HomeMy WebLinkAboutC-1478 - Exchange of property in connection with acquiring alley Right of Way Seashore & Ocean"1973 RESOLUTION NO. 8 U 3 4
^. A:.R -, .SOLUTION OF THE CITY COUNCIL OF THE
CITY; OF NEWPORT BEACH REPEALING RESOLUTION
NO. 7827 ORDERING THE VACATION, CLOSING UP
AND :BANDONMENT OF A PORTION OF THE STREET
KNU-vN AS OCEAN FRONT AND CANCELING A CER-
TAI`: LAND EXCHANGE AGREEMENT
WHEREAS, by letter dated February 12, 1972, Robert
W. Peinado, owner of the property located at 6200 Ocean Front,
more particularly described as a portion of a certain street
known as Ocean Front, adjacent to Lot 1, Block B, Seashore
Colony Tract, in the City of Newport Beach, County of Orange,
State of California, offered to dedicate the northerly 15 feet
of said property to the City for alley right of way, in exchange
for the vacation by the City of a 15 foot wide strip of Ocean
Front adjacent to the Peinado property; and
WHEREAS, pursuant to said offer to dedicate, an
agreement was drafted setting forth the terms and conditions
of the aforementioned property exchange between the City of
Newport Beach and Robert W. Peinado, said agreement was executed
and became effective on October 13, 1972; and
WHEREAS, on October 10, 1972, the City Council held
a public hearing after which Resolution No. 7827 entitled "A
Resolution of the City Council of the City of Newport Beach
Ordering the Vacation, Closing Up and Abandonment of a Portion
of the Street mown as Ocean Front" was adopted; and
WHEREAS, Robert W. Peinado, by letter dated June 13,
1973, has expressed a desire to revoke his offer to dedicate
the northerly 13 foot strip of land off of his property located
at 6200 Ocean -ront and further expressed a desire to cancel
the aforementioned proposed land exchange agreement; and
WHEREAS, Robert W. Peinado and Charlene Peinado have
executed a Grant of Easement granting the 15 foot wide strip
of Ocean Front adjacent to their property back to the City
of Newport Beach; and
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77
GNP "EREAS, in light of Mr. Peinado's request to rescind
said land exc_ ^_ange agreement and place all the parties back in
their original positions, the City Council believes it to be in
the best interest of the City to repeal the resolution calling
for the abandonment of the 15 foot strip of Ocean Front adjacent
to the Peinado property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that Resolution No. 7827 is hereby
repealed and that the agreement mentioned hereinabove is can-
celed and that the parties to said agreement are placed back in
their respective positions as if no agreement or abandonment
had been contemplated or implemented.
BE IT FURTHER RESOLVED that the City Clerk is hereby
requested to cause a certified copy of this Resolution, together
with the aforementioned Grant of Easement, to be recorded in
the Office of the Orange County Recorder, State of California.
ATTEST:
City Clerk
ADOPTED this 9th day of July , 1973 .
Mayor
- 2 - DON ep
7/9/73
TO: Public. Works Department
FROM: City Clerk
SUBJECT: Contract No.
Project
Date
for EOdianm Of
Attached is signed copy of subject contract for transmittal to the contractor.
Contractor: %*art W. Peinm& and Cherlw* Peinatdo
Address:
Amount: $ —0—
Effective Date: O(�r 12, 1972
Resolution No. 7g fi
Laura Lagios
LL-dg
Att.
cc: Finance Department [�
RECORDING REQUESTED
BY AND MAIL TO
City of Newport Beach
City Clerk, Laura lagios
3300 Newport Blvd,
Newport Beach, CA 92660
103 7 3 920
FREE �?
H:
IDS RECORDED IN OFFICIAL R
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. OCT 16 1972 1
J. WYL!E CARLYLE,
i
AGREEMENT
THIS AGREEMENT is made and entered into this l2 TN day
of G:.70tjEA 1972, by and between the CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "City ", and
ROBERT W. PEINADO and CHARLENE PEINADO, husband and wife,
hereinafter sometimes referred to as "Owners ":
RECITALS
Robert W. Peinado and Charlene Peinado, husband and
wife, are the owners, as community property, of certain real
property and house thereon, located in the City of Newport Beach,
County of Orange, State of California, described as Lot 1,
Block B, Seashore Colony Tract, more commonly known as 6200 Ocean
Front;
For a number of years, the City has followed the
policy of encouraging development of an alleybetween Seashore
Drive and Ocean Front, extending from 61st Street to the Santa
Ana River, by accepting a 15 -foot alley right of way from the
northerly end of the lots in return for the vacation of the
northerly 15 feet of Ocean Front;
By letter dated February 2, 1972, Robert W. Peinado has
offered to dedicate the northerly 15 feet of his property to the
City for an alley, in exchange for the vacation by the City
of a 15 -foot wide strip of Ocean Front adjacent to Owners'
lot, all as shown on the attached_Drawing No. R/W 5238 -L, prepared
by the City of Newport Beach Public Works Department, dated
February 24, 1972, marked Exhibit "A" and made a part herein by
this reference; —
{ 10373 ptr[921.
On April 24, 1972, the City Council will hold a public
hearing to consider vacation of a 15 -foot strip of Ocean Front
adjacent to Owners$ property in exchange for the alley right of
way dedication;
The proposed property exchange will complete acquisition
by the City of the alley right of way between 61st Street and
the Santa Ana River;
The improvement of the existing alleys was paid for by
the abutting property owners;
NOW, THEREFORE, IN CONSIDERATION of their mutual
promises, the parties hereto agree as follows:
1. Owners shall execute a deed dedicating a 15 -foot
alley right of way over the northerly portion of their property
located at 6200 Ocean Front, more particularly described herein-
above.
2. As a condition precedent to accepting the deed,
City shall vacate a 15 -foot strip of land along Ocean Front
adjacent to owners' property.
3. Owners shall remove the existing house and any
structures from the proposed alley right of way and alley setback
within one (1) year from the effective date of the vacation by
the City of the 15 -foot strip along Ocean Front.
4. Improvement of the proposed alley shall be the
responsibility of Owners; however, improvement of the proposed
alley at this time is not a condition of the proposed land
exchange.
5. By the terms of this proposed exchange, the City
is not granting Owners permission to encroach into that portion
of Ocean Front not proposed to be vacated.
6. This agreement shall run with the real property
-2-
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ti
{
at�F 1 0137 3 922
herein described in favor of and enforceable by the City of
Newport Beach.
7. This agreement shall be binding upon the Owners'
heirs, successors and assigns, and shall be recorded in the
Office of the County Recorder of Orange County.
EXECUTED as of the day and year first hereinabove
written.
APP VED AS TO FORM:
Ci ttorney
CITY OF NEWPORT BEACH
�lBy :mm L ro
DONALD A. ` McIWS1-'.MWjor
ATTEST
Laura Lagios, City,Qlerk
Vrs1yL ru->
STATE OF CALIFORNIA ) SS
County of Orange [ `)
On Cal Ler /3 1972, before me, the undersigned,
a Notary Public in and for said State, personally appeared Donald
A, Mc Innis;, known to me to be the Mayor, and LAURA LAGIOS, known
to me to be the City Clerk of the municipal corporation that
executed the within instrument, known to me to be the persons who
executed the within instrument on behalf of the municipal
corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to a resolution
of its City Council.
DONALD "y jnT hand and official seal.
Notary Pubile CeliioOre nge county My Commission expi Notary Public in and for said State
October 26, 1976
STATE OF CALIFORNIA ) S5
County of Orange )
On j j 1972, before me, the undersigned,
a Notary Public .n and for said State, personally appeared
ROBERT W. PEINADO and CHARLENE PEINADO, husband and wife, 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.
i
MARGARET L. HARPER Notar Pu is in and or said State
Notary public .. California
� Ore nga County
My Commission Expires
August 26, 1976
DON:mh
3/20/72
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P0,2T /ON OF LOT /, 61-K. B
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DRAWN A.L DATE
APPROVED / ,
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PUBLIC WORKS DIRECTOR
R. E. NO. /2806
DRAWING NO. j01jW 52.3)3 .1
0
0
CITY OF NEWPORT BEACH
CALIFORNIA
October 13, 1992
Mr. J. Wylie Carlyle, County Recorder
P. 0. Box 238
Santa Ana, CA 92702
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
Attached for recordation is
from Paiaedo
for at property purposes.
Authorized by Resolution No. 7US
City Manager authorized by Resolution No. 6773 to accept
easement deeds.
xa'� A'; -
Laura Lagios
City Clerk
LL:swk
enc.
cc: Public Works Deparbamt
,I
a'
ii
RESOLUTION NO. 7 8 2 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH
AND ROBERT W. AND CHARLENE PEINADO FOR EXCHANGE
OF PROPERTY IN CONNECTION WITH ACQUISITION OF
ALLEY RIGHT OF'WAY BETWEEN SEASHORE DRIVE AND
OCEAN FRONT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain contract between the City
of Newport Beach and ROBERT W. and CHARLENE PEINADO for the
vacation by the City of the northerly 15 feet of Ocean Front in
return for the granting of a 15 -foot alley easement from the
northerly end of the Peinados° property, by grant deed; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be fair and
equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that 'said - agreement for'the•property
exchange above described is approved,.and the Mayor and City Clerk
are hereby authorized and directed to execute the same on behalf
of the City of Newport Beach; •
BE IT- FURTHER RESOLVED that said -grant deed is hereby
accepted, and the City Clerkis, authorized and directed to execute
and attach theretoa� certificate of•acceptance and consent to its
recording and�to cause,said document to,be recorded'in, the Office
of the Orange County Reborder I .. . •..., . •
ADOPTED this lOth, day, -of October; 1972.
ATTEST: Mayor
City Clerk