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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. 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 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 1: ALICE SAGE IL i`fif I �i� HERMAN LABELLE IDA LABELLE I IV I" IN 20 o nl V549,4;7�j Q too* 411 Q 41 ON vo Up EX H I -D IT Tc: LES3A t- PESCRip r 10,\1 r Zz O 20 o nl V549,4;7�j Q too* 411 Q 41 ON vo Up EX H I -D IT Tc: LES3A t- PESCRip r 10,\1 r Zz w // // :_,?o / % F : 4 IN ��i- f t 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 F74L- DRAWN--z�!, �- DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. - - DRAWING NO.,EX A/ 1�3 / T `13 0 0 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 swk a=. IL 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 0 0 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 j AARON SAGE kt.Q'i„ ALICE SAGE HERMAN LABELLE cGi W� VV _ 6, ('C` IDA LABELLE C,+ Ac-. nt 40 ACL as" ife JXs O R FJ. hT 4-90, I 0 :4 zz to EXHIBIT SKETCH TO ACCOMPANY LEGAL DESCRIPTION A, pbv-� CIP7 L-,Vr (-14 of 0- sAW F-i--S,7 Arvi-nct � To L zr mc--A TqAq, It, -r,;6 cxy of "EubaT L:&1 , czut rN cr , r,; 0,= CAU—,- FEZ "W V� to 9n e 0, or LAt54. IUAV -, 06C W5 C,57 o7A,34E < Ory, CA"F- ,Z A VALSON McHUG! i N0E-:,IPi--, ZD tY Ft/ Tz"er .nwlz- 'In if, j ti Z%l 7 Yi /A- XV. r) QUO ',,/OF 'NEWPORT ACHI PU3UC WORKS DEPART:MEKN-r �7 47 A /.7 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.