HomeMy WebLinkAboutC-918 - Sale of South Coast property (See also C-965)AD
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See C -965
For the following documents:
1. Contract to Buy and Sell Land
2. Cancellation of Lease
3. Lease of City -owned Real Property
with Anthony Pools, Inc.
November 13, 1957
ler. Welter G. Franz, President
South Coast Company
Nemport Roulward at Teeny -third Street
Newport Beaah. California
Dear Mr. Franz:
At its meting November 12 the City Council
authorized demolishing of the pier on City -owed
property leased by South Coast Company, as requested
In your letter of October 18, 1957, and subject to
the conditions in paragraph four of your latter.
We appreciate your interest in upgrading
the area.
31warely,
�fj
ROHM SNRLTON
lS.M City Manager
CC: City Claris
Public Works Director
South Coast Company
C 0 Y
Newport Boulevard at Twenty -third Street
Newport Beach, California
Telephone Harbor 2600
October 18, 1957
From: South Coast Company
Newport Beach, California
To: Via Honorable City Council
Cite of Newport Beach
Newport Beach, California
Subject: City of Newport Beach property as described in
reference (:i); removal of existing facilities
located on
Reference: (a) Lease dated 17 June 1955 between City of
Newport Beach and South Coast Company
1. The South Coast Company is writing in regard to the subject
property currently under lease to them for a period of
twenty -five (25) years as covered by reference (a).
2. The subject property has situated on it an old pier that
is, to the best knowledge of the writer, in excess of twenty -
five years old, and which is, due to normal wear and
deterioration, nearing the point of being unsafe for use.
3. It is the desire of South Coast Company to "clean up"
the subject property, as well as the adjoining property which
is owned by this company, both on the water front, and the
Newport Boulevard frontage, in order to make the property
more presentable and to more fully utilize it during the
normal course of business.
4. In view of the deteriorated condition of this pier and
its deterrent effect toward further development of the area
both as to sightliness and usefullness, together with the
desire of South Coast Company to clean up and more fully
utilize the property, South Coast Company hereby requests
permission from the City of Newport Beach to tear down and
remove the aforementioned pier from the subject property,
at no cost to the City, and without incurring any obligation
on the part of South Coast Company to replace said pier at
any time.
0 C0P6
SOUTH COAST COMPANY
City of Newport Beach
October 18, 1957
5. Your favorable consideration of this request will be
greatly appreciated.
/s/ Walter G. Franz
President
6%1J 64 {9
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CONTRACT TO SELL AND BUY LAND
THIS AGREEMENT, made and entered into this 2..? day of
1964, between the CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as "Seller ", and ANTHONY POOLS,
INC., a California corporation, hereinafter referred to as "Buyer ";
WITNESSETH:
WHEREAS, Buyer is the owner of real property adjoining
the property hereinafter described which Buyer proposes to purchase
under this contract; and
WHEREAS, Buyer is interested in purchasing said described
property from Seller in accordance with the terms hereof;
NOW, THEREFORE, the parties agree as follows:
1. Buyer agrees to buy and Seller agrees to sell the
following described real property, together with all Seller's
interest in the improvements thereon:
Parcel 1
All of Lot 1, Block 223, as shown on a map of Section A,
Newport Beach, recorded in Book 4, page 21, of Miscel-
laneous Maps, Records of Orange County, California, and
all that portion of Block 222 of said Section A described
as follows:
Beginning at the most northerly corner of said Block 222;
running thence south 460 50' 30" east along the north -
easterly line of said Block 222 -to the most northerly corner
of Lot 1, Tract 814, as shown upon a map recorded in Book
24, page 36, Records of said County; running thence south-
westerly along the northwesterly line of said Lot 1, Tract
814, to a point in the southwesterly line of said Block
222; thence northwesterly along the southwesterly line
of said Block 222 to the most westerly corner of said
Block 222; thence northeasterly along the northwesterl;
line of said Block 222 to the point of beginning.
Parcel 2
The property adjoining Parcel 1 described as follows:
Be inning at the most northerly corner of Lot 1, Block
223, as shown on a map of Section A. Newport Beach,
recorded in Book 4, page 21, of Miscellaneous Maps,
Records of Orange County, California; running thence
south 46° 50' 30" east along the northeasterly line of
said Block 223 and Block 222 of said Section A to the
most westerly corner of Lot 1, Tract 814, as shown on
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a map recorded in Book 24, page 36, Records of Orange
County, California; thegffie northeasterly along the
northeasterly prolongatibn of the northwesterly line
of said Lot 1, Tract 814, to an intersection with the
U. S. Government bulkhead line between U. S. bulkhead
station 120 and station 121, as shown on a map entitled
"Harbor Lines, Newport Harbor, California ", approved by
the Secretary of liar, May 2, 1936, and on.file in the
office of the United States District Engineer in Los
Angeles, California; thence northwesterly along said
bulkhead line to an intersection with the northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223; thence southwesterly along the northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223, to the point of beginning.
The sale is subject to all covenants, conditions, restrictions, and
rights of way of record or apparent.
2. Buyer agrees to pay and Seller agrees to accept the
amount of $155,000 as payment for the above described property.
Buyer is paying to Seller the amount of $5,000 upon execution of
this contract. The remainder of the purchase price shall be paid
as follows: Buyer may pay Seller the entire remaining sum of.
$150,000 upon close of escrow as hereinafter provided. If Buyer
elects, Buyer may pay $46,668 upon close of escrow as hereinafter
provided and may pay the balance in three (3) equal annual payments
of $34,444. The first payment shall be due one year after close of
escrow, the second two years after close of escrow, and the third
three years after close of escrow as provided herein. The unpaid
balance shall bear interest at the rate of 6% until paid. In con -
nection with the said balance, Buyer shall execute a note and deed
of trust in favor of Seller to secure the payment of said note.
3. The property described above as Parcel 2 lies between
Parcel 1 and the U. S. bulkhead line, and the line of ordinary high
tide between said Parcel 1 and Newport Bay has not been established.
The line of ordinary high tide on the property adjoining this
property on the south has been established at the U. S. bulkhead
line by judgment in Superior Court No. 23682. The line of ordinary
high tide on the property adjoining this property on the north has
been established by judgment in Superior Court case No. 23683. It
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I is the intention of both parties that the line of ordinary high
tide be established between the property being sold hereunder and
I Newport Bay along the U. S. bulkhead line which would be an
extension of the existing line of ordinary high tide fixed by the
above mentioned judgments. In connection with establishing said
line, Buyer and Seller agree to proceed without unnecessary delay
to prepare and execute a written agreement in the form required by
the State Lands Commission to fix the line of ordinary high tide at
the U. S. bulkhead line and to seek the cooperation and approval of
the State Lands Commission as necessary to establish said line at
that location as provided in Section 6357 of the Public Resources
Code of the State of California. All costs of establishing said
line shall be paid by Buyer, including any costs of Seller or of
the State of California in connection therewith; provided, however,
that Seller will cooperate with Buyer in establishing said line and
insofar as it is practical shall provide such legal services and
engineering services for Seller by its own employees without cost
to Buyer as may be necessary to process said matter.
If, upon further examination of the question, it appears
that it is more appropriate to establish said line of ordinary high
tide at the U. S. bulkhead line by a Superior Court action rather
than by agreement, Buyer may file an action in Superior Court agains
Seller naming in addition to Seller the State of California as a
party defendant as required in Section 6308 of said Code. All
costs of said action, in addition to the costs otherwise incurred
in establishing said line, shall be paid by Buyer, including court
costs of Seller and the State of California, if any, in connection
therewith. Buyer shall also pay the costs of any legal and engine
ing services incurred by Buyer in any such action or proceeding.
4. All escrow charges, title fees, and broker's com-
missions, if any, are to be paid by Buyer.
5. Seller makes no representations of title to the
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property or otherwise except as herein specifically provided. The
sufficiency of title to both parcels and Seller's ability to convey
shall be determined by the availability of a standard owner's
policy of title insurance, subject only to exceptions approved in
writing by Buyer, guaranteeing title to all the above described
property to be vested in Buyer. Seller shall have 60 days to have
any exception removed to which Buyer objects. If such title policy
is not available at the time escrow would.otherwise close, Buyer
shall not be obligated to complete the purchase and any money
deposited in escrow by Buyer shall be returned to Buyer and the
$5,000 being paid upon execution of this contract shall be repaid
by Seller to Buyer.
6. The above described property is being sold subject
to a lease thereof dated June 17, 1955, in which Seller is lessor
and South Coast Company, a corporation, is lessee. Buyer acknow-
ledges receipt of a copy of said lease and agrees to buy the
property subject thereto. The rent payable under said lease shall
continue to be paid to Seller until the close of escrow and there-
after shall be paid to Buyer. If escrow closes other than on the
first or last day of the month, rental for that month shall be pro-
rated to the day escrow closes.
7.
Upon execution
of
this contract,
Buyer
and Seller
shall commence
the proceedings
to
establish the
line
of ordinary
high tide at the U. S. bulkhead line. Upon said line being estab-
lished, an escrow shall promptly be opened for the completion of
the sale with provision for the same to close 90 days thereafter.
Seller shall deposit in escrow a standard grant deed of all of the
above described property and Buyer shall deposit $46,668 or, if
Buyer desires, the total remainder of the purchase price which
amounts to $150,000. If Buyer elects to pay the one -third down,
Buyer shall execute and deposit in escrow the note and deed of
trust as hereinabove provided. In that event the policy of title
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insurance shall be a joint protection policy in favor of both Buyer
and Seller. Such escrow shall be closed prior to the end of the
90 -day period if the parties complete their obligations in con-
nection therewith.
IN WITNESS WHEREOF, the parties hereto have executed this
contract as of the day and year first above written.
CITY OF NEWPORT BEACH
By
Mayor
ATTEST:
SELLER
IV N
By 1—u
� r
ATTEST: 1 %
Secretary
111;
STATE OF CALIFORNIA )
: ss
COUNTY OF ORANGE )
On _ 2 2 1964, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared PAUL J. GRUBER and MARGERY SCHROUDER, known to me to be
the Mayor and the City Clerk, respectively, of the CITY OF NEWPORT
BEACH, the municipal corporation that executed the within instrument
and acknowledged to me that said municipal corporation executed the
same pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
NOTARY PPr"-!C
P !v !_ M
ORANGE OGi,N N
5.
Notary +Public in and for
(said County and Stat``e!``
t • i
1, STATE OF CALIFORNIA )
2I COUNTY OF <1i,,cczes )
31 On /6- _7c , 1964, before me, the undersigned, a
4 Notary Public in and for said County and State, personally appeared
5 %�, : /i, fscr c,:� and
t
6I known to me to be the President and the Secretary, respectively, of
7; ANTHONY POOLS, INC., the corporation that executed the within
1
8! instrument, and known to me to be the persons who executed the
91, within instrument on behalf of the corporation therein named, and
10 acknowledged to me that such corporation executed the within instru
3.11 pursuant to its by -laws or a resolution of its board of direc-
12 tors.
13 WITNESS my hand and official seal.
141 J
is I 16
,7Notary Public in and for
said County and State
JUNE D. RICHARDSON
My Commission Expires Dec. 17, 1466,
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J1 64 (9)
1 CON2MCT TO • ND Bi1Y j Awn
2
3 THIS AMHBM'61MT, made and entered into this Z day of
4 LAC �, 1964, between the CIn 08 ICEWPMT BVACR, a erunicipal
5 o :MIMation, hereinafftj "f*rred to as "Seller"# and ANTSMY PONA,
6 In., a California coxy "ationu, hereinafter referred to as "Sjr
7 idlT►QS$S$TFts
$ 16T EREAS, Buyer is the owner of real propwty ad j oining
9 the property hereinafter described which Myer Vtoposes to purchase
10 un4er this contract; and
11 WHUMS, Buyer is interested in phasing Laid described
12 property from Seller in accordance with the terms b*MOf1
13 , THEREFORE, the parties agree as 901UWO:
14 1. Buyer agrees to buy and Seller agrees to sell the
15 following described real property, together with all Seller's
16 interest in the improvements thereon:
17 Parcel 1
18 All of Lot 1 Block 223, as sheen an a map of Section A
19 Bewpost SeaZ, recorded in Book 4, page 21, of Miscel-
larieous Maps, Records of Orange County + California, and
20 I all that portion of Block 222 of said lectiont A doetasibed
as follows:
21 Beginning at the most northerly corner of said Block 222;
22
running south thence sth 46° 500 30" east along the north-
easterly line of said Black 222 to the most northerly corner
23 of Lot 1, Tract 8140 as sham upon a map recorded in Book
24, page 360 Records of said Cc tty)q running thence south -
z4 westerly along the northwesterly line o Lot 1 'Tract
8140 to a point in the southwesterly line of said Biotk
25 222; thence northwastaerly along the southwesterly line
of said Block 222 to the most westerly corner of said
26 Block 222; thence northeasterly along the northwesterly
Una of said Block 222 to the point of beginning.
27 excel 2
28 The property adjoining Parcel 1 described as follows:
29 �
He in8 at the most noartherly corner of Lot 1, Block
30 223, as shown on a map of Section A. Mewpo�ct Beach,
recorded in Book 4 page $1, of Miscellaneous Maps,
Records of Or 4zty California, ruining thence
31 south 46° 50' " east aion� the northeasterly line of
32 said Block 223 and Block 222 of said Section A to the
most westerly cornier of Lot 1. Tract 814, as shoot on
1 a' p recordad in Wok 24, page 36, Records of Orange
2 County, California; gheace northeeaetSisarly along the
n tlweastaYl prolog eat of the nss eestarl line
yy y
3 of said Lot i, Traci dn to an int�tion with the
0. S. Govereneant bulkh®ad line bed U. S. bulkhead
4 station 120 and station 12i, as shown an a map entitled Barbor Lines, Newport Hes' t Califoi7mi.a ", approved by
5 the Secretary of War, May 1, , .936, and on file in the
office of the VAjUd States astrict Engineer in Los
6 Angeles, California; thence northwesterly along said
bulkhead line to an tntarsection with the northeasterly
7 prolongation of the arastorly line of said Lot 1,
Block 223; thence souVivasterly along the northeasterly
8 Prol ction of the northwesterly line of said Lost 1,
Block 223, to the point of beginning.
9 The sale is subject to all covenants, conditions, restrictions, and
10 I rights of way of record or apparent.
11 2. Buyer agrees to pay and Seller agrees to accept the
i2 smouxit of $1552000 as payment for the above described property.
13 Buyer is paying to Seller the amount of $5,000 upon execution of
14 this contract. The remainder of the purchase price shall be paid
15 as fol%ws: Buyer may pay Seller the entire remgtWng aue of
16 $130,000 upon close of escrow as hereinafter provided. If Buyer
17 elects, Buyer may pay $46,666 upon close of asarow as hereinafter
18 provided and may pay the balance in three (3) equal annual payments
19 of $34,444. The first payment shall be due one year after close of
20 escrow, the second two years after close of escrow, and the third
21 threes years after close of escrow as provided herein. The unpaid
22 balance shall bear interest at the rate of 6% until paid. In con-
23 nection with the said balance, Buyer shall execute a note and deed
24 of trust in favor of Seller to secure the payment of said note.
25
30 The property described above as Parcel 2 lies betrfeer
26 Parcel 1 and the V. S. bulkhead Lim, and the line of ordinary high
27 tide between said Parcel 1 and
Newport Bay has not been established.
28 The line of ordinary Y hi gh tide on the
property adjoining this
29
property an the south has been established at the U. S. bulkhead
30
line by judgement in Superior Court Pao. 23682. The line of ordinary
31 high tide on the proper ty adjoining this property on the Werth has
32 been established b u
y judgment in Superior Court case Mo. 29603. it
2,
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1 is the fn "tention of both p*Les that the line of wary high
2 tide be established between thus preperty being sold hereunder end
3 Bawport Any 81e4 the V. S. bulkha" line which would be an
4 e2teasi4a of the extattag line of ordinary high tide fi 'i►7 the
5 above MORSI aaed judgments.' " %4 connection with ast"lishing said
6 line, Buyer and Seller agree to proceed without unnecessary delay
I
7 to prepare and m%wqut& a written agreement is the form se @vitid by
8 the Slate Lands Commission to fix the lime of Ordinary high tide at
9 the p. !o bulkhead line and to seek the cooparatUo and approval of
10 the State Lands Commission as necessary to eelitoM ish said line at
11 that location as provided in Section 6357 of the Public besources
12 Code of the State of California. All costs of establishing said
13 line shall be paid by Buyer, including any costs of Seller or of
14 the State of California in connection therewith; provided, however,
15 that Seller will cooperate with Buyer in establishing said line and
16 insofar as it is practical *hail provide such legal services and
17 anginserind services for Seller by its own employees without cost
18 to Buyer as may be necessary to process said matter.
19 If$ upon further examination of the question, it appears
20 that it is MOre appropriate to establish said line of ordinary high 1
21 tide at the U. S. bulkhead line by a Superior Court action rather
22 than by agr ament,,Buyer may file an action in Superior Court against
23 Seller naming in addition to Seller the State of California as a
24 'party defendant as required in Section 6308 of said Code. All
25 costs of said action, in addition to the costs otherwise incurred
26 in establishing said line, shall be paid by Buyer, including court
27 costs of Seller and the State of Califerais, if any, in connection
28 therewith. Buyer shall also pay the costs of any legal and engineer
29 ing services incurred by Buyer in any such action or proceeding.
30 4. All escrow charges, title fees, and broker's com-
31 missions, if any, are to be paid by Buyer..
-32 5. Seller makes no representations of title to the
3
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1 property or otherwise apt as herein specifically pvovi4ed. The !
2 sufficiency of title to b6W #*=*Is tad Sollor's ability, to.ltoavay
3 shall be detarmined by the availability of s standard Ovior's
4 policy of this insurance, subject only to exception* approved in
5 writing by Buyer, guaranteeing title to all the above described
6 property to U vested in Buyer. Seller shall have 60 days to leave
7 any exception removed to which Buyer objects. If such title pQUCY
8 is not availsbIO -Ot the time escrow would otherwise closet buyer
9 shall not be obligated to complete the purchase and any money
10 deposited in escrow by Buyer shall be returned to luy*t and the
11 $5,000 being paid upon execution of this contract shall be repaid
12 by Seller to Buyer.
13 6. The above described property is being sold subject
14 to a least thereof dated June 17, 19553, in which Seller is lessor
15 and South Coast Company, a corporation, is lasses. Buyer acimow-
16 ledges receipt of a copy of said lease and agrees to buy the
17 property subject thereto. The Teat payable under said lease shall
18 continue to be paid to seller until the close of escrow and tiers-
19 after shall be paid to Buyer. if escrow closes other then an the
20 first or last day of the mouth, rental for that mouth shall be pro-
21 rated to the day escrow closes.
22 7. Upon execution of this contract, Buyer and Seller
23 shall commence the proceedings to establish the lime of ordinary
24 high tide at the U. S. bulkhead line. Upon said line being estab-
25 lisped, an escrow shall promptly be opened for the completion of
26 the sale with provision for the same to close 90 days thereafter.
27 Seller shall deposit is escrow a standard grant deed of all of the
28 above described property and Buyer shall deposit $46,668 or, if
29 Buyer desires, the total remainder of the purchase prima which
30 amounts to $150,000. if Buyer elects to pay the one -third down,
31 Buyer shall execute and deposit in escrow the note and dead of
-32I trust as hereinabove provided. in that o"at the policy of title
0
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1 inquiftee shall be 'a Joint protection policy in favor of,.bOth Buyer
2 and Sell*- Such escrow sWl be closed prior to twead of the
.3 "-4&7 Period If the partie I a camplete their obliestions in con-
4 section therewith.
5 IN WITNESS WMM0pj the parties hereto h&V9..*"cuted this
6 contract:-` 4W of the day end year first sibo" writtQ*-
7 CM OF xxwm
8 By
mayor
9
10 ATT EST: k
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12 SZLLRR
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STATE OF CALrrautu )
s as
COUNTY OF ORANGE
on 1964s before moo the undersigned,
a Notary public in and for said County and States Personally
appeared pAUL J. allM and MARMY SCUOUM* k : rLMA to us to be
the Mayor and the City Clerks, respectively, Of the CITY Or JMWMT
BUCHO the municipal corporation that executed the within instrument
and acknowledged to as that said municipal corporatLen executed the
same pursuant to a resolution of its City Council*
WITNESS my hand and official seal.
------------------ Z chi
31
NC public in and for
TAR! FUII�r
32 said , ounty and State
C� I.N
........... ........... ........... .........
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V.
STATE OF GALI MNIA )
Gomm or A-e�s
ss
On (C� ✓cam. c , 1964, before au►, the uOde"i9ved, a
Note3qr Public in and for M14.40mtY and State, personally appea
:. %s77i. d1 and +„►
known to me to be the President and the Stc-zet:ary, raap�etively, of
Wy POOLS, }C., the corporation that executed "its within
instrum nt, and known to me to be the peraons who executed the
athiet instrtament on behalf of the corporation herein named, and
acknowledged to me that such corporation *cMMted the within instru
meat puzsualnt to its by -laws or a resolution of its board of direc-
tors.
WITNESS my hand and official seal.
/rte
"usetary Public in "d for
said Ce ty and Stoe
JUNE D, RICHARDSON
My Commission Expires Dec. 17, 1966,
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(12) + i
RESOLUTION NO. 5982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE ERECUTION OF A
CONTRACT
WHEREAS, the City of Newport Beach owns the following
described property:
30
and
332111
Parcel 1
All of Lot 1, Block 223, as shown on a map of Section A,
Newport Beach, recorded in Book 4, page 21, of Miscel-
laneous Maps, Records of Orange County, California, and
all that portion of Block 222 of said Section A described
as follows:
Beginning at the most northerly corner of said Block 222;
running thence south 46° 50' 30" east along the north-
easterly line of said Block 222 to the most northerly comer
of Lot 1, Tract 814, as shown upon a map recorded in Book
24, page 36, Records of said County; running thence south-
westerly along the northwesterly line of said Lot 1, Tract
814, to a point in the southwesterly line of said Block
222; thence northwesterly along the southwesterly line
of said Block 222 to the most westerly corner of said
Block 222; thence northeasterly along the northwesterly
line of said Block 222 to the point of beginning.
Parcel 2
The property adjoining Parcel 1 described as follows:
Beginning at the most northerly corner of Lot 10 Block
223, as shown on a map of Section A. Newport Beach,
recorded in Book 4, page 21, of Miscellaneous Maps,
Records of Orange County California; running thence
south 46° 50' 30" east along the northeasterly line of
said Block 223 and Block 222 of said Section A to the
most westerly corner of Lot 1, Tract 814, as shown on
a map recorded in Book 24, page 36, Records of Orange
County, California; thence northeasterly along the
northeasterlyy prolongation of the northwesterly line
of said Lot 1, Tract 814, to an intersection with the
U. S. Government bulkhead line between U. S. bulkhead
station 120 and station 121, as shown on a map entitled
"Harbor Lines, Newport Harbor California ", approved by
the Secretary of War, May 2, 936 and on file in the
office of the United States District Engineer in Los
Angeles, California; thence northwesterly along said
bulkhead line to an intersection with the northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223; thence southwesterly along the northeasterly
prolongation of the northwesterly line of said Lot 1,
Block 223, to the point of beginning;
WHEREAS, Section 1402 (b) of the Newport Beach Charter
1 Provides that the City Council may sell and convey said property;
2 and
3 WHEREAS, a contract has been prepared under which the
4 City agrees to sell and Anthony pools, Inc., a California corpora-
.5 tion, agrees to buy said real "...# oparty; and
6 WHEREAS, said contract provides for payment:to the City
7 in the sum of $155,000, which is equal to or higher than the fair
8 market value of said property; and
9 WHEREAS, said contract also provides for the buyer to pay
10 the cost of establishing the line of ordinary high tide adjacent to
11 said r ert and
P oP y,
i2 WHERM9 it appears to be in the best interests of the
13 City to execute said contract and sell the above described real
14 property pursuant thereto;
15, NOW, THEREFORE, BE IT 'RESOLVED that the Mayor and City
16 Clerk be and are hereby authorised and directed to execute said
17 1 contract on behalf of the City.
2M
19 ADOPTED this 22nd day of June 0 1964.
20 / `•
`� �
21 mayor
22 ATTEST: �i
23 x:,412 t _ti t d c t`� - t �-
24 city er
25 11
26
27
28
29
30
31
32
tM
J
Mr. R.C. Greer
3416 Via Lido
Newport Beach, California
Dear Mr. Greer:
C]
June 25, 1964
Enclosed is an executed copy of Resolution No. 5982, authorizing
the execution of a contract.
I am also enclosing an executed copy of the contract between the
City of Newport Beach and Anthony Pools, Inc. which was authorized
by the afore mentioned Resolution.
Very truly yours,
Margery Schrouder
City Clerk
City of Newport Beach
MS: gm
Encls.
To:
From
Subject
0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
City Clerk
City Attorney
Sale to Anthony Pools, Inc.
0
June 17, 1964
Transmitted are the original and two copies of the proposed
contract under which the City would sell the property under
lease to•South Coast to Anthony Pools, Inc. The contract
has been executed by Anthony Pools and may be executed by
the City upon the adoption by the City Council of a resolu-
tion authorizing the execution. Any copies of the draft of
the contract dated 5/20/64 should be destroyed.
The appropriate resolution has been transmitted to your office
by memorandum of May 21, 1964.
t`
Walter W. Charamza
WWC:mec City Attorney
Encs.
cc - City Manager
Finance Director
PbsiroN vatE1� � l
ov
'Qua' �.,.
0 0
CITY OF 1ltT BSACH
CIR ATTCWIEY
UWARTMENr
June 17, 1964
To: Director of Finance
From: City Attorney
Subject: Check No, 153749 Anthony Pools, Inc.
Transmitted is the subject check drawn on bank No. 90-1582 in
the amoustt of $5,000 payable to the City of Nerport B"ch.
This check was delivered in connection with the caseeact under
which the City troposes to sell the real property Hider lease
to South Coast oopany.
The contract has been saeeuted by the proposed buyer and will
be before the City Council for consideration on June 22.
WWC:mec
Enc.
cc - City Manager
City Clerk.
Walter W. Charamza
City Attorney
0
May 27, 1964
Zg
City of Newport Beach
Y � r
City Hall i_ -i.,:
3300 West Newport Boulevard
Newport Beach, California
Gentlemen:
This firm represents Anthony Pools, Inc. in
connection with their offer to purchase from the Cit -,
of Newport Beach a certain parcel of land which is -aorr
fully described in a proposed written contract to S:el.
and Buy Land prepared by the City Attorney of Newport
Beach and submitted to our clients.
The contract
submitted by the City to our clients
provides in paragraph 4 that Anthony Pools, Inc. will agree
to process a resubdivision and realignment of lot lines on
the property presently owned by our clients northwesterly
and southeasterly of the property proposed to be purchased
from the City, along with the parcel to be acquired from
the City in order that all of said property shall be con-
tained in two parcels of land of substantially equal size.
Anthony Pools, Inc. has no objections to proceed
with the plan of resubdivision as outlined in the aforesaid
agreement submitted by the City. However, the property owned
by our clients which is located northwesterly and south-
easterly of the City property is subject to a first trust
deed and a second trust deed. In order for Anthony Pools to
process a resubdivision as outlined by the City in the pro-
posed agreement, and to arrange for the City to have a first
trust deed lien against said property as security for the
unpaid balance of the purchase price, it is necessary for the
holders of the existing first and second trust deeds to give
LAW OFFICES
WALLENS7'EIN 8 FIELD
RAYMOND WALLENSTEIN
TELEPHONE
MORTON R.FIELD
6505 WILSHIRE BOULEVARD, SUITE 503
OLIVE 3 -5050
LOS ANGELES, CALIFORNIA 90048
JACH A. Rose
CABLE ADDRESS
WALFELD
May 27, 1964
Zg
City of Newport Beach
Y � r
City Hall i_ -i.,:
3300 West Newport Boulevard
Newport Beach, California
Gentlemen:
This firm represents Anthony Pools, Inc. in
connection with their offer to purchase from the Cit -,
of Newport Beach a certain parcel of land which is -aorr
fully described in a proposed written contract to S:el.
and Buy Land prepared by the City Attorney of Newport
Beach and submitted to our clients.
The contract
submitted by the City to our clients
provides in paragraph 4 that Anthony Pools, Inc. will agree
to process a resubdivision and realignment of lot lines on
the property presently owned by our clients northwesterly
and southeasterly of the property proposed to be purchased
from the City, along with the parcel to be acquired from
the City in order that all of said property shall be con-
tained in two parcels of land of substantially equal size.
Anthony Pools, Inc. has no objections to proceed
with the plan of resubdivision as outlined in the aforesaid
agreement submitted by the City. However, the property owned
by our clients which is located northwesterly and south-
easterly of the City property is subject to a first trust
deed and a second trust deed. In order for Anthony Pools to
process a resubdivision as outlined by the City in the pro-
posed agreement, and to arrange for the City to have a first
trust deed lien against said property as security for the
unpaid balance of the purchase price, it is necessary for the
holders of the existing first and second trust deeds to give
• -2- • May 27, 1964
their written consent. This would mean that the holder
of the first trust deed, a savings and loan association,
would have to agree to subordinate its lien to a second
position and the holder of the second trust deed would
likewise have to agree to become a holder of a third trust
deed. The savings and loan association, because of limita-
tions prescribed by state law, cannot legally subordinate
their first trust deed to any other lien holder. Further-
more, the holder of the second trust deed has informed me
that they would not consent to stepping down to a position
of a holder of a third trust deed. This would mean that
the only way by which we can purchase the City property
and agree to process a resubdivision of said property is
to have the City take a third trust deed on the property.
I have been informed that the City will not consider ac-
cepting a third trust deed.
I sincerely hope the City can see the legal problem
facing us. We have agreed on all terms of the sale, including
price and method of payment and are ready to proceed with the
purchase of the City property provided the covenant that our
clients process a resubdivision be eliminated from the con-
tract.
We will await the reply of the City Council and if
the Council can see fit to eliminate the aforesaid provision
from the contract we can immediately proceed with the purchase
of the property on the terms agreed upon.
Very truly yours,
WALLENSTEIN & FIELD
By
Mor r'_n.R. Field
MRF:par
CC: Mr. Phil Anthony
Anthony Pools, Inc.
5871 E. Firestone Boulevard
South Gate, California
To
From
0
CITY OF NEWPORT BEACH
City Clerk
City Attorney
CITY ATTORNEY
D PAR NT
Subject: Sale of South Coast property
U r1
May 21, 1964
dr
Transmitted is a copy of the proposed contract for the sale by
the City to Anthony Pools, Inc., of the property now under lease
to the South Coast Company. The contract has been forwarded to
the attorney for the buyer for execution, if satisfactory, and
return to the City.
The attached resolution, if adopted by the City Council, will
authorize execution of the contract on behalf of the City.
It is in order for presentation to the Council upon return of
the executed contract. A
Walter W. Charamza
WWC:mec City Attorney
Encs.
cc - City Manager
Finance Director
To:
From:
Subject:
On April
erty now
Inc., as
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEP RT�M NT
The Honorable Mayor and
City Council
City Attorney
Rf'CF►,'��
CITY CLERK
MAY i :Si64
Cm OF
NEWPORT BEACH,
CALIF.
May 20, 1964
Sale of South Coast property
13, 1964, the City Council approved the
under lease to the South Coast Company
indicated in this excerpt from the City
sale of the prop -
to Anthony Pools,
Council minutes:
The Council concurred in the recommendations presented by
the Land Committee that the City advise the people who wish
to buy the property now being leased to South Coast Company
indicating that the City Council will accept the sum of
$155,000 net to the City; that the buyer enter into a con-
tract whereby the property line at the water's edge will be
adjudicated at no cost to the City; that action will be
taken to resubdivide the property so that all the holdings
of the buyer will be in one parcel; that the buyer be made
aware that the property is subject to a lease between the
City and South Coast Company; that all escrow charges,
title fees, broker's commission, if any, are to be paid by
the buyer; that the terms be one -third down with three
years on the balance at six per cent.
A contract has been prepared with Anthony Pools which meets those
requirements except that the proposed purchaser has indicated that
it would not resubdivide to create a single parcel of land but
would be willing to create two parcels.
A copy of the proposed contract is being forwarded for each member
of the City Council in order that you may review it prior to the
meeting on May 25, 1964. It is expected that the contract will
be executed by Anthony Pools, Inc., and returned to the City by
the Council meeting. If this has not happened, it is suggested
that the matter be held over until the next regular meeting of
the City Council. A resolution has been prepared which will
authorize execution of the contrac bythe City.
WWC:mec At r W. Char a
Enc, City Attorney
cc - City Manager
City Clerk