HomeMy WebLinkAboutC-1369(A) - Removal & remodeling structureCITY OF NEWPORT BEACH
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1369
Description of Contract
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
DATE April 28, 1972
for Rsmoml and Remodeling of
Authorized by Resolution No. 7685 ,'adopted on April 24, 1972
Effective date of Contract April 25, 1972
Contract with Lily B. Nissen
Address P. 0. Box 46483
Hollywood, CA 90046
Amount of Contract 814,135.00
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Enclosed is an executed copy of agreement with Lily B.
Nissen in MrInecticn with subject project for txw%mittal
to Miss Nissan.
Jaura Lagios
City Claris
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AGREEMENT
THIS AGREEMENT is made and entered into this t r day of
A P RI t , 1972, by and between the CITY Of NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "City ", and LILY B. NISSEN,
hereinafter referred to as "Owner"
WITNE S'S ETH:
WHEREAS, the undersigned, Lily B. Nissen, an unmarried woman, is
the present owner of certain real property in the City of Newport Beach,
County of Orange, State of California, legally described as follows:
That portion of Lot 8 in Block 145 of Canal Section, in the County
of Orange, State of California, as per map recorded in Book 4,
page 98 of Miscellaneous Maps, in the office of the County Recorder
of said county, together with that portion of Section 29, Township 6
South, Range 10 West, of the San Bernardino Meridian, according to
an official plat of said land filed in the district land office,
August 4, 1890 described as a whole as follows:
Beginning at a point on the easterly line of said Lot 8, North 10039'30"
East 17.43 feet from the southeasterly corner of said lot; thence
North 1003910" East along said easterly line and its northeasterly
prolongation to its intersection with the line of ordinary high tide
of the Pacific Ocean in Newport Bay, as described in the decree
recorded September 19, 1928 in Book 201, page 253, of Official Records,
in the office of the County Recorder of said county, and designated
therein "south line "; thence North 74015'21" West 40.15 feet along
said south line to the True Point of Beginning; thence North 74015'21"
West 40.15 feet along said south line; thence South 10039130" West
94.78 feet parallel with the easterly line of said Lot 8, to the
southwesterly line of the land conveyed to Jacton Corporation by
deed recorded October 25 1956, in Book 3689, page 556, Official
Records; thence South 37613'30" East 53.91 feet along said northeasterly
line, to a line parallel with said easterly line of loot 8 that passes
through the True Point of Beginning; thence North 10 39'30" East
127.37 feet to the True Point of Beginning.
Except from the southerly 25.00 feet of said land, said southerly
25.00 feet being measured at right angles to the northeasterly line
of Balboa Boulevard, all oil, gas, and other hydrocarbon substances
and minerals of whatsoever nature in, on or under that may be produced
from said real property, but not reserving unto the grantor the
right of surface entry, as reserved in the deed from the City of
Newport Beach to Jacton Corporation, dated October 8, 1956 and recorded
October 25, 1956 in Book 3689, page 556, Official Records, in the
office of the County Recorder of said county.
Said property is more commonly known as 4508 W. Balboa Boulevard,
City of Newport Beach, California.
WHEREAS, City proposes to widen and improve Balboa Boulevard and
will require the acquisition of the 1347.35 square foot parcel of land
shown as Parcel 5 on the attached right of way map marked Exhibit "A"
and by reference made a part hereof, which portion of Owner's property is
adjacent to Balboa Boulevard;
NOW, THEREFORE, in consideration of their mutual premises, City
and Owner agree as follows:
1. Owner shall remove existing building and plants to a point
three (3) feet from the new property line to be established by the acquisition
of said Parcel 5, except that portion of the building which is two stories
may remain within one foot of the new property line.
2. Owner shall prepare the necessary plans, obtain the required
building permits, and pay all fees in connection therewith;
3. Owner shall complete above work within 150 days.,after execution
of this agreement;
4. Eleven Thousand Six Hundred Thirty -Five Dollars
$11,635.00 is the amount agreed upon for the removal of the building
and plants to within three (3) feet of the new property line and for the
remodeling of the remaining structure.
5. City shall retain Ten per cent (10 %) of the above agreed
settlement for removal and remodeling, or $11163.50 until the building
is removed from the aforementioned Parcel 5.
6. It is mutually agreed that if the above described work is not
completed within the allotted time, City will remove that portion of the
improvements remaining within three feet of the new property line and bill
Owner for the cost of such removal. The amount due City as reimbursement
will become a lien on the property if not paid within 30 days of billing.
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7. In addition to the settlement described in Section 4,
Two Thousand Five Hundred Dollars x$22500:001 ,
is the amount agreed upon for rent loss during the time required for remodeling
8. In consideration of the performance of the above described
removal and remodeling construction, the City agrees to pay to Owner the total,
sum of Fourteen Thousand One Hundred Thirty Five Dollars (".14,135.00) ,
as itemized above, as full compensation and in no event shall said amount paid
be greater. However, this agreement does not cover amounts to be paid Owners
for property to be taken and for severance damages resulting from this taking.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date first above written.
APPROVED, AS TO FORM:
City `Atto-rhey" " v
CITY OF NEWPORT BEACH
By: � .. .
Mayor
ATTEST:
LILY B. A ISSEN
CITY
OWNER
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wt3rSaRBU. tbore has been Peastented to the City council
of the City of Sawpo]tt Beach a certain contract between the
City of xs port, f'eaah and Lily 2. Nissen in eaanoea,tion with
the removal of building and plants frog. the portion of brut
property 'sing acquired lr the City as part of the Balboa
Boulevard wi3ening Pro jeci r and
. the City Council has considered the term
and Coaditims of said agreement and found them to be lair and
puitablei
=We TXXRMWZ, BE IT RWO14VSD by the City fancil of
the City of Newport Beach that said agreement for the building
aA8 plant rOmWal above described is approved. and the Mayor and
City Clark are Hereby authorized and directed to wwo is the same
on behalf of the City of Vewport Beach.
APOPM this 24th clay of l MLJ . 1972 .
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