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HomeMy WebLinkAboutC-1375 - Ingress & egress agreement for resubdivision No. 2850 0 CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -L] 10 DATE July 27, 1971 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1375 Description of Contract Ingress and Egress Agreement with Kathryn/ Charles Wheeler to roanectton w Authorized by Resolution No. 7465 , adopted on June 28, 1971 Effective date of Contract: June 4, 1971 Contract with Kathryn /Charles PTzeeier Address Amount of Contract None �eev i City Cle < of to CITY OF NEWPORT BEACH CITY CLERK TO: PUBLIC WORKS U PARTMENT FROM: C",.CiY CLERK Date July 27, 1971 SUBJECT: INGMS AND E TSS ArAU1n,_7r TN= KATE"'' "ID CHARLES VTELER A- reement Attached is copy of with the following recording information: Book No. 9711 Page No., 654 Date recorded July 8, 1971 Laura Lagics City Clerk LL:swk enc. • 0 July 6, 1971 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is an agreement between the City of Newport Beach and Kathryn Lillard Wheeler and Charles Stetson Wheeler III for ingress and egress over property described in Exhibit "A': After the & reement has been recorded please return to my office. The Agreement was authorized by Resolution No. 7465 adopted by the City Council on June 28, 1971. !,aura Lagios City Clerk LL:swk enc. ft City Clerk Public Works Director City Clerk ft July 2. 1971 In ras:: n -.-O �'—t� F;s Agreement re Resubdivision No. 285 Enclosed are two copies of an agreement between the City and Kathryn and Cha *lee Stetson Wheeler III for ingress and egress access to Resub- divisic;± No. 285 for transmittal to the a pprcpriat.e pa7Ce.3. We ar= having the agreement recorded with the County Recorder and will give you the recording, information as soon as we receive it. LAURA LAGIOS, City Clerk By: LL:dg Encl. GKC/jms 6-7-71 A G R E E M E N T ca 9711 FACE 664 THIS AGREEMENT made as of the 4th day of June, 1971, by and between KATHRYN LILLARD WHEELER and CHARLES STETSON WHEELER III, as Trustees under that certain Declaration of Trust established by Kathryn Lillard Wheeler as Trustor under date of June 11, 1964, herein- after "T"rustees," and the CITY OF NEWPORT BEACH, herein- after "City," TIT'' -r MMT 0 Trustees are the owners of that certain real property located in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" hereto and for r•�rxGTen.j_ence delineated on Exhibit "B" hereto, both of which exhibits are incorporated herein and by this reference made a part hereof. Trustees are also owners of Parcel No. 1 and Parcel No. 2 as set forth on that proposed parcel map which is attached hereto marked Exhibit °°C°° and by this reference made a part hereof. An easement for ingress and egress over the property described in Exhibit "A" is necessary in order to assure access from a public street to Parcel No. 1 and Parcel No. 2, and Trustees are willing to grant and/or reserve such an easement upon the conveyance of either or both of Parcel No. 1 and.Parcel No. 2. City is willing to approve and cause the proposed parcel map, Exhibit "C" hereto, to be executed and recorded upon the undertaking i t �•F' - y,r E'.)3 , Bay, 97 11 pa1655 of Trustees to so grant and/or reserve an easement, W I T N E S S E T H: 1. Trustees agree that there shall be reserved for the benefit of Parcel No. 1 and Parcel No. 2 as set forth on Exhibit "C" hereto an easement for ingress and egress over that land described in Exhibit "A" hereto and for convenience delineated on Exhibit "B". 2. Trustees agree that if they should at any future time convey or lease either or both of Parcel No. 1 and Parcel No. 2, said conveyance or lease shall grant an easement over the land described in Exhibit "A" and reserving such easement as may be appropriate. 3. This Agreement shall inure to the benefit and shall be binding upon the successors in interest of Trustees as to the land described in Exhibit "A" and Parcel Nos. 1 and 2 as set forth in Exhibit "C". IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the day and year first above written. Approved as to Form: Dated: 1971 City At lorney By KAT RY LILLA WHEELER CHARLES STETSON WHEELER III won -2- State of California 9T I I Pat 656 ) ss County of Orange On �) :1 , , 1971 before me, the undersigned, a Notar,(')Public in and for said State, personally appeared Kathryn Lillard Wheeler -�nd Charles Stetson Wheeler III, Trustees, known to me to be the persons acting as trustees and known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. BEM 1, BEYER NOTARY PUBLIC -CALIFORNIA PRINCIPAL O(,F�CE IN ORANGE C#'XMI 4 OMCkAl. SIPA MY Commiuk'n EXP4es April 20, 1975 Notary Public in an " r said State v -3- 97 11 657 RAUB, 3EIN, FROST & ASSOCIATES 136 Rochester Street Costa Mesa, California October 2, 1970 Job No. 11651 Page l of l D E S C R I P T I O N Exhibit "A" Ingress and Egress Easement To Wheeler Parcel 2 An easement for ingress and egress over that portion of Lots 183 and 185 of Tract No. 2813, as shown on a map, recorded in Book 94, Pages 45 through 47, inclusive, of Miscellaneous Maps, records of Orange County, California, described as follows: BEGINNING at the most southerly corner of Lot 47 of said Tract No. 2813; thence along the northerly line of said Lot 185, North 80019'2811 West, 161.96 feet; thence along said northerly line and the northerly line of said Lot 183 South 8304o'32" West, 224.98 feet; thence leaving said northerly line South 6019'28" East, 25.00 feet to a line parallel with and distant southerly 25.00 feet, measured at right angles, from the northerly line of said Lot 183; thence along said parallel line North 8304o'32" East, 80.00 feet; thence leaving said parallel line South 75017'20" East, 13.93 feet to a line parallel with and distant southerly 30.00 feet, measured at right angles, from the northerly line of said Lot 183; thence along last -above-mentioned parallel line North 8300'32" East, 127.76 feet to a line parallel with and distant southerly 30.00 feet, measured at right angles, from that portion of said northerly line of Lot 185 herein -above described as having a bearing of North 80019'28" West; thence along last -above- mentioned parallel line South 80°19'28" East, 209.71 feet to a point in the north- westerly Line of Avocado Avenue, 50.00 feet wide, as shown on said map, said point being also in the northeasterly line of said Lot 185; thence along said northeasterly line North 50°1911+3" West, 60.00 feet to the Point of Beginning. CONTAINING: 0.272 Acres, more or less, gross. SUBJECT TO: All Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. William J. Frost Viand Surveyor N �ai658 Z C 0 n \ f '7- \ p0� C /�.rn °1943 25 N5o \ , \ N , 0 ' Awl 30 ` rye � e 111812r �� ��► 5 'ETCIl TO 4ee01f1041t/Y lE6AZ ti a 0ESC1e1P71tlA1 OFA P0.Pi/0A1 Of LOTS /B3 ,4/iI9 /85 OF 7.e,4e7' S 7S l7 20 E h ?,s • 13.93' ` ,QECO'eDS ®/= O�€'Ait/GE CQU.VTY, co mss,RAUM M rE IJ FP.S 7 AND ASSOCIATES 4 g"" CIVIL 5 STRUCTURAL ENGINEERS LAPID SURVEYORS 8 PLANNERS S /. 'eq NE I 136 ROCHESTER S TgF F T {I Tl x COSTA MESA. CAL PO 1 TEL: (7181546-7723 .raasz.�v.wcc+r�awrs- DATE SCALE FIELD SOCK JOB N° aCTCI�'E� 5, 1970= 40 R� SHEET ---L- 1 SHEET SCALE: 1" = 40' PARCEL MAP RE -SUB. N2 40 SURVEYOR'S CERTIFICATE TL.IIS MAP WAS PREPARED BY ME OR. UNDER MY DIRECTION AMC) 15 P A5ED UPON A' FIELD 15U9-VEY Im COUFORM- ANCE WITH THE SZSQU1REME14T6 OF TUE 1,U6DIV15IOU MAP ACT AT THE IZE- QUEST OF KATI41ZYN LILLAR.D WUEELER. AND CWAIZLES STETSON WHEEL-E-Z]IL IN JULY 1970. 1 WEREBY ceeTIFY TLIA7 TH I'5 MAP CONFORMS TO T`WE APPROV- ED TENTATIVE MAP AND THE CONDI - TIONS OF APPROVAL TLIER.EOF:TUAT ALL PROVISIONS OF APPLIC.&MLS iiTATE LAW AND LOCAL ORDINANCES NAVE gE6AJ COMPLIED WITH. WILLIAM .' FROST ' L.S. 3109 ' CITY ENGINEERS CERMICATE TWIS MAP HAS BEEN EXAMINED -UIS DAY OF 1970 PO2. CONF02MANCE WITH TUE REQUIRE- MENTS OF SECTIO)J IIST5 OF TWE SUBDIVISION MAP ACT. 9711 p4a 659 CITY OF NEWPORT BEACH ORANGE COUNTY CALIFORNIA ti Bema4 LoT lea OF TRACT N= 281', A5 SWOW1.1 ON 6 A MAP THEREOF , 1ZECO1ZD6D IN BOOK 94, R-6ES FR 15/4" I.P. �Qf• 451UR0009 47, INCLU5IVE.MI9CELLNNEOUS MAPS, / NO TAC, a/ R.FLOIZDS OF Ot2AMCE COUNTY , A.LIFOV-M1A. NO REF. C.ti N Tv N tiN e ee �� TERR--�wp �e ee � 1 r CITY ENG INEE2-CITY OF NEWPOPf BEACH COUNTY SURVEMRS CERTIFICATE EXAMINED AND APPROVED DATED TW IS_DA`e OF 1970. A - 5. KOCH BY: COUNTY SURVEYOR DEPUTY BASS OF BEARINGS THE 5EARIN41S, SHOWN ON TLIIS MAP ARE BASED ON TWE MOST EASTERLY LINE OF LOT 163 15EIN4 N21.18'30"E A5 SWOWN ON A MAP OF -MACT /- 2813 , BOOK 94, P64ES 45 TUROU414 4-/, INCLUSIVE, MISCELLANEOUZ MAPS, IZEGORD5 OF 02AN4E 4OUNTY,4&LIF09MtA. FLT TAG "L5AW-8 IU COWC. WALK IN LIEU OF PER. TR. 2813 a v�� N® 30• � G V i I I I LION m J 440 N rg z N 1. 2Ib w e Is.98• .` AA'. F � � d "J N ,S - .t z PARCEL No I O. SSt ACRES [GROSS) NL•19'2B`W 25.00' i l 4 �o°� ,� u12•a 2N�4p N /may A( ,/ �S ��( 2a m- 1 SIA 2 /� Poi LJ Ft�j R PARCEL N' ,F /� � �� • a 0°,099 ACRES CGROSS) �lo<\ UELD CeCORD WAft 6S O.K' \ 40137AUCES PM-M.Wl9 N4•l9'18'N Tb KTABUSN TW6SE UUE$ 0.91 '� 'L o o, 6 ,yt Nil•25'48`W Cffr A° 36• IS" tz..i-czar 1BDl FD. SPIKE Fr t T1W PERTs 2815 \ o � Rp.iu S�'55 �i 1111°25'48°1Y N J V / N 'LO,'/N17°i5`48`W 106.49' `� MONUMENT NOTES Ory �Y - Ls Lfj'L� FVPC.aTR a6tb 45.00` 12'E N SET l• IRON PIPE TA4CaE0 'L.S. 3109" \ / K E - �,----1•-----� AT ALL POINTS SHOWN TUUS '-�- p,"' -01 FOUND AKICON PIPE TA"eV"L.S. 2'383"1•ERTKASIS���•'hQt ~`h '1w° ®/�\ 13 14 AT ALL POINTS -WOWN TWUS —6•— UNLESS OTHERWISE NOTED•\\ g 0to \ \ \ 1m 0-, X 00 `"S', vasa a e FD. SPIKE PER TR. 2E18 ww dim. w 7rr 1"nLVXr'by the City 40owil of the City of xwwport sash that said asweemont, fait dress WA egr*oa wwor privato property for amass to Masubdi.vtsisa Xo, ?is is VPr*"d# amd then ltaymx _ &" City Clark aim bereby auth*rised asset dirwtcd to OXOMts t%* own* an bbs►l#' of the CLty of Bo paxt -ATTMI ADOMD tus 2m day of in& 1 #71. l�x�it►x i • , +' i ;. ��q -� �. :;,.. i:: _.. .. z iL.x tM z �i..: �. . - e . „�.. en ya,2d a�. .. .. .. i . fj F �� . A t ”' 4 _ - � - _ �. w i' f' ' - ' .,. '.� y .. ,. ..: 1 .. � . .. .. '.. '` ,_ z June 28, 1971 /-/--3 (�,) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: RESUBDIVISION NO. 285 LOCATION: NORTHERLY OF BAYSIDE DRIVE BETWEEN AVOCADO AVENUE AND BAYADERE TERRACE SUBDIVIDER: KATHRYN LILLARD WHEELER AND CHARLES STETSON WHEELER III OF 401 AVOCADO AVENUE, CORONA DEL MAR RECOMMENDATION: Adopt a resolution authorizing the Mayor and the City Clerk to execute an agreement providing for an ingress and egress access easement across private property for the benefit of Parcels 1 and 2 in Resubdivision No. 285. DISCUSSION: A condition of approval for Resubdivision No. 285 required that private easements be recorded to guarantee perpetual access to each of the two parcels in the resubdivision. As can be seen from the attached sketch, access to both parcels is obtained from Avocado Avenue by crossing Lot 185. Access to Parcel 2 is then obtained by crossing Parcel 1. After consulting with the City Attorney, the Wheeler's attorney prepared an agreement between the subdivider and the city which satisfactorily provides for a perpetual ingress and egress easement to Parcels 1 and 2. Execution and recordation of this agreement will fulfill the requirement intended by the condition of approval and will protect the rights and obligations of any future buyer of the properties involved. Jo eph T. Devlin l�J� Public Works Director GPP /bg Att ISHEET --- OFD— SHEET SCALE: l'- 40' SURVEYOR'S CERTIFICATE M R C E L M A P* RE-su HR.4B_5 CITY OF NEWPORT BEACH >1 ORANGE COUNTY CALIFORNIA \ THIS MAP WAS PREPARHO b ME OR UNDRR MY DIRGGTION AND H INASGD UPON AFIELD 5U2VEY IN COWFORM' ANCE WITH THE OE UIREMENTS OP TUB SUspiv, "OW MAP ACT AT Twe RE- OUE7T OF KATNRYW LILLARD WYE LlR AND CHARLES 5TET5 N WURELER III IN JULY 1970. I ummIlW cERYMY TLOT TN IS MAP CONFORMS TO TMs APP4iV. GD TENTATIVE MAP AND THE CON DI - TIOW5 OF APPROVAL TWEREOF ITMAT ALL PROVISIOMS OF APPLICAELE 1TM1 LAW AND LOCAL OROINAMCMS HAVE &BMW COMPLIED WITH. WILLIAM / FR05T .L. S. 51011 • ary ENGINEERS CER71FICATE \' THIS MAP MAS DEEM E INED TWH DAY OF 1910 FOIL 1 COu FORLAANC6 WITH TWE REQUIRE- ME4TS OP SECTIOM IISis OF THE / SUsD1VISION MAP ACT. j CITY sL1A1MEER•CITY OP NIWPOPT KAOI e L �'Q COUCY _VA?VfKW3 CERTI WE 0XAM1MED AND APPROVED DATED Twm_DAY OF 1970. A S. XOCH by: OTXRY S IINIIN R 09PLoTY OF BEARINGS TWE EDARIMOS $ "OWN ON THIS MAP AR■ SASED ON THE M04T EASTERLY L11.IE OP LOT 103 DEIMO M21•II'S0'E AS 51JOWM ON A MAP OF TRACT M• 1119. 90 94. PA494 49 TMROU4M 41, 14CLUSNE. IAMCELAAMEOUS EAA%% RECORD! OF 09A44E 01LEITY.CALIFMWIA. MONUMENT NOTES SET V IRON PIPE. T^"EO 'LS. 5109• \' 1 \ AT ALL POINTS .MOWN TU" I MUMVI ONRO4 PIPE TALE lD•l.S. i515•IRR'IM� AT ALL POINTS SMOWM THUS M4L.IN FTINRWI.R MPTp. �^ FD. *PIKE Fo Ts. "to N FD TA4 - L.1.El" N COLIC. WALL IW LIEU OF S /{.I.R Pk TR. 7119 Vy. • 10 F 1j/ 1DE S �n I 70• DR�V f W V• „al ah. a� IL � � _ ACCESS EASEMENT COVERED 8Y TH I S AGREEMENT L 7 June 21, 1971 TO: (2) CITY MANAGER (3) CITY CLERK FROM: Assistant Public Works Director SUBJECT: AGREEMENT FOR INGRESS AND EGRESS IN RESUBDIVISION NO. 285 Attached is the original and three copies of an agreement which provides for an ingress and egress access easement over private property for the benefit of Parcels 1 and 2 which comprise Resub- division No. 285. The Public Works Department has reviewed the Agreement and has found it to be satisfactory with respect to content and correctness of the legal description and exhibits. Action requested: 1. City Attorney rr a. Approve Agreement as to form. 1.b. Forward all copies to City Manager, ,mac. Prepare resolution authorizing Mayor and City Clerk to execute agreement. 2. 'City Manager 05:r�Approve Agreement as to sufficiency VAW0a4 . Forward all copies to the City Clerl,lal ppIRM�' 3. City Clerk I6 a. Present Agreement to City Council for approval. b. Have Mayor execute the Agreement. c. Have the original of Agreement recorded at the County Recorder's office. Retain the original of the recorded agreement for your files and return the copies to the Public Works Department in a manner similar to that followed for Grants of Easement. Z//3jamin B. Nolan Assistant Public Works Director GPP /bg Atts.