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HomeMy WebLinkAboutC-1151 - Agreement regarding disposition of water pipet We have Abandommen, h Warer _* . ..... . t I,-'JCx C.T PrOflery At 1 mil Busard and :Astree t and Ht-cti-2-Or. Bej%-Cc tGd KW t Tj �' e a, au pe his ret bee n ioll to Fre=ve or c to, thAir bIlgatru r-operty Wat be 6s let" -I a=ftOrized tb,,j CC'r"-av--I,Z yor and. cr, , 4 to the &wners tfi4 C— of I i CY a interest in the indenture of May la 192,3- as the water P4 E t City a being f Urals rexcrve,said w. 064 r.L: zhe ex-Ac u to, t Lb add. 4 'JCZ an _4V� 47A Perfo.lzk=d of tze4 �I Cis -A su--ject Parcels of ,.;: '1W t 7-M agreements all� y Cleric A TUItclaim doa& tie a ;C orti r Prop ert.7 n. F Me" &rarced by the iris , pal -tic at S=h- ten , Jald"Pro?e*rty or Wi t relp-ase ;f ss the moaners oz ",eLerml.nicg th4r. authorizing the same hoje. 7X" .a Far t-te 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 i 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 i •• � :nee ° 9/ 4/67 (8) I I 3 4 51 6 7 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. i 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: 1! I 21 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 251 261 27 28 29 30 31 32 L 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 = 29 30 . DONALD B. 31 " 32Ii -AYPES,. 3. II 111 STATE OF CALIFORNIA ) ss 41 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 0 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 4. .j l 2 3 4 5 6 71 8 9 10 11' 12 13 14 15 16 17 M 19 20 21 22 23 24 25 26 27 28 29 30 �1 32 >/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 2. 1 2 3 41 5' 6 7' 8 9i 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 31 321 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' T6 5, P /OW S. B. B.M. /- 1,4alL roN CITY of NEWPo ?T 9"ov O,POTY. PER. D.B. 481127a ,.9TWIV LIN6 FF D.B. 4,6/1276 n! 0 &.4 '•B� �J.� nu ►Ou rCAa 11,4V FA, ,% 9OMES LEGEND Paerlom OF W4TEP EMT. 70 aE oai CMIUEO ,BV iNE CITY OF NEWOoRT 3,,4NNIN6 ,4VE ?jog, 29 /AI/E. 6v":, /' -400' \�DEEBLE I VJ ' / PEI/ -22 -G7 ` 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.