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
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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
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COSTA MESA. CAL PO 1 TEL: (7181546-7723
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DATE SCALE FIELD SOCK JOB N°
aCTCI�'E� 5, 1970= 40
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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.
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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
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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
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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
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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
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N COLIC. WALL
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Pk TR. 7119
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� _ 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.