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HomeMy WebLinkAboutC-965 - LeaseS - '"A r. T........ -__ _ _ WL l� e -gj's 4;gi CITY OF NEWPORT BEACH o��+•�+e% CITY ATTORNEY DEP TMENT C %. December 21, 1966 To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Sale of South CoasITYPOoperty to Anthony Pools, Inc. An escrow has been opened for the sale to Anthony Pools, Inc., of the City property formerly under lease to the South Coast Company which is located between Newport Boulevard and the Bay approx - mately 350 feet southerly of 26th Street. It is anticipated that the sale will be completed early in 1967, shortly following approval of the City Charter Amendment adopted by a vote of the people at the special election on November 8, 1966. We have been in touch with Assemblyman Robert Badham who advised us that ratification of the Charter Amendment by the Legislature could be accomplished within a short time after the legislative session opens on January 1, 1967. In order to move ahead with the completion of the sale, the fol- lowing items are being presented for Council action: 1. A resolution of the City Council finding that certain City - owned water front is not suitable for use as 4 public beach or park. This resolution is required by Government Code Section 37351 which provides in substance that the legis- lative body of a city shall not sell or convey any portion of a water front, except to the State for use as a public beach or park, unless by a four - fifths vote of its members the legislative body finds andaetermnes that the water front to be sold or conveyed is not suitable for use as a public beach or park. It will require six affirmative votes of the City Council to adopt this resolution. 2. A resolution authorizing the execution of a grant deed. This resolution will authorize the execution of a grant deed by the Mayor and City Clerk conveying the property to Anthony Pools, Inc. Following its execution, the deed will be placed in escrow and will not be delivered until all of the terms of the escrow have been complied with. THS:mec cc - City Manager Acting City Clerk Public Works Director Finance Director T' V y orney City A torney A' To l- City- Clerk From: City Attorney ' Subject: Sale of South Coast property to Anthony Pools, Inc. . L Attached are the following: 1. A memorandum dated December 21, 1966, to the City Council with reference to the above matter. 2. A resolution which, if adopted by the City Council will (0 ) find that certain City -owned water front is not snftable Is for use as a public beach or park, which relates to the /`7_L/07 property being sold to Anthony Pools, Inc. 3. The original and two copies of a grant deed of the subject property from the City to Anthony Pools, Inc. Af 4. A resolution which, if adopted by the City Council will authorize the execution of said grant deed on behatf of the j City. Following execution of the grant deed, it should be returned to us, together with a certified copy of each of the attached resolutions, for transmittal to the title insurance company holding the escrow. Tully H. Seymour THS:mec City Attorney Atts. cc - City Manager Public Works Director Finance Director LEASE OF CITY -OWNED REAL PROPERTY THIS LEASE AGREEMENT, made and entered into this 10th day of March, 1965, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "city ", and ANTHONY POOLS, INC., a Delaware corporation, hereinafter referred to as "Company "; WHEREAS, the City is the owner of certain real property, hereinafter more particularly described; and WHEREAS, Company desires to buy said City -owned real property and has entered into a contract of this same date to purchase said property from City; and WHEREAS, certain problems have arisen which have pre- vented City from conveying title to said property, to Company; and WHEREAS, the parties anticipate that there will be an indefinite delay in completing the sale of said property in ac- cordance with the terms of the contract of sale between the parties; and WHEREAS, the parties mutually desire to enter into a lease agreement which will permit Company to occupy and use said property on an interim basis until such time as a final determina- tion can be made as to whether the sale of the property to Company can be completed; and WHEREAS, a prior lease of said property between City and South Coast Company, a California corporation, dated June 17, 1955, has been assigned to the Company; and WHEREAS, the City and Company have terminated by mutual agreement the lease dated June 17, 1955; NOW, THEREFORE, the parties agree as follows: 1. PROPERTY LEASED. For and in consideration of the payment of the rents, .. 0 a taxes and other charges and the performance of all terms and con- ditions of this lease by company, City hereby leases to Company that certain real property (hereinafter referred to as "demised premises ") situated in the City of Newport Beach, County of Orange, State of California, more particularly described as follows: 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 northeast- erly 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 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 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 460 50' 30" east along the northeasterly line of said Block 223 and Block 222 of said Section A to the most northerly 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 northeasterly 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, 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. 2. TERM OF LEASE. Said land is leased for a term of six (6) months, com- mencing on the first day of April, 1965. Following the expiration -2- .. 0 a of the aforesaid six -month term, this lease shall continue as a tenancy from month to month which may be terminated by either party upon giving thirty (30) days prior written notice to the other party. If not sooner terminated, this lease shall auto- matically terminate on May 31, 1966. 3. RENTAL. Company agrees to pay to City as rental for the use and occupancy of said lands during the original six (6) month term hereof, the sum of $960.00 payable on or before the 15th day following the effective date of this agreement. Following the expiration of the original six -month term of this lease, Company agrees to pay the sum of $160.00 per month in advance for the balance of the term or until this lease is terminated by either party. 4. TAXES AND OTHER CHARGES. In addition to the rents above provided, Company shall pay when and as the same become due and payable, but not later than ten (10) days prior to the delinquency date thereof, all taxes, general and special assessments and other charges of every description which may be levied or assessed during the term of this lease upon or against all improvements and other property on the demised premises, and Company agrees to protect and hold harmless the City and the demised premises and all interests therein and improvements thereon from any and all such taxes, assessments, and other charges, including any interest, penalties and other expenses which may be thereby imposed, and from any lien therefor or sale or other proceedings to enforce payment thereof. 5. UTILITIES. During the term hereof, Company shall pay all charges for water, sewage, gas, electricity and other utility services supplied to and used on said demised premises. All such charges -3- shall be paid before delinquency, and City and said demised premises shall be protected and held harmless by Company there- from. 6. USE OF LANDS. Company may use the land for any lawful use permitted by the applicable City zoning regulations. 7. COMPLIANCE WITH LAWS. Company shall comply with all building :Laws, ordinances and regulations of the City of Newport Beach, and all laws and regulations of the United States Government and State Government in the conduct of its business on said demised leased lands. S. MAINTENANCE OF LAND AND IMPROVEMENTS. City shall not be obligated to make any repairs, alter- ations, additions or improvements in or to or upon or adjoining the demised premises or any structure or other improvements here- after erected or placed thereon, but Company shall, at all times during the full term of this lease and at its sole cost and expense, keep and maintain all buildings, structures, bulkheads and other improvements erected and placed on said demised premises in good order and repair and said demised premises and the whole thereof in a clean and sanitary condition, and Company shall construct, maintain and repair all fences, walls, sewers, sewer connections, drains, driveways, sidewalks and other improvements which may be required at any time by law to be constructed, maintained and repaired upon or adjoining or in connection with or for the use of said demised premises or any part thereof, and Company shall make any and all additions to or alterations in the buildings and structures erected on said premises which may be required by and shall otherwise observe and comply with any and all public laws, ordinances and regulations applicable to said premises and Company shall indemnify and save harmless the City against all actions, claims and damages by reason of Company's failure to keep and me maintain said demised premises and the buildings and improvements thereon as hereinabove provided, -or by reason of its nonobservance or nonperformance of any law, ordinance and regulation applicable thereto. 9. CONSTRUCTION OF IMPROVEMENTS. Company agrees that it will not construct any new im- provements or alter or demolish any existing improvements on the demised premises without the prior written consent of the City Council. 10. LIENS AND CLAIMS. Company shall not suffer or permit any mechanics', ma- terialmen's, contractors' or subcontractors' liens arising from any work of construction, repair, restoration, or removal as herein provided, or any other claims or demands howsoever the same may arise, to be enforced against the demised premises or any part thereof, but Company shall pay all said liens, claims and demands before any action is brought to enforce the same; and Company agrees to hold City and said demised premises free and harmless from all liability for any and all such liens, claims or demands, together with all costs and expenses in connection therewith, and Company shall, prior to the construction of any improvements on said demised premises, deposit with City a certif- icate or other evidence satisfactory to City that the building contractor has obtained a bond with a surety approved by City guaranteeing the construction of said improvements free and clear of all mechanics' and materialmen's liens, and, whenever City shall require, Company shall furnish to it a bond or other secu- rity approved by City guaranteeing the completion of any such improvements free and clear of all contractors', mechanics' and materialmen's liens. City shall have the right at any time to post and maintain on said demised premises such notices as may be necessary to protect City against liability for all such liens or otherwise. -5- 1 � • 0 11. CITY'S NON - LIABILITY. City shall not be liable for any loss, damage or injury of any kind whatsoever to the person or property of Company or any of Company's employees, guests or invitees or of any other person whomsoever, caused by any use of the demised premises, or by any defect in any building, structure or other improvement erected thereon, or arising from any accident on said demised premises or any fire or other casualty thereon, or occasioned by the failure on the part of Company to maintain said demised premises, or by any act or omission of Company, or of any member of Company's official family, or of Company's employees, guests or invitees, or arising from any other cause whatsoever; and Company, as a material part of the consideration of this lease, hereby waives on its behalf all claims and demands against City for, and hereby agrees to indemnify and save City free and harmless from liability for all claims and demands of third persons for any such loss, damage or injury, together with all costs and expenses arising therefrom and in connection therewith. 12. CITY PAYING CLAIMS. In the event Company shall fail to pay any tax, assess- ment, or other charge upon the leased premises when due and payable as provided herein, or shall fail to pay any lien. or claim for labor or material used or employed in or any claim for damages arising out of the construction, repair, restoration, maintenance and use of said demised premises and the buildings and improve- ments erected and placed thereon, or any other claim, charge or demand which Company has agreed to pay under the covenants of this lease, then City may at its option pay any such tax, assess- ment, lien, claim, charge or demand, or settle or discharge any action therefor, and all costs, expenses, damages and other sums incurred by City in connection therewith shall be repaid to City by Company upon demand, together with interest thereon at the rate MO of seven percent (7 %) per annum from the date of payment until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this lease. 13. TERMINATION. Time is hereby declared to be the essence of this lease. Should Company fail to pay any tax, assessment, insurance premium, lien, claim, charge or demand provided in this lease to be paid by Company at the times and in the manner herein provided, or should Company default in the payment of any installment of rent or any other sum when due as herein provided, or default in the performance of or breach any term or condition of this lease, and should such default or breach (other than any breach of the re- strictions of paragraph 12 hereof for which immediate notice of termination may be given) continue uncured for a period of fifteen (15) days from and after written notice thereof by City to Company, City may at its option terminate this lease by giving Company written notice thereof, and thereupon this lease shall cease and terminate. 14. INSPECTION. City reserves the right, through its authorized agents, at any reasonable time during the term hereof, to enter upon the demised premises, or any part thereof, to inspect the same and all buildings, structures and other improvements erected and placed thereon, and to otherwise protect the rights and interests of City in and to said demised premises. 15. PLACE OF PAYMENTS AND NOTICES. All rents and other sums payable by Company to City hereunder shall be paid to City at the City Hall, 3300 Newport Boulevard, Newport Beach, California. whenever it shall be necessary for either party hereto to give written notice to the other respecting this lease, such notice, if not personally delivered to City or Company, shall be sent by registered mail, with postage prepaid, and directed to either party as follows: -7- • 0 City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California Anthony Pools, Inc. 5871 E. Firestone Boulevard South Gate, California 90280 or at such other address as either party may hereafter designate in writing. The service of any such written notice shall be deemed complete at the time of such personal delivery or within five (5) days after the deposit thereof, so addressed and regis- tered, in any post office within the United States. Should Company consist of more than one person, the personal delivery or mailing of such notice to any one of such persons shall constitute complete service upon all such persons. The provisions of this paragraph shall supersede and prevail over any and all provisions of law relating to the service of notice. 16. REPRESENTATIONS. Company covenants and agrees that it has examined the demised premises and that the same are delivered to it in good order and condition and that no representations as to said premises have been made by City or by any person or agent acting for City, and it is agreed that this document contains the entire agreement between the parties hereto and that there are no verbal agreements, representations, warranties or other understandings affecting the same, and Company, as a material part of the consideration hereof, hereby waives all claims against City for rescission, damages or otherwise by reason of any alleged covenant, agreement or under- standing not contained in this lease. 17. REMEDIES. All rights, options and remedies of City contained in this lease shall be construed and held to be cumulative and not exclusive, and City shall have the right to pursue any one or all of such remedies, or any other remedy which may be provided by law, whether or not stated in this lease. No waiver by City of any W-M f • • breach of any of the covenants or Conditions of this lease by Company shall constitute a waiver of any succeeding or preceding breach of the same or any other covenants or condition herein contained. Should City institute any action for the payment of any sum or sums due and payable from Company to City hereunder, or to recover possession of or to quiet title to the demised premises, or to enforce the performance of any of the covenants and conditions of this lease or the exercise of any of the rights of City hereunder, then Company agrees to pay to City all costs incurred in said action, including a reasonable sum as attorney's fees, whether such action is prosecuted to judgment or not. 18. ASSIGNMENT AND SUBLETTING. Company shall not encumber, assign or otherwise transfer this lease, or any right or interest herein, nor shall Company sublet said demised premises or any part thereof without the written consent and approval of City first had and obtained, and no such encumbrance, assignment or transfer, whether voluntary or involuntary, by operation of law, under legal process, in bank- ruptcy, or otherwise, and no such subletting shall be valid or effective without such prior written consent and approval. Not- withstanding the generality of the foregoing, the Company shall have the right to assign or otherwise transfer this lease to any person who shall become an assignee of the Company's contract of sale covering the demised premises between the City and the Company dated as of the date of this lease, without obtaining the written consent and approval of the City to such an assignment. 19. HOLDING OVER. This lease shall terminate and become null and void without further notice upon the expiration of the term herein specified, and any holding over by Company after the expiration of said term shall not constitute a renewal hereof or give Company any rights hereunder or in or to the demised premises. MM % . IL IN WITNESS WHEREOF, the parties hereto have executed this lease as of the day and year first above written. CITY OF NEWPORT BEACH By—i(-- r/Mayor ATTEST: City Clerk CITY CITY A! .B, ........ V-,/ .... ... *117 ATTEST: COMPANY ANTHONY PIPOLS, INC. 1, — . .; I � ., 11T. im -10- 0 0 CANCELLATION OF LEASE TVHEREAS, the CITY OF NEWPORT BEACH, a municipal cor- poration, hereinafter referred to as "City ", and SOUTH COAST COMPANY, a California corporation, entered into a certain lease agreement dated June 17, 1955 ( "Lease Agreement ") wherein pro- vision is made for the leasing of certain City -owned real property to SOUTH COAST COMPANY-, and rdTIEREAS, SOUTH COAST COMPANY, on October 30, 1964, assigned the Lease Agreement to ANTHONY POOLS, INC., a Delaware corporation; and WHEREAS, the initial term of said Lease Agreement is for a period of ten (10) years, commencing on July 1, 1955 and ending on June 30, 1965; and WHEREAS, the parties mutually desire to terminate said Lease Agreement; NOW, THEREFORE, it is agreed, as follows: 1. The Lease Agreement dated June 17, 1955, between the City, as lessor, and ANTHONY POOLS, INC., as :Lessee, by virtue of the aforesaid assignment by SOUTH COAST COMPANY, is hereby can- celled effective upon the execution of this agreement by both of said parties. Dated: March 10, 1965 CITY OF NEWT BEACH T /s /G� By f ayor ATTEST': i City Clerk Dated: 1965 ANTHQN3�_P�0�S, INC. By= t Pres' dent ATTEST: Secretary t 0 0 CONTRACT TO BUY AND SELL LAND THIS AGREEMENT, made and entered into this 10th day of March, 1965, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "Seller ", and ANTHONY POOLS, INC., a Delaware corporation, hereinafter referred to as "Buyer "; WHEREAS, Buyer is the owner of real property adjoining the property hereinafter described which Buyer proposes to pur- chase under this contract; and WHEREAS, Buyer and Seller previously entered into a contract dated June 22, 1964, to buy and sell the same property hereinafter described in this contract; and WHEREAS, Buyer and Seller wish to rescind said prior contract to buy and sell land and to enter into a new contract due to certain title problems which have arisen subsequent to the execution of said original contract; and WHEREAS, Buyer is willing to purchase said described property from Seller in accordance with the terms hereof; NOW, THEREFORE, the parties agree as follows: 1. The parties mutually agree that the contract dated June 22, 1964, designated "Contract to Sell and Buy Land" exe- cuted by these same parties is hereby rescinded and that the agreement contained herein shall supersede said prior agreement for all purposes. 2. Buyer agrees to buy and Seller agrees to sell the following described real property, subject to the terms and con- ditions of this agreement: 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 0 0 all that portion of Block 222 of said Section A described t as follows: r Beginning at the most northerly corner of said Block 222; running thence south 460 50' 30" east along the northeast- erly 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 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 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 460 50' 30" east along the northeasterly line of said Block 223 and Block 222 of said Section A to the most northerly 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 northeasterly 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, 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. 3. Buyer agrees to pay and Seller agrees to accept the sum of $155,000 as payment for the above described property. Seller acknowledges that it has received the sum of $5,000 as a deposit to be applied against the purchase price. 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, -2- 0 0 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 connection with the said balance, Buyer shall execute a note and deed of trust in favor of Seller to secure the payment of said note. 4. There are two unresolved problems which prevent Seller from conveying title to Parcel 2 to Buyer at the present time. These problems may be described as follows:: (a) The parties have obtained a preliminary title report prepared by Title Insurance and Trust Company showing the condition of the title to Parcels 1 and 2 as of August 25, 1964. Said title report indicates that the Seller has title to Parcel 1 and the title company is walling to insure Buyer's title to Parcel 1 based on a conveyance from Seller. However, said title report indicates that Seller does not have record title to Parcel 2. Seller claims that it has ac- quired title to Parcel 2 by adverse possession. The title company has taken the position that it will consider insuring title to Parcel 2 in Buyer based on a conveyance from Seller provided that Seller furnish the title company with documen- tary proof in support of Seller's claim to title by adverse possession. Seller agrees to furnish such proof to the title company. Buyer agrees that for purposes of this agreement the City's ability to convey title to Parcel 2 will be deter- mined on the basis of the availability of a policy of title insurance in a form acceptable to Buyer, insuring Buyer's title to Parcels 1 and 2. (b) The second problem also concerns Seller's abil- ity to convey title to Parcel 2 to Buyer. Section 1402 of the City Charter of the City of Newport Beach, prohibits the sale of City -owned waterfront property. Section 1402(b) was added to the Charter by an amendment effective January 25, 1961. Said Charter amendment was apparently intended to permit -3- the unrestricted sale of Parcels 1 and 2; however, the Charter amendment described only Parcel 1. Seller intends to file an appropriate legal action for the purpose of ob- taining a judgment from the courts that the City may convey Parcel 2 free and clear of the restriction against sale of waterfront property. Buyer agrees to cooperate with Seller in seeking such judicial determination. Each party will pay its own legal costs in connection with such legal action. 5. In the event that the two title problems described in paragraph 4 are resolved to the satisfaction of Buyer and Seller, an escrow will be promptly opened for completion of the sale with provision for the same to close ninety (90) days there- after. The sufficiency of title to both parcels and Seller's abil- ity to convey shall be determined by the availability of a policy of title insurance, subject only to such exceptions approved in writing by Buyer, guaranteeing title to be vested in Buyer. Seller shall have sixty (60) days to have any exception removed to which Buyer objects. 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. If Buyer elects to pay the one -third down, Buyer shall execute and deposit in escrow the note and deed of` trust as here - inabove provided. In that event, the policy of title 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 unless the time is extended by mutual consent of the parties. If such title policy is not available at the time the 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 deposited with Seller shall be repaid to Buyer. 6. Either party may cancel this agreement upon thirty (30) days' written notice to the other party upon the happening �� 0 6 of either of the following events: 1 (a) If the title company refuses to insure Buyer's title to Parcel 2 based upon a deed from the City after the City has furnished documentary proof to the title company in support of its claim to title to Parcel 2 by adverse posses- sion. (b) If there is a judicial determination that Seller cannot lawfully convey title to Parcel. 2 because of the prohibition contained in Section 1402(b) of the City Charter or if the court refuses to exercise jurisdiction to determine the question. (c) If either or both of the two unresolved prob- lems in paragraph 4 hereof, have not been cured within one year from the date of this agreement. 7. All escrow charges, title fees, including internal revenue stamps, and broker's commission, if any, are to be paid by Buyer. Buyer further agrees to furnish the title company with a survey establishing the line of ordinary high tide in relation to Parcel 2 at no expense to City. B. Seller makes no representations of title to the property or otherwise except as herein specifically provided. 9. It is expressly understood that Buyer has the right to assign this contract without the consent of Seller. CITY OF NEWPORT BEACY, �.N �R:0`` E D I�.J TV i'U ^1',S By- . ARN ayor .CIT'( EY. N; ATTEST: -,City Clerk ,. Seller ANTHONY S, INC. By- President .. ; . ATTEST: -5- ary Buyer 4/121" (U) i z ANSOOLVi`1pw11rTU Cr" COMUOF TRcCMW 3 � M A= M" LAMS t�A�MO W 4 1tI?M �)lgb1.A, IMG. 5! I 6 VW=Uo by R"oOittttiMt Mr, ilRA adaip ad Jame :s It"* rt ter City tatwt" autwMIS" MaaaatttiMt M! a CoMaaraat to fall mad 8 Land ISM Aatbaagr >tralats Ire,* wdW tMi %WM r! tddab COVISAIR 9 Citgaawad tNi pspastp rao to be an►ld to 9014 04no rt MN 10 VWW" s ""aft title puabiaW Taw M ISM SmANOVIVANIS III to the at MUSIM of acid famicamet *% alt wM ptaaraataad for City 3.21 Marls eaw#ayft tdtlr to add pWapattcy to 00 bVIMI aM 13 yet too City MN AattMl y ftnue 2", a dolt" to 14 r4aaltla On ti.tlr p%VbUm Mtd s "mmaaq Ift hales t0 do t U&h 151 it VJU ba aaaNaay fin t1Mta to laid 00 pefimpam mitt attd 16 WAW into a sari tsaatttaaats aartsal the Matatft ISO* aw tiba pt.apM" 17 b&US 0014 dead j"m 176 1lA39 IwMRaatt " City mad gfttb Coot 18 C qpw)s VM*b ttao 1NNa fulMO40001 94060" 1W ARO Mi paalas 19 i IM • s d other late a now taut M6iah Ulu pea mit MW bo j w to 20 and BMW aid palabMM tR as Safi nets bda naatl. Oak time 21' as a llaai da"tddteatiMt Nat bi Main at+ to Mta"W "a 44A ej *a 22 vVermttp am be aaepvirttad; Med 231 VMd11A1ts Own WM beam ammos ad by Ati►OMMY F"Us Lea., 24 Mad preItfd to tba City Came" a Cwt to Bar mad gall Lands 25 COMMllatim of Leaves Mad Lamar at Cily*Ov d Aral 1rs OWItps 26 arttlt for city Cowman ban "WiMd aM too" tat be ft" a" 27 a"Atablrl 28! me =owns As 13 "A9tus fib" Sa" GMatmt to Mq 29 and tril Leads di MMUNUM a! L "a and L"" a# ""toaara" owl 30 INSION97 Mat► 1006) 0690811 t1 Mud tin MlrW atel Cttq Clerk arm Ld 31 MltlrrltXed Mrd dilmstrd to mammon the awns M bataait of as they 32 AAcA tirta iltb taf Aptrtls. • I '�-rte, -; - ��= �- a- ,• - -o� °� 0 , CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 073.2110 April 21, 1965 Mr. Morton R. Field Wallenstein & Field 6505 Wilshire Blvd., Suite 503 Los Angeles, California 90048 Re: Sale of property to Anthony Pools, Inc. Dear Mr. Field: Transmitted are two copies each of the follow- ing documents: 1. Contract to Buy and Sell Land. 2. Cancellation of Lease. 3. Lease of City -owned Real Property. All of these have been executed,on behalf of the City of Newport Beach as authorized by City Council Resolution No. 6130 adopted on April 12, 1965. Very truly yours, Tully 5eymo THS :mec City Attorney Encs. cc - Miss Margery Schrouder, City Clerk �- Mr. R. C. Greer 3416 -A Via Lido Newport Beach, California (Encs.) CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT 0 July 12, 1966 To: City Clerk From: City Attorney Subject: Purchase of property by Anthony Pools, Inc. Transmitted is a certified copy of the Judgment entered in the case of City of Newport Beach v. Newport Bay Dredging Company, et al, Orange County Superior Court case No. 139575. This Judgment was recorded on June 21, 1966, as document No. 13812, in Pook 7967, page 131, Official Records of Orange County, California. It should be retained in your official files pertaining to the subject property. Tully Se r THS ;mec City Attorne Att. .21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 29 30 31 32 13812 RECORDED AT REQUEST OF 11MV NEWPORT REAM IN OFFICIAL RECORDS 57 ORANGE COUNTY, CALIF. MAIL TO ly it. 9:05 AM JUN 21 1966 Talsorom City Attormy J. WYLIE L CAR�YLF, County -Rwordar city9.411 awpwt 3"oho c4uf"nu Tol"""t 673-2110 7 7967 131 W, County, or Tho tb4w* *ntitled alction bAvins *am an vopturly for hftyclft tas _ of JU. N 1 5 1966 putatiff- . 4&y city of xmp"t 3"oho o"*"$" by Tully a. so�j' Its voua"� I if 'Pi- tt* 0*440my of tat oetton ist tho tom V0401"d by !"o 2 * P141"iff "U"d tO b* POt4d iri A 10"i"O" P1004 onpvoowty whicAt to tbo oajoct Of thit "tiOlft 0 060Y o1w," MR: Mffrrrv.TTTI�� 0a JUN 151966 p1tiotiff W, County, or Tho tb4w* *ntitled alction bAvins *am an vopturly for hftyclft tas _ of JU. N 1 5 1966 putatiff- . 4&y city of xmp"t 3"oho o"*"$" by Tully a. so�j' Its voua"� I if 'Pi- tt* 0*440my of tat oetton ist tho tom V0401"d by !"o 2 * P141"iff "U"d tO b* POt4d iri A 10"i"O" P1004 onpvoowty whicAt to tbo oajoct Of thit "tiOlft 0 060Y o1w," MR: Mffrrrv.TTTI�� 0a p1tiotiff Mod ou *fft4avit ema"ift th* mtto" roquitod by Califavou todt of 8 9 10 11 12 13 141' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 7967 ra,f,:r 133 tbo PjAjAtlff THIS I 'ST IV, y iS`' 4 rt14R "i °� �' q ORIGINAL O ATTEST:—_ 19— s'�Vg- P 7 '��t ik"f.f*� brt F)r,y :y=� � -t 7 Y P — •, i6 ab4 for ,,.-�. •kt,ic t art fury, N rr ��. DEPUTY WARREN J. KRGUSON 0 June 20, 1966 Mr. J. Wylie Carlyle Orange County Recorder Hall of Records :212 West Eighth Street Santa Ana, California 92702 Re: City of Newport Beach V, Newport Bay Dredging Company, et al - Dear Sir: Superior Court No. 139575 Attached for recording is a certified copy of the judgment in the subject action which was entered in Judgments Book No. 118 at page 167 on June 16, 1966. This recording is on behalf of the City of New- port Beach, a municipal corporation, so it is assumed there will be no charge for this service. Yours truly, Tully H. Seymour THS:mec City Attorney Enc. cc - Margery Schrouder, City Clerk — TF 3i 1 3 9 10 11 12 13 14 15 16 17 18 19 z0 21 22 23 24 25 26 27 28 29 30 -31 32 em . 6-(7) Tully H. Seymour City Attorney City Ball I Newport B e ac h ' alffo is _. Telephone: 673 -2110 1 JUR 1 51966 Attorney for Plaintiff W. EV i0gN,'County Clerk - IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA.. IN AND FOR THE COUNTY OF ORANGE CITY OF NEWPORT BEACH, a municipal corporation, No. 139575 Plaintiff, JUDGMENT Vs. NEWPORT BAY DREDGING COMPANY, a California corporation; THE STATE OF CALIFORNIA;.et al, Defendants. The above entitled action having come on regularly for hearing this day of Juji 151966 , 19660 the:pleintiff,... City of Newport Beach, appearing by Tully H. Seymour,' its counsel,, the defendant, State of California, having submitted a stipulation duly executed by its counsel, the Attorney General, authorizing this Court to enter judgment in accordance with its terms. and no appearance having been made for any other defendant, on the basis of the oral and documentary evidence submitted the Court hereby fi ds: 1. Plaintiff caused to be recorded with the County Recorder of the County of Orange, State of California, a notice of the pendency. of this action in the form required by law. 2. Plaintiff caused to be posted in a conspicuous place on the real property which is the subject of this action a copy of the summons herein within thirty days of the issuance thereof. 3. On March 17 , 1966, plaintiff filed an affidavit containing the mutters req;.ired by California Code of.' Civil Procedure, Section 750. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31' 321 T- 4.. Plaintiff caused a copy of the summons and complaint to be served upon the defendants herein by personally serving the Chairman of the State Lands Commission and the Attorney General on behalf of the State of California, by personally serving the Secretary of State on behalf of the Newport Bay Dredging Company pursuant to.the order of this Court entered on January 21, 1966, and upon all the unknown defendants as stated in the summons and . complaint by publication pursuant to the order of this Court entered on March 17 , 1966. 5. No appearance, pleading, or any other response with reference to the above entitled action has been made by.any of the defendants herein other than the defendant, State of Cali. fornia, which has filed a stipulation authorizing this judgment to be entered, and the defaults of all defendants other than the State of California have been entered herein. 6. All of the allegations contained in plaintiff's complaint herein are true. IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 1. Plaintiff is the owner in fee simple of the follows described real property: That portion of lot 2 in section 33, Township 6 South, Range 10 West, of the San Bernardino meridian, in the city of Newport Teach, county of Orange, state of California, according to the official plat of said land filed in the District Land Office, August 4. 1890, lying northeasterly of the northeasterly line of blocks 222 and 223 in Section A, Newport Beach, as per map recorded in book 4 page 21 of Miscellaneous Maps, in the office of the county recorder of said county and between the northeasterly prolongations of the northwesterly line of lot 1 in block 223 of said Tract and of the northwesterly line of lot 1 of Tract No. 8140 as per map recorded in book 24 pages 35 and 36 of said Miscellaneous Maps. 2. That none of the defendants herein has any estate, right, title, interest or lien in and ;N raid property. 3. That title of the plaintiff :.. and to said real. property be quieted against any and all of the defendants and that each and all of the defendants be and they e:;reby are forever 2. 1 restrained and enjoined fromAsserting any estate, right, title, 2 interest or lien in and to said real property adverse to that of 3 the plaintiff. 4 4. That the line of ordina ry high :tide tide of the Pacific 5 Ocean in Newport Bay, which marks the boundary line between th6 6 above described property owned in fee simple by the plaintiff and. 7 the.tide and submerged lands abutting said property which were 8 granted in trust to the City of Newport Beach by the defendant; 9 State of California, shall be as follows: 10 Beginning at a point in the northeasterly prolongation of . 11 the southeasterly line of Lot 2, Block 223 of Section "A ";: Newport Beach, as per map thereof recorded in Book 4; 12 Pa a 21 of Miscellaneous Maps, Records of Orange County, California, which point of beginning is 34.45 feet north- 13 easterly of the most easterly corner of said Lot 2 measured along the northeasterlyy prolongation of the 14 southeasterly line of said Lot Z; thence 8 20° 04' 27" E. 48.19 feet to a point, which point is in the north- 15 easterly prolongation of the northwesterly line of Lot 1, Tract 814, as per map thereof recorded in Book 24, Pages 16 35 & 36 of said Miscellaneous Maps and which point is 9,33 feet northeasterly of the most northerly corner of 17 said Lot 1, measured along the northeasterly prolongation. of the northwesterly line of said Lot 1. 18 Dated: JUN 15 1966 1966. 19 20 21 Judge 22 23 24 25 26 27 28 29 30 31 32 30 i e CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTPIM To: City Clerk From: City Attorney 1 66 June 17, 1966 Subject: Sale of City property to Anthony Pools, Inc. Transmitted is a certified copy of the judgment in the case of City of Newport Beach v. Newport Bay Dredging Company, et al, Superior Court No. 139575. This judgment quiets the City's title to the disputed area and establishes the line of ordinary high tide at the existing bulkhead line. It should be retained in the City's official files. A copy of the judgment is also being transmitted to the Public Works Department for their information. THS :mec Enc. cc - Public Works Director iy. It _,Y e . Tull S`9 e r City ttorney I • City Cleric City Attorney City Clerk April 19, 1965 Sale of City property to Anthony Pools, Inc. Transmitted are the following documents, all of which have been executed by the Mayor and City Clerk, and the President and Secretary of Anthony Pools, Inc., execution of which was authorized by Resolution No. 6130: 1. Two copies of Contract to Buy and Sell Land. 2. Two copies of Cancellation of Lease. 3. Two copies of Lease of City -owned Real Property. In accordance with your memorandum of April 12, I understand you will forward executed copies of the three documents to the attorneys for Anthony Pools, Inc. MS:dg Encs. Margery Schrouder City Clerk CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT _I 19 April 8, 1965 To: The Honorable Mayor and Members of the City Council From: City Attorney Subject: Sale of City property to Anthony Pools, Inc. At the meeting on January 11, 1965, the City Council directed the City Attorney to revise the contract of sale between the City and Anthony Pools to reflect the changed circumstances resulting from the title report indicating that the City did not have title to a portion of the property being sold, and in addition to prepare a new interim lease between the City and Anthony Pools which would permit Anthony Pools to continue to occupy and use the property pending the completion of the sale. We have received the documents referred to, together with a cancellation of the existing lease between the City and South Coast Company, all of which have been duly executed by Anthony Pools, and have found them in satisfactory legal form for presentation to the Council. You will recall that at the meeting of January 11 the City Council decided that an effort should be made to clear the title to the small triangular parcel adjacent to the Bay, hereinafter referred to as Parcel 2, which the title company had reported was vested in Newport Bay Dredging Company. In order to clear the title to this parcel it will be necessary to establish to the title company's satisfaction that the City has a valid claim of ownership to Parcel 2 based on adverse possession, and it will also be necessary to obtain a court judgment to the effect that said parcel is exempt from the prohibition on the sale of City -owned waterfront or beach property contained in Section 1402 of the City Charter. Briefly summarized, the new contract recites the fact that these title problems have arisen subsequent to the execution of the original contract of sale and commits both parties to attempt to resolve these problems and consummate the sale. It further pro- vides that either party may cancel the agreement of sale upon thirty days' written notice upon the happening of any of the fol- lowing events: 1. If the title company refuses to insure buyer's title to Parcel 2. To: The Honorable Mayor and Members of the City Council -2- April 8, 1965 2. If there is a judicial determination that the City cannot lawfully convey title to Parcel 2 because of the prohibition contained in Section 1402 of the City Charter, or if the court refuses to exercise jurisdiction to determine the question. If either or both of the two unresolved title problems de- scribed above are not resolved within one year from the date of the agreement. It is further provided that the buyer has an unqualified right to assign its rights under the contract to a third party. The remainder of the contract is substantially the same as the original contract. The new interim lease provides that the City leases all of the prop- erty to Anthony Pools for a term of six months commencing April 1, 1965. After the initial six -month term the lease continues as a tenancy from month to month which may be terminated by either party by giving thirty days' prior written notice to the other party. If not sooner terminated, the lease automatically terminates on May 31, 1966. The rental payable to the City under the lease continues at the same rate paid by South Coast Company under the prior lease. The remainder of the lease provisions are generally the same as those contained in the prior lease. A resolution is being furnished to the City Clerk for the purpose of approval of the documents and authorization for their execution. THS:mec cc - City Manager City Clerk ✓ Public Works Director Finance Director T y y Se`% r 9 City Attorney CCUN%Il: f • CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney April 12, 1965 Subject: Sale of City propperty to Anthony Pools, Inc. (Agenda Item I -18) Transmitted are the following documents, all of which have been executed by Anthony Pools, Inc.: 1. Original and two copies of Contract to Buy and Sell Land. 2. Original and two copies of Cancellation of Lease. 3. Original and two copies of Lease of City -owned Real Property. The attached resolution, if adopted by the City Council, will authorize the execution of said documents on behalf of the City. After the documents have been fully executed, will you kindly furnish us two executed copies thereof for transmittal to the attorneys for Anthony Pools, Inc. THS :mec Encs. cc - City Manager Public Works Director Finance Director r ` / Tull Seymou City torney