HomeMy WebLinkAboutC-2020 - Construction El Capitan Drive, Point Conception to San Joaquin Hills Road (Tract No. 7844)E-1
'1m CITY OF NEWPORT BEACH
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z CALIFORNIA
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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
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enc.
RECORDING REQU�BY AND
WHEN RECORDED TO:
City Clerk
3300 Newport Boulevard
Newport Beach, California
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35913
EXEMPT
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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
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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
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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
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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
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Att.