HomeMy WebLinkAboutC-1665(C) - Right-of-Way Agreement - Superior Avenue Widening - 15th Street to Industrial WayI
RIGHT OF WAY AGREEMENT
SUPERIOR AVENUE WIDENING - 15TH STREET TO INDUSTRIAL WAY
(CONTRACT NO. 1665)
A
THIS AGREEMENT is made and entered into this
day of 1976, by and between AARON SAGE and
ALICE SAGE, husband and wife, as to an undivided one -half interest;
HERMAN LABELLE and IDA LABELLE, husband and wife, as to an
undivided one -half interest, hereinafter referred to as "Owners"
and the CITY OF NEWPORT BEACH, a municipal corporation, herein-
after referred to as "City ". -
W I T N E S S E T H:
WHEREAS, the undersigned are owners of certain real
property commonly known as Mar Vista Convalescent Home, 1555
Superior Avenue, in the City of Newport Beach, County of Orange,
State of California.
WHEREAS, City proposes to widen and improve Superior
Avenue; and will require the acquisition of the 4,529.5 square
foot parcel of land shown as Parcel 1 on the attached right -of -way
map, marked Exhibit "A" and by this reference made a part hereof,
more specifically described as:
That portion of Lot 614 of the First Addition to
Newport Mesa Tract, in the City of Newport Beach,
County of Orange, State of California, as shown
on the map of said tract recorded in Book 8, page 61,
of Miscellaneous Maps, in the office of the County
Recorder of said Orange County, California, described
as follows:
The southeasterly 20.00 feet of that certain land
described in a deed to Aaron Sage, et al, recorded
May 10, 1965, in Book 7513, page 205 of Official
Records of said Orange County, California.
Reserving therefrom unto grantor an easement for
encroachment of roof overhang and foundation of
existing building over the southwesterly 75.00 feet
of the northeasterly 220.00 feet of the northwesterly
6.50 feet.
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WHEREAS, City has offered and owners have accepted offer
to purchase aforementioned parcel for the purchase price of
$22,650.00 plus additional amount described herein; and
WHEREAS, City intends to open an escrow for the purchase
of said parcel.
NOW, THEREFORE, in consideration of their mutual premises,
City and Owner agree as follows:
1. Owner shall be responsible for the cost of applica-
tion of sound insulation material to the building face exposed
directly to the street.
2. Owner shall be responsible for cost and installation
of replacement trees, shrubbery, and sprinkler system except as
noted herein below.
3. Owner hereby grants permission to City, or its
authorized agent, to enter upon Owner's land, where necessary for
purposes of construction of necessary modifications to driveway
entrance, parking lot, retaining wall, and planters as shown
on Exhibit "B" attached hereto and made a part hereof. Owner
understands and agrees that, upon completion of the work described
above, said improvements located upon the Owner's land shall
be considered as the sole property of the Owner and that the
responsibility for maintenance and repair of said property shall
be that of Owner.
4. City shall be responsible for relocation of an. exist-
ing advertising sign and the construction of: a retaining wall
along the new right -of -way line, a planter adjacent to existing
building which abuts the new right -of -way line, the driveway and
parking lot modifications, the adjustment of utility services,
and installation of a protective railing for pedestrians adjacent
to the parking lot as shown on Exhibit "B" attached hereto.
5. City shall be responsible for the placing of two (2)
new property corner monuments at the new right -of -way line.
6. City hereby acknowledges that due to the afore-
mentioned widening of Superior Avenue that two (2) conditions
of Use Permit No. (,9 on said property will no longer be met;
specifically: (a) requirement for two parking spaces per bed,
i. -. 37 spaces and 'b) a twenty (20) foot front building setback.
It is mutually und_::stood and agreed that upon completion of
the widening a lega_ non - conforming use of the property will exist.
7. In consideration of Severance Damages, building
modifications for sound attenuation, removal of landscaping and
removal of surface improvements, City agrees to pay to Owners the
total sum of Eleven, Thousand Seven Hundred and Thirty One Dollars
($11,731.00) as full compensation and in no event shall said
amount be greater. Said amount shall be paid to owner within
seven (7) days after the aforementioned escrow has closed and free
and clear fee title to said Parcel 1 has been vested with City.
8. It is mutually understood and agreed that notwith-
standing other provisions in this Agreement, the right of
possession and use of the subject property by the City, including
the right to remove, relocate and dispose of landscaping or
improvements, shall commence on the close of said escrow controlling
this transaction and that the amount shown in Section 7 above
includes, but is not limited to, full payment for such possession
and use, including damages, if any, from said date.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date and year first above written.
CITY OF NEWPORT BEACH
ATTEST:
By
City Clerk t
�RON SAGE
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ALICE SAGE
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IDA LABELLE
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ivo P0.5 lc,o //"I p 'IF 0 y 45 14 5•v7 4 J I v
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DRAWN--z�!, �- DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO. - -
DRAWING NO.,EX A/ 1�3 / T `13
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CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714
673 -2110
TO: FINANCE DIRECTOR
FROM: City Clerk
DATE March 3, 1976
SU3JECT: Contract No. 1791
Description of Contract Removal of Sur
in connection
Authorized by Resolution No. 8707 , adopted on 2 -23 -76
Effective date of Contract
Contract with Aaron Sage. et al. / f rG Lc\ We.n rk�, �,V
Address 15915 Ventura Blvd.
Amount of Contract
�Qc[it.K i�
City Clerk
9 0
March 3. 1976
Public Works DqWtmmt
Attention: St&wW-Jwknaa
Superior Avenue WIdAkag Right-of-Way Agreement
with Aaron Sage at al.
C11791
Attached are two executed copies of subject agreement
for transmittal to Aaron Sage and for your files.
The agreement was authorized by the City Council on
February 23, 1976 by the adoption of Resolution No.
9707.
City Clerk's Office
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RIGHT OF WAY AGREEMENT
SUPERIOR AVENUE WIDENING - 15TH STREET TO INDUSTRIAL WAY
(CONTRACT NO. 1665)
THIS ,A/GR/EEMENT is made and entered into this .�jLZ(�
day of 7CUlY t✓ , 1976, by and between AARON SAGE and
ALICE SAGE, husband and wife, as to an undivided one -half interest;
HERMAN LABELLE and IDA LABELLE, husband and wife, as to an
undivided one -half interest, hereinafter referred to as "Owners"
and the CITY OF NEWPORT BEACH, a municipal corporation, herein-
after referred to as "City ".
W I T N E S S E T H:
WHEREAS, the undersigned are owners of certain real
property commonly known as Mar Vista Convalescent Home, 1555
Superior Avenue, in the City of Newport Beach, County of Orange,
State of California.
WHEREAS, City proposes to widen and improve Superior ,
Avenue; and will require the acquisition of the 4,529.5 square
foot parcel of land shown as Parcel 1 on the attached right -of -way
map, marked Exhibit "A" and by this reference made a part hereof,
more specifically described as:
That portion of Lot 614 of the First Addition to
Newport Mesa Tract, in the City of Newport Beach,
County of Orange, State of California, as shown
on the map of said tract recorded in Book 8, page 61,
of Miscellaneous Maps, in the office of the County
Recorder of said Orange County, California, described
as follows:
The southeasterly 20.00 feet of that certain land
described in a deed to Aaron Sage, et al, recorded
May 10, 1965, in Book 7513, page 205 of Official
Records of said Orange County, California.
Reserving therefrom unto grantor an easement for
encroachment of roof overhang and foundation of
existing building over the southwesterly 75.00 feet
of the northeasterly 220.00 feet of the northwesterly
6.50 feet.
0
a
• 0
WHEREAS, City has offered and owners have accepted offer
to purchase aforementioned parcel for the purchase price of
$22,650.00 plus additional amount described herein; and
WHEREAS, City intends to open an escrow for the purchase
of said parcel.
NOW, THEREFORE, in consideration of their mutual premises,
City and Owner agree as follows:
1. Owner shall be responsible for the cost of applica-
tion of sound insulation material to the building face exposed
directly to the street.
2. Owner shall be responsible for cost and installation
of replacement trees, shrubbery, and sprinkler system except as
noted herein below.
3. Owner hereby grants permission to City, or its
authorized agent, to enter upon Owner's land, where necessary for
purposes of construction of necessary modifications to driveway
entrance, parking lot, retaining wall, and planters as shown
on Exhibit "B" attached hereto and made a part hereof. Owner
understands and agrees that, upon completion of the work described
above, said improvements located upon the owner's land shall
be considered as the sole property of the Owner and that the
responsibility for maintenance and repair of said property shall
be that of Owner.
4. City shall be responsible for relocation of an exist-
ing advertising sign and the construction of: a retaining wall
along the new right -of -way line, a planter adjacent to existing
building which abuts the new right -of -way line, the driveway and
parking lot modifications, the adjustment of utility services,
and installation of a protective railing for pedestrians adjacent
to the parking lot as shown on Exhibit "B" attached hereto.
5. City shall be responsible for the placing of two (2)
new property corner monuments at the new right -of -way line.
6. City hereby acknowledges that due to the afore-
mentioned widening of Superior Avenue that two (2) conditions
lb
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of Use Permit No. 689 on said property will no longer be met;
specifically: (a) a requirement for two parking spaces per bed,
i.e. 37 spaces and (b) a twenty (20) foot front building setback.
It is mutually understood and agreed that upon completion of
the widening a legal non - conforming use of the property will exist.
7. In consideration of Severance Damages, building
modifications for sound attenuation, removal of landscaping and
removal of surface improvements, City agrees to pay to Owners the
total sum of Eleven Thousand Seven Hundred and Thirty One Dollars
($11,731.00) as full compensation and in no event shall said
amount be greater. Said amount shall be paid to owner within
seven (7) days after the aforementioned escrow has closed and free
and clear fee title to said Parcel 1 has been vested with City.
8. It is mutually understood and agreed that notwith-
standing other provisions in this Agreement, the right of
possession and use of the subject property by the City, including
the right to remove, relocate and dispose of landscaping or
improvements, shall commence on the close of said escrow controlling
this transaction and that the amount shown in Section 7 above
includes, but is not limited to, full payment for such possession
and use, including damages, if any, from said date.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement as of the date and year first above written.
ATTEST:
B
City Clerk
CITY OF NEWPORT BEACH
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AARON SAGE
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ALICE SAGE
HERMAN LABELLE
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IDA LABELLE
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EXHIBIT
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PU3UC WORKS DEPART:MEKN-r
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DRAWN, � -M.. DATF
APPROVED
PU3LIC DIRECTOR
RENO.
DRAWING ?10-�
RESOLUTION NO. 870 d
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ACCEPTING A GRANT
DEED FROM AARON SAGE, ET AL. IN CONNECTION
WITH SUPERIOR AVENUE WIDENING FROM DANA
ROAD TO INDUSTRIAL WAY, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
WITH AARON SAGE, ET AL., PROVIDING PAYMENT
FOR SEVERANCE AND REMOVAL OF SURFACE
IMPROVEMENTS AND LANDSCAPING
WHEREAS, there has been delivered to the City of
Newport Beach a certain grant deed dated February 20, 1976,
wherein Aaron Sage, et al. grant to the City of Newport Beach
the following described real property in connection with
the Superior Avenue widening from Dana Road to Industrial
Way:
Legal Description Attached Hereto
Marked Exhibit "A ".
WHEREAS, it is to the interest of the City to
accept said grant deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said grant is hereby accepted,
and the City Clerk is authorized and directed to execute and
attach thereto a certificate of acceptance and consent to its
recording and to cause said document to be recorded in the
Orange County Recorder's Office.
BE IT FURTHER RESOLVED by the City Council of the
City of Newport Beach that the Mayor and City Clerk are hereby
authorized and directed to.esecute an agreement with Aaron
Sage, et al., providing payment for severance and removal of
surface improvements in connection with the above - described
grant deed.
ADOPTED this 23rd day of Februa
yor
AT'_"E ST :
ty Clerk
1976.
DDO /bc
2/19/76
--_,
• •
LEGAL DESCRIPTION - EXHIBIT "A"
PARCEL 1
That portion of Lot 614 of the First Addition to Newport
Mesa Tract, in the City of Newport Beach, County of
Orange, State of California, as shown on the map of
said tract recorded in Book 8, page 61 of Miscellaneous
Maps, in the office of the County Recorder of said
Orange County, California, described as follows:
The southeasterly 20.00 feet of that certain land
described in a deed to Aaron and Alice Sage, et al.
recorded May 10, 1965 in Book 7513, page 205 of Official
Records of said Orange County, California.
Reserving therefrom unto grantor an easement for en-
croachment of roof overhang and foundation of existing
building over the southwesterly 75.00 feet of the
northeasterly 220.00 feet of the northwesterly 6.50
feet.