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HomeMy WebLinkAbout09 - Re-Recordation of Lot Line Adjustment 82-2AMarch 12, 2002 CITY COUNCIL AGENDA ITEM NO. 9 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: RE- RECORDATION OF LOT LINE ADJUSTMENT NO. 82 -2A RECOMMENDATIONS: 1. Authorize the Mayor to execute Lot Line Adjustment No. 82 -2A. 2. Authorize the Mayor to execute a quitclaim deed to Patricia Penewell- Thomas. DISCUSSION: In 1982 the Public Works Department planned to install a parking lot on a City - owned parcel located at the corner of Newport Boulevard and 301h Street. For optimum configuration and access, there was a need to adjust one of the property lines. The Public Works Department approached the adjacent property owner and explained the procedure for adjusting the property line. With the owner's consent, the Public Works Department prepared, processed, and recorded the lot line adjustment. However, an error was made on the lot line adjustment document. The property owner actually owns two lots (Lot 11 and Lot 10) and in preparing the lot line adjustment document, the two lots were combined into one parcel (Parcel 2 of Lot Line Adjustment No. 82 -2A), which was not the property owner's intent. The owner requested the Public Works Department to have the document prepared and did not realize what had occurred. The owner is selling the property as two lots and a preliminary title report (prepared by Stewart Title Company) disclosed the lot line adjustment document as an encumbrance on the property. The encumbrance "clouds" the title and questions the validity of the recorded document. The Public Works Director issued a directive to remedy the situation and somehow separate Lot 10 from Parcel 2. SUBJECT: Re- Recordation of Lot Line 82 -2A March 12, 2002 Page 2 A solution was achieved after a meeting with Patricia Penewell- Thomas (property owner), Lousie Stuart (the owner's niece and real estate broker), Harvey Dubose (title office with Stewart Title Company), and Paul Medina of the Public Works Department. The City will re- record the original Lot line Adjustment No. 82 -2A with an explanation as to what the error was and will include the revised legal descriptions and drawings. This new document will require signatures of the Mayor, the property owner, and the City Engineer. (See attached). In order to complete the exchange of those portions of property, recordable conveyances must be executed. The City must execute a quitclaim deed in favor of Patricia Penewell- Thomas and Patricia Penewell- Thomas must execute a quitclaim deed in favor of the City of Newport Beach, which must be accepted by the City. The quitclaim deeds will require signatures of the respective parties. Respectfully submitted, PUBLIC WORKS DEPARTMENT St6'phen G. Badum, Director Paul Medina Geographic Information System Analyst Attachments: Lot Line Adjustment No. 82 -2A Quitclaim Deeds RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Beach P.O.Box1768 Newport Beach, Ca. 92659 -1768 Attn: Public Works Dept. NEWPORT BEACH LOT LINE ADJUSTMENT NO. 82 -2A This instrument is being re- recorded due to incorrect information. The legal descriptions of Parcel 1 and Parcel 2 of Lot Line Adjustment No. 82 -2A recorded September 7, 1982 as Document No. 82- 315868 in the office of the Recorder of Orange County, California, are hereby corrected as follows: PARCEL 1: That certain land in the City of Newport beach, County of Orange, State of California, described as follows: That land described in a 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 office of the County Recorder of said County, bounded Northwesterly by the Southeasterly line of 30th Street, (50.00 feet wide), conveyed by Grant Deed to the City of Newport Beach recorded February 28, 1979, as Instrument No. 32422 in Book 13049, Page 120 of Official Records of said Orange County, and Lot 11 of Block 129 of the Lake Tract as shown on a map recorded in Book 4, Page 13 of Miscellaneous Maps, records of said Orange County. Excepting therefrom that land lying Southwesterly of the following described line: Beginning at a point on the Southeasterly line of 30th Street (50.00 feet wide) being North 52 244'45" East 20.00 feet from the Northwesterly corner of said Lot 11; thence South 371108'25" East 26.00 feet; thence South 511156'25" East 54.80 feet; thence South 37 208'25" East 16.00 feet to a point on the Northwesterly line of an Alley (10.00 feet wide) as shown on said map. PARCEL 2: That certain land in the City of Newport beach, County of Orange, State of California, described as follows: That land described in a 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 office of the County Recorder of said County, bounded Northwesterly by the Southeasterly line of 30th Street, (50.00 feet wide), conveyed by Grant Deed to the City of Newport Beach recorded February 28, 1979, as Instrument No. 32422 in Book 13049, Page 120 of Official Records of said Orange County, and Lot 11 of Block 129 of the Lake Tract as shown on a map recorded in Book 4, Page 13 of Miscellaneous Maps, records of said Orange County. Excepting therefrom that land lying Northeasterly of the following described line: Beginning at a point on the Southeasterly line of 30th Street (50.00 feet wide) being North 52944'45" East 20.00 feet from the Northwesterly corner of said Lot 11; thence South 371108'25" East 26.00 feet; thence South 51956'25" East 54.80 feet; thence South 37908'25" East 16.00 feet to a point on the Northwesterly line of an Alley (10.00 feet wide) as shown on said map. This correction hereby removes the incorrect reference to Lot 10 of Block 129 of said Lake Tract in said Lot Line Adjustment No. 82 -2A; re- establishes the lot line between said Lot 10 and Lot 11 of Block 129 of said Lake Tract; and re- establishes Lot 10 of Block 129 of said Lake Tract. Exhibit "AA" attached hereto and a part hereof for illustrative purposes. I /we hereby consent to the recordation of this document. By Patricia J. Penewell — Record Owner of Lot 10, Block 129, Lake Tract and Parcel 2 of Lot Line Adjustment No. 82 -2A Tod W. Ridgeway — Mayor of the City of Newport Beach Record owner of Parcel 1 of Lot Line Adjustment No. 82 -2A Approved for recording — City of Newport beach William A. Patapoff — City Engineer R.C.E. 24967 Expiration Date 12/31/2005 City of Newport Beach EXHIBIT "AA" i i i �I o �a LOT LINE I Parcel 1 25' i 25 ADJUSTMENT o b N 37008'25" W N i C) O. CO Z t4 5A. 56 o 2 M i ' 2A 2 Pa R rcel Lot f Original northeasterly 9500' line of Lot 11 o b Lot 10 i N N i 95.00' x� BLO ; 129 I � I � I I I I I I I I I I I Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: 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. SPACE ABOVE THIS LINE FOR RECORDER'S USE Signature of Declaram or Agem determining tax - Firm Name QUITCLAIM DEED FOR NO CONSIDERATION, THE CITY OF NEWPORT BEACH, a municipal corporation, does hereby REMISE, RELEASE AND QUITCLAIM to PATRICIA PENEWELL- THOMAS, the real property in the City of Newport Beach, Courtly of Orange, State of California, described as That portion of that certain land described in deed from Southern Pacific Land Company, recorded September 6, 1974 and filed in Book 11237, Page 1894 of Official Records in the office the County Recorder of said County, lying within Parcel 2 of that certain Lot Line Adjustment No. 82 -2A re- recorded , 2002 as Instrument No. of Official Records in the office of the County Recorder of said County. The above- described land is delineated on Exhibit "A" attached for illustrative purposes and made a part hereof by this reference. Dated } STATE OF CALIFORNIA }ss COUNTY OF } On before me, personally appeared 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 in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature MAIL TAX STATEMENTS TO: Tod W. Ridgeway - Mayor of the City of Newport Beach (This area for official notarial scan 1145(1/94) EXHIBIT "A" i i i VVp � o i � Q i LOT LINE Parcel 1 li 25- 25' ADJUSTMENT N 37 °08'25" W ♦� i w 26.00' i i U1 p i NO. _ M l vy st I z 'N 51 °5625 W � 82 -2A i o z i N Parcel Lot 9! Original northeasterly 9500, line of Lot 11 c b Lot 10 i N N r, 95.00' BLO , 129 i i i i i i i I i i Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: DOCUMENTARY TRANSFER TAX .....Computed on the consideration a value of property conveyed: OR .....Computed on the consideration or value less liens or encumbrances remaining at time of sale. SPACE ABOVE THIS LINE FOR RECORDER'S USE Signature of Declarant or Agent determining tax - Firm Name QUITCLAIM DEED FOR NO CONSIDERATION, PATRICIA PENEWELL- THOMAS do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to THE CITY OF NEWPORT BEACH[, a municipal corporation, the real property in the City of Newport Beach, County of Orange, State of California, described as That portion of Lot 1 l in Block 129 of the Lake Tract per map thereof filed in Book 4, Page 13 of Miscellaneous Maps, in the office of the County Recorder of said County, lying within Parcel I of that certain Lot Line Adjustment No. 82 -2A re- recorded 2002 as Instrument No. of Official Records in the office of the County Recorder of said County. The above- described land is delineated on Exhibit "A" attached for illustrative purposes and made a part hereof by this reference. Dated } STATE OF CALIFORNIA }ss COUNTY OF } On before me, personally appeared 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 in his /her /their authorized rapacity(ics), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature MAIL TAX STATEMENTS TO: (This area for official rrotarial scan 1085(1/94) EXHIBIT "A" i i LOT LINE j Parcel 1 25' 25' ADJUSTMENT —C i N 37008'25"W p i NO. M i o 54.80, 0 z "6+ 82 -2A 2 0 j N Parcel Lot 1 i Original northeasterly 95.00' line of Lot 11 b 0 Lot 10 I N N .4 95.00' BLO 129 i i i i i i i i i CERTIFICATE OF ACCEPTANCE Quitclaim Deed This is to certify that the interest in real property quitclaimed by Patricia Penewell- Thomas to the City of Newport Beach, a municipal corporation, is hereby accepted by the City of Newport Beach City Manager on behalf of the City Council of the City of Newport Beach, in accordance with the approval of Lot Line Adjustment No. 82 -2A ( ) by the City Council of the City of Newport Beach, at the Council Meeting of March 12, 2002 and the Grantee consents to the recordation thereof by its duly authorized officer or agent. Dated: CITY OF NEWPORT BEACH, a municipal corporation Tod W. Ridgeway - Mayor