HomeMy WebLinkAboutC-929 - Lease'� a _7 ._ .
1073
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
July 9, 1973
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
COUNCIL AGENDA
ITEM NO. H - ( of
SUBJECT: CITY -OWNED REAL PROPERTY ON 38TH STREET BETWEEN RIVER AND
LAKE AVENUES C=-
RECOMMENDATION:
If desired, award a lease to Rolland A. and Thelma L. Prehn
for $60 per month on a month to month basis beginning August 1, 1973,
or sooner, and direct City Attorney to prepare the lease agreement.
DISCUSSION:
On April 9, 1973, the City Manager and the City Attorney were
instructed to prepare specifications to offer the subject property for
sale or lease. After lengthy investigation, the staff decided to lease
subject property rather than sell it because of the possibility of the
property being classified as waterfront or beach property.
Two weeks prior to the opening of bid forms, forty -two (42)
brochures were sent to surrounding property owners; the property was
published for lease in the City's legal newspaper; further, the property
was posted with a public notice.
The minimum monthly rental was not to be less than $45.
On June 29, 1973, bid forms were opened at 10:00 A.M. The
bids were as follows:
1. $60 from Rolland A. and Thelma L. Prehn, 3800 River Avenue,
Newport Beach,
2. $49 from H. B. Mathis, 3714 Park Lane, Newport Beach,
3. $45 from Henry C. Abrams, 3806 River Avenue, Newport Beach.
RLW:JMS:cs
Attachment
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CITY OF NEWPORT BEACH DRAWN P L'. DATE 3_
PUBLIC WORKS DEPARTMENT APPROVED
C /TIC �Wit/ED PQO�E.PTY
AT 3B SST. � LAKE ,4liE.
PUBLIC WORK$ DIRECIOR
R.E. NO.
DRAWING NO.
AFFIDAVIT OF PUBLICATION
NEWPORT HARBOR ENSIGN
STATE OF CALIFORNIA 1 ss.
County of Orange j
I . ..................:.`.:..`..... - .....: :::: ...... .-............. being first
duly sworn, and on oath depose and say that I am the
printer and publisher of the Newport Harbor Ensign, a
weekly newspaper printed and published in the City of
Newport Beach, County of Orange, State of California,
l..:• ; i ;
LEGAL 140TICS
.., .,
and that the........:.::-. c. a_.. :.'.._...._...._ ............ _.. _.......... _....._.
..
NOTICE INVITIN MIS.
........................... .
FOR THE LEAS OF
PROPERTY OWNE THE
........... . .............. _.. ............................. ..........__................ of which
,
CITY OF NEWPOR' 40WH
copy attached hereto is a true and complete copy, was
NOTICE IS HEREBY GIVEN
printed and published in the regular issue(s) of said
that the City of Newport Beach
newspaper, and not in a supplement, ...... �.. .......... consecu-
intends to lease to St
`month
bidder, on a month.
tive times: to the issue(s) of
basis, certain real, ty
s
owned by, it which 1 :located
_....
at:
Commonly Known A tri-
..................... ...................................... I ....... ........_.....
angular shaped parcel'�prop-
.................. ............._...... ..- ............................
erty containing appro . ly
1170 sq, ft. on 38th Street
....................................................... ...............................
between River and Lake Ave-
nues.
............................... ... ..............
Legally Described : The
/...........................
Northwest half of Lot :9 aad
10 in Block 137 of River See-
( Signed)._...`.:. 5`: z:._. ......l..ti..i:'.:._�'__ /.. :.�:�
tion, as shown on a Map re-
f
corded in Book 4, Page 25
Subscribed and sworn to before me this..'. - .:..:.:'.day of
of Miscellaneous Maps, Rec-
v �.._r,;; j
ords of Orange County, Calif -
................. ..........- .................... 19.........
ornia.
Any person desiring to lease
•� .
said property may submit a bid
.......:. .................blic.................. ........,......................
to do so by letter sled
Notary of Or in and for the
County of Orange, State of California.
to the Office of the' �.Maa-
'
ager, City Hall, 33
wport
Boulevard, Ne ;,.$each,
'" ' ' - - "''- '---�---- ��----- ---- --
California, prior to a.m.,
o r r- 1 C I A L _.c n L i
June 29, 1973. Bids .will be
�.V- MARY A, HAAPA
i n•. ;:�.
opened as soon thereafter as
,,,
ALOpR( =,,v
is practicable. Bids must be
cnANC' .oun+rY
for a minimum of $45.00 per
month.
Robert L. Wynn
City Manager
City of Newport Beach
C alifornia
Publish: June 14, 1973; in the•
Newport Harbor'Ensigt:
AFFIDAVIT OF PUBLICATION
NEWPORT HARBOR ENSIGN
STATE OF CALIFORNIA } ss
County of Orange
I . ....... ...........ARV .0 .... .. .. ... HAA PA ............. ...... being first
duly sworn, and on oath depose and say that I am the
printer and publisher of the Newport Harbor Ensign, a
weekly newspaper printed and published in the City of
Newport Beach, County of Orange, State of California,
and that the....... NOTICE; INVITING BIDS
................. ...............................
........................................................... ............................... of which
copy attached hereto is a true and complete copy, was
printed and published in the regular issue(s) of said
newspaper, and not in a supplement, ...... i.......... consecu-
tive times: to -wit the issue(s) of
June 14� 1973
..................
( Signed) ... ..1.!��... ...1....1..''............... F�
Subscribed and sworn to before me this..1`i:of
........ ..........................June 73 .
.., 19.........
.... .
Notary blic in and for the
County of Orange, State of California.
OFFICIAL SEAL
MARY A. HAAPA
N Public - LE I fo
PRINCIPAL OFFICE ry
ORANGE COUNTY
.MY COMMISSION E %PIRES DECEMBER
W
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C(1ipO�ry nF � '/
JI
!iy 29 1973
BY the CITY COUNCIL
r;JTY q8 NP,1 QAT 6"CM
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: City Attorney
Subject: City -owned Real
May 29, 1973
located on 38th
At their April 9 meeting the City Council referred the above -
referenced matter to this office with the instructions to
prepare bid documents for its sale or lease. Before bringing
this matter before the Council, we examined the question as
to whether or not the subject property was waterfront or beach
property within the meaning of Section 1402 of the Charter.
Said Section provides in part that:
"The City Council shall not sell or convey
any waterfront or beach property, excepting to
the State or to the County for use as a public
beach or park.
"No such property owned by the City shall
be leased by the City unless and until the leas-
ing thereof shall have been approved by a majority
of the electors . . .".
It was out initial opinion that the subject property did not
constitute waterfront or beach property because of the exis-
tence of an intervening public street between the beach and
the property. Upon further investigation, however, we have
learned that in 1963 the City sought to sell a similar parcel
of property located in the area of 19th and Bay Avenue. It
was determined at that time that First American Title Insurance
and Trust Company would not insure the title for the prospec-
tive purchaser unless the Charter was amended to allow for the
sale. It was decided by the Council that the appropriate
course of action was to amend the Charter which subsequently
occurred in May of 1964.
Because of the precedence established by the 19th and Bay
property being classified as waterfront or beach property
by the Title Company, the Council's decision to sell or lease
the similarly located 38th Street property becomes more dif-
ficult. To resolve this apparent problem, three possible
courses of action are suggested:
F l
RE: 38th Street Property -2- May 29, 1973
1. Obtain a court determination as to whether Section
1402 does preclude the City Council from leasing or disposing
of this parcel.
2. Take the position that the property is not water-
front and lease it on a month -to -month basis. Should the
lease be challenged, the City could cancel it upon giving 30
days' notice, or in lieu thereof, seek a judicial determina-
tion on whether or not the property canes within the meaning
of Section 1402.
3. Retain ownership and install recreation zone parking
meters. This would provide a few additional parking spaces
for those visitors wishing to use the adjacent beach. In ad-
dition, anyone who has purchased a parking permit could park
on the lot without having to deposit a coin in the meter.
'�� e
DENNIS O'NEIL
City Attorney
cc: City Manager
City Clerk
PB &R Director
Public Works Director
CITY OF NEWPORT BEACH
APR V 1973 OFFICE OF THE CITY MANAGER
By +he CITY COUNCIL April 9, 1973
G4TY 00 "61#04W 65I4H
TO: MAYOR AND CITY COUNCIL
STUDY SESSION
ITEM NO. 8
COUNCIL AGENDA
ITEM NO. G -7
FROM: City Manager
SUBJECT: CITY -OWNED REAL PROPERTY ON 38TH STREET BETWEEN RIVER AND
LAKE AVENUES
RECOMMENDATION:
If desired, instruct the City Manager and the City Attorney to
prepare specifications to either:
1. Offer the property for sale to the highest responsible
bidder, or;
2. Lease the property for limited use to the highest responsible
bidder.
DISCUSSION:
The subject parcel (please see attached exhibit) was acquired
March 5, 1959, and contains approximately 1170 square feet. It is triangular
in shape and was residual from the acquisition of property for the access
road to the Newport Island Bridge. It was leased on October 10, 1964, for
ten years to Mr. & Mrs. Vernon E. Schauppner of 3714 Park Lane (Lots 7 and 8)
as a private off - street parking lot for $12.50 per month. The lessees were
not permitted to construct any improvements on the property except paving and
landscaping. Maintenance was a lessee responsibility.
Mr. & Mrs. Schauppner have now sold their Park Lane property to
Mr. H. Burdell Mathis. The lease with the Schauppners provided as follows at
Section 10:
"Nonassi nabilit Lessee shall not assign this lease or
any interest t erein without the prior written approval
of lessor. Should lessee sell and convev said Lots 7 and
8 this lease shill thereu on terminate ulness essor
consents to the assignment of the ease to the successor
of lessee . . . . Such consent shall lie entirely within
the discretion of lessor." (Emphasis supplied)
Public Interest in the Parcel. Although two small public beach areas adjacent
to the entrance to Newport Island are nearby, there does not appear to be any
Page - 2 -
prospective public use for this parcel due to its limits and irregular
size and lack of adjacency to other publicly owned lands. The Parks,
Beaches and Recreation Director believes that the City would incur an
unjustified maintenance obligation if the parcel was converted to a land-
scaped public area.
Sale or Lease of Parcel. If the City Council determines that the property
as no present or future potential public use, it should be returned to
private ownership. Since the parcel by itself is too small to constitute
a legal building site under present law, it is assumed that only the
adjacent property owner can justify offering fair market value for the
property. The property should be offered for sale subject to a condition
that no structures can be erected unless the land is consolidated with the
adjacent "R -2" lot.
If the City Council believes that the property may have some
future public use, it could be leased. Mr. Mathis has requested to lease
the parcel (please see attached letter). If it should be leased, the
following specifications are recommended:
1. Lease term to be five years subject to termination by the
City or lessee without cause upon 30 days written notice;
2. No structures or improvements other than landscaping to be
erected on the property;
3. Care and maintenance to be the responsibility of lessee;
4. Minimum monthly rental of $45.00.
CONCLUSION:
The subject parcel appears to be of questionable value to retain
in public ownership. It should, therefore, be sold or leased to provide at
least some more realistic income return to the City.
0 R L. WYNN
RLW:PFB:cs
Attachments
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CITY OF NEWPORT BEACH DRAVM A Q. °"n
oEPARTM1 W
CITY QYlOX" 0,4QOERTY "
RE. Iq.
.4r.7& reir g LAKE AYE. �► N. No.,Q S2T -
March 26, 1c'73
?r. Robert L. P;ynn, .City Manager
'1300 Newport Blvd.,
Newport Beach, Calif.
SUBJECT: Parkin Lot at
Street and Lake Avenue
Dear Mr. Wynn:
MAR 2719730►
r-'
NE" _ACH
NI GUr. 4'.
I have recently purchased the home of Vernon Schauppner located
at 3714 Park Lane. Mr. Schauppner had a lease for the City -owned
property located at 38th Street and Lake Avenue for a private
parking lot. I understand the lease terminated with the sale of
the property.
The lot is immediately across
which are a part of the building.
and blacktopped.
the narrow alley from my garages
Mr. Schauppner had the lot graded
I beg of you let this lot be used for parking as in the past -
either as a private parking lot on lease or for public parking.
I would be happy to lease it direct or get two of my neighbors
to share it with me one is the lady with the bad heart.
Another reason for letting this stay as a parking lot is that
it has room for four cars with ease. Mr. Schauppner said they have
had as many as six cars on it at one time. With the shortage of
parking space in this area, this parking lot is badly needed. Three
duplexes are being built next to me and many more in this area.
Parking space is getting more acute every day.
I thank you Mr. Wynn, for your consideration.
Sincerely,
H. B. Mathis
3714 Park Lane
Newport Beach,Calif. 92660
464 (8)
lit LEASE
2�
3� THIS LEASE, mad-_ and entered into this t6 day of
4i August, 1964, between the CITY OF NEWPORT BEACH, a municipal corpo
5ii tion, hereinafter referred to as "Lessor ", and VERNON E. SCHAUPPNER
6,1 and RUTH A. SCHAUPPNER, husband and wife, 3714 Park Lane, Newport
7`j Beach, California, hereinafter referred to as "Lessee ";
81 WHEREAS, lessor is the owner of the hereinafter described
91 real property; and
t
10ii WHEREAS, lessee owns the northwesterly one -half of Lot 7
1111 and Lot 8 in Block 137, River Section, of Newport Beach; and
12 WHEREAS, lessee desires to lease, improve and use the
131 hereinafter described real property owned by lessor as hereinafter
I
3.4 provided in this lease; and
15 WHEREAS, the lease of said property by lessee is agreeable
16 with lessor under the terms and conditions hereinafter provided;
17 NOW, THEREFORE, the parties agree as follows:
18 1. Description. Lessor leases to lessee the following
191 described real property in the City of Newport Beach, County of
20 Orange, State of California:
21 A portion of Lots 9 and 10, Block 137, River Section;
as shown on a Map thereof, recorded in Book 4, page
22� 25 of Miscellaneous Maps, Records of Orange County,
California, more particularly described as follows:
23
Beginning at the Southerly corner of the Northwest
24 one -half of said Lot 9; thence North 370 13' 30" West,
along the Southwesterly line of said Northwest one -half
25 of Lot 9, 37.76 feet; thence North 520 46' 30" East,
5.00 feet; thence North 86° 53' 50" East, 58.49 feet
26 to the beginning of a curve, concave Southwesterly,
having a radius of 15.00 feet; thence Easterly along
271 said curve through an angle of 26° 00' 36" a distance
of 6.81 feet to a point in the Southeasterly line of
28 the Northwest one -half of said Lot 10, said point being
South 520 46' 30" West, 1.99 feet, from the Easterly
29 corner of the said Northwest one -half of said Lot 10;
thence South 52° 46' 30" West along the Southeasterly
30 line of the Northwest one -half of Lots 10 and 9, a
distance of 58.01 feet to the Point of Beginning;
31
EXCEPTING AND RESERVING unto lessor the right to
32 dedicate and improve for alley purposes the south-
westerly five (5) feet of said property.
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2. Term. This lease-:shall begin on the date hereof
and shall be for a term of ten (l0 years.
3. Consideration. In consideration of this lease,
lessee shall pay to lessor the sum of Fifteen Hundred Dollars
($1500) as rent. Said sum is payable as follows: One hundred fift
dollars ($150) upon execution of this lease and one hundred fifty
dollars ($150) at the beginning of each succeeding year of the term
hereof. Upon default in the payment of any installment of rent
which continues for thirty (30) days, the remainder of said rent
shall immediately become due and payable.
4. Use. Lessee shall use said property only for privat
parking purposes in conjunction with lessee's residence on said Lot
7 and 8 in said Block 137. The use of said property for parking
purposes does not relieve lessee from the obligation of providing
parking for the use now or hereafter established on said Lots 7 and
5. Access to Streets. Lessee shall have access to the
alley adjoining said property on the southwest at a location or
locations approved by the Public Works Director of lessor. Lessee
shall have no access to 38th Street from said property.
6. Taxes. Lessee shall pay all taxes and assessments,
if any, on said property during the term of this lease.
7. Improvements. No improvements shall be constructed
on said property except lessee shall grade said property and pave
the same with asphaltic concrete surface. Lessee may also place
and maintain landscaping on said property. No improvements other
than surfacing shall be placed on the southwesterly five (5) feet
of said property and said five (5) feet shall be kept open and
unobstructed. Lessee shall not park vehicles on said five (5) feet
or permit vehicles to be parked thereon. All improvements shall be
constructed and maintained to the satisfaction of lessor.
8. Care and Maintenance. Lessee shall maintain said
2.
A
1 property in a clean condition and shall remove all papers, cans,
21i bottles, and other debris which may accumulate thereon.
i
3! 9. Compliance with Laws. Lessee shall comply with all
4I laws and ordinances applicable to the use and occupancy of said
5 property during the term hereof.
6I 10. vNonassignability. Lessee shall not assign this
7'j lease or any interest therein without the prior written approval of
8ji lessor. Should lessee sell and convey said Lots 7 and 8, this
9i lease shall thereupon terminate unless lessor consents to the
10� assignment of this lease to the successor of lessee in the owner -
11 ship of said Lots 7 and 8. Such consent shall lie entirely within
12, the discretion of lessor.
131 IN WITNESS WHEREOF, the parties have executed this agree -
144 went as of the day and year first above written.
15
CITY OF NEWPORT BEACH
16
17 By Mayor
18 Attest:
19 19 Y" c — �L -2 Y-.s
20
City C er
LESSOR
21
22 d
VERNON l . bUIIAUFFkiR
23
24
RUTH A, SC PPNER
25
26 LESSEE
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3.
1
TO: Finance Director
FROM: City Clerk
Date August 17, 1964
SUBJECT: Contract C -9293 Vernon E. Schauppner, Lessee,
City -owned property at 38th Street and Lake Avenue.
Contract No. C -929
Authorized by Resolution No. 6015 , adopted on August 10, 1964
Date Mayor and City Clerk executed Contract August 10, 1964
Effective date of Contract August 10, 1964
Contract with Vernon E. Schauppner and Ruth A. Schauppner
Address 3714 Park Lane
Newport Beach, California
Brief description of Contract Lease for city -owned prosy. 38th St. &
Lake Ave. for 10 years for $150 a year, paid yearly.
Amount of Contract $1500
City Clerk
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(12) 00 0
A$SW6=IOX NO. 6015
A RESOLUTION 0 *.'a CITY COIIBCIL OF TBB my
OF NEWPORT BEACH StTIHDRI2ING THE EXECDTION OF
A LEASE
WHMUS, the City of Newport Beach owns certain property
in Block 137, River Section, score particularly hereinafter
and
WROXAS, Varuon E. Schauppner and Ruth A. Sebauppner own
certain property in said Block 137 located across the alley from
said City -owned property and desire to lease said City - owned prop-
arty for private parking purposes in conjunction therewith; and
WHEREAS, there has been presented to the City Council a
lease under which the City leases to Vernon E. Schauppner and Ruth A.
Schauppner the following described real property in the City of
Newport Beach, County of Orange, State of California:
and
A portion of Lots 9 and 10, Block 137, River Section;
as shown on a Map thereof, recorded in Book 48 page
25 of Miscellaneous Maps Records of Orange County,
California, more particularly described as follows:
Beginning at the Southerly corner of the Northwest
one -half of said Lot 9; thence North 37° 13' 30" West
along the Southwesterly line of said Northwest ems -hall
of Lot 90 37.76 feet; thence North 52' 46' 30" last,
5.00 feet; thence North 860 53' 50" last 58.49 feet
to the beginning of a curve, concave somiWaZterl ,
having a radius of 15.00 feet; thence Easterly along
said curve through an angle of 26° 00' 36" a distance
of 6.81 fast to a point in the Southeasterly line of
the Northwest one -half of said Lot 10, said point being
South 52 46' 30" West, 1.99 feet from the Easterly
corner of the said Northwest one -calf of said Lot 10;
thence South 520 46' 30" West along the Southeasterly
line of the Northwest one -balf of Lots 10 and 9, a
distance of 58.01 feet to the Point of Beginning;
EXCEPTING AND RESERVING mtto lessor the right to
dedicate and improve for alley purposes the south-
westerly five ('f) feet of said property;
WHEREAS, the City Council has considered the terms and
conditions of said lease and found the same to be reasonable and
equitable;
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WOW, TSBREFORR, BE IT RESOLVED tbat said lease tie APPIW
and tk* Mayor and City Clerk are hereby autborised and directed to
execute the sane on behalf of the City of Bawpart Beach.
ADOPTED this (jU day of august, 1964.
ATTEST: ++
ty Clark
2,
mayor
August 19, 1964
kIrs. Edith L. Sumner
3711 Lake
Newport Beach, California
Dear Mrs. Sumner:
As perhaps you have heard, the City Council
has entered into a lease with Mr. Schauppner for
the property which we were discussing adjacent to
your home.
The Council has indicated that they did not
wish, under any circumstances, to permit additional
dwellings and, therefore, we did not pursue further
the matter of your purchasing the property since
you indicated to me that you would like to acquire
it for the purpose of resubdividing and adding a
residential unit on the property.
Very truly yours,
ROBERT COOP
1/m City Manager
a:
fi
August 12, 1964
Mr. and Mrs. 'lernon E. Schauppner
3714 Park Lane
Newport Beach, California
Dear Mr. and Mrs. Schauppner:
In accordance with Resolution No. 6015, adopted by the Council
Of the City of Nnwpert Beach on August 10, 19640 a lease has
been executed between the Citr.:of Newport Beach and you, an
executed copy of which is attached hereto. The lease is a
ten year lease for the City -owned property located at 38th
Street and Lake Avenue for a private parking lot.
Very truly yours,
Margery Sehrouder
City Clerk
City of Newport Beach
MS :dg
Encl.
cc: City Attorney
CITY OF NEWPORT BEACH
PLANNING
DEPARTMENT
Date Tuly 22, 1964
NO.
TO: City Manager
FROM: Planning Director
SUBJECT: City Owned Lot at 38th and Lake Streets
The City owned parcel at 38th and Lake Streets is a buildable lot. The
square footage is 1215.03 square feet. If the required setbacks were
maintained, i.e. 5' from the alley and 3' from the side lot lines, the
net buildable area would be 697.38 square feet.
It should be noted that the extreme angle of the parcel and the re-
quirement of a 600 square foot minimum living floor area, will result in
the construction of an unusual dwelling unit.
J. W. DRAWDY
iC. C. erman
Planning Technician
JSdD:CCZ:hh
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Catsup
CABLE: KERNFOPRO
6655 RA N D I NI 5 0 U L VAIt D • LOS ANGELES 22, CALIFORNIA
May 259 1964
Mr. Robert Coop
Newport Beach City Manager
City Ralf
3300 Newport Boulevard
Newport Beach, California
Dear Mr. Coop:
Further in regard to the asssall triangular lot behind our house
which I want to use for parking purposes only.
The City Council suggested that a lease offer be made on this
property.
I will pay the City $150.00 a year in advance on a ten year
lease with option of renewal.
I will clean up the lot, cover it with asphalt, and use it for
parking only.
I will never put any kind of structure on it.
If I ever sell my house the lease to revert to the City.
Very truly yours.,
Vera Schauppner
3714 Park Lane
Newport Beach, Calif.
cc: Peter Covington
I
=: May 259 1964
Mr. Robert Coop
Newport Beach City Mager
City Ran
3300 Newport Boulevard
' Newport Beach, Califtruia
I
Dear Mr. Coops
Further in. regard to the small triangular lot behind our house
which I want to use for parking proposes only.
The City Council suggested that a lease offer be made on this
property.
I will pay the City $150,00 a year in advance on a ten year
lease with option,of renewal.
I will clean up the lot, cover it with asphalt, and use it for
parking .
I
I will never put my kind of structure.on it.
i
If I ever 8011 my hones the lease to revert to the City.
very, truly Tours,
Vern Bob or
3714 Park Lane
Newport Beach, CalU.
cot Peter Covington !�
h
Mr. Robert Coop, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Dear Mr. Coop:
6
3711 Lake Avenue
Newport Beach, California
May 21, 1964
To date I have received no reply from the City of Newport
Beach concerning my notice of intent and offer, dated May 6,
1964, to purchase property at 38th Street and Lake Avenue
immediately adjacent to my property at 3711 Lake Avenue,
Newport Beach.
I feel that this parcel logically belongs with my property
rather than with other property not directly adjoining, and
also that my purchase of said parcel would provide future
protection of my investment in my presently -owned property.
Also, it would appear to be to the advantage of the City and /or
County from the standpoint of a probablg future . higher tax
revenue by sale of the property to me, since I understand that
the triangular parcel could be resubdivided with a portion of
my present property and later improved with at least a single
dwelling unit.
Since I am prepared to go ahead with the purchase, I am en-
closing a copy of the offer, and would appreciate your advising
me as to its acceptance and what action is necessary on my
part to proceed in the matter.
Thank you for your attention in regard to this transaction.
Very truly your ,
(Edith Leone Sumner)
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: CITY -OWNED PROPERTY AT 38th AND LAKE AVENUE
!4071
May 8, 1964
i
During the Council meeting of October 28, 1963, a memorandum from
the City Attorney was presented regarding a triangular piece of property
owned by the City at 38th Street and Lake Avenue, portion of Lot 9 and Lot
10, Block 137, River Section, suggesting the sale or lease of this property.
The report was approved and the City Manager was instructed to negotiate for
the sale or lease of said property.
The area is approximately 1,219 square feet. While this should
not be considered a building site, if it were sold separately it would be
reasonable to anticipate that the purchaser, or subsequent owner, would
utilize the property for the construction of a garage and a residential
unit over the garage. This would constitute an undesirable residential
unit. If the property were sold to the present owner of the southeasterly
50 feet of Lots 9 and 10, the two parcels could be resubdivided which would
result in the creation of two adequate sized lots..
Mrs. Edith Leone Sumner, the property owner in question, has been
contacted and has indicated an interest in purchasing the parcel of City
property (see attached letter). Her offer of $2,000 represents a square
footage cost of $1.64. This is $0.14 more than the $1.50 per sq. ft. mini-
mum set by the Council.
RECOMMENDATION
That the City Council accept the offer of Mrs. Sumner with the
provision that a resubdivision application and map be submitted, indicat-
ing a resubdivision of the properties in such a manner that the realign-
- ment of the proposed common property line will not be closer than four
fee (41) to the existing Sumner dwelling units.
The proposed resubdivision would add approximately 600 sq. ft.
to the City's lot and provide a square footage (approximately 1800 sq. ft.
after the proposed resubdivision) more in conformity with the lots in the
vicinity.
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CABLE: KERNFOPRO
6433 SANDINI BOULEVARD • LOB ANGELES aa. CALIFORNIA
May 8, 1964
Mr. Robert Coop
Newport Beach City Manager
City Hall
3300 Newport Blvd.
Newport Beach, California
Dear Mr. Coops
In talking with Peter Covington he advised that I write you
concerning my sincerety in obtaining the small triangle lot
behind our house for parking purposes only.
I am not sure, but I believe that when the City condemned
this original lot from Mr. Owens to put the street through
that there should never be any building put on this small
section that was left. This was about seven or eight years
ago and you might check into this.
I understand that Mrs. Sumner has offered you $2000.00 for this
lot, which is the same as I told her I was going to offer you
for it. I definatley want this and vill pay more if need be.
Also, I will put it in writing to you that this lot will be
cleaned up, covered with asphalt and be used for private
parking only. Also, that if I should ever sell my house, I
will give the lot back to the City.
Very truly yours,
Vern Schauppner
3714 Park Lane
Newport Beach, Calif.
cot Peter Covington
r
Mr. Robert Coop, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Dear Mr. Coop:
3711 Lake Avenue
Newport Beach, California
May 6, 1964
This is to notify you of my desire and intent to
purchase from the City of Newport Beach the tri-
angular parcel of land at 38th Street and Lake
Avenue, directly adjoining my property at 3711 Lake
Avenue, being portions of Lots 9 and 10 of Block
137, River Section, City of Newport Beach, County
of Orange, State of California.
I hereby offer the sum of $2,000.00 for the above -
described parcel of land.
Your consideration in this matter is appreciated.
Very truly yours,
(Edith Leone Sumner)
3711 Lake Averwo
Newport beach, California
May 6, 1964
Mr. Robert Coop, City Mepager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Dear Mr. Coopt
This is to notify you of my desire and intent to
purchase from the City of Newport Beach the tri-
angular parcel of land at 38th Street and hike
Avenue, directly adjoining my property at 3711 Lake
Avenue, being portions of Lots 9 end 10 of Block
137, River Section City of Newport Beach, County
of Orange, State ok California.
I hereby offer the sum of $2,000.00 for the above -
described parcel of land.
Your consideration in this matter is appreciated.
very truly yours,
(Edith Leone Sumner)
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e area of the grnen parcel is... 1219.73 S.F.
?rea of the red parcel is...2995.1 S•F•
If the green -cross hatched it' x 60' portion
of the red lot were added to the -re-n lot,
(660 S.F.), the green lot would have a
total area of:
for. I ell
TN"Aj- WIJ4�" A' 6000 A 0. ah
4
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1219,73
660.00
1379.73. ..which would
still lack
121'S.F, of
the square footage
requirement
permitting the
second a� (;1,l. �,. /.
it woAd there ore
require a variance
�
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TThe~red lot, without the 11' x 60' portion
would have 2335.1 S. F. and would conform
to the minimum 2000 S.P. require!rent for
two dwel3zng units,
Rote: There is an existing duplex on
the rod lot, '_ minimum side yard setback
of 3' is re uirc It is possible that
the owner of the red lot, desiring a
r= su'- division and two dwelling units on
the grF ,n parcel, cc Id re- orient
the stairway, and thereby pick up 'n
the 121 S. F. for the green parcel, �j
s ,
lebruary 27, 1964
Mrs. Edith L. Sumner
3711 Lake
Newport Beach, California
Dear Mrs. Sumner:
You will recall our discussion concerning the small lot
which the City owns and which is adjacent to your property.
I indicated to you that the City desired to either dispose of
the lot or lease it and you expressed some interest.
Our Planning Department has reviewed the matter with ref-
erence to application to your other two lots. It appears that
if you were to acquire the triangular piece now owned by the
City, it would be possible for you to resubdivide into two
parcels. Parcel designated as "A" on the attached sketch would
be large enough for you to legally put two units on it and
the parcel marked "B" would permit one unit, so that by acquir-
ing the City -owned lot you could increase the present number
of units by one.
I would think that the City could sell the property to
you for somewhere around $2,500.00. The property has approxi-
mately 1,219 square feet. It is definitely not a building site
as it stands by itself.
As I mentioned to you, the own
the alley has expressed an interest
for private parking and, of course,
to you as well. If you do not wish
property we will negotiate with Mr.
the new home across the alley.
sr of the new home across
in leasing the property
this opportunity is open
to consider purchasing the
Schauppner, the owner of
Could I hear from you at your convenience as to whether or
not you have any interest in the acquisition or lease of this
property.
Cordially,
ROBERT COOP
1/m City Manager
• Lots 7 and 8 •
Vernon E. Schauppner
3007 Flower Street
Huntington Park, Calif.
Lots 9 and 10
L
Edith L. Sumner
3711 Lake, N.B.
>3
C�
1/27/64
Max:
0
Following is a copy of the excerpt from the
Council minutes of October 28, 1963, concerning
proposed sale of City -owned property at 38th
Street and Lake Avenue:
"A memorandum dated October 16, 1963 from the
City Attorney regarding a triangular piece of
property owned by the City at 38th Street and
Lake Avenue, portion of Lot 9 and Lot 10,
Block 137, River Section, was presented. The
report was approved and the City Manager was
instructed to try to negotiate for the proposed
sale or lease of said property in accordance
with the City Attorney s ideas and to bring it
back when the City Manager has a workable deal."
Our file also indicates that at the study session
on September 23, 1963, the Council set a price
of $1.50 per square foot on this property, as a
minimum.
Marge
f ,. 0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: The Honorable Mayor and
City Council
From: City Attorney
Subject: City Owned Property at
38th Street and Lake Avenue
0
October 16, 1963
The City Council has indicated an interest in selling a triangular
piece of property owned by the City at 38th Street and Lake
Avenue, which constitutes a portion of Lot 9 and Lot 10 in
Block 137 of River Section. A survey sketch on which the sub-
ject property is outlined is transmitted for your information.
After review of the question of selling the property, it is recom-
mended that the City sell the property only to the present owner
of the Southeasterly 50 feet of Lots 9 and 10. The sale should
be made to this owner only on condition that a resubdivision be
processed in order that said Southeasterly 50 feet and the subject
parcel be made into a single lot. The City should also retain an
easement for alley purposes over the Southwesterly 5 feet of the
subject parcel in order to provide more room in the 10 foot alley
separating Lots 7 and 8 from the subject parcel. In the sale, the
City should also require access rights to 38th Street from the
subject property to be relinquished to the City.
The area is approximately 1,219 square feet. While this should not
be considered a building site, if it were sold separately it would
be reasonable to anticipate the purchaser or a subsequent owner to
seek to utilize the property for construction of a garage and a
residential unit over the garage. This would constitute an undesir-
able residential unit.
As an alternate to the sale of the property, it may be feasible to
either improve it for a parking area or to permit its improvement
for pu..,king by the adjoining owner or the of property across
the alley. /. �, 1 '771
WWC:aw City Attorney
Att.
cc: City Clerk
City Manager
Public Works Director
Planning Director
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
January 16, 1964
TO: PUBLIC WORKS DIRECTOR
FROM: City Manager
Some weeks ago the Mayor, in Council meeting, instructed
me to take a look at a small piece of property which was supposedly
surplus to determine what steps we ought to take to get it back on
the tax rolls. He asked me about this once again, and I had com-
pletely forgotten about it. I am ashamed to say I don't even know
where it is. It seemed to me he said something about 35th Street
and some urgency about doing something about it. Do you know any-
thing about this, or where it might be? I don't like to ask him
again about the details of it.
0 /L01
ROBERT COOP
RETURN ONE COPY WITH REQUESTED INFORMATION OR ACTION
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