HomeMy WebLinkAbout03/27/1978 Item #G-2TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: 32ND STREET PROPERTY EXCHANGE
RECOMMENDATIONS.:
March 27, 1978
CITY COUNCIL AGENDA
ITEM NO. G -2
1.. Adopt a resolution authorizing the May and City Clerk to
execute an agreement with the Southern Pacific Land Company;{
covering the exchange of Parcels F and H, shown on a parcel �.
map recorded in Book 32, page 41 of Parcel Maps in Orange
County for Parcels 1, 2, and 3 described in the attached
Exhibit "B ".
2. Adopt a resolution authorizing the Mayor and City Clerk to
execute a Corporation Grant Deed transferring Parcels F and H
as shown on a parcel map recorded in Book 32, page 41 of
Parcel Maps in Orange County, to the Southern Pacific Land
Company. va^ -t.1- 1� q� 04G 4" ' .
3. Adopt a resolution authorizing the Mayor and City Clerk to
accept a grant deed from the Southern Pacific Land Company
for Parcels 1, 2, and 3 as described in the attached
Exhibit "B ".
DISCUSSION:
Attached is a sketch showing the parcels involved in the exchange.
Parcels 1, 2, and 3 are presently owned by the Southern Pacific Land Company.
Parcels F and H are owned by the City and are a part of the excess property
acquired in connection with the widening of 32nd Street. On May 24, 1976,
the Council approved in concept the exchange of Parcels F and H for Parcels
1, 2, and 3 on the basis that the parcels are of equal value and directed
the staff to prepare the necessary deeds and agreements. Attached is a copy -
of the May 24 Council memo describing the parcel evaluation. In the May 24
memo, Parcels 1 and 2 are designated Parcel "X ", and Parcel 3 is designated
Parcel "Z ".
The grant deed for Parcels F and H provides for a strip of land six
feet wide, adjacent to 32nd Street, to be used for landscaping or screening
to provide for a barrier between residential and commercial zoning.
In the agreement setting out the conditions for the exchange,
Southern Pacific agrees:
1. To convey.by grant deed Parcels 1, 2, and 3.
March 27, 1978
Subject:. 32nd Street
Page 2
2. To develop Parcels F and H in accordance with the above deed
restriction and the following restrictions:
a. No structures within six feet of 32nd Street right -of -way
line.
b.. The six -foot setbacks are to be landscaped.
C. Main entrances to commercial building shall not front on
32nd Street unless a waiver is granted by the City Council.
d. No lighted signs facing 32nd Street.
e. The light source for on -site illumination shall not be
visible from 32nd Street.
f. Trash bins and containers shall be enclosed.
3. Development plans shall be subject to site plan review by the
Community Development Director.
The review shall include:
a. Appearance and siting of structures and other appurtenances.
b. The type of enclosures and concealment of electrical,
mechanical, trash and storage areas.
c. An evaluation to insure the development achieves a har-
monious relationship with existing and proposed adjoining
developments and does not impair the desirability of in-
vestment or occupancy nearby.
4. That the agreement shall run with the property and shall be
recorded.
The City agrees:
1. To convey by grant deed Parcels F and H to the Southern Pacific
Land Company.
2. That the street improvements constructed with the widening of
32nd Street across and adjacent to the aforementioned parcels
were constructed at no cost to Southern Pacific, and no obli-
gation exists for Southern Pacific to repay City for said im-
provements.
Southern Pacific has agreed to the terms of the agreement and has
deposited in escrow an executed copy of the agreement and grant deed for
Parcels 1, 2, and 3.
Josep Devlin DW:jd
Public rks Director Att.
.; EXHIBIT "B "�
PROPERTY DESCRIPTION OF PARCELS OWNED BY SOUTHERN PACIFIC
Real property situated in the City of Newport Beach, County of Orange,
State of California, being those portions of the lands described in that certain deed
dated July 11, 1974, from Southern Pacific Company to Southern Pacific Land Company
recorded September 6, 1974, in Book 11237, Page 1894 of Official Records in the of-
fice of the County Recorder of said County, described as follows:
PARCEL 1.
A strip of land 28 feet in width lying northeasterly of and contiguous to
that portion of the southwesterly line of the land described in said deed lying
northwesterly of a line that is parallel with and distant 30.00 feet southeasterly,
measured at right angles from the original southeasterly line of 32nd Street, 30
feet wide.
PARCEL 2
A strip of land 10 feet in width lying southeasterly of and contiguous to
the above - mentioned line that is parallel with and distant 30.00 feet southeasterly,
measured at right angles,.from the original southeasterly line of 32nd Street, 30
feet wide and.extendin.g northeasterly from the above - mentioned: southwesterly Idne'of
the land described in said deed to the southwesterly line of "PARCEL C" as shown on
a parcel map recorded in Book 32, Page 41, of parcel maps in the office of the County
Recorder of said County.
PARCEL 3 .
That portion of the land described in said deed lying southeasterly of the
northwesterly line of 30th Street.
EXCEPTING from said parcels those portions thereof lying below a depth of
five hundred (500) feet measured vertically from the contour of the surfaces thereof;
provided, however, that Grantor, its successors and assigns, shall not have the right
for any purpose whatsoever to enter into, upon or through the surfaces of said parcels
or any part thereof lying between said surfaces and five hundred (500) feet below
said surfaces.
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2 32ND STREET PROPERTY EXCHAW
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