HomeMy WebLinkAbout1695 - Easements from The Irvine Company_ Aft
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-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
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#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
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BUILDING
SANTA ANA. CALIFORNIA
F
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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>
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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
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