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HomeMy WebLinkAboutC-2020 - Construction El Capitan Drive, Point Conception to San Joaquin Hills Road (Tract No. 7844)E-1 '1m CITY OF NEWPORT BEACH !� z CALIFORNIA �r April 26, 1978 City Hall 3300 W. Newport Blvd. Area Code 714 b40 -2251 Mr. J. Wylie Carlyle, County Recorder P. 0. Box 238 Santa Ana, CA 92702 Attached for recordation is Aarament for_Comcletion of 1"rovaments from John D. Luak b Son for 91 Cavitan Drive - Tract No. 7844 purposes. Authorized by Resolution No. 9320 City Manager authorized by Resolution No. 6773 to accept easement deeds. 1 Doris George City Clerk DG:swk enc. RECORDING REQU�BY AND WHEN RECORDED TO: City Clerk 3300 Newport Boulevard Newport Beach, California S 35913 EXEMPT C2 coraer•s AGREEMENT FOR COMPLETION OF OF EL CAPITAN DRIVE FROM POIN' BK 12651 PG 1461 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 9:05 A.M. , � 'T 1978 LEE A. MEN - 0!tV 0`r TION g:_ACH, L if. -z-k This Agreement is made and entered into this day of April , 1978, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City" and JOHN D. LUSK AND SON, a California Corporation doing business as SPYGLASS HILL, hereinafter referred to as "Subdivider ". WITNESSETH: WHEREAS, on September 11, 1972, the City Council of the City conditionally approved the Final Map of Tract No. 7844; and WHEREAS, the map of Tracfiy.., 7844 is filed in Book 314, Pages 27 through 38 of Miscellaneous Maps in the Office of the County Recorder, County of Orange, State of California; and WHEREAS, Subdivider entered into an agreement with the City to complete all improvement work required as conditions of approval of said tract; and WHEREAS, the improvement of E1 Capitan Drive from Point Conception Way to San Joaquin Hills Road was provided for in said agreement; and WHEREAS, Subdivider has completed a portion of said street improvement; and WHEREAS, Subdivider proposes to pay to City an amount of money representing the estimated cost of completion of said street improvement; and WHEREAS, City desires to accept Subdivider's proposal; 9 1265 IN 1462 NOW, THEREFORE, in consideration of their mutual promises, the parties hereto agree as follows: 1. Subdivider agrees to pay to City the sum of Forty One Thousand Four Hundred Dollars ($41,400.00) which sum represents the estimated cost of completion of the improvement of E1 Capitan Drive. 2. City agrees that by accepting the payment set forth in Paragraph 1 above, Subdivider has satisfied his obligation for the improvement of E1 Capitan Drive. 3. City agrees to construct said improvement when funds are budgeted by City and all necessary governmental permits have been obtained. City shall have the sole responsibility for determining when said improvement shall be constructed. 4. If the said street or a substitute street with revised alignment is not improved within twenty (20) years after execution of this agreement, City agrees to refund the payment made in paragraph 1 above upon written request of the subdivider. 5. This Agreement shall be recorded in the Office of the County Recorder of Orange County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. ATTEST: ;C �l City Clerk APPROVED AS TO ORM: gss'i afllt Ci ttorney CITY OF NEWPORT BEACH, A Municipal Corporation JOHN D. LUSK AND SON,DBA SPYGLASS HILL Em -2- By e.TAPL; OF CALIFORN COLINTY OF ORANGl ) sJ i ft BK 12651 PG 1463 On 2c.k �`> 1978, h(�fore me, Hie under - siyned, a Notary ublt.c,zn and for said State, personally appeared known to me to be the Mayor and (C, known to me to be the City Clerk of the Municipal Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Municipal Corporation therein named, and acknowledged to me that such Municipal Corporation executed the within Instrument pursuant to a resolution of its City Council. ♦ie♦eoee♦s♦.b.�Wi�6.smp +irt�nd • My Co.': n'.issi:n Ezyi;w eb.9, 15117 STATE OF CALIFORNIA) )ss: COUNTY OF ORANGE ) and official seal. Notary Public i> and for said State On April 3, 1978 , 1978, before me, the under- signed, a Notary Public in and for said State, personally appeared James C. Waples , known to me to be the Vice President and William R.-Brasher known to me to be the Asst. Secretary os the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. 9mxmrinnmmrmnrrPnnmmrrmnNnwn�rin�xrrp�q� .�{, n d JANE W. ST. PIERRE dE NOTARV ?URU C. ':41 IFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY '- My Commission Expires March 4, 1980 �nninuwmm..mxnxrnmrmxxnn...... nunnuwnnmm�nnwmnunnunwnnunrfl STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) and official seal. No ry Public in and for said State On , 1978, before me, the undersigned, a Notary Public in and for said state, uersonally appeared , whose name is subscribed to the within Instrument and acknowledged that executed the same. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared whose name is subscribed to the within Instrument and acknowledged that executed the same. Ivotary`Publ.ic i-n and for laic Suite 4 RESOLUTION NO. 9 32 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND JOHN D. LUSK & SON FOR COMPLETION OF CONSTRUCTION OF EL CAPITAN DRIVE FROM POINT CONCEPTION WAY TO SAN JOAQUIN HILLS ROAD, AND AUTHORIZING THE CITY CLERK TO HAVE SAID AGREEMENT RECORDED BY THE ORANGE COUNTY RECORDER WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and John D. Lusk & Son for completion of construction of E1 Capitan Drive from Point Conception Way to San Joaquin Hills Road; and WHEREAS, the City Council has reviewed the terms and conditions of said 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. BE IT .FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause said document to be recorded in the Orange County Recorder's Office. ATTEST: y Cier ADOPTED this 24th day of April , 1978. DDO /bc 4/18/78 TO: (1) CITY ATTORNEY (2) CITY CLERK FP,OFI: Public Works Department ft April 17, 1978 C -'J SUBJECT: AGREEMENT FOR COMPLETION OF IMPROVEMENT OF,-F1 CAP iTAN nRIVE FROM POINT CONCEPTION WAY TO SAN JOAQUIN HILLS ROAD ° (TRACT NO. 7844) Attached are the following: 1. Original and one copy each of the subject agreement. The Public Works Department has reviewed the agreement and has found it tc be in order. Action requested: 1. City Attorney a. Approve agreement as to form. v b. Forward original and copy to City Clerk. -\Prepare resolution authorizing Mayor and City Clerk to execute agreement. 2. City Clerk a. Present agreement to City Council for approval. b. Ha ent. c. ecord agreement with County Recorder d. Retain-original of agreement or your files and return copy to Public Works Department. a4l Benjamin B. Nolan Assistant Public Works Director WBD:jd Att.