HomeMy WebLinkAbout84-29 - Grant Deed Conveying Fee Interest in Real PropertyRESOLUTION NO. 84 -29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT DEED CONVEYING FEE INTEREST
IN REAL PROPERTY AND DIRECTING THE CITY CLERK
TO RECORD SAID GRANT DEED
WHEREAS, Section 27281 of the California Government
Code provides that a political corporation or governmental agency
may, by resolution, authorize an officer to accept and consent to
the recordation of deeds or grants conveying an interest in real
estate to a political corporation or governmental agency for
public purposes; and
WHEREAS, pursuant to a Right of Entry Agreement, a copy
of which is attached hereto as Exhibit "A," entered into on March
12, 1982, by the City of Newport Beach and Margaret E. McKinley
Oser, City was granted the right to use real property described
on Exhibit "B" attached to said Agreement, as an access road to a
Municipal parking lot commonly known as the Mariners Mile
Municipal Parking Lot; and
WHEREAS, pursuant to said Agreement, City made
permanent improvements to Oser's Property, to wit, a sewer line,
retaining wall and pavement, all of which render Oser's Property
usable and valuable as a permanent access road to the Mariners
Mile Municipal Parking Lot; and
WHEREAS, in the pursuit of purchasing Oser's Property,
agreed to make a gift of Oser's Property to the City, so long as
it continues to be used solely for public purposes;
is
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the City Manager be and hereby is
directed to execute a Certificate of Acceptance on behalf of the
City of Newport Beach, for the Oser Property conveyed by Grant
Deed from Margaret E. McKinley Oser dated February 21, 1984, to
the City of Newport Beach.
BE IT FURTHER RESOLVED that the City Clerk be and
hereby is directed to record said Grant Deed with the Orange
County Recorder.
ADOPTED this 9th day of April , 1984.
QMay4orPTem
ATT ST:
City Clerk
RSB /Oser
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RIGHT -OF -ENTRY AGREEMENT
THIS AGREEMENT, made this /2 day of;'�G>r�z , 1982, by
and between MARGARET E. MC
Trustee of the MARGARET E.
1977, (hereinafter "OWNER"
Municipal Corporation, (he
reference to the following
of which is stipulated and
KINLEY OSER, individually and as
OSER Trust established October 11,
), and THE CITY OF NEWPORT BEACH, a
reinafter "CITY ") is made with
facts, the materiality and existance
agreed by the parties:
A. "CITY" has undertaken to construct a municipal
parking lot on a one -acre parcel of property east of Tustin
Avenue and north of Pacific Coast Highway;
B. "CITY", in furtherance of this project, has
purchased from "OWNER" certain real property which fronts on
Tustin Avenue and which will serve as access to the proposed
municipal parking lot;
C. "CITY ", as a condition.of its purchase of the pro-
perty fronting on Tustin Avenue, has agreed to construct certain
improvements for the benefit of property, located on Cliff Drive,
and held by "OWNER ", said improvements to include the construc-
tion of a sewer line from the boundary of the Cliff Drive proper-
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ty to Tustin Avenue, as well as a retaining wall along the
southerly boundary of the Cliff Drive property, all as set forth
40 in the Real Estate Purchase Agreement, a copy of which is attach-
ed hereto as Exhibit "A" and incorporated herein by reference;
D. "CITY" has called for and received bids for the
construction of the municipal lot, and access thereto, and will
be awarding the contract on or about March 8, 1982;
E. The improvements to be constructed by "CITY" for
the benefit of "OWNER" were to be installed during the construc-
tion of the municipal lot and access road thereto and this con-
struction will commence on or about March 22, 1982; and
F. In order to construct these improvements, "CITY"
mast obtain the permission of "OWNER" to enter on certain real
property, the legal description of which property is set forth in
two documents, attached hereto as Exhibits "B" and "C" and incor-
porated herein by reference and hereinafter described as the
"PROPERTY ";
G. It is the intent of the parties, by execution of
this Agreement, to allow "CITY" to enter onto the property for
purposes of constructing public improvements in conjunction with
the construction of the municipal parking lot and access road
thereto; and
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H. It is the further intent of the parties to this
agreement that the consent of "OWNER" as set forth herein shall
not constitute a waiver, in any way, or to any extent, of the
right to compensation for such property, or any of the activities
which occur thereon, or of any remedy authorized by law to secure
payment therefor.
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. "OWNER" grants to "CITY ", and the employees,
agents, representatives and contractors thereof, to enter onto
the property, to construct public improvements thereon and to
engage in construction activities thereon.
2. "CITY ", in consideration of the permission of
"OWNER" as set forth herein shall construct the improvements for
the benefit of "OWNER" as previously agreed during the construc-
tion activities that are authorized by this agreement.
3. It is expressly understood that the permission of
"OWNER ", as set forth herein, does not constitute a waiver, in
any way, of any right to compensation for such property, or the
construction activities thereon or any waiver of any remedy
authorized by law to secure payment therefor;
4. Permission of "OWNER" as set forth herein is grant-
ed with the understanding that "CITY" will continue to negotiate
with "OWNER ", and any other person, if any there be having any
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right, title or interest in said property, to agree upon terms of
compensation for the purchase of that portion of property
described on Exhibit "A ", as well as compensation for the con -
struction activities which will occur on that portion of property
described in Exhibit "B". "CITY" further agrees to promptly
commence emminent domain proceedings to have such compensation
determined in the event that the parties hereto cannot reach an
agreement.
5. The term of this agreement, with respect to the
construction activities and right -of -entry granted hereby, shall
be for a term of one year, or upon the conclusion of construction
activities, whichever shall first occur.
6. It is understood that "CITY" will pay to "OWNER ",
interest at the legal rate of seven percent (78) per annum, from
the date of this agreement, computed on the final compensation
for the property, as well as the construction activities
authorized hereby.
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Executed the day and year first above written.
"CITY"
CITY OF NEWPORT BEACH
By:
Robert L. Wynn
City Manager
"OWNER"
Marga t E. McKinley Oser,Trttee
Of Margaret E. Oser Trus ,
Estiblished October 11, 1977
(subject to the terms of Rider "A ")
APPROVED AS TO FORM
Robert H. Burnham y✓�
Assistant City Attorney
Attorney for City of Newport Beach
Aubrey.W. Bogle
Paul, Hastings, Janofsky & Walker
Attorney for Owner
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MARINERS MILE PARKIPiG LOT
ACCESS ROAD
PROPERTY TO BE PURCHASED FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of California, as per map recorded in
Book 29, Pages 31, 32, 33, and 34 of Miscellaneous Maps, Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Maps, Records of said Orange
County; thence South 610 00' 30" East 57.10 feet
along the southeasterly prolongation of the north-
easterly line of said Lot 20 to the northwesterly
line of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John Jay Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 390 43' 30" East 21.84 feet along said -north -
westerly line and along the northwesterly line of the
land as described in Parcel 1 in the deed to the City
of Newport Beach, recorded in Book 11293, Page 786 of
said Official. Records to a line parallel with and 21.4.6
feet northeasterly,measured at right angles, from said
southeasterly prolongation of the northeasterly line
of Lot 20; thence forth 610 00'30" West 37.74 feet
along said parallel line; thence South 760 30' 15"
Vest 31.77 feet,more or less,to the Point of
ginning.
Are --• .65 sq. ft.
P.2 __. :;ity of `12•;Port Beach Drawing No. R/1-0- 5439 -I.
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EXHIBIT "A"
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MARINERS MILE PARKING LOT
ACCESS ROAD
TEMPORARY CONSTRUCTION EASEMENT TO BE OBTAINED FROil OSER
LEGAL DESCRIPTIOi
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of C.:lifornia, as per map recorded in
Book 29„ Pages 31, 32, 33, and 34 of Miscellaneous 11aps,.Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Naps; 'Records of said Orange
County; thence North 390 43' 30" East 42.20 feet along
the southeasterly line of Lot 21, said Tract 1133, to
a line parallel with and 41.46 feet northeasterly,
measured at right angles, from the southeasterly pro-
longation of the northeasterly line of said Lot 20;
thence South 610 00' 30" East 57.10 feet along said
parallel line to the northwesterly line of the land as
described in Parcel 1 in the deed to the City of
Newport Beach recorded in Bool; 11293, Page 786 of
Official P.ecords of said County; thence South
390 43' 30" Vest 20.36 feet along said north;:resterly
line to a line parallel with and 21.46 feet northeast-
erly meaSUred at right angles, from the southeasterly
prolongaticr of the northeasterly line of Lot 20 of
said Tract 1133; thence !North 610 00' 30" Hest 37.74
feet along last said parallel line;. thence South
30' 15" West 31.77 feet, more or less, to the Point
of Beginning.
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EXHIBIT "B"
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EXHIBIT "B"
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RIDER "A"
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The execution of this Right -of -Entry Agreement
by Mrs. Margaret E. Oser is subject to the attachment hereto
and incorporation herein of an Indemnification Agreement
properly executed by the City of Newport Beach.
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RIDER B
The City of Newport Beach shall indemnify, defend and
hold harmless Margaret E. Oser and the Oser Family Trust from
and /or against any claims, loss, damage or injury that may arise
from, or in any way relate to, the activities of the City of
Newport Beach or any of its employees, representatives, agents or
contractors who are authorized, or carried on, by virtue of the
Right -Of -Entry Agreement, dated March 12, 1982.
APPROVED AS TO FORM
City Attorney
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Evelyn Hart
Mayor Pro Tem
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
TAX STATEMENTS TO:
ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $ ................. ...............................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of Decierent or Agent deterinining tai -- Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Margaret E. McKinley
Oser, Trustee of the Margaret E. Oser Trust, Established October 11, 1977,
hereby GRANTS) to the City of Newport Beach, California, as long as the real
property is used for any public purpose,
the real property in the City of Newport Beach
County of Orange
, State of California, describedl=
in Appendix A. In the event said real property is used for any nonpublic
purpose, title thereto shall revert to Grantor.
Dated February 21, 1984
ATE OF CALIFQQRNIA Ise
UNTYOF!ManQe 1
! 1984
before me, the undersigned, a Notary Public in and for said State, per -
sonalryappeam( Margaret E. McKinley
Oser
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he /she /they executed
the same.
Mar �<zrE__McKinley_ Oser_a_Trustee_
__of_ the _Margaret_E_ Oser _Trust,__ _
_Established October 11,_1977 -- ..._.....__
WITNESS my hand and official seal.
✓� {//ICJ ��� /. /f����j � �
Signature /,/ %sl ' /�� /"" S„�i _ EXHiBIT (This area br official notarial seah
1002 (8132)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
OFFICIAL SEAL
WANDA LAUTERBACH
B.nio
Pu6licC: domia
Principal Oflice In
Orange Crnlnty
My Comra. Exp. Aug. 2'.;, 19a7
WITNESS my hand and official seal.
✓� {//ICJ ��� /. /f����j � �
Signature /,/ %sl ' /�� /"" S„�i _ EXHiBIT (This area br official notarial seah
1002 (8132)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
Appendix A
LEGAL DESCRIPTION
That portion of Lot A,-Tract 919, in the City of
Newport Beach, County of Orange, State of California, as per
map recorded in Book 29, Pages 31, 32, 33, and 34 of
Miscellaneous Maps, Records of said Orange County, described
as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Maps, Records of said Orange
County; thence South 610 00' 30" East 57.10 feet
along the southeasterly prolongation of the north-
easterly line of said Lot 20 to the northwesterly
line of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John Jay Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 39° 43' 30" East 21.84 feet along said north-
westerly line and along the northwesterly line of the
land as described in Parcel 1 in the deed to the City
of Newport Beach, recorded in Book 11293, Page 786 of
said Official Records to a line parallel with and 21.46
feet northeasterly, measured at right angles, from said
southeasterly prolongation of the northeasterly line
of Lot 20; thence North 61° 00' 30" West 37.74 feet
along said parallel line; thence South 760 30' 15"
West 31.77 feet, more or less, to the.Point of
Beginning.
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