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Home My WebLink AboutC-2006 - Land purchase of City owned property, Bay Avenue between 18th & 19th StreetsJuly 24, 1978 Gerry Bolint, Administra Assistant to the City Manager, stated that he had sent c 3es of.this agreement to 4"hine Fulton and Mr, and Mrs, Charles Straub. CITY OF NEWPORT BEACH CALIFORNIA DATE July 24, 1978 TO: FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 2006. City [tan 3300 W. Newport Blvd. Area Code 714 Description of Contract Land Purebase Agreement for property on Bay Avenue Authorized by Resolution No. 9288 , adopted on March 13, 1978 Effective date of Contract July 21, 1978 Contract with Josephine Fulton and Charles 6 Pearl Straub Address 1819h Bay Avenue Newport Beach Amount of Contract $105,000 City Clerk a 0 LAND PURCHASE AGREEMENT • THIS AGREEMENT made this yday of July, 1978, by and between the CITY OF NEWPORT BEACH, a chartered municipal corporation (hereinafter "CITY ") and JOSEPHINE FULTON (hereinafter "FULTON ") and CHARLES and PEARL STRAUB (hereinafter "STRAUBS "). RECITALS WHEREAS, City is the owner of a certain parcel of real property located on Bay Avenue between 18th and 19th Streets in the City of Newport Beach; and WHEREAS, Fulton and Straubs have for some time and are currently each leasing a separate portion of the City property from the City of Newport Beach; and WHEREAS, Fulton and Straubs both own in their own right separate parcels adjoining the City -owned parcel; and WHEREAS, Fulton and Straubs have expressed an interest in purchasing their respective portions of the City -owned property under lease; and WHEREAS, the City Council has determined that it would be in the best interest of the City to sell the City -owned property to Fulton and Straubs and to that end has had the proper- ty appraised by a qualified appraiser; and WHEREAS, the appraisal report set an amount of One Hundred and Five Thousand Dollars ($105,000.00) as the fair market value of said property; and 0 E WHEREAS, Section 1402(c) of the Newport Beach City Charter authorizes the sale of this parcel; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. Fulton and Straubs shall process a resubdivision and parcel map with the City, combining their lots with that portion of the City lots under lease as more particularly described in the attached Exhibits marked "A" and "B" and made a part herein by this reference in order to form two (2) separate parcels. It is understood that a field survey will be required for preparation of the parcel map. 2. City agrees to be a party to the resubdivision. Any costs incurred as a result of processing and resubdivision shall be borne as follows: City - 50% of costs Fulton - 25% of costs Straubs - 25% of costs 3. Upon completion of the resubdivision and recordation of the parcel map, City agrees to sell to Fulton that portion of the City resubdivided property described in Exhibit "A" and to Straubs that portion of the City resubdivided property described in Exhibit "B" connecting their respectively owned parcels. 4. The total purchase price for the sale of the City- owned property shall be One Hundred Five Thousand Dollars ($105,000.00) with Fulton and Straubs each paying a proportionate share thereof, depending upon a pro ratio of the area of the land purchased. S. Said total purchase price is due and payable in cash to be deposited with the City Finance Director within thirty (30) days of the date of recordation of the parcel map. -2- 0 6. Fulton and Straubs agree to record a restriction on their respective parcels following the resubdivision, agreeing that there shall be no more than two (2) residential units constructed thereon at any time. Said restriction shall be set forth in the grant deed conveying the City property to Fulton and Straubs. IN WITNESS WHEREOF, the parties hereto have caused this Land Purchase Agreement to be executed the day and year first above written. ATTEST: ity Clerk APPROVED AS TO FORM: City Attorney -3- CITY OF NEWPORT BEACH r - CHARLES STRA B PEARL STRAUB DDO /GJB:ib 6/23/78 STATE OF CALIFORNIA, COUNTY OF ON `a- 192T— before me, the uru:!Uigned,�4 Notary Public in and for said State, personally appeared ss. CFFICM SEAL DOROTHY L. PALEN i NOIARY r :U�.; C'•� i'r tn;N( .... O:rAN;1 CGUp:I Y My Commission Expires Feb. 9, 1981 F m 2334ar.. 30 K KX44f � AIVA.&44,C known to me, to be the person �- whose name. subscribed to the within Instrument, and acknowledged to me that .±hest executed the same. WITNESS my hand and official seal. Nota4fiblic in and for said State. INDIVIDUAL ACKNOWLEDGMENT State of California ................ ...... --- County of ....................................... S.S. On this........... ZO4A ... day of ---- ---------------- 19�r., before me, .......• ............ ze)Xa1'6 ......... .... a Notary Public in and for said ................ ...... County, (SEAL) personally appeared--• " ' dxr4n � �._ - _ _ A&- _* _ _/ ---- ------------------ - -------- -------- ------- ............................. .......................... ---------------- --------- known to me to be the person - - - -. -whose name ----�. ----. . . . .. ..................subscribed to the within instrument, and acknowledged that_,5he - - - - -- executed the same. - - - - - - - ITNESS my hand and official seat. OFFICIAL SEAL LOIS I. WHITE ...................... ----------------------------------------- N OTAY PJ-ir - CALIFORNIA - CAUFORNIA A_ .... .... .. . ............. TERAMA COUNTY '44t�� My comet. expires JUJ- 14, 118tary Public in and for said ...... . . . . .. ......................County and State said -------- ----------------------------------- V ,140 1.76 y commission expires.. EXEIBIT "A" c 41 'i'.:'!!i �i PURCHASE OF PARCEL ON BAY AVENUE EAST OF NINETEENTH STREET. TO BE COMBINED WITH LOT 7 AND A PORTION OF LOT 1 PARCEL 1 All that certain real property in the City of Newport Beach, County of Orange, State of California, being that portion of Lot 6 in Block 218 of Section "B ", Newport Beach, as shown on the map recorded in Book 4, page 27 of Miscellaneous Maps, Records of said County, and that portion of Section 33, Township 6 South, Range 10 West, S.B.M., according to the official plat of said land filed in the District Land Office, described as a whole as follows: Beginning at the intersection of the Southerly line of said Lot 6 with the line common to Lots 7 and 8 of said Block 218; 1. thence North 9° 44137" East 46.88 feet along the Northerly prolongation of said common line to the line r described in Parcel 1 of the Agreement recorded Novem- ber 8, 1941, as Instrument No. 28053 in Book 1117, page 317, Official Records of said County; 0 2, thence North 77 49'21" West 21.06 feet along last said line to a point on the Northerly prolongation of the Westerly line of said Lot 6, said point also lying on the Easterly line of Lot 4 of said Block 218; 3. thence South 12 °13'05" West 46.31 feet along said prolongation and said Westerly line of said Lot 6 to the Southwesterly corner of said Lot 6; 4. thence South 76 °30'34" East 23.09 feet along the Southerly line of said Lot 6 to the Point of Beginning. I hereby certify that the above described parcel of real property contains a calculated area of 1027.7 square feet. . Mc EE, L. S. 4 7 M 111i! "h1 JOScpH JA&EE No. 4101 Of `" 2082 Southeast Bristol Street Suite 221 Newport Beach, California 92707 rvlst\�t\t NEV9p0' elf 'f• r1�, 17141979-2535 EXHIBIT "B" Ic MOW V�% PURCHASE PARCEL ON BAY AVENUE EAST OF NINETEENTH STREET TO BE COMBINED WITH LOT 8. PARCEL 2 All that certain real property in the City of Newport Beach, County of Orange, State of California, being that portion of Lot 6 in Block 218 of Section "B ",. Newport Beach, as shown on the map recorded in Book 4, page 27 of Miscellaneous Maps, Records of said county, and that portion of Section 33, Town- ship 6 South, Range 10 West, S.B.M., according to the official plat of said land filed in the District Land Office, described as a whole as follows: Beginning at the intersection of the Southerly line of said Lot 6 with the line common to lots 7 and 8 of said Block 218; 1. thence North 9044'37" East 46.88 feet along the Northerly prolongation of said common line to the line described in Parcel 1 of the Agreement recorded Novem- ber 8, 1941 as Instrument No. 28053 in Book 1117, page 317, Official Records of said county; 2. thence South 77049'21" East 4.56 feet along last said line to a curve therein concave Southerly and having a radius of 996.27 feet; 3. thence Easterly along said curve in said line through a central angle of 1010'08" an arc distance of 20.32 feet to the Northerly prolongation of the Easterly line of said Lot 6; 4. thence South 9045'32" West 47.24 feet along said prolongation and said Easterly line to the Southeasterly corner of said Lot 6;. 5. thence North 76030'34" West 24.89 feet along the ^-. Southerly line of said Lot 6 to the Point of Beginning. �o N `X certify that the above described parcel of real property YAiiS +:,too9i�n a calculated area of 1170.4 square feet, fiO L J. 9CG , L, S.4101 Sou feast Bristol Street, Suite 221 Newport Beach, California 92707 (714) 979 -2535 or MAR 11 1918 By }M Off COUNQL CITY OF Nw*?Mlr 1116#414 0 0 RESOLUTION NO. 9288 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE LAND PURCHASE AGREEMENT FOR THE CITY -OWNED PROPERTY AT BAY AVENUE BETWEEN 18TH AND 19TH STREETS WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Land Purchase Agreement between the City of Newport Beach and Josephine Fulton and Charles and Pearl Straub in connection with the City -owned property at Bay Avenue between 18th and 19th Streets; and WHEREAS, the City Council has reviewed the terms and conditions of said Land Purchase Agreement 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 execute said agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ATTEST: City Clerk ADOPTED this 13th day of March 1978. Mayor DDO /bc 3/8/78