HomeMy WebLinkAboutC-2041 - Agreement Guaranteeing completion of alley realignment, Block 5, East Newport Terrace0 0
CITY OF NEWPORT BEACH
CALIFORNIA
DATE July, 14, 1978
TO: FINANCE DIRECTOR
FROM: City Cleric
SUBJECT: Contract No. 2041
City 11.111
3300 W. Newport Filvd.
Area Code 714
Description of Contract
in Block 5, East Newport, Newport Harbor Yacht Club
Authorized by Resolution No. 9397 , adopted on July 11 1478
Effective date of Contract July 13, 1978
Contract with _ Newport Rarhnr rn,.hr M o h
Address n v Bay s.. nug
Amount of Contract Se. Coatrar•
City Clerk lu
r 0
CITY CLERK
PUBLIC WORKS DEPARTMENT
Re: Newport Harbor Yacht Club
Improvements in Block 5, East Newport
C -2041
July 1..4 78
Attached is an executed copy of the agreement with the Newport Herb or
Yacht Club for transmittal to them plus a copy for your files.
The agreement was authorised by Resolution No. 9307 adopted by the
City Council on July 11, 1978,
DORIS GEORGE
City Clark
awk
enc.
f � •
ArRF.F.MRMT
(Proposed Realignment of Alleys in Block
5, East Newport, Newport Harbor Yacht Club)
On this/_ day of , 1978, the
CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "City," and the NEWPORT HARBOR YACHT CLUB, a
California corporation, hereinafter referred to as "Club,"
agree as follows:
W I T N E S S E T H:
WHEREAS, Club has requested that City abandon the
westerly alley in Block 5, East Newport, running north -south
from Balboa Boulevard to West Bay Avenue; and
WHEREAS, Club proposes to dedicate and improve a new
alley connecting the existing east -west alley to 8th Street, as
a replacement for the vacated alley portion; and
WHEREAS, the City Council of City has considered the
request of Club and the proposed vacation and finds them proper,
acceptable and in the public interest;
NOW, THEREFORE, it is agreed:
1. City will vacate a portion of the alley running
north and south between Balboa Boulevard and West Bay Avenue
as shown on the attached drawing, marked Exhibit "1" and described
in attached legal description marked Exhibit "2," incorporated
herein by this reference.
2. Club will dedicate to City, as replacement for said
alley vacation, an east -west alley running from 8th Street to the
existing alley, as shown on attached drawing marked Exhibit "3" and
described in attached legal description marked Exhibit "4," incor-
porated herein by this reference.
3. City will reserve all public utility easements
in the alley proposed to be vacated.
4. Club shall:
a. Construct new portland cement concrete
alley pavement, ten feet in width, from the
westerly end of the existing portland cement
concrete alley, being the southerly prolongation
of the westerly line of Lot 11 of said Block 5;
b. Construct a new standard alley approach
at 8th Street;
c. Relocate the existing driveway approach
on 8th Street;
d. Construct an additional driveway approach
on 8th Street;
3. Close up the alley approaches at each end
of the alley to be vacated on Balboa Boulevard
and on West Bay Avenue;
f. Close up unused curb cuts on Balboa Boulevard
and West Bay adjoining property in Block 5 that is owned
by the Newport Harbor Yacht Club.
- 2 -
0
5. City shall pay the engineering, inspection and
incidental costs of said abandonment and relocation of the
alleys in question.
WHEREOF, the parties hereto have caused this agreement
to be executed the day and year first above written.
ATTEST:
Ci y Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
NEWPORT HARBOR YACHT CLUB,
A California Corporation
to
-3-
r
OFFICERS
CHARLES P. COTTON
I OMMOUORE
BRUCE P. CRARY
VICE COMMODORE
WILHUR D LAYMAN
PEAR COMMODORE
IYLER MACDONALD
tlLCRETARY
UON R ADKINSON
TREASURER
PHILIP S. RAMSER
FLEET CAPTAIN
LYMAN G. FARWELL
PORT CAPTAIN
M ROGUE HEMLEY
JUDGE ADVOCATE
J E HARTLEY TURPIN. M.D.
FLEET BURGEON
THOMAS P. WILDER
MEASURER
N EW P 0 R;T HARBOR Y�#,C HT C; L U;!
7 2 0 WEST B A Y A V E N U E
B A L B o A
C A L I F O R N I A
92661
TEL I7191 673-7730
Mr. Joe Devlin, Chief Engineer
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Dear Joe:
April 4, 1978
DIRECTORS L1
CHARLES P. COTTON
BRUCE P. CRARY
WILBUR D. LAYMAN
DON R ADKINSON
RICHARD C. ELLIOTT
RAE A. EWING
JOHN S. GRIFFITH, JR.
TYLER MACDONALD
MORGAN L. MORGAN. M.D.
MANAGEMENT
ARRA SWISHER
GENERAL MANAGER
The Newport Harbor Yacht Club hereby requests an abandonment of a
portion of the alley in Block 5 East, Newport Beach Subdivision.
The alley which we would like to abandon currently runs from Balboa
Avenue on the South to Bay Avenue on the North, on the East lateral
of Block 5.
The Newport Harbor Yacht Club, current owners of the adjacent pro-
perty, would then dedicate a 10' wide alley to connect with the
current 10' wide Fast -West alley, which would then terminate on Eighth
Street.
The purpose of the abandonment would be to provide more off - street
parking; as 2 am sure you are aware, the Club is in the process of con-
verting two contiguous lots to our existing parking into Club parking.
Prior to this letter a parking layout plan was submitted to the Public
Works office.
The Newport Harbor Yacht Club is most anxious to complete parking
facilities prior to the summer rush. An approval of this plan would be
most appreciated as soon as possible.
L1 C EDg gyp``
APR � 1977
CIfY OF
;L ,
CPC:k N VRORT BEACH CiIF, 0
Sincerely y urs,
A_ /
C4fARLES P. COTTON
Commodore
s
B�' S'TREET
Q
e
Q
�
� 05 7
V
7 ' s7weT
® R�I.ACEL i# "' TO AE m*c4TE0
A44pc EL ~B N ro QE moa 4TE0
EXHIBIT "1"
CITY OF NEWPORT BEACH 01"""" DATE
PUBLIC WORKS DEPARTMENT APPROVED
ALLEY JVMC.4"ON AM)r PUBLIC WORKS DIRECTOR
18UN O, J R.E. No. 1-0-60a
c49T NoewpoRT TiPwor DRAWING No.,p�/y ,534&2 -L
SE'S
rD
/r
A6 ';: �
6
ALLEY
'•
h
a
�►
y
�
City of Newport Beach - Public Works Department
PROJECT VACATION OF POR
LOCATION BETWEEN 7TH & 8TH
PURPOSE Vacate Alley
PREPARED A.I.M.
Parcel "A"
That certain
DESCRIPTION FORM
FION OF ALLEY PARCEL NO. A & B
STREETS & BTWN W. BALBOA BLVD. & REF. DWG. R /W- 5382 -L
DATE 4/19/78
CHECKED G.L.W. PROOFED
alley 10.00 feet in width adjoining the westerly line
of Lot 13, Block 5, as shown on the Map of East Newport Tract recorded in Book 3,
Page 37 of Miscellaneous Maps, in the office of the County Recorder of Orange
County, California.
Parcel "B"
That certain alley 10.00 feet in width adjoining the westerly line
of Lot 19, Block 5, as shown on the Map of East Newport Tract recorded in
Book 3, Page 37 of Miscellaneous Maps in the office of the County Recorder
of Orange County, California.
EXHIBIT 112"
15
&meet
7Z!Y ,qrAwEr
N 4 .
?4
SIC
.41-1-EY 70 BE 0601CAT•
EXHIBIT "3"
CITY OF NEWPORT BEACH DRAWN-.g-Z-I*y DAM 4-Ay-;wd
PUBLIC WORKS DEPARTMENT APPROVED _Z7
41-1-EY DED /CATIONT PUBLIC WORKS7 DIRECTOR
81-00wr 5 R.E. NO. �� �&Ocf
ewsr NEwPowr M-4or DRAWING NO.,q/ff-.S'.383-j
0009
leo
. Ide
l-,
%
4E2
%
/0
as
9
99
4&5
ed
de/o
7Z!Y ,qrAwEr
N 4 .
?4
SIC
.41-1-EY 70 BE 0601CAT•
EXHIBIT "3"
CITY OF NEWPORT BEACH DRAWN-.g-Z-I*y DAM 4-Ay-;wd
PUBLIC WORKS DEPARTMENT APPROVED _Z7
41-1-EY DED /CATIONT PUBLIC WORKS7 DIRECTOR
81-00wr 5 R.E. NO. �� �&Ocf
ewsr NEwPowr M-4or DRAWING NO.,q/ff-.S'.383-j
I
City of Newport Beach - Public Works Department
DESCRIPTION FORM
PROJECT DEDICATION OF ALLEY PARCEL NO.
LOCATION BETWEEN 7TH & 8TH & W. BALBOA & W. BAY REF. DWG. R /W- 5383 -L
PURPOSE Dedicate Alley DATE 4/19/78
PREPARED A.I.M. CHECKED G.L.W. PROOFED
The southerly 10.00 feet (measured at right angles) of the northerly
20.00 feet (measured at right angles) of Lot 16, Block 5, East Newport Tract, as
per map recorded in Book 3, page 37 of Miscellaneous Maps in the office of the
County Recorded of Orange County, California.
EXHIBIT "4"
0 0
RESOLUTION NO. 9 39 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
NEWPORT HARBOR YACHT CLUB GUARANTEEING THE
COMPLETION OF PUBLIC IMPROVEMENTS IN BLOCK 5,
LAST NEWPORT TRACT ACCEPTING THE DEDICATION
OF AN ALLEY ACROSS LOT 16 IN SAID BLOCK 5;
AND ORDERING THE VACATION, CLOSING UP AND
ABANDONMENT OF TWO PARCELS OF THE MOST
WESTERLY ALLEY IN SAID BLOCK 5, RESERVING
PUBLIC UTILITY EASEMENTS THEREIN
WHEREAS, the Public Works Director of the City of
Newport Beach has presented to the City Council of the City of
Newport Beach a certain map entitled "Proposed Alley Vacation
in Block 5, East Newport Tract," drawing no. R/W- 5382 -L, of
the Public Works Department of the City of Newport Beach, dated
April 18, 1978, showing two parcels of the most westerly alley
in Block 5 of the East Newport Tract in the City of Newport
Beach which the City is considering vacating, closing up and
abandoning, and which are more particularly described as
follows:
Parcel "A"
That certain alley 10.00 feet in width
adjoining the westerly line of Lot 13,
Block 5, as shown on the Map of East
Newport Tract recorded in Book 3,
Page 37, of Miscellaneous Maps, in the
office of the County Recorder of
Orange County, California.
Parcel "B"
That certain alley 10.00 feet in width
adjoining the westerly line of Lot 19,
Block 5, as shown on the Map of East
Newport Tract recorded in Book 3,
Page 37, of Miscellaneous Maps in the
Office of the County Recorder of
Orange County, California; and
WHEREAS, the City Council of the City of Newport Beach,
slid on May 22, 1978, adopt its Resolution of Intention No. 9339,
declaring its intention to order the closing up and abandonment
0 0
of two parcels of the most westerly alley in Block 5, East
Newport Tract, pursuant to the provisions of the "Street Vaca-
tion Act of 1941, " and all amendments thereto, being Sections
8300 to 8331 inclusive, of the Streets and Highways Code of
the State of California; and
WHEREAS, the Public Works Director of the City of
Newport Beach has caused to be posted conspicuously along the
lines of said parcels of alley proposed to be vacated, not
more than 300 feet apart, and not less than three in all,
notices of the vacation of said parcels, all of which will more
fully appear from the affidavit of Joseph T. Devlin, Public
Works Director of the City of Newport Beach, on file in these
proceedings; and
WHEREAS, said notices so posted by said Public Works
Director stated the passage of said Resolution of Intention
No. 9339 aforesaid, and the time and place of the hearing of
all persons interested in or objecting to the proposed vacation
of said parcels; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, June 12, 1978, at 7:30 P.M. of said day as the
time, in the Council Chamber of the City Council of the City of
Newport Beach, located in the City Hall of the City of Newport
Beach, as the place, for the hearing of all persons interested
in or objecting to the proposed vacation of said parcels; and
WHEREAS, said Resolution of Intention No. 9339 afore-
said has been published at least once in the Newporter Harbor
Ensign, the official newspaper of the City, and said publica-
tion was made more than 15 days prior to the date set for the
hearing of all persons interested in or objecting to the pro-
posed vacation, all of which will more fully appear in the
affidavit of Terrie Crespin, employee of said Newport Harbor
Ensign, on file in these proceedings; and
-2-
0 0
WHEREAS, the Newport Harbor Yacht Club has offered to
dedicate and improve a 10 foot wide alley over a portion of
Lot 16, Block 5, East Newport Tract in consideration for the
vacation of the said two parcels of the most westerly alley in
said Block 5; and
WHEREAS, the Newport Harbor Yacht Club has executed
an agreement guaranteeing to complete public improvements in
said Block 5, and said agreement has been submitted to City
Council for its approval; and
WHEREAS, the City Council has heard the evidence,
both written and verbal, of all persons interested in the vaca-
tion of said parcels of alley in this Resolution more particular-
ly hereinafter described, and finds from all the evidence sub-
mitted that said parcels of alley described in said Resolution
of Intention, and hereinafter described, are unnecessary for
present or prospective public street purposes, and that they
be vacated, closed up and abandoned; and
WHEREAS, the City Council finds that there is need
for permanent easements and rights at any time, or from time to
time, to construct, maintain, operate, replace, remove, and
renew sanitary sewers and appurtenant structures in, upon, over
and across said parcels of alley proposed to be vacated and
pursuant to any existing franchises or renewals thereof, or
otherwise, to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, cables, wires, poles,
and other convenient structures, equipment and fixtures for the
operation of telegraphic and telephone lines, and for the
transportation or distribution of electric energy; and
THEREFORE, the City Council orders that there is
hereby reserved and excepted from the vacation of said parcels
of alley, easements for public utility purposes, and that said
parcels of alley are hereby vacated.
The City Council further orders that the City Clerk
of the City of Newport Beach shall cause a certified copy of
-3-
0
0
this Order, duly attested by her as the City Clerk, under the
seal of the City, to be recorded in the office of the County
recorder of the County of Orange, State of California, immediately
following the passage of this Resolution.
ADOPTED this 11th day of July 1978.
ATTEST:
City Clerk
DDO /cr
7/5/78
I
4
�1
K
\S�
0 0
BTU' STREET
7TH' STREET
Q
QQ no 60'
SCALE /
W
® P.4RCEL
'i4 "
TO
BE
v4C.4TE0
P.4/PCEL
W , '
.TO
BE
wcv-4TED
L
/9
/g
:..
20
. t !2
1
2/
// .C:..•.
2C
'.
/Q
9
24
v
v
25
Q
7
26
6
ALLEY
' : 240
h
Q
)
N
7TH' STREET
Q
QQ no 60'
SCALE /
W
® P.4RCEL
'i4 "
TO
BE
v4C.4TE0
P.4/PCEL
W , '
.TO
BE
wcv-4TED
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ALLEY v4CAT /ON
BLocw 5
EAST NEwPO�PT TRACT
DRAWN !2E4 DATE 47'/d"79
APPROVED
.59'r. PUBLIC WORKS DIRECTOR
R.E. NO. l285211
DRAWING NO.R /%Y- 53B2--L.