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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.