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HomeMy WebLinkAbout1695 - Easements from The Irvine Company_ Aft • 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 -46 ,.f. RESOLUTION NO. u a.LC WHEREAS, on or about the 9th day of January, 1937, the Irvine Company, a corporation, as party of the first part, granted to the City of Newport Beach, a Municipal corporation of the sixth class of Orange County,California, as party of the second part, certain easements described as follows, to —wit: All that certain real property situated in the County of Orange, State of California, and more particularly described as follows: PARCEL 1. A strip of land ten (10) feet in width, lying five X5) feet on each side of the following described center line: Beginning at a point in the United States Bulkhead Line between Bulkhead Station No. 103 and Bulkhead Station No. 104, as said bulkhead line and bulkhead stations are shown on a map entitled "Harbor Lines, Newport Bay,California ", approved by the War Department of the United States May 2nd, 1936, a copy of said map being on file in the office of the United States District Engineer, Los Angeles, California, said point of beginning being North 170 30' West, 188.46 feet from said Bulkhead station No. 104; running thence North 720 30' East, 185.2 feet, more or less, to an intersection with the westerly line of Bayside Drive, as said Bayside Drive is described in Parcel #3 in Deed of Right of Way from the Irvine Company to Orange County, recorded June 11th, 1936, in Book 830, page 217 of Official Records of Orange County, California. PARCEL 2 A strip of land described as follows: Beginning at a point in the southerly line of the 100 foot right of way of the California State Highway ORA -60 —B in Orange County, California, said point of beginning being at right angles to Engineer's Station 48 + 41.17 in the centerline of said Highway; running thence North 870 17' East, 34.00 feet; thence South 20 43' East, 17.00 feet; thence South 870 171 West, 34.00 feet; thence North 20 431 West, 17.00 feet tothe point of beginning. PARCEL 3 A strip of land described as follows: Within the boundaries of Bayside Drive extending from the California State Highway ORA -60.B in Orange County, California, southerly, easterly and southeasterly to the northwesterly line of Avocado Avenue, said northwesterly line being the northwesterly boundary line of the City of Newport Beach, as said Bayside Drive is described in Parcel LAW OFFICES OF ROLAND THOMPSON 1 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA r`t 0 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 #2 and Parcel #3 in Deed of right ofiway from the Irvine Company to the County of Orange recorded June 11th, 1936, in Book 830, page 217, Official Records of Orange County, California. PARCEL 4 A strip of land described as follows: Within the boundaries of Harbor Island Road extending southerly from Bayside Drive to the decree line as described in Case No. 24026 of the Superior Court of the State of California, in and for the County of Orange, as said Harbor Island Road is described in Parcel #4 in deed of right of way from the Irvine Company to the County of Orange, recorded June 11th, 1936, in Book 830, page 217, Official Records of Orange County, California. PARCEL 5 A strip of land described as follows: Within the boundaries of the California State Highway ORA -60 -B, in Orange County, California, extending from the center line of Bayside Drive, as said Bayside Drive is described in Parcel 3 hereof, westerly to the southwesterly prolongation of the northwesterly line of Lot 171, Block 54, Irvine Subdivision, as shown upon a map recorded in Book 1, page 88 of Miscellaneous Maps, Records of Orange County,California. And, WHEREAS, said Deed of Easement provides among other things as follows: "It is understood and agreed that the Irvine Company, the party of the first part herein, is desirous of connecting with the sewer line proposed to be constructed in, over and along the easements herein granted, and that negotiations are now and have been for sometime pending between the parties hereto, in relation to said matter; that the details of said agreement have not been worked out and therefore no formal agreement now exists between the parties hereto. However, it is distinctly understood and agreed that when and if a formal agreement shall be entered into between the parties hereto, within twoyears from date hereof, in relation to the party of the first part making connections to the sewer line of the party of the second part, that this easement shall be and is hereby granted to the party of the second part without compensation, and further, it is distinctly understood and agreed that if the parties hereto shall fail to come to a formal written agreement in relation to the matter herein mentioned, within a period of two years from date hereof, then and in such an event the party of the second part shall pay to the party of the first part, the dust and reasonable value of the easements herein granted, as of the date of this agreement. Said reasonable compensation and value to be ascertained and fixed as follows: The party of the first part shall appoint an appraiser, the party of the second part shall appoint an appraiser, and the two appraisers so appointed shall appoint a third appraiser; that any two LAW OFFICES OF ROLAND THOMPSON - 2. 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA 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 SPURGEON BUILDING SANTA ANA. CALIFORNIA F 4 of said appraisers so appointed may fix the amount of the award of said compensation to be paid by second party to the first party under the terms hereof, and said party of the second part shall within thirty days from and after the fixing of said award pay or tender to said party of the first part the amount thereof, and said party of the first part agrees to accept said award so made and tendered as full and Just compensation for the easement herein granted and from and after such payment or tender, the easement herein granted shall be in full force and effect, and if said award shall not be paid or tendered, then and in such an event all rights herein conveyed shall revert to the party of the first part. And WHEREAS, after negotiations between the Irvine Company and the said city of Newport Beach, the said mentioned parties were unable to agree upon any agreement permitting the said Irvine Company to connect with the sewer line now con- structed in, over and along the easements above described; and WHEREAS, said negotiations have been abandoned and in accordance with the provisions above specified, the said Irvine Company appointed an appraiser,to -wit, Stanley E. Goode, of Santa Ana, California, and the city of Newport Beach appointed Harry H. Williamson as its appraiser; and WHEREAS, said appraisers above named have arrived at a dust appraisal of said easements and have fixed the amount of the award of compensation to be paid to the said Irvine Company under the terms of said agreement; and WHEREAS, said award is satisfactory to the said Irvine Company and also satisfactory to the City Council of the City of Newport Beach; and WHEREAS, the amount of the award of said appraisers so appointed, was and is the sum of $4500.00. NOW, THEREFORE, BE IT RESOLVED: That the award of $4500.00 for the easements herein described, made by the appraisers for the City of Newport Beach and the Irvine Company, be and the same is hereby accepted. BE IT FURTHER RESOLVED: That the amount of said award, to —wit, the sum of #4500,00, be paid to the said Irvine Company, from tke f apg> 3. 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 ROLANO THOMPSON 210 SPURGEON BUILDING SANTA ANA. CALIFORNIA ..P I f BE IT FURTHER RESOLVED that upon the payment of said award of $4500.00 to the Irvine Company, that said easement heretofore mentioned, be recorded by the City Clerk of the City of NewportBeach. BE IT FURTHER RESOLVED that in accordance with said agreement herein mentioned that said ward be paid and tendered within thirty days from and after the date of said award, which award bears date as of the 14th day of December, 1939, and is on file in the office of the City Clerk ofthe city of Newport Beach, reference being made thereto for further particulars and the same is by such reference made a part of this resolution. 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 an adjourned regular meeting thereof held on the 18th day of December, 1939, by the following vote, to -wit: t!i \ (b A NOES, COUNCILMEN: ABSENT, COUNCILMEN: Mayor 6T the city of Newport Beac , California uxerx or the city o Beach, California 4.