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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 - 1 - 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 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that Resolution No. 7827 is hereby repealed and that the agreement mentioned hereinabove is can- celed and that the parties to said agreement are placed back in their respective positions as if no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- f 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 -3-r. ,00eriovo� zor i TO .BE GP_.4NTE0 TG �C 1TYOFNE$YP02T9E 0 a 30' m lu) h V o y� Q ". SEA SHO�eE Oloe/ IiE 90' 10373 paiR.3 7 �� G 8 � ®G 12h 2 / OCEAN F.20NT 1F0.24-AE.2GY OGE.4 V 4l�EJ 30' ->f',c�se TAucr Y/.4,o CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P0,2T /ON OF LOT /, 61-K. B fZdf//O.pE COLONY T�dGT 7'0 BE G.PANTEO TO C /TY a 30 h � N hNah J DRAWN A.L DATE APPROVED / , 30' F 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