HomeMy WebLinkAboutC-1151 - Agreement regarding disposition of water pipet
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FRAN H. AYRES & SON
REALTORS- DEVELOPERS
0000 WEST COAST HIGHWAY
NEWPORT BEACH, CALIFORNIA 92000
042 -3430 545 -3177
January 9, 1968
Mr. Tully Seymour
City Attorney
City of Newport Beach
Newport Beach, California
Dear Tully:
As per our agreement of September 15, 1967, we have
removed the water line. The picture enclosed is an
attempt to show where the line was removed.
I would certainly appreciate it if there is anything
you can do regarding the building,next door to our
property, which is owned by the City of Newport Beach,
it is badly in need of paint- I would think that
even though the property is not within the City of
Newport Beach, that you would want to keep it up.
Sincerely,
Donald B. Ayres, Jr.
DBA:ss
Enclosure
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P
JAN 1t 1538
CITY OF NEWPORT BEACH
CID A T
To: City Clerk
From: City Attorney
January 12, 1968
Subject: Disposition of water pipe under agreement with
Tustin Village, Inc., and Donald B. Ayres, Jr.
Referring to the Agreement Regarding Disposition of Water Pipe
dated September 27, 1967, between the City, Tustin Village, Inc.,
and Donald B Ayres, Jr., authorized by Resolution No. 6651,
i
transmitted s the original of a letter from Donald B. Ayres,
Jr., dated January 9, 1968, advising that the water line which
they were obligated to remove has been removed.
This letter should be retained in your file on the matter.
Tull H. Se ur
THSsmec City Attorney
Att.
cc - City Manager
Public Works Director
january 12, 1968
To: Public Works Director
From: City Attorney
Subjects Disposition of water pipe under ear ement with
Tustin Village, Inc., and Donald 11. Ayres, Jr.
Referring to the Agreement Regarding Disposition of lister
Pipe dated September 27 1967. between the City Tustin
Village Ina., and Donald B. Ayres. Jr., authorised by
Resolution Ro. 6651, transmitted is a capq of a letter from
Donald B. Apras. Jr., dated January 9, 1968, advising that
the voter line which they ware obligated to remove has been
removed. The picture referred to in the letter is also at-
tached.
It is suggested that an investigation be made of the subject
property m Huntington Beach to determine that the work s
been adequately done. in addition, you will note that Mr.
Ayres states in his letter that the City- owned.building ad-
jacant to their property is in need of paint. You may want
to have that chocked, also, and take whatever action you deem
necessary in that connection.
TRS :mec
Atte.
cc • City Manager
City Clerk,✓
Tully a. Seymour
City Attorney
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Y
AGREEMENT REGARDING DISPOSITION
OF WATER PIPE
THIS AGREEMENT is made and entered into this j4 _ day
of �:t �,., _, 19673, by and between the CITY OF NEWPORT BEACH,
hereinafter called "City ", TUSTIN VILLAGE, INC., a California
corporation, and DONALD B. AYRES, JR.
8 I RECITALS
91 A. By an indenture dated May 1, 1923, recorded on July
10 300 1928, in Book 183, page 244, of Official Records of Orange
111 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
13 certain parcel of real property situated in the Rancho Las Bolsas,
14 County of Orange, State of California, and described as follows,
1511 to wit:
16 A strip of land ten (10) feet in width, the center
line of which is described as follows:
17
Beginning at a point in the North line of the South
181 Half of the Northwest Quarter of the Southeast
Quarter of Section Eighteen, Township Six South,
19! Range 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� (2�0) feet East of the West.line of said Southeast
Quarter (SE 1/4); thence South Forty -six degrees
211 Forty -eight minutes East (S. 46° 48' E.) Two Thousand
Eight Hundred Ninety -two and Forty -seven Hundredths
22 (2892.47) feet, more or less, to a point in the South
I line of said Section Eighteen (18) Two Thousand Three
231 Hundred Eight and Twenty -nine Hundredths (2308.29)
1 feet East of the Southwest corner of Southeast Quarter
24 (SE 1/4) thereof.
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25. B. City has constructed and continues to maintain a
26 water pipe across the above described real property pursuant to
271 said indenture of May 1, 1923.
28 C. Oka Brothers, Incorporated, a California corporati
29+ is the owner of a certain parcel of real property which is a part
301 I of the property described in the indenture of May 1, 1923, across
3111 which the City water pipe line passes. The property owned by Oka
32i
Brothers,
Incorporated,
is described
as follows:
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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. Tustin Village, Inc., desires to purchase the above
described property from Oka Brothers, Incorporated, and has re-
quested that the City quitclaim its easement across said property
in order to accomplish the removal of an exception from the pre-
liminary title report which impairs the marketability of said
j property.
E. City is willing to execute a quitclaim deed releas-
ing its easement provided that City is relieved from the obligation
to remove the pipe line from the entire length of the easement at
City's expense upon termination of the easement as provided in the
indenture of May 1, 1923.
F. Tustin Village, Inc., and Donald B. Ayres, Jr., as
an individual, are willing to agree to assume the City's obligation
as set forth in the indenture of May 1, 1923, to remove all pipe
placed pursuant to said indenture across the real property in the
City of Huntington Beach, County of Orange, State of California,
described as follows:
The Southeast quarter of the Southeast quarter of
Section Eighteen, Township Six South, Range Ten
West, S.B.B. & M.
NOW, THEREFORE, the parties mutually agree as follows:
1, City agrees that it will execute a quitclaim deed
conveying and releasing its interest in that portion of the right
of way 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.
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
2i above described quitclaim deed, Tustin Village, Inc., and Donald B.
3�i Ayres, Jr., as an individual, covenant and agree that they will
41 assume the Gity's obligation, as set forth in the indenture of
5j May 1, 1923, to remove all pipe placed pursuant to said indenture
6; across the real property in the City of Huntington Beach, County
7i of Orange, State of California, described as follows:
8 The Southeast quarter of the Southeast quarter of
Section Eighteen, Township Six South, Range Ten
9 West, S.B.B. & M.
10 This obligation may be satisfied by crushing said pipe instead of
11 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
14 assuming the City's obligation under said indenture further agree
15 that they will perform said obligation within one year from the
16 date of execution of this agreement.
171 IN WITNESS WHEREOF, the parties hereto have executed
18 this agreement as of the day and year first above written.
19 CITY OF T BEAC
20 By
li
AP
VED AST ORM: -Mayor
21 1
TUX 22I Z Attest: LY
ty A rney
i y
2311 CFy Glerk
24: CITY
25
TUSTIN VILLAGE, INC.
26
I
27 By
28 =
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DONALD B. 31 "
32Ii -AYPES,.
3.
II
111 STATE OF CALIFORNIA )
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COUNTY OF ORANGE ) _ %I ;f
On , 1967, before me, the undersigned,
a Notary PUD11C zn and for sala county and State, personally
appeared PAUL J. GRUBER and LAURA LAGIOS, known to me to be the
Mayor and the City Clerk, respectively, of the CITY OF NEWPORT
BEACH, a municipal corporation, and known to me to be the persons
who executed the within instrument on behalf of said municipal
corporation, and acknowledged to me that such municipal corporation
executed the same pursuant:pto a resolution of its City Council.
WITNESS my hand and official seal.
" - -_ .
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
�6Da
No ary Public in and for
said County and State
On September 14 , 1967, before me, the undersigned",]
a Notary Publ ci In and for said County and State, personally
appeared Donald B. A res, Jr. and Jewell L. Kirkpatrick
known to me to e t e President an ecre ary
respectively, of TUSTIN VILLAGE, I ., the corporation that
executed the within instrument, and known to me to be the persons
who executed the within instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same
pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
SHIPLEY A. S4VANSQS�
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFHCE IN
ORANGE COUNTY otary Public in and for
said County and State
My Commission Expires November 6,'1;6;
STATE OF CALIFORNIA )
e ss
COUNTY OF ORANGE )
On September 14, , 1967 before me, the undersigned'
,'
a Notary Publ c n an or sa and State, personally
appeared DONALD Be AYRES, JR., known to me to be the person whose nE
subscribed to the within instrument and acknowledged that he
executed the same.
WITNESS my hand and official seal.
SHIRLEY A. 5 \NAI�SON Notary Public in and for
NOTARY PU6UC-CA!.I FORMA y
PRINCIPAL OF: :�:;: IN said County and State
ORANGE COUNTY
My Commission Expires N.vemb.r S. 1968
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>/67 (12) •
P..: o+.ilxz{urn 6651 i
4 UESOLUTION OF 'T96.:t=Y COUNCIL Of TM CITY QF �
HZIT'O&T MACH ING 'M E=M ION OF AN
AG' -,M— XN: RMA3E3lE DISPOSITION OF VAM PIPE
BETWEEN TM CITY, TUSTIN VJU* RMe 11�,C., AND
DONALD B. AYRES$ JR*
WHUMS, by an indenture dated May 1, 1923, recorded on 1
44y 308 1925, in Book 183, page 2440 of official Records of
Orayge County, the City of Newport Beach was granted a right of
rainy and casssgent to construct and maintain a pipe line for the
transmission of water across a certain parcel of real prop
situated in zhe M cho Las Bolsas, County of orange, State of
California, and described as follows, to wit;
A strip of land ten (IC) feet in width, the center
line of which is described as foll+s
Begi�+�ng at a point in the North line of the South
Half of the Northwest Quarter of the Southeast
Quarter of Section Eighteen Township Six.South,
Range Ton West. (S 1/2 off NW 1/4 of SE �1{/p4� of See.
1S Ti ! �S.f A. 10 W.)B S,,P, B. 6 K, q Toe � od
2t�0) feat East of the Nest line of said Sc%tb"st
t arter (91 1/4)3 thence South Forty -six degrees
Forty= eight minutes Best (s. 460 48' $.) Two I4xoussad
Bi t hundred Ninety -taw and Forty -seven Hundredths
lixeeyof7saideSecttion Eighteen (18) point Thousand Three
dund.:ed Eight and Twenty -nine Hundredths (2188.29)
feet East of the Southwest corner of Southeast Quarter
(SE 1/4) thereof,
and the City has constructed sad continues to maintain a water
pipe across said property pursuant to said indenture; and
WiURW, the May 14, 1923, indenture contains a provision
that, in the event the therein contained grant of right of way
shall be terminated for any cause, the City of Newport Beach will,
immediately upon such termination, at its own expense and risk,
remove all pipe placed upon said land and restore said premises as
nearly as possible to the some state and condition they were in
prior to the construction of said pipe line; and
WHEEFA3, Oka Brothers, incorporated,, is the owner of the
following described parcel of real property which is a part of the
f
1 rt
prope}' described in the, -iade:L` .. a of May 1, 1923, across which
2 the City pater pi-4c.
3 L`irat cer=a2n :eal praper:J in the City oz iiuntington
rclx=ty of Orange, Mete of California, described
4 a
5 The South half of the *rthwest quarter of the South -
east quarter of S+egtj" Eighteen, Township Six South.,
6 Yee ^en — ,�.° ils. M.r
7 and Tusti -e `' .:'age, Inc., desires to purchase said p.:nperty and
8 requested * wt the City quitclain R' z true. -w -nt across said
9 pope -ty ;z order that ;-he grope:ty :iay '>e developed; and
10 , tha City Is willing to execute a quitclaim deed
11 releasing z: -a ,asemcat provided that the City is relieved from the
12 obligation to remve 4he pipa line from the antixe length of the
13 easement at CSty'G e�ense upon terms satioai of the casement as
14 provided in the indenture of May 1, 1923; and
15 WOHM S, ayti.n Village, Inc.. and Donald B. Ayres, Jr..
16 have executed and daliverei to the City an Agreement Regarding
17 Disposition of Water Pipe in which they agree to assume the City's
18 obligation, as set fo:. th in the indenture of play 10, 1923, to remove
19 all pipe plated pursuant to said indenture across the real property
20 in the City of duatirjg;.an Asaah, County of Orange. State of Cali -
21 forma. described as % %lows:
22 ile Southeast quarter of tha Southeast quarter of
23 Section Righteoen, Township Six South, Range Ten
West, S.B.B. & X.'
24 NOW9 THiMUME, U IT RESOLWD:
25 1. The above mantioaed Agreement Regarding Disposition
26 of Water Pipe is approved, and the Mayor and City Clerk are hereby
27 authorized to execute the same on behalf of the City.
28 2. The Mayor and City Clark are authorised to execute
29 a quitclaim dosed conveying the City's interest under said indenture
30 of May 1. 1923, to the owners of the following described property
31 in the City of Huntington Beach, County of orange, state of
32 {, Califoruiat
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The Southw.s' ^uarter of the Southeast quartar of
Section Eighteen, Tomahip Six 8*%Wh. Rmw. Ua
at such time as the va -.e_° p'_-a 'ias betM rerroved fzom ,°'nid property
sr upon the City's being furnished with a written release of its
obligation to rem ve said water, pine " provid*A in tba,MY l*
19213 inde it .!f=! stgnc: l 'l7 the owners of said Propertye
ADOP^.M.T) ty±g 25th — My of September 1967.
mayori
ATTEST:
CITY MAE
�i i
October 10, 1967
Tustin Village, Inc.
6000 West Coast Highway
Newport Beach, California
Attention: Donald B. Ayres, Jr.
Gentlemen:
Enclosed.is an executed copy of the agreement be-
tween the City of :Newport Beach Tustin Village, Inc.,
and Donald B. Ayres, Jr., wherein Tustin Village, Inc.,
and Mr. Ayres agreed to remove all water pipe placed
on the property described in the agreement presently
owned by the Deeble Estate.
It should be noted that by the terms of the agreement
the performance of this obligation, either by removal
of the pipe or by crushing the pipe, if crushing is
satisfactory 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.
We understand from Mr. Dunn of Dike and Company that
the original quitclaim deed of the City's water pipe
line easement across the property you purchased from
01ca Brothers will be returned to you following its
being recorded. When you have the information, we
would appreciate being advised of the recording data
on that deed for our files.
Yours truly,
Tully H. Seymour
THS :mec City Attorney
Ene.
cc - Laura Lagios, City Clerk
i
CITY OF NEWPORT BEACH
CITY ATTORNEY
DEPARTMENT
To: City Clerk
From: City Attorney
Subject: Agenda Item I -9
Attached are the following:
E
September 25, 1967
1. The original and two copies of Agreement Reardin Dispo-
sition of Water 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 Water 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.
TITS: mec
Atts.
cc - City .'Tanager
Public Works Director
Tully 11. Seymour
City Attorney
I uis�si��sa
0
:0
CITY OF NEWPORT BEACH
CITY ATTORNEY
DI t NT
Toe The Honorable Mayor and
Members of the City Council
From- City Attorney
September 19, 1967
Subject- Abandonment of water easement which served City -owned
property located near the corner of Bushard Street
and Hamilton Avenue in the City of Huntington Beach
By an easement executed in 1923 the City of Newport Beach was
granted the right to construct and maintain a pipe line for the
transmission of water across certain lands located in Huntington
Beach in order to provide water service to a parcel of land owned
by the City located near the corner of Bushard Street and Hamilton
Avenue. (See attached Exhibit)
On July 11, 1966 the City Council agreed to the abandonment of the
easement at the request of Oka Brothers, Inc., the owner of a por-
tion of the property over which the easement passed. As a condi-
tion of the easement being abandoned the City required that Oka
Brothers, Inc. provide the City with a water connection to the
Huntington Beach system from the Bushard Street side of the property,
This has been done.
By the terms of the City °s 1923 easement, the City was obligated to
remove all water pipe from the lands on which it was located at such
time as the easement was abandoned by the City. n addition to
crossing the land owned by Oka Brothers, Inc., the easement also
crosses property presently owned by Dutch Haven Homes, Inc. and
the Deeble Estate. In order to protect the City from any possible
claims by Dutch Haven Homes, Inc. or the Deeble Estate for removal
of the water pipe, it was required that Oka Brothers, Inca provide
the City with a written guarantee that it would assume the City's
obligation to remove the abandoned water pipe. The two agreements
which appear on your agenda are for the purpose of furnishing the
City with such guarantees. Under one of the agreements Oka Brothers,
Inc. and Takashi Oka, as an individual, are assuming responsibility
for removing the water pipe from the property owned by Dutch Haven
Homes, Inc. Under the other agreement Tustin Village, Inc., a
corporation, and Donald Bo Ayres, as an individual, are assuming
responsibility for removing the water pipe from the property owned
by the Deeble Estate. Ayres is purchasing the property presently
owned by Oka Brothers, Inc. and is willing to enter into the agree-
ment in order to clear the way for a subdivision which will be
developed by Tustin Village, Inc.
To- The Honorable Mayor and 20 September 198 1967
Members of the City Council
This matter has been reviewed with the Public Works Director and
he is in accord with our recommendation that the agreements be
approved.
Tully Sec
City tonne
THS.- aem
cc ® City Manager
Public Works Director
OF'
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CITY OF NEWPORT BEACH DRAWN-AIM DATE -� -6�
PUBLIC WORKS DEPARTMENT APPROVED
H'IA%14K1 (�C .
WA TER EASEMENT A$ST. PURL C WORKS DIRECTOR
%D QE QU17"CL4IA4E[) . R.E. NO. -d
PTN. SEC, i 77G5, eloW S,,ee.Ml DRAWING NO. QIW- 5O%ro-4.