HomeMy WebLinkAboutC-1150 - Agreement regarding disposition of water pipe! J
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CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT—
To: City Clerk
From: City Attorney
October 10, 1967
Subject: Abandonment of water easement for City property at
Bushard Street and Hamilton Avenue in Huntington Beach
We have transmitted to the other parties thereto the executed
copies of the agreements authorized by Resolutions Nos. 6650 and
6651, respectively, relating to the subject easement. In addition,
it has been called to their attention that the performance of their
obligation to remove or crush the pipe in the subject parcels of
property must be completed prior to September 27, 1968.
The resolutions authorizing execution of the two agreements also
authorized the Mayor and City Clerk to execute quitclaim deeds
conveyin� to the owners of the remaining two parcels of property
the City s interest in the portion of the easement granted by the
indenture of May 1, 1923, which crosses those parcels, at such
time as the water pipe has been removed from said property or
upon the City's being furnished with a written release of its
obligation to remove said water pipe signed by the owners of
said property.
Any request for execution by the City of a quitclaim deed as to
the properties presently owned by Dutch Hdven'_%mes_ Inc . or the
Deeble Estate should be referred to this office for the � ` purpose of
determining Ghat all requirements of paragraph 2 of the resolu-
tions authorizing the same haw been complied with.
THS:mec
cc - City Manager
Public Works Director
T ✓ully Se
City ttorne
Ir
TITS :hec';
s9/0167
11
OF WATER IPE
_ THIS AGREEMENT is —ade and entered into this•t� day
of �::,, ti c , 1967, by and between the CITY OF NEWPORT BEACH,
hereinafter called "City ", OKA BROTHERS, INCORPORATED, a California
2:.
3
41
5:�
AGREEMENT REGARDING DISPOSITION
6I corporation, and TAKASHI OKA.
71i
I
8' RECITALS:
i1
9.. A. By an indenture dated May 1, 1923, recorded on July
10, 30, 1928, in Book 183, page 244, of Official Records of Orange
ll County, City was granted a right of way and easement to construct
12;' and maintain a pipe line for the transmission of water across a
131 certain parcel of real property situated in the Rancho Las Bolsas,
14'' County of Orange, State of California, and described as follows,
15; to wit:
161,
A strip of land ten (10) feet in width, the center
1:
line of which is described as follows:
171.
Beginning at a point in the North line of the South
18
Half of the Northwest Quarter of the Southeast
Quarter of Section Eighteen, Township Six South,
191'
P.ange Ten West, (S 1/2 of NW 1/4 of SE 1/4 of Sec.
18, T. 6 S., R. 10 W.), S. B. B. & M., Two hundred
20
(200) feet East of the West line of said Southeast
Quarter (SE 1/4); thence South Forty -six degrees
21;
Forty -eight minutes East (S. 46° 48' E.) Tr o Thousand
Eight Hundred Ninety -two and Forty -seven Hundredths
22!
(2892.47) feet, more or less, to a point in the South
line of said Section Eighteen (18) Two Thousand Three
231:
Hundred Eight and Twenty -nine Hundredths (2308.29)
feet East of the Southwest corner of Southeast Quarter
24'1
(SE 1/4) thereof.
251
B. City has constructed and continues to maintain a
261. water pipe across the above described real property pursuant to
i
271 said indenture of May 1, 1923.
is
28! C. Oka Brothers, Incorporated, a California corporation,
2911 is the owner of a certain parcel of real property which is a part
30 of the property described in the indenture of May 1, 1923, across
31! which the City water pipe line passes. The property owned by Oka
32' Brothers, Incorporated, is described as follows:
1
2.
3 1.
4'.
0
All that certain real property in the City of Huntington
Beach, County of Orange, State of California, described
as:
The South half of the Northwest quarter of the South-
east quarter of Section Eighteen, Township Six South,
Range Ten West, S.B.B. & M.
D. Oka Brothers, Incorporated, desires to sell the
6k above described property and has requested that the City quitclaim
71: its easement across said property in order to accomplish the
8! removal of an exception from the preliminary title report which
91, the marketability of said property.
10; E. City is willing to execute a quitclaim deed releas-
111 ing its easement provided that City is relieved from the obligation
12,to remove the pipe line from the entire length of the easement at
13! City's expense upon termination of the easement as provided in the
14 :indenture of May 1, 1923.
15 F. Oka Brothers, Incorporated, and Takashi Oka, as an
is
16i: individual, are willing to agree to assume the City's obligation,
17•;!as set forth in the indenture of May 1, 1923, to remove all pipe
1811'placed pursuant to said indenture across the real property in the
19 City of Huntington Beach, County of Orange, State of California,
20 described as follows:
21; The North half of the Southwest quarter of the South -
! east quarter of Section 18, Township 6 South, Range
221i 10 West, S.B.B. & M.
23
24 NOW, THEREFORE, the parties mutually agree as follows:
25 1. City agrees that it will execute a quitclaim deed
26,; conveying and releasing its interest in that portion of the right
27
28
29
30
31
321
of wav and easement described in paragraph A above which crosses
the following described real property:
All that certain real property in the City of Huntington
Beach, County of Orange, State of California, described
as:
The South half of the Northwest quarter of the South-
east quarter of Section Eighteen, Township Six South,
Range Ten West, S.B.B. & M.
2.
1 2. In consideration of City's action in executing the
2: above described quitclaim deed, Oka Brothers, Incorporated, and
3!. Takashi Oka, as an individual, covenant and agree that they will
4. the City's obligation, as set forth in the indenture of
5' May 1, 1923, to remove all pipe placed pursuant to said indenture
6 across the real property in the City of Huntinton Beach, County
Iii of Orange, State of California, described as follows:
8i The North half of the Southwest quarter of the South-
east quarter of Section 18, Township 6 South, Range
9 10 West, S.B.B. & M.
i
101! This obligation may be satisfied by crushing said pipe instead of
ill: removing it, provided that such alternate method is satisfactory
12" to the owner of the property on which the pipe is located and to
13 the City of Huntington Beach. The above stated parties which are
141!l assuming the City's obligation under said indenture further agree
15 that they will perform said obligation within one year from the
I'
161 date of execution of this agreement.
171. IN WITNESS WHEREOF, the parties hereto have executed
1811: this agreement as of the day and year first above written.
19 C ITY OE PdE[TPe B AC
t.,=
201' APIT TO F :M: Sy _
7
Mayor
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21
T14JAY H. Attest:
22; C ity Atto y
23 .;
ultyUlerk
24
25i
261.
271,
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30'•
31
321.
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CITY
OKA BROTHERS, INCORPORATED
By
3.
.-1 -N��. ( ' L
TAKASHI UK—A
c. v
i
lj STATE OF CALIFORNIA )
I
2i COUNTY OF ORANGE
.kX� ) ^
31: a Notary Public �rand- or sala'County and State, personallyy ned,
4' appeared PAUL J. GRUBER and LAURA LAGIOS, known to me to be the .
and the City Clerk, respectively, of the CITY OF NEWPORT
5; BEACH, a municipal corporation, and known to me to be the persons
who executed the within instrument on behalf of said municipal
6: corporation, and acknowledged to me that such municipal corporation
.'executed the same pursuant to a resolution of its City Council.
7 i
Z?ITNESS my hand and official seal.
91.
id Notary Public in and for
ii said County and State
12:; STATE OF CALIFORNIA )
ss
13'. COUNTY OF ORANGE )
1411 1967, before me, the undersigned,
a Notary Public in and for sai County and State, personally
15! appeared d �', and ,
known to me to be the an
r
16!,, respectively, of OKA BROTH RS, INCOR TED, the corporation tat
'executed the within instr ent, and known to me to be the persons
17iIwho executed the within instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same
18' pursuant to its by -laws or a resolution cE its board of directors.
19; WITNESS my hand and official seal.
c
20 •� R. HILDEBRAidD —
21i m NOTARY PUBLIC, CALIFORNIA : - --�p�-
i_ PRINCIPAL OFFICE IN �-
ORANGE COUNTY I Notary Public
22: -- - — -- - -- said County and State
MY COMMISSION EXPIRES SEPTEMBER 8, 1969
23';!
24! STATE OF CALIFORNIA. )
ss
25; COUNTY OF ORANGE )
26,'. On Q,c�� \ , 1967, before me, the undersigned,
a Notary Public in and to r sai County and State, personally
271 appeared TAKASHI 1OKA, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that he
281: executed the same.
I'
291 WITNESS my hand and official seal.
i; R. HILDEBRAND
31 NOTARY PUBLIC, CALIFORNIA �I M-LUMAMD-
?� PRINCIPAL OFFICE IN Notary Public 1R55& CTNf8?EA`-
32 ORANGE COUNTY said County and State VL
i
My COMMISSION EXPIRES SEPTEMBER 8, 1969
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Y-T 4.
T4 Wirth half of the $outhwPst quarter of the south -
east Of sw4jam 18, Township 6 South,
1G1 fleet, $.�l.h. Ez'1�
h tfinee V.S.- dw water pipe has hem reuoved from saii� )roperty
o that City's being fumishad with a writlea release of its
obligat a to remve said water pipit ga provided in the May ig,
1923y immif - ure signed by the,owni s of said property...;
AMP= this �5� day of SepteTfber • 196 .
s
YOt
AMST:
y Clerk
3.
Oka Brothers, Incorporated
19172 Beach Boulevard
Huntington. Beacl,, California
Gentlemen:
0
October 9, 1967
_ f
Enclosed is a copy, executed on behalf of the City of
Newport Beach, of the agreement between the City, Oka
Brothers, Incorporated, and Takashi Oka,wherein Oka
Brothers and Takashi Oka agreed to remove all water
pipe placed on the property described in the agreement
presently owned by Dutch Haven Homes, Inc. it should
be noted that by the terms of the agreement the per -
foznance of this obligation either by removal of the
pipe or by crushing the pipe, if crushing is satisfac-
tory to the owners of the property and the City of
Huntington Beach, must be completed within one year
from the date of execution of the agreement, e.g.,
prior to September 27, 1968. It is requested that
you notify this office in writing at such time as
you have completed performance of the aforesaid obli-
gation.
Also transmitted is a duplicate original of the agree-
ment dated September 14, 1967, between the City and
Oka Brothers, Incorporated, by which aka Brothers
agreed to assume the responsibility for the removal
of the water pipe from the property owned by it.
THS:mec
Encs.
Yours truly,
Tully H. Seymour
City Attorney
cc - Laura Lagios, City Clerk/
City Clerk
City Attorney Tully Seymour
City Clerk Laura Lagios
0
October 2. 1967
Attached are two executed copies each of agreements regarding disposition
of water pipes with Oka Brothers and Takashi Oka and with Tustin Village.
Inc. and Donald B. Ayres. Jr. for transmittal to the parties involved.
Laura Lagios
LL:dg
Att.
cc: Public Works Director
To
From
Subject
• 0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
City Clerk
City Attorney
Agenda Item I -9
September 25, 1957
Attached are the following:
1. The original and two copies of Agreement Regarding Dispo-
sition of [later Pipe between the City, Oka Brothers, ♦-
Incorporated, and Takashi Oka.
2. A resolution authorizing the execution of the above agree-
ment on behalf of the City.
3. The original and two copies of Agreement Regarding Dispo-
sition of [dater Pipe between the City, Tustin Village, Inc.,
and Donald B. Ayres, Jr.
4. A resolution authorizing the execution of the above agree-
ment on behalf of the City.
The subject agreements have been executed by the other parties
and approved by me as to form.
Following adoption of the resolutions, it is requested that one
copy of each agreement executed on behalf of the City be returned
to us for transmittal to the other parties.
THS:mec
Atts.
cc - City Manager
Public Works Director
Tully H. Seymour
City Attorney CO C�- L"
�1' _2347
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