HomeMy WebLinkAboutC-589 - Real Property agreement, Irvine Avenue, 18th Street; Mariners School & Park site1
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AGREEMENT
THIS AGREEMENT made and entered into this 13-a. day of
Y1�a 1957, by and between THE IRVINE COMPANY, a
West Virginia corporation, hereinafter referred to as "Company ",
NEWPORT BEACH ELEMENTARY SCHOOL DISTRICT, hereinafter referred to
as "District ", and the CITY OF NEWPORT BEACH, a municipal corpora-
tion, hereinafter referred to as "City ";
W I T N E S S E T H
WHEREAS, City and District and Company have concurrently
herewith entered into a certain escrow agreement wherein City and
District are to purchase from Company certain real property in the
City of Newport Beach to be used as a school site, fire station and
a public park, which said real property is described in Exhibit "A"
attached hereto and made a part hereof; and,
WHEREAS, Company owns certain land adjacent thereto; and,
WHEREAS, it will be necessary to provide streets for access
to and from said property and for the proper flow of traffic for tha
residents within the immediate neighborhood of said property and fol
the citizens of the City of Newport Beach;
NOW, THEREFORE, for the purposes aforesaid and in considera,l'
tron of the mutual promises contained herein, the parties hereto
agree as follows:
1. City will use that certain real property designated as
Parcel No. 1 as shown on a map marked Exhibit "B ", attached hereto
and made a part hereof, for street purposes and will improve same,
at its sole expense, as such within one year from the date hereof.
2. That District agrees that it will improve, at its sole
expense, that certain real property designated as Parcel No. 2 as
shown on Exhibit "B" as a public street, one year from the date
hereof.
3. That Company agrees, one year from the dite hereof,
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to convey to City an easement for street purposes to that certain
real property designated as Parcel No. 3 as shown on Exhibit "B" and
will improve said Parcel No. 3, at its sole expense, as a public
street within one year from the date hereof.
4. That certain other real property will be used, improved
and dedicated as public streets as hereinafter set forth upon the
completion by District of the school improvements upon its property
as described in Exhibit "A", or sooner if mutually agreed to by the
parties hereto; and within 90 days from either of such events, the
parties hereto agree as follows:
A. That District will improve at its sole
expense that certain real property designated as
Parcel No. 4 on Exhibit "B" as a public street;
B. That Company will convey to City an
easement for public street purposes that certain
real property designated as Parcel No. 5 as shown
on Exhibit "B ", and will improve said Parcel No. 5
at its sole expense as a public street;
C. That City will use and improve at its sole
expense that certain real property designated as
Parcel No. 6 as shown on Exhibit "B ", as a public
street.
5. The termzof this agreement shall be for a period of-0
'ive years from the date hereof unless sooner fully performed as here
>rovided.'
6. It is mutually understood and agreed to by the parties
-eto that the land to be improved as streets will be improved in
ordance with City's specifications.
IN WITNESS WHEREOF, the said Newport Beach Elementary Schoo
trict has this day caused its name to be signed and itsseal to be
ixed by its officers thereunto authorized by resolution on the
It, day of MAY , 1957, The Irvine Company has caused
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its corporate name to be signed and its corporate seal to be affixe
by its officers thereunto authorized by resolution of its Board of
Directors on the day of , 1954, and the City
of Newport Beach has this day caused its corporate name to be signe
and its corporate seal to be affixed by its Mayor and City Clerk
thereunto duly authorized by Resolution of the City Council of the
City of Newport Beach on the ,!3 rL day of May, 1957.
NEWPORT BEACH ELEMENTARY SCHOOL
DISTRICT
BY _)
B
y
CITY OF NEWPORT BEACH Q�
2�✓�
By y .
mayor
By A �4 t:;^ 1
uityt vlerx
3.
EXHIBIT "A"
1 A. Land Purchased by Elementary School District.
2 A parcel of land containing 11.717 acres, and being a portion of
Block 53 as shown upon a map of Irvine's Subdivision recorded in
3 Miscellaneous Record Maps Book 1, page 88, Records of Orange County,
California, and more particularly described as follows, to -wit:
4
Beginning at the intersection of the southeasterly prolonga-
5 tion of the center line of 18th Street as shown upon a map
of Newport Heights recorded in Miscellaneous Map Book 4,
6 Page 83, and a line lying southeasterly of, parallel to,
and distant 30 feet from the northwesterly line of said
7 Block 53; thence south 50° 11' 05" east a distance of 305
feet to the beginning of a tangent curve, concave to the
8 north and having a radius of 300 feet; thence easterly
along said curve an arc distance of 398.68 feet; thence
9 north 530 40' 25" east tangent to last mentioned curve,
a distance of 336.92 feet to the beginning of a tangent
10 curvq concave to the southeast and having a radius of 710
feet; thence northeasterly along said tangent curve an are
distance of 260.07 feet; thence north 15° 20' 20" west,
12I radial to last mentioned curve, a distance of 30.feet;
thence north 50° 11' 05" west a distance of 7588.99 feet
to a point of intersection with the aforementioned line
131 lying southeasterly of, parallel to, and distant 30 feet
from the northwesterly line of said Block 53; thence south
14 39' 48' 55" west along said parallel line a distance of 808
feet to the point of beginning.
15
16;B. band Purchased by City of Newport Beach.
17j A parcel of land containing 9.019 acres, and being a portion of
Block 53, as shown upon a map of Irvine's Subdivision recorded in
18 Miscellaneous Record Maps, Book 1, Page 88, Records of Orange County
California, and more particularly described as follows, to -wit:
19
Beginning at the intersection of a line lying southwesterly of,
20 parallel to, and distant 17 feet from the southeasterly pro-
longation of the center line of 19th Street as shown upon a
21 map of Newport Heights, recorded in Miscellaneous Map Book 4,
Page 83, Records of Orange County, said line also being the
22 northwesterly prolongation of the southwesterly line of the
Orange County Flood Control Channel, as conveyed to the County
23'i of Orange by deed recorded April 7, 1954, in Book 2705, Page
539, Official Records of said Orange County, and a line lying
24 southeasterly of, parallel to, and distant 30 feet from the
northwesterly line of said Block 53; thence south 50' 11' 30"
25 east along said northwesterly prolongation and along said
southwesterly line of said flood control channel a distance
26I of 277 feet to the beginning of a tangent curve, concave to
the southwest and having a radius of 868 feet; thence south -
27I easterly along said curve and said southwesterly line of the
flood control channel a distance 713.99 feet; thence south 3°
28 03' 42" east, tangent to last mentioned curve, and along said
southwesterly line of the flood control channel a distance of
29 58 feet; thence south 16. 55' 29" east along said southwesterly
line of the flood control channel a distance o£ 10.46 feet; thenc
30 south 86. 56' 18" west a distance of 106.72 feet to the begin-
ning of a tangent curve, concave to the southeast and having a
31 radius of 710 feet; said line also being the southwesterly pro-
f longation of the center line of Mariners Drive, 60 feet in
321 width, as shown upon a map of Tract No. 3004, recorded in
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Miscellaneous Map Book 92, Pages 1 and 21 Records of said
Orange County; thence-wcsterly along said curve a distance
of 152.14 feet; thence north 15' 20' 20" west, radial to
last mentioned curve, a distance of 30 feet; thence north
500 11' 05" west a distance of 758.99 feet to a point of
intersection with the aforementioned parallel line lying
southeasterly of, parallel to, and distant 30 feet from
the northwesterly line of said Block 53; thence north 39'
48' 55" east along said parallel line a distance of 495.70
feet to the Point of Beginning.
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RESOLUTION N0, ';.62n
i
WHEREAS, there has been duly presented to-the City Council of
the City of Newport Be :.,a certain agreement between the City of
Newport Beach, the Newport Beassh Elementary School District and
The Irvine Company, wherein the partiesthereto mutually agree that
certain real property will be used, improved and dedicated as
streets as more particularly set forth in said agreement; and,
WHEREAS, the City Council has heretofore considered the terms
and conditions of said agreement and said terms and conditions are
reasonable and equitable;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City
Clerk be, and they are hereby, authorized and directed to execute
said agreement in the name of and for and on behalf of the City of
Newport Beach,
The above and foregoing resolution was duly and regularly
passed and adopted by the City Council of the City of Newport Beach
at a regular meeting thereof held on the 12t!'! day of May, 1957,
by the following roll call vote, to -wit:
'ATTEST:
ally y ul 'er
AYES, COUNCILMEN: '< :.Tr ds Y, :'ic:: a
Stos.:<drd
NOES, COUNCILMEN: 2�ore
ABSENT COUNCILMEN: '•= dd� - -o=
yor
# 0 tt 0
On January 22,1958, Mr. Roy Anderson informed
me that the County Counsel's office had
reviewed the proposed amendment to the agreement
with The Irvine Company, the Newport Beach
Elementary School District, and the City of
Newport Beach, and that the County Counsel's office:
had stated that the amendment would be in
order for approval. Mr. Waldron in the County
Counsel's office was the rerson with whom Mr.
Anderson conferred.
MSS
1-
CITY OP =MW BRACH
City Attorney
1YT ,. S Vey"
Date Jan, 20, 1958
Tot Director of Publie Works
From- City Attorney
Subjeett Amendment to the Contract between the City, Newport Beach
Elementary School District and the Irvine Company
A resolution has been prepared by which the Council may
approve the amendment to the subject agreement. The resolu-
tion, the amendment, and the agreement have been transmitted
to the City Clerk.
It is suggested that you be prepared to advise the
Council on the details of the amendment at the study session
on January 27th and at the Council Meeting.
WWC:ims
cc: City Clerk
�� �� Cam. f . t � p' � �•'
AI GT. Char
City Attorney
/A,
w
C -589
See Contract File for
Vicinity Map of
Proposed Road
Improvement
(Exhibit B)
•
The Irvine Company
13042 SW Ntford
Tustin, California
s
February 10, 1958
Attention: Mr. W. B. Nellis
Dear Mr. Hellis:
Enclosed please find the original and two
executed copies of the following: Resolution No.
4737, being a resolution authorizing the Mayor and
City Clerk to execute an amendment to the agreement
by and between The Irvine Company, the Newport Beach
Elementary School District, and the City of Newport
Beach, which was executed on the 13th day of May,
1957, and the amendment to the agreement dated
January 27, 1958.
If the amendment to the agreement is
acceptable to your company, will you please have the
original and two copies executed, retaining one copy
for your records and returning the original and the
second copy to me.
Very truly yours,
Margery Schrouder
City Clerk - Treasurer
MS:a
Enc.
sd4tj,�
13042 MYFORD ROAC
TUSTIN, ORANGE COUNTY
0
THE IRVINE COMPANY
L- POST OFFICE BOX 37- TUSTIN-CALIFORNIA
'PHONE: SANTA ANA - Kimberly 2- 4455 - TE LEG RAMS - EXPRE55 -SANTA ANA
City of Newport Beach
Newport Beach, California
February 13, 1958
It ECFIVI-
FCS 14'A
Attention - Margery Schrouder CITY L.1.: _ °'` i'' "Ea
City Clerk - Treasurer CITY OFALV,pwiI'BEAGH
Gentlemen:
In accordance with your letter of
February 10th we have executed and return herewith the
original and one copy of amendment to the agreement
between this Company and the Newport Beach Elementary
School District, and the City of Newport Beach,
Very truly yours,
THE IRVINEE COMPANY
BY
Chas. M. Plum, Secretary
GHT:mm
Enc. (2)
February 14, 1938
Kr. Boy Anderson, Superintendent
Newport Beach Elementary School District
P. o. Box 368
Newport Beach, California
Dear Mr. Anderson:
Attached hereto please find completely executed copy of the
City of Newport Beach Resolution 4737 and the amendment to
the agreement between the Irvine Company. Newport Beach
Elementary School District, and the City of Newport Beach,
which agreement was originally dated May 13, 1957. and
which amendment to said agreement was authorised by the
City Council on January 27, 1958.
You will note that the Irvine Company has indicated that
the amendment to the agreement is authorised under a re-
solution of its Board of Directors dated April 23, 1956.
I have confirmed with Mr. Plum of the Irvine Company that
the date they have inserted on the second page of the
amendment Is a proper date.
il
MS, bf
Enclosure
Very truly youre,
Margery Schrouder
City Clerk - Treasurer
UP
BIAN
R MNIARY
0001*f1RfCT
3000 CLIFF DRlve
P. D. Box 368
N(WPORT B(AOH, CALIFORNIA
ROY D. ANDERSEN
DISTRICT SUPERINTENDENT February E, 1958
THOMAS E. WOODWARD,
ASSISTANT DISTRICT SUPERINTENDENT
AND BUSINESS MANAGER
TELEPHONE: LIBERTY 8.1164
Miss Margery Schrouder
City Clerk
City of Newport Beach
Newport Beach, California
Dear Miss Schrouder:
BOARD OF TRUSTEES
M. A. BERRY
PRESIDENT
MILD B. LACY
CLERK
HELENE CBENAR
MEMBER
HARVEY D. PEASE
MEMBER
JAMES D. RAY
MEMBER
E 13
VE.) i- 3 LI
Grl,1 - I -I:S;R
ur j'y ut twkpotcl iaA4u
Enclosed you will find our signed copy of the amendment
to our agreement. Please let me know when I can sign the
other copies and when you have a completed copy with the
Irvine Companyts signature for my file.
Sincerely yours,
NEWPORT BEACH ELEMENTARY SCHOOIS
�lz r �:�'GVa� -Y-✓
R. 0. Andersen
District Superintendent
ROA:fw
encl
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i, 7 -1640TION N#'�LA q 3
A',RESOLXITION OF TF1 b O TO CITY W
BEA THE RACT
BEACH FIMJDnAft -4
DISTRICT, Af@ TIE T
IRVINE COiPANX,.:DA
MAY 13, 1957#,..
on M,:t,? the City of Newport Beach, the
N!'e'..4-port Beach 'Elementary -School District, .WA the Irvine Cc-anY
entered ifto tr contr%ot to pro" for the dedicatlonffifA.ir-'PrGve-
ment of cert*J= streets in the Vicinity of Irvine koftue, Dover
Drive, and Owiners Drive.; and
Wr01EA4,,. it. is now more convenient for the. parties to amend
said' agreementj and
WOREA13i the Council has heretofore considered the t*rms end
conditions of -the .proposed amendment end found said terms and con-
ditions to be reasonable and equitable;
NOW, TORE, BE IT RESOLVED that the May(Yr and City,01erk
are hereby authorized . and directed to execute said amendwAlVit on be-
half of the City of Newport Beach.
This resolution was adopted by the Council of the city of
Newvort Beach at a regular meeting on the. of
1958, by the following vote, to wit-
qty er
AYZSj
177777771777=
NOES, COUNCILMEN
ABSENT CWKC1LXW
A
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W
A •IUUMNT TO AGRMNE'NT
ft
It is hereby mutually agreed by the undersigned that a certain
agr =ement made and entered
THE, IiR.VI '.E CGf :. UY, !' `.IW".t
as "Company", N1111.'0 i_ B7,AC
red to as "District ", and
tion, hereinafter referred
amended by substituting in
tae folloiring:
into the 13th day of gay, 1957, by and between
Virginia Corporation, hereinafter referred to
EL['JEPET RY XWOL DI TPUT. hereinafter refor-
the CITY Or P1" !PO° l' R ACM, a municipal corpora -
to as "City" shall be and the same is hereby
place of ParaF.raph 4 of the original agreement
"!,. That certain other real property will be used, improved and
dedi.cnted as public screots as hereinafter set forths
A. That District will Liprovo at its sole expense all that
certain real property designated as Parcel 4 on Fxhibit "? ", as
itevised on January 16, 1958, not later than 90 days after the
completion by District of the school improvements upon its prop-
Irby- as dawcriled in ixdlblt "A";
i?. That Company will convey to City an easwent for public
street purpos,ss over all real property owned by Company and lying
within those certa'.- portions of real property designated as Parcel
4 and Parcel 5 on _xhibit "Ii", as 'evised or. January 16, 1958 with-
in 180 days of the date of signing this amendment;
C. That City will use and improve, within 180 days of the
date of signing this amendment, at its sole expense that certain
real property designated as Parcel 6 on ?ahibit •E" as V:evised on
January 16, 1958, as a public street."
In all oth• ^r respects tP:e original agreement shall remain in full force
and effect.
L' WITT2;`;SS WMET.:0C. the said Newport 1seach .3lenentary School i istrict
has this day caused its nape to b: signed and its seal to be affixed by
its officers thereunto authorized by resolution on the r day of
i
z ice_, 1958, The Irvine Company has caused its corporate name
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to be signed and its corporate seal to be affixed by its offices thereunto
authorized by resolution of iti- on I of 'irectors on the _ day of
an,l V.,e -;it of Neunpo -t Reach has this day caused
its corporate name to be signed and its corporate seal to be affixed by
its ;,ayor and City Clerk t;..s•eunto duly authorized by Resolution of the
Cit.— Clouncil of the Cit-,,- of Nelrpo-,.-t Bench on the --� -,,)
day of
1958.
VIT I'livikZ CUITVI
Tki
B I
y
,f,,;WPOYP ;4C' = SVIOOL
1 . )IZ.'TI !T CT
Dy
CITY OF
-:savor
BY
City Met*
CITY OF NEWPORT BEACH
City GWk - Treasurer
July 29, 1957
TO: Director of Finance A. H. Broussard
FROM: City Clerk - Treasures
RS: Newport between the of New Beach the
Newport Beach Element hool District and The
Irvine Company. (Resolution No. 4639)
In connection with the above, please
find attached Califosaia Bank Escrow
Check No. 609611, wed July 22, 1957,
in the amount of $8'9.64, representing
over- payment of escrow charges, together
with a copy of a letter dated July 26
1957, from the California Bank, as weil
as a copy of the Escrow Statement.
E
ATT
(Written in absence of Margery Schrouder)
a
71
California
Bank
"1N1UKDWL MARINERS OFFICE• 2712 WEST COAST HIGHWAY- NEWPORT BEACH -CALIFORNIA
UMS snnm
July 26, 1957
Escrow
Miss Margery Schrouder
City Clerk - Treasurer
Newport Beach, California
Dear Kiss Schrouder:
We enclose:
1. Escrow settlement statement.
VO
06Ar
�
Gt��Y OF �'C
�T
2. Our check 609611 in the amount of $89.64,
representing over - payment of escrow charges.
3. Original Resolution 4639 and agreement.
4. Policy of title insurance - Title Insurance
and Trust Company No. 243216.
yours
Graham
w Officer
ESCROW
STATEMENT
City o
Description: (Sale
July 25 1957
(Page One)
Otalifornia Bank
Mariners OFFICE
DOCUMENTS
ch - Schrouder
NO. 442
NOTE: The following covers money settlement THROUGH ESCROW only.
( Following memo, for sales only.
For exchange see reverse side.)
SALE
Paid outside of Escrow $
Cash through Escrow
Unpaid Balance of
Encumbrances of Record
New Encumbrances
Total Consideration
Debits (Paid) Credits (Received)
Deposits 2
22,731 1
11
One -quarter of all charges listed on reverse side
Demand for Deed —Rasa MEMS 9 2
22 7 0
0
Demand for Note 1
1
Adjustment on unpaid balance of Trust Deed from $ to $
Pro Rata Interest at % on $ from to
Pro Rata Taxes $ from to
Pro Rata Rents $ from to
Pro Rata Insurance Premium $ from to
I
Adjustment of Impounded Funds j
Pro Rata Mortgage Insurance Premium $ from to N
N
For Release of Reconveyance of Trust Deed Principal
Interest on $ at % from to
Commission
Policy of Title Insurance
U. S. Internal Revenue Stamps
Service Charge for Beneficiary's Statement (Paid Lender)
Reconveyance Fee (Paid Trustee)
I
Recording Deed Trust Deed Reconveyance
Recording
Paid Taxes Paid Special Assessments I
I
Tax Service
Insurance — Additional Coverage Transfer Mortgage Clause
Escrow Fee —Sale Buyers Loan Exchange
Drawing Deed Trust Deed Release Assignment Chattel Mortgage
Drawing Bill of Sale Notice of Sale Notice of Chattel Mortgage
Notary Fees '
'
Deposited to the Account of
CHECK HEREWITH 8
8 9 6
6
BALANCE DUE THIS BANK
TOTAL 1
11 22,733 1
13 2
22,733 1
13
01 ck sodrm as i. `✓M Your
(Page Two)
(MEMO FOR EXCHANGES ONLY)
Name(s) of First Party:
Name(s) of Second Party:
Description of Parcel 1:
Description of Parcel 2:
Title Policy $230,00
Revenue stamps 57.75
Recording deeds 16,20
Escrow fee 80,00
Total Charges$383.95
i
Parcel l
Parcel
Selling Price $
Unpaid Balance of Encumbrances of Record
Equity Conveyed
(To Balance Equities)
Cash
From
First Party
From
Second Party
Purchase Price Trust Deed on Parcel No.
Name(s) of First Party:
Name(s) of Second Party:
Description of Parcel 1:
Description of Parcel 2:
Title Policy $230,00
Revenue stamps 57.75
Recording deeds 16,20
Escrow fee 80,00
Total Charges$383.95
i
C ✓ p T
ESCROW INSTRUCTIONS
MAiIIJeas BANK sale
da�om do.
y..imuaswtum Nemo r" Caaferwia %x'11 23a
Ira mm oj(eer, Vpblral� b 7
1 wail A6na yew a 1)esd .seerta/ by-- tT� IT2YZ'Q L7'7PAn _
to' EWPORT W.ACH EL itAW E1i<101. DISERWIV 90d em rkr E1dBi_Imum
toreriwg that "mail proyerty'desoriM! m /*Dews:
P19C7 Is 11.117 icrss at 129)0.00 an .serf; iM
J 9.019 acres at 32,500.00 -in acre, (as described on the attached
le2vdscrfption, and being deoded to the above voeteoe reepsetively.)
b d t nt the a
or the abo.m . a property J 22 li 0 ad to parcel 22
iiiy �ti' eiu r�°` at�t art�ary,zyz.�`aa to Par ii aerpert is a��n�ippa��r.a,y ch3�oo1 - --
Yon are tau deliver said doed to the grantee, when YOU hold for my "DMOut JMPq JUM AA-V-57--days fsow date
hereof Me sow of J 1220547e50 and 129*2924,50 or .% tftal of t �8D000.
and in coasldnuhmw therV0, I hwvbV Nruo to Dow"IF. oW r�roporty for we Price tntd an Me tasww AVOW. Tome& /row
sold fun& pow are onthorised to deduct your usral wWWs llerom And ritle Co. charges, and pay any encuaasream ew Sold
Property noo"mry to taws s rocky of ritA tlnowrawor in to rswal /orar of •
122,547: as tom �t std
Veen.) Title Inc• :. Tract COA muh. �slatp o! t1i1 al.�_.'_°�Oe y to r.00i Here eheraof
vented in rhs 'grantee, Tres of oD ;;-a bre", except '
xipt all raw.. for a -55
I! agroo to pay any personal town Property charged tows*./ .
tnt ao
. Iewments a. a,, _
Jr& any rights of wry lw Venda. Pips Upon, ditahm, oewents and reeerrotbas and restrictions oherk;ho of othw
Wndo W the some y. .
Deed of Trait to rOeerd socrriy a nob fw S. K)w 'with intsreLt /rwa :.............. ......... .
at ar teal pw annww, psyaW 1qE elf an iutai Intent wote itorwt . mem
dated lone
erecwted
in favor
rsu -;w
_—.._Califorwb,
(OVER)
Iy Pt ?I ?117TZX o.: '.'., it is agreed betwtr7 ,tiawper °. ' ^:ch - 1aBent7xy
Scroll :Zistrlct rd tiv5 4 ty of v wport asaaho tt-at the �hool viii grant
to M1 �i yy o.t I wport W-Acp an saseaaat is a d to tl t* praoarty dese#ib+ed
In' the att=6 L;ov as Pawl No. 3eeoe
Taxes an of CIO!" of elcrzw
Pro -rote.
'Fire /nsxrnnce as o/ tXfle
Bent as of
�� Interest m fezee t interest on
p y im protementa tweaentewts to bonds) as
,You tam authorized to pay r1ow _. _. _Broker's License Mo.--Mu
9 4932.45
t._ xpon the elan of this escrow ss emaimissimc• Pam!Z "'tS 25.30
You are instructed to attach to such deed Internal Revenue stamps in the amount of _..
Time w declared to be the d"waca al theva iaatructdans. 11 you am enable to comply aerewith within the time spe"lied
and such additional time required to make 4n .xominatton of Vie Official Records, you will return all documents, no", or
Property to the party entitled thereto_ it"% satisfactory wraten demand arW authorizafbu. In the absence of swA demand you
aid proceed "th these instruttiona as anon as PC"".
9eAer'f CAar �'r'13 * of the C."r7oj to
n7id BY wlier signaturo.
: r XL
1 Title' Policy
#zAh
1 r. s. s.
-~5T
Eseraw Fee
- -80.
Cummieswn
Dwy. Deed
30
Ims. trans /er
mom
.
Telephone._ —.___
1' ' M: �•
Tie 171ME CO;T vY
911s/ am, X. Plum
I approve of t o � ti' boas and a ee t buy Said property for the rice and an the term+ hereinbefore melted.
'` ,Wpt :�# raroel t, �a.s�rt .scaeh .2ene;s cry 01 District
a„•i Will hand you $4274 -46 - -- t�lY,al 23 r- :ty J`.r .,1g'P•t Jeac.'t
and ant dovsimr is required of ate to complete this escrow as above prot.�fed.
I authorise you to deposit said funds in parr general -esaTOw account nod agree to pay any charges or ad Lances that are prep-
rrty cAurgeabte to me.
Dated 1-!1 239 1957 3iynatrre_...� ). ;4111 "14,y °r
Bayer's charges mat 3-:,V7; . =T, T, x Y ?��'.'•
117- {.L
1 Recording Deed Ore-balf of t e
Escrow fee 1 ` -. • jed
Dwy. T; D and note ... _
1". Trimaler
Loan transfer
3y /s/ Rby 0. l s]eTsen
District -1uperint+enritdnt
POLICY OF TITLE INSURANCE
ISSUED BY
TITLE INSURANCE AND TRUST COMPANY
OF LOS ANGELES
Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the Com-
pany, for a valuable consideration paid for this policy of title insurance, the number, date, and amount
of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
together with the persons and corporations included in the definition of "the insured" as set forth in the
stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A which
the insured shall sustain by reason of:
1. Title to the land described in Schedule C being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not
shown or referred to in Schedule B; or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B
securing an indebtedness, the owner of which is insured by this policy, but only
insofar as such defect affects the lien or charge of such mortgage or deed of trust
upon said land; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule B, such mortgage or deed
of trust being shown in the order of its priority in Part Two of Schedule B;
all subject, however, to Schedules A, B and C and the Stipulations herein, all of which
schedules and stipulations are hereby made a part of this policy.
In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
TITLE INSURANCE AND TRUST COMPANY
by �� NT
PRESIDENT
Attest- s ^c! /r��r -"+7
SECRETARY
1014 Oabide Ce..no. 9 -56
1VentVre and Oronge CeVnt';ef Only)
Colifernia land Title Arrecioilen
Stondard Coverage Poliq Form
Fee $136.00
Copyright 1950
POLICY OF TITLE INSURANCE
ISSUED BY
TITLE INSURANCE AND TRUST COMPANY
OF LOS ANGELES
Title Insurance and Trust Company, a corporation, of Los Angeles, California, herein called the Com-
pany, for a valuable consideration paid for this policy of title insurance, the number, date, and amount
of which are shown in Schedule A, does hereby insure the parties named as Insured in Schedule A,
together with the persons and corporations included in the definition of "the insured" as set forth in the
stipulations of this policy, against loss or damage not exceeding the amount stated in Schedule A which
the insured shall sustain by reason of:
1. Title to the land described in Schedule C being vested, at the date hereof, otherwise
than as herein stated; or
2. Unmarketability, at the date hereof, of the title to said land of any vestee named
herein, unless such unmarketability exists because of defects, liens, encumbrances,
or other matters shown or referred to in Schedule B; or
3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not
shown or referred to in Schedule B; or
4. Any defect in the execution of any mortgage or deed of trust shown in Schedule B
securing an indebtedness, the owner of which is insured by this policy, but only
insofar as such defect affects the lien or charge of such mortgage or deed of trust
upon said land; or
5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or
encumbrance upon said land, except as shown in Schedule B, such mortgage or deed
of trust being shown in the order of its priority in Part Two of Schedule B;
all subject, however, to Schedules A, B and C and the Stipulations herein, all of which
schedules and stipulations are hereby made a part of this policy.
In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be
hereunto affixed by its duly authorized officers on the date shown in Schedule A.
TITLE INSURANCE AND TRUST COMPANY
by �� NT
PRESIDENT
Attest- s ^c! /r��r -"+7
SECRETARY
1jh
1012A -11 9 -56
Colifornia Land Title Msoriation
Standard Corerape Pollq Form SCHEDULE A
Caarriaht 1950
Amount $22, 548.00 Date July 19, 1957 Policy No. 243216
at 9 a. m.
INSURED
CITY OF NEWPORT BEACH, a municipal corporation.
The title to said land is, at the date hereof, vested in:
CITY OF NEWPORT BEACH, a municipal corporation,
SCHEDULE B
This policy does not insure against lose by reason of the matters shown or referred to in this Schedule except
to the extent that the owner of any mortgage or deed of trust shown in Part Two is expressly insured in
paragraphs numbered 4 and 5 on the first page of this policy.
PART ONE: This part of Schedule B refers to matters which, if any such exist, may affect the title to said
land, but which are not shown in this policy:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing agency or by the public
records; and easements, liens or encumbrances which are not shown by the public records.
2. ]tights or claims of persons in possession of said land which me not shown by the public records.
3. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained
by an inspection of said land, or by making inquiry of persons in possession thereof, or by a correct survey.
4. Mining claims, reservations in patents, water rights, claims or title to water.
S. Any laws, governmental acts or regulations, including but not limited to zoning ordinances, restricting, regulating
or prohibiting the occupancy, use or enjoyment of the land or my improvement thereon, or any zoning ordinances
prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the
effect of any violation of any such restrictions, regulations or prohibitions.
10128 Cont. 9.56
colffornio land nib % o rim1
Stamdard Cama9e Poli q form SCHEDULE B— (Continud)
CeanioM 1950
PART Two: This part of Schedule B shows liens, encumbrances, defects and other matters affecting the
title to said land or to which said title is subject:
1. General and special county and city taxes for the fiscal year
1957 -1958, a lien not yet payable.
2. An easement for a sewer trunk main and incidental purposes
over a strip of land 10 feet in width, the center line of which
is described as follows:
Beginning at a point in the northeasterly line of Lot 2, Tract
No. 1125, as shown on a map recorded in book 39 page 8 of
Miscellaneous Maps, records of Orange County, California, 529.98
feet southeasterly of the most northerly corner of said Lot 2;
thence North 39' 44' 30" East along a line measured at right angles
to said northeasterly line of Lot 2, 375.00 feet; thence North
33' 16' 05" East 391.50 feet; thence North 26° 55' 40" East
355.00 feet; thence North 190 27' 30" East 355.00 feet; thence
North 120 46 40" East 280.00 feet; thence North 70 18' 30" East
240.00 feet; thence North 10 35' 45" East 314.53 feet; thence
North 30 05' 35" West 260.00 feet; thence North 130 14 00' West
300.00 feet; thence North 330 06' 50" West 295.42 feet to a point,
said point being 40 feet southwesterly of the northeasterly line
of said Lot 164, Block 53 of Irvine Subdivision, said point being
also 410.00 feet southeasterly of the center line of Irvine Avenue,
as said Irvine Avenue is shown on a map recorded in book 4 page
83 of Miscellaneous Maps, records of said Orange County,
California; thence North 500 15' 40` West along a line
parallel to the said northeasterly line of Lot 164, 300.00 feet;
thence North 310 19' 55 West 85.00 feet more or less, to an
intersection with the southeasterly line of said Irvine Avenue.
The said lines of said 10.00 foot easement are to be lengthened
or shortened so as to terminate on the said southeasterly line
of Irvine Avenue, as granted to County Sanitation District No.
Six (6), a public corporation, recorded July 18, 1952 in book
2358 page 401, Official Records.
3. An easement for pipe lines and incidental purposes, over a
strip of land 20.00 feet in width, being ten (10) feet on each
side of the following described center line:
Beginning at a point in the southeasterly line of Irvine Avenue,
60 feet in width, as shown upon a map of Tract No. 1154, recorded
in Miscellaneous Maps, book 37 page 12, Records of Orange County,
California, said point being southwesterly of and distant 57 feet
from the intersection of the southeasterly line of said Irvine
Avenue, and the center line of the Orange County Flood Control
Channel, as conveyed to the County of Oranize by deed recorded
April 7, 1954 in book 2`(05 page 539 Official 3ecords; thence
South 500 11' 30' East a distance of 2("( feet, plus or minus,
to the beginning of a curve concave to the southwest and having
• radius of 828 feet; thence southerly along said curve through
• central angle of 4;0 07' 48 a distance of 681.09 feet to the
beginning of a reverse curve, concave to the northeast and
having a radius of '730.08 feat; thence southeasterly along said
curve through a central angle of 140 42' 03" a distance of
187.32 feet to the beginning of a reverse curve, concave to the
southwest and having a radius of 730.08 feet; thence southerly
along said curve through a central angle of 19° 31' 49" a distance
of 241.56 feet to the beginning �f a curve, concave to the north-
west and having a radius of 2758 feet; thence southerly along
said curve through a cental angle of 330 56' 49" a distance of
1634.08 feet to the end of said curve; thence South 35° 42' 53
West, tangent to the last mentioned curve, to the intersection
with a line that bears South 82° 46' 11' West and distant 539.61
feet from a point, said point being the radius point of a curve
of the center line of the aforementioned Orange County Flood
Control Channel, and concave to the northeast and having a
radius of 350 feet; said line that bears South 82° 46' 11" West
is also the center line of an 80 foot parcel of land as conveyed
to the City of Newport Beach by deed recorded May 24, 1956 in
book 3523 page 378, Official Records.
Except therefrom that portion of the aforementioned twenty (20)
foot easement that falls within the aforesaid eighty (80) foot
parcel of land conveyed to the City of Newport Beach, recorded
August 20, 1956 in book 3610 page 206, Official Records.
10 2 c 000da Caaatla. 9.56
CB Land Title k
dallBn
r3landad C va PBII � SCHEDULE C
CBPYri Bhl 1950
Description of land, title to which is insured by this policy:
That portion of Lot 164 in Block 53 of Irvine's Subdivision,
in the city of Newport Beach, county of Orange, state of California,
as per map recorded in book 1 page 88 of Miscellaneous Maps, in
the office of the county recorder of said county, described as
follows:
Beginning at a point on a line parallel with and southeasterly
30.00 feet from the northwesterly line of said Lot 164, North
39' 48' 55" East 808.00 feet from the intersection of said parallel
line with the southeasteiy prolongation of the center line of 18th
Street as said center line is shown on a map of Newport Heights,
recorded in book 4 page 83 of Miscellaneous Maps, in the office
of the county recorder of said county; thence South 50' 11' 05''
East 758.99 feet; thence South 150 20' 20' East 30.00 feet
radially to a point on a curve concave southeasterly and having a
radius of 710.00 feet; thence easterly 152.54 feet along curve to
a line tangent; thence North 86 56 18" East 106.72 feet along said
tangent line (being also the westerly prolongation of the center
line of Mariners Drive, as shown on a map of Tract No. 3004,
recorded in book 92 pages 1 and 2 of Miscellaneous Maps, in the
office of the county recorder of said county) to the southwesterly
line of the land conveyed to the Orange County Flood Control
District by deed recorded April 7, 1954 in book 2705 page 540 of
Official Records; thence North 16° 55' 29' West 10.46 feet
along said southwesterly line to an angle point therein; thence
North 3° 031 42' West 58.00 feet to the beginning of a tangent
curve on said southwesterly line having a radius of 713.99 feet;
thence northwesterly 868.00 feet along said curve to the northerly
terminus thereof; thence North 50° 11' 30' ,Jest 277.00 feet to said
parallel line; thence South 39° 48' 55" West 495.70 feet to the
point of beginning.
EXCEPT the interest in the northwesterly 50 feet, the easterly and
northeasterly 64 feet and the southerly 30 feet of said land, which
was reserved for road and utilities purposes, by The Irvine
Company, a corporation, in deed recorded July 19, 1957.
ft
10110 Oxhide Counties 9.56
California Land Title Association
Standard Coverage Policy Form
Copyright 1950
1. SCOPE OF COVERAGE
This policy does not insure against, and the Company
will not be liable for loss or damage created by or
crising out of any of the following: (a) defects, liens,
laims, encumbrances, other matters which result in
no pecuniary lass to the insured; (b) defeats, liens,
encumbrances, or other matters created or ¢ ring
subsequent to the date hereof; (c) defects, liens,
encumbrances, or other matters created or enffered by
the insured claiming such loss or damage; or (d)
defects, liens, claims, encumbrances, or other matters
existing at the date of this policy and known to the
insured claiming such loss or damage, either at the
date of this policy or at the date such insured claim -
ant acquired an estate or interest insured by this policy,
unless such defect, lien, claim, encumbrance or other
matter shall have been disdoxed to the Company in
writing prior to the issuance of this policy or appeared
at the date of this policy on the public records. Any
rights or defenses of the Company against a named
insured shall be equally amilable against any person
or corporation who shall become an insured hereunder
as sure,c -c of such named insured.
1. DEFENSE OF ACTIONS. NOTICE OF ACTIONS
OR CLAIMS TO BE GIVEN BY THE INSURED
The Compeny a Ito we coat shall defend the insured
in all litigation consisting of actions or proceedings
against the insured, defenses, restraining orders, or
injunctions interposed against a foreclosure or sale of
said land in satisfaction of any indebtedness, the
owner of which is insured by this policy, which lities-
tion f ... ded upon a defeoq lien. encumbrance, or
other matter insured against by this policy, and may
par e such litigation to final determination the
court of last resort. In ca any such litigation shall
become known to any m or ea. insured, a knowledge
.
shall come to any insured of any claim of title or
interest which is adverse to the title as ured or
which might c n .e loss or damage for which the
Company shall or may be liable by virtue of this
policy, such insured shall notify the Company thereof
in writing. If such notice shall not be given to the
Company at least two days before the appearance day
in any such litigation, or if such insured shall not, in
writing, promptly notify the Company of any defect,
lie n encumbrance, n other matter insured against, or
of say such adverse claim which shall come to the
knowledge of such insured, in respect to which lose
or damage is apprehended, then all liability of the
Company as to each insured having such knowledge
shall cease and terminate; provided, however, that
failure to so notify the Company shall i n case prep
•
udire the claim of any insured unless the Company
shall be actually prejudiced by such failure. The Com-
pany shall have the right to institute and prosecute
any action or proceeding or do any other act which,
m its opinion, may be necessary or desirable to
establish the title, or any insured lien or charge, as
insured. In all cases where this policy permits or
equi es the Company o prosecute n defend any
action or proceeding, the insured shall secure to it in
writing the right to so prosecute or defend such action
or proceeding, nd all appeals therein, and permit h
to use, at i option, the name of the insured for such
purl—c. Whenever requested by the Company the
mooed shall assist the. Company in any such action
or c
pro eding, effecting settlement, an ing e .
c
den. obtainingwitnesses, prosecuting ore defending
such action or proceeding, to such extent and in each
n s to d enmod desirable he the Co mp any, an d
me Company .hall ocirchours, the in e of far any
oa Ionic an , tined. The Company hall be eubro,en d
to and be entitled to all costs and mtorneye' fees in
STIPULATIONS
curred or expended by the Company, which may be
recoverable by the insured in any litigation carried
on by the Company on behalf of the insured. The
word "knowledge" in this paragraph means actual
knowledge, and does any refer to constructive knowl-
edge or notice which may be imputed to the insured
bY the public records.
3. NOTICE OF LOSS. LIMITATION OF ACTION
A statement in writing of say lose or damage far which
it is claimed the Company is liable under this policy
shall be furnished to the Company within sixty days
after such loss or damage shall have been ascertained.
No action or proceeding for the recovery of any such
loss or damage shall be instituted or maintained
against the Company until after full compliance by
the insured with all the conditions imposed on the
insured by this policy, nor unless commenced within
twelve months after receipt by the Company of such
written statement.
4. OPTION TO PAY, SETTLE, OR COMPROMISE
CLAIMS
The Company ,m,vm the option m pay, settle or
compromise for, or in she not of, the insured, any
claim insured against or to pay this policy in full at
v time, and payment or tender of payment of the
full amount of this policy, together with all accrued
costs which the Company is obligated hereunder to pay,
shall terminate all liability of the Company here-
under, including all obligations of the Company with
respect to any litigation pending and subsequent costa
thereof.
S. SUBROGATION UPON PAYMENT OR SETTLE-
MENT
Whenever the Company shall have settled a claim
under this policy, it shall be aubrogated m gad be
entitled to all rights, securities, and remedies which
the insured would have had against any person or
property in respect to each claim, had this policy not
been issued. If the payment does not cover the lose
of the insured, the Company shall be subrogated to
such rights, securities, and remedies in the proportion
which said payment bears to the amount of said loss.
In either event the insured shall transfer, or cause to
be transferred, to the Company such rights, securities,
and remedies, sad shall permit the Company m u so
the name of the insured in any transaction or litigation
involving such rights, securities, or remedies.
6. OPTION TO PAY INSURED OWNER OF IN.
DEBTEDNESS AND BECOME OWNER OF SECURITY
The Company has the right and option, in case any
loss is claimed under this policy by an insured ow n
of an indebtedness secured by mortgage or deed of
trust, to pay such insured the indebtedness of the
mortgagor or truamr under said mortgage or deed of
cruet, together with all coats which the Company is
obligated hereunder to pay, is which ruse the Com-
pass shall became the owner of, and such insured
.ball at once assign and transfer to the Company, said
mortgage or deed of trust and the indebtedness there.
by secured, and such payment shall terminate all
liability under this policy to such insured.
7. PAYMENT OF LOSS AND COSTS OF LITIGATION
INDORSEMENT OF PAYMENT ON POLICY
The Company will pay, in addition to any Inss insured
against by this policy, all caste imposed upon the ins
ured in litigation carried on by the Company for the
insured, and in litigation c... ied on by the insured
with the written aithorimtion of the Company, but not
mherw lees The liability of the Company under thin
policy shall in no case exceed, in all, the actual tom
.uf the insured and coats which the Company is obligated
hereunder to pay, suit in n c shall eocb total
liability exceed the a t
unof this policy and said
costa. All payments under this policy shall reduce the
amount of the insurance pro tanto, and payment of loss
or damage to an insured owner of indebtedness shall
reduce, to that extent, the liability of the Company to
the insured owner of said land. No payment may
be demanded by any insured without producing this
policy for Indorsement of such payment.
8. MANNER OF PAYMENT OF LOSS TO INSURED
Lee, under this policy shall be payable, fiat, to any
insured owner of indebtedness secured by mortgage or
deed of trust been in Schedule B. in order of priority
therein shown, and if such ownership vests in more
than one, payment shall be made ratably as their
respective interests may appear, and thereafter any
lose shall be payable to the other insured, and if more
than one, then to such insured ratably as their reaper.
live Interests may appear. If there ben such insured
owner of indebtedness, any lose shall be payable to
the insured, and if more than ore, to such insured
ratably as their respective interests may appear.
9. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "named insured": the persons and corporations
"m. it a. [red in Schedule A of this policy; (b)
the insured such named ins ured together with (1)
eocb m n nor ership of any Indabmdnem
secured by ¢any mortgage or deed of trust shown in
Schedule B, the owner of which indebtedness is
named herein as an ured,•(2) any such owner
successor in Ow ership of any such indebtedness who
acquires the land described in Schedule C or any
part thereof, by lawful means in satisfaction of said
indebtedness or any part thereof, (3) any governmental
agency or instrumentality acquiring said land under
an a
ur r
contract or guarantee insuring or guar.
anteeing add indebtedness or any part thereof, and
(4) any person or corporation deriving an estate or
interest in said land as an heir or devisee of a named
insured or by reason of the dissolution, merger, o
consolidation of s corporate named insured; (c)
"land ": the land described specifically or by reference
in Schedule C and improvements alibied thereto which
by law c o nstitute red property; (d) "date ": the
exact day, hour and minute specified in the first line
of Schedule A (unless the context clearly require. a
different meaning) ; (e) "taxing agency ": the State
and each county, city and county, city and district
in which said land or some part thereof is situated that
levies taxes or ments a n real property; (f)
"public records": ords : those public records which, under
the recording laws, impart constructive notice of mat-
ters relating to said land.
10. WRITTEN INDORSEMENT REQUIRED TO
CHANGE POLICY
No provision or condition of this policy can be waived
or changed except by writing indorsed hereon or at-
tached hereto signed by the President, a Vice Presi-
dent, the Secretary, or an Assistant Secretary of the
Company.
11. NOTICES, WHERE SENT
All notice. required to be given the Company end any
statement in writing required to be furnished the Cost.
pany .hall be addressed to it at the office which issued
this policy.
Pfn, of Lot 164 in Block 53
OF 1,e VINES. SUaDN.
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C -589
See Contract File for
Vicinity Map of
Proposed Road
Improvement
(Exhibit B)