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HomeMy WebLinkAboutC-1865 - Acquisition Right of Way parcels 018188-01-02, 027069-01-01 & 027069-02-01On September 15, 1976, Ed Purpus of the Department of Transportation, State of California, picked up a copy of the signed letter agreement to purchase parcels 018188- 01 -02, 02069 -01 -01 and 027069 -02 -01 (Pacific Electric right of way) for the sum of $170,000.00. Recording Requested by DEPARTMENT OF TRANSPOPTATIOIT T"er. Recorded Mail to STAT^ OT CALIFORNIA DEPP,,T;!I :"" -:T OF TRANSPORTATION Box 2704 Terminal Annex Los Angoles, California 90051 EXCESS LANr RWPE:BAUM 9 -1 -76 Written by:IB Checked by:WBP MC -329 DIRECTOR'S DEED S D 1976 7� SPACE ABOVE THIS LINE FOR RECORDER'S USE AP 45 -121 -2,3,5 NEly of Seashore Drive SWly of Pacific Coast Hwy DISTRICT COUNTY ROUTE POST MILE NUMBER 07 Ora 1 20.2 DD 18188 -01 -02 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to - --- - - -- -- city- - -of-- -Nei! post - -- Beach.---- a-- -charkered-- -manic char- - - --- - -- --- all that real property in the_ .... City of Newport - Beach— - -- ---- - County of ---------- _Orange---------- - > State of California, described as: Lot 1 and Lot 2 of Tract No. 4400 and all that portion shown as NOT A PART OF THIS SUBDIVISION, both as shown on map recorded May 24, 1962 in Book 162, page 22 of Miscellaneous Maps, in the office,of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Lot 2 and said portion labeled NOT A PART OF THIS SUBDIVISION within a strip of land 24.00 feet wide, the Northerly line of which is coincident with the Southerly line and its Westerly prolongation of the land described in the deed to the State of California (State Parcel No. 30) recorded April 20, 1936 in Book 822, page 48 of Official Records in said office. MAIL TAX STATEMENTS TO: FORM DH -ORW -303 IREV. 9.]]I "T AN IgM00p>l ll, OM - - . Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS myy hannd and the seal of the Department of Transportation of the State of California, this(�_ -_ day of - -- - — - - -- 197L STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED AS TO FORM AND PROCEDURE ATTORNEY DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA ss. COUNTY OF SACRAME TO. ADRIANA GIANTURCO DIRECTOR OF TRANSPORTATION By Anon eg in Fcot On this` !'! -.day ofr�-.� ...... in the year 197k, before me, .......... TERE5A A: PETZ0L-D- -------- ------- ---- a Notary Public ta;,an4jor ifornia, residing therein, duly commissioned and sworn, personally appeared ... - -.... /C -:. . --��k ....................... --- ....... --known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of --- . ------ ADFJANA. _- GIANTI1RG0 - ...... ..- ............ - ..... , Director of Transportation of the State of California, and known to me to be the person who executed the within instrument on behalf of the State of California, and he acknowledged to me that he subscribed the name of ---- ---------------- _- -A DRIB, NAA1 0 -mm�..- ............................... ..as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my hand and official seal. O"ICIAL SEAL TERESA A. PETZOID NOTARY PUBLIC - CALIFORNIA SACRAMENTO COUNTY MY Cemmisden Eapirea Dee. 9, 19)7 //�� ......- .... °-- ... ............ ........ rV .... _. 1110 N Street, 5•crom•Me, Co. 93011 oto PnbUc THIS IS TO CERTIFY That the California High- way Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the ---- 4t-?.__- day of --- .. Septembe................ - . . 19_ 6 in the City of ----------- Pas adena.__--_-,----- Dated thisZ7t_ dayof___.September -- 19 - -76-• • --- HAROLD A. RICHARD Assistant Secretary of the. California Highway Commission ScP 13 1976 By 'h3 C. v COUNCIL CITY OF N11WPORT BEACH 0 a RESOLUTION NO. 8883 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE OFFER OF THE STATE DEPARTMENT OF TRANSPORTATION TO SELL CERTAIN STATE -OWNED PROPERTY TO THE CITY OF NEWPORT BEACH AND AUTHORIZING THE MAYOR AND CITY CLERK TO ACCEPT A DIRECTOR'S DEED IN CONNECTION THEREWITH (PARCEL NOS. 018188- 01 -02, 027069 -01 -01 AND 027069- 02 -01) WHEREAS, the Department of Transportation of the State of California by its letter dated August 27, 1976, has offered to sell certain state -owned real property to the City of Newport Beach for One Hundred Seventy Thousand Dollars ($170,000.00); and WHEREAS, said parcels are located in West Newport Beach, approximately between Seashore Drive and Neptune Avenue, and is generally described as Department of Transportation Parcel Nos. 018188- 01 -02, 027069 -01 -01 and 027069- 02 -01, more specifically described as: "Lot land Lot 2 of Tract No. 4400 and all that portion shown as NOT A PART OF THIS SUBDIVISION, both as shown on map recorded May 24, 1962, in Book 162, page 22 of Miscellaneous Maps, in the office of the County Recorder of said county. EXCEPTING THEREFROM that portion of said Lot 2 and said portion labeled NOT A PART OF THIS SUBDI- VISION within a strip of land 24.00 feet wide, the Northerly line of which is coincident with the Southerly line and its Westerly prolongation of the land described in the deed to the State of California (State Parcel No. 30) recorded April 20, 1936 in Book 822, page 48 of Official Records in said office." WHEREAS, the terms of the sale provide that the City of Newport Beach will remit One Hundred Seventy Thousand Dollars ($170,000.00) at the time the letter agreement with the State of California Department of Transportation is executed and returned to the Department of Transportation, and that thereafter the State will forward to the City a fully executed and recorded Director's Deed; and ,I WHEREAS, the City Council finds that it is in the best interest of the City to enter into the agreement to purchase said parcels which will be used by the general public specifically for parks, recreation and open space; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the offer of the State Department of Transportation to sell Parcel Nos. 018188- 01 -02, 027069 -01 -01 and 027069 -02 -01 to the City of Newport Beach upon the terms and conditions as set forth in the letter agreement from the Department of Transportation dated August 27, 1976, and by this Resolution which by this reference is made a part of and is hereby incorporated into said letter agreement; BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign a duplicate copy of said letter agreement and attach thereto a copy of this Resolution, which shall constitute the acceptance by the City of the State's offer to sell said Parcel Nos. 018188- 01 -02, 027069 -01 -01 and 027069 -02 -01 for the appraised value of One Hundred Seventy Thousand Dollars ($170,000.00), subject to the terms as set forth in said letter agreement and this Resolution. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to accept a Director's Deed in connection with the above- referenced property. ADOPTED this 13th day of September , 1976. Mayor ATTEST: City Clerk DDO /bc V. ` 9/2/76 STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 August 27, 1976 07 -oRA -1 0.1;1- Parcels 018188 -01 -H 027069 -01 -01 027069 -02 -01 City of Newport Beach 3300 West Newport Boulevard Newport Beach, CA 92660 Gentlemen: The Department of Transportation hereby offers to sell the above - referenced property to the City of Newport Beach for $170,000.00. The following portion of this letter, when the duplicate copy is executed and returned by you with a Resolution from the City Council, will constitute the agreement for the purchase. This Resolution must indicate that said property will be purchased for public purposes. The description of the public use must be specified in the Resolution. In the absence of the Resolution, a clause will be added to the Direc- tor's Deed restricting the property to a public use. This transaction will not be processed for the way Commission's approval until the duplicate letter is fully executed and returned with the If these two documents are not returned to the by September 17, 1976, then the above property for sale by other means. California High - :opy of this Resolution. undersigned will be processed The City of Newport Beach, hereinafter known as purchaser, offers to acquire from the California Department of Transpor- tation that certain property referred to above and depicted on the attached map for the sum of $170,000.00, to be paid upon demand and prior to the State's forwarding a fully execu- ted and recorded Director's Deed. Please indicate exactly how title is to be vested: PLO .. - . u .. It is expressly understood by the purchaser that the right, title and interest in the property to be transferred by this sale shall not exceed that vested in the State of California and that no Policy of Title Insurance will be furnished or � K • City of Newport Beach Page 2 August 27, 1976 escrow fees paid by the State of California in this transac- tion. It is expressly agreed by the purchaser that the State of Ca- lifornia shall retain unto itself all additional reservations including but not limited to access rights to the freeway or highway, slope, and /or drainage rights as indicated on the enclosed map. It is further understood that the purchaser shall not have use of the property until a Director's Deed has been recorded. The purchaser agrees to the above terms and conditions of sale. Place of exec Date of execu ATTEST: City Clerk C NEWPORT C By Pfficer who has t e authorit 3y to commit the City of Newport Beach to the acquisition of this pro- perty. The terms and conditions of the above offer are hereby accepted subject to the approval of the California Highway Commission. ���i For Department ot Transportation EDWARD C. PURPUS Right of Way Agent Excess Land Sales (213) 620 -2093 ECP:mjl Enclosures 00('( Sr pl TZ) ka) I 14" HIL LS n. 6731 0 ti = a vo or - Fv�'' \\\V OEI O Lu ry"N U.J Ltj - tv Qz OF LL it, 1 1 A. I VN� Ld '4r, Z L 0 N m or � . tc u March 29, 1976 Cal Stewart, PBSR Director 40 Re: Deeds of Trust and Notes Securing Deeds for parks Thefollowing deeds and notes for the following parcels for delivery to the Department of Transportation in Los Angeles are attached: Parcel 07 -ORA -1 057847 -01 -01 r Parcel 07 -ORA -1 041356 -01 -01 Parcel 07 -ORA -1 041246 -01 -01 Acting City Clerk i i (aaamONl 15maLN1 - LNIWIIVISNI) isnim d0 a33a A9 a32)11O3S 31ON z� if JLVVd £ (WL V VO L'LLtr 01 Do Not Destroy This Original Note: When paid, mid Original Note, together with the Deed of Trust seeur• Ina same. must be surrendered to Trustee for Cancellation and retention before reconveyance will be made. 07 —ORA -1 057 7 -01 -01 NOTE SECURED BY DEED OF TRUST (INSTALLMENT— INTEREST INCLUDED) $45,435 -50 California, October 15, 1975 In installments as herein stated, for value received, I promise to pay to The State of California, Department of Transportation or order, at _120 So. Spring St., Los Angeles, California 90012 _ 50 the sum of Forty—five thousand four hundred thirty —five & M DOLLARS, with interest from October 31,x.975 on unpaid principal at the rate of 7 per cent per annum; principal and interest payable in installments of Thirteen thousand four hundred thirteen and 42/100 Dollars or more M3W in October yXGf each year mKo t , beginning on:E= October 31, ild 197 and continuing until OetohPr 'Al. 1979, on which day the unpaid balance of said principal sum, wl the „nnaid interest due thereon, shall become due and nav�ahlP Each payment shall be credited first on interest then due and the remainder on principal; and In- terest shall thereupon cease upon the principal so credited. Should default be made in payment of any installment when due the whole sum of principal and interest shall become immediately due at th.. option of the holder of this : Ote. Principal and interest payable in :awful money o" the United States. If action be instituted on this note I promise to pay such sum as. the Court may fix as attor- ne 's fees. This note is secured by a DEED OF TRUST to TITLE INSURANCE T?.usT ComPANY, a Cali- fornia corporation, as trustee. ATTEST: Mayor Acting City Clerk TO 417.1 CA (11.88) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY DO NOT DESTROY THIS NOTE 4RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO State of California Name Department of Transportation 3r» 120 South Spring Street Add,.,. City& LLos stet. Angeles, California 90012 r SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST AND ASSIGNMENT OF RENTS—SHORT FORM To 497 CA (11 -57) Jj This Deed of Trust, made this 15th day of October, 1975 between The City of Newport Beach, a municipal corporation a corporation organized under the laws of the State of California , herein called TRusroR, whose address is 3300 Newport Boulevard, Newport Beach, 92660 California (number and street) (city) (zone) (state) TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRUSTEE, and The State of California herein called. BEREFtCTARY, Wltnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POWER OF SALE, that property in Orange County, California, described as: For legal description see "Exhibit Atl attached hereto and by this reference made a part hereof. TOGETHER WITH the rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) of the provisions incorporated herein by reference to collect and apply such rents, issues and profits. For the Purpose of Securing: 1. Performance of each agreement of Trustor incorporated by reference or contained herein. 2. Payment of inI btedlwse evidenced by one promissory note of even dale herewith, and any extension or renewal thereof, in the principal sum of s43,1 35 a 50 executed by Trustor in favor of Beneficiary. To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delivery of this Deed of Trust and the note secured hereby, that provisions (1) to (14), inclusive, of the fictitioue deed of trust recorded in Santa Barbara County and Sonoma County October 18, 1461, and in all other Counties October 23, 1961,. in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, vie: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE Alameda 435 684 Kings 792 033 Planar 893 301 Sierra 29 333 Alpine 1 250 take 362 39 Plumm 151 5 Sisklyou 468 Ul Amodor 104 348 Lassen 171 471 Riverside 3005 523 Solone Im 192 Butt± 1145 1 Los Angles T2055 699 Saoamente 4331 62 Sonoma 1831. 689 Calavems 145 152 Madera 010 170 San Benito 271 383 Smsislous 1715 456 Co6..a 296 617 Morin 1508 339 San Bernardino 5567 61 S."er 372 297 Car. x Costa 3978 47 Mariposo 77 292 San Francisco A332 905 Tehamu 401 259 Del Norte 78 414 Mendocino 579 530 Son Joaquin 2470 311 Trinity 93 366 B Dorado 568 456 Merced 1547 538 San Luis Obispo 1131 12 Tulare 2294 275 Fresno 4626 572 Mad.0 184 851 Son Mateo 4078 420 Yuoluns" 135 47 Glenn 422 1B4 Mono 52 429 Santo Barbara 1078 860 Ventura 2062 306 Numisoldt 657 527 Monterey 2194 538 Santo Clara 5336 341 Yalo 653 243 Imperial 1091 501 Napo 639 86 Saner Crux 1431 494 Yuba 334 486 Inyo 147 598 Nevada 305 320 Shasta 694 528 Kern 3427 60 Orange 5889 611 Son Diego Series 2 Book 1961, Page 183987 (which provisions, identical in all counties, are printed on the reverse hereof) hereby are adopted and incorporated herein and made a part hereof as fully as though set forth herein a length; that it will observe and perform said provisions; and that the references to proparly, obligations, and parties in said provisions shall be construed to refer to the property, obligations, and parties set forth in this Deed of Trost . The undersigned Trustor requests that a copy of any Notice of Default and of any Notice of Sale hereunder he mailed to it at its address her inbefore set forth. STATE OF CALIFORNIA COUNTY OF Orange SS. On _before )::, the under- signed, a Notary Public in and for said State, personally appeared Donald A. McInnis known to we to be the Mayor `f 1ilmllE, and _ Doris George known to me to be &.% �i1$- 4'iCy�e.lk8di76Yw�Cof.,ihe -eer ion that executed the within Instr went, know me to be the perm who executed the within 1 tru ant on ehalf of the corporation th sin named, and acknowI dge o m .that such corporation execute the within instrument p on t'[o' s by -laws or a resolution of - s board of dir,eitors. Wi or Title Order Signa:we of Trustor The City of Newport Beach �, �j� acoipwation gy 1�.6i %O%r�EA'7 <r�l�- Mayor � > By =mow 7 Acting City erk ACEMBIX Lots 1, 2, 3, and Beach, as shown on map Maps, in said office. M EXHIBIT A 4 in Block 260 of River Section, Newport recorded in Book 4, page 25 of Miscellaneous EXCEPTING FROM said Lots 1, 3, and 4 all minerals, oil, gas and other hydrocarbon substances in, under that that may be produced from the above described land but without any right to enter upon or into or use the surface or the subsurface thereof above a depth of 500 feet measured from the surface of the ground, for any purposes whatsoever. FURTHER EXCEPTING the exclusive right and easement to slant drill, redrill, deepen, repair, maintain, complete, equip, operate and produce existing and future wells into and through the above described lands below a depth of 500 feet measured from the sur- face of the ground, and to bottom such wells either in the above described lands or in other lands, and to remove such wells or abandon them in place and the exclusive right to explore for, extract, produce and remove minerals, oil, gas, other hydrocarbon substances from the above described land (below a depth of 500 feet measured from the surface of the ground) and other lands by means of said wells, as reserved in the deed from Humble Oil & Refining Company, a Delaware corporation, recorded May 39 1963. 44 OFFICE OF THE CITY CLERK DATE January 3, 1975 TO: File SUBJECT: Deeds have been received. See Deed files See Cliff Drive View Park, File #1294, We; Kings Road View Park, File #2081. 0 ! November 5, 1974 TO: CITY MANAGER FROM: CITY CLEPY. SUBJECT: STATE RIGHT -OF -WAY PROPERTY (CHURCH SITE ON CLIFF DRIVE, TWO PARCELS ON KING'S BRAD AND TRIANGLE PARCEL IN WEST NEWPORT) Enclosed are original Note and Deed of Trust, which have been executed by the City, and the Director's Deeds, with attached acceptance documents, conveying subject parcels of land to the City. Please transrait said documents to the State Department of Transportation along with the City's check in the amount of $436,600. Please remind the State to return the original Deed to my office after it has been recorded. Laura Lagios LL:skb enc. (13) STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90054 _J October 29, 1974 07 -Ora -1 -18.6 Parcels No. 040468- 01- 01,,' ^" 041356- 01 -01, >j 057847- 01 -01, wZ 041246 -01-01 1"f R9( City of Newport Beach 1714 W. Balboa Boulevard Newport Beach, California 92660 Attn: Robert Wynn City Manager Gentlemen: Enclosed are original Note, Deed of Trust, and executed Director's Deeds conveying the parcels of.land to your agency. Please review the documents, attach the City's formal acceptance to the Director's Deeds and have the Note and Deed of Trust executed by the officer who has the authority to.commit the City to this encumbrance. Please return the documents and the City's warrant in the amount of $436,600.00. The Deed will be recorded and returned to you by this Department. If you have any questions, you may call me at 620 -2093. Very truly yours, EDWARD C. PURPUS Right of Way Agent Excess bands ECP:gmk Encls. .. if sss RECORDING REQUESTED E' Estate of California r Nom. str «t Adds, cttr a L Stay AND WHEN RECORDED MAIL TO 19392 0 L . Bd i f 2y3'rs - 790 RECORDED IN OFFICIAL RECORDS State of California OF ORANGE COUNTY, CALIFORNIA Dept. of Transportation 9:05 A.M. 120. So. Spring Street NOV 2.i 1974 Los Angeles, California LWYLIECARLYLE,CeuntyPinarder .Room 512 J SPACE ABOVE THIS LINE FOR RECORDER'S USE — TO 497 ca (11.67) CORPORATION DEED OF TRUST AND ASSIGNMENT OF RENTS —SHORT FORM ul�'vr.a -1 U4V400 —V1 —Vl This Deed of Trust, made this 31st day of October, 1974 between The City of Newport Beach, a municipal corporation a corporation organized under t:te laws of the State of California herein called TRUSTOR, whose address is 3300 Newport Boulevard, Newport: Beach, 92660, California (number and street) Icily) (zone) (state) TITLE INSURANCE AND TRUST COMPANY, a California corporation, herein called TRUSTEE, and The State of California , herein called BENEFICIARY, Witnesseth: That Trustor IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to TRUSTEE IN TRUST, WITH POKER OF SALE, that property in Orange County, California, described as: For legal description see "Exhibit A" attached hereto and by this reference made a part hereof. TO ACCOUNTING iiO -T RECEIVED BY _ ?ze..,_ - ,...— TOGETHER V ITI1 the rem,. ii %,ues and profits thereof, $I IBJECT, HONE\ ER, to the right, power and authority given to and conferred upon Beneficiary by paragraph (10) Of the provisions incorporated herein by reference to collect and apply such rents. issues and profits. For the Purpose of Securing: 1. Performance of each agrnenient of Trustor incorporated by reference or contained Iv,rein. 2. Payment ofj he indebtedness evidenced by one pramissor) note of even date herewith, and any extension Or renewal thereof, in the principal sum of $ 1 b�Gf)O • GG — executed by Trustor in favor of Beneficiary. _ To Protect the Security of This Deed of Trust, Trustor Agrees: By the execution and delicery of this Dced of Trust and the note secured hereby, that provisions (1) to (11), inclusiv!, of the fictitious deed Of tnl,t recorded in Santa Barbara County and Summa County October 18. 1961, and in all Other counties October 23. 1961, in the bssok and at the page of Official Records in the office of the county recorder of lire county where said property is located, noted below opposite the name of such county, viz.: COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY _ BOOK PAGE Alameda 435 684 Kings 792 833 islacer B95 301 Sierra 29 335 Alpine 1 250 lake 362 39 Plumas 151 5 Siskiyou 468 181 Amodor 104 348 Lassen 171 471 Riverside 3005 523 Solana 1105 182 Butte 1145 1 Los Angeles T2055 899 .Sacrame,xto 4331 62 Sonoma 1851 689 Calaveros 145 152 Madera 810 170 :ion Benito 271 383 Stunislaus 1715 456 Colvin 296 617 Maria 1508 339 `ion Bernardino 5567 61 Sutter 572 297 Contra Costa 3978 47 Mariposa 77 292 lion Francisco A332 905 Tehama. 401 289 Del Norte 78 414 Mendocino 579 530 San Joaquin 2470 311 Trinity 93 366 El Dorado 568 456 Merced 1547 - 538 San Luis Obispo 1151 12 Tulare 2294 275 Fresno 4626 572 Modoc 184 851 San Mateo 4078 420 Tuolumne 135 47 Glenn 422 164 Mono 52 429 Santa Barbara 1878 860 Ventura 2062 386 Humboldt 657 527 Monterey 2194 538 Santa Clara 5336 341 Yolo 653 245 Imperial 1091 501 Napo 639 86 Santa Cnrr 1431 494 Yuba 334 486 Into '147 598 Nevada 305 320 Shoo. 684 528 Kern 3.127 60 Orange 5889 611 San Diego Series 2 Book 1961, Page 183887 (which provisions, identical in all counties. are printed on the reverse hereof) hereby are adopted and incorporated herein and made 3 part hereof as fully as though set forth heroin at Ien;a L; that it will ob."ve anti perfu-ni =aid provisions; and that the references in property. obligation and partks in said provisions siml,l be n,mtrued b, refer to the property. uldi;:ations, and parties set forth in this Deed of Trust. The undersi -fined Tru >it r cequ,,ts that a copy O( any ;Notice of Default and of any Notice of Sale hereunder be mailed to it at its address herembefnre set forth. STATE OF CALIFORNIA Orange SS. COUNTY OF...__ -... _.__— OnC)Ctob9r ,31,- Iy_I''s_l,befnre me, the under - si red, a y, t u >' Publi, m and t r said Nate. p r>orally appeared �onald t Mclnnis of t o r` known to me to le, Laura I3vius kn - City -CIe ha_.... s'n it no! to be ,f th. , rl t..,_, n that cx,,uted the within Imtnmu ni, Ln.: w - -a b, ,!" to he nm p,.r >,•n. wild ex, utrd the witlliv inrtnun.-la On bol.a-f if the e rr p.aaii�m tbrr, is na nirJ. anrf arAm„s h•, ±!,J'o ale th;:. ah c,rpnral .,c rxrn:bvi tit, w:t]in instrument pm� uaet to it by -Jaws or a r, >oit Lion of it, board of directors. 0.I NESS my ha: ,l a „1 n ffetal seal Signature— .. Name (Tvp I or 14 inled 1�_ I isle Order No. __. _.. _ __ Signature of Trustor The City of Newport Beach a r, rration BysL+�..c��- �sG.L'art.��� _ Y Cler r .. r c '.. ......;f'f y !:77 4.I PARCEL 1: That portion of Book 29, pages 31 to office of the County Ex t t 293PG 791 EXHIBIT A Lot A of Tract No. 919, as per map recorded in 34, inclusive, of Miscellaneous Maps, in the Recorder of said county, described as follows: Beginning at a point on the Northwesterly line of the land described in a deed recorded in Book 607, page 57 of Official Records, in said office, as N 39° 43' 30" E, 310.40 feet from the Southwesterly line of said lot; thence N 390 43' 30" E, 333.53 feet parallel with the Southeasterly line of said lot to the Northeasterly line of said lot, which line is also the Southerly line of Ocean Drive, as shown on said map; thence N 500 15' 10" 17, 60.31 feet along said Southerly line of Ocean Drive to the beginning of a curve concave to the Northeast and having a radius of 50.00 feet; thence Northwesterly 32.16 feet along said curve; thence N 130 23' 50" W, 185.46 feet along the Southwesterly line of Ocean Drive to a point S 130 23' 50" E, 156.26 feet from the Southwesterly extension of the Northeasterly 'line- of Tustin Avenue, as shown on said map of Tract No. 919; thence S 390 43' 30" W, 500.09 feet parallel with the Southeasterly line of said lot; thence S 6610 00' 30" E, 242.90 feet to the Point of Beginning. EXCEPT the South 100.00 feet thereof. Said land is included within the area shown on a map filed in Book 10, page 27 of Record of Surveys, in said office. PARCEL 2: The Northwesterly 50.00 feet of the Northeasterly 150.00 feet of the Southeasterly 938.78 feet, measured along the Northeasterly line of the California State Highway of Lot A of Tract No. 919, as per map recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, in said office. Said land is included within the area shown on a map filed in Book 10, page 27 of Record of Surveys, in said office. . e . i. DO NOT RECORD The following is a cop, of pmvisians ('FWpa (14), lndasfve, of the fiditic us deed of frvs +: recorded in each co-.- -1.11 as stated in the fare- gain., Deed of Trust and i..- orparared by rsferenca in said Dead of Trost as being a pad ! hereof as if set for:b e! pin. To Protect the Security of This Deed of Trust, Trustor Anrees: (1) To keep said property fn good condition and repair; not to remove or demolish any building +hereon; to - I restore promptly and in geed and workmanlike manner, ony building which aray be constructed. damaged It destroyed there.. and " pay when d -_. - -iaima for labor performed and materials furnished therefor; to comply with all law: affecting said property or requiring any a:ferwions or improvemenri 'p be made thereon; not to commit or permit waste !hereof; not to commit, suffer or permit any It upon s o 'd properly in violation of law; to , cultivol ir-' -.:ice, ferelim, fumigate, prone and cur se do all other acts which from the character c u of .alit property maybe reasonably necessary, the specific enumemliar; -..rein not excluding the general. iy) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with less payable to BeneF Ci.:'.. Th. amount collected under any Fire or other insurance policy may be applied by Beneficiary upon Indebtedness secured hereby and in such order as Be ry may determine, or W option of Beneficiary the entire amount so collected or any part thereof may be released to Truster. Such epplimtion or release .'cll not cure or svaiva any default oI relic. of default hereunder a, invalidate any act done pursuant to such nenhus. (31 To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or pc�ers of Beneficiary or Trustee, and to pay all cash and expanses, including cost of evidence of title and attorney's fee, inn t eenerabie sum, in any such ec'.on or proceeding in which Berrefi- ciary or Trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessmenh affecting said properly including assess -tenth on appurtenant water stack; when due, all i mbrcnces, charges and liens, with interest, on said property ar any part thereof, which appear to be prior or superior hereto; all costs, fees and expanses of this Trust. Should Truster foil to make any payment or to do any act as herein provided, then Beneficiary or Tmstee, but without obligation sa to do and without notice to or demand upon Trust., and without releasing Trusfor from any obligation hereof, may = make or do the some in such manner Cod Ja such extent as either mcy deem n ossmy to protect %e security hereof, Beneficiary or Trustee being authorized to enter upon said property fur such purposes, appear in and defend any action or proceeding purporting to affect the security hereof or the rights at powers of 'Beneficiary W Trustee; pay, purchase, contest w compromise any incumbronce, charge or lien which in the judgment of either appears to be prior or superior hereto, and, in exercising any such pavan, pay necessary expenses, employ counsel and pay his reasonable fees. (51 To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of amP siolhur8 dt- the'arnoum ollawed by law in effect at the data hereof, and to pay far any statement provided for by low in effect at the data hereof regarding the obligation so- eased hereby any amount demanded by the Beneficiary net 1. exceed the maximum allowed by low of the time when said statement is demanded. (6) That any awed of damages In connection with any condemnation for public use of or injury to said property or any pert thereof is hereby as- signed and shall be paid to Beneficiary who m.. apply or release such moneys received by him in the same manner and with if. same affect as above,Pro- vided for disposition of proceeds of Are or other insurance. (7) That by accepting payment of any sum secured hereby after its due done, Beneficiary does not waive his right either W require prompt pephwM when due If all other sums so secured or to declare default for failure so to pay. (B) That at any time or from time to time, without liability therefor and without notice, upon written request of Beneficiary and presenfmion of this Deed and said note far endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustless may: convey any part of said property; consent to the making of any map or plot thereof; join in granting any easement thereon; w joip in any extension agreement or any agreement subordinating the lien at charge hereof. (9) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said nob to Truvee far cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held lroreanden. The recital, in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The grants in such reto"eyonce, may be described as "the person or persons legally entitled thereto." Five years after issuance of such full reconveyance, Trustee may destroy said note and this Deed (uele,a directed in such request to retain them). (10) Than as additional security, Truster hereby gives to and coolant upon Beneficiary the right, power and authority, during the contirwmrre of Itmse Trusts, to collect the rents, issue, and profits of said property, reserving unto Truster the right, prior to any default, by Truster in payment of any indebted ness secared hereby or in performance of pay agreement hereunder, to collect and retain such rents, issues and prafiifs as they become der and payable. Upon any such default. Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a usurp and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name aw for ., otherwiu .!tact such rents, issues and profits, including them past due and unpaid, and apply the same, less costs and expertise of operation and collection, Including reasonable attorney's Fees, upon any indebtedness secured hereby, and in such order as Beneficiary may dom mine. The entering upon and toktng posseashm of said property, the collection of such nenls, ba.. and wafins and itm application them rf w aforesaid, shall not sun w waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (11) That upon default by Truster in payment of any indebtedness secured hereby or in performance of ale agreement hereandw, Beneficiary may declare oil sums secured hereby immediately der and payable by delivery to Trust" of written declaration of default and demand for sale and of written .attce of default and of election to caw* to be sold said property, which notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Truson, this Deed, said note and .II documents evident ng expenditures secured hereby. After the lopes of such time as may then be required by law following the recordation of said notim of default, and notice of sale having been glean as then required by law, Trustee, without demand an Truster, shall sell said property W the ifine and place fixed by it fn said notice of sale, either, as a whole or in sep.rom Farads, and in such order It it may determine, of public auction to the highest bidder for msh in lawful money of the United Stabs, poyeble at time of sole. Trust. may Postpone sole o4 oil on any portion of said property by public announcement W such time avul,place of cuts. and from time to time thereafter may postpone such sale by public announcement of the time fixed by the preceding postponement. Trusts shall deliver to such yur• chaser its dead Isar fay the property s. sold, but without any covenant on worsanty, express w implied. The recitals to such deed of any, mWhre W facts shall be conclusive proof of the truthfulness thereof. Any person, including Truster, Trustee, or Beneficiary as hereinafter defined, may Purchase of such sale. After, deducting .11 costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connMion with sub, Trustees shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not than repaid, with accrued interest W the amount allowed by law, in affect at the data tarot, all other sum. then meurad hereby; and the remainder, if any, to the parson w persons legally entitled fheni (12) Beneficiary, or any successor in ownership of any indebtedness sec.red hereby, may from time to time, by instrument In wrFit ngg, wbelitub a successor or successors to any Trusts named herein w acting hereunder, which instrument, executed by the Beneficiary and duly ac and d recorded I. 1ha affce of the tecurder of the county w counties where said property Is situated, shall be conclusive Woof of proper aubstifution of cud+ aurYsmr Trustee or Trusties, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powan and duties. Said Instrument must contain the nom. of she original Ttuatw, Trustee and Beneficiary hereunder, the book and Page where this Dead is mawdad and the Hama and address of the Is, Trustee. (13) That thf. Dead p,f" to, inures to the benefit of, ad binds all parties beset., their hefn, legatees, devim.a, odminfabafws, asteauton, suetes. tors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the.note secured hereby, whether or not on as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender Includes " feminine andlw naoter, and the s(ngulw number includes the plural. (d That Trusts apes this Trust when this Thad, duly executed and acknowledged, is made o public record as provided by law. ary w Tr not obligated be to notify any Path hereto us pending sale under any other Dead of Trust or of any action or proceeding in which Trwfw, Beneficiary w Trusts shall be a party unless b aght by Treat". Nil 1 REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid. To TITLE INSURANCE AND TRUST COMPANY, TRUSTEE: Dated The undersigned is the legal owner and holder of all indebtedness secured by the within Deed of Trust. All sums secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terns of said Deed of Trust, to cancel all evidences of indebtedness, secured by said Deed of Trust, delivered to you herewith together with said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, the estate now held by you under the. same. MAIL REcoNVEYANCE To: Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. W Z� ��fl•' h rr. � W o a �'t ~yj e R V F 0 In Q - Qq U a P4 rw, H T1 W H m W _.. .._ .. l.+ p p J H F � f. a 0 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Recording Requested by [—DEPARTMENT OF TR1' NS.tF. ORTATiON� When Recorded Mail. to Name STATE OF CA.L IFOT,,tIT A. Street DEPARTMENT OF TRANSPORTATION Address City & Box 2304 Terminal Annex State I Tos Angeles, California. 90051 Ora -1 4o468 TITLE ORDER NO. TITLE OFFICER TO 430 CA (I-75) FREE RECORDING 12584 EXEMPT C4 RX I I 702pE F RDED IN O"'-KNAL Itl_'CORDS f�r'ttNGE COL:N Y, ^,LfFORNIA � I P M APR 121976 LIF CA�� r'� €, C un ty F-ecerder `52 SPACE ABOVE THIS LINE FOR RECORDER'S USE A.F.N. R-466387 Full Reconveyance Title Insurance and Trust Company, a California corporation, as duly appointed Trustee under Deed of Trust hereinafter :referred to, having received from holder of the obligations thereunder a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note or notes secured thereby having been surrendered to said Trustee for cancellation, does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the estate now held by it thereunder. Said Deed of Trust was executed by THE CITY OF NEWPORT BEACH, Trustor, and recorded in the official records of Orange County, California, as follows: REC. 11/25/74 AS INSTR. NO. 19392 IN BOOK/RXNX 11293 PAGE/Jm%cmx 790 I�M. Refer To Dc ,� d of Property In Witness Whereof, Title Insurance and Trust Company, as such Trustee, has caused its corporate name and seal to be hereto affixed by its Assistant Secretary, thereunto duly authorized on the date shown in the acknowl- edgement certificate shown below. Title Ansuranee "d Trust Company, as such Trustee STATE OF CALIFORNIA, l SS. Assistant Secretary COUNTY OF Los Angeles t On April 8, 1976 1 , before me, the undersigned, a Notary Public in and for said State, personally appeared L. G. Coffman , known to me to be an Assistant Secretary of TITLE INSURANCE AND TRUST COMPANY, the corporation that executed the foregoing instrument as such Trustee, and known to me to be the person who executed said instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same as such Trustee. WITNESS my hand and official seal. SI IIIc 1' ... i .I.E11IS3: lllit 1 1 _.I ,� Los al GE>_t"s ccurtTv my comrlis �_slon rxpires ,tan. 9, 1978 ...............................unulplaiii; IIII1111I{I11i11111IIIlIIt IIIIIi11IiI111ii1111111111111f ("Phis area for official notarial seal) W 1: Gam' Signature— (This ignature J TITLE INSURANCE AND TRUST ATICOR COMPANY Full Reconveyance of Property Covered by Deed of Trust From Title Insurance and Trust Company Trustee J TITLE INSURANCE AND TRUSS' ATICOR COMPANY COMPLETE STATEWIDE TITLE SERVICE WITH ONE LOCAL CALL TITLE INSURANCE AND TRUST ATICOR COMPANY a RWPE:BAUM 9 -16 -74 Written by:JD MC -617 Checked by:WBP DIRECTOR'S DEED OCT 1914 46 - . 4 SPACE ABOVE THIS LINE FOR RECORDER'S USE - AP 49 -14 -46 At Cliff Dr DISTRICT COUNTY ROUTE - POST MILE NUMBER 07 ORA 1 18.6 DD 040468 -01 -01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF NEWPORT BEACH, a municipal corporation -- - -- -- - - -- - - - - --- ----------- ---- - - -- -- ----- - - - - -- -------------------------------------------------------------------------- ---- --- ------------- --- -- -- ---- - -- all that real property in the ----------------- City_of_Newport B County of- --- __Orange- __- _- _- ---- _- _-- _ - -__ -- State of California, described as: PARCEL 1: That portion of Lot A of Tract No. 919, as per map recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at a point on the Northwesterly line of the land described in a deed recorded in Book 607, page 57 of Official Records, in said office, as N 39° 43' 30" E, 310.40 feet from the Southwesterly line of said lot; thence N 390 43' 30" E, 333.53 feet parallel with the Southeasterly line of said lot to the Northeasterly line of said lot, which line is also the Southerly line of Ocean Drive, as shown on said map; thence N 501 15' 10" W, 60.31 feet along said Southerly line of Ocean Drive to the beginning of a curve concave to the Northeast and having a radius of 50.00 feet; thence Northwesterly 32.16 feet along said curve; thence N 130 23' 50" W, 185.46 feet along the Southwesterly line of Ocean Drive to a point S 13° 23' 50" E, 156.26 feet from the Southwesterly extension of the Northeasterly line of Tustin Avenue, as shown on said map of Tract No. 919; thence MAIL TAX STATEMENTS TO: City of Newport Beach City Hall Newport Beach, California 0 S 390 43' 30" W, 500.09 feet parallel with the Southeasterly line of said lot; thence S 610 00' 30" E, 242.90 feet to the Point of Beginning. EXCEPT the South 100.00 feet thereof. Said land is included within the area shown on a map filed in Book 10, page 27 of Record of Surveys, in said office. PARCEL 2: The Northwesterly 50.00 feet of the Northeasterly 150.00 feet of the Southeasterly 938.78 feet, measured along the Northeasterly line of the California State Highway of Lot A of Tract No. 919, as per map recorded in Book 29, pages 31 to 34, inclusive, of Miscellaneous Maps, in said office. Said land is included within the area shown on a map filed in Book 10, page 27 of Record of Surveys, in said office. Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this.ss?y.�f day of---- - - - - -- 41 C� ...... 19- _ -r7.• I rpPROVE- W t C3� � A:;: i'IBOCia"tURE 4 , _ C H1 tir .c t DEP td:tt7 OF TA7:I +SPOATA710N STATE OF CALIFORNIA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Howard C. U11rich, DIRECMR of TRANSPOATATION ` }3y Attorney in Fact ss. COUNTY OF SACRAMENTO 1 r On this __day of in the year 19> f, before me, . ------ X_A" _ ` CCGg a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared -------- _B- W�_$ OLE$ ---- _ -------------- ,------- ,- ------------- .------------------ „ -known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of.___. ,1;70 -r;ar --- g- -- -Aa-1— ,}}-��,- ----------------------------------- Director of Transportation of the State of California, and known to me to be the person wv o executed the within instrument onn,,b alff f- tlbe0Vte of California, and he acknowledged to me that he subscribed the name of _.._.._ G4`.__ 1_____-___.______ __..__._____.______._.__.____as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my hand and official seal. J. L. KROEG R A E Ail + n c r Ap:.+ V. 1979 a ______. __._ _ ___ _ _. ._.. .----------------------------- .... ,.n.. ... .........,.,,,: .......�W....:....�.. -.F N yPu6lic 1110 N Sf.' t socma ata CA. 95211 THIS IS TO CERTIFY That the California High- way Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the ___._i6.th----- day of ------- . 0 _Ctober-- -_ --- ------------- —, 19.74 -..., in the City of ______._..Sacramento Dated t1:::Zth--- ay off ------- 0c. tobber.. 19 79_.. c F1e Ca]iforrua.Hi,�vay Ccm� ssioa RWPE :BAUM 9 -13 -74 Written by:JD Checked by:WBP DIRECTOR'S DEED OCT 1974 -17 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE AP 49- 222 -53 At Kings Road DISTRICT COUNTY ROUTE POST MILE NUMBER 07 Ora 1 18.2 DD 041246 -01 -01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF NEWPORT BEACH�__a__municipal__ corporation___-______ _- ___-- __.__- .___-- ..__------ . -_ property . I all that real ro n the — City of Newport Beach - - - -- ------------------------------- --- --- -- - - - --- ----------- --- ------ --- -- -- ----- --- -- - - -- -- ---------- --- -- -- -- County of- ------- ---- Orarie ----------- _ _ _ , State of California, described as: Lot 9 of Tract No. 1221, as shown on map recorded in Book 41, page 11 of Miscellaneous Maps, in the office of the County Recorder of said county. MAIL TAX STATEMENTS TO: City of i'ewport Beach City liall Newport Beach, Calif. FORM HRIW353(REV. 7.731 asr. waa. u+.a.aoo s-7i anM Q1Q9N ..(w, .. 46 of Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, day of -------- C��" APPROVED U TO FORM AND PROCEDURE 1 DEPARTMENT OF TR""ZPORTATIO$ STATE OF CALIFORNIA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION novrard 0.. UlnriO4 DmECIOR OF TRANSPORTATION i By Pow 1i Attu yin Fact t ss. COUNTY OFfS�CRAMENT / 1 On this�_7 .... ..day of ! !� y �y ', 1. I640.. GAR m the year 19.. . ,before me, - _ a Notary Public in and fq� th of California, residing therein, duly commissioned and sworn, personally appeared._.--- _._..._ -...._ R_--!'�e_� . ................................. .known to me to be the person whose name is subscribed to the within instrument as the Attorney in Fact of ...... ?'+ov drd.- L'...iR �• #Q ----------------- ............. , Director of Transportation of the State of California, and known to me to be the person who executed the within instrument on behalf of the State of California, and he acknowledged to me that he subscribed the name of Howard C. U3.1Tlol1 - ---- ----------------- - - ... as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my hand and official seal J. L. KROEGER t NOTARY IJE'IC— CALIFORNIA COUNTY 0 ec',r.isi.n Espirae Aprl 17, 1978 ...__....-`-..-.__..__------------- �.—...., m.....,,,._„ m..,... m- .,.....,mmmmm.,�,,,..,...m..m t y u .... oP Sccro¢ento, CA. 9:814 .THIS IS TO CERTIFY That the California High- way Commission has authorized the Director of Transportation to execute the foregoing deed at its • meeting regularly called and held on the ... 1C?th....... day of ........ 0. et.. obe. r .............................. 19 ... .7,4.., in the City of ........ .. - --- Sacramento .............................. . ..... Dated thZ4th ..�Occtober . . 7_ _ 4 HAROLD A. RICHARD Assistant See_*etary of the California.Hikhwuy. Commissim.....:::; ,; c. RWPE:BAUM 9 -13 -74 Written by :JD Checked by :WBP DIRECTOR'S DEED OCT 1974 48 ft SPACE ABOVE THIS LINE FOR RECORDER'S USE AP 49- 222 -52 At Kines Road DISTRICT COUNTY ROUTE POST MILE NUMBER 07 Ora 1 18,2 DD 041356 -01 -Ol The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF NEWPORT BEACH a_municipal_ _corporation____- _ --------------- _ I _, all that real property in the---- City__of _Newport ___Beach _- - ------ - - - - - -- ----------- -------------- County of ---- _ ---- Orange ---------- _ ___.___ State of California, described as: Lot 8 of Tract No. 1221, as shown on map recorded in Book 41, page 11 of Miscellaneous Maps, in the office of the County Recorder of said county.. MAIL TAX STATEMENTS TO: City of IQewport Beach City Hall Newport Beach, Calif. to ft Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this --- i;y day - - ------ - --- 77 APPROVED AS TO rOr%! 1410 PROCMURi 0EPART1,10iT OF TWUN.-FORIAT0 STATE OF CALIFORNIA '- . DEPARTMENT OF TRANSPORTATION DinEcToR OF TRANSPORTATION,1 By Awmey in Fact STATE OF CALIFORNIA COUNTY OF SACRAMENTO On thiO-ZA _day of_Ode&�........... in the year 19zq before me, ------ A....L --- 0E.GE.R .. --- .......... ........ --- -- - ----- -- ­.- a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared - - - — ------- &..)K._B0LE5 - ----- ­ ... ........ ----------- ­­­ - - ------ ---- --------- known tome to be the person whose name is subscribed to the within instrument as the Attorney in Fact -------------------------------- I Director of Transportation of the State of California, and known to me to be the person wbo'executed the within instrument on behalf of the State of California, and he acknowledged to me that be subscribed the name of --------- -_ - - R009=A ... C4 --- lJ3_3X.3'.C]L . . ........... .................. ..._.- .....as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my hand and official seal. J. L. KROEGER ':7a Y NO-APY PL2LIC-CAWORNIA Co'!;;Ty VQrV Public Aly A:.,:; 17, 7974 1120 N Stluct- Socmnrentq CA, 9f874 THIS IS TO CERTIFY That the California High- way Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the ...... 16th ----- day of ------------ Oictlaher.. ------------------------ 19.74 -_, in the City of -- ---- --- -- aaC_r2MeTLt0____ ----- -------- -------------------_ Dated this-Z4-th. y o --- ---- 0.C_t_Q_b..!ZX! ------- --- 4. r"o X-- --------- -- --- - ----- HAROT D A. RICHARD Assistant Secretary of the California Highway Commission -- - RWPE:BAUM 9 -16 -74 Written by:JD MC -616 Checked by:WBP DIRECTOR'S DEED OCT 191V4 49 0 SPACE ABOVE THIS LINE FOR RECORDER'S USE AP -45 -113 -1,2,3 61st St and Newport Shores Dr DISTRICT COUNTY ROUTE POST MILE NUMBER 07 ORA 1 20.2 DD 057847 -01 -01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to THE CITY OF NEWPORT BEACH, a municipal corporation City of Newport Beach all that real property in the - - --------------------- --- ---- ---- ---- ---------- --- - -- County of_- _ Orange State of California, described as: Lots 1, 2, 3, and 4 in Block 260 of River Section, Newport Beach, as shown on map recorded in Book 4, page 25 of Miscellaneous Maps, in said office. EXCEPTING FROM said Lots 1, 3, and 4 all minerals, oil, gas and other hydrocarbon substances in, under and that may be produced from the above described land but without any right to enter upon or into or use the surface or the subsurface thereof above a depth of 500 feet measured from the.surface of the ground, for any purposes what- soever. FURTHER EXCEPTING the exclusive right and easement to slant drill, redrill, deepen, repair, maintain, complete, equip, operate and produce existing and future wells into and through the above described lands below a depth of 500 feet measured from the surface of the ground, and to bottom such wells either in the above described lands or in other lands,.and to remove such wells or abandon them in place and the exclusive right to explore for, extract, produce and remove minerals, MAIL TAX STATEMENTS TO: F I A City of Newport City Hall Newport Beach, Beach California i' of 46 oil, gas, other hydrocarbon substances from the above described land (below a depth of 500 feet measured from the surface of the ground) and other lands by means of said wells, as reserved in the deed from Humble Oil & Refining Company, a Delaware corporation, recorded May 3, 1963. a 00 to Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this.!?y_ day of ------- Q---- ,19_X_Z. APPROVED AS TO p1D pg00EDURE AT T'_IVte�V DEPARTMENT 0E TCcAggORTATION i. STATE OF CALIFORNIA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION s . Hctitu ^d C. Ullrich I . r DmEc-ron OF TanNSFOa &no.,T� 11 By I 2W Alfemee in FOCI r ss. COUNTY OF SACRAM��EgqNT t ``l On thisdS-.Z_.......da ofVeA)6...�'_ _.-- % .�. L KROEGER y - --- ---> m the year 19....`�,, before me, ---- ----=- ° ..:................... ............. a Notary Public in and for the State of California, residing therein, duly commissioned and sworn, personally appeared_..._. ...... _... -_R.. W._B 'PLE� _..._.....kn to me to be the Qerson whose name is award Ce subscribed to the within instrument as the Attorney in Fact of .......... ....... .................__t!�.......... .... ........................... Director of Transportation of the State of California, and known to me to be the person who executed the within instrument on behalf of the State of California, and he acknowledged to me that he subscribed the name of ......... __ ... I 901 gr d-... ______________ ____________ __ __________ _ ___as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my band and official seal. L. KROEGER eNOTARY PUCLIC— CALIFORNIA SACRAMENTO COUNTY ,e5 My Com.;.bn Expires April 17 „1978 i �+. �.... r+... a �. �. • .,.., . �.. 1120 N Slreel, Sxromenlo, C.A. 95814 mry Pubfie THIS IS TO CERTIFY That the California High- way Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the.....16.0h, - - -- day of ............. OCtobeT...... _- ------------ ,,, 1914 ..... in the City of--- ..............S a c. r. a m.ent.o. ................. .... Dated this .... 2.4�tt.hdday ''of .... QCto.b.e.r ....... ..., 1 .74„ HAROLD A. RICHARD Assistant Secrea ry of the California Highway Commission O 0 v N •i O -G a h Z 0 f 0 p O CC�+), o QQ m y m m m n O 0�. C to IS-0 s % c(D (D .n ct. 0 � O O O m O y �•1 s 0 I'S ct ct. '• O W O Cy m w m•.,. c zbO 3 ' o e. m C' E p ."s • yd .P. . �� �B p' + Ft3 • O n 19fG 'h .i :3' O 'S a cr I,t P m - O +m(1) t,r o J ro a 0fn o000 o r. C) , • O w m ct O ct, co O m m tZ `1.ra y J 0. CL O m O m O O o c m r 0. 0 O r (D O A z "fix P•° 4k am m w Z 2 N O 110 ct ct Fh y w 2 b O "yU 40 1 am °' om j c n . D ' a � y M y tnm 0.0 ±G' a 2,". o m P. C m o °I y o o m H ��yptn ow EP' o 5 d a CA m y P, P P. ct ' m m y t=7 pq m 1 W 'S P. v td�t m z >tra b' o°u i w i o m ZI K f]� o m K Sk 1 ru 1 0 `,.0 nr y ^O+ H. O tJ•'� i b�AmhS FL w °�"�• ro m° C w yio F.. ' 1 . iN }� Qo t O i { t i �i 1t 1 I } W } s Memorandum TO Attn: 0 : W. J. Kenney - 07 W. J. Kanaly Excess Land Sales From : Department of Public Works —Legal Division "Usiness and Transportation Agency Date: October 24, 1974 File: ORA -1 E. A. 911037 Parcels 40408 41240, 41355 & 57647 Subject. Roderick Spencer, et al., vs. State of California Orange County Superior Court No. 219081 As you requested today the following is the current status of the above - entitled matter. I have been advised by the plaintiffs' attorney that they will dismiss this action, stating as the reason they have worked out some agreement between the plaintiffs and the city concerning the continued use by the church of the property. In view of this, the plaintiffs' attorney is obtaining written authorizations to him to dismiss this action. When he receives such authorizations, he will file the dismissal with the court and forward a copy to me. I hope to have this by the first of next week, but this attorney is somewhat slow in handling matters. At the present time, there is no restriction or injunction which would preclude the state from proceeding to consummate the sale to the city of Newport Beach of these properties. While there was a hearing in an attempt to obtain temporary restraining order, such has never been issued as the plaintiffs have not complied with the prerequisite terms. The hearing for a preliminary injunction scheduled for today has also been taken off calendar by the plaintiffs. I understand that the state intends to complete this transaction next Tuesday and at this point of time, there is no reason why this cannot be done. Elbert E. Hensley Attorney EEH:na EIMIBST A PARCEL 1: That portion of Lot A of Tract No. 9190 as per map recorded in Book 29, pages 31 to 342 inclusive, of Miscellaneous Maps, in the office of the County Recorder of said_oounty, described as follows: Beginning at a point on the Northwesterly line of the land described in a deed recorded in Book 607 page 57 of Official Records, in said office, as N 390 43' 30" E, 310.40 feet from the Southwesterly line of said lot; thence N 39. 43' 30" E, 333.53 feet parallel with the Southeasterly line of said lot to the Northeasterly line of said lot, which line is also the Southerly line of Ocean Drive, as shown on said map; thence N 500 15' 10" W, 60.31 feet along said Southerly line of Ocean Drive to the beginning of a curve concave to the Northeast and having a radius of 50.00 feet; thence Northwesterly 32.16 feet along said curve; thence N 13° 23' 50" w, 185.46 feet along the Southwesterly line of Ocean Drive to a point S 130 23' 50" E, 156.26 feet from the Southwesterly extension of the Northeasterly line of Tustin Avenue, as shown on said map of Tract No. 919; thence S 399 43' 30" W, 500.09 feet parallel with the Southeasterly line of said lot; thence S 610 00' 30" E, 242.90 feet to the Point of Beginning. EXCEPT the South 100.00 feet thereof. Said land is included within the area shown on a map filed in Book 10, page 27 of Record of Surveys, in said office. PARCEL 2: The Northwesterly 50.00 feet of the Northeasterly 150.00 feet of the Southeasterly 938.78 feet, measured along the Northeasterly line of the California State Highway of Lot A of Tract No. 919, as per map recorded in Book 29, pages 31 to 340 inclusive, of Miscellaneous Maps, in said office. Said land is included within the area shown on a map filed in Book 10, page 27 of Record of Surveys, in said office. PURCHASE ORDER No .Q2 -9..6. INVOICE IN b THIS IS ORCHER NEWPORT BWCH H . - NIJAI APPEAR ck. Au- Imin AR PING kroTicits. Btu - SM*NEWPORT BOULIVARD ,_NG., EXPRESS 'ItEc VENDOR ,F*— State if Lalifornia Auept. of Traps.portation District 7 rn;-Z-.J Afvnex 673-21 IGATE ivar orcliase OT prof r-rty for parks as f-2r ccntract I601,;u0.00 Ontract L-11660 Resolution 3,344 IMPORTANT CITY OF NEWPORT BEACH The Articles Covered by this Purchase Order or Contract must co, form with the Safety Orders of the State of California, Division I". �,,, 27774'7037 6 0 1 6 OU t J of Industrial Safety. Show as a separate item any retail sales tax, use tax or Federal tax applicable to this purchase. This order subject to California sales tax. D. W. MEANS All allowable transportation charges must be prepaid and shown as a separate item on the invoice. Do not include Federal transporta- PURCHASING AGENT lion tax. DEPARTMUff COPY ..... . . . .... ... i E CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W, Newport Blvd. Area Code 714 673 -2110 DATE SamtMb= 5. 1974 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 0-1660 Description of Contract purl~ of Property for Darks Authorized by Resolution No. 8344 adopted on 8-274 Effective date of Contract _Aum t 30, 1974 Contract with Addres lne Angeles. to 90054 Amount of Contract $601.600.00 i August 30, 1974 07 -Ora -1 Parcels 57847. 40468, 41246 and 41356 Department of Transportation P. O. Box 2304 Terminal Annex Los Angeles. California 90051 Attention: Edward C. Purpus, Excess Land Enclosed is a fully executed copy of the agreement for purchase of Parcels 57847, 40468, 41246 and 41356 by the City of Newport Beach for the appraised value of $601.600.00. The City's acceptance of the State's offer to sell said parcels was authorised by the adoption of Resolution No. 8344 by the City Council on August 26. 1974. A certified copy of the resolution is also enclosed. Doris George Deputy City Clerk dg Encl. (2) cc: City Manager City Attorney i i STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY RONALD REAGAN, Gar,,w, y DEPARTMENT OF TRANSPORTATION DISTRICT 7, P.O. BOX 2304, LOS ANGELES 90051 August 9, 1974 07 -0ra -1 Parcels 57847, 40468, 41246, and 41356 City of Newport Beach 330 Newport Boulevard Newport Beach, California 92660 Attn: Mr. Robert L. Wynn City Manager Gentlemen: The Department of Transportation hereby offers to sell the above - referenced property to the City of Newport Beach for the appraised value of $601,600,00. The following portion of this letter when the duplicate copy is executed and returned by you with a Resolution from the City Council will constitute the agreement for the purchase. This Resolution must indicate that this property will be purchased for public purposes. The description of the public use must be specified in said Resolution. In the absence of the foregoing Resolution a clause will be added to the Director's Deed restricting the property to a public use. This transaction will not be processed for the California Highway Commission approval until the duplicate copy of this letter is fully executed and returned with above Resolution. The City of Newport Beach hereinafter known as purchaser, offers to purchase from the California Department of Transportation that certain property referred to above for the State's appraised value of $601,600.00. The amount of $436,600.00 will be paid by the City to the State upon demand. The balance of $165,000.00 will be subject to a Trust Deed and Note to be executed by the City covering payments of principle and interest at 7% per annum for a period of 5 years. Please indicate exactly how title i% to be vested: City of Newport Beach, a municipal corporation It is expressly understood by the purchaser that the right, title and interest in the property to be transferred by this sale shall not exceed that vested in the State of California and that no Policy of Title Insurance will be furnished or escrow fees paid by the State of California in this transaction. , w 0 ' City of Newport Beach Page 2 August 9, 1974 It is further understood that the purchaser shall not have use of the property until a Directors Deed has been recorded. The purchaser agrees to the above terms and conditions of sale. Place of execution Newport Beach Date of execution August 3. , 1974 ATTEST- z. City Clerk CITY OF NEWPORT BEACH By��Mayor Authorized a �'� cer who as the authority to commit the City of Newport Beach to the acquisition of this property. The terms and conditions of the above offer are hereby accepted subject to the approval of the California Highway Commission. For Department of TranspdMation EDWARD C. PURPUS Right of Way Agent Excess Land Sales ECP:gmk Encls. CIS OF NEWPORT PACH MEMORANDUM: From ROBERT L. WYNN, CITY MANAGER To ..... CITY CLERK CL.ERK . ................. ... . ----- Augu.st_11. ................. Please have Mayor sign original letter and send it along with a copy of the resolution to Department of Transportation. Please do not confuse with leasing of Coast Highway parking lot. Reply wanted Reply not necessary p Na 70 Thank you PL 18.7.4... RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING THE OFFER BY THE STATE DEPARTMENT OF TRANSPORTATION TO SELL A11� ?� X9 %4 CERTAIN STATE -OWNED PROPERTY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE By the CITY COUNCIL NECESSARY DOCUMENTS TO CONSUMMATE THE PURCHASE H 2 � CITY f* 4+0wwwgr RW.-H WHEREAS, the California Department of Transportation by letter dated August 9, 1974, has offered to sell certain State -owned property to the City of Newport Beach for the appraised value of Six Hundred and One Thousand Six Hundred Dollars ($601,600.00); and WHEREAS, said property is located in the City of Newport Beach, and is generally described as Department of Transportation Parcels 57847, 40468, 41246 and 41356; and WHEREAS, the terms of the sale require the City to pay the amount of Four Hundred and Thirty-Six Thousand Six Hundred Dollars ($436,600.00) to the State upon demand; the balance of One Hundred and Sixty -Five Thousand Dollars ($165,000.00) will be subject to a Trust Deed and Note covering payments of principal and interest at 7% per annum for a period of five (5) years; and WHEREAS, the City Council believes it to be in the best interest of the City to purchase said parcels to be used by the general public specifically for parks, recreation and open space; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby accepts the offer of the State Department of Transportation to sell Parcels 54847, 40468, 41246, and 41356, upon the terms and conditions expressed in the letter from the Department of Transportation dated August 9, 1974; BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign a duplicate copy of said letter, on beh:jlf of the City of Newport Beach, which shall constitute the acceptance by the City of the State's offer to sell said parcels for the appraised value of $601,600.00; -1- BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute a Trust Deed and Note for the balance of the purchase price, that is, $165,000.00, payable over a period of five (5) years at an interest rate of 7% per annum. ADOPTED this 26th day of August, 1974. ATTEST: City Clerk Mayor -2- s DDO:mh 8/20/74 i� . . ��: „__.