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HomeMy WebLinkAboutC-844 - Redevelopment Block 224, Section A & B1, 324 Lancasters AdCITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT August 29, 1963 To: City Clerk From: City Attorney Subject: Resolution and grant deed, Lot 1, Block 224, Section A, Newport Beach Transmitted is a grant deed which, if executed by the City, will convey the City's interest in Lot 1 of Block 224 as shown on the Map of Section A. Newport Beach, recorded in Book 4, page 21, Records of Orange County. There is also transmitted a resolution authorizing the execution of the deed. These were prepared in accordance with the provisions of paragraph 4 of the contract with Coast Capital and Mr. Singer dated April 25, 1963. The deed reserves a street easement over the property for the City. It is suggested that the matter be submitted to the City Coun- cil at the meeting of September 10. WWC:mec Encs. cc - City Manager COUNCIL: -10 -6 3 Walter W. Charamza City Attorney 9 RECEIVED :\\ CITY ctERx 1963 AUG 3 url OF \ flE&ORT BEACH, ChOv. a City of Newport Beach Newport Beach, California Gentlemen: 6 315 South Btwrly Drive Beverly Mills. California April 250 1963 Them Is enclosed the contra; together with the Grant of Easement whiff ware transmitted to us by your City Attorney under date of !larch 99, 1963, both, of which have been dated April 25. 1963. The Contract he$ bean onaeoted by Coast Capital InC,. and Noel Singer. The Grant of Easement has been executed by Coast Capital Inc, since title to the property is of record In the name of that corporation only, The Brant of Easement Is transmitted with the understanding that the City shall not accept nor record the Grant nor shelf the Grant bec0* effective until both the vacation proceedings have boon Completed and the property shall have been re -zoned COZ. Would you please acknowledge receipt of this understanding by signing and returning the carbon copy of this letter. Very truly yourst COAST L.APITAL !By Pros The above mentioned Grant of Easement Is received under the conditions stated. CITY OF NCWPORT BEACH By Mayor Attest: ty C er CITY / 9/63 (6) 1 SAN! DEED 2 3 FOR A VALUABLE CONSIDERATION, receipt of which is hereby 4 acknowledged, the CITY O!'i&Wpal BEACH, a municipal cosporation, 5 hereby grants to COAST CAPITAL, IX ,s a California corporation, the 6 following described real property in the City of ggwport Beach, 71 County of Orange, State of California, which is the same property 8 conveyed to the City of Newport Beach bed that certain deed recorded 9 in Book 438, page 174, of Deeds, Records of said County, to vita 10l All that portion of Lot 1 in Block 224 as per 11 Mop of Section A- Newport Beach as Recorded.in Miscellaneous Maps Book 4-page 21, Records of Orange County, California and described as 12 beginning at the southwesterly corner of said 13 Lot 1; thence easterly along the southerly line of said Lot 1 to the southeasterly corner 14 thereof; thence northerly along the easterly line of said Lot 1 a distance of 3,35 feet to 15 a point; thence westerly in a direct line a distance of 102.22 feet to the southwesterly 16 corner of said Lot 1, the place of beginning; 17 i�.ESERVING unto the Grantor City of Newport Beach an easement for public street and highway purposes in, 181 over, and under said real property, 19 Dated: September '(" , 1963. 20 CITY OF NEIRORT BEACH 21 By 22; Mayor Attest: 23 -�^.o�� - 24 t- r lE STATE OF CALIFORNIA ) 25 „ se COUIM OF ORANGE } 261 27 On September ( , 1963, before me, the undersigned, a Notary Public in and for= said County and State, personally appeared 28 CHARLES E. HART and MARGERRY SCtROUDER, known to me to be the Mayor and the City Clark, respectively, of the CITY OF NEWP(RT 11AACH and 29 to be the pe ems whose names are subscribed to the within instru- ment, and acknowledged that they executed the same on behalf of the City of NeAjort Beach. 30 31, VIMSS my hand and official seal, 32 Notary Public in and for said County and State 1'6P7 . +�`i�i -i a•f '. N;i c� .i::IlGGiy a¢v9 1 WW :gee S! 9%63 (12) RESOLUTION NO. 5$63 l ti' A RESOLUTION Or THE CITY COUNCIL OF THE CZW OF 2I NEFiPO3RT BENCH AMMOR1ZING THE EUCUTION 01' A GRANT DEEM 3 4 WHOYAS, the City of Newport Beach pursuant to a ccrtract 5 dated the 2.5th day of April, 1963, avt L ^nixed by City Council 61;' ReSOlution Rio. 57'73; agreed to convey to Coast Capital, Inc., a 7 California eorpor tien, the following describes? reel property in 8 the City, of Newport Beach, County of Orange, State of California; 9 10 11 12 13 14 15 16 17 M 19 21 22 23 24 25 26 27 28 29 30 31 32 All that portion of Lot 1 in Black 224 as per hap of Sections A- Newport Beach as Recorded in hiscellaneouis maps Book 4-page 21, Record* of Orange County, California and described as beginning at the southwesterly corner of said Lot 11 thence easterly along the southerly line of said Lot 1 to the southeasterly corner thereof; thence northerly along the easterly line of said Lot 1 a distance of 3.35 feet to a point; thence westerly in a direct Hae, a distance of 102.22 feet to the southwesterly corner of said Lot 1, the place of beginning; RESERVING unto the Grantor City of Newport Beach art easement for public street and highaaey purposes in, over, and under said real property; WHRREAS $ in order to carry out said agreeemen:, it is necessary to execute and deliver a grant deed conveying said property as aforesaid; NOW$ THBRWORE5 BE IT RBSOLVKD that the Mayor and City Clerk be and are hereby authorized and directed to execute a grant deed on behalf of the City of Newport Beach pursuant to said contract. ADOPTED this 10t11 day of September, 1963. ATTEST s 1 r city Clerk C -843 See Contract File for Cliffhaven & Shoreeliff Plans :mum �. "o 31 8/63 (7) i 1 CONTRACT 2 3 THIS AGREEMENT, made and entered into this k r ' day of 4 1963, between the CITY OF NEWPORT BEACH, a municipal 5 corporation, hereinafter referred to as "City ", and COAST CAPITAL, 6 INC., a California corporation, and NOEL SINGER, hereinafter 7 jointly referred to as "Property Owner "; 8 WHEREAS, property owner owns all of the real property 9 in Block 224 of Section "A" of Newport Beach and Block 324 in 10 Lancaster's Addition to Newport Beach, as per maps recorded in 11 Miscellaneous Maps, Book 4, page 21, and Book S, page 14, 12 respectively, records of Orange County, California, a sketch 13 showing all of said property being attached hereto and marked 14 Exhibit "A" and showing certain parcels identified by numbers 15 within circles, which numbers will be used hereinafter for con - 16 venient reference to specific parcels of real property; and 17 WHEREAS, City contends the areas shown on said Exhibit 18 "A" as parcels 4 and 4A which separate said Blocks 224 and 324 19 are street right -of -way known as Lafayette Avenue; and 20 WHEREAS, property owner intends to redevelop said blocks 21 and, without admitting the existence of a street easement over 22 said parcels 4 and 4A, has requested City to vacate and abandon 23 the street easement or claimed street easement on that portion 24 shown on Exhibit "A" as parcel 4 and that portion of 28th Street 25 shown on Exhibit "A" as parcel 3; and 26 WHEREAS, it is in the public interest to encourage the 27 enlargement of parcels of land for better redevelopment thereof 28 and, in order to redevelop said property and provide adequate 29 street width and frontage, it is necessary that 28th Street which 30 lies generally at the northerly end of said blocks be widened by 31 twenty -eight (28) feet, more or less, along the southerly side 32 thereof as shown on Exhibit "A" and improved with modern street Wwramec.. 4/1/63;(7) 1 improvements; and 2 WHEREAS, it would be impractical and not in the public in- 3 terest to vacate and abandon the street easement as claimed by City 4 lover said portions of Lafayette Avenue and that portion of 28th St 5 unless the area of Blocks 224 and 324 were resubdivided or the lot 6 lines realigned so that each parcel therein has street frontage; 7 NOW, THEREFORE, in consideration of the mutual covenants 8 and promises hereinafter set out, the parties agree as follows: 9 1. Property owner agrees to process a map through the 10 City Planning Commission and City Council seeking to alter the lot 11 lines of Blocks 224 and 324 to create one block divided into two 12I1lots, which map will be filed as a record of survey, and further wi 13 apply for rezoning of said property. 14 2. City agrees to consider and process property owner's 15 application for resubdivision or the realignment of the lot lines 1611within said blocks as aforesaid and for the vacation and abandon- 17 ment of said street easement described above, it being understood, 18 however, that any vacation and abandonment of said easement over 19 parcel 4 shall be subject to reservation of an easement for all 2011 utilities including water and sewer lines which are now located 21ilwithin said parcel 4. If said street easement over said parcels 3 22 and 4 is abandoned, City agrees to execute and deliver to property 23 owner a quitclaim deed releasing all interest in said parcels 24 except the easement for utilities as to parcel 4 as aforesaid. 251JUpon relocation of all of said utilities to the satisfaction of 2611the owners thereof, City agrees to process further vacation pro- 27 11 ceedings to abandon the easement for utilities. City further 28 agrees to consider and process the application for rezoning and to 29 act thereon after it is processed according to the applicable 30 provisions of the Newport Beach Municipal Code. The application 31 for resubdivision as aforesaid, the application for vacation of 3211said claimed easement, and the application for said rezoning shall 2. L i ! I be processed concurrently insofar as it is practical to do so. It 2 is mutually understood, however, that the approval of each thereof 3 lies within the discretion of the Planning Commission or City Counci 4 as their jurisdiction over such matters exists, and the City is not 5 hereby obligated to act thereon in any designated manner. 6 3. City agrees to accept the easement for street and 7 highway purposes over parcels 1, 2, and 6 as shown on Exhibit "A" 8 under the terms and conditions set out in the grant of easement 9 attached hereto as Exhibit "B ". 10 4. City agrees to convey to property owner that certain 11 triangular strip of land along Lot 1 of said Block 224 that has a 12 3.35 -foot dimension on the easterly side thereof which was conveyed 13 to City by deed recorded in Book 438, page 174, of Deeds, Records 14 of Orange County, California, reserving from said conveyance an 15 easement for public street and highway purposes in, over, and under 16 said strip. 17 5. Property owner agrees to improve parcels 1, 2, 4A, le and 6, and that portion of 28th Street shown on Exhibit "A" lying 19 southerly of the center line thereof, with standard curb, gutters, 20 sidewalk, and paving in accordance with plans and specifications 21 therefor approved by the Director of Public Works of City, which 22 approval will not be unreasonably withheld. All of said improve - 23 ments are to be completed prior to the time property owner does 24 any development or new building construction in said Block 224 or 25 Block 324 other than a building used solely for servicing boat 26 slips that may be constructed along the waterfront of said Block 27 324 or in any event within six (6) years after the date the resolu- 28 tion of the City Council is adopted abandoning said street easement 29 over parcel 4. 30 At or before the time the City Council adopts a resolution 31 vacating and abandoning the claimed street easement over said parcel 32 4, property owner shall post security in the principal amount of 3. 1 $6,000.00 in one of the forms set out in Section 9253.52 of the 2 Newport Beach Municipal Co (le to guarantee clearing of the land and 3 the construction and completion of the improvements on parcels 1, 4 2, 4A, and 6 as required in this contract and within the time herebi 5 required. 6 6. The agreement of-property owner to improve said 7 parcels 1, 2, 4A, and 6, and that portion of 28th Street described 8 above, is conditioned upon the City's vacating and abandoning the 9 street easement over parcel 3 and the easement claimed by City as 10 aforesaid over parcel'4 shown on Exhibit "A ", subject to the 11 reservation of an easement for said utilities as aforesaid. 12 7. Property owner's obligation to make the improvements 13 hereivabove described may be satisfied by said improvements' being 14 completed within the time allowed herein pursuant to an assessment 15 district in which the real property in Blocks 224 and 324 is 16 assessed a share of the cost of said improvements as may be deter - 17 mined in said proceedings. If 28th Street or Lafayette Avenue is 18 hereafter improved by assessment district "proceedings and property 19 owner has theretofore completed the improvements required hereunder 20 and such improvements are then in a condition to be an integral and 21 useful part of the improvements of said street and avenue, the 22 reasonable cost thereof shall be credited against any amount that 23 is assessed in said proceedings against property in said Blocks 224 24 and 324 for any such improvements on said 28th Street or said 25 Lafayette Avenue. 26 8. The obligations of property owner assumed in this 27 contract are joint and several and are assumed jointly and indi- 28 vidually by Coast Capital, Inc., and Noel Singer. 29 9. The rights and obligations of this contract shall 30 accrue to the benefit of and be binding upon the successors and 31 assigns of the parties hereto. 32 IN WITNESS WHEREOF, the parties have executed this 4. 1 2 4 5 6 7 to it 12 13 14 15 16 17 18 19 20 21 22 23 24'' 251 26, 27 28 29 30 31 321 contract as of the day and year. first above written. CITY OFFf ORT BEACH By ! &0- Mayor Attest: n City Clerk CITY COAST 9APITAL , C. By f — rest ent Attest:: s/i- ti s5 7- secretary Ariz Ax� NOEL SINGER 5. PROPERTY OWNER WWC:mec • i 5/7/63 RESOLUTION NO. 5773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT WITH COAST CAPITAL, INC., AND NOEL SINGER WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Contract between the City of Newport Beach and Coast Capital, Inc., and Noel Singer, providing for the redevelopment of Block 224 of Section "A" of Newport Beach and Block 324 in Lancaster's Addition to Newport Beach, including the processing of applications for rezoning of said property and resubdivision or realignment of the lot lines within said blocks, the vacation and abandonment of street easements over portions of Lafayette Avenue and 28th Street, and the granting of an easement for street and highway purposes for the widening of 28th Street and the improvement of said easement with street improvements; and WHEREAS; the City Council has considered the terms and conditions of said contract and found them to be reasonable and consistent with the public interest; NOW, THEREFORE, BE IT RESOLVED that said contract be and hereby is approved and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City. ADOPTED this 13th day of May, 1963. ATTEST: Mw• -g �� S �� City Clerk 412 X163 .(8) 1: 2 31 For valuable consideration, receipt of which io hereby 4ijacknowledged, COAST CAPITAL, iNC., a California corperatiOnt grantors 5 111.2 eby greats to the CITY OF XXkVMT DFACH9 a municipal corporation, 6;an Mseaeat for street and highway purposes over the folloviag 7'�described real property in the City of Newport Beach, County of j g {Orange, State of California: 9 Parcel l: 10 A portion of Lot 14 in Block 2240 section As Newport 11 Bea h, as showai on a map thereof, recorded in Soak 4, Page 21 of Miscellaneous e �� 9 Maps, Records o€ Orange 12�! County, California, more particularly described as II vusa> 13,1; follo Beginning at the Southwesterly corner of said Lot 14;, 14; thence Forth 0° 239 30" Bast along the Westerly line of said Lot 14, a distance of 20.90 feet to the 15', Northwesterly corner thereof; thanes North 76` 14° 00t1 East along the Northerly lire of said lot 140 a 161 distance of 103.13 feet to the Northeasterly corner thereof; thence South 0° 239 30" West along the 171 Easterly line of said Lot 14, a distance of 28.38 feet; thence South 76 °14° On" test along a line 18� parallel with and 17.52 feet Southerly of the North - erly line of said Lot 14, a distance of 68.87 feet 19 -� to the Southerly lisle of said Lot 14; thence North 1i 890 361 30t4 West along the said Southerly line, a 20:1 distance of 33.22 feet to the point of beginning. 211 I _Parcel 2: 22;; A portion of Lots 10 and 11 in Block 324, Lancaster °s 23; Addition to Newport Beach, as shown on a snap thereof, j recorded in Book 59 Page 14, of Miscellaneous Maps, 24 Records of Orange County, California, more particu- larly described as follows: 25' Beginning at the Northwesterly corner of said Lot 10, 261 said point be the intersection of the Northwest - erly line of ;-& I Lot 10 with the Westerly line of 27j; said Lot 10; thence North 76' 14° 001/ East along the Northwesterly line of said Lot 10 and Lot 11, a 28' distance of 58.17 feet to a point on s curve concave 29 Northwesterly and having a radius of 166.24 feet, a radial line from said point bears North 470 121 2219 West; thence Sauthwesterly along said curve through 30:1 an angle of 24' 041 2491 a distance of 69.85 feet to the Westerly line of said Lot 10; thence North 0 O 31;j 230 30" East along said Westerly line, a distance of 26.09 feet is the point of beginning. 32 j I EXHIBIT "B" 1i 13 14 15 16 17 18 19 20 21L 22 23 24 25j 26; i 27 281 29 30. 32! ;notice to grantor that the areas within said parcels are needed for street purposes by mailing said notice by first -class mail with postage fully prepaid to Coast Capital, Inc., 315 S. Beverly IDrive, Beverly Hills, California, or such other address as grantor (may designate in writing. Dated: (SMALL) STATE OF CALIFORNL> : as COUNTY OF _ ) , 1463. COAST CAPITAL, INC. By — Attest: secretary an , 1963, hefore me, the undeersig^nsd, a Notary Public in iW for sa$d County and State, personally appeared and , J._to tea` to be CFie "— ann ► __ _., _ ~c pec va y, o t- ��: corporation t 9le exe�cuFed the thin' lnsitriiie_ t, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, WITNESS my hand and official seal, 2. Notary Public in and for said County and State I`I 1 Parcel 3: 2; A portion of Loi 13 in Block 224, section A. Newport Beach, as shown on a nap thereof, recorded in Book 4, Page 21 of Miscellaateous Maps, Records of Orange Counaty, California, more particularly described as 4 follows: 5. Beginning at the Northwesterly corner of said Lot 13; 1I thence South 890 361 30" East along the Northerly 6! line of said Lot 13 a distance of 33.22 fort, thence South 760 14' 00" West along a line parallel with and 7.' 27.52 feet southerly of the 2�ortherly line of Lot 14 in said Block 224, a distance of 34.26 feet to the 8; Westerly line of said Lot 13; thence North 00 23° 30" East along said Westerly line, a distance of 8.38 feet 9;1 to the point of beginning; 10.;1reserving unto grantor, its successors and assigns, with respect 111! to each of said parcels the exclusive right to use and occupy the 12lland thereof until sixty (60) days after grantee gives written 13 14 15 16 17 18 19 20 21L 22 23 24 25j 26; i 27 281 29 30. 32! ;notice to grantor that the areas within said parcels are needed for street purposes by mailing said notice by first -class mail with postage fully prepaid to Coast Capital, Inc., 315 S. Beverly IDrive, Beverly Hills, California, or such other address as grantor (may designate in writing. Dated: (SMALL) STATE OF CALIFORNL> : as COUNTY OF _ ) , 1463. COAST CAPITAL, INC. By — Attest: secretary an , 1963, hefore me, the undeersig^nsd, a Notary Public in iW for sa$d County and State, personally appeared and , J._to tea` to be CFie "— ann ► __ _., _ ~c pec va y, o t- ��: corporation t 9le exe�cuFed the thin' lnsitriiie_ t, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, WITNESS my hand and official seal, 2. Notary Public in and for said County and State C -843 See Contract File for Street Vacation — Lafayette and 28th Street September 18, 1963 Mr. Noel. Singer 315 South Beverly Drive Beverly Hills, California Dear Mr. Singer: Enclosed is the original grant deed from the City of Newport Beach to Coast Capital, Inc., which coneys the City's interest in Lot 1 of Block 224, Section A, in accordance with the provisions of paragraph 4 of the contract dated April 25, 1963, reserving to the City an easement for public street and highway purposes. This grant deed was authorized by the City Council by its resolution No. 5863 adopted on September 10, 1963, a copy of which is enclosed. Very truly yours, Walter W. Charamza WWC:mec City Attorney Enc. cc - City Clerk:✓ ,4Vty Clerk City Attorney City Clerk September 16, 1963 Grant Deed, Lot 1, Block 224, Section A. Newport Beach Attached it the executed Grant Deed to Coast Capital, Inc. , which was authorised by Resolution No. 5863, adopted by the Council on September 10, 1963.. . MS:mv Enc. 0 August 29, 1963 Mr. Noel Singer 315 So. Beverly Drive:,--- Beverly, Rills, California Dear Mr. Sieger: Transmitted are the following: 1. A copy of proposed grant deed conveying to Cosst CaVital, Inc., a California corporation, the City a interest in Lot 1 conveyed to the City by deed recorded in Book 438, page 174, of Dseds, and reserving to the City an ease - sent for street and highway purposes over said property, 2. A copy of proposed resblution of the City Coum- cil authorizing the execution of the grant deed. It is requested that you examine the copy of the docu- meat and indicate whether it is acceptable to you in this form. It will be before the City Council for consideration on September 10 unless you indicate it is not acceptable. Very truly yours, Walter W. Charamza WWC:mec City Attorney ames. cc - City Manager City Clerk May 27, 1963. Mr. Noel Singer 315 South Beverly Drive Beverly Hills, California .Dear Mr. Singer: Attached is an executed copy of the contract dated April 25, 1963 between the City of Newport .Beach, Coast Capital, Inc.. and Noel Singer. Said contract was authorized by Resolution No. 5773, adopted by the Council of the City of Newport Beach on May 13, 1963. Very truly yours. Margery. Schrouder City Clark City of Newport Beach MS:mv Encs. To: From: 0 CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT May 23, 1963 Subject: Contract with Coast Capital, Inc., and Noel Singer Transmitted are the original and one copy of the subject contract, both executed by Coast Capital, Inc., and Noel Singer. These should be executed on behalf of the City as authorized by Reso- lution No. 5773 and one executed copy should be sent to Mr. Singer at 315 South Beverly Drive, Beverly Hills, California. Also forwarded are the original and one copy of the transmittal letter to the City from Coast Capital, Inc., and Noel Singer, dated April 25, 1963, for your file on this matter. It is.not nec._ gar to -.e �ta. and_.retvrn the..cppy- _Qf_the_ -.letter as Mr. Singe, su ests�_- We- do-_net.- mant_.to �ree.even_by- implication Fia - .. t t C -O -Z is the proper zoning. alter ' Charamza WWC:mec City Attorney Encs. MNy2 VC6b ` } C,s eFAttl, • TO: Finance Director FROM: City Clerk SUBJECT: Contract Contract No. C_844 Date May 28, 1963 Authorized by Resolution No. 5773 r adopted on May 13 1963 Date Mayor and City Clerk executed Contract May 24. 1963 Effective date of Contract May 24. 1963 (Contract dated April 25, 19631 Contract with Coast Cauital. Inc. and Noel Singer Address 315 South Beverly Drive Brief description of Contract Redevelopment of Block 224 of Section "A" of Newport Beach and Block 324 in Lancaster's Addition to Newport Beach. Amount of Contract Cit Clerk 0 City of Newport Beach Newport Beach, California Gentlemen: 0 315 South Beverly Drive Beverly Hills, California April 25, 1963 There is enclosed the contract together with the Grant of Easement which were transmitted to us by your City Attorney under date of March 29, 1963, both of which have been dated April 25, 1963. The contract has been executed by Coast Capital Inc. and Noel Singer. The Grant of Easement has been executed by Coast Capital Inc, since title to the property is of record in the name of that corporation only. The Grant of Easement Is transmitted with the understanding that the City shall not accept nor record the Grant nor shall the Grant become effective until both the vacation proceedings have been completed and the property shall have been re -zoned COZ. Would you please acknowledge receipt of this understanding by signing and returning the carbon copy of this letter. The above mentioned Grant of Easement is received under the conditions stated. CITY Of NEWPORT BEACH By Mayor Attest: City CITY Very truly yours, COAST I CAPITA By -J 0 President 14 AA 14; Secretary el Singer a WWC:mec • • 3/29/63 RESOLUTION N0. 7 77— A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ORDER THE CLOSING UP, VACATION AND ABANDONMENT OF PORTIONS OF CERTAIN STREETS KNOWN AS 28TH STREET AND LAFAYETTE AVENUE The City Council of the City of Newport Beach, pursuant to the provisions of the "Street Vacation Act of 1941 ", and all amendments thereto, being Sections 8300 to 8331, inclusive, of the Streets and Highways Code of the State of California, does hereby resolve and declare as follows: SECTION 1. The public interest and convenience require the closing up, vacation and abandonment of portions of certain streets known as 28th Street and Lafayette Avenue in the City of Newport Beach, and it is the intention of the City Council of the City of Newport Beach to order the following described portions of said streets in the City of Newport Beach, County of Orange, State of California, to be vacated, closed up and abandoned, to wit: A portion of 28th Street, formerly known as 26th Street, name changed by Ordinance No. 351, September 17, 1928, in the City of Newport Beach; Orange County, California, more particularly described as follows: Beginning at the Northwesterly corner of Lot 10, in Block 324, Lancaster's Addition to Newport Beach, as shown on a map thereof, recorded in Book 5, Page 14, of Miscellaneous Maps, Records of said Orange County, said point being the intersec- tion of the Northwesterly line of said Lot 10 with the Westerly line of said Lot 10; thence North 760 14' 00" East along said Northwesterly line of said Lot 10 and along the Northwesterly line of Lot 11 in said Block 324, a distance of 58.17 feet to a point on a curve concave Northwesterly and having a radius of 166.24 feet, said point being the true point of beginning of this description, a radial line from said point bears North 47° 12' 22" West; thence Northeasterly along said curve through an angle of 11° 30' 23 ", a distance of 33.38 feet to an intersection with the Northwesterly prolongation of the Northeasterly line of Lot 12 in said Block 324, a radial line from said intersection bears North 58° 42' 45" West; thence South 69° 05' 30" East along said Northwesterly prolongation, a distance of 37.02 feet to the most Northerly corner of said Lot 12; thence South 76° 14' 00" West along the Northwest- erly line of said Lot 12 and along the Northwesterly line of said Lot 11, a distance of 56.27 feet to the true point of beginning of this description; and A portion of Lafayette Avenue, in the City of Newport Beach, Orange County, California, more particularly described as follows: I Beginning at the Southwesterly corner of Lot 1 in Block 324, Lancaster's Addition to Newport Beach, as shown on a map thereof, recorded in Book 5, Page 14 of Miscellaneous Maps, records of said Orange County; thence South 850 03' 01" West 40.17 feet to the Northeasterly corner of the land con- veyed to the City of Newport Beach by Deed recorded November 1, 1922 in Book 438, Page 174, of Official Records of said Orange County; thence North 0° 23' 30" East along the East- erly line of Block 224, Section A, Newport Beach, as shown on a map thereof, recorded in Book 4, Page 21, of Miscellane- ous Maps, Records of said Orange County, a distance of 333.48 feet to a point, said point being South 0° 23' 30" West 28.38 feet from the Northeasterly corner of said Block 224; thence North 76° 14' 00" East along a line parallel with and 27.52 feet Southerly of the Northerly line of said Block 224, a distance of 14.75 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 166.24 feet; thence Northeasterly along said curve through an angle of 90 21' 58 ", a distance of 27.18 feet to a point in the West- erly line of said Block 324, said point being South 0° 23' 30" West 26.09 feet from the Northwesterly corner of said Block 324; thence South 0° 23' 30" West along the Westerly line of said Block 324, a distance of 342.12 feet to the point of beginning. All of those portions of said streets to be vacated, closed up and abandoned are more clearly shown on a certain map approved and adopted by the City Council of the City of Newport Beach for said vacation, closing up and abandonment, by resolution dated 1963, and designated "Resolution No. rr// which said map is on file in the office of the City Clerk cf2e City of Newport Beach. Reference is hereby made to said map for further particulars as to the proposed vacation, closing up and abandonment of said portions of said streets, and said map is made a part of this resolution by this reference to the same extent and purpose as if it were incorporated herein in full. SECTION 2. The proceedings for the closing up and aban- donment of the aforesaid portions of said streets shall be had and taken, and the City Council of the City of Newport Beach hereby elects to proceed under.the provisions of the "Street Vacation Act of 1941 ", and all amendments thereto, being Sections 8300 to 8331, inclusive, of the Streets and Highways Code of the State of California. SECTION 3. The Street Superintendent of the City of Newport Beach shall cause to be conspicuously posted along the 2. 4 lines of the portions of said streets proposed to be vacated not more than 300 feet apart, but not less than three in all, notices of the vacation of said portions of said streets. Said notices shall state the passage of this Resolution of Intention and the time and place of the hearing of all persons interested in or objecting to the proposed vacation of said portions of said streets. Said notices shall be so posted at least ten days before the date of said hearing, all as required by law. SECTION 4, There is hereby reserved and excepted from the vacation of said portion of Lafayette Avenue a permanent ease- ment and right at any time, or from time to time, to construct, maintain, operate, replace, remove and renew any sanitary sewers and water lines and appurtenances in, upon, over and across said portion of Lafayette Avenue proposed to be vacated. These vacation proceedings are taken subject to the reservations and exceptions herein contained. SECTION 5e Notice is hereby given that the City Council of the City of Newport Beach does hereby fix Monday, the _4& day of ' 1963, at the hour of 7x30 o °clock Po M. of said day, in the Co cil Chambers of the City of Newport Beach, located in the City Hall of the City of Newport Beach, as the time and place for hearing all persons interested in or objecting to the proposed vacation of said portions of said streets, and the City Council at said time and place will hear the evidence offered by any person interested in the vacation of said portions of said streets here - inbefore described. SECTION 6. This Resolution of Intention shall be pub- lished at least once in the official newspaper of the City, and said publication shall be made before the date set for the hearing of all persons interested in or objecting to the proposed vacation. ADOPTED this l3 day of 1963. ATS✓T* 'Mayor- City Clerk 3< r� WWC:mec ` • z 3129163 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MAP SHOWING PORTIONS OF CERTAIN STREETS KNOWN AS 28TH STREET AND LAFAYETTE AVENUE WHICH ARE PROPOSED TO BE VACATED, CLOSED -UP AND ABANDONED WHEREAS, the City Engineer of the City of Newport Beach has presented to the City Council of the City of Newport Beach a certain map entitled "Street Vacation Lafayette and 28th Street ", dated 2 -19 -1962, being Jack So Raub & Associates Job No. 7528, showing portions of said 28th Street and Lafayette Avenue in the City of Newport Beach which the City is considering vacating, clos- ing up and abandoning and which portions are more particularly described as follows: A portion of 28th Street, formerly known as 26th Street, name changed by Ordinance No. 351, September 17, 1928, in the City of Newport Beach, Orange County, California, more particularly described as follows: Beginning at the Northwesterly corner of Lot 10, in Block 324, Lancaster's Addition to Newport Beach, as shown on a map thereof, recorded in Book 5, Page 14, of Miscellaneous Maps, Records of said Orange County, said point being the intersec- tion of the Northwesterly line of said Lot 10 with the Westerly line of said Lot 10; thence North 76° 14' 00" East along said Northwesterly line of said Lot 10 and along the Northwesterly line of Lot 11 in said Block 324, a distance of 58.17 feet to a point on a curve concave Northwesterly and having a radius of 166.24 feet, said point being the true point of beginning of this description, a radial line from said point bears North 47° 12' 22" West; thence Northeasterly along said curve through an angle of ll° 30' 23 ", a distance of 33038 feet to an intersection with the Northwesterly prolongation of the Northeasterly line of Lot 12 in said Block 324, a radial line from said intersection bears North 58° 421 45" West; thence South 69° 05' 30" East along said Northwesterly prolongation, a distance of 37.02 feet to the most Northerly corner of said Lot 12; thence South 76° 14' 00" West along the Northwest- erly line of said Lot 12 and along the Northwesterly line of said Lot 11, a distance of 56.27 feet to the true point of beginning of this description; and A portion of Lafayette Avenue, in the City of Newport Beach, Orange County, California, more particularly described as follows: Beginning at the Southwesterly corner of Lot 1 in Block 324, Lancaster's Addition to Newport Beach, as shown on a map thereof, recorded in Book 5, Page 14 of Miscellaneous Maps, records of said Orange County; thence South 85° 03' 01" West 40.17 feet to the Northeasterly corner of the land con- veyed to the City of Newport Beach by Deed recorded November 1, 1922 in Book 438, Page 174, of- Official Records of said Orange County; thence North 0° 23' 30" East along the East- erly line of Block 224, Section A, Newport Beach, as shown on a map thereof, recorded in Book 4, Page 21, of Miscellane- ous Maps, Records of said Orange County, a distance of 333.48 feet to a point, said point being South 0° 23' 30" West 28.38 feet from the Northeasterly corner of said Block 224; thence North 76° 14' 00" East along a line parallel with and 27..52 feet Southerly of the Northerly line of said Block 224, a distance of 14.75 feet to the beginning of a tangent curve concave Northwesterly and having a radius of 166.24 feet; thence Northeasterly along said curve through an angle of 9° 21' 58 ", a distance of 27.18 feet to a point in the West- erly line of said Block 324, said point being South 0° 23' 30" West 26.09 feet from the Northwesterly corner of said Block 324; thence South 0° 23' 30" West along the Westerly line'of said Block 324, a distance of 342.12 feet to the point of beginning. NOW, THEREFORE, BE IT RESOLVED that said map be and is hereby approved and adopted, and the City Clerk is ordered and directed to file the same in the proceedings for the abandonment of said portions of said streets. ADOPTED this day of 1963. Mayor �TTSSTe c ty Z"I = ck 2.