HomeMy WebLinkAboutC-870 - Exchange of property tax 36th & 28th Streetsw c :mec Y ,
x9 27'53 (7) '
lI CONTRACT
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3 THIS AGREEMENT, made and entered into this 1'/V day of
4 August, 1963, between the CITY OF NEWPORT BEACH, a municipal cor-
5 poration, hereinafter referred to as "City ", and EDKER L. POPE,
6 hereinafter referred to as "Pope ";
7 WITNESSETH:
8 WHEREAS, it would be convenient for the purpose of this
9 contract to refer to a map showing that area of the City of Newport
10 Beach generally bounded by 26th Street, Balboa Boulevard, 30th
11 Street, and Newport Boulevard, outlining the streets, lots, and
12 certain parcels of land identified as Parcel A through Parcel J.
13 setting out the square feet contained within each of said parcels,
14 a copy of which map is attached hereto, marked Exhibit "A ", and is
15 incorporated herein by this reference; and
16 WHEREAS, Pope has Lots 2 through 19 of Block 127 of Lake
17 Tract in the City of Newport Beach shown on said Exhibit "A" under
18 1 lease and intends to develop said lots within the near future; and
19 WHEREAS, the City is the owner of Parcel J lying between
20 the parcel under lease by Pope and Newport Boulevard; and
21 WHEREAS, the City intends to acquire property and extend
22 and improve 28th Street from Newport Boulevard to the intersection
23 of Balboa Boulevard as it is proposed to be widened along said
24 Block 127; and
25 WHEREAS, it would be advantageous to Pope to own Parcel
26 J in order that it could be developed simultaneously with his
27 development on the aforementioned property; and
28 WHEREAS, it would be to the mutual advantage of the par -
29 ties and in the public interest to buy and sell the property and
30 to improve the streets as hereinafter set out;
31 NOW, THEREFORE, the parties agree as follows:
32 1. City agrees to sell and Pope agrees to buy Parcel J
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shown on Exhibit "A" attached hereto, consisting of 14,407 square
feet, more or less, of property, at a price of $66,272.20. In
connection therewith, City shall pay the cost of Internal Revenue
stamps and shall furnish a standard policy of title insurance at
its expense showing title vested in Pope, subject only to the rig
and reservations of record and to the exceptions described in the
title policy issued to the City of Newport Beach by Orange County
Title Company under policy No. 389129 which has been examined by
Pope and said exceptions thereupon approved.
2. Pope agrees to acquire for City and have conveyed
to City an easement for street and highway purposes over Parcels
E, F, and G shown on Exhibit "A ", said parcels consisting of 6,653
square feet, more or less, of real property over which the street
easement is to be provided, and for which City shall pay Pope
$21,622.25. In connection therewith, Pope shall pay the cost of a
policy of title insurance showing the street easement vested in
City. It is mutually understood that Pope does not own the land
within Parcels E, F, and G and it is, therefore, agreed that, if
he is unable to acquire and have said street easement conveyed to
City, City shall initiate eminent domain proceedings to acquire
said easement. If this is done, the $21,622.25 shall be used to
pay for said street easement and costs of acquiring the same,
including any appraisal fees and condemnation guarantee. If the
total cost of said acquisition, as aforesaid, exceeds said
$21,622.25, Pope shall pay to City two- thirds of the amount of such
excess. City shall pay attorneys fees and court costs of City in
connection with such proceedings. If, in connection with Pope's
acquiring the street easement for City as aforesaid, he acquires
title to Lot 20 of which said Parcel E is a part, Pope shall while
he holds title to said Lot 20 execute and deliver a quitclaim to
City releasing to City all his right, title and interest in and to
all that portion of Parcel D shown on Exhibit "A" which lies
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southeasterly of the center line of 28th Street shown thereon.
3. It is the intention of the parties to proceed with
the sale of the property to Pope and the acquisition of the street
easement for City as set out in the preceding paragraphs as soon
as practical. However, if Pope is unable to acquire the street
easement over Parcels E, F, and G within thirty (30) days from
the date hereof, the parties shall proceed as follows:
Pope shall deposit the following amounts with the City:
(a) $66,272.20 as the purchase price of Parcel J. (b) $6,900
as his share of the cost of improvements along Balboa Boulevard
as hereinafter provided. (c) $3,600 as his share of the cost of
improvements along 28th Street as hereinafter provided. Thereupon,
City shall cause a grant deed conveying Parcel J to Pope to be
executed and transmitted to a title company for recording upon a
policy of title insurance being issued showing title vested in
Pope as aforesaid.
City shall also proceed with the acquisition of the
street easement over said Parcels E, F, and G, or fee title thereof
if determined by the City Council to be necessary, and in addition
title to the remainder of said Lot 20 not included within Parcel E
if the acquisition of such remainder is authorized by law. The
cost of acquisition of said parcels shall be paid as hereinabove
provided.
The amount received by City for the improvement of either
street shall be used by City for that purpose only. If the unit
prices for the improvements herein contemplated are such that not
all the money deposited is used for the improvements for which
Pope is to pay, such excess shall be refunded to him, and if the
estimated amount is inadequate Pope shall pay City the difference.
City agrees to improve 28th Street as herein provided within
eighteen (18) months from the time the street easement over said
Parcels E, F, and G is vested in City, and, if Balboa Boulevard is
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I not improved as contemplated within three (3) years from the date
hereof, Pope's obligation hereunder as to Balboa Boulevard is ter-
urinated and the deposit therefor shall be refunded to him.
4. City is in the process of acquiring property lying
along the westerly side of said Block 127 which it intends to use
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for the purpose of widening and improving Balboa Boulevard between
23rd Street and 32nd Street in a manner which will provide access
to Balboa Boulevard from said Block 127. If such property is
acquired, City shall cause said improvement to be made. In con-
nection therewith, Pope will pay City the cost of making street
improvements along the easterly side of Balboa Boulevard between
26th Street and 28th Street, consisting of curb, gutter, paving
along the northerly one -half of Balboa Boulevard as improved, and
the cost of the median proposed to be constructed on Balboa Boule-
vard, which cost is estimated to be the sum of $6,900.
5. In connection with the improvement of 28th Street
as aforesaid, Pope shall pay the cost of the curb, gutter, side-
walk along the south side, and pavement from the gutter along said
south side to the center line, which cost is estimated to be the
sum of $3,600.
IN WITNESS WHEREOF, the parties have executed this agree-
Iment as of the day and year first above written.
CITY OF ORTT BEACH
By �'��7/ &T L
Mayor
Attest:
M _�
City Clerk
�1N
EDKER L. E
4.
C -870
See Contract File for
Exhibit A
Record of Survey
0
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Tos Finance Director
From: att9 Attorney% J-
Subject: Contract with Edker Pope
TianmaLtted is check No. S 508242 of Title Insurance and Wet
Compogy Special Disbursoment Account dated Aug. 101, 1464
payabli.:to the City.df°..Hewport Beach in the amount of $53,711.55.
This represents payment by Mr. and Mrs. Pope for Parcel J under
the contract 'With the City dated A.11 wit 26, 1%39 in ths,.tm of
MMIA!less the cost of title insurance in.the #swovait of
IA internal r�r�renue stamps totaling $73.15 and paysesnt for
the easement over Parcel E in the sum of 480 291.500 Its show by
copy of the escrow statement attached.
Please acknowwlsdge receipt of the enclosed check an the copy of
this memo here+dth.
WWC isec
Encs.
cc - City Manager
City Clark -
Walter W. Charamsa
City Attorney
To: iirAwas Director
Frosts City Attorney
&&jests coatts4t with SAM L. Pope
Transmuted is Cashion Ch"k.s! United California Bank No.
11150946 . dated July 24, 1964__; °�tlRsbls to the City of NowVa 't
Beath in the amount of $100 . This constitfbs paymrat by
Mr. Pope Of $6,900 as his share of the cost Of is:provmants aloes
Balboa Boulevard and $3,500 a$ his share of the cost of iXPVOra-
mats along 26th Street as provided is his aesntract with the
City dated Au�ru�t 250 163, authorized by Imoolution No. 3$52.
Please ackwww edge receipt thereof on the sqy of this SWO
attaebezd.
Walter i7. ct+mwomsa
City AttOrmV
BY
Tully R. Seymour
THS:mee Assistant City Attorney
Rnc.
cc • city or
City CLc
Public Works Director
%64 (6
1 Qt "ED
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3 FOR A VALUABLE CdNSIDERATION, receipt of which is hereby
4 acknowledged, the CITY OF NEWPORT BEACH, a municipal corporation,
5 hereby grants to EDM POPS aad BLANCHE POPE, husband anq wife,
6 as community property, the following described real property in
7 the City of Newport 'Beach, County of Orange, Stater of California:
8 That portion of that certain 100 foot strip of land in
the city of Newport Beach, county of Orange, state of
9 California, described in the deed to Pacific Electric
Railway Corny recorded November 14, 1935, in book
10 785 page 45 of Official Records of said county,
described as follows:
11 -
Be inning at the most northerly aorner of lot 20, block
12 1272 Lake Tract, as per map recorded in book 4 page 13
of Miscellaneous Maps, in the office of the county
13 recorder of said county; thence South 19 °42' 30" East
66.56 feet along the northeasterly line of said block
14 127 to the true point of beginning; thence South
I9° 42' 30" East 365.22 feet along said northeasterly
15 line; thence North 83° 23' 00" East 22.18 feet to the
beginning of a curve concave westerly having a radius
16 of 15.00 feet; thence easterly and northerly 26.99
feet along said curve through a central angle of
17 1030 05' 30" thence North 196 42' 30" West 330.12
feet to the beginning of a curve concave southwesterly
18 having a radius of 15.00 feet; thence northerly and
westerly 16.84 feet along said curve through a central
19 angle of 64° 19' 14" to a compound curve concave south-
having a radius of 200.00 feet; thence westerly
20 33.75 feet along said curve through a central angle of
21 90 40' 05" to the true point of beginning.
SUBJECT TO easements, restrictions, reservations, condi-
22 tions and covenants of record.
23 Dated: March 11 , 1964.
24 CITY OF FEWPORT BEACH
25 By -
26
yor
27 Attest:
28""" Cy Clark
29 STATE OF CALIFORNIA )
ss
30 COUNTY OF ORANGE )
31 On M a r c h 13 1964, before me, the undersigned, a
Note Public in an zor said County and State, personally appeared
32 CHARLES E. HART and MARGERY SCRIOUDER, known to me to be the Mayor
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and the City Clerk, respagtivoly, of the CITY Of PROMT BUCRI,
and known to me to be the'yersons who examted the within instru-
amt an behalf of said mud"pal corporation, and acknowledged to
me that such mumLcipal corporation executed the same.
WITUSS my hand and official seal.
:.,OROTHY L. PAUi"
"Ic
IN
G�AAGE COW;T-y
.......................... ........... ............ .
Z.
Notary in and for
said County and State
?4y �Om'rliss;Ofi rVires January 9, . 1965
t- tt .. y
2/1 64 (12)
1 i ESOLUiI+ir4'�AO• 5914
2 A JRS5OLMCW Of THE CITY COUMI.L OF THE CITY OF
3 MEWPO MACH AhPi;ii IZIM TAS M=U,1011 OF R
4
5 WHEREAJi, th* City 40 Newport Beach pursuant to a contract
6 dated do 26th clay of August, 2963, authorized by City Council
7 solution No. 5852, agreed to convoy to Edker Pope the following
8 described real Property is the City of Vewport Beach, County of 09*
9 State of California:
10 lut Portion of that certain 104 :Boot strip of Und in
the City of Newport JJ "he, county of , state of
11 Califorseia, described in the dead to �a Blectric
Railway Company vacsorded J bar 14, 19340 in book
12 7Ji5pe� ee 457 of Official Records of said county,
eJEascribed as full ws s
13
14 at tint most xatTdMly corner Of lot Tg, block
I2 . Letba Tract, as pear mp recorded in book A page 13
15 of Miscellaneous X&Ps, in office set the county
recorder of said county; thetnae South lit` 42. 304 Ust
is "134 lest elm& the uoartbasstaerly Itme of said bUnk
to the true point of beginning; theme South
17 $ 420 30" Just 363.22 feet &I*" said nortbeastarl y
line; thence Worth 83` 23' 00" Last 22.18 feet to the
18 begiaaint of a curve eaoesava westerly haying, a radius
Of 13.00 ]weft ;. thence easterly and northerly 26.99
feet alb said cuuve thr vo k taa2 aag.0 of
19 1030 03' 30" goes firth 19* � 3W* V"t 310,12
20 ft et to that � eatf a carve coma's southwesterly
hawing a raeit of 1 .00 foot; Chance northerly seal
21 wesstrrrly to feeat alaag said our" through a 0entral
angle of i4 19. 14" tea a C er�sxve cesacaw ee>uth-
22 on having, a eradi�t'tfs of 2Q8.tlQ met; tie weatarut
23 9°403' foot 0 to�ie trueepointof be ginnnin. argyle of
24 SU1.=T TO easements, roatriations, roesrwtions, goeadi.-
ti.ons and coveme ats of record;
25 and
26 WJhhhitW* in order to Cam out said agreaeemeat, it is
27 necessary to execute and deliver a grant dead aeuvaying said
28 property as afrsoodd;
29 Nowt mmW=6 DR IT )RgWLV® that the "arm sued city
30 Clark In and mm hereby autharisod and directed to execute it grant
31 dead On behalf of the City of Xgwport Aeache pursuout to said contract,
32 We kith shay of rebrua.
A17TI
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s aL
taccoRWMe RcibuttsT[o sr
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"a W"M aat:OROem taAfL TO i
"Ity if Newport Beach
City Ki.11
Newp :rt fitiaoh, Calif.
GPAC9 Ate M THIS UM9 FOR R&COftagn's use
Apia Y • a sums ar no vsa
TO 1011 C Quitclaim Deed 1
TMM pOasl ►t/eCetallim eY •ITLe teSID3/afJKQ AMe 4et1eT OOe1PAW
FOR A VALUABLE CONSIDERATION, receipt of vdaids is Laraby &dmawle 1pd,
EDKFR POPE. and BLANCHE POPE, husband and wife,
hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAlyd(S) to
CrrY OF NEWPORT BEACH, a municipal corporation of the State of California
the following described teal property is the eo,s8y of Orange
state of California:
That portion of 29th Street in t:za a ty of KcwpoTt L3ach, eefeutty of
Orange, state of California, as ahown on a 1<^..p reoozded in 'c)ook 4 page
13 of Mseellaneous Maps.. in tho offieo or the county. recor(Aer of said
county, described as follows:
of Lake Tract,
Beginning at the =st eastorly eorr:^..es of "ict LA 1n blocks 12,6/as shown
on said map; thence South 520 418 CSO w 1�.45.74 feat to t...0 most
southerly corner of lot 16 in said blc-+ raid corner boing the point
of cusp of the southeast lino of said lot 16 with (: curve concave
southerly having a radius of 2ZO.CO fz.D.t; th.onea easterly 41.58 feet
along said curve throe h a central zt�r-'1c of 28" 581 17" to .he southerly
prolongation of thz easterly line of -_,.;3 lot 11; thence AG_fih 19" 421
30" West 36.76 feet to the point of bz:,vinning.
Dated Marah 4, 1
SPATE OF a lFOMNU �a
COUNTY OF
on - – Wore ea t%o -*—
goad, a WQ Wy Psb'le Is ad to aaw Suss, parazt2y
MUM .e^
iwwo M M
to be the Are email od 1s the wkk!a
iw•tnmmst tad scimwFozwd t¢-' thaj -saaaw tbs mhos.
WITNM my had cad afxia =%L
signaturt
Names (Typed or Printed)
11 r,tc"" by s Corporation tkr Carporceis" /arm
o) Acki led,ment must be seed.
Ulcer Pope
Blanche Pope
MAD . fat .etd4 e.AY af.11
)i
i -
CITY OP ltT�pBPACS
cm
Kasah 91 1464
Tot City Clark
Proms City Attorney
Pubjeett Assn" Item 1 6
Transmitted are the fo]Mwlage
1, Copy of Grant Dead from Idker Papa and Slano1w POO to
the City of Newport Beach, conveying as for
street and hiy purposes over Parcel "I" siio�rn on
Inhibit "A" o their contract with the City,
2. Proposed resolution acaaptiag said Crust Deed.
3, Copy of Quitclain Deed from Sdker Pope and 3 Pope
to the City of Beach, quitolaiaing 19ts1er D"
shone on said Inhibit "A ".
4. Proposed resolution accepting said (bdtolsin Dead,
The executed loads will be placed in escrow pending oarpilaaae
with the provisions of the contract between the City.amd Idker
Pope•
Walter W. Chasamsa
WNCrmec City Attorney
Ines.
cc - City ilsnagas
Public Works Director i
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at the rant i
aw In pt a D"at ON
2 A iFE WLUTUM Or CiTT Commm a! Tip tm 60
3 ice'.! XP�i A @1RT�ii:it 1M�4►
4 wan" . mkw Pps 4" w a►eiw iays sa+tgrt" 0..
6 � % #il► the City sf I ,WWI ieaei4. Comtr of . st"O.. ±ef. .
7 waia. died so i�ailiOxa�
8 "►t Vwtim at 38th Street in do at 11�+ar�t i�wlei►�
9 "WAY of ftvwv state of Cam AS 4� 1w
o ve In book 4 1 1c of
10
Hof the '' s+aasder of
11 , at the mst sastwrl + apt ut It3h bt in
12 sf La>ot Acct, 4a airrwx Oi ts!! �i'i �tb i3 TAT
Mast 1"*74 feet to tba out $055 iNl,}r of let 18 ikw
13 slid bloela, 4414 iha �1; "ems of do SaMb+
t liis sf said 1st ii a oatsw
14 a akomw of 200.00 ftsati
47►ead 4414 t' °�� tast�ca7l �� ��1T" '� !
15 tits setthnt marl of dIM1 }I� 4414
11; t>ssa�se� 19 �' 10" IIINC .7# �. tilt pnrlss
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and
WWAZi, it La to the Lateran of. tk City it aatrpt S"d
quitclaim dasdi
1iEt� ,ice " Rd80i.1® %"* . salt Odtalafn lira# .,
to Aeaneilr aa+eyrtad sad tin 0itlr 6lexit is af�tst.�d di=ciatd is
sssauts aid itt"b tbtratO a cortifieate of sseapton" OW *asst
is its Tworitu0 and to record VOU quL 48" !s the Gowan
A"cts'dsr • a offias.
AT=V v
ADD this tth fty of ifsraiy li ".
.S
City ClerkA�
City Attorney
City Clerk
Pope Deeds
E
March 17, 1964
In compliance with your request, one certified copy
each of Resolutions numbered 5926 and 5927 by which
the Council accepted the Quitclaim Deed and the Grant
Deed of Easement from Edker and Blanche Pope, are
attached. Certificates of Acceptance and Consent to
Recording for each of the Deeds are enclosed for trans•
mittal to the Title Company for attachment to the Deeds.
MS:mv
Enc e.
0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEP TMENT
To: City Clerk
From: City Attorney
Subject: Pope deeds
0
March 13, 1964
It is requested that you furnish us one certified copy each
of Resolutions Nos. 5926 and 5927 by which the Council accepted
the quitclaim deed and the grant deed of easement from Edker and
Blanche Pope and authorized their recording.
Since the deeds are being delivered through the escrow, it is
suggested that you execute and deliver to us the certificate of
acceptance and consent to recording for each of them, which we
will transmit to the title company for attachment to the deeds.
Walter W. Charamza
City Attorne�yn n
By
Tu ly H Seymou
THS:mec Assistant City altorney
a_.
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C
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It ,t 1; , <
1; Y= 7, u<.
RECORDING REQUESTED XY• ..
r AMC w.4M aa<OAO[O MAIL TO
I
NaV lty 'f Ile -wi)o 1. Belle•!)
,swµ , Ity Ifztll
NPwpt rt H:�••.h, Calif,
Oh
sN.N
SPACE AiOV= THIS LINE FOR RECORDER•• U!E
Arm I.R.S. 8... .. ............... sN THIS SpAcc
Gram Deed
to 405 C THIS FORM FURNISHED wY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby scumoa lxdgad
FDKER POPF. end BLANCHe POPE, hueband and. wife,
hereby GRANT(S) to CITY OF NEWPORT BEACH, a municipal corporation of the
Stet. of Cill.fornia
The following described real property in the
County of orangµ
An easement for street and hiViway puzK)oseis over that portion of lot 20
in blo(:k.127 of the Lake Tract, ?n the eitf of Newport Enaeh, county of
Orange, atsate of California, as par m,-_1 re -ors :d in book page 1.3 of
M1ac.e11!+ri"us Map-n, in the office of the county recorder of said county
de.gcribr-a as followe:
13e�1nn.Lrlf at the moat northerly corner of >alci lot; thence youth 190 421
30 East nf, feet •tlong the easterly I,'m of Raid lot to e point on a
non ... tan,� rnt. c%Arve -on•.ave so`.atherly a radius of 200,00 feet] a
r;vil.ai t mild 0- inl T, - r� North kl' 497Y t' ?3L i.hE`TiCe W?6C8rly 4Q,
fee" 'it') -4•, .'.•11'1 .'At',. '_}.1'C). f. a ertxa1. .nf ;le i)f' 11' 351 44` t,, Che:
4pr,t :!'lwa, *arty 1 :n• .. Lvll.l Lot t!' ..nce North j%• 181 54' W''.nt. 44,5F feet
tc tho ""t,erly nl Of �a10 1-)t; t'heM,_.e Ncr_^th 51` OF OFD" FAA 55,87 ft
to the 4• tart. of
Dated _ Karch 4, 1964 _
lidker Pope
STATE OF CALIFORNIA
COUNTY OF— f
On before "% the tc.Exr•
dined, a Notary Public in and for Laid Slue, personally appeared
Eik.e r f oPe -t.n(i Planche Pop
_— known to tee
In be the pernn —whose tvinu, -1 t'Fk• becribed to the within
instrument and acknowledged that t•ht'y .x6gstOd the save.
WITNESS my hand and official seal.
SlRnatur,
Blanche Pope
-- - - -- — —Nam, (Typed or Primed) nut. .,.. I. 1M 1 a 1 ..o
Title Order .N,.. ..--...---- -- --- --- --- _��crow or Lnan No.__; "'_L:_HE!
0 0
CITY OF NEWPORT BEACH
CITY ATTORNEY
March 9, 1964
To: City Clerk
From: City Attorney
Subject: Agenda Item 16
Transmitted are the following:
1. Copy of Grant Deed from Edker Pope and Blanche Pope to
the City of Newport Beach, conveying an easement for
street and highway purposes over Parcel "E" shown on
Exhibit "A" of their contract with the City.
2. Proposed resolution accepting said Grant Deed.
3. Copy of Quitclaim Deed from Edker Pope and Blanche Pope
to the City of Newport Beach, quitclaiming Parcel "D"
shown on said Exhibit "A ".
4. Proposed resolution accepting said Quitclaim Deed.
The executed deeds will be placed in escrow pending compliance
with the provisions of the contract etween the City and Edker
Pope. /
W ter r�
WWC:mec City Attorney
Encs.
cc - City Manager
Public Works Director
I
9
CITY OF NEWYMT BEACH
To: City Clerk
From: City Attorney
Subject: Agenda Item I 6
Transmitted are the folbwing:
`J
March 9, 1964
1. Copy of Grant Deed from Edker Pope and Blanche Pope to
the City of Newport Beech, conveying an easement for
street and highway purposes over Parcel "E" shown on
Exhibit "A" of their contract with the City.
2. Proposed resolution accepting said Grant Deed.
3. Copy of Quitclaim Deed from Edker Pope and Blanche FODe
to the City of Newport Beach, quitclaiming Parcel "D"
shown on said Exhibit "A".
4. Proposed resolution accepting said Quitclaim Deed.
The executed deeds will be placed in escrow pending compliance
with the provisions of the contract between the City and Edker
Pope.
Walter W. Charamsa
WWC:mec City Attorney
Encs.
cc - City Manager
Public Works Director
64 (12) • 0
2 A 8:18otxmm or Tu czar coUpm or Tuz,4m j
3 MWMT UAC-f A WAPT DUD
41 WHERMS0 ldker pope and lft,uactie tope have executed a
5 g7JAnt +Reed grant. =n�,> a City of Newport b0sch the sit property
6 in tz : "its+ of IwPOx M w'::a, iz; City eve' €gauge, Setts Of a:sliforai
7 described as follwat
8 An oasea t leer street and highway per aver that portion
of lot 3, > in block 12i of the Lake Traatt, in the city of
9 Newport beach County of Oranip, state ej Calif+�Mial, as per
a
roamded in book 4 page 13 of C scelLu o m ,fax the
10 - freer of the comty recorder of said county dew beat as
Bsgiccaizi at the Wst northerly corner of "Id lot; tbsaee
12 South 19 42' 30*1 East 66.56 feet aloti the masterly liset of
said lot to at point on a none- tmn,;mat curve comeave southerly
13 having a radius of - 1,10.00 feet, 4 racial to ssi3ali point bear$
North 3' 41' 49 " %nest, thence westerly 48.48 Ever' a31�
14 raid curve through a neutral mangle of 11' 33. 41,,E to the
15 aosth aest'+erly line of said last; thc.u:ei North '41 ' 18' 54"
Wiest 44.18 meet to the svest,erly cmmr of said tot• tie
16 North 52 41' t 55,.87 feet to tt4 point of l�aeg3ueair�:
1711 and
18 WHZRWs it is to the interest of tin City to accept said
19 grant dead few such purposes%
20 WWg THUSSQU O BE IT R&SOLVED that said grant flood is
21 hereby accepted and the City Clark is authorixod and directed to
22 esracuts and attach thereto a c*rtificste of acceptance and consent
23 to its recording and to record said grant of easement in tb* Cc ty
24 Recorder's office
25 ADiJMD this 9th day of March, 1%4.
s
27 _.. __..
t4nyor
28 ##TEST.
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3 /�r64-•(12) 0
ON we
2 A USOLUTION OF ka CoIMCIL Of THE CITY UP
"
z,.
Oft VACH ACi LPTING A QUITCLAIM DEED
4 'v6M&MS# 6dhar Pape and Alanche Pape have axscut.ed a
5 quitclaim deed quitclsisd% to the City of Newport Reach the real
6 prOP"ty in the City of 1 e-wTort Reach, Comity of - Orange, Stare of
7 California, described as follows:
8 That portion of 26th Street in the city of Newport Beach.
9 o�sunty of grange, sate of California, as sk"n on a snap
recorded in book 4 pale 13 of Miscellaneous baps, in the
Office of the couity recorder of said county, described as
10 follows:
11 beginning at the most easterly corner of lot 11 in block 128
12 of Lake tmet, as shown on said map; thence South 32* 41' 06"
West 14$.74 feet to the most southerly corner of lot 16 in
13 said black, said corner being the point of cusp of the south-
east lime of said lot 16 as s curve concave soutbarl
14 having a radius of 240.09 feet, thease easterly 141.56 feet
along said curve through a central angle of 28 56` 17" to
the sontheri Aral Lion of the easterly line of said lot
15 i1; thence North 1942' 30" Vast 36.75 feet to the point
161 of lesgirsnia V;
17 and
18 fieHRMS, it is to the interest of the City to accept said
191 quitclaim dead;
201 NOWv Tiii6A MZO BE IT RESOLPEx'i that said quitclaim deed
21 is hereby accepted and the City Clerk is authorized and directed to
22 execute and attach thereto a certificate of acceptance and consent
23 to its recording and to record said quitclaim deed in the County
24 Recorder's office.
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ADOPTED this 9th day of parch, 1964
IF
n
LA
City Clerk
City Attorney
City Clerk
Grant Deed to Edker Pope and wife
March 13, 1964
Attached is the original and copy of the Grant Deed
and a certified copy of Resolution No. 5914, adopted
by the Council on February 10, 1964, authorizing
said Grant Deed. Mayor Hart and I signed the Grant
Deed on March 11, 1964. Please return the copy to
me at your convenience.
MS:mv
Ence.
j Y
To
From:
u
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DEPARTMENT
•
March 5, 1964
Subject: Grant deed to Edker Pope and wife
RECE1,';'P
t CITY
`
CITYP'
Transmitted are the original and one copy of grant deed from the
City to Edker Pope and Blanche Pope, execution of which was
authorized by Resolution No. 5914.
It is requested that the original of the deed be executed on
behalf of the City and returned to this office together with
a certified copy of said resolution. The deed will be placed
in escrow pending compliance with the provisions of the contract
between Mr. Pope and the City.
THS :mec
Encs.
cc - City Manager
Public Works Director
Walter W. Charamza
City Attorney
By / UX
Tully . Seymo -
Assistant City ttorney
s RECEIV)
`�.
b CITY CLERK
nr
CITY OF
NEWPORT BEACH,
CALIF.
EDKER POPE
1779 BAHAMA PLACE
COSTA MESA, CALIFORNIA
December 30, 1963
Newport Beach City Council
3300 W. Newport Blvd.,
Newport Beach, California
Gentlemen:
Referring to contract agreement per your resolution
5852 I wish to advise that escrow on Lot #20 was closed
during December and that I will, therefore, be in a position
to convey title to the City on Parcel E. With regard to
Parcels F and G, estate matters are still pending, therefore,
a request is made for a thirty day extension of subject
contract.
With regard to existing structures, the demolition
contract requires the property to be completely cleared
as soon as can be scheduled but no later then Feb. 15, 1964-
Your consideration in this request for extension will
be most appreciated.
Yours very truly,
Edker Pope
r cft -
DEC3i 1963�.
-` cin
irF{yp C'7- sc
0 0
EDKER POPE
1773 BAHAMA PLACE
COSTA MESA. CALIFORNIA
December 2, 1963
Newport Beach City Council
3300 W. Newport Blvd.,
Newport Beach, California
Gentlemen:
Referring to contract agreement per your resolution
5852 and a telephone conversation this date with Mr. Coop,
request is hereby made for an extension of thirty days on
subject contract to purchase as the estate matters have
still not been settled.
In the mean time, I wish to advise that contract has
been let to demolish the existing structures in order that
a very unsightly condition will be cleaned up.
I am,
Thanking you for your consideration in this matter,
Yours very truly,
�CL6� y.
Edker Pope
>2- 9 - � 3
DtSPJSITIO�N�: �
— _ _ —� UL Ol Cm 1g63v►
rt r� z OED' of
6 NAP CP�BEPCO,
.\
9 0
C _ 'A ..
September 23, 1963
a'
City Council,
City of Newport Beach, \ "
3300 W. Newport Blvd.,
Newport Beach, California
Gentlemen:
Referring to contract agreement per your Resolution
No. 5852, request is made to extend the time limit of
Paragraph No. 3 from 30 days to 90 days. The reason involved
is due to the status of parcels "F" and "G" which are now
under lease, together with the balance of lots No. 2 to 19
of subject tract. Original lessor died in June of this
year. The executor is desirous of disposing of the property,
however, it cannot be accomplished until probate of subject
property has been completed. It has been indicated that
this can be reasonably accomplished within the time extension
requested. I am confident that this method of settlement
will, in turn, simplify the street acquisition right of way.
Paragraph No. 3 also requires a deposit of $6,900.00
and $3,600.00 to cover costs of street improvements along
28th street and Balboa Blvd. It is requested, in lieu of
cash deposit, that a bond covering this amount be permitted.
Your assistance in this matter will be greatly
appreciated.
a RECEt���
CItY Cs.c� K
SEP 2 19630-
CRY OF
HR M,7T BEACH,
CALIF. �>
Yours very truly,
Edker Pope
NCIL:
- >9-6�d
-P�
yior V�inVry: - /
Yee.! F ,a,. Ely
u 6�
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/63 (7) • •
`l
THIS AGREI ENT 2 made and entered into this a k� day of
August, 19630 between the CITY OF NEWMT UACR, a sunicipal cor-
Potation, hereinafter referred to as "City", and E= L. POPI,
hereinafter referred to eta "Pope ";
WIUUS, it would be convenient for the purpose of this
contract to refer to a map shoving that area of the City of Newport
Beach generally bounded by 26th Street, Balboa Boulevard, 30th
Street, and Newport Boulevard, outlining the streets, lots, and
certain parcels of land identified as Parcel A through Parcel J,
setting out the square feet contained within each of said parcels,
a copy of which map is attached hereto, marked Exhibit "A ", and is
incorporated herein by this reference; and
WRIpj S, Pope has Lots 2 through 19 of Block 127 of Lake
Tract in the City of Newport Beach shown on said Exhibit "A" under
lease and intends to develop said lots within the near future; and
WMRMS, the City is the owner of Parcel J lying between
the parcel under lease by Pope and Newport Boulevard; and
WHRBAS, the City intends to acquire property and extend
and Improve 28th Street from Newport Boulevard to the intersection
of Balboa Boulevard as it is proposed to be widened along said
Block 127; and
WREABAS, it would be advantageous to Pope to own Parcel
J in order that it could be developed simultaneously with his
development on the aforementioned property; and
WHOLUS, it would be to the mutual advantage of the par-
ties and in the public interest to buy and sell the property and
to improve the streets as hereinafter set out;
NOW, THURTM, the parties agree as follows:
1. City agrees to sell and Pope agrees to buy Parcel J
0 •
II bhp on Exhibit "A" attached hereto, consisting of 14,401 square
21 feet, more or less, of property, at a price of $66,172.20. In
3 connection therewith, City shall pay the cost of Internal Revenue
4 stamps and small furnish a standard policy of title insurance at
5 its expense showing title vested in Pope, subject only to the sigh
6i and reservations of record and to the exceptions described in the
7 title policy issued to the City of Newport Beach by Orange County
8 Title Company under policy No. 389129 which has been examined by
9 Pope and said exceptions thereupon. approved.
10 2. Pope agrees to acquire for City and have conveyed
11 to City an easement for street and high -,my purposes over Parcels
12 1, F, and G shown on Exhibit "A ", said parcels consisting of 6,653
13 square feet, more or less, of real property over which the street
14 easement is to be provided, and for which City shall pay Pope
15 $21,622.25. In connection therewith, Pope shall pay the cost of a
16 policy of title insurance showing the street easement vested in
17 City. It is mutually understood that Pope does not own the land
18 within Parcels E, P, and G and it is, therefore, agreed that, if
19 he is unable to acquire and have said street easement conveyed to
20 City, City shall initiate eminent domain proceedings to acquire
21 said easement. If this is done, the $21,622.25 shall be used to
22 pay for said street easement and costs of acquiring the same,
23 including any appraisal fees and condemnation guarantee. If the
24 total cost of said acquisition, as aforesaid, exceeds said
25 $219622.25, Pope shall pay to City two- thirds of the amount of such
26 excess. City shall pay attorney0fess and court costs of City in
27 connection with such proceedings. If, in connection with Pope's
28 acquiring the street easement for City as aforesaid, he acquires
29 title to Lot 20 of which said Parcel E is a part, Pope shall while
30 he holds title to said Lot 20 execute and deliver a quitclaim to
31 City releasing to City all his right, title and interest in and to
32 all that portion of Parcel A shown on Exhibit "A" which lies
a
1 aoatbeastsrly of the center line of 28th Street shy' thereon-
2 3. It is the intention of the parties to proceed with
3' the sale of the property to Pope and the acquisition, of the street
4 sasement for City as set out in the preceding paragraphs as soon
5 as practical. However, if Pope is unable to acquire the street
6 easement over Parcels E. F; ftW ,C within thirty (30) days from
7 the date hereof, the parties shall proceed as follows:
8 Pope shall deposit the following amounts with the City:
9 (a) $66,272.20 as the purchase price of Parcel S. (b) $60900
10 as his share of the cost of imWovements slonL Balboa Boulevard
11 as hereinafter provided. (c) $3,600 as his shard of the cost of
12 improvements along 28th Street as hereinafter provided. Thereupon,
13 City shall cause a grant deed conveying Parcel J to Pope to be
14 executed and transmitted to a title company for ,recording upon a
15 policy of title insurance being issued showing title vested in
16 Pope as aforesaid.
17 City shall also proceed with the acquisition of the
18 street easement over said Parcels E, F, and G, or fee title thereof
19 if determined by the City Council to be necessary, and in addition
20 title to the remainder of said Lot 20 not included within Parcel E
21 if the acquisition of such remainder is authorised by Law. The
22 cost of acquisition of said parcels shall be paid as hereinabove
23 provided.
24 The amount received by City for the improvement of either
25 street shall be used by City for that purpose only. If the unit
26 prices for the improvements herein contemplated are such that not
27 all the money deposited is used for the improvements for which
28 Pope is to pay, such excess shall be refunded to him, and if the
29 estimated amount is inadequate Pope shall pay City the difference.
30 City agrees to improve 28th Street as herein provided within
31 eighteen (18) months from the time the street easement over said
321 Parcels E. P, and G is vested in City, and, if Balboa Boulevard is
3.
1 not improved as contemplated within three (3) years from the date
2 hereof, Popes obligation bmX*under as to Balboa Boulevard is ter-
31 min ted and the deposit therefor shall be refunded to big.
4 4. City is in the process of acquiring property lying
5 along the westerly side of said Block 127 which it intends to use
6 for the purpose of widening and improving Balboa Boulevard between
7 23rd Street and 32nd Street in a manner which will provide access
8 to Balboa Boulevard from said Block 127. If such property is
9 acquired, City shall cause said improvement to be made. In con_.
10 Uection therewitb, pope will pay City the coat of making street
11 improvements along the easterly aide of Balboa Boulevard between
12 26th Street and 28th Street, consisting of curb, gutter, paving
13 along the nortbarly one -half of Balboa Boulevard as is�proved, and
14 the cost of the median proposed to be constructed on Balboa Boule-
15 vard, which cost is estimated to be the sum of $61900.
16 5. In connection with the improvement of 28th Street
17 as aforesaid, Pope shall pay the cost of the curb, gutter, side-
3-8 walk along the south side, and pavement from the gutter along said
19 south side to the center line, which cost is estimated to be the
20 sum of $3,600.
21 IN WITNESS FE =OF) the parties have executed this agree-
22 went as of the day and year first above written.
23 CITY OF WPtBtT BUCA
24 By ..,
25 Mayor
26 Attest.
27 ...- _ city clerk
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W1
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4.
C -870
See Contract File for
Exhibit A
Record of Survey
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No, C -870
E
Date September S. 1963
Authorized by Resolution No. 5852 , adapted on Amimst 26, 1963
Date Mayor and City Clerk executed Contract August 26, 1963
Effective date of Contract August 26, 1963
Contract with Edker L. Pope
Address 1773 Bahama Place
Costa Mesa, California
Brief description of Contract Exchange of property between 26th and 28th Sts.
Amount of Contract
C ty �lerk
September 4, 1963
Mr. Edker L. Pope
1773 Bahama Place
Costa Mesa, California
Dear Mr. Pope:
The Council on August 26, 1963 adopted Resolution
No. 5852, authorizing a contract with you in con-
nection with the exchange of property between 26th
and 28th Streets. I am attaching a copy of said
contract which has been executed by the Mayor and
City Clerk.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS :mv
Enc.
y
September 4, 1963
Mr. Edker L. Pope
1773 Bahama Place
Costa Mesa, California
Dear Mr. Pope:
The Council on August 26, 1963 adopted Resolution
No. 5852, authorizing a contract with you in con-
nection with the exchange of property between 26th
and 28th Streets. I am attaching a copy of said
contract which has been executed by the Mayor and
City Clerk.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS :mv
Enc.
• 0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
August 28, 1963
To: City Clerk
From: City Attorney
Subject: Contract with Edker L. Pope
Transmitted are three copies of the contract approved by the
City Council by Resolution No, 5852,
It is suggested that the original and one copy be executed on
behalf of the City and that an executed copy be transmitted to
Mr. Pope at 1773 Bahama Place, Costa Mesa, California.
Walter.' tharamza
WWC:mec City Attorney
Encs.
cc - City Manager
Public Works Director
Finance Director
8%26163 (12) •
2 A RESOLUTION OF TPV CITY COUNCIL OF Tug CM OF
tWii MT RUCH AUTHORIZING THE EXECUTION OF A
3 CMnUCT WITH ED= L. POPE
4
5 WHERUS, there has Bane presented to the City Goumcil of
6 the City of Newport 'leach a certain contract between the City of
7 Newport Beach snO, Edker L, Pope providing for the =Whanga of
8 certain property between 26th and 28th Street& and bets Newport
9 and Balboa Boulevards and sharing the cost of the improvesient of
10 28th Street and Balboa Boulevard in ttat vicinity; and
11 WHEREAS. the City Council has considered the terms and
12 conditions of said contract and found them to be reaaeeable and
13 consistent with the public interest;
14 Np{1v THOMFORE, BE IT RESOLVED that said contract be and
15 hereby is approved and the Mayor and City Clark are authorised and
16 directed to execute the same on behalf of the City.
17 ADppM this 26th day of August, 1963. /
18 (`A�� /it,�4� C 17 /Y'/ L
19 mayor
20 ATTEST: nn n
21 &. � L . . lI..
2211 -C-f wriv- ._.._
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To:
From:
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
DEPARTMENT
Subject: Agenda Item I 10
0
August 26, 1963
The attached resolution, if adopted by the City Council, will
authorize the execution of a contract with Edker L. Pope for
the exchange of certain property between 26th and 28th Streets
and Newport and Balboa Boulevards and the improvement of 28th
Street and Balboa Boulevard in that vicinity.
i
C
Walter W. Charamza
WWC:mec City Attorney
Encs.
cc - City Manager
Public Works Director
Finance Director
F1LE
0 •
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
August 22, 1963
Too The Honorable Mayor and
City Council
From* City Attorney
Subject* Development of property between 26th and 28th Streets
at Newport and Balboa Boulevards
Transmitted is a proposed contract between the City and.Mr. Edker L.
Pope concerning the exchange of property between 26th and 28th
Streets and Newport and Balboa Boulevards. Parcel J, you will
recall,. is the City -owned 40 -foot strip between 26th and 28th
Streets acquired from the Southern Pacific.
The contract sets out the details of the proposed exchange between
the City and Mr. Pope and the improvement of 28th Street and Balboa
Boulevard adjacent to the old lumberyard property under lease to
Mr. Pope.
In paragraph 2 of the contract, a blank space has been provided in
which there may be entered either "one -half of the" or "the total ".
This is a policy decision which it was felt the City Council should
discuss with Mr. Pope and thereafter should indicate the insertion
to be made. Another provision specifically called to the City
Council's attention is the fourth unnumbered paragraph in paragraph
3 in which the City agrees to improve 28th Street. As written, the
City would have the obligation to improve 28th Street even though
it did not proceed with the improvement of Balboa Boulevard at
this time.
There
will
be at
may be other matters in the contract
specifically wish to discuss. Mr. Po p
the study session Monday afternoon a
the matter with the Council. Exhi
contract will be available at the
WWC*mec
Enc.
cc - City Manager
City Clerk
Public Works Director
Finance Director
which
e has
t about
the City Council
been invited to
2 P.M. to review
to the