HomeMy WebLinkAboutC-2340 - Repayment Agreement for Curb & Gutter at 15th & BolsaI I
0 4
CITY OF NEWPORT BEACH
July 1, 1986
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
(714) 644 -3005
Enclosed for recordation is Notice of Release of Lien and Notice of
Termination of Agreement by the City of Newport Beach, and the owner
of the property (3301, 3305, and 3311 15th Street) is Richard A. Brewer.
Please record and return to us.
Sincerely,
G�/C�.yiZ
Ce 4e
Wanda E. Raggio
City Clerk
WER:pm
Enclosure(s)
cc: Public Works Department /Gilbert Wong
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY D
WHEN RECORDED, RETURN Tv:
City Clerk --y a,
City of Newport Beach
P. 0. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658-8915
MEXEMPT
C12
RECORDED IN OFFICIAL RECORDS
OF ORANGECOUNTY CALIFORNIA
•10 !§ AM JUL 8'86
COUNTY
wFcc>AoEw
Space above this line for Recorder's use only
NOTICE OF RELEASE OF LIEN
AND
NOTICE OF TERMINATION OF AGREEMENT
Pursuant to the authority vested in him by the Improvement Act of 1911,
the Superintendent of Streets of the City of Newport Beach, California, caused a
Notice of Lien and an Agreement to be recorded in Official Records of Orange
County, California, on November 7, 1983 (Official Record No. 83-513332) and
September 20, 1982 (Official Record No. 82-331282), respectively. The Notice of
Lien and the Agreement concern that certain parcel of real property located in
the City of Newport Beach, County of Orange, State of California, described as
follows:
Lot 8 in Block 3, of Tract No. 27, as per map recorded in
Book 9, Page 26, Miscellaneous Maps, Records of said Orange
County, more commonly known as 3301, 3305, and 3311 15th Street.
The above-described parcel of property is shown on the 1983-84
City/District Parcel List of the County Assessor of Orange County, California,
as Parcel No. 425-292-12.
The owner of the above described parcel of property, Richard A. Brewer,
has paid in full and discharged the lien and the Agreement against said prop-
erty. I hereby release said lien and Agreement.
DATED this s '��j r) day of June, 1986.
JUL 2�`� � Benjamin B. Nolan
Superintendent of Streets and
f;Lily
M
Public Works Director
r
' City of Newport Beach, California
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
On JU k)F2_3 Q_P , 1986, before me, the undersigned, a Notary Public in
and for said State, personally appeared Benjamin B. Nolan, known to me to be the
Superintendent of Streets and Public Works Director of the City of Newport
Beach, California, and whose name is subscribed to the within instrument and
acknowledged that he executed the same.
WITNESS my hand and official seal:
(LL2 6a�c�
Notary Public in and for said State
ADDRESS OF OWNER:
Richard A. Brewer
1982 Port Locksleigh
Newport Beach, CA 92660
.wr. a.YM..rrrra a.w:. ra...rrrti.91My11a.
a
OFFICIAL SEAL
i .. DOITALO L WEON )R.
Notary Public - California '
s ORANGE WyNTY r
$ MY Commission Expires Oct. 26, 1987'
.. r ..
s.................................. �'
When Recorded Return to: 8 3-513 `� 3 2EX G ' eY���` c �cequeg;Vice
City Clerk
City of Newport BeachXEMPT
3300 W. Newport Blvd. C14
Newport Beach, CA 92663
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
NOTICE OF LIEN
Pursuant to the authority vested in me by the
I did, commencing on the 31st day of December, 1981, cau
Subdivision of Block 3, Tract 27, (City.block bounded by
and Orange Ave.) to be constructed, and the City Council
Beach, California, at a regular meeting on the 10th day
Resolution No. 83-2 assess the cost of such construction
hereinafter described.
RECD RDEO IN OFFICIAL RECORDS
CF ORA14GE COUTY. CALIFORNIA
.9 25 Al;
■
§ 2
|
»
I
■$8
;
§ �
\C
{\
§
C+�
a
\ \
w \ s� }
(
e
co
Ln
\ 3
CA3
(D --f,\
§,^0
�| \-
_
co
k lit
m0
aECOPDi?a ,.. REQUESTED BY AN -
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663-3884
Exempt recording request Per
Govsrnmsrnt Code 61,03
82-331282
C_
OF t W4E CQUNTY. CAUFQRNkk
-409 PM SEP 2 0 '82-
Space above this line for Recorder's use only.
A G R E EMENT
THIS AGREEMENT, made and entered into this ,��� day of
&fit , 1982, by and between the CITY OF NEWPORT BEACH, a municipal
c 'poration, hereinafter referred to as "CIT.'", and RICHARD A. BREWER, herein-
after referred to as "PROPERTY OWNER":
W I T N E S S E T H
WHEREAS, PROPERTY OWNER has requested CITY construct curb, gutter and
driveway apron adjacent to OWNER's property in conjunction with alley improve-
ment, Contract No. 2327; and
WHEREAS, one method available to complete such work is the advancement
of construction funds by CITY to owners of adjoining property after an agreement
between the parties has been executed by which the owners agree to repay to CITY
the construction costs;.and
WHEREAS, PROPERTY OWNER is the owner, of certain real property in the
City of Newport Beach, County of Orange, State of California, more particularly
described as:
Lot 8 in Block 3, of Tract No. 27, as per map recorded
in Book 9, Page 26, Miscellaneous Maps, Records of said
Orange County,
more commonly known as 3301, 3305, 3311 15th Street; and
r
WHEREAS,. PROPERTY OWNER acknowledges that said described real property
is located in an area which eventually will require street improvements;
NOW, THEREFORE, IN CONSIDERATION of these premises, the parties hereto
agree as follows:
1. CITY agrees to advance the amount of three thousand five dollars
which represents the cost of construction of curb, gutter, and
driveway apron adjacent to the above-described real property.
1 of 2
82-331282
2. PROPERTY OWNER agrees to reimburse CITY for the advanced funds
at the rate of One thousand one and 67/100 dollars/year on the principal plus
Six Percent (6%) interest on the unpaid balance for a period not to exceed
Three (3) years. Said payments are to be tendered at the City of Newport
Beach, City Hall, 3300 Newport Boulevard, Newport Beach, California, on or
before July 1, 1983, and succeeding Two (2) years.
3. Both parties further agree that this Agreement shall run with the
real property herein described in favor of and enforceable by the CITY and that
this Agreement further shall be binding upon, the heirs, successors and assigns
of PROPERTY OWNER and shall be recorded in the office of the County Recorder of
the County of Orange.
IN WITNESS WHEREOF the parties hereto have set their hands the date
first above written.
CITY OF NEWPORT BEACH
ATTEST: ay
X
y,
-City Clerk .
APPROVED AS AS TO FORM:
�U;w // A
City Attorney
RICHARD' B EWE , . PROPS TY OWNER
Y
Richard A. Brewer
a
a'
STATF- OF CALIFORNIA)
CGU',"47Y OF ORANGE
On `� , before me,
the un �P.rsiOzed, a Notary F'ubtic in
acid for said State, personally, _
aPPeare(�
known to me tp be the person—_.e,_ _ whose
.__—subscribed t fire within
instrurnerit and acknowledged that e -41C
executed th ; sai-ne.
aFFII SEAL WITNESS my hand and official seat.
IVIARJIE ALLEN
NOTARY PUBLIC - CALIFORNIA p�
PR NCIPAL OFFICE IN Signature
ORANGE COUNTY
MY COMMISSion Exp, My 31, 1985
2of2
STATE OF CALIFORNIA ) ss 82-33128
COUNTY OF ORANGE )
On this 10th day of September in the year before me the
undersigned, a Notary Public in and for said State, personally appeared
Jacqueline E. Heather , known to me to be the Mayor of the City of Newport
Beach and Wanda E. Andersen , known to me to be the City Clerk of the City
of Newport Beach and known to me to be the persons who executed the within
instrument on behalf of said governmental agency, and acknowledged to me that
such governmental agency executed -the same.
WITNESS my hand and official seal. OFFICIAL SEAL
DCROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
Signature ORANGE COON -
My Caamisc Expires April 511995
othy L. Palen
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE )
1
On , >A, 1982, before
said Stia , personally appeared
the undersigned, a Notary Public in and for
personally, known to me (or proved to me on the basis
of satisfactory evidence) to be the person whose
name Z)) subscribed to the within Instrument
and acknowledged to me that he_ executed the same.
WITNESS my hand anA official seal.
Signature
Typed or Printed}
STATE OF CALIFORNIA, 6,3-513332
COUNTY OF Branae ss,
OFFICIAL SEAL
SANDY K/IcKINLEY
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Aug. 27, 1985
ON October 27 1983
before me, the undersigned, a Notary Public in and for idd sstate, ers Wally earedd
Benjamin B. Nolan, known to me to be ublic A r°ks D �ector
for City of Newport Beach and Wanda Andersen, nown to me
111111 111p, 11111 11111,11110 1111, 10, 1111 11111111'Jjjj' 11111to be Ci ty C1 erk for City of Newport Beach known to me,
" OFFICIAL SEAL to be the person__S_ whose names are subscribed to the within Instrument,
DOROTHY L. PALEN and acknowledged to me that t heY— executed the same.
i NOTARY PUBLIC . CALIFORNIA4,91
PRINCIPAL OFFICE IN WITNESS my hand and official seal.
ORANGE COUNTY
My Commission Expires April 5, 1985
Notary Public and for said State.
ACKNOWLEDGMENT--General—Wokotts Form 233 --Rev. 3-64
L. J)'q U
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884
September 7, 1982
Lee A. Branch
Orange County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
OFFICE OF THE CITY CLERK
(714) 640 -2251
Enclosed for recordation are two Repayment Agreements between
the City of Newport Beach and 1) Richard A. Brewer, 2) .Neil
J. Powers. Repayment Agreements are in connection with
reimbursing the City for construction of curb, gutter and
driveway adjacent to their property.
Agreements were approved by Council on June 28, 1982 by
Minute Action.
Please record and return to us.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
encs.
cc: Lloyd Nolan /Public Works
File
3300 Newport Boulevard, Newport Beach
C- �3q0
� s
June 28, 1982
CITY COUNCIL AGENDA
ITEM NO. -3 rc)
TO: CITY COUNCIL
FROM: Public Works Director
SUBJECT: MISCELLANEOUS CONCRETE CONSTRUCTION (C -2327)
RECOMMENDATIONS:
1. Award Contract No. 2327 to Stevens & Stevens for $40,929, and
authorize the Mayor and the City Clerk to execute the contract
2. Authorize the Mayor and the City Clerk to execute two repayment
agreements with owners of private property in Newport Heights.
DISCUSSION:
At 11:00 A.M. on June 16, 1982, the City Clerk opened and read the
following bids for this project:
Bidder Amount Bid
Low
Stevens & Stevens
$40,929.00
2
Nobest Incorporated
42,300.50
3
Arm & Hammer Concrete Removal
42,618.55
4
D. W. Contracting Co., Inc.
45,650.90*
5
Dyno Construction, Inc.
46,325.15
6
Damon Construction Co.
46,935.50
7
J. T. Garza Construction Inc.
49,194.20
*Corrected bid total is $44,852.90.
The low bid is 18% below the Engineer's estimate of $50,000. The
low bidder, Stevens & Stevens, has not performed previous contract work for
the City. However, Stevens & Stevens referents and the State Contractor's
License Board have indicated that Stevens & Stevens (1) has successfully com-
pleted similar contracts for other southern California Cities, and (2) has
sustained no action detrimental to their contractor's licenses.
The project provides for (1) construction of 26 p.c.c. (Portland
cement concrete) bikeway ramps in various locations throughout the City;
(2) construction of p.c.c. alley, curb and gutter improvements i.n the Newport
Heights area; and (3) construction of p.c.c. alley replacement on Balboa
Peninsula (see attached exhibit).
The alley improvements in Newport Heights (Alley 102 -D from 15th
Street to Bolsa Avenue) are being built as an assessment project in accordance
with Chapter 27 of the 1911 Act. Attached are copies of Council memos dated
April 26 and May 24 for reference. Also in Newport Heights, curb and gutter
are being built at the request of two owners of property along 15th Street
I
1
TO: CITY COUNCIL
FROM: Public Works Department
f
April 26, 1982
CITY COUNCIL AGENDA
ITEM NO. D -5
SUBJECT: ASSESSMENT PROJECT - -ALLEY 102D FROM 15TH STREET TO BOLSA AVENUE
(C -2316)
RECOMMENDATIONS:
1. Hold public hearing to hear protests from property owners who do
not desire this project utilizing procedures from Chapter 27 of
the Improvement Act of 1911.
2. Direct staff to either:
a. Construct the project per the plan if the property owners
do not commence construction within the 60 -day period of
public notice; or
b. Modify the plans and construct the project if the property
owners do not commence construction within the 60 -day
period of public notice; or
c. Abandon the project.
DISCUSSION:
On December 31, 1981, the City Clerk received petitions signed by
owners of 10 of the 12 lots in Block 3, Tract 27, requesting that the City im-
prove their alley. The petitioners own 85% of the area of Block 3 and 81z%
of the front footage along Alley 102D (see attached sketch).
On April 12, 1982, the Council directed the staff to notify the prop-
erty owners to construct the improvements, and to set a public hearing for
April 26, 1982, to hear any protests.
The hearing is the third step in a procedure to improve alleys which
was approved by the City Council on April 24, 1972.
The procedure is as follows:
1. The owners of 60% of the front footage facing the alley file
a petition with the City Clerk requesting the improvement.
2. Upon the filing of the petition and after a notice from the
City, the owners have a duty to construct improvements.
3. A public hearing is held at which time the City Council may
hear protests from anyone who does not desire the improvement.
T
7 April 26, 1982
Subject: Assessmen *roject - -Alley 102D from 15th Aet to Bolsa Avenue
Page 2
to be:
4. If the construction is not commenced within 60 days (by June 11)
by the property owners, the City shall do the work and make the
cost a lien on the properties. The work is financed by an advance
from the City. The funds are taken from the Annual Street and
Ailey Maintenance Appropriation (General Fund).
5. The City would combine the work with other similar projects and
have the alleys paved at the earliest opportunity.
6. Upon completion of the work, another public hearing is held to
hear any protests about the construction or the spreading of the
assessments.
7. After the public hearing, the cost of construction is assessed
against each parcel. The assessments may be paid in cash, or
the City may allow the assessment to be paid over a 3 -year period
at an interest rate of 7% on the unpaid balance. The collections
are credited to the unappropriated surplus of the General Fund.
The total cost of the project, except garage approaches, is estimated
Construct 6" -thick P.C.C. alley
4,500 sq. ft. @ $3.50 per sq. ft. $15,750
Construct Alley Approaches, 2 @ $600 1,200
Adjust sewer manhole. to grade, 2 @ $100 200
Construction Cost $17,150
Contingencies (10 %) 1,700
Engineering and Inspection (20 %) 3,480
$22,280
Estimated Average Assessment $22 280 _ $1,855
(not including garage approaches) 1— -
Council Policy L -5 affirms that the property owners pay the cost of
engineering and inspection in accordance with Chapter 27 provisions of the 1911
Act.
Additionally, individual lots will be assessed for garage approaches.
Estimated cost of garage approaches will be approximately $3 per square foot.
This project will be included in a contract to reconstruct an alley
on Balboa Peninsula and to construct bicycle access ramps at various locations
around the City. Work on the combined contract is scheduled to begin on or
49 out July 7, 1982.
c 0. 4�2.
Benjamin B. Nolan
Public Works Director
LD:jd
Att.
$T.
'833/•
l
O u Q n t Q
3
�91
9`
/oa' \
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
7.p.40 T 27
B�oC,� 33
I
ell
DRAWN DATE PC,411 'tJ2
APPROVED
PUBLIC WORKS DIRECTOR
R.E. N0.
DRAWING NO.EX11 1B 1 T ';4 ��
i
May 24, 1982
CITY COUNCIL AGENDA
ITEM NO. F -15
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: MISCELLANEOUS CONCRETE CONSTRUCTION, C -2327
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 A.M. on June 16, 1982.
DISCUSSION:
This project provides for (1) construction of p.c.c. (portland
cement concrete) bikeway ramps in various locations throughout the City,
(2) construction of alley and curb improvements in.the Newport Heights area
funded by assessment, and (3) reconstruction of an existing alley on Balboa
Peninsula (see attached exhibit).
The current budget provides funds for the development of Master
Plan bikeway routes. In this project, 26 bikeway access ramps will be built
to connect designated bikeway sidewalks at street intersections.
Also, an assessment project, Alley 102D from 15th Street to Bolsa
Avenue, is to be built if no construction action has been initiated by the
petitioners prior to the end of the 60 -day notification period (June 11).
Attached are copies of Council memos dated April 12 and 26 for reference.
And finally, Alley 212B between G and H Streets is to be reconstruc-
ted. The 10- foot -wide asphaltic concrete alley, which was recently re-
sewered by City forces, is to be repaved with p.c.c. The new surface will
provide adequate drainage and eliminate pavement roughness along the alley.
Sufficient funds are available in the current budget for bikeway
ramp construction and alley reconstruction.
The plans and specifications were prepared by the Public Works
Department. The contract date of completion is August 31, 1982.
Benjamin B. Nolan ,
Public Works Director
LD:jd
Att.