HomeMy WebLinkAboutC-1922 - License agreement for 1500 E. Coast Highway0 G
oe CITY OF NEWPORT BEACH
CALIFORNIA
DATE Nay 23, 1977
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1922
Description of Contrect Liaanse Agreement
City Ilall
3300 W. Newport Blvd.
Area Code 714
Authorized by Resolution No. 9064 , adopted on April 25. 1977
Effective date of Contract May 190 1977
Contract with Saymoud and Clara Z. AnUAg
Address 1500 E. Coast Highway
Newport Beach. CA 92660
Amount of Contract
City Clerk
May 19, 1977
Ken Perry, Public Works, took the copies for Amlings and for the
Public Works Department.
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LICENSE AGREEMENT
At THIS AGREEMENT made and entered into this
day oe 1977, by and between the
CITY OF NEWPORT BE H, a chartered municipal corporation
(hereinafter "City "), and RAYMOND AMLING and CLARA Z. AMLING
(hereinafter "Amling ");
W I T N E S S E T H:
WHEREAS, The Irvine Company proposes to grant an
easement to the City of Newport Beach for street and highway
purposes over real property situated in the City of Newport
Beach, County of Orange, State of California, located on the
northerly side of Pacific Coast Highway between Jamboree Road
and MacArthur Boulevard; and
WHEREAS, Amling is a Lessee under an unrecorded
Lease dated December 30, 1965, with The Irvine Company as
Lessor, covering a portion of said property as more particularly
described in the attached legal description marked Exhibit "A"
and as depicted on the attached map marked Exhibit "B ", both
exhibits which are made a part herein by this reference; and
WHEREAS, City is desirous of granting to Amling a
license to continue to occupy the property which is the subject
of said Lease Agreement with The Irvine Company without obligation
to pay rent until such time as said easement for street and
highway purposes is required for the widening of Pacific Coast
Highway, or until said Lease Agreement is terminated, whichever
occurs first.
, in consideration of the mutual promises
herein contained, the parties hereto agree as follows:
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1. City hereby grants to Amling a license to
occupy and use the property which is the subject of the
Lease Agreement between Amling and The Irvine Company dated
December 30, 1965, without obligation to pay rent to City for
said license.
2. Said premises shall be used by Amling solely
for a commercial landscape nursery and for incidental purposes
related thereto.
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3. The term of this agreement shall coincide with
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fothe term of the Lease Agreement between Amling and The Irvine
aN Company and any extension thereof or until such time as said
property is required for street widening purposes, whichever
F
t shall occur first.
4. City reserves the right to revoke this License
Agreement at any time, with or without cause, upon giving
Amling one hundred and eighty (180) days' prior written notice
of its intent to revoke.
5. Amling shall not assign its interest in this
License Agreement and any attempt to do so will result in an
automatic revocation of this license.
IN WITNESS WHEREOF, the parties have executed this
agreement as of the date first above written.
ATTEST:
L e
City Cler
APPROVED AS TO FORM:
City ttorney CA
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CITY OF NEWPORT BEACH
)M icipal Corporation
ayor
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DDO /bc
5/3/77
• EXHIBIT "A" •
Real property situated in the City of Newport Beach, County of
Orange, State of California, described as follows:
That portion of Block 55 of Irvine's Subdivision, as per map
filed in Book 1, page 88 of Miscellaneous Record Maps, records
of said County, bounded on the Northwest and Southeast by the
Northwesterly and Southeasterly lines of the land described
in that certain unrecorded Lease dated December 30, 1965 by
and between Raymond and Clara Z. Amling and The Irvine Company;
on the Southwest by the Northeasterly right of way line of the
East Pacific Coast Highway as it now exists; and on the North-
east by the following described line:
Commencing at the Southerly corner of said Block 55; thence
North 49 °27127" West 562.51 feet along the Southwesterly line
of said block; thence North 40 °32133" East 49.90 feet to the
Southerly corner of said Amling land; thence continuing North
40 °32133" East 34.00 feet along the Southeasterly line of said
land to a point on a non - tangent 2084.00 foot radius curve that
is concave Southwesterly, said curve being concentric with the
2000.00 foot radius curve in the centerline of East Pacific
Coast Highway as described.in the deed recorded in Book 1755,
page 437, Official Records of said County and the TRUE POINT
OF BEGINNING, a radial to said point bears North 39 °58'48"
East; thence Northwesterly 291.79 feet-along said curve through
a central angle of 8 °01120" to the Northwesterly line of said
land.
EXHIBIT "B" •
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PO,QT /ON OF ffLOCK 55 OF
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SGY CO(' f3L,K 55
THE IRVINE COMPANY PROJECT:
EAST PIlC /F /C COAST </
530 NEWPORT CENTER DRIVE • (714) 644.3011 G(/Y.
NEWPORT BEACH. CALIFORNIA 92660 TITLE: F45EMEINT /°Gar
DWN. BY 6,314 DATE 3' 17 SHEET / - OF •�
tip REVISED Br GATE CKD. BY('p,Q BASE MAP 2 FILE NO,
EXHIBIT "B"
A
RESOLUTION NO. 9 06 4
6
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ACCEPTING A GRANT OF EASEMENT
FROM THE IRVINE COMPANY IN CONNECTION WITH THE
DEDICATION OF A STRIP OF LAND FOR STREET PURPOSES
ALONG THE NORTHERLY SIDE OF THE PACIFIC COAST
HIGHWAY BETWEEN JAMBOREE ROAD AND MACARTHUR BOULEVARD,
AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
LICENSE AGREEMENTS IN FAVOR OF AMLING'S NURSERY
AND THE BANK OF NEWPORT y
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Grant of Easement from
The Irvine Company in connection with the dedication of a
strip of land for street purposes along the northerly side of
the Pacific Coast Highway between Jamboree Road and MacArthur
Boulevard; and
WHEREAS, there has also been presented to the City
Council of the City of Newport Beach License Agreements in
favor of Amling's Nursery and the Bank of Newport in connection
with the above - described dedication of property;. and
WHEREAS, the City Council has reviewed the terms and
conditions of said Grant of Easement and License Agreements and
finds them to be satisfactory and that it would be in the best
interest of the City to authorize the Mayor and City Clerk to
accept said Grant of Easement and execute the above - described
License Agreements;
NOW, THEREFORE, BE JT RESOLVED by the City Council
of the City of Newport Beach that said Grant of Easement is
hereby approved and accepted, and the Mayor and City Clerk are
hereby authorized and directed to execute the aforementioned
License Agreements on behalf of the City of Newport Beach.
ADOPTED this 25th
ATTEST:
City Clerk
day of April , 1977.
Mayor
DDO/bc
4/25/77
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