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HomeMy WebLinkAbout2794 - NB vs Ralph P Maskeyw • • I RESOLUTION NO- 12 A... 3 WHEREAS, there is now pending in the Superior Court of the 4 State of California, in and for the County of Orange, Action No. 5 41 ti �� being entitled, "City of Newport Beach, eto., vs. 6 Ralph P. Maskey, at ux.," involving that certain real property 7 situated in the City of Newport Beach, Count" of Orange, State 8 of California, and more particularly described as follows, 9 to -wit: 10 Parcel 1. Lots 1, 2 and 3 in Block 637 of "Canal 11 Section, Newport Beach ", as shown on a Map recorded in Book 4, page 98 of Miscellaneous 12 Maps, Records of Orange County, California. 13 Parcel 2. Beginning at the Northeasterly corner of Lot 1, in Block 637 of "Canal Section, 14 Newport Beach ", as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, Records of Orange 15 County, California; thence Northeasterly along the Northeasterly extension of the Southeasterly line of 16 said Lot 1, to the line of Ordinary high tide of the Pacific Ocean in Newport Bay , designated "South Line", 17 as described in Decree of the Superior Court of the State of California, in and for the County of Orange, 18 a certified copy of wjlich was recorded September 19th, 1928, in Book 201, page 253 of Official Records; 19 thence Westerly along said high tide line to an inter- section with the Northerly extension of the Westerly 20 line of Lot 3 in said Block 637; thence southerly along said extended line to the Northwesterly corner of said 21 Lot 3; thence Easterly along the Northerly lines of Lots 3, 2 and 1 in said Block 637 to the point of 22 beginning. 23 And WHEREAS, the defendants in said action are the record 24 owners of said real property and also own the bonds now a lien 25 on said real property and issued under and pursuant to the 26 Improvement Act of 1911, under Resolution No. 558 of the City 27 d Newport Beach; and 28 WHEREAS, The City of Newport Beach has been offered in 29 exchange for all of its right, title and interest in and to 30 the aforesaid described property, other property located in 31 the City of Newport Beach, and more particularly described as 32 follows, to -wit: LAW OFFICER OF II l ROLAND THOMPSON IIII 210 $PU R6EON BLDO. 5M NTA ANA. CALIF. E • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF II ROLAN. T......N 21O SPUNGEON BLDG. SANTA ANA. GALI F. All that certain real property situated in the City of Newport Beach, County of Orange, State of California, and more particularly described as follows: T Southeasterly 30 feet of Lots 21, 22, 23 and 24 in Block 134, "Lake Tract", as shown on a Map recorded in Book 4, page 13 of Miscellaneous Maps, Records of Orange County, California. And WHEREAS, the property which the city has been offered as aforesaid in exchange for all its right, title and interest in and to the first above described property is free and clear of all encumbrances of every nature, description or kind, except taxes for the fiscal year 1943 -1944, not yet payable; and WHEREAS, the interest of the City of Newport Beach in the first above described real property is, in the opinion of the City Council of the City of Newport Beach, of equal value to the present market value of the second above described real property; and WHEREAS, the City Council of the City of Newport Beach deems that said consideration, to -wit, the exchange herein mentioned, is just, fair and adequate for the interest which said city may have in the first above described property, and that it will be for the best interests and benefit of said city that said city dispose of its right, title and interest in said first above described real property, in exchange for the second described real property, which the City has more use for at the present time and which is more useful to the City of Newport Beach. NOW, THEREFORE, BE IT RESOLVED: That a certain stipulati entered into by and between the plaintiff in said action and the defendants therein, wherein and whereby said defendants agree to transfer, clear and free of all encumbrances of every nature, description or kind, the second above described real property for the right, title and interest of the city in the first above �J u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 r described real property, and wherein the City of Newport Beach agrees that title be quieted in said defendants in accordance with the prayer of their cross- complaint, subject, however, to the matters in said stipulation mentioned, be and the same is hereby approved, and the Mayor and City Clerk of the City of Newport Beach are authorized, directed and instructed to approve in writing the stipulation this day presented to the City Council of the city of Newport Beach, on behalf of said City of Newport Beach. I hereby certify that the above and foregoing resolution was duly and regularly passed and adopted by the City Council of the city of Newport Beach at a regular meeting thereof held on the 7th day of June, 1943, by the following vote, to -wit: P1 0 AYES, COUNCILMEN: UAe 1 & �es ' AUK` ►. NOES, COUNCILMEN: -rya_ ABSENT, COUNCILMEN: LAW OFFICES OF II 2 ROLAND THOMPSON 210 SFURGEON BLDG. SANTA ANA. CALIF. Mayor Vf1the city of Newpo t Beach '.r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURSSON SLOG. SANTA ANA. CALIF. ROLAND THOMPSON 210 Spurgeon Building Santa Ana, California Attorney for Plaintiff and Cross- defendant IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF OTANGE CITY OF NEWPORT BEACH, sto., Plaintiff, ve. RALPH P. MASKEY, et,ux., Defendants. RALPH P. MASKEY, et ux., arose - plaintiffs, V80 CITY OF NEWPORT BEACH, eto., Cross - defendant. N0. It is hereby stipulated by and between the respective •` parties and their respective attorneys as follows: I. That the defendants and oross- plaintiffs, Ralph P. Maskey and Irene Maskey, his wife, forthwith transfer to the City of Newport Beach that certain real property belonging to them and more particularly described as all that certain real property situated in the city of Newport Beach, County of Orfange, State of California, and particularly described as follows, to -wit: 1, 1 The Southeasterly 30 feet of Lots 21, 224 23 and 34 in Block 134, "Lake Traot ", as shown on a Map' 2 recorded in Book 4,page 13 of Miscellaneous Maps, Records of Orange County, California, 3 clear and free of all encumbrances, except taxes for the fiscal 4 year 1943 -1944, not yet payable, and subject to conditions, 5 restrictions, reservations, easements, rights and rights of way 6 of record. 7 II. 8 That the defendants and oross- plaintiffs take judgment 9 on their oross- complaint against the plaintiff and orose- defendant, 10 City of Newport Beach, quieting their title to that certain real 11 property described in plaintiff's complaint and oross - plaintiffs' 12 orose - oomplaint, and more particularly described as follows, to-wit 13 All that certain real property situated in the City of 14 Newport Beach, County of Orange, State of California, and more 15 16 particularly described as follows, to -wit: Parcel 1 17 Lots 1, 2, and 3 in Block 637 of "Canal Section, 18 Newport Beach ", as shown on a Map recorded in Book 4, page 98 of Misoe.11aneous Pups, Records 19 of Orange �7ounty, California. 20 Parcel 2 21 Beginning at the Northeasterly corner of Lot 1, in Block 637 of "Canal Section, Newport Beach ", 22 as shown on a Map reoorded.in Book 4, page 98 of Miscellaneous Maps, Records of Orange County, 23 California; thence Northeasterly along the North - easterly extension of the Southeasterly line of said 24 Lot 1, to the line of ordinary high tide of the Pacific Ocean in Newport Bay, designated "South 25 Line ", as described in Decree of the Superior Court 26 of the State of California, in and for the County of Orange, a certified copy of which was recorded 27 September 19th, 1928, in Book 201, page 253 of Official Records; thenoe Westerly along said high 28 tide line to an intersection with the Northerly extension of the westerly line of Lot 3 in said Block 29 637; thence southerly along said extended line to the Northwesterly corner of said Lot 3• thence Easterly 30 along the Northerly lines of Lots S, 3 and 1 in said - Block 637 to the point of beginning. 31 which decree quieting title shall show that the defendants and 32 LAW OFFICE! OF ^THOMPSON �.r. SPURGEON BLOC. SANTA ANA. CALIF. orose - plaintiffs, Ralph P. Maskey and Irene Maskey, his wife, are 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 t the owners in fee of said described property and that the plaintiff and cross - defendant:, City of Newport Beach, has no right, title or, interest therein, except taxes for the fiscal. year,1943 -1944, and that said property is subject to all bonds due or delinquent or which may become due or delinquent, issued under the Improvement Act of 1911, pursuant to Resolution of Intention No. 558 of the city of Newport Beach. Dated: June , 1943. CITY OF NEWPORT BEAM, Attorney for plaintiff and oross- defendant Defendants Oross- complainants Attorney for defendants and cross - complainants 3. LAW O "Zo OP ROLAHO THOMPeOH ?!O BOU RO6ON BLOO. � / Sw NTe ANe, Qe LI I. ' 1 mayor City Clerk