Loading...
HomeMy WebLinkAbout98-66 - Vacation & Abandonment Adjacent to 2735 & 2741 Ocean BlvdRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach P. O. BOX 1768 Newport Beach, CA 92658-8915 TITLE OF DOCUMENT: a Recorded in the County of Orange, California War L. Granville, Clerk/Recorder I fell �JillJJJJ No Fee 8)50601 4:21PM 08/04/99 005 25 99 R28 6 5.00 15.00 0.00 0.90 0.00 0.00 '00 Air. 1 1 A c2 Cil 1 I 7y , THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 6103 Resolution No. 98-66 RESOLUTION NO. 98-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OCEN BOULEVARD LOCATED ADJACENT TO 2735 AND 2741 OCEAN BOULEVARD IN CORONA DEL MAR; AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S OFFICE WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of the Street Vacation Act (Section 8300 et seq. of the Streets & Highways Code) is authorized to vacate a portion of a public easement; and WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of Ocean Boulevard, legally described in Exhibit "A' and depicted on the map in Exhibit "B, the vacation to be processed pursuant to the provisions of the Street Vacation Act. WHEREAS, the easement above-described has not been used for five years by the City of Newport Beach or public utilities for the purpose for which it was dedicated or acquired and has remained continuously unused by the City of Newport Beach or public utility for any public purpose for a period of five consecutive years; and WHEREAS, no money has been expended for the maintenance of the easement during that period of time; and WHEREAS, there are no public utility facilities in place that would be affected by the vacation and abandonment of this easement; and WHEREAS, the City Council of the City of Newport Beach has reviewed and considered the various elements of the General Plan of the City of Newport Beach prior to declaring a summary vacation of easement and has determined that the proposed vacation is consistent with the General Plan, and WHEREAS, the easement is unnecessary for present or prospective public use, and it is the desire of the City Council of the City of Newport Beach to vacate the easement legally described in Exhibit "A" and depicted on Exhibit "B", the vacation and abandonment to be processed pursuant to the provisions of the Street Vacation Act, and WHEREAS, the City Council has considered and approved the attached Restrictive Covenant and Agreement to Maintain Property. NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that the portion of street easement legally described in Exhibit "A", and depicted on the map attached as Exhibit "B" is hereby ordered to be summarily vacated and abandoned. Provided however, that abandonment shall not become effective until the Restrictive Covenant and Agreement to Maintain Property, approved by City Council concurrently with this Resolution, has been recorded . BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this Resolution of Vacation be recorded in the Orange County Recorder. ATTEST; CITY CLERK Adopted this /, A day of _f e ✓ ,1998 fi//,/( zw� Y EXHIBIT "A" That certain portion of street right of way within Ocean Boulevard in the City of Newport Beach, County of Orange, State of California lying easterly of and adjoining Block 033 of the Corona Del Mar Tract as shown on map thereof fled in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office of the County Recorder of said County. Said certain portion being bound on the west by the easterly boundary of said Block 033, bound on the east by a line parallel and 55.00 feet westerly, measured at right angles, from the easterly line of said Ocean Boulevard and its northerly and southerly prolongation, bound on the north by the southeasterly prolongation of the northeasterly line of Parcel A as shown on a map of City of Newport Beach Resubdivision No. 82 recorded August 3,1959 as Document No. 124759 and filed in Book 4825, Pages 125 through 127 inclusive of Official Records in the office of said County Recorder and bound on the south by the southeasterly prolongation of the southwesterly line of Shell Street (formerly A Street) as shown on said map of Corona Del Mar Tract. F:1cat%Sharedld a1Ag%Ha milton\Ex hibitA.doc EXHIBIT "B" 1 .Z� N 0 R T H AREA TO BE VACATED VICINITY MAP 13. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 98-66, was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of October, 1998, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of October, 1998. (Seal) City Clerk of the City of Newport Beach, California RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Newport Beach Planning Department 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California 92658-8915 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 19990570602 4 ; 21pm 08/04/99 006 25017338 25 23 C38 Al2 4 0 12.00 0.00 9.00 0.00 0.00 0.00 0.00 0.00 0.00 RESTRICTIVE COVENANT AND AGREEMENT TO MAINTAIN PROPERTY EXEMPT REMING REQUEST PER GOVERNMENT CODE 6103 This Restrictive Covenant and Agreement to Maintain Property (Covenant) is made in favor of the City of Newport Beach by John Hamilton and Kathryn D. Hamilton (Owner) is made with reference to the following: RECEIVED BY A Owner is the owner in fee of the real property commonly known as 2735 dNING DEPARTMENT Ocean Boulevard (Parcel). The Parcel is depicted in Exhibit "A" and CR NF\vPnP-1 F.TF,.aH legally described in Exhibit °B". M AUG 11 1999 ERM 18,9110,11,12,112,314 15 16 City possesses an easement for street and highway purposes over the Property adjacent to the Parcel and westerly of public improvements associated with Ocean Blvd. C. The Property consists of steep slopes that are unsuitable for any public improvement and are not necessary for any present or prospective public purpose. D. Owners have improved the Property in conjunction with their use of the Parcel as a single-family residence. The improvements were authorized by the City and have been in place for more than twenty-five (25) years. E. City desires to abandon the Property while preserving public views from the adjacent sidewalk by controlling the height and nature of improvements within the Property. F. Owner acknowledges that City would not abandon the Property but for Owner's agreement to execute and record this Covenant. NOW, THEREFORE, the Parties agree as follows: 1. ABANDONMENT City will adopt a .Resolution of Abandonment for the Property (Resolution). The Resolution shall reference this Covenant and shall reserve to the City all appropriate public facilities easements. The Resolution and this Covenant shall concurrently be fled with the County Recorder. V_ `vP 3� N 1% 2. RESTRICTIONS } Owner agrees to the following restrictions on the use of the Property; A. The Property shall be used only in conjunction with the permitted uses on the Parcel and shall be considered as a single building site for all purposes. B. Structures on the Property shall strictly comply with all provisions of the Newport Beach Municipal Code (NBMC), including, without limitation, Title 20 of the NBMC (Zoning Code) restrictions on the height and location of structures. Owner acknowledges that, as of the date of this covenant, the Zoning -Code .establishes a twenty-four.. foot (24') limit on the. height of structures and prohibits any structure that exceeds the height of the "top of curb" on Ocean Blvd. Owner also acknowledges that, as of the date of this Covenant, the current front yard setback is ten feet (10') and the current side yard setback is four feet (4'). C. Landscaping and vegetation on the Property shall not exceed the permitted height of structures. However, the existing (as of the date of this Covenant) hedge immediately adjacent to the sidewalk shall be permitted to a height of sixty inches (60") above the elevation of the adjacent sidewalk. The hedge must immediately be trimmed to a height of fifty-four inches (54") or less when the maximum allowed height is reached. D. Lighting on the property shall be confined to low-level lighting designed to illuminate walkways and access points. Lighting that creates glare or impacts views shall not be installed. 3. MAINTENANCE Owner agrees to maintain all landscaping and vegetation on the Property and the Parcel at or below the height specified in this Covenant. City shall have the right to enter onto the Property or Parcel and bring the landscaping or vegetation into conformance with this Covenant in the event Owner fails to do so within ten (10) days after written notice of non-compliance is served on Owner. Owner shall pay City all costs associated with enforcement of the height restrictions on vegetation or structures including a thirty percent (30%) administrative fee. 4. MUTUAL RELEASE A. Owner agrees to release and discharge the City (including officers and employees) from any claim, loss or liability or damage that now exists or may exist at any time in the future, that is in any way related to City ownership, control or maintenance of the Property. Owner also acknowledges that all control over, or maintenance of, the Property has been the responsibility of Owner, or Owner's predecessors, for at least twenty (20) years prior to the date of this Covenant. Owner has consulted with legal counsel and as a result of that consultation fully understands the nature and extent of this release. 2 B. City releases and discharges Owner (including agents and representatives) from any claim, loss, liability or damage that is in any way related to Owners improvements to, or maintenance or control of, the Property prior to the date this Covenant is recorded. C. In granting their mutual releases, City and Owner waive the provisions of Section 1542 of the Civil Code that reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.'—'.--- 5. NOTICES Notices required to be sent pursuant to this Covenant shall be deemed given when personally delivered to the Party or when deposited in the U.S. Mail, first class postage prepaid and addressed as follows: OWNER CITY John and Kathryn D. Hamilton 2735 Ocean Blvd Corona Del Mar, CA 92625 X City of Newport Beach - City Manager 3300 Newport Blvd. Newport Beach, CA 92658 Dated:December 4, 1998 Dated: December 4, 1998 Dated: December 10, 1998 FXat\Shared\CodeEnforee\HamiltonEflis\Haml 20498.doc , Owner [signature] Kathryn D. Hamilton, Owner [Signature] Dennis D. O'Neil, Mayor [Signature] 3 J - STATE OF CALIFORNIA s Iss COUNTY OF ORANGE ? On December 4, 1998 , before me Barbara K. O'Kain, Notary , personally appeareduamiannHamilton , personally -. - . . _._ known -to me. (or -proved -to -me on._the basis of satisfactory -evidence) -to be -the. person(s)— whose name(s) isz#are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in r/their authorized capacity(ies), and that by FSR/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. BARR—ARA K. O'KAIN r Commission # 1170974 Z z�� -w Notary PUDHC - C011}0rrfQ 7 z • — Orange County I � My Comm. expires .tan 25.2002 Signature �n BARBARA K. O'KAIN (This area for official notarial seal) Title of Document RESTRICTIVE COVENANT ANDACREEMP.NT TO MAINTAIN PROPERTY Date of Document December 4, 1998 No. of Pages 4 including this nage Other Signatures not acknowledged Dennis D. O'Neil F:lcatlshared%CodeEnforceWamiltonEllis\Ag%Ham1103.doc 4 f RECORDING REQUESTED BY Recorded in the county of orange, California ,; AND WHEN RECORDED RETURN TO: VIII IIIIII I I IIIIIIII III III IIIIII II IIIIII III /Recorder No Fee City of Newport Beach 19990570603 4 ; 21 p11 08/04/99 Planning Department 006 25017338 25 23 3304 Newport Blvd. 0.00A0.00 0.00 00 0,00 15.00 0.00 0.00 0.00 P.O. Box 1768 Newport Beach, California 92658-8915 EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 RESTRICTIVE COVENANT AND AGREEMENT TO MAINTAIN PROPERTY This Restrictive Covenant and Agreement to Maintain Property (Covenant) is made in favor of the City of Newport Beach by Wade G. Ellis (Owner) is made with reference to the following: 1_1 RECENED BY INNING `DEPARTMEN-T r-_ T O iCCr-LrY � E ' 1 iP,;n i (= - i AUG 11 1999 PM 19�IOla1il�i�2i3,�,6 Owner is -the owner in fee of the real- property 'commonly known as -,2741 - Ocean Boulevard (Parcel). The Parcel is depicted in Exhibit "A" and legally described in Exhibit "B". City possesses an easement for street and highway purposes over the Property, adjacent to the Parcel and westerly of public improvements associated with Ocean Blvd. The Property consists of steep slopes that are unsuitable for any public improvement and are not necessary for any present -or prospective public purpose. D. Owner has improved the Property in conjunction with their use of the Parcel as a single-family residence. The improvements were authorized by the City and have been in place for more than twenty-five (25) years. E. City desires to abandon the Property while preserving public views from the adjacent sidewalk by controlling the height and nature of improvements within the Property. F. Owner acknowledges that City would not abandon the Property but for Owner's agreement to execute and record this Covenant. NOW, THEREFORE, the Parties agree as follows: 1. ABANDONMENT City will adopt a Resolution of Abandonment for the Property (Resolution). The Resolution shall reference this Covenant and shall reserve to the City all appropriate public facilities easements. The Resolution and this Covenant shall concurrently be filed with the County Recorder. 2. RESTRICTIONS Owner agrees to the following restrictions on the use of the Property; A. The Property shall be used only in conjunction with the permitted uses on the Parcel and shall be considered as a single building site for all purposes. B. Structures on the Property shall strictly comply with all provisions of the Newport Beach Municipal Code (NBMC), including, without limitation, Title 20 of the NBMC (Zoning Code) restrictions on the height and location of structures. Owner acknowledges that, as of the date of this covenant, the Zoning Code establishes a twenty-four foot (24') limit on the height of structures and prohibits any structure that exceeds the height of the "top of curb" on Ocean Blvd. Owner also acknowledges that, as of the date of this Covenant, the current front yard setback is ten feet (10') and the current side yard setback is four feet (4'). C. Landscaping and vegetation on the Property shall not exceed the permitted height of structures. However, the two existing (as of the date of this Covenant) pine trees shall be permitted provided they are properly trimmed and maintained to minimize view impacts and existing vegetation shall be permitted to a height not to exceed 36 inches (36") above sidewalk. The hedge must be trimmed to a height of forty-eight inches (48") or less when the maximum allowed height is reached. D. Lighting on the property shall be confined to low-level lighting designed to illuminate walkways and access points. Lighting that creates glare or impacts views shall not be installed. 3. MAINTENANCE Owner agrees to maintain all landscaping and vegetation on the Property and the Parcel at or below the height specified in this Covenant. City shall have the right to enter onto the Property or Parcel and bring the landscaping or vegetation into conformance with this Covenant in the event Owner fails to do so within ten (10) days after written notice of non-compliance is served on Owner. Owner shall pay City all costs associated with enforcement of the height restrictions on vegetation or structures including a thirty percent (30%) administrative fee. 4. MUTUAL RELEASE A. Owner agrees to release and discharge the City (including officers and employees) from any claim, loss or liability or damage that now exists or may exist at any time in the future, that is in any way related to City ownership, control or maintenance of the Property. Owner also acknowledges that all control over, or maintenance of, the Property has been the responsibility of Owner, or Owner's predecessors, for at least twenty (20) years prior to the date of this Covenant. Owner has consulted with legal counsel and as a result of that consultation fully understands the nature and extent of this release. B. City releases and discharges Owner (including agents and representatives) from any claim, loss, liability or damage that is in any way related to Owners improvements to, or maintenance or control of, the Property prior to the date this Covenant is recorded. C. In granting their mutual releases, City and Owner waive the provisions of Section 1542 of the Civil Code that reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 5. NOTICES -- Notices required to be sent pursuant to this Covenant shall be deemed given when personally delivered to the Party or when deposited in the U.S. Mail, first class postage prepaid and addressed as follows: OWNER CITY Wade G. Ellis 2741 Ocean Blvd Corona Del Mar, CA 92625 City of Newport Beach - City Manager 3300 Newport Blvd. Newport Beach, CA 92658 Dated: y— 3W — fr Dated: F:\Cat\Shared\CodeEnforce\HarriltonEi is\Ellis110ldoc X Wade G. 3 EXHIBIT "A" The Property That certain portion of street right of way within Ocean Boulevard in the City of Newport Beach, County of Orange, State of California lying easterly of and adjoining Block 033 of the Corona Del Mar Tract as shown on map thereof filed in Book 3, Pages 41 and 42 of Miscellaneous Maps in the office of the County Recorder of said County. Said certain portion being bound on the west by the easterly boundary of said Block 033, bound on the east by a line parallel and 55.00 feet westerly, measured at right angles, from the easterly line of said Ocean Boulevard and its northerly and southerly =-prolongation, -bound-- on- the north. by the- southeasterly prolongation of the northeasterly line of Parcel A as shown on a map of City of Newport Beach Resubdivision No. 82 recorded August 3,1959 as Document No. 124759 and filed in Book 4825, Pages 125 through 127 inclusive of Official Records in the office of said County Recorder and bound on the south by the southeasterly prolongation of the southwesterly line of Shell Street (formerly A Street) as shown on said map of Corona Del Mar Tract. Parcel Parcel B as shown on a map of City of Newport Beach Resubdivision No. 82 recorded August 3,1959 as Document No. 124759 and filed in Book 4825, Pages 125 through 127 inclusive of Official Records in the office of said County Recorder. F:lcatlSharedldalAg\El lis\Parcel B2741.doc a� z7Q9 2715: QCL 2708 271 2718 2718- : `SHELL ST MT ' 2719- :: 6:2723 ;;?727::> STATE OF CALIFORNIA } }ss COUNTY OF ORANGE } On , before me wol V �i�� , personally appeared F I h< - personally known to me (or proved to me on the basis of satisfactory evidence) to be the personoo whose name is/af&-subscribed to the within instrument and acknowledged to me that he/&haA4ey_exe_cuted_the- _sa me.- i n -h i si.h 9 FAheir_...authorized. capacity-oes},_and-that_.by _ _ his/ an4heir signature(} on the instrument the person(e)-or the entity upon behalf of which the person4o or the entity upon behalf of which the person(e} acted, executed the instrument. WITNESS my hand and official seal. LEILANI V. WIS I 1i Commission # 11717960 Signature V . I pNa ary Public - California ori Orange County Noy Comm. Expires Jan 25, 2002 (This area for official notarial seal) Title of Document Date of Document No Other Signatures not acknowledged F_lcatlshared\Code Enforce\Hami Iton EIIis1Ag\Ellis 1103.doc of Pages 4