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HomeMy WebLinkAboutBushard (East Side), South of Hamilton Avenue - Huntington Beach (Old Water Well Site)r Evans, Goffman & McCormick •SOIL AND ROCK ENGINEERING .FOUNDATION ENGINEERING -ENGINEERING GEOLOGY •ENGINEERING SEISMOLOGY •GEOPHYSICS October 12, 1972 Our Job 72 -95 DENNIS A. EVANS Civil F.�gio ee. JACKSON F. GOFFMAN E�ei�euiog Oeala gi si JOHN J. W CORMICK. Civil Engine Report of Soil Engineering Study City Owned Property Bushard Street South of Hamilton Street Huntington Beach, California for the City of Newport Beach 1636 E. Edinger Ave.., Suite D, Santa Ana, California 92705 • (714) 835 -1808 I I Our Job 72 -95 Page i TABLE OF CONTENTS Page INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . 1 PURPOSE . . . . . . . . . . . . . . . . . . . . . 1 SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . 1 FINDINGS. . . . . . . . . . . . . . . . . . . . 2 SITE CONDITIONS . . . . . . . . . . . . . . . . . . . . 2 SOIL MATERIALS . . . . . . . . . . . . . . . . . . 3 Existing Fill . . . . . . . . . . . . . . . . . . 3 Alluvium . . . . . . . . . . . . . . . . . . . . . 4 SEISMICITY . . . . . . . . . . . . . . . . . . . . . 4 GROUNDWATER . . . . . . . . . . . . . . . . . . . . . . 5 CONCLUSIONS . . . . . . . . . . . . . . . . . . . . . 6 1.10 FEASIBILITY. . . . . . . . . . . . . . . 6 1.20 EXCAVATION CHARACTERISTICS . . . . . . . . . . . . . . 6 1.21 Grading . . . . . . . . . . . . . . . . . . . 6 1.22 Trench Excavation . . . . . . . . . . . . . . . . 6 1.23 Shrink- Swell . . . . . . . . . . . . . . . . . 7 1.30 GROUNDWATER. . . . . . . . . . . . . . . . . . . . . 7 1.40 SEISMICITY . . . . . . . . . . . . . . . . . . 7 1.50 FOUNDATION DESIGN . . . . . . . . . . . . . . . . . . . 9 RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . 9 2.10 GENERAL. . . . . . . . . . . . . . . . . . . 9 2.20 SITE PREPARATION . . . . . . . . . . . . . . . . . . . 9 2.21 Stripping . . . . . . . . . . . . . . . . 9 2.22 Abandoned Pipelines . . . . . . . . . . . 10 2.23 Processing of In -place Soils. . . . . . . . . . 10 2.30 FILL MATERIALS $ FILL PLACEMENT. . . . . . . . . . . . 11 2.31 Suitability . . . . . . . . . . . . . . . 11 2.32 Compaction Standard . . . . . . . . . . 11 2.40 FOUNDATION DESIGN . . . . . . . . . . . . . . 11 PLATE Plate 1 -Vicinity Map APPENDIX P_ age SUPPORTING DATA AND PROCEDURES . . . . . . . . . . . . . . . A -1 LOCATION . . . . . . . . . . . . . . . . . . . . . . . A -1 TESTING. . A -3 Moisture - Density. A -3 Compaction Tests. . . . . . . . . . . . . . . . A -4 i� Our Job 72 -95 Page ii ,1 1 r' APPENDIX (continued) Page Grain-Size Distribution . . . . . . . . . . . . . . A -4 Atterberg Limits . . . . . . . . . . . . . . A -5 ' Consolidation Test. s . . . A -5 Expansion Tests . . . . . . . . . . . . . . . . . . A -6 Strength Tests . . . . . . . . . . . . . . . . . . A -7 PLATES Plates A -1.1 thru A -1.9 -Log of Drill Hole Plate A -2 - Legend to Logs ' Plate A -3 - Compaction Test Data Plates A -4.1 thru A -4.3 - Consolidation Test Data Plates A -5.1 thru A -5.3 - Expansion Test Data ' Plate A -6 -Shear Test Data ,1 1 r' I I 1 ' INTRODUCTION ' PURPOSE related to past oil production and, (c) obtain ' This report presents the results of our investigation ' of soils conditions present on a five acre parcel of City of ' Newport Beach owned property on Bushard Street, south of Hamilton ' Street in Huntington Beach, California. Our investigation was ' performed at the City's request under Purchase Order No. 8660 to provide information to potential purchasers of the property re- ' garding its general suitability for development under the present ' R -1 zoning. SCOPE ' The scope of our study is outlined as follows: ' 1. Perform one day of exploratory drilling to, (a) observe general soil conditions, (b) attempt to ' locate any large areas of loose fill or oil sumps related to past oil production and, (c) obtain ' representative soil samples for laboratory testing. ' 2. Perform laboratory testing and engineering analysis in sufficient detail to provide conclusions and ' recommendations as to the suitability of the site to support structure foundations common to R -1 ' zoning under static and anticipated seismic loading 1 conditions. 1 i1 1 1 1 I I 1 I; Our Job 72 -95 Page 2 3. Prepare this formal report summarizing our observa- tions and test data, and presenting our conclusions and recommendations relative to the use of the property. FINDINGS SITE CONDITIONS At the time of our investigation the site had been cleared of former structures related to water pumping and storage facilities, and the oil well formerly on the site had been aban- doned. Two small oil storage tanks had been removed from their foundations but had not yet been hauled away. The concrete foun- dations for the tanks and other structures formerly on the site had been demolished and most of the concrete fragments removed. Some loose fill and oil- soaked gravel and soil were present in the oil storage tank area at the northwest corner of the property as was an abandoned gas service and meter. A small area of asphalt pavement was noted in the southwest corner of the site and minor amounts of trash, debris, weeds and broken concrete were scattered about the surface and mixed with the upper one foot of the surface soils on the site. The locations of the buildings, water and oil storage tanks, and the recently abandoned oil well ,1 .1 .1 .1 1 1 .1 I Our Job 72 -95 Page 3 are shown on the base map prepared by the City of Newport Beach and used for Plate 1 of this report. The approximate location of a previously abandoned exploration well as shown on the Division of Oil and Gas Map #136 has also been plotted on this map. Numer- ous shallow abandoned pipelines related to the former oil well and water system facilities are also assumed to be present. SOIL MATERIALS Existing Fill. Minor fills remaining from the dike surrounding the oil storage tank area are present in the northwest corner of the site and in the former building pad area at our drill hole DH6. Other, minor, artificial fills are assumed to be present to depths of about one foot at the former sites of the other build- 1 ings. Existing fill was encountered in our drill hole DH9 to a depth of five feet near the site of the abandoned oil well. This 1 fill may be the backfill placed over the cap covering the well casing or may be the result of a deep, concrete pump foundation 1 which was removed. Other fills which are assumed to be present 1 on the property are (1) backfilled drilling mud sumps probably located near each of the abandoned oil wells, (2) backfills over 1 abandoned pipelines and, (3) backfill placed in former foundation areas or in trenches where pipelines were removed. All existing 11 1 I 1 1 Our Job 72 -95 Page 4 1 fills are assumed to consist of soft, compressible sandy silt and probably contain varying amounts of trash and debris. Alluvium. The alluvial soil native to the site consists 1 generally of (1) sandy to clayey silt to a depth of seven to eight feet, (2) a one -to- three -foot thick bed of soft, silty clay be- 1 tween about eight to ten feet and (3) medium to fine sand below 1 about nine to ten feet. Complete descriptions of these materials are presented in our drill logs presented in the Appendix to this 1 report. The upper one foot of this alluvium was generally loose and dry; the material below this depth becomes damp and more firm 1 but is generally of low density and compressible to .a depth of 1 about eight to ten feet. The sand below this depth was found to be dense. These materials range from non - expansive to moderately 1 expansive under typical foundation loads. ' SEISMICITY Three geological features have seismically influenced 1 the site. These features are the Newport- Inglewood Fault located 1 approximately one mile to the southwest, the Whittier Fault located approximately 20 miles to the northeast and the Norwalk 1 Fault located approximately 15 miles to the northeast. Significant among the earthquakes which have occurred 1 in the past associated with the Newport- Inglewood Fault zone, is ' the earthquake of March 11, 1933, Richter magnitude 6.3. This I tOur Job 72 -95 Page 5 ' earthquake has been commonly referred to as the "Long Beach" earthquake, and its epicenter was located approximately ten miles southwest of the site. The Whittier Fault zone has been associated with only one earthquake of magnitude as great as 4.4 during the last 34 years (the approximate duration of detailed and concen- trated study of Southern California earthquakes). The Norwalk Fault has been associated with the "Whittier" earthquake, magni- tude.4.7, July 8, 1929, and subsequent earthquakes of smaller magnitude. The recurrence of seismic activity along these faults may be indicative that stress relief occurs at a fairly.consistent ' point of maximum strain. Therefore, if this assumption is cor- rect, it is anticipated that, although earthquakes may be expected in the future from these fault systems, they should not be signi- ficantly stronger than those experienced in the past, i.e. magnitude ' 6.0 to 6.5. ' GROUNDWATER Groundwater, as a zone of free moisture, was encountered at depths ranging from 12 to 16 feet below the present ground ' surface. I I 1 Our Job 72 -95 Page 6 ' CONCLUSIONS ' 1.10 FEASIBILITY It is our opinion that it is geotechnically feasible and practical to develop the property for the support of one- ' and two -story woodframe, residential structures utilizing conventional slab -on -grade foundations assuming that the ' following conclusions and recommendations are considered in ' the design and construction of the improvements and struc- tures. ' 1.20 EXCAVATION CHARACTERISTICS 1.21 Grading. The soil materials present on the property can be easily excavated with scraper -type equipment to a depth of about eight feet below the present ground surface. At present ground water levels, high soil moisture content below this depth will result in very soft conditions which ' would restrict the use of rubber -tired earthmoving equip- ment. 1.22 Trench Excavation. Trench excavation with backhoes or trenching machines can be easily accomplished to depths of eight to ten feet below the present ground surface. De- ' watering would probably be necessary for any trench excavation below a depth of about ten feet below present ground surface ' elevations. It .! Our Job 72 -95 Page 7 ' 1.23 Shrink-Swell. Based on the results of our laboratory testing, we conclude that the decrease in volume, due to ' excavation of the on -site soils in the upper four feet below ' the present ground surface and placement of these materials as fill compacted to an average relative compaction of 93 ' percent, will be in the order of 25 percent for the upper ' one foot below ground surface and an average of 15 percent for the upper four feet. 1.30 GROUNDWATER ' Assuming that there is no significant change in ground water levels above those observed during our exploratory ' drilling, seepage may be. encountered in any excavation reaching a depth of eight feet or more below the present 1 ground surface. 1.40 SEISMICITY There is no evidence to indicate that seismicity repre- sents any significant hazard to the development of the site, ' i.e., significant when compared to Southern California as a whole. ' The relation between earthquake magnitude, M, and ground ' acceleration, a, in centimeters per second per second, at the epicenter may be roughly estimated by the expression: IL .1 U 1 Our Job 72 -95 Page 8 A magnitude 6.0 earthquake at a distance of approxi- mately 10 miles from the site would be expected to produce ground motion at the site with a duration of strong vibra- tion of approximately 15 seconds and a predominant period of 0.5 seconds or longer. A magnitude 6.0 earthquake at a distance of one to two miles from the site would be expected to produce ground motion at the site with a duration of strong vibration of approximately 15 seconds, -and.a predominant period of 0.2 to.0.5 seconds. I' M = 2.2 + 1.8 log a. Based on this relationship which ' assumes a point source of energy release, a magnitude 6.0 corresponds to a ground acceleration of 0.17g. ' Statistical analysis of California earthquake data in- dicates the following probabilities of ground acceleration at the site with respect to a 50 year life of the improve- : ' ments: Ground Accleration Once Per (g- acceleration of gravity) 50 Years Probability 0.10g 88% 0.15g 64% 0.20g 40% 0.25g 22% A magnitude 6.0 earthquake at a distance of approxi- mately 10 miles from the site would be expected to produce ground motion at the site with a duration of strong vibra- tion of approximately 15 seconds and a predominant period of 0.5 seconds or longer. A magnitude 6.0 earthquake at a distance of one to two miles from the site would be expected to produce ground motion at the site with a duration of strong vibration of approximately 15 seconds, -and.a predominant period of 0.2 to.0.5 seconds. I' ,' `1 Our Job 72 -95 Page 9 1.50 FOUNDATION DESIGN The use of shallow foundation systems, i.e., continuous wall footings with slab -on -grade floors, is feasible provided corrective grading measures as described in subsequent sec- tions in this report are followed RECOMMENDATIONS 2.10 GENERAL The following recommendations are general in nature and ' should be reviewed by a qualified soils engineer at such time that specific grading and foundations plans have been pre -. ' pared for development of the property. 2.20 SITE PREPARATION 2.21 Stripping. All existing pavement or fill should be stripped from areas which will be supporting structures or roadways. Any decomposable trash, debris, sumps or oil- saturated soils should be removed from the site. Particular care should be taken to remove any loose fill resulting from the abandonment of the oil wells formerly on the property. Due to the compressible nature of the surface soils, addi- tional stripping will be necessary in areas of shallow cut ij 1 Our Job 72 -95 Page 10 I or fill. For preliminary estimating purposes, we recommend tanticipating the need for a.compacted soil blanket at least four feet thick under buildings and 12 inches thick under roadways to provide for uniform load transfer. This load transfer blanket can be made up of soil stripped from below the present surface and planned fill above present ground surface. In all cases, the upper 18 inches of loose surface soil below the present ground surface should be stripped and replaced as compacted fill. 2.22 Abandoned Pipelines. Any existing pipelines crossing building areas should be removed and the excavations back- ' filled and compacted. 2.23 Processing of In -place Soils. The surfaces exposed by the stripping described earlier, and the existing ground surfaces in areas which will not be supporting roadways or structures should be mixed, watered, and compacted to at least 90 percent relative compaction to a depth of at least six inches. The possible need for deeper removal and /or be processing should determined through review of grading and /or foundation plans for the site by a qualified soils engineer. I IOur Job 72 -95 Page 11 2.30 FILL MATERIALS $ FILL PLACEMENT 2.31 Suitability. All on -site soil materials, including those removed by stripping, are suitable for use as compacted fill provided that (1) care is taken to remove all oil- saturated soils and materials derived from oil sump cleanout and (2) the soils are processed and /or blended as necessary to obtain near the optimum moisture contents for compaction. 2.32 Compaction Standard. All soil materials used as com- pacted fill, or materials processed in- place, should be at or near optimum moisture content and compacted to at least 90 percent relative compaction as determined by ASTM Test Method D- 1557 -71, modified to use 3- layers. 2.40 FOUNDATION DESIGN While final recommendations as to foundation design must be based on a review of specific development plans,as well as conditions exposed during grading, it is anticipated that conventional 12- inch -wide by 12 -inch deep wall footings, and 3 -5/8- inch -thick floor slabs can be utilitzed to support one- and two -story single family, residential structures. An allowable bearing value of 1500 pounds per square foot can be used for preliminary sizing of foundation elements. Reinforcement of these footings and slabs will probably be �1 Our Job 72 -95 Page 12 necessary due to the expansive nature of most of the on -site ' soils. The use of moisture barriers below the interior floor slabs will also probably be necessary. The Plates and .Appendix which complete this report are listed in the Table of Contents. JEG:DAE:klr 1 1 1 1 1 .1 .1 Respectfully submitted, EVANS, GOFFMAN F, McCORMICK . ,Jackson E. Goffman Enginee . g Geo ist y2 Dennis A. Evans Civil Engineer 14450 79-1 2 1 2 6 rN ®m O ®m I 1 1 1 1 Our Job 72 -95 APPENDIX Page A -1 SUPPORTING DATA AND PROCEDURES LOCATION Subsurface exploration at the site was supplemented by a review of available literature and unpublished reports relative to adjacent areas. Subsurface exploration was accomplished by the drilling of nine holes ranging in depth from 11 to 30 feet. The locations of these drill holes are shown on Plate 1. The drilling was 1 accomplished using a truck - mounted, rotary, bucket -auger drill. Representative drill holes were logged for geologic 1 data by a professional engineering geologist, and "undisturbed" 1 samples were taken of significant soil types. The "undistrubed" samples were taken using a 3.375 -inch outside diameter drive 1 sampler which contains a 2.625 -inch inside diameter, brass sample sleeve, eight inches in length. All samples are capped and sealed 1 immediately upon extraction. Bulk samples of representative soil 1 types are also taken. The logs of each drill hole are presented as Plates 1 A -1.1 through A -1.9 - Log of Drill Hole. The geologic and engi- neering field descriptions and classifications which appear on 1 .1 I I .1 Our Job 72-95 Page A -Z these logs are prepared according to Corps of Engineers and Bureau of Reclamation standards. Major Soil classifications are prepared according to the Unified Soil Classification System. Since the description and classification which appears on the Log of Drill Hole is intended to be that which most accurately describes a ' given interval of drill hole (frequently an interval of several ' feet), discrepancies do occur in the Unified Soil Classification System nomenclature between that interval and a particular sample ' in that interval. For example, an eight -foot thick interval in the Log of Drill Hole may be identified as a silty sand (SM) while ' one sample taken within the interval may have individually been ' identified as a sandy silt (ML). This discrepancy is frequently' allowed to remain to emphasize the occurrence of local textural I I variations in the interval. Plate A -Z is a "fold -out" legend to the Log of Drill hole. The descriptive terminology generally conforms to current ASTM standards and is summarized as follows: a. Soil Type - Per Legend of Logs b. Color - at field moisture c. Moisture - (as estimated during drilling) "dry" "damp" - some moisture but less than optimum for compaction I .1 1 Our Job 72 -9S 1 .1 1 1 1 TESTING 1 .1 .1 1 '1 f t I 1 d. e f, Page A -3 "moist" - near optimum "wet" - above optimum "saturated" - containing free moisture Grain size - "fine ", "medium ", and "coarse" Density (granular soils) - "loose" and "dense" Consistency (cohesive soils) "soft" - easily penetrated several inches with thumb "firm" - penetrated several inches with thumb with moderate effort "stiff" - readily indented with thumb but penetrated only with great effort "very stiff" - readily indented with thumb nail "hard" - indented with difficulty with thumbnail Moisture- Density. Field moisture content and in -place density were determined for each eight -inch sample sleeve of undisturbed soil obtained. The field moisture content is deter- mined according to ASTM Test Method D2216 -66 by obtaining one - half the moisture sample from each end of the eight -inch sleeve. The in- place dry density of the sample is determined by using the wet weight of the entire sample. I I .I 1 1 1 .i 1 Iu '1 16IMMl7*1W&4 '1.! Page A -4 At the same time the field moisture content and in -place density are determined, the soil materials at each end of the sleeve are classified according to the Unified Soil Classification System, and, for cohesive soils, the shearing resistance is estimated using a hand- operate, "Torvane ", vane -shear device. The results of the field moisture content and in -place density deter- minations are presented on the right -hand column of Plates A -1.1 through A -1.9 - Log of Drill Hole. The results of the visual classification and vane- shear tests are used for general reference. Compaction Tests. Bulk samples representative of major soil types on -site were tested to determine the maximum dry density and optimum moisture content of each type. These compactive characteristics were determined according to ASTM Test Method D1557 -71. The results are summarized on Plate A -3 - Compaction Test Data. Grain -Size Distribution. As part of the engineering classification of the on -site soils, samples representative of major soil types were tested to determine their distribution of particle size. The distribution is determined in general accord with ASTM Test Method D422 -63; particle size is first determined by a wash- sieving procedure using U.S. Standard Sieves Numbers 3/4 ", 4, 10, 20, 40, 60, 100 and 200. If the sample contains I 1 Our Job 72 -95 Page A -5 rate tests, readings during an increment of load are taken regularly until the change in sample height is less than 0.0001 inch over a two -hour period. The results of the consolidation load tests are summarized on Plates A-4.1 thru A -4.3 - Consolidation 1 Test Data. 11 I 1 more than about 10 percent by weight of material passing the No. ' 200 sieve, a standard hydrometer test is performed. The results of the tests are summarized briefly on Plate ' A -3 - Compaction Test Data. Atterberg Limits. As part of the engineering classifi- cation of the on -site soils, samples representative of major soil ' types were tested to determine their relative plasticity. This relative plasticity is based on the Atterberg Limits using ASTM 1 Test Methods D423 -66 and D424 -59. The results of the test are summarized briefly on Plate A -3 - Compaction Test Data. 1 Consolidation dimensional Tests. The one - consolidation ' properties of undisturbed samples of alluvium were evaluated according to the provisions of ASTM Test Method D2435 -70. In all ' cases, sample diameter is 2.625 inches and sample height is 1.00 inches. Water was added in all cases during the test to produce 1 saturation. Exclusive of special readings during consolidation rate tests, readings during an increment of load are taken regularly until the change in sample height is less than 0.0001 inch over a two -hour period. The results of the consolidation load tests are summarized on Plates A-4.1 thru A -4.3 - Consolidation 1 Test Data. 11 I 1 Our Job 72-95 Page A -6 It should be noted that the graphic presentation of consolidation data is, in fact, a presentation of volume change with change in axial load. As a result, both expansion and con- solidation can be illustrated. Expansion Tests. The one - dimensional expansion of un- disturbed samples of on -site soils were evaluated. Unless other- wise indicated, the test is performed in general accordance with ASTM Test Method D2435 -70 to the extent that the same equipment and sample dimensions used for consolidation testing are used for the determination of expansion. A sample is subjected to a static surcharge, water is introduced to produce saturation, and volume change is measured as in ASTM Test Method D2435 -70. Results are reported as percent change in sample height. To provide a standard definition of one - dimensional expansion, a test was also performed according to the Expansion Index Test referred to as Standard Test 29 -2 of the Uniform Building Code, International Conference of Building Officials. The results from this test procedure are reported, together with other expansion data, as an "expansion index ". The procedure basically consists of performing a loaded swell test on a sample one inch high and four inches in diameter, remolded to a density equivalent to a compactive energy of about I 1 Our Job 72 -95 Page A -7 ' 10,300 foot - pounds per cubic foot, at a moisture content equivalent to a percent saturation not less than 49 nor more than 51. The expansion index is determined as follows: Expansion index equals 1000 (Ah) F where: Ah is the change in sample height in a 24 -hour period F is the sample fraction passing the #4 sieve. The results of the expansion tests performed as part of this work are shown graphically on Plates A -5.1 through A -5.3 - Expansion Test Data. Strength Tests. Consolidated, drained, triaxial com- pression tests were performed to establish the shearing resistance of the test are in accord with ASTM descriptions (e.g. ASTM Publication STP 479, pp 209 - 233). The test is performed using a sample diameter of 2.625 inches and a height /diameter ratio of at least two. Coarse - grained samples are normally saturated using a vacumn applied to the top of the sample; fine - grained samples of comparative low permeability are saturated using the backpressure technique. Tests performed in an undrained condition are monitored for pore pressure. Axial stress is applied, as a constant rate.of strain until failure. Axial stress is monitored by a load cell and deflection is measured with a strain - pickup (linear potentiometer). Both are transferred electronically to an X -Y recorder and plotted automatically. I 1 11 Our Job 72 -95 Page A -8 In cases where degree of saturation is critical, the percent saturation of a sample is verified prior to testing by measuring the water inflow and outflow and adding the difference to the sample's field moisture content. The results of these tests are summarized on Plate A-6 - Shear Test Data. A legend to the test data is presented as Plate A -7. The Plates which complete this Appendix are listed in the Table of Contents. c Y x v a r 0 z c� z W W L^ Q O GRILLED 9/20/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 D }f-1 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL CLASSIFICATION DESCRIPTION r I L' _ W Lo �3 ENGINEERING CLASSIFICATION AND H ,', DESCRIPTION TEST DATA D M_ (RC)_0 ALLUVIUM II� SANDY SILT (ML), gray - 2 i brown, dry to moist, mod- eratel firm. 1 89 -CP GS' �}77)AL,CN, 36- 80 -CNEX(R 2 CLAYEY SILT (ML), gray to 95 5 I brown, stiff, moist, very minor amounts of organics at 5 to 7 feet. 38_79 -CN 67 -CN 55- SILTY CLAY (CL), blue -gray soft, wet on 10 / ••f •y SAND (SP), gray, dense, medium to fine, large amount of shells, moist, 26 -97 ass becoming wet below 12 feet 85 15 off ova and saturated below 15 feet. • • •7 , Bottom at 18 feet. Seepag and caving below 16 feet. Hole backfilled. SHEET 1 OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A- JOB 72 -95 Evans. Goffman & McCormick PLATE A-1.11 EGM -a13 12-67 c Y S U a r r 3 0 c� z W W I.- a 0 DRILLED 9/20/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 DH -2 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL iEW ii ENGINEERING TEST DATA CLASSIFICATION ah W: aW 8= 2 CLASSIFICATION AND M D O DESCRIPTION H DESCRIPTION (RC)- ALLUVIUM SANDY SILT (ML), tan, ver 79 -EX t fine, loose, dry. 8- ,I 24 -81 CLAYEY SILT (ML), some 95 5 sand, gray to brown, firm moist, minor amounts of 34 -84 organics, some caliche. 34 -83 SILTY CLAY (CL), gray, soft wet. SAND (SP), gray, medium to fine, dense, large amount of shells becoming 24_100 „- wet below 12 feet. •o 85 15 Bottom of hole at 15 feet. Water and caving below 13 feet. Hole backfilled SHEET 1OF 1 LOG, OF DRILL HOLE LEGEND ON PLATE A- 2 JOB 72 -95 Evans. Goffman & M°Cormick PLATE A-1.2 EQN -R13 12-67 I 1 1 1 1 1 J i 1 1 .1 1 i 1 s r r 3 v z W W a 0 DRILLED 9/20/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 7 DH -3 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL 0 W d C ENGINEERING TEST DATA CLASSIFICATION ??<h n� CLASSIFICATION AND M * 0 DESCRIPTION W= 83 h w DESCRIPTION {RC) ALLUVIUM SILT (ML), tan, very -EX(N) z fine, soft, dry to damp,. 12 -87 with clay. " g 89-CP,GS, 19(83)AL,TC I Qr 5 (R) CLAYEY SILT (ML), tan to 86 28- III gray, firm, moist, minor amounts of organics & Ncaliche. 33 -86 p' 0 10 a•: SILTY CLAY (CL), gray, soft wet, some peat. SAND (SP), tan, to gray, medium to fine, numerous 23 -101 shells, becoming saturated 85 15 below 12 feet. [_7 25 -104 0 20 7 _q 25 "B 29 -97 •v 70 3o ra) 26 -96 Bottom at 30 feet. Water and caving below 12 feet. Used drilling, mud below 12 feet. Hole backfilled. SHEET 1 OF 1 LOG OF DRILL. HOLE LEGEND ON PLATE A- 2 JOB 72 -95 Evans. Goff man & McCormick PLATE A- 1.3 EG14-R13 12-67 11 1 1 1 1 1 1 :1 1 c Y S u a r r 3 z 0 l7 Z W 1 1 W r ' a 0 1 .1 DRILLED 9/20/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 DH -4 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL CLASSIFICATION DESCRIPTION W a� 3 �W nW �= o W m a y w ENGINEERING CLASSIFICATION AND DESCRIPTION TEST DATA _ M (RC) 0 LLUVIUM I SANDY SILT (ML), tan, very fine, firm $ soft to damp. 82- CN,EX, 8- (N) z 17 -84-CN 5 37- 80- CP,GS, (80) AL I 2 I SILTY CLAY (CH), gray to brown; firm, moist, very minor amounts of organics \-and 39 -76 11.Pi 10 ' �SILTY CLAY (CL) some sand soft, some organics. r.r rr. �O SAND (SP), tan to gray, dense, fine to medium, 23 -100 "' AS 15 large amount of shells, be coming saturated below 13 feet. rrr 80 20 rrr 26 -98 75 25 io 26 -97 rrr rr r/r 30 eve '% 23 -104 Bottom at 30 feet. Water and caving below 13 feet. Drilling mud used below 13 feet. Hole backfilled. SHEET l OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A -2 JOB 72 -95 Evans. Goffman & M °Cormick PLATE A-1.4 GM-R13 12-67 1 1 1 1 1 �1 c Y x v a Y r 3 c c� z W W r a 0 DRILLED 9/20/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 DH -5 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL �� o ENGINEERING TEST DATA CLASSIFICATION 'jQ 19? aW 83 m ` CLASSIFICATION AND M- 0 DESCRIPTION sYi DESCRIPTION (RC)- PAVEMENT Two inches of ASPHALT over 98 -EX I z +4 inches of BASE COURSE 9- ALLUVIUM SANDY SILT (ML), tan, very fine, damp, soft. 32 -85 9 5 1 43_75 -CN P CLAYEY SILT (ML), tan to gray, soft, minor amounts II of organics, moist. 48 - 71 -CN 0 10 '' SAND (SP), gray, medium •• to fine, moist, becoming 909 saturated below 15 feet. • 5 27 -95 we 85 15 see Bottom at 16 feet. Water and caving below 15 feet. Hole backfilled. SHEET 1 OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A-? JOB 72-95 Evans. Goffman & M°Cormick PLATE A-1-5 EGM -1413 ; 12-67 I 1 I i 1 t c Y x u a t r 3 a 0 Ce 0 z W W I.- a a DRILLED 9121172 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 D11- 6: LOGGED BY JEG SURFACE ELEVATION IN FEET loo DATUM Assumed GEOLOGICAL CLASSIFICATION DESCRIPTION a� �E xW Y a y ENGINEERING CLASSIFICATION AND w DESCRIPTION TEST DATA M -(RC) FILL SANDY SILT (ML), some clay, tan, very fine, loose, dry with fragments of con- Crete $ organics, 20 -88 -EX 82 35- 38 -80 23 -100 ALLUVIUM 5_ , / SANDY SILT (ML), tan to gray, very fine, firm, dam . 'i / CLAYEY SILT (ML), tan to ay, firm, moist, minor ounts of organics. 90 10 •"• ��° ''9 LTY CLAY (CL), brown, Iver soft wet. SAND (SP), tan,to gray, fine to medium, dense, large amount of shells, moist to wet. Bottom at 11 feet. No water, no caving. Hole backfilled. SHEET l OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A- JOB 72 -95 Evans. Goffman & WCormick PLATE A -1.6 EGM -R13 1 12-67 0 Y S v d z W W H Q O DRILLED 9/21/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 DH 7 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL , =W o ENGINEERING TEST DATA CLASSIFICATION <� a� CO CLASSIFICATION AND M D O DESCRIPTION W =? y .` DESCRIPTION (RC) ALLUVIUM III �I SANDY SILT (ML), tan, loos g4 i0 CN dry, becoming damp and fir - below two feet. 30_85 Z CLAYEY SILT (ML), some 95 g I sand, tan to gray, firm, i 3 ' moist, minor amounts of 36 -83 organics and caliche, I becoming wet and soft at zp%rpn fapl- 41 -74 •� SAND (SP), some silt, tan 90 10 to gray, medium to fine, ••• dense, moist, large amount ••• of shells, saturated below .8 12 feet. 24 -96 Bottom at 13 feet, water below 12 feet. Hole back- filled. SHEET 1 OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A- JOB 72 -95 Evans. Goffman & M°Cormick PLATE A-1.7 ECM -R13 12-67 1 1 .1 1 J 1 1 1 1 1 1 1 1 i 1 1 1 '1 1 c x x u a r 3 0 c� z W W H Q O DRILLED 9/21/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 LOGGED BY JEG DH -8 SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL CLASSIFICATION DESCRIPTION <"I W? :W nuW �3 + m w ,'„ ENGINEERING i CLASSIFICATION AND DESCRIPTION TEST DATA _ D M (RC) O LLUVIUM I II SANDY SILT (ML), tan, soft very fine, damp below one 1S- 89 -EX foot. 29_87 3 CLAYEY SILT (ML), some 95 5 sand, tan to gray, firm, moist with minor amounts of organics and caliche. 43 -79 SILTY CLAY (CL), tan, soft wet with some peat. 90 10 ` " "3 23_102 SAND (Sp), tan to gray, dense moist. Bottom at 11 feet. No water, no caving. Hole backfilled. y SHEET 1 OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A- 2 JOB 72 -95 Evans. Goffman & M°Cormick PLATE A--l. 8 EGM -N13 12-67 c Y S v a r 3 Cr 0 Ce 0 z W W H Q O DRILLED 9/21/72 WITH Rotary Bucket DIAMETER OF DRILL HOLE IN INCHES 16 DH -9 LOGGED BY JEG SURFACE ELEVATION IN FEET 100 DATUM Assumed GEOLOGICAL w w O u ENGINEERING TEST DATA CLASSIFICATION ah n� �S m CLASSIFICATION AND M -(RC) 0 DESCRIPTION_ N DESCRIPTION FILL I SANDY SILT (ML), tan /I moftled with gray, soft to 14 -88 firm, moist, minor amounts p of organics. 10 -89 95 5 f ALLUVIUM CLAYEY SILT (ML), tan to gray, soft, moist to wet, 31 -91 minor amounts of organics. Thin bed of sandy clay at 10 9 feet. —20 SAND (SP), tan to gray, fine to medium, dense, moist, with large amount of shells. Bottom at 11 feet. No water, no caving. Hole backfilled. SHEET 1 OF 1 LOG OF DRILL HOLE LEGEND ON PLATE A -., JOB 72 -95 Evans. Goffman & M °Cormick PLATE A-1.9 EGM-R13 12 -67 .9q PLASTICITY INO1. FINE GRAINED SOILS COARSE GRAINED SOILS T•o z t 1. 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DEPTH, IN FEET 1 3 5 REPRESENTATIVE FOR Alluvium Alluvium Alluvium SOIL CLASSIFICATION GRAIN SIZES IN PERCENT OF DRY WEIGHT (1) (2) (3) SAND (RETAINED ON 0200 SIEVE) 31 6 1 FINES (PASSING#200SIEVE) 69 94 99 ATTERBERG LIMITS, IN PERCENT OF DRY WEIGHT (1) (2) (3) LIQUID LIMIT 29 - 55 PLASTICITY INDEX 5 N. P. 19 SOIL TYPE AND DESCRIPTION (1) Sandy Silt (ML) withc.clay (2) Silt (ML) with clay (3) Silty clay (CH) COMPACTION PROPERTIES' METHOD OF COMPACTION ASTM STANDARD TEST METHOD D -1557- 64T EQUIVALENT TO A.A.S.H.O. SOIL COMPACTION TEST T180- 57(1/30 CUBIC FOOT MOLD, 10 POUND HAMMER FALLING IS INCHES, 25. BLOWS PER LAYER), MODIFIED TO THREE LAWS. (3) OPTIMUM MOISTURE CONTENT, IN "PEPCENT OF DRY WEIGHT 14 (1) 17 16 MAXIMUM DRY DENSITY, IN POUNDS PER CUBIC FOOT . 115 107 100 COMPACTION TEST DATA JOB C72 -95 Evans. Goffman & M °Cormick PLATE A- 3 EG EOM —R2 12-67 LOAD IN POUNDS PER SQUARE FOOT 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N pp0 F'1 t l0 N M at l0 0 0 Cr 3: 0 H O w 3. z w J D_ i 2 a 6. w O H z w 9 U D w D z_ N N N N N M 1 16 3 36. 3 38 55 D 8 89 8 80 ' '79. 6 67 OPT. M 1 14 MAR,D 1 115 z 12. - RC 7 77 Q = WATER ADDED O H Q 0 o 15' LINE SYMBOL DH-1 H -1 @ 1' DH -1 @ 3' DH -1 @ 5' DH -1 @ ' Z O U CLASSIFICATION ML ML ML - CL SAMPLE TYPE N 18 21 LEGEND ON PLATE A- 7 CONSOLIDATION TEST DATA JOB 72 -9S Evans. Goff man & McCormick PLATE A-4.1 EOM —R2 12-67 N N N N N M 1 16 3 36. 3 38 55 D 8 89 8 80 ' '79. 6 67 OPT. M 1 14 MAR,D 1 115 - RC 7 77 Q = WATER ADDED LOAD IN POUNDS PER SQUARE FOOT 0 0 0 0 0 00 °0 0 ,LN M -7 tD W N M (D m 0 S U' w 2 W J CL a a u- 0 z w 6 0 tr w CL z e z 0 a 0 J 0 10 z 0 U 12 i, WATER ADDED 14 LEGEND ON PLATE A -7 ' CONSOLIDATION TEST DATA JOB 72 -95 Evans. Goffman & McCormick PLATE A -4. E8M -a2 12-67 E6M -R2 12-67 LOAD IN POUNDS PER SQUARE FOOT O N ro Q t0 tb 0 0 0 N 0 In 0 V 0 t0 0 c 0 0 0 n 3 H O w 6 w J CL n 9 u- 0 H w12 U Q: w a z 15 z O a 0 018 z o' U 21 24 WATER ADDED LEGEND ON PLATE A -7 ' CONSOLIDATION TEST DATA JOB 72-95 Evans. Goffman & M°Cormick PLATE A -4.3 E6M -R2 12-67 n E6M -R2 12-67 5 LINE SYMBOL - -- LOCATIOH,DEPTH DH-2 @ 1� DH-3 � 1� CLASSIFICATION : ML NIL SAMPLE TYPE N ?Q M 8 12 4 D 79 87 OPT.M MA %.D RC Z �. = WATER ADDED O 3 y Ex an i n I x test z pe fo m d o sample a from H 1 @ 1' pro uce OIL an Ex a s'o Index of 8 X 2 w F x � 1 w x w J a a u> 0 LL O ® all Z z O 2 _w F V a w o w 1 _a J Z O- y 2 O V 2 t00 CD p O pO S op QQ pq 8 N M O O O O N LOAD IN POUNDS PER SQUARE FOOT EXPANSION TEST DATA JOB 72 -95 Evans. Goffman & M°Cormick PLATE A-5.1 eGM -a3 12"67 eGM -a3 12"67 5 4 LINE SYMBOL —� -- LOCATION,DEPTH � D � cLasslFlcanoH ML MI, SAMPLE TYPE r M $ 9 D 82 98 0 P T. M MAX.D RC QQ =WATER ADDED z 0 3. ® ® Z N z a a x 2 w F x 0 1 w Y w J a a rn 0 LL O z~ Oz w � U a o a 1 J z O — tn z O U 2� w m S O pO 8 8 N In P ID O O — N LOAD IN POUNDS PER SQUARE FOOT ' EXPANSION TEST DATA JOB 72-95 Evans, Goffman & McCormick PLATE A-5,2 EcM ^R3 12-67 LINE SYMBOL —� -- LOCATION,DEPTH � D � cLasslFlcanoH ML MI, SAMPLE TYPE r M $ 9 D 82 98 0 P T. M MAX.D RC QQ =WATER ADDED ® ® Z EcM ^R3 12-67 EGw -R3 12-67 to 7.16a 5 - -- LOCATION,DEPTM � � 2 � CLASSIFICATION rj j, ?✓.], SAMPLE TYPE N N M 20 15 D OPT. M MA %.D RC Q+ = WATER ADDED 4 z 0 3 rn z a a x 2 w H 0 w 1 w J a a rn 0 LL 0 z~ oz w � U a ir a 1 J z O — cn z O U 2 8 0 o V W r� a N LOAD IN POUNDS PER SQUARE FOOT ' EXPANSION TEST DATA JOB 72_95 Evans. Goffman & M`Cormick PLATE A -5,3 EGw -R3 12-67 LINE SYMBOL - -- LOCATION,DEPTM � � 2 � CLASSIFICATION rj j, ?✓.], SAMPLE TYPE N N M 20 15 D OPT. M MA %.D RC Q+ = WATER ADDED EGw -R3 12-67 PLAT: AND RESIDUAL SHEAR STRENGTH IN POUNDS PER SQUARE INCH 0 5 10 15 20 25 �y x U z w 10 a 0 15 M w a y a 20 z D 0 a z 25 0 a 0 J 30 a 0 z 35 EIS] 0! bi i :i SHEAR TEST DATA JOB 72 -95 Evans. Goffman & M°Cormick PLATE A- 6 %m -R9 12 -67 Design Parameters: ¢ = 300 = 150 psf Note: All a co tests pe onsolidat dition on formed in d, draine saturated wi DH a 90 h clay taken -3 @ 3' remolded relative compaction percent. from to 0! bi i :i SHEAR TEST DATA JOB 72 -95 Evans. Goffman & M°Cormick PLATE A- 6 %m -R9 12 -67 U 0 PROPOSAL DOCUMENTS L 1. Notice Inviting Bids declaring surplus real property to be for sale. 2. Resolution No. 7832, A R €SOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE. Said property is shown on the map dated December 16, 1971, designated Drawing No. M- 5146 -L, attached hereto and marked Exhibit "A ". 3. Preliminary.Title Report prepared by Title Insurance and Trust Company of Santa Ana marked Exhibit "B ". 4. Soils report on the subject property prepared by Evans, Goffman, and McCormick of Santa Ana. 5. "Proposal to Purchase" form. All bids must be submitted on an official "Proposal to Purchase" form. Facsimile copies of the official form are not acceptable. PFB:sh 10/13/72 • NOTICE INVITING BIDS SURPLUS REAL PROPERTY BUSHARD STREET AND HAMILTON AVENUE HUNTINGTON BEACH, CALIFORNIA The City of Newport Beach hereby offers for sale 4.7 gross acres (more or less) of unimproved land located on the east side of Bushard Street, one - hundred seventy (170) feet south of Hamilton Avenue in the city of Huntington Beach, California. The dimensions of the property to the Bushard Street centerline are 495 feet east -west by 440 feet north - south. The subject property is presently zoned R -1 (Single Family Residence District). Unconditional sealed bid proposals will be received until Friday, November 17, 1972, at 10:00 a.m. at which time they will be publicly opened and declared in the Office of the City Clerk, 3300 Newport Boulevard, Newport Beach, California. The minimum acceptable bid price is $130,000 and all bids must be accompanied by a deposit of cash or a certified or cashier's check payable to the City of Newport Beach equal to ten percent (10 %) of the amount bid. The Notice to Bidders, official Proposal to Purchase forms, and a soils report are available for $10.00 at the Newport Beach City Hall, Office of the City Clerk. CITY OF NEWPORT BEACH, CALIFORNIA Laura Lagios, City Clerk PFB;sh 10/13/72 CITY OF NEWPORT BEACH SURPLUS REAL PROPERTY BUSHARO STREET AND HAMILTO.N.AVENUE HUNTI,NGTON BEACH, CALIFORNIA iSAI TO 'PURCHASE To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California.92660, Gentlemen: The undersigned declares that he has inspected the location of the surplus property; has carefully read.City Council..Resoiutioh No. 7832 declaring the property to be surplus.,`authorizing its sale;'and setting out the procedures for its sale; has care- fully examined' the preliminary:title'reiport from Title Insurance and Trust Company W and the: Evans, Goffman: and McCormick soils report; and.has consulted with the City of Huntington Beach concerning,applicable °land use regulations,for the property. The undersigned hereby proposes to purchase said real property.and do all things necessary to complete ahe purchase if.he :is the successful bidder in-complete accor- dance with the terms.of-Resolution 7832 and will make full payment therefor within thirty (30) days after the award of the bid. The.undersigned further,declares that his.offer is unconditional and without excep- tion;.that it,is: not conditioned upon the.approval of any proposed development by the City: of Huntington.8each; and that he will. pay all recording costs and closing costs associated "with purchase of the property. .Accompanying this proposal is .a cashier's'check, certified check, or cash deposit equal to ten percent 00%). of .the bid price as .a guarantee that if the.proposal is accepted,, the undersigned wild- complete the purchase transaction..as.provided in Resolution 7832.. The'undersigned is aware that failure of the successful bidder to complete the purchase as: :required shall result in forfeiture of the deposit to the City. • RESOLUTION NO. 7 8 i ') A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City of Newport Beach holds title to the real property in the City of Huntington Beach which was formerly used for a water well site, hereinafter described; and WHEREAS, it appears that the City has no present or prospective need for said property; and WHEREAS, no qualified public agency (including the State of California, County of Orange, and City of Huntington Beach) has offered to purchase the property at fair market value for park and recreation purposes pursuant to the provisions of Sections 54222 and 54223 of the California Government Code; and WHEREAS, proceeds from the sale of this property would be placed in the City Capital Improvement Fund; and WHEREAS, it would be in the best interest of the City to sell said property under the following terms, procedures and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND ORDERS that: SECTION 1. Size - Location. The subject property comprises 4.7 gross acres (more or less) of land located on the east side of Bushard Street, 170 feet (more or less) south of Hamilton Avenue in the City of Huntington Beach, California. The dimensions of the property to the Bushard Street centerline are 495 feet east -west by 440 feet north - south. Said property is shown on the map dated December 16, 1971, designated Drawing No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part hereof by this reference. SECTION 2. Surplus Property - Legal Description. The property as hereinafter described is surplus, and there is no -1- present or prospective need for same: That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 51, page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at the intersection of the west line of said northwest quarter with the westerly prolongation of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in Book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the north- east corner of said land; thence south 440.00 feet along the east line of said land to the south line of said north half of the northwest quarter of the southeast quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning. Except from that portion thereof lying northerly of the southerly 165.00 feet, that portion included within the County road adjacent on the west, as said road existed on March 13, 1922. Said land is shown on a map filed in Book 7, page 37 of Record of Surveys, in the Office of the County Recorder of said County. SECTION 3: Statement of Title. Title Insurance and Trust Company of Santa Ana, California reports that it is prepared to issue, or cause to be issued, in the form of the California Land Title Association Standard Coverage form of Policy of Title Insurance, a policy of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception therein not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. There are no known conditions that would measurably restrict or limit the utility of subject land. A copy of said policy form, marked Exhibit "B ", is attached hereto. SECTION 4. Topography. The property is generally flat and at an elevation of 6.721 feet. SECTION 5. Soils. Soils data on the property was prepared by the firm of Evans, Goffman & McCormick of Santa Ana as -2- an aid to prospective bidders in establishing purchase price. The work is that of the engineers,, and the City makes no warranty, either express or implied, relative to the soils conditions and /or drainage characteristics of the subject parcel. SECTION 6. 2onin4. The subject property is presently zoned R -1 (Single Family Residence District). The City of Newport Beach makes no representations as to use and development standards which may apply to the property. Such information must be obtained from the City of Huntington Beach. SECTION 7. Sealed Bids. Said property is hereby offered for sale, and bids therefor are invited, beginning Friday, October 13, 1972, under the procedure of sealed bidding and public auction as hereinafter set forth. The minimum acceptable bid shall be $130,000.00. Each bid must be on an official Bidders Proposal Form and submitted to the City of Newport Beach, City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 10:00 a.m., Friday, November 17, 1972. All bids shall be in a sealed envelope clearly marked: "SEALED BID PROPOSAL - BUSHARD AND HAMILTON PROPERTY - HUNTINGTON BEACH." SECTION 8. Deposit. Each bid must be unconditional and without qualifications, and be accompanied by a deposit of cash or a certified or Cashier's check payable to the City of Newport Beach, equal to ten percent (10 %) of the amount bid. This deposit is to guarantee that if the City accepts the sealed bid or an oral bid made at the auction (See Section 10) by a bidder, said bidder will complete the purchase within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolution. If qualified sealed bids of equal amounts are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The deposit of the successful bidder shall be applied to the purchase price, and will not be deposited into escrow. Upon acceptance of the successful bid by the City Council, all other deposits -3- 9 0 shall be returned to the bidders. Failure of the successful bidder to complete the purchase as above required shall result in for- feiture of the deposit to the City. SECTION 9. Opening Bids. The sealed bids shall be opened and publicly announced in the Office of the City Clerk at 10 :00 a.m. Friday, November 17, 1972. SECTION 10. Public Auction. At the regular City Council meeting of Monday, November 27, 1972, at 7:30 p.m., the City Clerk shall announce the amount of the highest sealed bid received and the name of the bidder, and the City Manager shall then call for oral bids. To be considered, the first oral bid must exceed the highest sealed bid by $5,000.00. Additional oral bids must be in multiples of $1,000.00 to be acceptable. To be qualified to participate in the public auction, a bidder must have submitted a valid sealed bid, together with the necessary deposit. In conducting the sale, the City Council may waive informalities in bids and may by motion modify the terms of this resolution as deemed necessary to obtain the highest price for the property. SECTION 11. Sale Award. Upon receiving the highest bid obtainable from a qualified bidder, the City Manager shall declare the amount of the highest bid and the name of the bidder. The City Council may then determine whether it wishes to accept or reject the high bid, or the Council may continue the sale until its next regular meeting. SECTION 12. Escrow - Terms. The bidder to whom the Property is sold must make full payment therefor to the City within thirty (30) days after the City Council approves the sale. Upon acceptance of the highest and best bid by the Newport Beach City Council, the City shall open an escrow with the Bank of Newport and forthwith deposit into said escrow a properly executed Grant Deed conveying fee title to the property. SECTION 13. Title Insurance. On notice from Title Insurance and Trust Company that it is prepared to issue at Buyer's ME • expense a CLTA Standard Coverage Title Insurance Policy with liability equal to the full purchase price showing title vested in the highest bidder, subject only to the exceptions shown in the preliminary title report, the bidder.shall deposit into the escrow the difference between the bid award price and his cash or certified check bid deposit. SECTION 14. Real Estate Commissions - Closing Costs. The buyer shall pay for all recording costs and real property transfer taxes within thirty (30) days after the date the City Council approves the sale. All bids will be on a NET NET NET basis, and the City of Newport Beach assumes no responsibility to pay real estate commissions, recording fees, deed transfer fees, escrow fees or cost of Policy of Title Insurance; these costs should be taken into consideration when submitting bids. SECTION 15, Real Property Taxes. Although owned by the City of Newport Beach, a municipal corporation, this property is not exempt from real property taxes. Said taxes will be prorated between buyer and seller to the date of opening of escrow. SECTION 16. Inability to Convey. If the property cannot legally be sold by the City, or the City is unable to convey marketable fee title within a reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and any price paid or deposit made by buyer shall be refunded and no liability of the City shall exist or arise from such cancella- tion. SECTION 17. No warranty. No warranty is made or intended by any statement in this resolution or the notice of sale, or otherwise, with respect to location, size, zone or utility or interest therein which is sold or offered for sale. SECTION 18. Withdrawal from Sale. The City Council reserves the right to reject any and all bids. SECTION 19. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or -5- location, description, zone and approximate size of the property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional information may be obtained from the City Clerk's office. The notice shall be published once in the official newspaper of the City, and copies of the notice and resolution shall be made available for, inspection in the City Clerk's office. SECTION 20. Official Bidders Proposal Form. All bids must be submitted on an official Bidders Proposal Form available for purchase in the City Clerk's office for $10.00. Facsimile copies of the official form are not acceptable. ADOPTED this 10th day of October , 1972. ATTEST: City Clerk CERTIFlnED,,A§ A TP.UE AND ORfECT COPY CITY CLERK U THE CITY OF N WP60 BEACH 0 O 12 1972 DATE; ._ ............... _ ................. Mayor Q �..�` " CqL �R -6- PFB :mh 9/28/72 +� V CE/V 7Ef7 SEC. /B- 6 -/O HAM /L 7-0 IV ST. N: LINE aa/ /roc 4 �9J ° a �O ,O P V ELEK 6.7Z-t Q � f9S' =� °• •ozss' eis. oe' o �V V. 00� 3C,0 L E / "• JOO YAM /L TON sr Cl 7-y C/TY PROPERTY a? 14 of Y — BANN /NG AI'L. �a a Y ,VU/VT/A/GTOA/ NIS G /TY Y9E.4CS/ of v r sEAC N r 'cam �n i 7�1 1 CITY OF NEWPORT BEACH DRAWNVa4-,rT6.0r DATE 14d.C. 71 PUBLIC WORKS DEPARTMENT APP+OVE wDl'r, C17'Y MANwa Ell P.90AE/4 T Y FOR SALE .4T 4&u.5H.4R0 .4N0 f/.4MlL7r0/V CRAWINO N0. /V -514f 6 -L //V A141 V T //VG TD IV REACH CONDITIONS AND STIPULATIONS (Continued and Concluded From Revbrse Side of Policy Face) the full amount of this policy, together with all costs, attorneys' fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event, after notice of claim has been given to the Com- pany by the Insured, the Company offers m purchase said indebtedness, the owner of such indebtedness shall transfer and assign .said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed, in all, the actual loss of the Insured and trots and attorneys' fees which the Company may be obligated heteunder . to pay. (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys fees in litigation car tied on by the Insured with the written authorization of the Company. (c) No claim for damages shall atise of be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien of encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a teasanable time after receipt of such notice. of -(2) for liability voluntarily assumed by the Insured in settling any claim of suit without written consent of the Company, or (3) in the event the title is rejected as unmarketable because of a defect, lien of encumbrance not excepted at excluded in this policy, until there has been a final determination by a court of competent jutis. diction sustaining such rejection. (d) All payments under this policy, ex. cept payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro canto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished ro the satisfaction of the Com- pany; provided. however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanto the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such moto gage. Payment in full by any person or voluntary satisfaction at release by the In- sured of a mortgage covered by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be pay able within thirty days thereafter. R. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown at referred to in Schedule B hereof or any mortgage here- after executed by the insured which is a charge or lien on the estate of interest described of referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered g shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires tide to said estate or interest in satisfaction of said indebtedness or any part. thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all tight of sub- rogation shall vest in the Company un- affected by any act of the Insured, and it shall be subtogated to and be entitled to all rights and remedies which the Insured would have had against any person or prop- erty in respect to such claim had (his policy not been issued. If the payment does not cover the loss of the Insured, the Company shall be subtogated to such tights and remedies in the proportion which said pay- ment bears to the amount of said loss. If loss should result from any act of the In- stated, such act shall not void this policy. but the Company. in that event. shall be required to pay only that part of any losses insured against hereunder which shall ex reed the amount. if any, host to the Com- pany by reason of the impairment of the tight of subrogation. The Insured, if to quested by the Company, shall transfer to the Company all tights and remedies against any person of Property necessary in order to perfect such tight of subtogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such tights of remedies. If the Insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release of substitute the personal liability of any debtor of guarantor, of extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, of release any cob lateral security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions of rights of action that the Insured may have or may bring against the Company arising our o` the status of the lien of the mortgage coveted by this policy or the tide of the estate of interest insured herein must be based on the provisions of this policy. No provision or condition of this polity can be waived or changed except by writing endorsed here= of attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary of other validating officer of the Company. I1. NOTICES, WHERE SENT All notices requited to be given the Com- pany and any statement in writing requited to he furnished the Company shall be ad- dressed to it at the office which issued this policy or to its Home Office, 433 South Spring Sum, Los Angeles, California 90051. 12. THE PREMIUM SPECIFIED IN SCHEDULE A 15 THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE, TI Title Insurance+ and Trust Company 0 4 TI TO 1012 FC (5 -72) California Land Title Association Standard Coverage Policy Form Copyright 1943 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Tide Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective dare, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage nor exceeding the amount stated in Schedule A, together with costs, arromeys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C. existing at the date hereof, nor shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such .tide; or 3. Any defect in the execurion of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, bur only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance nor shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, howeyer,'to,ihe , ptovis4Ht ;,of Schedules A, B and C and to the Conditions and Stipulations hereto annezed., In Witness Whereof; Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Title Insurance and Trust Company by %-.- PRESIDENT Attest 04 ( f ` � /]j SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following Terms when used in This policy mean: (a) "land ": The land described, specific ally or by reference, in Schedule C and improvements affixed Thereto which by law constitute real property; (b) "public records ". Thine records which impart constructive notice of matters relating to said .land; (c) "knowledge ": actual knowledge, nun constructive knowledge or notice which may be impured to the Insured by reason of any public records; (d) "dare' : the effective dare; (e) mortgage- ! mortgage, deed of Trust, :trust deed, or other security instrument; and (f) "insured ": The parry or parries named as insured, and if The owner of The in- debredness secured by a mortgage shown m Schedule B is named as -an Insured in Schedule A, The Insured shall include (1) each .successor in interest in ownership of such indebtedness, (2) any such owner who acquires the estate or interest referred to in This policy by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or insh umentaliry which is an in- surer or guarantor under an insurance con- tract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or nor, subject otherwise to The provisions hereof. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of The indebtedness secured by a. mortgage described in Sched- ule B acquires said estate or interest, or any parr Thereof, by foreclosure, Trustee's sale, or other legal manner in satisfaction of said indebtedness, or any parr Thereof, or if a federal agency or instrumentality acquires said estate or imeresry or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage covered by this policy, or any part Thereof, This policy shall continue in force in .favor of such Insured, agency or instrumentality, subject to all of the conditions and Sri pula- tions hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss aT damage by reasons of The following:: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting The occupancy, use or enjoyment of The land, or regulating the character, dimensions, or laarion of any improvement now or hereafter erected on said land, or prohibiting a separan on in ownership or a reduction in the dimensions or area of any for or parcel of land. (b) Governmental rights of police power or eminent domain unless notice of the exercise of such 'rights appears in The public records at The date hereof. (c) Tide to any property beyond the lines of the land expressly described in Schedule C, oT title ru sneers, roads, ave. ours, Eons, ways or warerways on which such land abuts. or the right to maintain Therein oluirs, runnels, ramps or any other structure or improvement, or any rights or easements Therein unless This polity specific- ally provides thar such property, rights or easements are insured, except That if the .land abuts upon one of enure physiolly open .sneers sir highways this policy insures The ordinary rights of aborting owners for access To one of such sitters or highways, unless otherwise extepred or excluded herein. (d) Defects, liens, entumhmnces, adverse claims against The title as insured or other matters (1) created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to The Insured Claimant either at The dare of This policy or at the dare such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records; unless dlsl'InfnTe thereof in writing by the Insured shall have been made to the Colon- party prior to The dare of this policy: or (3) resulting in no loss to The Insured Claim- ant, or (4) attaching or created subsequent To The dace hereof. (e) Loss or damage which would mir have been sustained if The Insured were a purchaser or encumbrancer for value with- out knowledge, 4, DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cast and without undue delay shall provide (I) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced .against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mort- gage and indebtedness covered by this policy or a sale of The estate or interest in said land; or (2.) for such action as may be appropriate To establish The title of The estate or .interest or the lien of the mort- gage as insured, which litigation or .action in any of such events is founded upon an alleged defect, lien or encumbrance in -. sured against by this policy, and may pur- sue any Itri arion To final determination in he c nor , of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, at in case knowledge shall cane to The In sured of any claim of Tide or interest which is .adverse to The title of The estate or in- terest a lien of the mortgage as insuied, or which might cause lass or damage for which The Company shall or may be liable by virtue of this policy, or if The Insured shall in good faith contract To sell The in- debredness secured by a mortgage covered by this policy, or, if an Insured in good faith leases ut contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a ral gage covered by This policy refuses to pur- chase and in any such event the Title to said estate or interest is rejected as un- marketable, the Insured_ shall notify the Company rhereuf in writing. If such notice shall not he given in The Company within ten days of the receipt of pruc ss in plead- ings or if the In.surrd shall not. in morning, pr,miplly noify rho Company of any do :feet. lien or encumbrance insured against which shall come to the knowledge of The Insured, ur if the Insured shall nos, in writing. prnniptly notify The Company of any such rejettiun by reason of claimed on marketability of tide, then all liability of the Company in regard to the subject matter of such action, proceeding or matter shall cease and Terminate; provided, however, That failure to notify shall in nu lase premdice The Claim of any Insured unless Tile Company shall he actually prejudiced by such failure and Then only ro the txicnr of such prejudice. (c)_ The Company shall have The right at its own cost To institute and prosecute any action or proceeding oT do any other act which in its opinion may be necessary or desirable to establish The tide of The estate or interest or the lien of the mort- gage as insured; and The Company may take any appropriate action under The Terns of this policy whether or nor it shall be liable Thereunder and shall nor thereby concede liability or waive any provision of this policy. (d) In all cases where This policy per. mirs or requires the Company Tit prosecute or provide for the defense of any action or proceeding, The Insured shall .secure To it the right m so prosecute or provide de- fense in such action or proceeding, and all appeals Therein, and permit it to use, at its option, The name of The Insured for such purpose. Whenever requested by the Com- pany The Insured shall give The Company all reasonable aid in any such action or proceeding, in effecting settlement, securing evidence, obtaining witnesses, or prosecu- ting, or defending such action or proceed- ing, and The Company shall reimburse The Insured for any expense so incurred. S. NOTICE OF LOSS LIMITATION OF ACTION In addition to The notices required under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under This policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined and no right of action shall accrue To the Insured under This policy until thirty days after such statement shall have been furnished, and no recovery shall be had by The Insured under this policy unless action shall he commenced thereon within five years after expiration of said Thirty day period. Failure to furnish such statement of loss a damage, or to commence such action within The time herembefore specified, shall be a con- clusive bar against maintenance by the In- sured of any .action under this polity. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have The option To pay or .settle or compromise for or in the name of The Insured any claim insured against or To pay The full amount id this policy, or, in case loss is claimed under This policy by the owner of the indebtedness secured by a morrgagc covered by this policy, the Company shall have the option To purchase said indebtedness; such pur- chase, payment ut Tender of payment of (Conditions and Sripulotions Continued and Concluded on Last Page of This Policy) rc. ,e,a, As e standard C=WMAkV0-*W SCHEDULE A Paemiom $ 5 45.0 0 Effective Amount $ 175, Dnn.0n Date OCTOBER 9, 1972 AT 8 :00 A.M. Policy No. 505859 1laevaan CITY OF P!EIIPORT BEACH, A MUPIICIPAL CORPORATION. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF NE §PORT BEACH, A MUPIICIPAL CORPORATION. E. The estate or interest in the lend described or referred to in Schedule C covered by this policy is a fee. SCHEDULE B This policy does not man against loss or damp by reecan of the following: PART I 1. Tazo or laments which are not shown as existing liens by tha records of any taring authority that levies taus or sssatmtants on reel properly or by the public records, i is Any facytt% rights, interests. or claims which are not shown by the public records but which Wald be ascertained by an inspection of said land or by making inquiry of persons in poesassion thereof. & F.esemants, ciaims of easement or encumbrenca which are not shown by the public records. 4. Discrepancies, oonBicp in boundary limes, shortage wi encroechmenta or any other facts which a correct survey would disclose, and which are not shown by rho public records. S. Unpatented mining -brims; reesrrratioms or exceptions in patents or in Acts suthoiriug the ieeuance thereof; water rights, eloims or title to water. To 1017.18 cell. C Culll.rnla land Till..Mledell.n SI. Merd C —.'... P.11 -106] S C H E D U L E B— (COntlnw d P.AFM II 1. GENERAL ANT) SPECIAL TAXES FOR THE FISCAL YRAR 1972 -1973, A LI °N NOT YET PAYABLF. 2 THE USE A'D CONTROL OF CIENFGAS AND NATURAL STRFAMS OF !WATE?, IF ANY, NATURALLY UPOM, FLOWING ACROSS, INTO OR BY SAID LAND, AND THE RIGHT OF !FAY FOP. AND TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH ',:'\I^ LAI'^ TO I"^IGATE OR ?RA,I "I THE ADJACF. !T LA "`P, AS RFSF -RVED I`! THE DEED RECORDED ICJ BOOM, 301 PAGE 220, DEEDS. 3. AN EASEMENT FOR ROADS, RAILROADS AND DITCHES AS RESERVED IN T'IE II "STRIAIFIIT Ar.nVF: f!Ft-!TIOf!ED, OV °R THE (JEST 20 FEET OF SAID LAND. a. Naas le AS.a la. /VI With An fond Title ent - F. loan ,.,.j.1970 With AITA Endwrm�nf - F. 1 Cavaraas. w an land Title Axulalion Owaar's polity far. Fwm. 81970 or California land Title oiI Sfondard Cowrapa plicp19A SCHEDULE C The land referred to in this policy is described as follows: T!1AT POP.TIP)I! OF T'IF '!OPTII HALF OF THE NOP•TH!lEST QUARTER OF THE SOUTH - EAST OUAPT':? OF S CTIO.'i 13, T01•!NSHIP Fi SOUTH, RANGE 10 WEST, If! THE RAHCHO LAS BOLSAS, CITY OF HUrJTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK, 51, PAGE 14, OF MISCELLANEOUS RAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DFSCRIBFD AS FOLLO`!S : CI'!hlIi'� AT T!L° Ir!T'?PSFCTTON OF TIV- WFST LT'!:° OF �,nlr� `1ORT! WFST TIA2I '::IT:I T " ITL. ^:LY P:IOLO.?f_.AjlI :,: OF T:IC NOQT. LINE OF THE LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED RECORDED AUGUST 7, 1923, IN BOOK 431, PAGE 276, OF DEEDS OF SAID ORANGE COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATION AND SAID MORTH LI'''' TO THE N!ORTHEAST COPNER OF SAID LAND; THENCE SOUTH 440.00 FEET ALONG THE EAST LIidE OF SAID LAND TO THE SOUTH LINE OF SAID MORTH HALF OF THE NORTH'-!EST OIARTFR OF THE SOUTHEAST QUARTER; THENCE WEST 495.00 FEET ALONG SAID SOUTH LINE TO THE ! -,EST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH lt4o.00 FE.[T ALONE, SAID 'IFST LIME TO THE POINT OF BEGINNING. F::CFPT FROM THAT PORTION THEREOF LYIMG NORTHERLY OF THE SOUTHERLY 155.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON THE WEST, AS SAID ROAD EXISTED ON MARCH 13, 1922. SAID LAND IS S1-101gP! ON A MAP FILED IN ROOK. 7, PAGE 37, OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 0 CLTA 107.8 (4.10.69) (6.71) ALTA OR STANDARD COVERAGE INDORSEMENT ATTACHED TO POLICY NO. 5 5 8 5 9 ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth in lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Hl g) � i••pl ) ' � r!P �t f •IFS A 11%1, )VGELESt Title Insurance and Trust Company By °4 91�7 SECRETARY To 230 VC wro 1 -r24 9.69 is 0 I 12 I Jz- t� a This is not a survey of the land but is compiled for Title Insurance and Trust Company from data shown by G S'j 12 /OW rmation by the official records. FORM too • • RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS REPORT OF WELL ABANDONMENT 830 Nortb La Bre-_a.1nR1ewood QQ302--- -_,_ -- California October 3_ 1972 — _PACIFIG_�PPLY COOPEj;� VI E_, _ __ 3225 @cean Blvd --- -- --- ---- ------------ -- - --- - - - ---- �oro ik del Mar CA 92625 :.� DEAR SIR: Your report of abandonment of Well No ........ .IC ty__of _lye 9r t!!__l __LQS2_ QQSZfll._, R .... 10 -R.... ... & M„ ......... Test_belap9st-- --------- - -_ -field, - ____- Qr_ange ------ _ ----------- County, dated__ - Sept- __27,. - 19.71, received ---- Sept-.-28,--19.72, has been examined in conjunction with records filed in this office. A review of the reports and records shows that the requirements of this Division, which are based on all information filed with it, have been fulfilled- ADS:rk cc Headquarters Production Dept. Conservation Comm, Orange Co. Dept of Bldg 6& Safety Dept of Oilfield Control JoHN F. MATrn :ws„ JR. BLANKET BOND State Oil and Qw Suyerokor By-------- �� - 11411 -1b 1-11 .M alp I CITE' OF NE-` PORT BEACH January 18, 1973 R. K. Elliot Construction & Development Co. 930 South Newhope Street Santa Ana, California 92704 Shapell Industries, Inc. 8383 Wilshire Blvd. Suite 700 Beverly Hills, California 90211 CALIFORNIA 92660 City Fall 3300 Newport Blvd. (7141 . 673 -2110 Frank H. Ayres and Son 20951 Brookhurst Street Huntington Beach, California 92646 Subject: Sale of 4.7 Acre'Surplus "City Property in Huntington Beach Gentlemen: On Monday, January 22, 1973, prom tl at 7:30 P.M., the results of the sealed bidding for the subject parcel will be announced in the Newport Beach City Council Chambers. The City Manager will then call for oral bids. In order for an auction to take place during Monday night's Council meeting, either the Shapell or Ayres company must submit an oral bid of $139,000.00. Your attention is directed to Resolution No. 7881 setting forth the auction procedures. A copy of the City Manager's report to the City Council is enclosed. We shall look forward to seeing you Monday evening. Very truly yours, LAURA LAGIOS City Clerk LL /PFB:cs Attachment January 23, 1973 Shapell Industries, Inc. 83£3 Wilshire Blvd.. Suite 700 Los Angeles, CA Subject: Property at Bushard Street and Hamilton Avenue, Huntington Beach. Enclosed is cashiers check in the amount of $13, 000. 00 which was submitted by you with your bidders proposal to purchase subject property. The City appreciates your interest in said property by submitting your sealed bid. As you know, the property was sold to Frank H. Ayres & Son for $139, 000.00. Laura Lagios, C. M. C. City Clerk LL-.dg Encl. cc: City Manager 0 -rH, OlIDER OF CITY OF NEWPORT BEACH 13,000.00*-- 90-1876 1223 Beverly Hills Ranional Head Office UNION BANK AVilybire at Beverly Drive Beverly hills. California 90212 11000 23 SO 9 1112 i:1223,,,1876':20005 300020 Y • CITY OF NEWPORT BEACH SURPLUS REAL PROPERTY BUSHARD STREET AND HAMILTON AVENUE HUNTINGTON BEACH, CALIFORNIA PROPOSAL TO PURCHASE To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has inspected the location of the surplus property; has carefully read City Council Resolution No. 7881 declaring the property to be surplus, authorizing its sale, and setting out the procedures for its sale; has care- fully examined the preliminary title report from Title Insurance and Trust Company and the Evans, Goffman and McCormick soils report; and has consulted with the City of Huntington Beach concerning applicable land use regulations for the property. The undersigned hereby proposes to purchase said real property and do all things necessary to complete the purchase if he is the successful bidder in complete accor- dance with the terms of Resolution 7881 and will make full payment therefor within thirty (30) days after the award of the bid. The undersigned further declares that his offer is unconditional and without excep- tion; that it is not conditioned upon the approval of any proposed development by the City of Huntington Beach; and that he will pay all recording costs and closing costs associated with purchase of the property. Accompanying this proposal is a cashier's check, certified check, or cash deposit equal to ten percent (10 %) of the bid price as a guarantee that if the proposal is accepted, the undersigned will complete the purchase transaction as provided in Resolution 7881. The undersigned is aware that failure of the successful bidder to complete the purchase as required shall result in forfeiture of the deposit to the City. TOTAL BID PRICE WRITTEN IN WORDS - One Hundred Thirty Thousan4Z011ars and ------ - - - - -- No - - - - -- Cents Shapell Industries, Inc. Bidder's Name 8383 Wilshire Blvd., Suite 700 3idder's Address 655 -7330 Telephone Number PFB:ep 11/30/72 (Revised) WRITTEN IN NUMBERS - , Shapell, January 9, 1973 Date January 23, 1973 R. K. Elliott ConstrucHui: & Development Co. 930 S. Newhope Street Santa Ana, CA 92704 Subject: Property at Bushard Street and Hamilton Avenue, Huntington Beach. Enclosed is cashiers check in the amount of $13, 400. 00 which was submitted by you with your bidders proposal to purchase subject property. The City appreciates your interest in said property and your participation in the auction. As you know, the property was sold to Frank H. Ayres & Son for $139, 000. 00. Laura lAgios, C. M. C. City Clerk LL:dg Encl. cc: City Manager FIRST BANCASHIER'S CHECK 4TH AND MAIN STREET - SANTA ANA, CALIFORNIA N"0 07435 197-� 90-183 P y 1222 A TO THE .... ORDER OF LL4, - 7;— r F 1i 1. 1 14 41A d0d'31'LllIlI!0 mo 1, GAMER's CHECK AUTHORIZED SIGNATURE IP GO 10 743SO 41222-011331: 0017-1930011l i i v O n o � m = � u o i n� ¢ d a � a N C O Ll C Z C I ; O � m z Y �6 L r N C L 2 U O U 4- d m• v ro U > U O ^ L d 0 Y v 3 O L ro w•.-Od z rn am ro 3 O Z L ro O } L O O F O 3 r+ am N U J M Z c 0 Q 2 m J � d N O d O K a D co Im w J Q ci CITY OF NEWPORT BEACH. SURPLUS REAL PROPERTY BUSHARD STREET AND HAMILTON AVENUE HUNTINGTON BEACH, CALIFORNIA PROPOSAL TO PURCHASE To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has inspected the location of the surplus property; has carefully read City Council Resolution No. 7832 declaring the property to be surplus, authorizing its sale, and setting out the procedures for its sale; has care- fully examined the preliminary title report from Title Insurance and Trust Company and the Evans, Goffman and McCormick soils report; and has consulted with the City of Huntington Beach concerning applicable land use regulations for the property. The undersigned hereby proposes to purchase said real property and do all things necessary to complete the purchase if he is the successful bidder in complete accor- dance with the terms of Resolution 7832 and will make full payment therefor within thirty (30) days after the award of the bid. The undersigned further declares that his offer is unconditional and without excep- tion; that it is not conditioned upon the approval of any proposed development by the City of Huntington Beach; and that he will pay all recording costs and closing costs associated with purchase of the property. Accompanying this proposal is a cashier's check, certified check, or cash deposit equal to ten percent (10 %) of the bid price as a guarantee that if the proposal is accepted, the undersigned will complete the purchase transaction as provided in Resolution 7832. The undersigned is aware that failure of the successful bidder to complete the purchase as required shall result in forfeiture of the deposit to the City. TOTAL BID PRICE WRITTEN IN WORDS - One Hundred Thirty Four Thousan6ollars and No Cents R. K. Elliott Construction & Development Co Bidders Name 930 S. Newhope St., Santa Ana, California 92704 Bidders Address 638 -8533 Telephone Number WRITTEN IN NUMBERS - $ 134,000.00 Authored Signature R. K. Elliott January 8, 1973 Cashier's check from First Western Bank in the amount of $13,400.00 (TO% of bid) attasbed. PFB :sh 10/13/72 RESOLUTION NO. 7881. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REJECTING ALL BID PROPOSALS FOR THE BUSHARD AND HAMILTON PROPERTY, HUNTING - TON BEACH, AUTHORIZING REBIDDING, AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, on October 10, 1972, the City Council of the City of Newport Beach adopted Resolution No. 7832, de- claring certain real property to be surplus, authorizing its sale and setting out the procedure for its sale; and WHEREAS, the sealed bids were opened and publicly announced in the office of the City Clerk at 10:00 A.M. Friday, November 17, 1972; and WHEREAS, only one bid, in the amount of $130,000.00, was submitted for the purchase of the property; and WHEREAS, pursuant to Sections 11 and 18 of Resolution No. 7832, the City Council has determined that it would be in the best interest of the City to reject the one bid and offer to resell the property under the following terms, procedures, and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND ORDERS THAT: SECTION 1. Size - Location. The subject property- comprises 4.7 gross acres (more or less) of land located on the east side of Bushard Street, 170 feet (more or less) south of Hamilton Avenue in the City of Huntington Beach, California. The dimensions of the property to the Bushard Street centerline are 495 feet east -west by 440 feet north-south. Said property is shown on the map dated December 16, 1971, designated Drawing No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part hereof by this reference. SECTION 2. Surplus Property - Legal Description. The property as hereinafter described is surplus, and there is no -1- present or prospective need for same: That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per may recorded in Book 51, page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at the intersection of the west line of said northwest quarter with the westerly prolongation of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the northeast corner of said land; thence south 440.00 feet along the east line of said land to the south line of said north half of the northwest quarter of the southeast quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning, Except from that portion thereof lying northerly of the southerly 165.00 feet, that portion included within the County road adjacent on the west, as said road existed on March 13, 1922. Said land is shown on a map filed in Book 7, page 37 of Records of Surveys, in the Office of the County Recorder of said County. SECTION 3. Statement of Title. Title Insurance and Trust Company of Santa Ana, California reports that it is pre- pared to issue, or cause to be issued, in the form of the California Land Title Association Standard Coverage form of Policy of Title Insurance, a policy of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Excep- tion therein not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. There are no known conditions that would measurably restrict or limit the utility of subject land. A copy of said policy form, marked Exhibit "B ", is attached hereto. SECTION 4. Topography. The property is generally flat and at an elevation of 6.72+ feet. -2- C SECTION 5. Soils. Soils data on the property was prepared by the firm of Evans, Goffman & McCormick of Santa Ana as an aid to prospective bidders in establishing purchase price.. The work is that of the engineers, and the City makes no war= runty, either express or implied, relative to the soils conditions and /or drainage characteristics of the subject parcel. SECTION 6. zoning. The subject property is presently zoned R -1 (Single Family Residence District). The City of Newport Beach makes no representations as to use and development standards which may apply to the property. Such information must be ob- tained from the City of Huntington Beach. SECTION 7. Sealed Bids. Said property is hereby offered for sale, and bids therefor are invited, beginning Friday, December 1, 1972, under the procedure of sealed bidding and public auction as hereinafter set forth. The minimum ac- ceptable bid shall be $130,000.00. Each bid must be on an of- ficial Bidders Proposal Form and submitted to the City of Newport Beach, City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 10 :00 A.M., Friday, January 12, 1973. All bids shall be in a sealed envelope clearly masked: "SEALED BID PROPOSAL - BUSHARD AND HAMILTON PROPERTY - HUNTINGTON BEACH." SECTION 8. Deposit. Each bid must be unconditional and without qualifications, and be accompanied by a deposit of cash or a certified or Cashier's check payable to the City of Newport Beach, equal to ten percent (10 /) of the amount bid. This deposit is to guarantee that if the City accepts the sealed bid or an oral bid made at the auction (See Section 10) by a bidder, said bidder will complete the purchase within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolution. If qualified sealed bids of equal amounts are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The -3- DON:sh 11/29/72 deposit of the successful bidder shall be applied to the purchase price, and will not be deposited into escrow. Upon acceptance of the successful bid by the City Council, all other deposits shall be returned to the bidders. Failure of the successful bidder to complete the purchase as above required shall result in forfeiture of the deposit to the City. SECTION 9. Opening Bids. The sealed bids shall be opened and publicly announced in the Office of the City Clerk at f 10:00 A.M., Friday, January 12, 1973. T SECTION 10. Public Auction. At the regular City Council / meeting of Monday, January 22, 1973, at 7:30 P.M., the City Clerk shall announce the amount of the highest sealed bid received and the name of the bidder, and the City Manager shall then call for oral bids. To be considered, the first oral bid must exceed the highest sealed bid by $5,000.00. Additional oral bids must be in multiples of $1,000.00 to be acceptable. To be qualified to participate in the public auction, a bidder must have submitted a valid sealed bid, together with the necessary deposit. In conducting the sale, the City Council may waive informalities in bids and may by motion modify the terms of this resolution as deemed necessary to obtain the highest price for the property. SECTION 11. Sale Award Upon receiving the highest bid obtainable from a qualified bidder, the City Manager shall declare the amount of the highest bid and the name of the bidder. The City Council may then determine whether it wishes to accept or reject the high bid, or the Council may continue the sale until its next regular meeting. SECTION 12. Escrow - Terms. The bidder to whom the property is sold must make full payment therefor to the City -4- DON:sh 11/29/72 0 0 within thirty (30) days after the City Council approves the sale,. Upon acceptance of the highest and best bid by the Newport Beach City Council, the City shall open an escrow with the Bank of Newport and forthwith deposit into said escrow a properly executed Grant Deed conveying fee title to the property. SECTION 13. Title Insurance. On notice from Title Insurance and Trust Company that it is prepared to issue at Buyer's expense a CLTA Standard C(werage Title Insurance Policy with liability equal to the full purchase price showing title vested in the highest bidder, subject only to the exceptions shown in the preliminary title report, the bidder shall deposit into the escrow the difference between the bid award price and his cash or certified check bid deposit. SECTION 14. Real Estate Commissions - Closing Costs. The buyer shall pay for all recording costs and real property transfer taxes within thirty (30) days after the date the City Council approves the sale. All bids will be on a NET NET NET basis, and the City of Newport Beach assumes no responsibility to pay real estate commissions, recording fees, deed transfer fees, escrow fees or cost of Policy of Title Insurance; these costs should be taken into consideration when submitting bids. SECTION 15. Real Property Taxes. Although owned by the City of Newport Beach, a municipal corporation, this property is not exempt from real property taxes. Said taxes will be pro- rated between buyer and seller to the date of opening of escrow. SECTION 16. Inability to Convey. If the property cannot legally be sold by the City, or the City is unable to convey marketable fee title within a reasonable time after the date of sale, the sale shall be void and deemed mutually can- celled, and any price paid or deposit made by buyer shall be refunded and no liability of the City shall exist or arise from such cancellation. -5- SECTION 17. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale, or otherwise, with respect to location, size, zone or utility or interest therein which is sold or offered for sale. SECTION 18. Withdrawal from Sale. The City Council reserves the right to reject any and all bids. SECTION 19. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the ad- dress or location, description, zone and approximate size of the property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional information may be obtained from the City Clerk's office. The notice shall be published once in the official newspaper of the City, and copies of the notice and resolution shall be made available for inspection in the City Clerk's office. SECTION 20. Official Bidders Proposal Form. All bids must be submitted on an official Bidders Proposal Form avail- able for purchase in the City Clerk's office for $10.00. Facsimile copies of the official form are not acceptable. ADOPTED this 27th day of November , 1972. ATTEST: CYfGKG . City Clerk MM. i DON dm 11/20/72 •CENTEfi SEC. /S- 6 -/O f/AM /L TON ST. - - - -i A/. LING *te / %7G h ELEI! 6.W 0 � S J° o� V 1 um 00, X. N ,?C.44 E-' / "- .900 CITY OF NEWPORT BEACH DRAWN .. a-xrr -r DATE T/ _ PUBLIC WORKS DEPARTMENT APPROVE PROPEfITY FOR SALE Ass•r.Xcirr MANAGER .47- B!/SHARAO AND NAM /L TON //V f!U/VT /NGTO/V 41SE4C" DRAWING NO. yAM /ETON $T, C /TY a Pi90PfRTY �Y �� 0 0 Y ___ OANN /NG AYi. IVUIV T/N (i TON a c /TY BEACH OF � NGWi1�If v r CITY OF NEWPORT BEACH DRAWN .. a-xrr -r DATE T/ _ PUBLIC WORKS DEPARTMENT APPROVE PROPEfITY FOR SALE Ass•r.Xcirr MANAGER .47- B!/SHARAO AND NAM /L TON //V f!U/VT /NGTO/V 41SE4C" DRAWING NO. CONDITIONS AND STIPULATIONS (Continued end Concluded From Reverse Side of Policy Fore) the full amount of this policy, together w,th all costs, attorneys fern and expense: whole the Company is obligated hereunder to pay, shall terminate all liability of the ('ompany hereunder. In the event, after notice of claim has been given to the Com p:my by the Insured, the Company offers to purchase said indebtedness. the owner of such indebtedness shall transfer and assign ,aid indebtedness and the mortgage securing the same to the Company upon payment . of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under, this polity ..shall in no case exceed, in all. ;he actual loss of the Insured and costs and :dtotneys' fees which the Company may be obligated hereunder to pay. (h) The Company will pay, in addition to any loss insured against by this policy, All costs imposed upon the. Insured in lit': gation carried on by the Company for the insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable. under this policy (I) if the Company, aftet having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein terroves such defect, lien or encumbrance within a teasonable time .after receipt of such notice. or (2) for liability voluntarily assumed by the Insured in settling any claim or suit without written consent of the Company, or (.3) in the event the title is rejected as unmarketable because of a defect, lien or encumbrance not excepted or excluded in this policy. until there has been a. final determination by a court of competent jutis diction sustaining such rejection. (d) All payments under this policy, ex. cept payments made for costs, attorneys' fern and expenses, shall reduce the amount of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case ptoof of such loss or destruction shall be furnished to the satisfaction of the Com- pany; provided., however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then' such pavments shall not reduce pro tans, the araount of the insurance afforded hereunder as to such Insuted, except to the extent that such payments ted.,ce the amount of the indebtedness secuted by such mott- gage. Payment in full by any person or voluntary satisfaction or release by the In, surd of a mortgage coveted by this policy shall terminate all liability of the Company m the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 heteof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss or damage shall be .pay. able within thirty days thereafter. 8. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity or priority of any mortgage shown or referred to in Schedule. B heteof or any mortgage here- after executed by the Insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a pay ment to the Insuted under this policy. The provisions of this patagtaph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all tight of sub- rogation shall vest in the Company un- affected by any Ra of the Insured, and it shall be subtogated to and be entitled to all tights and temedies which the Insured would have had against any person of ptop- etry in tespect to such claim had this policy not been issued. If the payment does not covet the loss of the Insured, the Company shall be subtogated to such tights and remedies in the proportion which said pay- ment beats to the amount of eaic loss. If loss should result from any act of the In- social. such act shall not void this policy. but the Company, in that event. shall. be required to pay only that part of any losses insured against hereunder which shall ex- ceed the amount, if any- lust m the Core- panv by teason of the impairment of the tight of subrogation. The Insuted, if to quested by the Company, shall transfer to the Company all tights and remedies against any person or ptoperty necessary in order to .perfect such tight of subrogation, and shall permit the Company to ose the name of the Insured in any transaction or litigation involving such tights or remedies. If the Insured is the owner of the in. debtedness secured by a mortgage coveted by this policy, such Insuted may release or substitute the personal liability of any debtor or guarantor, or extend or othi-rwise modify the terms of payment. or trlease a .portion of the estate nr interest from the lien of the mortgage. or mleisv any col. lateral security for the indebtedness, pro- vided such act dons not result in any loss of priority of The li,a of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or .actions or tights of action that the Insured may have or n:ay bring against the Company arising out or the status of the lien of the mortgage.. coveted by this policy or the title of the estate or interest insured herein must be based on the provisions of this policy, No provision or condition of this policy ran be waived or changed except by wutm endorsed heteon or attached hereto signed by the President, a Vice President. the Secretary, an Assistant Secretary or otltet validating officer of the Company. 11. NOTICES, WHERE SENT All notices requited to be given the Com- pany and any statement in writing . requited to he furnished the Company shall be ad. dre ssed. to it at the office which issued this policy or to its Home Office, 433 South Spring Street, Los Angeles, California 90051. 12. THE PREMIUM SPECIFIED IN SCHEDULE' A IS THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE' INSURANCE. 0 Title Insurance and Trust Company M To 1012 FC (5J2) Californ'`la land Tille A ... rietion Standord Corere9e 9e1iry F.,m Cepyrigh 1963 POLICY OF TITLE INSURANCE ISSULD BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of: 1. Any defect in or lien or encumbrance on the title to the estate or interest covered hereby in the land described or referred to in Schedule C, exiaing at the date hereof. not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; or 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but:only insufar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage, at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority;. all subject, however; to the,proviskiq{ of Schedules A, B and C and to the Conditions and Stipulations hereto annexed; In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Title :raurance and Truitt Company by PRESIDENT Attest 9P-11 ~ SECRETARY CONDOIONS AND STIPULATI•NS I. DEFINITION OF TERMS The following terms . when used in this policy mean: (a) "land ": the land desctibed, specifir- ally or by reference. in Schedule C and intptovemenls affixed theteto which by law constitute teal property; (b) "public temtdi': those rocutds which impair constructive notice of matters telating to said land' (c) "knowledge'; actual knowledge, not constructive knowledge or notice whit'h may be imputed to the Insured by reason of any public jecotds; (d) "date' : the effective date; (e) "mortgage ": mortgage, deed of trust trust deed, of other security insttumenr, and (f) "insuted ": the patty or patties named as :nsutrd, and if the owner of the ire debtedness secured by a mortgage shown in Schedule B is named as -an Insured in Schedule A, the Insuted shall include (1) each successor in interest in ownetship of such indebtedness, (2) any such owner who acquires the estate of interest referred to in this policy by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, and (.3) any federal agency of inshumentality which is an in- sutet or guarantor under an insurance con, ttact tit guaranty insuring or guaranteeing .said indebtedness, of any part thereof, whether named as an insured herein of not, subject otherwise to the provisions hereof. 7. BENEFITS AFTER ACQUISITION OF TITLE If an 'insured owner of the indebtedness secured by a mortgage desctibed in Sched. ule B acquires said estate or interest, or any pair thereof, by foreclosure, trustee's sale, or othet legal manner in satisfaction of said indebtedness, of any part theteof, or if a federal agency or insttumentality acquires said estate or inretest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee- ing the indebtedness secured by a mortgage coveted by this policy. of any parr thereof. this policy shall continue in force in favor of such Insured, agency or insttumentality, subject to all of the conditions and stipula- tions hereof. 3, EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insult against loss of damage by reasons of the following: (a) Any law, ordinance or governmental regulation .(including but not limited to building and zoning ordinances) restticting or regulating or prohibiting the occupancy, use of enjoyment of the land, of tegu lating the character, dimensions, or location of any improvement now of heteaftet erected on said land, of prohibiting a separation in ownership or a reduction in the dimensions tit area of any lot of parcel of land. (b) Governmental tights of police power of eminent domain unless notice of the exercise of surh tights appeals in the public tr.ntds at the date hereof. (c) Title to any property beyond the lines of the land ex ptessly dextihed in "lledulc C, tit ride m sitters, toads, avr "hut's, lama, ways or walttw.rys nn which such land abuts, of the tight m maintain therein vaults, tunnels, tamps or any other sttuctute or imptnvement, or any tights tit easements therein unless this polity sprrific ally provides that such properly, rights nt casements ate insured, except that if the land abuts upon nor al. mote physically open streets or highways ]his polity insures the ordinary tights of abutting owners lot access to one of suth streets or highways. unless othetwise exseptrd tit excluded herein. (d) Defects, liens, ene'amhrances, adverse claims against the title as insured or whit matters (1) cleated, suffered, assumed of agreed to by the Insuted claiming loss or damage; or (2) known to the Insuted Claimant either at the date of this policy or at the date such Insured Claimant ao quited an estate of interest insured by this policy and not shown by the public records, unless disclnurte thereof in writing by the Insuted shall -have been made to the Com- pany prior to the dam of this policy: of (3) tesulting in no loss to the Insured Claim - antq or (4) attaching or created subsequent to the date hereof. (e) Loss of damage which would not have been sustained if the Insuted were a purchaser of mcumbtancet for value with• out knowledge, 4. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay shall provide (I) for the defense of the Insuted in all litigation consisting of actions of ptoceedings com- menced against the Insuted, of defenses, restraining orders, of injunctions interposed against a foreclosure or sale of the more gage and indebtedness coveted by this policy of a sale of the estate of interest in said land; of (2) for such action as may be appropriate to establish the title of the estate or interest of the lien of the moth gage s insured, which litigation of action in any of such events is founded upon an alleged defect, lien of encumbrance in. soled against by this polity, and may put. sue any litigation to final detetmi nation in the court of last resort. (b) In case any such action of proceed- ing shall be begun, of defense interposed, or in case knowledge shall come to the In- suted of any claim of tide of interest which is adverse to the tide of the estate of ice tetest of lien of the mortgage as insnied, or which might cause less of damage for which the Company shall of may be liable by virtue of this policy, or if the Insured shall in goud faith contract to sell the in- debtedness secured by a mortgage coveted by this policy, or,, if an insured in good faith leases of conttactt to sell, lease to mortgage the same, or if the successful bidder at a foteclosute sale under a morn gage coveted by this policy refuses to pun chase and in any such event the title to said estate of intetest is tejected as um marketable, the Insured shall notify the Company thereof in writing. If such notice shall not be given to the Company within ten days of the t"eipt of ptoo •s or plead- ings tit if the Insuted shall not. in wtiting. roloNly nitrify thr Company of any dc. fete lien of encumbrance insured against which shall Come to the knowledge of the Insured, ut if the Insured shall not, in witting, promptly notify the Company of any such rejection by reason of claimed um marketability of title. then all liability of the Company in regard to the subject martet of . uch action, ptnceeding nr martet shall cease anti terminate; provided, howrvet that failure to notify shall in no lase ptejudire the claim of any Insured unless the Company shall he attunlly prejudiced by suth failure and then only to the Mint of such ptejutlice. (c) The Company shall have the right at its own cost to institute and prosecute any action of ptoceeding nt du any other act which in its opinion may be necessary or desirable to establish the title of the estate of interest of the lien of the moll. gage as insuted; and the Company may take any appropriate actinn under the terms of this policy whether of not it shall be liable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all cases where this policy pet mits or requires the Company to prosecute of provide lot the defense of any action of proceeding, the Insured shall secure to it the tight to so prnsecute of provide de- fense in such action of ptoceeding, and all appeals therein, and permit it to use, at its option, the name of the Insuted for such putpose. Whenevet requested by the Com- pany the Insuted shall give the Company all teasonable aid in any such action of proceeding, in effecting settlement securing evidence, obtaining witnesses, of piosecu. ring or defending such action of proceed- ing, and the Company shall reimburse the Insuted for any expense so incutted. S, NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices tequited under paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within sixty days after such loss of damage shall have been determined_ and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no tecovery shall be had by the Insuted under this polity unless action shall he commenced theteon within five years after expiration of said thiny day petind. Failure to futnish such statement of loss of damage, of to commence such action within the time heteinbefote specified, stall be a con. elusive bar against maintenance by the Ira soled of any action undet this policy. 6. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the npiion to PAY of settle of compromise lot or in the name of the Insuted any claim insured against of to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indebtedness . secured by a mortgago coveted by this Policy. the Company shall have the option m putrhasr said indebtedness; such put ehasv. paymcnt tit teudcr of Payment of (Cunditiun; and Stipulations Continuctl ontl Concluded on Lost Poge of This Policy) c. Dial " c 20 SCHEDULE A Premium $ 545. 0 0 Effective Amount $175,00n,00 Date OCTOR[P, 9, 1972 AT 8:n0 A.M. Policy No. 505859 INeUaam CITY OF NFITORT BEACH, A MUNICIPAL COP.PORATIOM. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF Nr-- 1Y'OPT BEACH, A MUNICIPAL CORPORATION!. E. The estate or interest in the land described or referred to in Schedule C covered by this policy is a fee. SCHEDULE B Ibis policy does not insure against loss or damage by reasau of tba following: PART I t. Rases or anassments which are not shown as eating lien by the records of any tang authority that levied ta=ss or assessments on real property or by the public reca ds 2 Any facts, rigbts, inioresm or tleims whim are not shown by the public records but which could be ascouined by an inspection of said .land or by making inquiry of persooe in possession theread. 3. Easements, eleims of easement or encumbrances which an not shown by the public records 4. D"ctepsneey oan&eb in boundary lime, shortage is ereqq encroachments, or any other facts which a cortac survey would Awlase, and which are not shown by the public records 5. Unpatanted mining claims: reservations or nceptioas in patents or in Acts authorizing the issuance theread: water rights, claims or title to water. TO 1017 -15 C.... C W ...m i.,d nn. A....mn.. 9uee... C....... r.u....vsp SCHEDULE B — (G'onnimmd) PANT II 1. GrNERAL AWSi SPECIAL TAXES FOR TtiiF FISCAL Y AP. 1072 -1973.. A LIEPI f!OT YET PAYAYL7. 2 THE USE A "D CONTROL OF CIENEGAS AMD MATURAL STRFAMS OF t!ATFP.� IF ANY,, NATURALLY UPON FLOWING ACROSS,, INTO OR BY SAID LAND, AND THE RIGHT OF ''AY FOR AP!D TO CONSTRUCT IRRIGATION OR DRAINAGE DITCHES THROUGH ^I^ LA" Tn I'Ir.ATE OR 'RAT "! T11F ARJACF "'T LA'ln,, AS RFSRRVFD V1 THE DEED RECORDED III BOOK 30, PAGE 220p DEEDS. 3. AN EASEMENT FOR ROADS,, RAILROADS AND DITCHES AS RESFRVED IN THE If': ^Tf t!ilC 'T A! DVf 1'1" PITI ONE QV'P, THE IJCST 20 FEET OF SAID LAND W% AL Land {NM A..adaean Loan ►alkr -1VM • • W{M ALTA Endawam� - foes 1 CewraYa.. a Ain.rlc -1 Land Tlcl. Auaelalion Owiwr'.. feliry faun a -19Je a Callfornip Lad TN. Asoodattoo Stan dvrd Cow.oaa fd1q -l%3 SCHEDULE C The lend referred To in this policy is described as follows: T!IAT POPTIO;: OF T'i!_ ':ORTII HALF OF THE NORTHP!rST QUARTER OF THE SOUTH - EAST QUART"P OF S-CTIO'.1 18, TO!-!NSHIP 5 SOUTH, RA ?IGE 10 WEST, I THE RANC110 LAS BOLSAS, CITY OF HUI:TIPIGTON PEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK. 51, PAGE 14, OF MISCELLANEOUS MAPS, IN TN.r OFFICE OF THE COUNTY RECORDER OF SAID CnUMTY, DESCP•I'?F-D AS FOLLO11S ; 7r.r.T "1 l;:r AT TH.- I1l'T7r'SFCTT0N OF THr 11r5T LI?!r OF SA.In NIOP.THt'!FST 1!!: ;T":° '.;IT'! T:;F '.i iSTL1LY P;;OLO[',ATI^.'! OF T:1� 140RTH LINE OF THE LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED RECORDED AUGUST 7, 1 123, IN BOOK 481, PAGE 276, OF DEEDS OF SATs ORANGE COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATION AND SAID NORTH I_P•.;' TO THE NORTHEAST CORNER OF SAID LAND; THENCE SOUTH 440.00 FEET ALON THF. EAST LV'!E OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF OF THE NORTH'.!FST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST 495.00 FEET ALONG SAID SOUTH LINE TO THE !:!EST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 440.00 FEET ALONG SAID WFST LINE TO THE POINT OF BEGINNING. 7i'CrPT FROtA THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY 155.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON THE WF-ST, AS SAID ROAD EXISTED ON MARCH 13, 1922. SAID LAND IS SHOWN OM A MAP FILED IN BOOK, 7, PAGE 37, OF RECORD OF SURVEYS IM THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY. 14 CLTA 107.8 19.10.691 • ' 6-71 1 ALTA OR STANDARD. COVERAGE E INDORSEMENT ATTACHED TO POLICY NO. 5 0 5 8 5 9 ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth in lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. / /♦• �O ••0e4TF 15 ���� • \� 'rr�l Sq Ga a G" -��r` 'Lytle Insurance and Trust Company By 04 9P-7 ` SECRETARY TO 276 VC Oro ' -0." '." • • �I I .tir. m•.,1:. i fl q � I �, 0 i r S•••er•, rE�r ,W I `r h Ippi I I V This is not a survey of the lend but is compiled i for Title Insurance and Trust Company from date shown by I tG 52 le /O vV rmation by the official records. Fa11Y ISO 0 • RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS REPORT OF WELL ABANDONMENT —830 North La Brea, — Inglewoo4- 10302___— __— CajifOinia _ October 1972 PACIFIC SUF1?1.X_QQ ERATiVE Y 3225 Ocean Blvd �o�ona del 2far`GA 92625— — DEAR SIR: Your report of abandonment of Well No.---- __'cty__o> Q�g- pp5Z81- Sec ----- la, T ----- b8- - -, R. --- UR- - -, -- 5-2.-B. & M., _ __ ----- le>ESt_hewp9ra`___ -_ - -__ field, - - - -- --orange---------- - - - - -- County, dated ---- SepLt.__27 ---- 19.72, received - -- Sept - -_28� -1922, has been examined in conjunction with records filed in this office. A review of the reports and records shows that the requirements of this Division, which are based on all information filed with it, have been fulfilled. ADS:rk cc Headquarters Production Dept. Conservation Donmi. Orange Co. Dept of Bldg & Safety Dept of Oilfield Control JOHN F. MATmEwS, JR. BLANKET BOND State Oa and Cat Supero4or Depuey Supero4or k 701 "..M cap _: :.. 11 November 29, 997E - 0 Shapell Industries, Inc. 8383 Wilshire Boulevard, Suite 700 Beverly Hills, CA 90211 Subject: Sealed Bid Deposit - City -owned Property at Bushard and Hamilton, Huntington Reach Enclosed is your cashier's check in the amount of $13, 000 which accompanied your sealed bid proposal in connection with sale of subject property. As you know, the City Council, at its meeting of November 27, rejected all bid proposals and authorised rebidding, After December 1, we will send the new official Bidders Proposal Form to you. It will not be necessary to Pay another $10.00 for the packet. Laura Lagios, C. M. C. City Clerk LL:dg Encl. cc: Assistant City Manager i III ,PAY TO '0V THE ORDER Olk I -$ nn.-.** ? Bever Hilly lte■ioaRl7iaEdon= .•• , UNION BANK"' �� BeveAy Mu Cah;emla 90= - - 500 2 3 i8 4On+ - - - - TAUT IZEY IGNATURE -' ' / 1:12 2 3M i8 76+: 2000 53000 20 CITY OF..NDMORT BEACH BU$Iii4RD$ T�REET 1fD, iIAMILTON AVENUE - HUN TINGT N BEACH., CALIFORNIA :.PROPOSAL AO PURCHASE To the Honorable city Council City of .Newport Beach :3300 Newport Boulevard: Newport Beach, California 92660, Gentlemen: The.undersigned declares that he.has inspected the location of the surplus property; . has carefully read City Council Resolution No:: 7832,declaring the property to.be surplus, authorizing its sale,,.and setting out the procedures.for_ its sale; has care fully examined the.preliminary.title'report from Title Insurance and Trust ,Company and the Evans, Goffman:and.McCormick soils report ;'and has consulted with.the.City of Huntington Beach, concerning'applicable :land use regulations for the property. The :undersigned,hereby. proposes to.purchase:said real property and do all things necessary to complete the purchase if- he is the successful bidder in complete accor- dance with the terms of Resolution 7832 and'will make full payment therefor within thirty (30) days after the award of the bid. The undersigned further declares that his offer is unconditional and without. excep - tion; that it is not conditioned upon the approval of any proposed development by the City of Huntington Beach.;,,and that he will pay all recording costs and closing. costs associated,with purchase of the property. Accompanying this proposal is a cashier's check, certified check, or .cash deposit. equal to ten percent (:10 %) of the bid price as a guarantee that if the proposal is accepted, the undersigned will complete the. purchase transaction .as.pvided in Resolution .7832. The undersigned is aware -that failure of the..succeWPul. bidder to complete the purchase '.as-.required-shill result in forfeiture'of the deposit to the City. TOTAL BID PRICE WRITTEN IN WORDS - WRITTEN IN NUMBERS - ONE`H=RED THIRTY THOUSAND. and No Cents SHAPELL INDUSTRIES, INC. d r s Name 8383 WILSHIRE BOULEVARD B errs ress 655 -7330 Te ephone Number $130 1000-.00 November 17,. 1972. Date . :.1 w 3 V v :4W 1 H W °zed d ro ro x H O zr ro 0 ro t2i C CL a,�� <� 0(D < w o 5" o c w w -u p a N Oj m z woo �1: w r• P. m 0 <K n z o n rrm rnrc a E xr rtb a a o a ro n N• ort o R r m HW rmm wca rn a n onv a N a% m 0 We have received your request for a bid proposal package in connection with the sale of the Bushard and Hamilton property. We expect the proposal packages to be ready for mailing next week and will be happy to send you one upon receipt of the $10.00 purchase fee as required by Revolution No. 7881. Laura Lagios, C. M. C. City Clerk LL:dg Identical letter mailed to all on attached list. J O- rs Shapell Industries, Inc. W�il F�Ure Vicer 541ife 700 90211 November 9, 1972 MR. PHILIP F. BETTENCOURT Assistant City Manager City of Newport Beach 3300 Newport Beach Boulevard Newport, California Dear Phil: In response to your ad of October 20, 1972 in the Daily Pilot please provide the builders information kit on your 4.6 acre offering in Huntington Beach. Enclosed is a check in the amount of $10.00 from Shapell Industries to cover the cost of this information and soils report. Thank you for your attention to this matter. Cordially, SHAPELL I SES, INC. RO ALD RINCE Director of Land Acquisition RP /mek 11 -20 -72 I am returning subject $10 check to you, as the $10 fee was paid by your agent at the time of the bid opening on November 17. �arwc �c��so Laura Lagios City Clerk City of Newport Beach 0 FRANK H. AYRES & SON LAND DEVELOPERS SINCE 1905 20951 BROOKHURST STREET HUNTINGTON BEACH. CALIFORNIA (.714) 962 -6683 340 -4200 November 3, 1972 City of Newport Beach City Clerk 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: E MAILING ADDRESS POST OFFICE BOX A HUNTINGTON BEACH. CALIFORNIA 92648 Enclosed is our sealed bid on the property at Bushard and Hamilton, with our Cashiers Check in the amount of ten percent (10%)-of the Bid. Sinc 'ly yo , er�DeYoung Vice President / � q ;7 c �� 0 m N �.i 0 61 d .1 ii Id 41 .I yJ 0 u 14 ri rl rn V Uen CD 1 � r a 4, w �f 0 41 �. , CITY OF NEWPORT BEACH CALIFORNIA nmo city Hall 3360 Newport Blvd. (714) 673 -2110 October 26, 1972 Enclosed is Policy of Title Insurance for the Newport Beach City -owned property at the corner of Bushard and Hamilton in Huntington Beach. This is part of the bidder's proposal package which you received last week. i� Laura Lagios, CMC City Clerk t • • R. K. Elliott Construction k Development Co. 930 South Newhope Street Santa Ana, CA 92704 Enclosed are receipt for $10.00 and the bid proposal package for the Bushard /Hamilton property which you requ6sted. We have not yet received the title report from the title company, and will forward it as soon as it is received. Laura Lagios, C. M. C. City Clerk dg Encl. R K Elliott construction & Development Co. I930 South. Newhope Street October 16, 1972 Santa Ana, California 92704 (71.4) 638.8533 City of Newport Beach 3300 Newport Blvd. Newport Beach, California Attention: City Clerk Dear Sir or Madam: Enclosed is our check in the amount of $10.00 for that bid package including the soils report on 4.7 acre parcel on the east side of Bushard just south of Hamilton in the city of Huntington Beach which the city of Newport Beach intends to sell. Please mail this package to us at the above address. Sincerely, ( n R. K. Elliott RKE /ej ---------- CITY OF NEWPORT BEAW RECEIPT NEWPORT BE ,CALIFORNIA 92660 No. 44893 r0 9 DATE 19 RECEIVED FROM FOR: 10 30 - ACCOUNT NO. AMOUNT DEPARTMENT BY — — — — — — — — — — — — b C ii ii J �O•o „� E Y N CF ii rJ WPOR T NEWp I REC @EACH. cA�oRT BEA� i 1 EIVEO FROM r .' NIA 92660 JI FOR J D4 TE 1 � J J ACC, UNT f3 Y / J � q ii i i'`�i OfPq RTMENT By ✓ RECEIPT No, 38 784 J a m c o� J, J , J � J J � J +/ +________ Y Y. --------------------- __ _ CITY OF NEWPORT BEA. RECEIPT NEWPORT BEACH. CALIFORNIA 92660 No. 38784 r'. E t.�..�..�..1.�..�..�..e..c� .. ----- -- .�..�..o..� — RECEIPT .�..�.�I .. CITY OF NEWPORT B�H NEWPORT BEACH, CALIFORNIA 92660 No. 44166 � c j cl, y^ / / � DATE //✓ f 'REQ EIVED FROM I $ �G .: 'FOR: ACC NT NpQ .r2 � i RUNT V '� DEPARTMENT__ q �� By Frederick M. Wilson 10.00 Aneas Company -Land Dev. 10.00 :.' Watt) . doff. mynor 10.00 Donald P. Jones -Cash 10.00 Walker & Lee - Cash 10.00 Roger de Young Const. Co. OW. 10.00 0 & Ellis ) 10.00 (Mervyn Kirschner Z Tom I K. Elliott Const. 10.00 pe11 Industries Inc. CSH 10.00 90.00 • I , .. ACCOUNT. .-N ACCOUNT.N 0. AMOUNT DEPARTMENT By ACCOUNT NO. PATE E I f L AMOUNT 7 DEPARTMENT '17 By 2 RECLIVED.FF FOR: ACCOUN NO SATE �- $ A, AMOUNT DEPARTMENT ACCOUNT NO. AMOUNT r DEPARTMENT ss DATE _ ACCOUNT NO , AMOUNT ., DEPARTMENTS BY A '1 =' „t, • -'�•' . - -s Y' ixa i., 'LS Y DATE. ^{ - - 77i'� �444, r y"aT kS FOR - -T 21 �Ct��EL. ACCOUNT `NO.- AMOUNT i DEPARTMENT ]S7:° j r jL Ij1iT�N lei Ll�gl!! TT'4��� �7w �Vl 4't Y.A{',sJ ':R CQUN:T NO. _ .. - AMOUNT - DEPARTMENT BY S/ .r a 0 • , t'EGQ , F, mws--r Aql amm &j.)o MT(ybonw ova 4so 121W 0 PHIL - Please send new bid package o nushaa �rd & Hamilton to - oaaosx Mr. Wayne Peterson 21030 Brookhurst Huntington Beach, 92646 • 0 /4 > 4i'} r �T November 20, 1972 City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Attentions Mr. Robert Wynn, City Manager Gentlemen: We are interested in buying property that the City intends to sell. I understand that bids were received for 4.7 acres of R -1 property at the corner of Hamilton and Bushard Street. If this is re -bid we would appreciate receiving information so that we may quote on this property. We are also interested in any other property the City intends to sell. We would like to know if the property acquired for the freeway through Newport Beach may be for sale and, if so, who we may contact. Thank you. Yours very truly, (i4b.' " " " "' "" PIONEER•IN,DUSTRIES, INC. ROBERT K. WALKER, JR. ACREADE DEPARTMENT Robert R. Wahler, President SUITE 355 (7141 776 -9350 1471 SOUTH MANCHESTER AVE. (213) 625 -5821 RRW /lt ANAHEIM, CALIFORNIA 92802 Res. (714) 673 -8693 �- � PIONEER INDUSTRIES, INC • 21.72 DUPONT DRIVE • SUITE 206 • NEWPORT BEACH, CALIFORNIA 92664 • (7141.833 -0570 r7 , 4 A.rmation regarding the sale of City- Bid gat Cj Clerk's office at 10:00 a Be sure to Mark yel,ope with time and`" vned-property at Bushard and, Hamilton: Friday, No.vembbyF i7, 1972. . . of receiving proposal, and sign. If qualified sealed bids 'of: equal amounts are subtYmi a,. the one received first by the City Clerk shall be considered the highest. "' The minimum: acceptable bid is $130, 000. 00. Bid must be accompanied by 10% of amount of bid ii the form of actual cash, or a certified or cashier's check. (Absolutely noprsonal checks accepted nor bidder's bonds). ) But okay to accept personal cheek �j# the. $10 for purchase of the official bidder's. proposal forms. The $10 is non - refundable. When picking up official Bidder's Proposal Form, they can look at sample set. The resolutions are for information purposes, so let them have a copy. Also send copy of resolutions and notice to those making inquiries over the phone. (Keep record of such inquiries on the yellow check -out sheet). Be sure to have anyone picking up the official forms sin their name, address and telephone number on the check -out sheet, check that the $10 was received, make receipt for $10 out in triplicate - original to them, one copy for us and one for Lee Macdonald. (Name and address are requested in case we want to send additional information to all those taking out official forms) An auction will be held at next Council meeting following bid opening, November 27, 1972. The first oral bid must exceed the highest sealed bid by $5, 000. 00, and additional oral bids must be in multiples of $1, 000. Only those persons who have submitted a qualified sealed bid accompanied by deposit as required may make oral bids. The deposit of the successful bidder shall be applied to purchase price, all other deposits shall be returned to the bidders. ABSOLUTELY NO PERSONAL CHECKS FOR THE 10% AMOUNT OF BID. 3 OFFICIAL BIDDERS PROPOSAL FORMS ISSUED SIGN HERE Date iInitl ' Name and Address Phone 10 fee Rec' d Picked up at Counter Mailed Ce . 9 0 774 y3� a t--' y yam Yu-, lel 7X d n/i 4 s CO iK !!5-3 `S 6 G b AG EL) lZ —I r - 7 ,k Nj ?A- P+�, Coo . �3 �2s�� V Y/ / % 1 JJJ l0 2[h r /' //i C 90.;,// fl � '��GCLL v On% q Qp 04 /✓ 39414779 A.— rill- � � ✓ 9��9"6 5�H.P.R5 COPY BANK OF NEWPORT jsrl % »_. V"er at 16th beww IssA Beach G 91660 Escrow scrow. nsrruciiom — Buyer and Seller oHfear 11_31 Tan ISCIOM WAITIMM, rim atrro I. Prior to ------------ rlbr=v'y...2.------------- ----------------------- __ ............ 19.23._ 1 Paid outride of Escrow S...... ......... _:__.... 2. 1 will hand you S ---- I-as 900. 0 ---- ` -------- .................. ..... ......... _ ... ...... :... —,. Cash through escrow ........... — ---- ---- — ' :°�8 .6ti._.. —. l . ............._.._..........._..------...._._......._----- ._:.__...._ ..._...._---------------- - -...- —. Eacumbrances of Record ................. ...........-- °.--....,........... ._...._.... 4 . ............... - ............ .............. __....._-- - - - -__ ------------ .._.._----- - - - - -- .._.------ - - - - -- ------ ........... ------ .-------- _ -------- — -------------------------- --- ..... ------ ..- :_.._..... ........ .......... 3 . .................._. .............. _ ..... ._..-.._..._......_......._ ------- __.._...� --------- ...... ___ New Encumbrances ... ....._...__.._....._....... ------ ....._._.___ 6. _ .:.:.......................:_..._.. ..._.—_...._.._..— .._._._ - --- --- .._...._._:_._._........._ --_ .------ ..... .___...... ._.._..._...,. .._..- ----_......_.'---_......_ TOTAL CONSIDERATION S. and any additional funds and instruments neceuary on my part to amble you to comply with these instructions, all of which You are authorized m 9. use and/or deliver. Provided on or before the date set forth on Line I above. w qualified by the provisions at the top of Page 2 hereof: you bold 10. the money and doct mafs. if any. deliverable to me under these Instructions, and instruments have been filed for record entitling You to Procure 11. in connection with Property commonly known W.]gnIvirzovea.vamperty..At -B ithardL.+a1tTn9L -. & -. 1.tG>L- .s4Eat 11+ 11� 12. Coverage Form (Owner's or Joint Protection) policy of title inmrsna in the issuing II. Title Company's Usual form with its liability for, L" 10WAM ...................... __...................... (the amount of total consideration) with respect to 14. real Property in the City of -augi ingtcn -BaaGh County of - a...................................... _ Sure of California. anddcplly described as:' I5. per ...1"a1... pt4ca.. oLtaCl .- here: a - -. gild -- Yet__ i-.P ar t_ haAOr .... _ That portion o£:the..north half of+the. northwest quarter of the southeast quarter of Section 18,; Township .6 South, Range 10 Lest, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California' as per map recorded in:Book 51, page 14 of Miscellaneous. Maps, in the Of- fice of the County Recorder. of said County, described as follows: Beginning at the intersection of the west line of said northwest quarter with the westerly prolongation of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in book 481, page '276 of.Deeds of said Orange County; thence east ,495.00 feet along said prolongation and said north line to the northeast corner of said land; thence south 440.00 feet along the east line of said land.° to the south line of said north half of the northwest quarter of the south- east quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said 'T.e lire to the nn int of beainnina_ Except from that portion thereof'lying feet, that portion included -within the as said road existed on March 13, 1922. northerly of the southerly 165.00 County road adjacent on the west, ANY Pp(tILICY OF TITLE INSURANCE CALLED FOR UNDER THESE INSTRUCTIONS MAY BE ISSUED FOR THE BENEFIT OF ALL PARTIES IN INTEREST AND MAY BE PROCURED FROM ANY TITLE COMPANY OPERATING IN THE COUNTY WHERE THE PROP- ERTY IS LOCATED AND WILL BE SUBJECT TO EXCEPITONS AND CONDITIONS CONTAINED IN SUCH COMPANY'S REGULAR PRINTED FORM. INCLUDING BUT NOT LIMITED TO AN EXCEPTION THAT SAID POLICY WILL NOT INSURE AGAINST LOSS BY REASON OF THE RESERVATION OR EXCEPTION OF ANY WATER RIGHTS. CLAIMS. OR TITLE TO WATER. ESC-t02 BANK OF NEWPORT Hover at 16th Smarr 2% b !!,rAA)=t 8"Ch Ca 92660 bcraw 14,44 E I"J"ctions — Buyer and Seller 1"rew Tm RIMW DMAUAdIn. rim 1. Prior to ............ Pshmary .. 22- ................_... ......_......_................1 19.2.1 ... FP.d t- o.d. at E:m- $ Esc-toz LIED FOR THE BENEFIT OF ALL THE' COUNTY WHERE THE PROP. SUCH COMPANY'S REGULAR NOT INSURE AGAINST LOSS BY TO WATER. '70. If tlse omAiliooa Of lhu eerove have Dot been complied with prior to the date aft allt on L. 1, or any extension thereof. you are nevertheleag 71. to complete the gcrow as soon as the condition. except u to ImtC have been complied with. unless written demand &hall . have been made upon you 72. not to complete 0. EAW psisteipal htnunder claiming to exercise right of cattcellalion of this escrow shall file notice and .demand for cancellation 73. with your office. to writing. in duplicate. You shell promptly mail one copy of such writing to the other principal at his address stated herein. Unless 74. written objection thereto shall be filed in your office by such other principal within five days. exclusive of Sundays and legal holidays.. thereafter you 75. are authorized to comply with such notice and demand upon payment of your cancellation charges. In the event that such written objection shall he 76. filed. you are authorized, but not obligated. to hold all money sod instruments in this escrow pending agreement of the principals or order or s court 77. of competent jurisdiction . ...................... ..................... ............... ........ _. ...... ........ .... ........ ._..... ....................................... ..----------------------- ._...----.__..:_.-------.__- 78. Adjust interest on encumbrances of record to ................... NORl..........._....... ....... ................................................... ..,........._ ----- _... ..... _...._ --- .._.......---- 79. Adjust interest on new encumbrances by endorsements on note to ............. ............................. ..................... - _ ......... ..... ............. _ ----- ----------- $0. Prorate taxes. baud on latest tax figures in your possession. including all items appearing on tax bill except taxes on personal property not con, 81. veyed through this escrow. 41M.... .... ......... ..... ......_._ -...._ to ..s7BmAm ...,22, ... .I.M ......... .....------------- --- 82. Prorate rentals on basis of statemenr furnished by seller and approved by buyer to ........ 101H ....................... _ ............................. .......... but make no 83. adjustment against buyer for uncollecled rentals. You are to consider on basis of said rent statement that seller will collect all rents which fall 84. due prim to the close of this escrow, unless he instructs you in writing to the contrary. 85. Accept for buyer such insurance policies as are submitted. or that Beneficiary informs you he holds. on buildings situated either on property 8& described above or on premises known es .............. ----- ....... . ---- ----- ....... _ ........ . ---- .. --- - ------------------ -------------------------------------- and prorate premiums 87, thereon from- ........ .1101114111----- . ........ ._. Seller guarantees that the premium on any insurance policy .which he hands you or caws to be handed you in this escrow or which beneficary(in) informs you he holds. has been paid in full and that said policy halt not been hypothecated. NO NOTICE. DEMAND OR CHANGE OF INSTRUCTIONS SHALL BE OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN WRITING BY ALL PARTIES AFFECTED THEREBY Should you. before or after the close of this escrow. receive or become aware of any colliding demands or claims with respect to this escrow or the rights of any of the parties hereto. or any money or property deposited herein or affected hereby. you shall have the absolute right at your elation to discontinue any or all further acts on your pan until such conflict is resolved to your satisfaction. and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. All panda hereto. jointly and severally. agree to pay on demand. as well as to indemnify and hold you harmless from and against all costs. damage. judgments. obligations. liabilities and expenses of any kind or nature. including reasonable attorneys fees, and including, but without limiting the generality of the foregoing. a. suit in inter- pleader brought by you. which. in good faith, you may incur or sustain in connection with or arising out of this escrow. and you are hereby given a lien upon all of the rights, lilies and interests of each of the undersigned in all escrowed papers and other properties and moneys deposited in this escrow to .protect your rights and to indemnify and reimburse you under this agreement. In the event you file a suit in interpleader. you shall ipso facto be fully rmleased and discharged from all obligations funher to perform any and all duties or obligations imposed upon you in this escrow. You shall be under tic obligation or liability for failure to inform either party regarding any sale. loan. exchange or other transaction. or facts within your knowledge. even though same concern the property described herein, provided they do not prevent your compliance with these Instruction. nor shall you be liable for the sufficiency or correctness es to form. manner of execution: or validity of any instrument deposited in this escrow, nor as m the identity. authority or rights of any person executing the same. Your hatiity as escrow holder shall be confined to the things specifically provided for in the written instruction in this escrow. Seiler agrees to pay. outside of escrow, and before delinquency. all taxes on personal and /or real property not conveyed through this escrow, which appear a lien on above - described property. and you are not to be concerned therewith. No march of chattels is required for the sale or transfer of personal property through this escrow. unless such search is requested by Buyer in writing. Buyer agrees to pay on demand all prorsta adjustments chargeable to him: charges for recording deed: charge for mongagm clause on insurance. if any: charges for notarial acknowledgments. filling in and recording any and all documents necessary on his part to complete this escrow: Title Company's charge. if my; for showing tide vested in him; and Buyers escrow fee as charged. Make all adjustments and /or proration on basis of a 70-day month. "Clow of Escrow" shall mean the day papers are filed for record. Make disbursements by your check. Mail all papers. checks and /or documents by ordinary first -class mail to the parties entitled thereto to the addresses fur- nished or as at out below. unless notified in writing to the contrary. Mail file policy to holder of existing encumbrance. provided there is to be a sub- stitution of liability: otherwise to the holder of the prior encumbrance recorded concurrently with documents herein: but if there is no such encumbrance. than to the buyer. Msil fire and other insurance policies and water .stock certificates, where specified. to holder of tint encumbrance, if any: but if there is no such .encumbrance. then to the buyer. Thew intruotions may be executed in counterpane. each of which so executed shall, irrespective of the date of is execution and delivery. be deemed an original. and said counterparts together shall constitute one and the same instrument. Any amended. supplemental. or additional instructions given shall be subject to the foregoing condition. THE FOREGOING TERMS,. CONDITIONS. PROVISIONS AND INSTRUCTIONS HAVE BEEN READ AND ARE UNDERSTOOD AND AGREED TO BY EACH OF THE UNDERSIGNED. I J �t ..... kdlA....... "� - «_ Malang 430 or 962 8983) ............. a- - aa..o.. a .......... _. _ J... ........__........._.._........ ................ ..._.. -... _... ................... Signamr s�,.. / / Address Telephone �..�.� '� .. �7. '.� ... ......:.. .....:... .. .. .. . ... .. ?rgnarura , -''� ,. Andres - Telephone ���� J 29 73 SELLER .. ... .. ..19 ... 88. 1 HEREBY APPROVE AND *TREE. TO BE BOUND BY THE FOREGOING INSTRUCTIONS AND PROVISIONS. 89. PRIOR to the date set i on Line I herein. I will hand you all . instruments and funds necessary for me to comply therewith. including a 90. good coal sufficient Decd /. ssjgnmem of Lease covering the property described. executed by ... t^ -ii.. ....... - ............. ................ 91. _- ....... ..................... .. ............._............. -. -. .. ... ..... -......... _....... ....... ........ _ .................. ............... : ............. :._ .... ............ .........._...._........_. .. 92. :which you are authorized to'uw and /or deliver. provided you hold in this escrow for the account of the parties executing said Deed /Assignment 93. of Lease. the money and instruments deliverable to me under thew instructions. When property bFing conveyed is held in Joint Tenancy. any cash 94. derived therefrom Ili this escrow shall be Joint Tenancy funds. 95. Pay any encumbrances necessary to place title in the condition called for under thew instructions, my portion of prorala adjustments and the following: 96. .................. .._ ................ ....................... ....................... -... ......... ..................... :......... ............. _: .............. - ............................. ............................. .._.................. .. 97. After the close of this escrow. pay Commission of S . --81=1 ................... to .......: ........................ . --- ... .... .................. _,............ - ............ ............ _.......... 98. 'Broker's License .. _. .....). whom address is: ....................... ,............. _ ............. ........ :........ ................. ............. ...................... ....--------- ............ ........ .......... 99, ............................................ _............_ :... ..........._, _............ MDO. - -00 ttlatS!...tA. CZM. :ai' 11th.. glt _:YO OR�s_..Nll�tfi.._IiT to be1..,.atr... o... ._IS .. 101 - ....L f) fd/Q =fps EftJt1�1._tltli inlA. Nt7Y"OM aglp1S�N��,.to_b!_ 1�. :•.. jt 9- b11iY?K.. �.D.0.1 diA�..iu4 . 102. dOCitht/ + MQ3IOM �N.. ... ... .._ ... ......... 103. ... . . ....... ................ ....... ........ .._... .............. 107. Instruct the title company to begin .search of title at once. 105. You will. as my agent. assign any fire and other insurance of mine handed You for use in this escrow. or that Beneficiaries inform you they hold. 0106. Regardless of the consummation of this escrow. 1 agree to pay on demand charges and expenses incurred by you for me, including charges for title 107. insurance, for sending in offset statements and beneficiaries' statements and /or demands. cost of notarial acknowledgments. filling in and recording any 108. document necessary on my part, including U.S.I.R. Stamps in the amount. of S ... 1$2..9Q....- to be affixed to my deed. transfer of fire insur- 109. ance if prorated, and Seller's escrow fee as charged. 110. Issue your check for balance in favor of ._ ....... . _ .................._................ ................................................................ Ill. and mail to .. aty... Ot.. i�11VCY, .t...�Aiif$ha_,�L1f.A....Dag!17 :..Q : : :rAlt►ll.a....31.. N v"Irt _ .V...,....V9!!P.ore..1401 0 112. .............. .... --- .......... ...... .......... ...... ..................... 9266 1 .........(DtBftlis OaM�l1 673 21 Telephone Telephone CITY ATTORNEY CM CLERK cm cLux January 24, 1973 GRANT DEEP CONVEYING THE HU6FiAMMAMILTON CITY -0WNED PROPERTY TO FRANK AYRES & SON Enclosed is the executed original and one copy of subject Deed for transmitting, to the escrow officer and for recoriing with the County. :lease send the recording information to us as soon as it is available. Laura Lagios City Clerk- LL: swk enc. F �oTe =0 \ddren Cir) 6 SI?b F_ Name s!r »r A_d,e.. C', A 5)al. RECORDING REQUESTED BY ♦N'J WXEN R °CJROEO MAIL TO "Ali T41 it.)Ii'MENii iJ 0 ■1 l I SPACE ABOVE THIS LINE FOR RECORDER'S USE D.T.T. 5 TO :OS CA, (9 -") I Corporation Grant Deed I THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR `1 VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF NEWPORT BEACH, a corporation organized under the laws of the state of California Hereby GRANTS to the following described real property in the City of Huntington Beach, County of Orange , State of California: That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California-, as per map recorded in Book 51, page 14 of Miscellaneous Maps, in the of- fice of the County Recorder of said County, described as follows: Beginning at the intersection of the west line of said northwest quarter with the westerly prolongation of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the northeast corner of said land; thence south 440.00 feet along the east line of said land. to the south line of said north half of the northwest quarter of the soul east quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning. Excent from that portion thereof lying northerly of the southerly 1.65.00 feet, that portion included within the County road adjacent on the west, as said .road existed on March 1.3, 1922. thrraanto hula authorized_ il:rtcll: _ Jan uary 23 1973 n January 24 1973i),dT r r hr un ler a Nor )rr I nLl n sd and fin' _ Fttr. pu ,rally epiwa,ed' Donald A. M_Lnnis I - "l aura Lagr CtY Yk C1e .., _... ....,x _r. Xi.`y'n[ the G,rpneativn Thal r•.,rn:rd th, :hm lw,nimem. RnnNn In inv o, h-' Ili, pPt'aun:. R!In ne'a'p b'd the •sithin [n ounlrnt "I 6rLal t' ,d Elie Cnrpolmliom thendn n'.nuvd. and (J,t[rmai,ei I lis'ub-d Elie Vollin ln�lru uho: :r.: <witt t.. its bt it, it "ini - -- R� 1.7_k/� - L... .... OA__UFJy - -- - Nan w. (T.pc(l or Printed) CITY OF NEWPOPPr, BEACH _ lavo_r t`c� `cl:raC li: - - -_. City 10 •.`lc -zm xsI x ..........0 I•illo Oder \o._.. .I': =i;t;,+v +,r I -)rm : \n_ \AAIt. T 5TA?F,IAi' ^:TS ,a5 CITY CLERK January 23, 1973 City Attorney City Clerk Property at Bushard Street and Hamilton Avenue, Huntington Beach. Attached is check for $13, 100.00 which accompanied the bid of Frank H. Ayres & Son for subject property. Will you please deposit it with the Bank of Newport when you open the escrow. City Clerk LL:dg Att. cc: City Manager 0 0 FRANK H. AYRES & SON LAND DEVELOPERS SINCE 1905 20951 BROOKHURST STREET HUNTINGTON BEACH. CALIFORNIA (714) 952 -5583 5404200 January 10, 1973 City of Newport Beach City Clerk 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: MAILING ADDRESS POST OFFICE BOX A HUNTINGTON BEACH. CALIFORNIA 92848 Enclosed is our sealed bid on the property at Bushard and Hamilton, with our Cashiers Check in the amount of ten percent (10 %) of the bid ($13,100,00). Sincerely y4 rs, Z ,Deyoung y j! Vice President U-179 We CITY OF NEWPORT BEACH SURPLUS REAL PROPERTY BUSHARD STREET AND HAMILTON AVENUE HUNTINGTON BEACH, CALIFORNIA PROPOSAL TO PURCHASE To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Gentlemen: The undersigned declares that he has inspected the location of the surplus property; has carefully read City Council Resolution No. 7881 declaring the property to be surplus, authorizing its sale, and setting out the procedures for its sale; has care- fully examined the preliminary title report from Title Insurance and Trust Company and the Evans, Goffman and McCormick soils report; and has consulted with the City of Huntington Beach concerning applicable land use regulations for the property. The undersigned hereby proposes to purchase said real property and do all things necessary to complete the purchase if he is the successful bidder in complete accor- dance with the terms of Resolution 7881 and will make full payment therefor within thirty (30) days after the award of the bid. The undersigned further declares that his offer is unconditional and without excep- tion; that it is not conditioned upon the approval of any proposed development by the City of Huntington Beach; and that he will pay all recording costs and closing costs associated with purchase of the property. Accompanying this proposal is a cashier's check, certified check, or cash deposit equal to ten percent (10%) of the bid price as a guarantee that if the proposal is accepted, the undersigned will complete the purchase transaction as provided in Resolution 7881. The undersigned is aware that failure of the successful bidder. to complete the purchase as required shall result in forfeiture of the deposit to the City. TOTAL BID PRICE WRITTEN IN WORDS - WRITTEN IN NUMBERS - ONE HUNDRED THIRTY -ONE THOUSANDDollars and NO---------- - - - - -- -Cents FRANK H. AYRES & SON Bidders Name Mailin • P.O. Drawer A 20951 Brookhurst Street Huntington Beach, Ca S Address (714) 540 4200 Telephone Number PFB:ep 11/30/72 (Revised) $ 131,000.00 i yea Signature r De Young, Vice November 10, 1973 ►-1 Y �Q Ld- W Z 0_ 0 00 K W a - J Z Q J O U N J O - 2 O Q Q K 2 W 0 -<0 m Q1- o o z Z Z W Q J = Q N Z N m 2 m z m o m , Qj q U U � W O W t � z E RESOLUTION NO. 7909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DETERMINING THE HIGHEST BID AND AUTHORIZING EXECUTION OF A GRANT DEED CONVEYING PROPERTY LOCATED AT BUSHARD STREET AND HAMILTON AVENUE TO THE HIGHEST BIDDER WHEREAS, by Resolution No. 7832 dated October 10, 1972, the City Council of the City of Newport Beach declared certain real property located at the intersection of Bushard Street and Hamilton Avenue, in the City of Huntington Beach, legally described as follows, to be surplus, authorized its sale and set out the procedure for its sale: That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Town- ship 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 51, page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at the intersection of the west line of said northwest quarter with the westerly prolonga- tion of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the northeast corner of said land; thence south 440.00 feet along the east line of said land to the south line of said north half of the northwest quarter of the southeast quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning. Except from that portion thereof lying northerly of the southerly 165.00 feet, that portion included within the County road adjacent on the west, as said road existed on March 13, 1922. Said land is shown on a map filed in Book 7, page 37 of Record of Surveys, in the office of the County Recorder of said County; WHEREAS, on November 27, 1972, the City Council adopted Resolution No. 7881 rejecting all bid proposals for the Bushard and Hamilton property, Huntington Beach, authorizing rebidding, and setting out the procedure for its sale; and WHEREAS, on January 12, 1973, bids to purchase said property were received and opened by the City Clerk and a -1- public auction was conducted by the City Manager; and WHEREAS, after holding a public hearing at which all bids and the results of the public auction were considered, the City Council has determined that the highest bid therefor has been submitted by Frank H. Ayres and Son in the amount of $139,000 1 , and that said sum is fair and acceptable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk are hereby authorized to execute a grant deed on behalf of the City of Newport Beach, conveying said property to Frank H. Ayres and Son , in accordance with the terms and conditions set forth in said Resolution No. 7881. ADOPTED this 22nd day of January , 1973. ATTEST: City Clerk Mayor -2- DON dm 1/17/73 RESOLUTION NO. 7909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DETERMINING THE HIGHEST BID AND AUTHORIZING EXECUTION OF A GRANT DEED CONVEYING PROPERTY LOCATED AT BUSHARD STREET AND HAMILTON AVENUE TO THE HIGHEST BIDDER WHEREAS, by Resolution No. 7832 dated October 10, 1972, the City Council of the City of Newport Beach declared certain real property located at the intersection of Bushard Street and Hamilton Avenue, in the City of Huntington Beach, legally described as follows, to be surplus, authorized its sale and set out the procedure for its sales That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Town- ship 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 51, page 14 of Miscellaneous Maps,:,in the Office of the County Recorder of said County, described as follows: BEGINNING at the intersection of the west line of said northwest quarter with the westerly prolonga- tion of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the northeast corner of said land;. thence south 440.00 feet along the east line of said land to the south line of said north half of the northwest quarter of the southeast quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning. Except from that portion thereof lying northerly of the southerly 165.00 feet, that portion included within the County road adjacent on the writ, as said road existed on March 13, 1922. Said land is shown on a map filed in Book 7, page 37 of Record of Surveys, in the office of the County Recorder of said County; WHEREAS, on November 27, 1972, the City Council adopted Resolution No. 7881 rejecting all bid proposals for the Bushard and Hamilton property, Huntington Beach, authorizing rebidding, and setting out the procedure for its sale; and WHEREAS, on January 12, 1973, bids to purchase said property were received and opened by the City Clerk and a -1- public auction was conducted by the City Manager; and WHEREAS, after holding a public hearing at which all bids and the results of the public auction were considered, the City Council has determined that the highest bid therefor has been submitted by Frank H. Ayres and Son in the amount of $139,000 and that said sum is fair and acceptable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that the Mayor and City Clerk are hereby authorized to execute a grant deed on behalf of the City of Newport Beach, conveying said property to Frank H. &aMs and Son , in accordance with the terms and conditions set forth in said Resolution No. 7881. ADOPTED this 22nd day of January , 1973. ATTEST: City Clerk -2- Mayor DON dm 1/17/73 P RESOLLr',.OJ No. 7 A RESOLUTION OF THE CITY COUTTI _ OF THE CITY OF NEWPORT BENCH DECLARING ITS :_;^ELATION TO DEI''OSIT THE PROCEEDS FROM THE z!LE 0 THE BUSHARD AND I-3AMILTON PROPERTY _ TC 7FE CAPITAL I'MPROVEMENT FUND WHEREAS, the City of Newport Beacn _ -__ses tc sell certain surplus real property located at the int=.-= _st__n of uushard and Hamilton Streets in the City of Hunting_ =each; and WHEREAS, said property was acquired by the C_._y some time in the early 1900s and there is no record of the source of the purchase revenues; and WHEREAS, the property taxes on said property have been paid out of the Water Fund; and WHEREAS, certain funds were advanced from the Unappro- priated Contingency Reserve Fund for the purpose of obtaining a quitclaim deed to an oil and gas lease located on said property; and WHEREAS, the City Council has adopted a policy to place proceeds from the sale of City property into the Capital Improvement Fund; and WHEREAS, because the source of the revenue to purchase the subject property is uncertain, the City Council believes that it would be in the best interests of the community to deposit said proceeds into the Capital Improvement Fund after appropriate reim- bursements to the Water Fund for previously paid property taxes and to the Unappropriated Contingency Reserve Fund for the cuitclaim deed of the oil and gas lease; NOW, THEREFORE, BE IT RESOLVED that the Cloy = ouncil of the City of Newport Beach hereby declares its inten_ion =o deposit the proceeds from the sale of the Bushard and Ha,.. -_. =_reets property into the Capital Improvement Fund, less z -._.nt no necessary to reimburse the Water Fund _o° previously paid real property taxes, and to reimburse the Unappropriated Contingency ::serve Fund for the purchase of the c_= and gas lease on the p operty. ATTEST: ty C ADOPTED this 22nd _ day o-- ,: _ _cy 19 73. DON d% 1/17%73 CITY OF NEWPORT BEACH JAN u OFFICE OF THE CITY MANAGER � 197 By the CITY COUNCIL January 17, 1973 CITY 00 [M!"Op'" A6ACH TO: MAYOR AND CITY COUNCIL COUNCIL AGENDA ITEM B -1 FROM: City Manager SUBJECT: SALE OF 4.7 ACRE SURPLUS CITY PROPERTY IN HUNTINGTON BEACH RECOMMENDATION: If desired, adopt (1) Resolution No. determing the highest bid and authorizing execution of a grant deed conveying property located at Bushard Street and Hamilton Avenues to the highest bidder; and (2) Resolution No. declaring intention to deposit the proceeds from the sale into the Capital Improvement Fund. DTSCIISSTnN The City of Newport Beach owns in fee a 4.7 acre parcel of "R -1" real property in the City of Huntington Beach on the east side of Bushard Street, 170 feet southerly of Hamilton Avenue. The parcel has been declared surplus by Council resolution. By action of Resolution No. 7832 the City Council first offered the property for sale on October 10, 1972. On November 17, 1972, the City Clerk opened only one bid for the property from Shapell Industries, Inc. for the minimum price of $130,000.00. Upon staff recommendation, by action of Resolution No. 7881, the one bid was rejected and the property was re- advertised. New Bid Results. On January 12, 1973, the City Clerk opened three bids for the read dvertised sale (minimum permissable bid - $130,000.00): Bidder Amount Bid R. K. Elliot $134,000.00 Construction & Development Co. 930 South Newhope Street Santa Ana 92704 Frank H. Ayres and Son $131,000.00 20951 Brookhurst Street Huntington Beach 92646 Page -2- Shapell Industries, Inc. $130,000.00 8383 Wilshire Blvd. Suite 700 Beverly Hills 90211 Auction Procedures. Sections 10 and 11 of Resolution No. 7881 provide in part as fo lows: "S'ECTION 10. Public Auction. At the regular City Council meeting of Mon ayay, J�2, 1973, at 7:30 P.M., the City Clerk shall announce the amount of the highest . sealed bid received and the name of the bidder, and the City Manager shall then call for oral bids. To be considered, the first oral bid must exceed the highest sealed bid by $5,000.00. Additional oral bids must be in multiples of $1,000.00 to be acceptable. To be qualified to participate in the public auction, a bidder must have submitted a valid sealed bid, together with the necessary deposit. "SECTION 11. Sale "Award. Upon receiving the highest bid obtainable from a— ­­qualified bidder, the City Manager shall declare the amount of the highest bid and the name of the bidder. The City Council may then determine whether it wishes to accept or reject the high bid, or the Council may continue the sale until its next regular meeting." In order for an auction to take place during Monday night's Council meeting, either the Shapell or Ayres company must submit an oral bid of $139,000.00. Additional oral bids must be in multiples of $1,000.00 to be acceptable. The bidder to whom the property is sold must make full payment therefor to the City within thirty (30) days after the City Council approves the sale. The buyer will pay for all recording costs and real property transfer taxes and the City assumes no responsiblity to pay real estate commissions, recording fees, deed transfer fees, escrow fees or cost of policy of title insurance. Distribution of Sale Proceeds. City Council Policy Manual Statement F -8, unanimously reaffirmed on February 14, 1972, provides in part that, "Revenues from the sale of City property or the sale of material from City property will be placed in the Capital Improvement Fund." The agenda resolution provides for deposit of the sale proceeds into the Capital Page -3- Improvement Fund after appropriate reimbursements to the Water Fund for previously paid property taxes and the Unappropriated Contingency Reserve Fund for the quit claim deed of the oil and gas lease that previously encumbered the property. CONCLUSION: The property has now been offered for sale on two separate occasions and has been given wide advertising exposure. As a result of rejecting the one original bid, the -price offered in the second bidding series has been increased $4,000.00. Approval of the sale by the City Council is recommended even if the sealed bid price is not raised by public auction. RLW /PFB:cs aW�^ ROBERT L. WYNN Lai RESOLUTION NO. 7881 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REJECTING ALL BID PROPOSALS FOR THE BUSHARD AND HAMILTON PROPERTY, HUNTING- TON BEACH, AUTHORIZING REBIDDING, AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, on October 10, 1972, the City Council of the City of Newport Beach adopted Resolution No. 7832, de- claring certain real property to be surplus, authorizing its sale and setting out the procedure for its sale; and WHEREAS, the sealed bids were opened and publicly announced in the office of the City Clerk at 10:00 A.M. Friday, November 17, 1972; and WHEREAS, only one bid, in the amount of $130,000.00, was submitted for the purchase of the property; and WHEREAS, pursuant to Sections 11 and 18 of Resolution No. 7832, the City Council has determined that it would be in the best interest of the City to reject the one bid and offer to resell the property under the following terms, procedures, and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND ORDERS THAT: SECTION 1. Size - Location. The subject property comprises 4.7 gross acres (more or less) of land located on the east side of Bushard Street, 170 feet (more or less) south of Hamilton Avenue in the City of Huntington Beach, California. The dimensions of the property to the Bushard Street centerline are 495 feet east -west by 440 feet north - south. Said property is shown on the map dated December 16, 1971, designated Drawing No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part hereof by this reference. SECTION 2. Surplus Property - Legal Description. The property as hereinafter described is surplus, and there is no -1- present or prospective need for same; That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per may recorded in Book 51, page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at the intersection of the west line of said northwest quarter with the westerly prolongation of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the northeast corner of said land; thence south 440.00 feet along the east line of said land to the south line of said north half of the northwest quarter of the southeast quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning. Except from that portion thereof lying northerly of the southerly 165.00 feet, that portion included within the County road adjacent on the west, as said road existed on March 13, 1922. Said land is shown on a map filed in Book 7, page 37 of Records of Surveys, in the Office of the County Recorder of said County. SECTION 3. Statement of Title. Title Insurance and Trust Company of Santa Ana, California reports that it is pre- pared to issue, or cause to be issued, in the form of the California Land Title Association Standard Coverage form of Policy of Title Insurance, a policy of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Excep- tion therein not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. There are no known conditions that would measurably restrict or limit the utility of subject land. A copy of said policy form, marked Exhibit "B ", is attached hereto. SECTION 4. Topography. The property is generally flat and at an elevation of 6.72+ feet. -2- SECTION 5. Soils. Soils data on the property was prepared by the firm of Evans, Goffman & McCormick of Santa Ana as an aid to prospective bidders in establishing purchase price. The work is that of the engineers, and the City makes no war- ranty, either express or implied, relative to the soils conditions and /or drainage characteristics of the subject parcel. SECTION 6. Zoning. The subject property is presently zoned R -1 (Single Family Residence District). The City of Newport Beach makes no representations as to use and development standards which may apply to the property. Such information must be ob- tained from the City of Huntington Beach. SECTION 7. Sealed Bids. Said property is hereby offered for sale, and bids therefor are invited, beginning Friday, December 1, 1972, under the procedure of sealed bidding and public auction as hereinafter set forth. The minimum ac- ceptable bid shall be $130,000.00. Each bid must be on an of- ficial Bidders Proposal Form and submitted to the City of Newport Beach, City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 10:00 A.M., Friday, January 12, 1973. All bids shall be in a sealed envelope clearly marked: "SEALED BID PROPOSAL - BUSHARD AND HAMILTON PROPERTY - HUNTINGTON BEACH." SECTION S. Deposit. Each bid must be unconditional and without qualifications, and be accompanied by a deposit of cash or a certified or Cashier's check payable to the City of Newport Beach, equal to ten percent (10Y.) of the amount bid. This deposit is to guarantee that if the City accepts the sealed bid or an oral bid made at the auction (See Section 10) by a bidder, said bidder will complete the purchase within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolution. If qualified sealed bids of equal amounts are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The -3- DON:sh 11/29/72 deposit of the successful bidder shall be applied to the purchase price, and will not be deposited into escrow. Upon acceptance of the successful bid by the City Council, all other deposits shall be returned to the bidders. Failure of the successful bidder to complete the purchase as above required shall result in forfeiture of the deposit to the City. SECTION 9. Opening Bids. The sealed bids shall be opened and publicly announced in the Office of the City Clerk at 10:00 A.M., Friday, January 12, 1973. SECTION 10. Public Auction. At the regular City Council meeting of Monday, January 22, 1973, at 7:30 P.M., the City Clerk shall announce the amount of the highest sealed bid received and the name of the bidder, and the City Manager shall then call for oral bids. To be considered, the first oral bid must exceed the highest sealed bid by $5,000.00. Additional oral bids must be in multiples of $1,000.00 to be acceptable. To be qualified to participate in the public auction, a bidder must have submitted a valid sealed bid, together with the necessary deposit. In conducting the sale, the City Council may waive informalities in bids and may by motion modify the terms of this resolution as deemed necessary to obtain the highest price for the property. SECTION 11. Sale Award. Upon receiving the highest bid obtainable from a qualified bidder, the City Manager shall declare the amount of the highest bid and the name of the bidder. The City Council may then determine whether it wishes to accept or reject the high bid, or the Council may continue the sale until its next regular meeting. SECTION 12. Escrow - Terms. The bidder to whom the property is sold must make full payment therefor to the City DON:sh 11/29/72 within thirty (30) days after the City Council approves the sale. Upon acceptance of the highest and best bid by the Newport Beach City Council, the City shall open an escrow with the Bank of Newport and forthwith deposit into said escrow a properly executed Grant Deed conveying fee title to the property. SECTION 13. Title Insurance. On notice from Title Insurance and Trust Company that it is prepared to issue at Buyer's expense a CLTA Standard Coverage Title Insurance Policy with liability equal to the full purchase price showing title vested in the highest bidder, subject only to the exceptions shown in the preliminary title report, the bidder shall deposit into the escrow the difference between the bid award price and his cash or certified check bid deposit. SECTION 14. Real Estate Commissions - Closing Costs. The buyer shall pay for all recording costs and real property transfer taxes within thirty (30) days after the date the City Council approves the sale. All bids will be on a NET NET NET basis, and the City of Newport Beach assumes no responsibility to pay real estate commissions, recording fees, deed transfer fees, escrow fees or cost of Policy of Title Insurance; these costs should be taken into consideration when submitting bids. SECTION 15. Real Property Taxes. Although owned by the City of Newport Beach, a municipal corporation, this property is not exempt from real property taxes. Said taxes will be pro- rated between buyer and seller to the date of opening of escrow. SECTION 16. Inability to Convey. If the property cannot legally be sold by the City, or the City is unable to convey marketable fee title within a reasonable time after the date of sale, the sale shall be void and deemed mutually can- celled, and any price paid or deposit made by buyer shall be refunded and no liability of the City shall exist or arise from such cancellation. -5- SECTION 17. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale, or otherwise, with respect to location, size, zone or utility or interest therein which is sold or offered for sale. SECTION 18. Withdrawal from Sale. The City Council reserves the right to reject any and all bids. SECTION 19. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the ad- dress or location, description, zone and approximate size of the property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional information may be obtained from the City Clerk's office. The notice shall be published once in the official newspaper of the City, and copies of the notice and resolution shall be made available for inspection in the City Clerk's office. SECTION 20. Official Bidders Proposal Form. All bids must be submitted on an official Bidders Proposal Form avail- able for purchase in the City Clerk's office for $10.00. Facsimile_ copies of the official form are not acceptable. ADOPTED this 27th day of November , 1972. ATTEST: CLfG�� City Clerk /•l��'f -GOPG� Lf• Mayor DON dm 11/20/72 CEN TEfi SEC. /E - 6 - /O HAM /L TON - - - -„ .moo• _ - v. t/.vE fei /az� ELEY. 10.72,1 M. 5. L. L J° 0 s 00' r0 a a S T. N $CAL 6+ / ••• 300 CITY OF NEWPORT REACH DRAWN�4XTf -r DATE /4mIC.7/ _ PUBLIC WORKS DEPARTMENT APPROVE iyi90PER7-Y FOR SALE .4ss,r,NCITY HAN.4QdA AT BC/S/HARD AND HAMILTON //V /•!!/NT//VGTO/V BE.4CN DRAWIND NO. HAM /ETON sr. Cl rY o a� c1TY ? y � 8 PI?OPERTY �c __ BANN /.vG AYl.. 2a R411V T /NG TON C/ TY c°T�ACH of V r BLACN OF a �C Co 1 CITY OF NEWPORT REACH DRAWN�4XTf -r DATE /4mIC.7/ _ PUBLIC WORKS DEPARTMENT APPROVE iyi90PER7-Y FOR SALE .4ss,r,NCITY HAN.4QdA AT BC/S/HARD AND HAMILTON //V /•!!/NT//VGTO/V BE.4CN DRAWIND NO. F__ __. _ _., . CONDITIONS AND STIPULATIONS. (Continued and Concluded From Reverse Side of Policy Face) the full 'amount of this policy. together wah all rusts. attorneys fees and expenses N'.ueh the Company is obligated hereunder w pay. shall terminate all liability of the ('on:pany hereunder. In the event. after notice of claim has been given to the Cam - p:my by the Insured. the Company offers I., purchase said indebtedness, the owner of such indehtedness shall transfer and assign ,aid indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a)'. The liability of the Company under this paliry shall in no case (:teed. in all. Ilia aetoal loss of the Insured and costs and attorneys fees which the Company may be iobligare:I hereunder to pay. (h) The Company will pay in addition to any loss insured against by this policy, .III ousts imposed upon the Insured in liti: gction carried no by the Company fat the Insured, and all crisis and attnrneys' fees in litigatinn carried on by the Insured with the written authorization of the Company (c) No claim for damages shall arise of he maintainable under this policy (I) if the Company, after having received notice of an alleged defect, lien or encumhrance not excepted nt excluded herein removes ouch defect, lien of encumbrane within a reasonable time after receipt of such notice. at (2) for liability voluntarily assumed by the Insured in settling any claim of suit without written consent of the Company. of (3) in the event the title is rejected as unmarketable because of a defect, lien nr encumbrance not excepted at excluded in this policy, until there has been a final determination by a coup of competent jutis dictinn sustaining such rejection. (d:) All payments under this policy, ex iept payments made for crisis, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto and no payment shall he made withnut producing this policy for Indorsement of such payment unless the policy be lost or destroyed, in which case proof of such Inss or destruction shall he furnished to the satisfaction of the Cam - pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such payments shall not reduce pro tanfn the amount of the insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mort- gage. Payment in full by any person or voluntary satisfaction or release by the In smed or a mortgage coveted by this policy shall terminate all liabili4, of the Company to the insured owner nf. the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 hereof. (e) When liability has heen definitely fixed in accofdame with the conditions of this policy the loss of damage shall be pay- able within .thirty days thereafter. E. LIABILITY NONCUMULATIVE It is expressly understood that the amount of this polity is reduced by any amount the Company may pay under any policy insuring the validity nt priority of any mortgage shown of referred to in Schedule B hereof of any mnffgage here- after executed by the Insured which is a charge of lien on the estate of interest .described of referred to in Schedule A, and the amount so paid shall he deemed a pay ment to the Insured under this policy. She provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate of interest in satisfaction of said indebtedness of any part theteof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy; all .tight of sub- rogation shall vest in the Company un- affected by any as of the Insured, and it shall be subtogated to and be entitled to all tights and remedies which the Insured would have had against any person of prop etty in respect to such claim had this policy not been issued. If the payment does not covet the loss of the insured. the Company shall be subtogated to such tights and remedies in the proportion which said pay- ment heats to the amount If sail' loss. If loss should result .from any act of die In soled. such act shall not void this policy. hat the Company. in that event, shall be required to pay only that pan of any losses insured against hereunder which shall ex cued the amount, if any, lost to the Com- pany hy' reason of the impairment of the tight of subrogation. The Insured, if re. quested by the Company, shall transfer to the Company all rights and remedies against any persnn of pmpeny necessaty in order to perfect such tight of subrogation, and shall permit the Company to use rile name of the Insured in any transaction of litigation involving such rights of temedies. If the Insured is the owner of the in- debtedness secured by a mortgage coveted by this policy, such Insured may release of substitute the personal liability of any debtor of guarantor, nr extend or otherwise modify the terms of payment. w telease a portion of the estate or inmre,t from the lien of the mortgage of release any cal lateral security for tote indebtedness. pro vided such act does nor result to ant loss of priority of the li:n of the n;orrgage. 10. POLICY ENTIRE CONTRACT Any action or actions or tight., of action that the Insisted may. Lave r,f may hiring against the Company arising out of the status of the lien of the mortgage novefed by this policy or the title of the estate or interest insured herein must he based un the provisions of this policy. No provision or condition of this policy can be waived of changed except by writing endorsed herein or attached herein signed by the President, a vice President, the Secretary. an Assistant Secretary if orl.ef validating officer of the Company. 11. NOTICES, WHERE SENT All entices requited to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad dressed to it of the office which issued this policy of to ors Home Ofhce, 433 South Spring Street, Los Angeles, California 90051. 12. THE PREMIUM SPECIFIED IN SCHEDULE A IS THE ENTIRE CHARGE FOR TITLE SEARCH. TITLE EXAMINATION AND TITLE INSURANCE. O Title Insurance: and Trust Company TI TO 1014 FC (S -72) Calif.o,` fond Title Aueriotion s.andare Ceyer.q. Feliq Form C Zy,i9Er 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the patties named as Insured in Schedule A, the heirs; devisees, personal representatives of such Insured, or if a corporation, its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with costs, auofneys fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of I. Any defect in or lien or encumbrance on the tide to the estate or interest covered hereby in the land described or referred to in Schedule C. exiiting at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions and Stipulations; to 2. Unmarketability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A. but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this policy; or 4. Priority over said mortgage; at the date hereof, of any lien or encumbrance not shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, however to the ptoviskm4 of Schedules A, B and C and to the Conditions and Stipulations hereto annexed. In Witnett Whereof, Tide Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Title insurance and Trust Company by - -,, —y PRESIDENT E Attest q SECRETARY CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy men: (a) "land': the land described, .speril" ally or by referemr, in Schedule C and improvements affixed therein which by lain' constitute real property; (b) "public records ": those rrcriris which impart consirucrive notice of matters relaring to said land; (c) "knowledge•': actual knowledge, nor ronsrructive knowledge nr notice whith may be imputed in the Insured by reason of any public records; (d) "date the effective date: (e) " morrgage mnugage, deed of trust . trust deed, nr ether security instrument, and (f) "insured' the party nr parties named is :inured, and if the nwnet of the in- debtedness svrured by a mnugage shown in Srhedulo H is named as •.an Insured in Schedule A. the Insured .shall include (1.) each successnr in interest in nwnership of surh indebtedness, (2) any such nwner who acquires the estate nr interest referred ,, in this pnlicy by foreclosure,. trustee's sale, no other legal manner in saris(acrinn of said indebtedness, and (3) any federal agency nr instmmeriality which is an in- surer or guaranmr under an insurance cnn- rract or guaranty insuring nr guarameei ngg said. indebtedness, m any part therenf, whether named as an insured herein or flat. subject otherwise to the provisions herenf. 2. BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mnrrgage described in Sched- ule 8 acquires said estate or interest. nn any part thereof, by fnreclosure, i us' ee's sale, nr other legal manner in sarisfacrinn of said indebtedness• nt any parr thereof, nr if a federal agency nr instrumentality acquires said estate nr interest, nr any part thereof, as a consequence of an insurance crihrracr nr guaranty insuring nr . guarantee- ing the indebtedness secured by a mnrrgage coveted by this pnlicy or any. part therenf, this pnlicy shall continue in farce in favnn of such Insured, agency nr instrumentality , subject in all n( the cnnditinns and stipula- ninns hereof. 3. EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This pnfiry dnes flat insure against Inss or damage by reasons of the follnwing: (a) Any law, nrdinance or governmental regulation (inrluding but not limited in building and zoning . ordinances) restricting nr regulating nr prohmiring the nccupancy, use or enjoyment of the land, or regulating the character, dimensinns, or location of any improvement now nr hereafter erected on said land, or prohibiting a separation in ownership nr a reductinn in the dimensions or area of any lot fir parcel of land. (h) Governmental rights'nf police pnwer nr eminent domain unless: nmice n( the exercise of surd, rights appears in the public rru.rds at thr date herenf; (c) Tide in any prnpeny beynnd the lines of the land expressly described in SrllcHrrlc C, or Title in streets, rnad, . ave. nuns. hors, wily, or wmntways on whirl, such land abuts, nr the right to maintain therein vaults, tunnels, rump rr any other .structure of improvement, fir any rights of easements . therein unless this polity sprrifir all), pnvides that such property. rights or rasements ate insured. ixrept that if the land ahuns upon one or nauar physir:dly open wirers or highways this polity imuies the rrTimaay rights of abuning owners fill arms, to one of surh salters fir highways, unless uthetwisr ext rpird of rxcludrd herein, (d) Defects• liens, rnramhrames.: ,i_ claims against the tide as insurrd or othrT matters ( 1 ) created, suffered, assumed of agreed In by the Insured claiming Inss of damage; nr (2) knnwn in the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate nr interest insured by this policy and flat shnwn by the public records, unless disclosure thereof in ,vIning by thr Insured shall hove been made in the Com. pany print to the date of this pnlicy: nr (3) resulting in no Inss in the Insured Claim- ant, nr (4) aaraching nr treated subsequent in the date hereof. (e) Loss nr damage which would not have been sustained if the Insured were a purchaser on encumbrancer for value with - nut. knnwledge. 4. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its nwn cast and wirinut undue delay shall pnvide (1) far the defense of The Insured in all litigatinn cnnsisaing of actinns nr proceedings coma menced against the Insured, nt defenses• restraining finders, nr injunaimns imetimsed against a fnteclnsuie nt sale of the mnrr- gage and indebtedness coveted by this pnlicy nr a. sale of the estate nt interest in said land; nr (2) (fir such action as may be apprnpriare in establish the tide of the estate nr interest nt the lien of the mmi- .gage as insured, which lidgatinn of actinn in any of such events is fnunded upon an alleged defect, lien of cncumbrame in- sured against by this pnlicy, and may pur. sue any litigation n final determination in the cnuit of last nes it. (b) In case any such acrinn nr pnceed. ing shall be beggun, m defense interposed, at in case knnwledge shall came in the In- sured of any claim of tide nt interest which is adverse in the tide of the estate nT in. terest or lien of the mortgage as insured, of which might cause loss or damage for which the Company shall nt may be liable by virtue of this pnlicy of if the Insured shall in good faith cflmrract to sell the in- debtedness secured by a mortgage covered by this policy, or• if an Insured in grind faith leases tit rontract, in sell, lease m mortgage the .same, of if the successful bidder at a. fineclnsuie sale under a mmi. gage covered by his policy refuses in put - chase and in any such event the tide to said estate of interest is rejected as um marketable, the Insured shall notify The Company thereof in writing. if such notice shall nor he given in the Cnmpany within fro days of the receipt of Pilo, s fir plead. ing, or if thr Insured shall not. in writing• po"opily notify fin Cnmpany of any Jr feet. lien of encumbrance insured against which shall frame in the koo•dedge of the Insured, of if rile Insured shall nil, in writing, prrmpdy notify the Cnmpany of any such rejection by reason of claimed um marketability of title, then all liability of The Cnmpany in regard to the subject mallet of such .,cunt, pnceeding or matter signll rease and terminate; provided, however, n that failure , nmify shall in no rase piemdicr the claim of any insured unless The Cnmppany shall hr artually prejudicrei by such ('ailuir and then nnly T., the rxaror of such piejudirr. (c) The Cnmpany shall have thr right at its own lost to institute and pnseaue any aclinn at proceeding or do any other act which in its npininn may be necessary of desirable in establish the ride of the estate of interest nT the lien mf the mmT- gage as insured; and the Cnmpany may take any appnpu ate actinn under fire irrm.s of this pnlicy whether nT nor if shall be liable thereunder and shall nnr thereby cnncede liability nT waive any provision of this pnlicy, (d) In all rases where this policy per - mirs nr requires the Cnmpany n, prosecute of pnvide for the defense of any action of proceeding, the Insured shall secure in it the right in sin pnsecule nT provide de. fense in such action fir ptnceeding, and all appeals therein, and permit if to use, at its opainn, the name of the Insured fill such purpose. Whenever requested by the Cum - pany the Insured shall give the Cnmpany all reasonable aid in any such action or ptnceeding, in effecting settlement, securing evidence, nbaaining witnesses, nt pinsecu. ring of defending such aclinn of proceed- ing• and the Cnmpany shall reimburse the Ins uled far any expense sn incurred. S. NOTICE OF LOSS — LIMITATION OF ACTION In addition in the notices required under paragraph 4(b), a statement in writing of any Inss nr damage far which if is claimed the Company is liable under this pnlicy shall be furnished in the Cnmpany within sixty days after such loss ni damage shall have been determined and no tight mf acrinn shall accrue in the Insured under this pnfiry until thirty days after such statement shall have been furnished, and no tecnveay shall 6e had by the Insured under this pnlicy unless acrinn shall be commenced thereon within five years after expiration of said thirty day period. Failure in furnish such statement of loss nr damage, nt in commence such actinn within The time hetembefine specified, shall be a cnm elusive bat against maintenance by the In- suied of any actinn under this poliry. 6, OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to Pay or settle fir compromise for m in thr name of rile Insured any claim insured against fir to pay the full annum of this Policy. or, in case loss is claimed undrT chi. policy by the owner mf the indebndorss secured by a mmigagr covered by this polity, the Cnmpany shall have the option in putrhasr said indrhirdness; such put. rlwsr. Paymint tit troller of paymrnr of (Coitdit'me` unfi Stipulotions Cuntinurd and Cancludrd nn Last Page of This Policy) 70 1e12-1 AS C sa cwnAw Nkv i%3 SCHEDULE A Premium $ 545. 0 0 Effective Amount $175,nnn.On Data OCTOBER 9, 1972 AT ?:nn A.M. Policy No. 5 05459 tNSURED CITY OF f!`_UPORT BEACH, A MUNICIPAL CORPORATION. 1. Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF N"'.?0'RT 5EACI1, A MUNICIPAL CORPORATTO!!. 2. The estate or interest in the land described or referred to in Schedule C covered by this policy is a fee. SCHEDULE B Tbu policy does not insure against loss or danuge by reason of the following: PART I t. Tazee or assessments which are not shown ae existing liana by the records of any taxing authority that levies taws or assessments on :real property or by the public records. is Amy facts, rights, intarrea or claims which are not shown by the public records but which could be ascartsined by an inspection of said land or by .making inquiry of persons in paoesoon thereof. 3. Easements, claims of easement or encumbrances which are not .shown by the public .records. 4. Discrepancies, oaotficte in boundary lines, . shortage in arse. encroachmenta, or any other facts which a correct survey would dietlose, and which are not shown by the public records 5. Unpatentad mining claims; reservations or mcaptions is patents or in Acts authorizing the issuance thereof: water rights, claims or title to water. TO 1012.15 c.'. c 1..e n0. •....m0.. sm.e..n c.....,. P.lk,19e3 SCHEDULE B — (Continijodi Pnnl It 1. GGNEPAL AND SPECIAL TAXES FOR THF' FISCAL Y"AP 1972 -1973,, A LIrN Y;OT YET PAYAM_ -... 2 THE USE A" D CONTROL OF CIFM FGAS AND NATURAL STRFAMS OF 1:!ATFP., IF ANYO LIATURALLY UPON,, FLOWING ACROSS,, INTO OR BY SAID LAND, AND TH°_ RIGHT OF !PAY FOP AND TO CONSTRUCT IRRIGATION OR DRAINAGF DITCHES THROUGH ¢a.ln LA' : To I^nlr,P.TF OP 1P,gI" THE A'1J?.CF "T LP,'!D, !1.S RF.cFRVEr) V! THE DECD RECORDED 114 3000.. 3U, PAGE 220.. DEEDS. 3. AN EASEMENT FOR ROADS, RAILROADS MM DITCHES AS RESERVED IN THE I1'.7TP1jI'7t!T APOVF 1171!TIONEPP, OVER. THE WEST 20 FEET OF SAID LAND. 4 1 .I W0y 1v1J J /YI All km land Intl* A atim loan ►ol1tp19)0 With ALTA Endw�nt . Iohn 1 Cawra9o. or Aorrlmn land Tltla Arwslallon 0w r'1 Policy P. 5-19!0 ot California land Title Aunelotian standard Cowro90 Pollcy•1963 " SCHEDULE C The land referred to in this policy is desalted as follows.; T!IAT POPTI();: OF TIi!i "ORTII HALF OF THF 1!OP.THI'IEST QUARTER OF THE SOUTH— LAST QUART`:;'. OFF SI-CTIO'! 130 TO!!!NSHIP fj SOUTH, RANGE 10 WEST, It! THE RANCHO LAS BALSAS, CITY Of HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORF!IA, AS PEP. MAP RECORDED IN BOOK. 51, PAGE 14, OF MISCELLANEOUS NAPS, IN THF OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESORIRF,D AS FOLLOWS '717T''1I1I!'r AT T!I- lNT!7 SFCTTOn! OF THP I.FFST LiN° OF SAID "IOP.THWPST T:1' STs::LY P;:OLOi'CA.TI ^'! OF T;15 110 ^T" LINE OF THE LAND CONVEYED By H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED RECORDED AUGUST 7, 1923, IN BOOK. 4'31, PAGE 276, OF DEEDS OF SAID ORANGE COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLON&ATIO ^I AND SAID NORTH 1. I1!;'. TO THE NORTHEAST CORN17P. OF SAID LAND; THENCE SOUTH 440.00 FEET ALONG THF EAST LI`!E OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF OF THE NORTH'fFST QUARTER OF THF. SOUTHEAST QUARTER; THENCE WEST 495.00 FEET ALONG SAID SOUTH LINE TO THE !!EST LINE OF SAID NORTHWEST QIIARTFR; THENCE NORTH 440.00 FFrT ALONG SAID WFST LIME TO THF POINT OF BF..CINNING. <C"PT FRQ "4 THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTHERLY 155.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON THE WF`ST, AS SAID ROAD EXISTED ON MARCH 13, 1922. SAID LAND IS SflO1'6! OM A MAP FILED IN ROOK, 7, PAGE 37, OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 14 CLTA 107.9 14- 10.691 (0.71) ALTA OR STANDARD COVERAGE INDORSEMENT ATTACHED TO POLICY NO. 505059 ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth in lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof, )'R 1tI1 Il`` NGE.LFS ._ Title Insurance and Trust Company By QA q � 6.— TSECRETARY TO 236 VC IN 0 1 -�14 p11 G S, 0 /OW is SIN'/ ti. M i �I r4 -ti P 7 IQ l _SIR n• TE:3� 1� f L`R. i i Z_ IJ I 4 t mT This is not a survey of the /and but is compiled for i formation by the �1�1 Title Insurance and Trust Company from data shown by t e official records. FORM 159 RE6OURCE9 AGENCY OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS REPORT OF WELL ABANDONMENT 830 North La Brea, Inglewood 903.02-._____California October 3, 1972 _ 1gen1`_—_-----^-- PAC IFIC_SU PI'y_CQDkERA1 VE 3225 Cce— ap— ?1Y_51 - -° - -- — -- �Or0mj del Mar- CA 92625 DEAR SIR: Your report of abandonment of Well No.______'_'_cicy _ of_NIU>vrk_'__] _LII�2- IIIISZH�__, See ------ fl____, T------ S____. R - - -- oL._ -> -- &_9. _B. & M., _________SdESi_h ------- 4ranga ------ - ---- -__ -- County, dated ---- $ept.__2Z,___127A received--- Sept___2H�__1922, has been examined in conjunction with records filed in this office. A review of the reports and records shows that the requirements of this Division, which are based on all information filed with it, have been fulfilled. ADS:rk cc Headquarters Production Dept_ Conservation Conmi, Orange Co. Dept of Bldg 6 Safety Dept of Oilfield Control JonN F. MArrizws, JR. BLANKET BOND StaN Oa and Car Saprr91W camera ea �r e» By -------- L6L- _ (tz - Deputy Sapervirot r er AFFIDAVIT OF PUBLICATION NEWPORT HARBOR ENSIGN j' STATE OF CALIFORNIA 1 11 County of Orange f I, ........�ARVO. � . 1_7AAj?A ........................ .................. ....... being first . only sworn, and on oath depose and say that I am the printer and publisher of the Newport Harbor Ensign, a weekly newspaper printed and published in the City of Newport Beach, County of Orange, State of California, and that the.... ,..' VLl..i:.� li,: �. , ( &. ? .................. ........................... . ........................................................... ............................... of which copy attached hereto is atrue and complete copy, was printed and published in the regular issue(s) of said newspaper, and not in a supplement, ...... 1........... consecu- tive times: to -wit the issue(s) of Oct, 19, 1972 ...................................... �...{............. ............................... (Signed)...... ...� Subscribed and sworn to before me this. :3.1 t. day of .......................... :.'.. a ...r 19... Notarc m and for the I County of Orange, State of California. OFFICIAL SEAL MARY A. HAAPA I Notary Public - Califcmia PRINCIPAL OFFICE IN MY COMMi SSION EXPIRESNDECEMBEB Z(J,Ik�} dk RESOLUTION N0; 7832 half of the northwest quarter accompanied by a deposit of ante Policy with liability equal` A RESOLUTION OF THE Cl- of the southeast quarter; thence cash or a certified or Cash- to the full purchaseprice show - TY COUNCIL OF THE CITY west 495.00 feet along said ier's check payable to the City fng title vested in the highest OF NEWPORT BEACH DE- south line to the west line of of Newport Beach, equal to ten bidder, subject only to the ex- CLARING CERTAIN REAL said northwest quarter; thence percent (10'%) of the, amount ceptions shown in the prelim - PROPERTY TO BE SUR- north 440.00 feet along said bid. This deposit is to guaran+ inary title report, the bidder PLUS, AMTHORIZING ITS west line to the point of be- tee that if the City accepts shall deposit into the escrow SALE AND. SETTING OUT ginning. the sealed bid or an oral bid the difference between the bid THE PROCEDURE FOR 1TS Except from that portion made at the auction (See Sec- award price and his cash or SALE thereof lying northerly of the lion 10) by a bidder, said bid- certified check bid deposit. WHEREAS, the City of New- southerly 165.00 feet, that por- der will complete the purchase SECTION 14, Real Estate port Beach holds title the tion Included within the Coun- within thirty (30) days in ac- Commissions - Closing Costs: . ,to real property in the of ty road adjacent on the west, coedamce with the bid that was The buyer shall pay for all i Huntington Beach whtas as said road existed on March 13, 1922. accepted by fig: City and the terms tbis ution. recording costs and real pro- transfer taxes within thir- formerly used for a wa ell. of perty site, hereinafter described; and Said land is shown on a map If qu�llilsd sealed bids of e- ty (30) days after the date ; WHEREAS, it appears that filed in Book 7, page 37 of qual am ounts are submitted, the the City Council approves the the City has no present or Record of Surveys, in the Of- one reeqiv?'�e�d first by the City sale. prospective need for said pro- face of the County Recorder Clerk 'sRall he'. oosidered the All bids will be on a NET perry; and of said County: highest bf`P ids for all NET NET basis, and the City„ WHEREAS, no qualified pub- SECTION A. Statement of purposes. The` sit of the of Newport Beach assumes no He agency (including the State Title. Title insurance and Trust sucoassful bidder shall be ap- responsibility to pay real es- of California, CountyofOrange, Company of Santa Ana, Calif- plied to the purchase price, and tate commissions, recording and City of Huntington Beach) ornia reports that it is pre- will not be deposited into es- fees, deed transfer fees, es -' has offered to purchase the pared to issue, or cause to crow. Upon acceptance of the crow fees or cost of Policy property at fair market value be issued, in the form of the successful bid by the City Coun- of Title Insurance; these costs for park and recreation pur- California Land Title Associ- cil, all other deposits shall should be taken into consider -. poses pursuant to the provi- aati onnStandard Coverage form be returned to the bidders. ation when submitting bids. sions of Sections 54222 and o y of Title Insurance, Failure of the successful bid- SECTION 15. Real Proper - , 54223 of the California Gov- a policy of title insurance des- der to complete the purchase ty Taxes. Although owned by j, ernment Code; and cribing the land and the estate as above required shall result the City of Newport Beach, a WHEREAS, proceeds from or interest,. therein hereinafter in forfeiture of thetdeposit to municipal corporation, this the sale of this property would set forth, insuring against loss the City. property is not exempt from be placed in the City Capi- which may be sustained byrea- SECTION 9. Opening Bids. real property taxes. Said tax - . tal Improvement Fund; and son of any defect, Hen or en- The sealed bids shall be open- es will be prorated between, WHEREAS, it would be in the cumbrance not shown or re- ed and publicly announced in buyer and seller to the date ' best interest of the City to sell ferred to as an Exception there- the Office of the City Clerk,: of opening of escrow.. - said property under the follow- in not excluded from coverage at 10:00 a.m. Friday, Novemv , SECTION 16. Inability to fntUrms,.procedures and con- pursuant to'the printed Sche- her 17, 1972. ' .Convey. If the property can- ` ditions• dules, Conditions and Stipula- SECTION 10. Public Auc- . . not legally be sold by the City, NOW, THEREFORE, BE IT tions of said policy form. There tion. At the regular CityCoun- or the City is unable to con - RESOLVED that the City Coon- are no known conditions that cll meeting of Monday, Novem- . vey marketable fee title with - cil of the City of Newport Beach would measurably restrict or ber 27, 1972, at 7:30 p.m., in a reasonable time after the ,_hereby FINDS, DETERMINES, limit the utility of subject land. the City Clerk shall announce date of sale, the sale shall RESOLVES AND ORDERS that! A copy of said policy form, the amount of the highest sealed be void and deemed mutually;; SECTION 1. Size - Loca- marked Exhibit "B ", is at- bid received and the name of cancelled, and any price paid , tion. The subject property tached hereto. the bidder, and the City Man- or deposit made by buyer shall comprises 4.7 gross acres SECTION 4. Topography. The ager shall then call for oral be. refunded and no liability (more or less) of land located property is generally flat and bids. To be considered, the of"the City shall exist or arise ' on the east side of Bushard at an elevation of 6.72± feet. first oral bid must exceed the from such cancellation. Street, 170 feet (more or less) SECTION 5. Soils. Soils highest sealed bid by$5,000.00. SECTION 17. No Warran- south of Hamilton Avenue inthe data on the property was pre- Additional oral bids must be ty. No warranty is made or City of Huntington Beach, Cal- pared by the firm of Evans, in multiples of $1,000.00 to be intended by any statement in ifornia. The dimensions of Goffman & McCormick of San- acceptable. To be qualified to this resolution or the notice the property to the Bushard to Ana as an aid to prospec- participate in the public auc- of sale, or otherwise, with re- Street centerline are 495 feet tive bidder sin establishing pur- lion, a bidder must have sub - spect to location, size, zone east -west by 440 feet north- chase price. The work is that mitted a valid sealed bid, to- or utility or interest therein south. Said property is shown of the engineers, and the City gether with the necessary de- which is sold or offered for ,on the map dated December makes no warranty, either ex- posit. sale. r. 16, 1971, designated Drawing implied, relative to In conducting the sale, the SECTION 18. .Withdrawal; -No. M- 5146 -L, attached here- the Soils City Council maywaiveinform- from Sale. Tau> ty Council: to, marked Exhibit "A" and drainage characteristics of the alities in bids and may by mo- ' reserves the,,:. to reject; made a part hereof by this subject parcel. tion modify the terms of this any and aH reference. SECTION. 6. Zoning. The resolution as deemed necessary SECTION ce of Sale: SECTION 2. Surplus Pro- subject property is presently to obtaia the highest price for - Publication : City Clerk; party - Legal Description. The zoned R -1 ngle'Family Res - the property. shall prepare a notice of sale' property as hereinafter des- idence District). The City of SECTION 11. Sale Award. setting out the address or to -' .cribed is surplus, and there Newport Beach makes re- Upon receiving the highest bid cation, description, zone audl is no present or prospective pregpntations as to use and obtainable from a qualified bid- approximate size of the pro- ; eneed for same: development standards which der, the City Manager shall perty being offered for sale,' . That portion of the north may apply to theproperty. Such declare the amount of the high- the date,, place and time the .half of the northwest quarter information must be' obtained est ;bid and the name of the bids will be received and op- . of the southeast quarter of Sec - from the City of Huntington bidder. The City Council may ened and the fact that addi- tion 18, Township 6 South, Range Beach. then determine whether it wish- tional inform n maybe ob- 10 West, in the Rancho Las SECTION 7. Sealed Bids. es to accept or reject the high tained froBFa „ City Clerk's Bolsas, City of . Huntington Said property is hereby offer- bid, or the Council may con- office. The ti R shall be pub- - Beach, County of Orange, State ed for sale, and bids there- tine the sale until its next lashed OR0111teofficialnews- of California, as per map re- for are invited, beginning Fri- regular meeting. paper!�tie City, and copies corded, in Book 51, page 14 day, October 13, 197Z, under SECTION 12. Escrow - of the ° notice and resolution of Miscellaneous Maps, in the the procedure of sealed bidding - Terms. The bidder to whom . shall be made available for Office of the County Recorder and public auction as herein= the �pr•operty is sold must make inspection bi the City Clerk's of said County, described as after set forth. The minimum fullrpayment therefor to the office. tollowsa i. acceptable bid shall be $130,- Citytr►,(twn thirty (30) days af- SECTION 20. Official Bid- BEGINNING at the intersec- 000.00. Each bid must be ter *6 City Council approves' _• . ders Proposal Form. All bids tion of the west line of said on an official Bidders Proposal the ble. Upon acceptance of must be submitted on an of- northwest quarter with the Form and submitted to the City the highest and best bid by the ficial Bidders Proposal Form westerly, prolongation of the of Newport Beach, City Clerk, Newport Beach CityCouncil, the available for purchase in the north line of the land conveyed 3300. Newport Boulevard, New- City shall open an escrof,with City Clerk's office for $10.00. by H. D. Meyer to the City port Beach, California 92660, the Bank of Newport and'tarth- Facsimile copies of the offi- of Newport Beach by deed re- by 10:00 a.m., Friday, Novem- with,, deposit into said escrow cial form are not acceptable. corded August 7, 1923 in Book ber 17, 1972. All bids shall a properly executed Grant Deed ADOPTED this 10th day of 481, page 276 of Deeds of said be in a sealed envelope conveying fee title to the pro- October .1972.'. Orange County; theme' east clearly marked: "SEALED perty. Donajd A. McInnis 495.00 feet along said prolong- BID PROPOSAL - BUSHARD SECTION 13. Title Insur- Mayor allou and said north line to the AND HAMILTON PROPERTY ante. On, notice from Title ATTEST; northeast corner of said land; - HUNTINGTON BEACH." ' Insurance and Trust Company Laura Laglos thence south 440.00 feet along SECTION 8. Deposit. Each that it is prepared to -issue City Clerk the east line of said Iand to bid must be unconditional and at Buyer's expense a CLTA Publish: Oct. 19 1972 io ttie: F�gth line of said north, witkout quaUCcatfons, 'and .be Standard Coverage T#19 e Smut- f the Newport H,,* t— ` JBS:em • "i" 'T - 1134 -58 i SALE OF SURPLUS PROPERTY PUBLIC AUCTION PROCEDURE In order to conduct proceedings fairly and without prejudice to any bidder, certain procedures must be followed. The Mayor shall be the Chairman and shall conduct the auction pursuant to the resolution authorizing the sale of the surplus property. Rulings of the Mayor on procedural matters shall be final unless they be immediately appealed to the City Council. Such appeal may be taken by asking to be heard on a "point of order'. The Mayor shall then inter- rupt the proceedings until the matter is settled by ruling of the City Council, after which proceedings shall be continued. Persons desiring to speak from the floor, unless they are bidding, shall stand and wait to be recognized unless they rise to a "point of order" and if so, they shall so state upon arising. Persons desiring to make an oral bid from the floor shall raise their hand and show their deposit receipt, and upon being recognized, shall state the receipt number, their last name and the bid. The Mayor will repeat the bid, bidder's name and receipt number after each bid. Oral bidding from the floor shall be by qualified persons only, i.e., persons having previously submitted a sealed bid, or persons having made a denosit as specified in the resolution authorizing the sale. Opening the proceedings. The Mayor will give a brief description of the property to be sold, information on publication of notices, the resolution number authorizing the sale and shall ask if all sealed bids are in the hands of the City Clerk. Sealed bids procedure. The Mayor will open all sealed bids and announce t e er s name ana amount bid. The Mayor may designate a committee composed of the City Manager, the City Nttorney and the City Treasurer to examine the bids for items specified in the resolution. This committee shall then take all sealed bids, examine them and report back to the Mayor upon completion of their duty. While the committee is studying the bids, the Mayor may continue the regular Council business until the committee is prepared to report. Result of sealed bids. The Mayor shall announce the highest sealed bid, giving the name of-Tulyer and the name of the broker, if any. The Mayor shall then read a list of persons qualified to bid from the floor by reason of submitting proper sealed bids and these persons shall be given a receipt. The Mayor shall ask that anyone wishing to make an oral bid, who has not submitted a sealed bid shall deposit with the City Treasurer immediately a certified or cashier's check or cash for 15% of the minimum bid specified in the resolution. Persons submitting such certified or cashier's check or cash shall be given a receipt. All such Dersons holding receipts shall then be qualified to join in the oral bidding. KBidding from the floor. The Mayor shall open the bidding from the floor, announcing the amount of the minimum acceptable oral bid (the first oral bid must exceed the highest sealed bid by 10 %). During oral bidding, a committee composed of the City Clerk, the City Manager, the City Attorney and the City Treasurer shall record such oral bids as they are repeated by the Mayor. .ward of high bid. After bidding ceases, the Mayor shall announce the highest bid, the name of the bidder, the name of the broker, if any, and shall declare the property sold, subject to the approval of the City If Council. If in order, the Council shall, by motion accept the highest bid, order the property sold, and direct the City Attorney to complete the sale. By Council motion, unsuccessful bidders' deposits shall be ordered returned upon presentation and signing of receipt previously issued. During these proceedings, the City Treasurer shall have final responsi- bility and accountability for deposits, receipts, return of deposits and collection of receipt. 4 0 3 CITY OF NEWPORT BEACH /� OFFICE OF THE CITY MANAGER .6 1972 October 10, 1972 TO: MAYOR AND CITY COUNCIL Agenda Item G 2 FROM: City Manager SUBJECT: SALE OF 4.7 ACRE SURPLUS CITY PROPERTY IN HUNTINGTON BEACH RECOMMENDATION: Adopt Resolution No. declaring certain real property to be surplus, authorizing its sale and setting out the procedure for its sale. DISCUSSION: Situation. The City of Newport Beach owns a 4.7 acre parcel of surplus real property in the City of Huntington Beach on the east side of Bushard Street, 170 feet southerly of Hamilton Avenue (see attached photograph). The full parcel was acquired March 13, 1922, and was utilized as a water well site for the city's system until establishment of the Big Canyon Reservoir. The water line easement from the property to the city limits was abandoned Sep- tember 25, 1967. All city water facilities have been dismantled and removed, and the property serves no present or future municipal purpose. The city has paid for a quitclaim deed from Pacific Supply Cooperative, an Oregon corporation, releasing all claims to the oil and gas lease Pacific Supply once held on the property. All oil production equipment on the prop- erty has been dismantled and removed in accordance with state and city standards. Sale to Other Public Agencies. Sections 54222 and 54223 of the California Government Code requires that municipally owned surplus real estate be offered to qualified public agencies to purchase at fair market value for park and rec- reational purposes before being offered on the open market. The State of Cal- ifornia, County of Orange, and City of Huntington Beach have expressed no interest to purchase the property. - 2 - Proposed Sale Terms_. These are the principle features of the recommended sale resolution: 1. The minimum bid price is $130,000, or $27,660 per gross acre. The staff has comparable sales data in the area to support this asking price. 2. The sale terms call for cash payment with escrow to be closed thirty days after the bid award. 3. The city makes no representations insofar as zoning approvals are concerned. All improvement and develop - ment burden costs are to be borne by the future purchaser. 4. Bids would be accepted from Friday, October 13, until Friday, November 17. The city retains the right to reject any and all bids. 5. A report of the sealed bidding would be made to the City Council on Monday, November 27. An auction would then be held for qualified bidders. To be considered, the first oral bid must exceed the highest sealed bid by $5,000. Additional oral bids must be in multiples of $1,000 to be acceptable. To be qualified to partici- pate in the public auction, a bidder must have submitted a valid sealed bid together with the necessary deposit. 6. All bids will be on a net - net -net basis and the city assumes no responsibility to pay real estate commissions, recording fees, deed transfer fees, escrow fees, or costs for policy of title insurance. Property taxes would be prorated between buyer and seller to the date of opening of escrow. Adoption of the sale resolution is recommended. -aVp BERT L. WYNN RLW /PFB:sh Attachment ............. pigs i CITY OF NEWPORT BEACH NO Z ( 1972 OFFICE OF THE CITY MANAGER By the CITY COUNCIL November 27, 1972 '' TV Gr VrvRyr --P? VEACH AGENDA ITEM G -1 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: CITY -OWNED 4.7 ACRE SURPLUS REAL PROPERTY AT BUSHARD AND HAMILTON STREETS, HUNTINGTON BEACH, CALIFORNIA RECOMMENDATION That the City Council adopt a resolution rejecting the one bid received and authorizing the staff to obtain new bids. SCUSSION: On November 17, 1972, the City Clerk opened one bid that was received for the Bushard and Hamilton Street property. The one bid received was from Shapell Industries, Inc. and was for $130,000. A cashier's check in the amount of $13,000 was attached to the bid. On January 5, 1972, an appraisal report, prepared by George Hamilton Jones,was submitted to the City Attorney's office giving a range of fair market value of $150,000 to $170,000. It is believed, therefore, that while the one bid received was legal and in proper form the staff believes the amount bid is below the value of the City parcel. During the bid opening a number of prospective bidders raised the question about the application of the permit zone to the subject property. The property is within 1,000 yards of the Santa Ana River. It is the staff's opinion that the Coastal Initiative does not impose a 1,000 yard permit zone along the Santa Ana River. If the Council authorizes the staff to obtain new bids, an opinion will be given by the City Attorney to all prospective bidders that the property is not subject to conditions of the Coastal Initiative. This may help obtain additional bidders. One other comment is that the bid specifications permits a form of auction at the Council meeting following the bid opening date. The eligible people to participate in this auction would be those submitting bids for the property. At this auction any bidder could raise the bid in increments of $1,000. Inasmuch as only one bid was received it would be impractical to conduct this auction permitted in the resolution authorizing the sale of this property. Hopefully, new Page -2- bids can be received and either through the bid procedure or the auction procedure, the City can obtain a price for the property similar to that value contained in the range of fair market value appraisal. The proposed new bid opening date will be Friday, December 29, 1972, at 10:00 A.M. RLW :mm ROBERT L. WYNN �N r RESOLUTION NO. 7 8 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City of Newport Beach holds title to the real property in the City of Huntington Beach which was formerly used for a water well site, hereinafter described; and WHEREAS, it appears that the City has no present or prospective need for said property; and WHEREAS, no qualified public agency (including the State of California, County of Orange, and City of Huntington Beach) has offered to purchase the property at fair market value for park and recreation purposes pursuant to the provisions of Sections 54222 and 54223 of the California Government Code; and WHEREAS, proceeds from the sale of this property would be placed in the City Capital Improvement Fund; and WHEREAS, it would be in the best interest of the City to sell said property under the following terms, procedures and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby FINDS, DETERMINES, RESOLVES AND ORDERS that: SECTION 1. Size - Location. The subject property comprises 4.7 gross acres (more or less) of land located on the east side of Bushard Street, 170 feet (more or less) south of Hamilton Avenue in the City of Huntington Beach, California. The dimensions of the property to the Bushard Street centerline are 495 feet east -west by 440 feet north - south. Said property is shown on the map dated December 16, 1971, designated Drawing No. M- 5146 -L, attached hereto, marked Exhibit "A" and made a part hereof by this reference. SECTION 2. Surplus Property - Legal Description. The property as hereinafter described is surplus, and there is no -1- G2 i A present or prospective need: for same: That portion of the north half of the northwest quarter of the southeast quarter of Section 18, Township 6 South, Range 10 West, in the Rancho Las Bolsas, City of Huntington Beach, County of Orange, State of California, as per map recorded in Book 51, page 14 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: BEGINNING at the intersection of the west line of said northwest quarter with the westerly prolongation of the north line of the land conveyed by H. D. Meyer to the City of Newport Beach by deed recorded August 7, 1923 in Book 481, page 276 of Deeds of said Orange County; thence east 495.00 feet along said prolongation and said north line to the north- east corner of said land; thence south 440.00 feet along the east line of said land to the south line of said north half of the northwest quarter of the southeast quarter; thence west 495.00 feet along said south line to the west line of said northwest quarter; thence north 440.00 feet along said west line to the point of beginning. Except from that portion thereof lying northerly of the southerly 165.00 feet, that portion included within the County road adjacent on the west, as said road existed on March 13, 1922. Said land is shown on a map filed in Book 7, page 37 of Record of Surveys, in the Office of the County Recorder of said County. SECTION 3: Statement of Title. Title Insurance and Trust Company of Santa Ana, California reports that it is prepared to issue, or cause to be issued, in the form of the California Land Title Association Standard Coverage form of Policy of Title Insurance, a policy of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception therein not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. There are no known conditions that would measurably restrict or limit the utility of subject land. A copy of said policy form, marked Exhibit "B ", is attached hereto. SECTION 4. Topography and at an elevation of 6.72± feet. The property is generally flat SECTION 5. Soils. Soils data on the property was prepared by the firm of Evans, Goffman & McCormick of Santa Ana as -2- an aid to prospective bidders in establishing purchase price. The work is that of the engineers,, and the City makes no warranty, either express or implied, relative to the soils conditions and /or drainage characteristics of the subject parcel. SECTION 6. Zoning. The subject property is presently zoned R -1 (Single Family Residence District). The City of Newport Beach makes no representations as to use and development standards which may apply to the property. Such information must be obtained from the City of Huntington Beach. SECTION 7. Sealed Bids. Said property is hereby offered for sale, and bids therefor are invited, beginning Friday, October 13, 1972, under the procedure of sealed bidding and public auction as hereinafter set forth. The minimum acceptable bid shall be $130,000.00. Each bid must be on an official Bidders Proposal Form and submitted to the City of Newport Beach, City Clerk, 3300 Newport Boulevard, Newport Beach, California 92660, by 10:00 a.m., Friday, November 17, 1972. All bids shall be in a sealed envelope clearly marked: "SEALED BID PROPOSAL - BUSHARD AND HAMILTON PROPERTY - HUNTINGTON BEACH." SECTION 8. Deposit. Each bid must be unconditional and without qualifications, and be accompanied by a deposit of cash or a certified or Cashier's check payable to the City of Newport Beach, equal to ten percent (10 %) of the amount bid. This deposit is to guarantee that if the City accepts the sealed bid or an oral bid made at the auction (See Section 10) by a bidder, said bidder will complete the purchase within thirty (30) days in accordance with the bid that was accepted by the City and the terms of this resolution. If qualified sealed bids of equal amounts are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The deposit of the successful bidder shall be applied to the purchase price, and will not be deposited into escrow. Upon acceptance of the successful bid by the City Council, all other deposits -3- shall be returned to the bidders. Failure of the successful bidder to complete the purchase as above required shall result in for- feiture of the deposit to the City. SECTION 9, Opening Bids. The sealed bids shall be opened and publicly announced in the Office of the City Clerk at 10:00 a.m. Friday, November 17, 1972. SECTION 10. Public Auction. At the regular City Council meeting of Monday, November 27, 1972, at 7:30 p.m., the City Clerk shall announce the amount of the highest sealed bid received and the name of the bidder, and the City Manager shall then call for oral bids. To be considered, the first oral bid must exceed the highest sealed bid by $5,000.00. Additional oral bids must be in multiples of $1,000.00 to be acceptable. To be qualified to participate in the public auction, a bidder must have submitted a valid sealed bid, together with the necessary deposit. In conducting the sale, the City Council may waive informalities in bids and may by motion modify the terms of this resolution as deemed necessary to obtain the highest price for the property. SECTION 11. Sale Award. Upon receiving the highest bid obtainable from a qualified bidder, the City Manager shall declare the amount of the highest bid and the name of the bidder. The City Council may then determine whether it wishes to accept or reject the high bid, or the Council may continue the sale until its next regular meeting. SECTION 12. Escrow - Terms. The bidder to whom the property is sold must make full payment therefor to the City within thirty (30) days after the City Council approves the sale. Upon acceptance of the highest and best bid by the Newport Beach City Council, the City shall open an escrow with the Bank of Newport and forthwith deposit into said escrow a properly executed Grant Deed conveying fee title to the property. SECTION 13. Title Insurance. On notice from Title Insurance and Trust Company that it is prepared to issue at Buyer's expense a CLTA Standard Coverage Title Insurance Policy with liability equal to the full purchase price showing title vested in the highest bidder, subject only to the exceptions shown in the preliminary title report, the bidder shall deposit into the escrow the difference between the bid award price and his cash or certified check bid deposit. SECTION 14. Real Estate Commissions - Closing Costs. The buyer shall pay for all recording costs and real property transfer taxes within thirty (30) days after the date the City Council approves the sale. All bids will be on a NET NET NET basis, and the City of Newport Beach assumes no responsibility to pay real estate commissions, recording fees, deed transfer fees, escrow fees or cost of Policy of Title Insurance; these costs should be taken into consideration when submitting bids. SECTION 15. Real Property Taxes. Although owned by the City of Newport Beach, a municipal corporation, this property is not exempt from real property taxes. Said taxes will be prorated between buyer and seller to the date of opening of escrow.. SECTION 16. Inability to Convey. If the property cannot legally be sold by the City, or the City is unable to convey marketable fee title within a reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and any price paid or deposit made by buyer shall be refunded and no liability of the City shall exist or arise from such cancella- tion. SECTION 17. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale, or otherwise, with respect to location, size, zone or utility or interest therein which is sold or offered for sale. SECTION 18. Withdrawal from Sale. The City Council reserves the right to reject any and all bids. SECTION 19. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or -5- location, description, zone and approximate size of the property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional information may be obtained from the City Clerk's office. The notice shall be published once in the official newspaper of the City, and copies of the notice and resolution shall be made available for inspection in the City Clerk's office. SECTION 20. Official Bidders Proposal Form. All bids must be submitted on an official Bidders Proposal Form available for purchase in the City Clerk's office for $10.00. Facsimile copies of the official form are not acceptable. ATTEST: City Clerk ADOPTED this 10th day of October , 1972. Mayor Z-M PFB:mh 9/28/72 1 - CENTEFa SEC. 10-6 -/D 1 -1A1V/L TON ST. 7 /S.O o' N, L /NC 4 •.& 7i ,Le 6.72 Q� �s J° �o a 0 oo' O. to a a m C/ r)" 8C.ecE ,% C /TY Pl90PERTI' of AlV VT /N07.0" C /TY BE•4Cs/ � /vEw %! CITY OF NEWPORT BEACH DRAW" A EAM -T DATE /u p•<. 7/ PUBLIC WORKS DEPARTMENT Amovv>— . - - - c u PROPERTY FOR SALE Ass`rNcirr wANwae#t .4T eujl/1.4RD AND HAMILTON .[ //V llamT1/VG TO /V ®EACH DRAWING NO. IV-51.# t6 'L TI TO 1012 FC (5J2) Col if.mig Land Till. A .... iglion Sland.,d Coverage Polity Form Copyright 1963 POLICY OF TITLE INSURANCE ISSUED BY Title Insurance and Trust Company Title Insurance and Trust Company, a California corporation, herein called the Company, for a valuable Consideration paid for this policy, the number, the effective date, and amount of which are shown in Schedule A, hereby insures the parties named as Insured in Schedule A, the heirs, devisees, personal representatives of such Insured, or if a corporation; its successors by dissolution, merger or consolidation, against loss or damage not exceeding the amount stated in Schedule A, together with Costs, attorneys' fees and expenses which the Company may become obligated to pay as provided in the Conditions and Stipulations hereof, which the Insured shall sustain by reason of; 1. Any defect in or lien or encumbrance on the title to the estate or interest coveted hereby in the land described or referred to in Schedule C, existing at the date hereof, not shown or referred to in Schedule B or excluded from coverage in Schedule B or in the Conditions. and Stipulations; or 2. Unmarkerability of such title; or 3. Any defect in the execution of any mortgage shown in Schedule B securing an indebtedness, the owner of which is named as an Insured in Schedule A, but only insofar as such defect affects the lien or charge of said mortgage upon the estate or interest referred to in this polity; or 4, Priority over said mortgage, at the date hereof, of any lien or encumbrance not .shown or referred to in Schedule B, or excluded from coverage in the Conditions and Stipulations, said mortgage being shown in Schedule B in the order of its priority; all subject, 'however,'to „the,provisfoq ;.of Schedules A; B and C and to the Conditions and Stipulations hereto annexed, - In Witness Wbereof, Title Insurance and Trust Company has caused its corporate name and seal . to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Title Insurance and Trust Company by le. � PRESIDENT Attest � /[�'^ q, , /+ /y SECRE'CARY TO I015-I. AD C ,Sod d canto" W 11 0 An*d°"°" ivaa SCHEDULE A $ 545.00 Effective Amount $175,00n.On Date OCTOBER 9, 1972 AT 2:00 A.M. Policy No. 505859 INe U R N D CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. 1, Title to the estate or interest covered by this policy at the date hereof is vested in: CITY OF ME-192ORT BEACH, A MUNICIPAL CORPORATION. E. The estate or interest in the land described or referred to in Schedule C covered by this policy is a fee. SCHEDULE B This policy does not insure against lose or damage by reason of the following: PART I 1. Taus or assessments which are sot shown as eristing liens by the records of any taring authority that levies taus or assessments an real property or by the public records. 2. Any facts rights, fntwwts, or claims which are not shown by the public records but which could be ascertained by an inspection of mid land or by making inquiry of persons in possession thereof. 3. Fasements, claims of easement or encumbrances which are not shown by the public records. f. Discrepancies, ..conflicts in boundary lines, shortage in area, encroachments, or, any other facts which a correct survey would disclose, and which are not shown by the public remrds. 6. Unpetented mining claims: reservations or e=eptions in patents or in Acts authorizing the issuance thereat: water rights, claims or title to water. To 1012-15 C.tvl. C Cnllf —m land Tills An.O.Oen Aa6d.,d C--ii. PdH,1963 S C H R n U L F., B— (Cbntiniired ) PATTI II 1. GENERAL ANr) SPECIAL TAXES FOR THE FISCAL YEAR 1072 -1973, A LIFPI PIOT YET PAYAFtL!". 2. THE USr A.i1D COF!TP.OL OF CIF!1FGA5 AND P!ATUP,AL STREAMS OF S!ATEp, IF AMY, HATUP,ALLY UPOM, FLOWING ACROSS, INTO OR BY SAID LAND, AND TH7 RIGHT OF !1AY FOP AND TO CONSTRUCT IRRIGATION OR DRAI'9A(7F DITCHES THROUGH ^.1^ I!''r) TO I"^ICATE O°. ')I'A.I'! THE .nnJA.CF. "'T L "p, l3 RFSrP.VED I`1 THE DEED RECORDED IN BOOK. 30, PAGE 220, DEEDS. 3. AN EASEMENT FOR ROADS, RAILROADS MM BITCHES AS RESFRVED IN THE I "5TRI111711T A"rVF= (171 IO:ED, OV P ThIL- NEST 20 FEET OF SAID LAND. Amerkan Laml f9tle Awoclatlon Lean P.11g0970 With ALTA Endowment -'Form I Co rasa: W A,mr,l n Land Title Anaclatlen Owmr'. Palls/ Form &1970 s Calltwnla Land Title ll of tl Standard Covera0e PoIkV -19N SCHEDULE C The land referred to in this policy is described as follows: THAT PORTIO: OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SOUTH - EAST QUARTER OF S7CTIO5 13, TOWNSHIP 6 SOUTH, RANGE 10 WFST, It' THE RANCHO LAS ROLSAS, CITY OF HUNTINGTON PEACH, COUNTY OF ORANGE, STATE OF CALIFORMIA, AS PER MAP RECORDED IN BOOK. 51, PAGE 14, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DFSCP.IBFD AS FOLLOKIS ; Rrr- 111111!'(- AT TH7 INTF.rSFCTT0N OF THE WEST LIPF OF SAID NORTHWFST QUAa,TE: `:IT I T"F UEST=LY PVOLOPGA:TION OF TqC NORTH LINE OF THE LAND CONVEYED BY H. D. MEYER TO THE CITY OF NEWPORT BEACH BY DEED RECORDED AUGUST 7, 1023, IN BOOK 431, PACE 276, OF nEEDS OF SAID ORANGE COUNTY; THENCE EAST 495.00 FEET ALONG SAID PROLONGATIOAI AND SAID NORTH LI4F TO THE NORTHEAST CORNER. OF SAID LAND; THENCE SOUTH 440.00 FEET ALONG THE EAST LINE OF SAID LAND TO THE SOUTH LINE OF SAID NORTH HALF OF THE NORTH'YEST QUARTER OF THE SOUTHEAST QUARTER; THENCE WEST 495.00 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 440.00 FEET ALONG SAID WEST LIME TO THE POINT OF BEGINNING. FACFPT FROM THAT PORTION? THEREOF LYING NORTHERLY OF THE SOUTHERLY 165.00 FEET, THAT PORTION INCLUDED WITHIN THE COUNTY ROAD ADJACENT ON THE WEST, AS SAID ROAD FXISTFD ON MARCH 13, 1922. SAID LAND IS SHOOP ON A MAP FILED IN ROOK 7, PAGE 37, OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CLTA 107.6 (4.10.69) (0-71) ALTA OR STANDARD COVERAGE INDORSEMENT ATTACHED TO POLICY NO. 5 0 5 8 5 9 ISSUED BY Title Insurance and Trust Company The following exclusion from coverage under this policy is added to Paragraph 3 of the Conditions and Stipulations: "Consumer credit protection, truth in lending or similar law." The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. sle:� Title Insurance and Trust Company By �°4 qp-1-7 ~ SECRETARY TO 246 VC co 5, 2 I(D W -g r I � CEN SEC i8 0 IO R ��g t4{�X!44 RD a 0 nR s Nat, I;�gTSi asiG; � I I q I � �n'{t �>� f, et4' q VI �I 9I �i'I 41S m , I .JI ; P � q� I .S; �Z a TIThis is not a survey of the lend but is compiled for G Title Insurance and Trust Company from date shown by tl 1010 I -a 94 0.00 2 EET ie so' rmation by the official records. FORM 169 RESOURCES AGENCY OF CALIFORNIA DEPARTMENT OF CONSERVATION DIVISION OF OIL AND GAS REPORT OF WELL ABANDONMENT _ 830 North La Brea, _Inglewood 90302_ ......... California October 3. 1972 PAC IFIC_S�JPDI,��QQgE�jy$ —_ -- 3225 Ocean Blvd -9 2rona_dg1 Mat_ BA 92fi25 -- DEAR SIR: Your report of abandonment of Well No -------- _'_Cty_of_a9rx1__7 __�QgQ_- QQgzgl_ Sec._-- 1 @ - - - -, T. - - - -6 . - - -, R ---- L0x_, _- s_iL_B. & M., -------- Id$st_N&wpDrt-- --------- - ---- field, -------- Orange dated ---- s- ep- t. -_1Z,- _-197 received ---- Sept- -_28r- -19,72, has been examined in conjunction with records filed in this office. A review of the reports and records shows that the requirements of this Division, which are based on all information filed with it, have been fulfilled.. ADS :rk cc Headquarters Production Dept. Conservation Comm, Orange Co. Dept of Bldg & Safety Dept of Oilfield Control JoHm F. MATrmEws, JR. BLANKET BOND State Oil and Car SupervWr By_. - Deputy Superotaor NOO 0:11 M 04, CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "land ": the land . described, specific- ally or by reference, in Schedule C and improvements affixed thereto which by law constitute real property; (b) "public records ": those records which impart constructive notice of matters relating to said land; (c) 'knowledge"; actual knowledge, not constructive knowledge or notice whith may be imputed to the Insured by reason of any public records; (d) 'dote": the effective date; (e) "mortgage'', mortgage, deed of trust, trust decd, or other security instrument; and (f) "insured ": the party or parties named as Snsurrd, and if the owner of the in- debtedness secured by a mortgage shown in Schedule B is named as -an Insured in Schedule A, the Insured shall .include (1) each successor in interest in ownership of such indebtedness, (:2) any such owner who acquires the estate or interest referred to in this policy, by foreclosure, trustee's sale. or other legal manner in satisfaction of said indebtedness, and (3) any federal agency or instrumentality which is an im surer or guarantor under an insurance con- tract or guaranty insuring or .guaranteeing' said indebtedness, or any part thereof, whether named as an insured herein or not, subject otherwise to the provisions hereof. 2, BENEFITS AFTER ACQUISITION OF TITLE If an insured owner of the indebtedness secured by a mortgage described in Sched- ule B acquires said estate or interest, or any part thereof, by foreclosure, trustee's sale, or other legal manner in satisfaction of said indebtedness, or any part thereof, or if a federal agency or instrumentality acquires said estate or interest, or any part thereof, as a consequence of an insurance contract or guaranty insuring or guarantee ing the indebtedness ;secured by a mortgage covered by this policy, or any part thereof, this policy shall continue in force in favor of such Insured, agency or insnumentanly, subject to all of the conditions and stipula. tioas hereof. 3, EXCLUSIONS FROM THE COVERAGE OF THIS POLICY This policy does not insure against loss or damage by reasons of the following: (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting . the occupancy, use or enjoyment of the land, or regulating the character, dimensions, or location of any improvement now or hereafter erected on said land, or prohibiting a separation in ownership or a reduction in the dimensions . oc area of any lot nr parcel of land. (h) Governmental rights of police power or eminent domain unless notice of the exercise of such rights appears in the public records at the date hereof. (c) Tide to any property heyond the lines of the land expressly described in Schvdrlr C, or title m streets, roads, ivi nuns, hmrs, way's or wntcrw.iys on %hith such land abuts, or the tight ut maintain therein vaults, tunnels, r:nnps or any other structure or improsrmenr, of any rights or easements therein unless this puliry specific ally provides that such property. rights or easements are mwred, except that if the land ihots upon one oc more physically open srrcels or highways this polity insurer the ordinary rights of abutting mvners for access err one of such srrrets or highways. unless . otherwise exicpted oc ixeluded herein. (d) Defects, liens, encumbrances, adrrNo' claims against the title as insured or other matters ( I I created, suffered, assumed or agreed to by the Insured claiming loss or damage; or (2) known to the Insured Claimant either at the date of this policy or at the date such Insured Claimant ac- quired an estate or interest insured by this policy and not shown by the public records. unless disclo,,,u the- eof in writing by the Insured shall have been made to the Com- pany prior to the date of this policy: or O resulting in no loss to the Insured Claim- ant; or (4) attaching or created subsequent tv the date hereof. (e) Loss or damage which would not have been sustained if the Insured were a purchaser or encumbrancer for value with- out knowledge. 4. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY THE INSURED (a) The Company, at its own cost and without undue delay shall provide (1) for the defense of the Insured in all litigation consisting of actions or proceedings com- menced against the Insured, or defenses, restraining orders, or injunctions interposed against a foreclosure or sale of the mort. gage and indebtedness covered by this policy or a sale of the estate or interest in said land; or (2) for such action as may be appropriate to establish the title of the estate or interest or the lien of the lams gage as insured, which litigation or action in any of such events is founded upon an alleged defect, lien or encumbrance in- sated against by this olicy, and may pur- sue any litigation to final determination in the court of last resort. (b) In case any such action or proceed- ing shall be begun, or defense interposed, or in case knowledge shall come to the In sured of any claim of title or interest which is adverse to the title of the estate or in- terest or lien of the mortgage as insured, or which might cause loss or damage for which the Company shall or may be liable by virtue of this polity, or if the Insured shall in good fairh contract to sell the in debtedness secured by a mortgage covered by this policy, or, if an Insured in good faith leases or contracts to sell, lease or mortgage the same, or if the successful bidder at a foreclosure sale under a mort- gage covered by this policy refuses to put. chase and in any such event the title to said estate or interest is rejected as un- marketable. the Insured shall notify the Company thereof in writing. If such notice shall not he gfvi-n nr the Company within ten days of the receipt of prrt-s or plead- ings or if the Insured shall not in writing: pnnnplly warily the Comp.my of :my di- fen. lien or enr•umbiance insured against which shall come fo the knowledge of the Insured, or if the Insured shall not, in writing. promptly notify the Company of any such rejection by reason of claimed on marketability of title, then all liability of the Company in regard to the subject matter of such action proceeding or matter shall lease grid terminate; provided, howl ver. that failure to notify shall in no case pcejndice the claim of any Insured unless the Company shall he acurally prejudiced by such failure and then only to the r :etrnt of such pri polio. (c) The Company shall have thr right at its own lost to institute and prosecute any action or proceeding or du any other act which in its. opinion may be necessary or desirable to establish the title of the estate or interest or the lien of the mort- gage as insured; and the Company may rake any appropriate action under the terms of this policy whether or not it shall be Gable thereunder and shall not thereby concede liability or waive any provision of this policy. (d) In all loo rs wlierr this policy per- nits or requires the Company nt prosecute or provide for the drfi nse of any action or proceeding. the Insetted shall secure to it the right m set pnsecutr or provide de Tense in such action or proceeding, and all appeals therein, and permit it to use; at its option, the name of the Insured for such purpose. Whenever requested by the Com- pany the Insured shall give the Company all reasonable aid in any such action or proceeding, in effecting senlrmint, securing evidence, obtaining witnesses, or piosecu ting or defending such action or proceed- ing, and the Company shall reimburse the Insured for any expense .set incurred. 5. NOTICE OF LOSS — LIMITATION OF ACTION In addition to the notices required unifier paragraph 4(b), a statement in writing of any loss or damage for which it is claimed the Company is liable .under this policy shall be furnished to the Company within sixty days after such loss or damage shall have been determined, and no right of action shall accrue to the Insured under this policy until thirty days after such statement shall have been furnished, and no recovery shall be had by the Insured under this policy unless action shall be commenced thereon within five years after expiration of said thirty day period. Failure to furnish such statement of loss nr damage, or to commence such action within the time herembefore specified, shall be a con- clusive bar against maintenance by the In- sured of any action under this polity, b. OPTION TO PAY, SETTLE OR COMPRO- MISE CLAIMS The Company shall have the option to pay or .settle or compromise for or in the name of the Insured any claim insured against or to pay the full amount of this policy, or, in case loss is claimed under this policy by the owner of the indibt-dnr,s secured by a mortgage noverrd by this polity, the Company shall have the notion it) purthise said indebtedoesss; such pur ih5sr, paynunt or trndrr of payment of ILoojilimiu and Stipuluhons Continue) and Concludrif on Lost Page of This Policy) 4 CONDITIONS AND STIPULATIONS (Continued and Concluded From Reverse Side of Policy Face) the full amount of this policy, together with all costs. attorneys fees and expenses which the Company is obligated hereunder to pay, shall terminate all liability of the Company hereunder. In the event; after notice of claim has been given to the Com. pany by the Insured, the Company offers to purchase said indebtedness; the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon payment of the purchase price. 7. PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed. in all, the actual loss of the Insured and costs and attorneys fees which the Company may be obligated hereunder to pay. (b) The Company will pay, in addition to any loss insured against by this policy, All costs imposed upon the Insured in liti- gation carried on by the Company for the Insured, and all costs and attorneys' fees in litigation carried on by the Insured with the written authorization of the Company. (c) No claim for damages shall arise of be maintainable under this policy (1) if the Company, after having received notice of an alleged defect, lien or encumbrance not excepted or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice. at (2) for liability voluntarily assumed by the Insured in settling any claim of suit without written consent of the Company, at (.3) in the event the title is tejected as .unmarketable because of a defect, lien or encumbrance not excepted of excluded in this policy, . until there has been a final determination by a court of competent jutis- dicrion sustaining such rejection. (d) All payments under this policy, ex. cept payments made for costs, attorneys' fees and expenses, shall reduce the amount . of the insurance pro tanto and no payment shall be made without producing this policy for endorsement of such payment unless the policy be lost of destroyed, in which case proof of such loss at destruction shall be furnished to the satisfaction of the Com- pany; provided, however, if the owner of an indebtedness secured by a mortgage shown in Schedule B is an Insured herein then such pavments shall not reduce pro tanto the amount of the .insurance afforded hereunder as to such Insured, except to the extent that such payments reduce the amount of the indebtedness secured by such mott- gage. Payment in full by any person of voluntary satisfaction of release by the In- sured of a mortgage coveted by this policy shall terminate all liability of the Company to the insured owner of the indebtedness secured by such mortgage, except as pro- vided in paragraph 2 .hereof. (e) When liability has been definitely fixed in accordance with the conditions of this policy the loss of damage shall be pay able within thirty days thereafter. B. LIABILITY NONCUMULATIVE It is expressly undetsmod that the amount of this policy is reduced by any amount the Company may pay under any policy insuring the validity of priority of any mortgage shown or referred to in Schedule B hereof of any mortgage here .after executed by the Insured which is a charge of lien on the estate or inretest . described or referred to in Schedule A, and the amount so paid shall be deemed a pay- ment to the Insured under this policy. The provisions of this paragraph numbered 8 shall not apply to an Insured owner of an indebtedness secured by a mortgage shown in Schedule B unless such Insured acquires title to said estate or interest in satisfaction of said indebtedness of any part thereof. 9. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy. all fight of sub• rogation shall vest in the Company on. affected by any act of the Insured, and it shall be subtogated to and be entitled to all rights and remedies which the Insured. would have had against any person or piop- etry in respect to such claim had this polity not been issued. If the payment does not cover the loss of the Insured, the Company shall be subtogated to such tights and remedies in the proportion which said pay, ment bears to the amount of said loss. If loss should result from any act of the In suted. such act shall not void this policy. but the Comp:my. in that event, shall be required to pay only that parr of any, losses insured against hereunder which shall ex. teed the amount, if any, lost to the Com- pany by reason of the impairment of the right of subrogation. The Insured, if re. quested by the Company, shall transfer to the Company all rights and remedies against any person or property necessaty in order to perfect such tight of subrogation, and shall permit the Company to use the name of the Insured in any transaction or litigation involving such tights or remedies. If the insured is the owner of the in- debtedness secured by a mortgage covered by this policy, such Insured may release at substitute the personal liability of any debtor of guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the mortgage, or release any col- lateral security for the indebtedness, pro- vided such act does not result in any loss of priority of the lien of the mortgage. 10. POLICY ENTIRE CONTRACT Any action or actions or tights of action that the Insured may Have or may bring against .the Company arising nut of the status of the lien of the mortgage covered by this policy of the title of the estate at interest insured herein must be based on the provisions of this policy. No provision or condition of this polity can be waived or changed except by writing endorsed hereon or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Sectetary or other validating officer of the Company. 11. NOTICES, . WHERE SENT All notices required to be given the Com- pany and any statement in writing required to be furnished the Company shall be ad- dressed to it at the office which issued this policy of to its Home Office, 433 South Spring Street, Los Angeles, California 90051. 12. THE PREMIUM SPECIFIED IN SCHEDULE A 15 THE ENTIRE CHARGE FOR TITLE SEARCH, TITLE EXAMINATION AND TITLE INSURANCE. TI Title Insurance and Trust Company