HomeMy WebLinkAboutC-1559 - Agreement for future execution quitclaim deed for street easement (see Deed file D-1231)74 -12
December 3, 1974
City of Newport Beach
Department of Public Works
3300 West Newport Boulevard
Newport Beach, CA 92660
Attention: Mr. Joseph Devlin
Re: Tracts 7517 i 1852 - Bond Releases
Gentlemen:
As a result of the action of the City Council in the City of Newport
Beach on November 2S, 1974, the Robert H. Grant Corporation hereby
requests reduction of the Subdivision Bond (Labor and Material) for
the subject tracts to an amount equal to the estimated cost of the
improvements for the ext6naion of Ticonderoga to Sixteenth Street,
Your prompt attention to this matter will be greatly appreciated.
Very truly yours,
GR!WT COMPANY OF CALIFORNIA
Fredric Armstrong
Vice President, Forward Planning
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cc: Gail Pickart, City of Newport Beach
City Clerk, City of Newport Beach
_ '.:.131973
ry 6c CITY CojjNCIL
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: Honorable Mayor and
Members of the City Council
From: City Attorney
August 13, 1973
Subject: Agreement Between Beeco, Ltd. and City of Newport Beach
One of the conditions attached to Tentative Tract No. 7817 (New-
port Crest Condominiums) was that Ticonderoga Avenue be extended
on a temporary basis to 16th Street. This temporary extension
will be over property owned by Beeco, Ltd. It is anticipated
that at a later date Ticonderoga will be extended on a permanent
basis over a different alignment which will be determined by the
nature of the future development in the area.
4,
The resolution on this evening's agenda, if adopted, would auth-
orize the execution of an agreement between Beeco, Ltd. and the
City of Newport Beach. By this agreement, Beeco grants to the
City a five -year easement for street and highway purposes over
the subject property, and the City agrees that at the end of that
five -year period it will execute and deliver a quitclaim deed of
its interest in the easement to Beeco. In addition, if, at any time
prior to the five -year termination date of the easement, the road-
way is no longer needed, the City will also execute such a quit-
claim deed. Finally, the agreement provides that Beeco may erect
signs in the area of the easement indicating that it is private
property. This provision is designated to eliminate the possibility
of prescriptive rights being perfected over the subject area.
DENNIS O'NEIL
City Attorney
DON:sh
This contract was not the p LL way to handle this situation and
Deed No. 1231 covering a grant of easement from Beeco was executed.
0
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: Laura Lagios
City Clerk
From: David R. Baade
Assistant City Attorney
Ci
January 22, 1974
Subject: Agreement Between City and Beeco, Ltd.
Attached is an agreement (in the form of an Easement Deed)
between the City and Beeco, Ltd. The City Council, at its
meeting of August 13, 1973, authorized the execution of the
agreement in adopting Resolution 8067.
Please have the document executed and recorded. In addition,
as the attached letter indicates, Bill Banning would like to
have a fully executed copy of the agreement returned to him.
I would appreciate it if you would take care of this also.
D. R. BAADE
Attachments
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BEECo, LTD.
3990 WESTERLY PLACE
NEWPORT BEACH, CALIFORNIA 92660
(714) 633 -a70I
January 17, 1974
David R. Baade, Esq.
Deputy City Attorney
City of Newport Beach
3300 West Newport Blvd.
Newport Beach, Ca. 92660
Dear Dave:
0
Per our telephone conversation this afternoon, I am
enclosing original and Xerox copy of a proposed ease-
ment deed which I understand was prepared by your office
and which covers a temporary roadway easement from
Ticonderoga to 16th Street. Beeco, Ltd. has executed same.
I understand that you will have these documents executed
by the appropriate city officials and that you will return
a fully executed copy to me and will have the other recorded.
We would appreciate your sending us the recording informa-
tion when available.
These documents are delivered to you with the understanding
that if they have not been executed by the City of Newport
Beach within 60 days of the date of this letter, you will
return same to us.
Sincerely,
BEECO,!LTD.
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'Ifancock Banni III
HB:DD
cc Jerry Nicholas, Grant Corporation
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August 22, 1973
Mr. Hancock Banning III
1010 N. Main Street
Santa Ana, CA
Enclosed are the original and three copies of the agreement
between Beeco, Ltd. and the City of Newport Beach authorised
by Council on August 13, 1973 by the adoption of Resolution
No. 8067 providing for future quitclim of a street easement in
connection with Tract No. 7817 (Newport Crest Condominiums).
Please sign and return all four copies of the agreement to this
office for execution by the City. A copy will be returned to you
for your files. Thank you.
Doris M. George
Deputy City Clerk
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Encl. (4)
cc: City Attorney
A G R E E M E N T
THIS Agreement is made and entered into this
day of August, 1973, by and between BEECO, LTD., //a California
corporation, hereinafter referred to as " BEECO." and the CITY
OF NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "CITY."
W I T N E S S E T H
WHEREAS, one of the conditions attached to Tentative
Tract No. 7817 (Newport Crest Condominiums) was that Ticonderoga
Street in the City of Newport Beach be extended on a temporary
basis to 16th Street; and
WHEREAS, this temporary extension will be over property
owned by Beeco, Ltd.; and
WHEREAS, it is anticipated that at a later date Ticon-
deroga Street will be extended ¢n a permanent basis over a dif-
ferent alignment which will be /determined by the nature of the
future developments in the ar¢a..
NOW, THEREFORE, inconsideration of the foregoing, the
parties hereto agree as follbws.
1. BEECO hereby #rants to the CITY a temporary ease-
ment and right -of -way for treet and highway purposes over, upon,
and across that parcel of and in the City of Newport Beach,
County of Orange, State o California, which is described more
particularly on Exhibit 'A ", and which is shown on Exhibit "B"
which is a VTN- Orange Co my drawing No. 77 -156, dated June 12,
1973. Both exhibits ar4 attached hereto and are incorporated
by this reference as if'fully set forth herein.
0
2. CITY hereby agrees as follows:
A. The subject easement herein granted shall
cease and terminate as to any portion thereof which by reason
of subsequently established roadways becomes no longer neces-
sary to permit the connection of Ticonderoga Street with 16th
Street. In no event shall the subject easement be in force and
effect laster than May 15, 1977.
B. CITY shall execute and deliver to BEECO a
quitclaim deed or deeds of its interest in said easement as
and when such easement or portions thereof cease and terminate
as provided in subparagraph A above.
3. It is further mutually agreed by and between the
parties hereto that BEECO may, at its own expense, post said
easement at all times during its existence in accordance with
the provisions of California Civil Code Section 1009.
IN WITNESS WHEREOF the parties hereto have executed
this agreement as of the day and year first above written.
CITY OF NEWPORT BEACH
Mayor
ATTEST:
City Clerk BEECO, LTD.
APPROVED AS TO FORM:
Assistant City Attorney
-2-
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STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE }
On ' 1973, before me, the undersigned, a
Notary Public in and for said State, personally appeared
and
known to me to be and
respectively of BEECO, LTD., a limited partnership, 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.
Notary Public In and For Said
County and State
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE j
On , 1973, before me, the undersigned, a
Notary Public in and for said State, personally appeared DONALD
A. McINNIS, known to me to be the Mayor, and LAURA LAGIOS, known
to me to be City Clerk, of the municipal corporation that exe-
cuted the within instrument, known to me to be the persons who
executed the within instrument on behalf of the corporation
therein named, and acknowledged to me that such corporation
executed the within instrument pursuant to a resolution of its
City Council.
WITNESS my hand and official seal.
Notary Public In and For Said
County and State
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DRB : sh
8/16/73
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LEGAL DESCRIPTION
Those portions of Lots C and 0 Of the Banning Tract,.
as shown on a Map attached to Report of the Referees filed
April 14, 1890 in Case No. 6385 in the Superior Court of the
State Of California, in and for the County of Los Angeles, and
that portion of Lot 1 of Tract 463 as per map recorded in Book
32, Pages 2 and 3 of Miscellaneous Maps, Records of Orange County,
described as follows:
PARCEL 1:
A strip of land 42.00 feet in width the centerline
of which is described as follows:
Beginning at the Northwesterly extremity of the
centerline of Ticonderoga Street as shown on map of Tract
No. 7852, recorded in Book 302, Pages 7 to 9, inclusive of
said Miscellaneous Maps; thence along the Northwesterly prolon-
gation of said centerline, North 12 015'00" West 770.17 feet
to a tangent curve concave Southwesterly with a radius of 600:00
feet; thence Northwesterly along said curve 100.78 feet through
a central angle of 9 °37'24 "; thence tangent to said curve North
21 052'24" West 197.20 feet to a tangent curve concave Easterly
.with a radius of 600.00 feet; thence Northerly along said curve
348.19 feet through a central angle of 33 °15'00 "; thence tangent
to said curve North 11 °22'36" East 100.00 feet to a tangent
curve concave Westerly with a radius of 350.00 feet; thence
Northerly along said curve 73.30 feet through a central angle
of 12 °00'00 "; thence tangent to said curve North 0 °37'2 <_"
West 53.00 feet.
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PARCEL 2:
Beginning at the Northerly extremity of the Westerly
line of hereinabove described Parcel 1; thence along the.North-
erly prolongation of said Westerly line North 0037'24" Vrest
77 -00 feet to the Westerly prolongation of the Northerly line
Of 166th Street, 60.00 feet wide, as shown on map of First
Addition to Newport Mesa Tract recorded in Book 8, Page 61,
of said Miscellaneous Maps; thence along said Westerly pro-
longation North 89 022'36" East 29 -49 feet to the Southwesterly
boundary of said First Addition to Newport Mesa Tract being
also the Northeasterly boundary of said Lot C; thence along
said Northeasterly boundary South 290 26' 43" East 68_48 feet
to the Southerly line of said 16th Street; thence along the
Westerly prolongation of said Southerly line South 89 022'36"
West 3.51 feet to a tangent curve concave Southeasterly with
a radius of 17 -00 feet the Southerly terminus of said curve
being tangent to the Easterly ine
y of hereinabove described
Parcel 1;. thence Southwesterly along said curve 26 -70 feet
through a central angle of 90 000'00" to the Northerly terminus
of said Easterly line; thence South 89 °22'36" West 42.00 feet
I
to the point of beginning.
EXCEPTING therefrom that portion of hereinabove
described Parcel 2 lying Northerly of the Southerly line of
Parcel 1 of Final Order of Condemnation, a copy thereof being
filed in Book 7620, Page 215, of Official Records of said
Orange County,
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SKETCH TO ACCOMPANY LE6AL DESCR /PT /ON
OF EASEPAENT FOR STREET 6 H16f(A1AV PURPOSES
APRIL 19,1973 SCALE: /"•200
REV ✓uNZ.2,1973 Job 77 -156
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RESOLUTION NO. H 06
13 1973
A RESOLUTION OF THE CITY COUNCIL OF THE
Ry 4he CITY COUNCIL CITY OF NEWPORT BEACH AUTHORIZING THE
, ;;y pr #-Jr 'WVORT aGAC1-kXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH AND BEECO, LTD., PROVIDING
FOR FUTURE EXECUTION OF A QUITCLAIM DEED
COVERING A STREET EASEMENT
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and Beeco, Ltd., providing for future
execution of a quitclaim deed covering a street easement; 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 that said agreement
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.
ADOPTED this 13th day of August , 1973.
Mayor
ATTEST:
City Clerk
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8/9/73
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