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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.