtenances in, upon, over and across said
portion of Lafayette Avenue proposed to be vacated.
These vacation proceedings are taken subject to the
reservations and exceptions herein contained.
SECTION 5e Notice is hereby given that the City Council
of the City of Newport Beach does hereby fix Monday, the _4& day
of ' 1963, at the hour of 7x30 o °clock Po M. of said day,
in the Co cil Chambers of the City of Newport Beach, located in
the City Hall of the City of Newport Beach, as the time and place
for hearing all persons interested in or objecting to the proposed
vacation of said portions of said streets, and the City Council at
said time and place will hear the evidence offered by any person
interested in the vacation of said portions of said streets here -
inbefore described.
SECTION 6. This Resolution of Intention shall be pub-
lished at least once in the official newspaper of the City, and
said publication shall be made before the date set for the hearing
of all persons interested in or objecting to the proposed vacation.
ADOPTED this l3 day of 1963.
ATS✓T* 'Mayor-
City Clerk
3<
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WWC:mec ` • z
3129163
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING A MAP SHOWING PORTIONS OF
CERTAIN STREETS KNOWN AS 28TH STREET AND LAFAYETTE
AVENUE WHICH ARE PROPOSED TO BE VACATED, CLOSED -UP
AND ABANDONED
WHEREAS, the City Engineer of the City of Newport Beach
has presented to the City Council of the City of Newport Beach a
certain map entitled "Street Vacation Lafayette and 28th Street ",
dated 2 -19 -1962, being Jack So Raub & Associates Job No. 7528,
showing portions of said 28th Street and Lafayette Avenue in the
City of Newport Beach which the City is considering vacating, clos-
ing up and abandoning and which portions are more particularly
described as follows:
A portion of 28th Street, formerly known as 26th Street, name
changed by Ordinance No. 351, September 17, 1928, in the City
of Newport Beach, Orange County, California, more particularly
described as follows:
Beginning at the Northwesterly corner of Lot 10, in Block 324,
Lancaster's Addition to Newport Beach, as shown on a map
thereof, recorded in Book 5, Page 14, of Miscellaneous Maps,
Records of said Orange County, said point being the intersec-
tion of the Northwesterly line of said Lot 10 with the Westerly
line of said Lot 10; thence North 76° 14' 00" East along said
Northwesterly line of said Lot 10 and along the Northwesterly
line of Lot 11 in said Block 324, a distance of 58.17 feet to
a point on a curve concave Northwesterly and having a radius
of 166.24 feet, said point being the true point of beginning
of this description, a radial line from said point bears North
47° 12' 22" West; thence Northeasterly along said curve
through an angle of ll° 30' 23 ", a distance of 33038 feet to
an intersection with the Northwesterly prolongation of the
Northeasterly line of Lot 12 in said Block 324, a radial line
from said intersection bears North 58° 421 45" West; thence
South 69° 05' 30" East along said Northwesterly prolongation,
a distance of 37.02 feet to the most Northerly corner of said
Lot 12; thence South 76° 14' 00" West along the Northwest-
erly line of said Lot 12 and along the Northwesterly line of
said Lot 11, a distance of 56.27 feet to the true point of
beginning of this description;
and
A portion of Lafayette Avenue, in the City of Newport Beach,
Orange County, California, more particularly described as
follows:
Beginning at the Southwesterly corner of Lot 1 in Block 324,
Lancaster's Addition to Newport Beach, as shown on a map
thereof, recorded in Book 5, Page 14 of Miscellaneous Maps,
records of said Orange County; thence South 85° 03' 01"
West 40.17 feet to the Northeasterly corner of the land con-
veyed to the City of Newport Beach by Deed recorded November
1, 1922 in Book 438, Page 174, of- Official Records of said
Orange County; thence North 0° 23' 30" East along the East-
erly line of Block 224, Section A, Newport Beach, as shown
on a map thereof, recorded in Book 4, Page 21, of Miscellane-
ous Maps, Records of said Orange County, a distance of 333.48
feet to a point, said point being South 0° 23' 30" West 28.38
feet from the Northeasterly corner of said Block 224; thence
North 76° 14' 00" East along a line parallel with and 27..52
feet Southerly of the Northerly line of said Block 224, a
distance of 14.75 feet to the beginning of a tangent curve
concave Northwesterly and having a radius of 166.24 feet;
thence Northeasterly along said curve through an angle of
9° 21' 58 ", a distance of 27.18 feet to a point in the West-
erly line of said Block 324, said point being South 0° 23' 30"
West 26.09 feet from the Northwesterly corner of said Block
324; thence South 0° 23' 30" West along the Westerly line'of
said Block 324, a distance of 342.12 feet to the point of
beginning.
NOW, THEREFORE, BE IT RESOLVED that said map be and is
hereby approved and adopted, and the City Clerk is ordered and
directed to file the same in the proceedings for the abandonment
of said portions of said streets.
ADOPTED this day of 1963.
Mayor
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