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WHEN RECORDED MAIL TO: o• /73S•-�•
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attention: CITY CLERKS OFFICE
MAIL TAX STATEMENTS TO ADDRESS ABOVE
(Space above line for Recorder's use)
CITY OF
IJEYIi'CRT BF}1i;ti,
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S �}
L i 77
Ii. •JL�Y Lt:
CITY
DOCUMENTARY TRANSFER TAX $ Exempt
( ) Computed on the consideration or
value of property conveyed; or
( ) Computed on the consideration or
value less liens and encumbrances
remaining at time of sale.
( ) Unincorporated area:
G R A N T D E E D
(X) City of
Newport Beach
FOR VALUABLE CONSIDERATION, the receipt and suffi-
ciency of which is hereby acknowledged, The Irvine Company,
a Michigan corporation (hereinafter the "Grantor "), grants
to the City of Newport Beach, a California municipal corpo-
ration (hereinafter the "Grantee "), a power to terminate the
interest of Grantor in that certain parcel of real property
described on Exhibit A attached hereto by metes and bounds
(the "Subject Property "), exercisable upon and subject to
the following terms and conditions:
RKB7 =L:07 07 -16 -85
I. The power of termination can only be exercised upon the
occurrence of one of the following conditions subsequent:
A. Subject to delays caused by acts of
God, local or federal requirements and pro-
cesses, lawsuits by third parties, and other
circumstances beyond the reasonable control of
Grantor (including, without limitation, earth-
quakes, the existence of active or potentially
active faults, unavailability or scarcity of
materials, equipment or labor, or unanticipated
grading and site preparation requirements), in
the event that Grantor fails diligently to com-
plete the grading of the Subject Property
(which was commenced in March 1985 and is cur-
rently anticipated to be completed by'
December 31, 1985), thereafter to apply for and
thereafter obtain a building permit or permits
to construct at least fifty (50) but not more
than ninety -eight (98) units of rental housing
on the Subject Property (permit application
currently anticipated by February 1, 1986), and
thereafter to complete construction of those
improvements (completion currently anticipated
by February 1, 1987); or,
RKB7 -'L:07 2 07 -16-85
B. In the event that, following com-
pletion of construction of at least fifty (50)
but not more than ninety -eight (98) units of
rental housing on the Subject Property and
issuance of Certificates of Occupancy therefor,
and thereafter for a period of ten (10) years
from the date on which the first twenty -six
(26) of the rental units are occupied by Lower
Income Families, as that term is herein
defined, Grantor fails (other than because such
units are rendered unoccupiable by act of God
or other circumstances beyond the reasonable
control of Grantor) to make fifty (50) of those
rental units available for occupancy (as pro-
vided in Section 4.A (8) of the North Ford
v
Development Agreement entered into by and
between Grantor and Grantee on April 22, 1985)
by Lower Income Families and at Restricted
Rents, as those terms are herein defined. As
used herein, the term "Lower Income Families"
shall mean an individual or individuals, or
families, whose income does not exceed eighty
percent (8'0 %) of the most current median income
in the Anaheim -Santa Ana PMSA published by the
RKB7 -L:07 3 07- 16 -8'5
United States Department of Housing and Urban
Development ( "HUD ") () for one- bedroom units,
as if occupied by two - person families, in the
case of those Lower Income Families occupying
one- bedroom units, and (ii) for two - bedroom
units, as if occupied by four person families,
in the case of those Lower Income Families
occupying two - bedroom units. As used herein,
the term "Restricted Rents" shall mean that
figure which may be adjusted from time to time
by Grantor in accordance with the following
formula: [(annual income published by HUD x
.30)/12], in which the phrase "annual income
published by HUD" shall mean the income figures
for the Anaheim -Santa Ana PMSA which are regu-
..
larly published by HUD for lower income
one - bedroom units, as if occupied by two - person
families, and two - bedroom units, as if occupied
by four- person families.
II. This power of termination shall be SUBJECT TO the fol-
lowing terms and conditions:
1. Nothing herein shall be interpreted to pro-
hibit occupancy of any one - bedroom unit constructed on the
RKB7 -L:07 4 07 -16 -85
Subject Property by fewer than a two - person household or of
any two - bedroom unit constructed on the Subject Property by
fewer than a four - person household.
2. Grantee agrees that upon written request of
Grantor following satisfaction of those conditions specified
in I.A and I.B above, Grantee will record a quitclaim deed
in a form which is customary at such time and is acceptable
at such time to the Orange County Recorder, in which Grantee
shall release and forever quitclaim any interest it holds in
the Subject Property.
3. Nothing herein shall be interpreted to
restrict the use or occupancy of any units which may be con-
structed on the Subject Property in excess of the fifty (50)
units to be made available for occupancy by Lower Income
Families as specified in I.B above.
4. The conditions specified in I.A and B above
shall also be considered covenants of Grantor. Grantee may,
in addition to the power to terminate the estate of Grantor
as provided herein, seek any remedy available at law or in
equity for Grantor's breach thereof including, without limi-
tation, the right to seek specific performance or enjoin the
continuance of the breach of any such covenants or restric-
tions on use. It is specifically understood that any of the
foregoing remedies may be employed at the option of Grantee,
RKB7 -L:07 5 07 -16 -85
�J
and the failure of Grantee to employ any such remedies shall
not be a waiver of the right to employ such remedies upon
the continuance of any such occurrences or any subsequent
occurrence.
5. Notwithstanding anything in the foregoing to
the contrary, a breach of any of the foregoing conditions,
covenants or restrictions on use shall not defeat or render
invalid the lien of a mortgage or deed of trust on the Sub-
ject Property made in good faith and for value in excess of
twenty -five thousand dollars ($25,000.00) and recorded prior
to Grantee's exercise of any remedy hereunder. It is fur-
ther expressly agreed that Grantee's power of termination
granted herein shall be subordinate to the rights of all
present and subsequent bona fide construction, permanent
take -out, or refinancing lenders, secured by a then first
priority mortgage or deed of trust, providing construction
or permanent financing in excess of twenty -five thousand
dollars ($25,000.00) and meeting the following conditions,
and that upon exercise of the power of termination,
Grantee's estate in the Subject Property shall be subject
and subordinate to the rights of all such present and subse-
quent bona fide secured lenders:
(a) the principal amount of any such loan
secured by the Subject Property shall not exceed one hundred
RKB7 -L:07 6 07 -16 -85
0
and ten percent (110 %) of (i) the cost of improvements made,
and of reasonably anticipated improvements to be made, to
the Subject Property, including costs of grading and of
off -site improvements required to bring public and private
utilities to the Subject Property, to provide vehicular
access to the Subject Property, and to control and divert
drainage from the Subject Property, and (ii) all financing
related costs, including without limitation the costs of
issuance of any bonds or notes, accrued or deferred inter-
est, and developer's management fee;
(b) in the case of any construction loan,
the terms of that loan require that the proceeds shall be
used only for the purpose of expenditures incurred in con-
nection with financing improvements to (including without
limitation accrued or deferred interest, bond or note issu-
ance costs, and developer's management fee) and with improv-
ing the Subject Property, including grading,
pre - construction expenses, and expenses incurred for
off -site improvements to serve the Subject Property;
(c) the loan(s) shall not bear interest,
exclusive of late charges and penalties or fees payable in
case of default, in excess of the rate prevailing at the
time of the loan(s) for loans for comparable purposes made
by other institutional lenders in Orange County, nor require
RKB7 -L:07 7 07 -16 -85
0
an origination or similar fee in excess of ten (10) points;
and,
(d) the loan is made by a bank, savings and
loan association, building and loan association, bond under-
writer, life insurance company or correspondent thereof,
governmental entity, or other institutional lender.
Upon request of Grantor, Grantee agrees to execute
an estoppel letter or similar written and binding acknowl-
edgment at the time of the making of any such loan acknowl-
edging that the power of termination is and shall be
subordinate thereto.
In the event'that Grantee exercises the power of
termination granted herein, Grantee shall upon request meet
and confer with any lender having a security interest in the
Subject Property for purposes of identifying an appropriate
v
professional management service to take over management
responsibilities for the Subject Property.
Grantee hereby requests that a copy of any Notice
of Default and of any Notice of Sale under any such prior
mortgage or deed of trust be sent to it, attention City
Attorney, and reserves the right to cure any noticed
default.
6. In the event Grantee determines that Grantor,
its successors or assigns has violated any restriction or
RKB7 -L:07 8 07 -16 -85
covenant contained herein, Grantee shall promptly send writ-
ten notice of such violation to Grantor, attention Treasur-
er, its successors or assigns, and to any secured lender to
whom the power of termination is subordinated. Grantor, its
successors or assigns shall have sixty (60) days from
receipt of such notice to commence curing any noticed vio-
lation, or to seek a judicial determination by way of an
action for declaratory relief that Grantor is not in vio-
lation hereof, before Grantee may commence any action to
enforce any restrictions or covenant contained herein,
including any action to terminate Grantor's estate in the
Subject Property. In the event and only in the event that
Grantor, its successors and assigns do not commence cor-
rection of any noticed violation within sixty (60) days
after the later to occur of M receipt of such notice or'
(ii) entry of a final declaratory judgment that Grantor is
in violation hereof, Grantee may commence an action at law
or in equity to compel compliance with such restrictions or
covenants and exercise its power of termination. Grantee
hereby covenants on behalf of itself and any successors in
interest herein and in the Subject Property that, in the
event Grantee exercises its power of termination hereunder,
Grantee and its successors and assigns thereafter shall
reconvey title to the Subject Property to Grantor by quit-
RKB7 =L:07 9
07 -16 -85
I. t.
0
claim deed, subject only to the same conditions, restric-
tions, exceptions to title as may have existed at the time
of exercise of the power of termination, upon (i) the expi-
ration of the ten (10) year period specified in condition
I.B for fifty (50) of the rental units to be available for
occupancy by Lower Income Families plus the time from the
Notice of violation to the exercise of the power of termi-
nation, and (ii) the tender to Grantee, or its successors or
assigns, of an amount equal to all costs, plus interest
thereon at the rate of 10% per annum, incurred by Grantee,
or its successors or assigns related to the exercise of the
power of termination and ownership, operation and mainte-
nance of the Subject Property, which costs are in excess of
revenues received by Grantee, or its successors or assigns,
from the Subject Property.
r.
7. Grantor and Grantee acknowledge that any
funds paid by Grantee to Grantor for the purpose of this
power of termination will have been received by Grantee from
HUD and that such HUD funding is conditioned upon compliance
by Grantor and Grantee with statutes and regulations
restricting the uses of such funds. In the event that prior
to satisfaction of Conditions I.A and B above, HUD requires
repayment of funds utilized by Grantee to acquire this power
of termination, Grantor will refund to Grantee any funds it
RKB7 -L; 07 10
07 -16 -85
has received from Grantee that are so required by HUD to be
refunded and Grantee will execute a quitclaim deed in a form
which is customary at such time and is acceptable at such
time to the Orange County Recorder, in which Grantee shall
release and forever quitclaim.any interest it holds in the
Subject Property to Grantor. Grantee further acknowledges
that Grantor has granted this power of termination to
Grantee on the material assumption that the proceeds from
the sale of the "Unit Priced Apartment Development Revenue
Bonds, Issue I of 1985 (The Irvine Company)" (the "Bonds ")
will be loaned to Company to finance construction of
improvements to the Subject Property pursuant to and in sat-
isfaction of Section I.A. In the event that the pendency
of, or any final judgment in, that case entitled Ortiz v.
City of Newport Beach, et al., and filed in Orange County
Superior Court as Case No. 46 17 97, or any similar case,
prevents Grantor from obtaining that construction loan and
expending all construction costs within three (3) years of
June 1, 1985, the date of the sale of the Bonds, then
Grantor may similarly refund to Grantee any funds it has
received from Grantee, plus penalties that are legally
required by HUD to be assessed, in which event the foregoing
obligations of Grantee to quitclaim its interest in the Sub-
ject Property back to Grantor shall also apply.
RKB7 -L:07
11
07 -16 -85
E
8. Grantor and Grantee understand and acknowl-
edge that the Subject Property is described herein by a
metes and bounds legal description, that the Subject Prop-
erty is a part of a larger parcel of land that has been ten-
tatively approved for subdivision in accordance with Tenta-
tive Tract Map No. 12309, that the Subject Property is
intended to correspond with Lot No. 3 of Final Tract
No. 12309 when that Final Tract Map is approved and
recorded, and that the metes and bounds description herein
may not correspond exactly with Lot No. 3 of the Final Tract
Map for Tentative Tract No. 12309. Therefore, Grantor and
Grantee agree that upon Grantee's approval of the Final Map
for Tentative Tract No. 12309 and its recordation, the power
of termination shall apply to Lot No. 3 of that Final Map
only , notwithstanding the metes and bounds description
attached hereto.
9. Grantor and Grantee recognize the reasonable-
ness of the foregoing covenants, conditions and restrictions
on use, which recognition and covenants, conditions and
restrictions shall be binding on Grantor's and Grantee's
respective successors and assigns (excluding, however, any
owner of the Subject Property, or any portion thereof, who
was a bona fide secured lender to which the power of termi-
nation was subordinated by operation of paragraph 11.5 above
RKB7 -L:07 12 07 -16 -85
and whose title thereto was acquired through foreclosure,
trustee's sale or otherwise, following a default under the
terms of such superior loan secured by the Subject Property
and notice and opportunity to cure to Grantee, and any owner
whose title was assigned or derived from such a bona fide
secured lender, in which event such owner and successor own-
ers shall not be bound by the foregoing covenants, condi-
tions and restrictions). Notwithstanding anything herein to
the contrary, Grantee agrees not to assign, sell or transfer
this power of termination to any person or entity without
first obtaining Grantors prior written approval, and then
only to a federal or municipal agency, corporation or enti-
ty.
10. If any term, provision, condition or covenant
of this Deed or the application thereof to any party or cir-
cumstances shall, to any extent, be held invalid or unen-
forceable, the remainder of this Deed or the application of
such term, provision, condition or covenant to persons or
circumstances other than those as to whom or which it is
held invalid or unenforceable shall not be affected thereby,
RKB7 -L:07 13 07 -16 -85
and each term and provision of this Deed shall be valid and
enforceable to the
fullest extent permitted by law.
DATED: July 17, 1985
THE IRVINE COMPANY,
a Michigan corporation
By
_ 1 _
Executive s
ce Die..: _ .. _ / APA.
STATE OF CALIFORNIA, )
Orange } SS.
f counCOUNTY Oran
of i
l On this A day of , in the year M S6 , fore me the undersigned a
Notary Public in and for aid tate, personally appeed w-ztw ,- known
ar
to me to be the Mayor of the City of Newport Beach and r?u�, known to
me to be the City Clerk of the City of Newport Beach and known to me t e the persons
who executed the within instrument on behalf of said governmental agency, and
acknowledged to me that such governmental agency executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
fn�
DOROTHY L. PALEN
NOTARY PUBLIC - CALiFORN1A
M14CIPAL OFFICE IN
ORANGE COUNTY
Notary Pu is in and for said State. Mr Commission ESP. Apr. 5, 1989
COUNTY
On this 'day 0
Notary Ic in an p r . in the year befo
saffd State, pers na
Person311 V and ap _ ed
be the, persons v to me (or proved to me on the basiWte
executed the within instrument as
and acknowle ed to me respectively, on behalf of c
g, at the corporation executed it,
i7ITNESS my hand .-A _er, .
m� the undersigned, a
0
therein named
0""CIAL SEAL
YICN) LYNN PINING
1 NOTAPV PUBLIC CXIF0ft&
PRINCIPAL OF;;0F in
ORANGE Ct7UNrV
My Commiss,p, "WaS DOC. 15.. 1987
6-85
8/29/84
LEGAL DESCRIPTION
A PORTION OF BLOCK 57 OF IRVINE'S SUBDIVISION AS SHOWN ON THE MAP FILED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT COURSE HAVING A BEARING OF
SOUTH 24020'09" WEST AND A DISTANCE OF 83.56 FEET AS DESCRIBED IN THE DEED TO
THE STATE OF CALIFORNIA RECORDED IN BOOK 12289, PAGE 1726 OF OFFICIAL RECORDS
(THE BEARING OF SAID COURSE FOR THE PURPOSE OF THIS DESCRIPTION SHALL BE
SOUTH 24019'59" WEST; THENCE ALONG SAID COURSE SOUTH 24019'59" WEST, 83.56;
THENCE CONTINUING ALONG THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED
SOUTH 1043'12" WEST, 447.12 FEET; THENCE LEAVING SAID WESTERLY LINE NORTH
88016'48" WEST, 105.00 FEET TO THE BEGINNING OF NON- TANGENT CURVE CONCAVE
NORTHERLY; THENCE WESTERLY ALONG SAID CURBE HAVING A RADIUS OF 720.00 FEET, A
RADIAL LINE TO SAID BEGINNING BEARS SOUTH 4009134" EAST, THROUGH A CENTRAL
ANGLE OF 10059'56 ", AN ARC DISTANCE OF 138.22 FEET; THENCE NON- TANGENT NORTH
1043'12" EAST, 439.52 FEET; THENCE NORTH 88016148" WEST 36.87 FEET; THENCE
NORTH 1043'12" EAST, 224.00 FEET; THENCE NORTH 88016'48" WEST, 8.00 FEET;
THENCE NORTH 1043112" EAST, 263.00 FEET TO.THE BEGINNING OF A NON- TANGENT
CURVE CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE HAVING A RADIUS
OF 670.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 7012'04" WEST,
THROUGH A CENTRAL. ANGLE OF 8027'04 ", AN ARC DISTANCE OF 98.82 FEET; THENCE
SOUTH 89012'00" EAST, 73.87 FEET TO THE BEGINNING OF.A TANGENT CURVE CONCAVE
SOUTHWESTERLY; THENCE EASTERLY AND SOUTHEASTERLY ALONG SAID CURVE HAVING A
RADIUS OF 90.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 0048'00"
EAST, THROUGH A CENTRAL ANGLE OF 44024'55 ", AN ARC DISTANCE OF 69.77 FEET TO
A POINT OF REVERSE CURVE CONCAVE NORTHERLY, SAID CURVE BEING TANGENT AT ITS
NORTHERLY TERMINUS TO THE WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED;
THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE
HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
45012'55" WEST, THROUGH A CENTRAL ANGLE OF 133029'43 ", AN ARC DISTANCE OF
116.50 FEET TO SAID POINT OF TANGENCY AND SAID WESTERLY LINE; THENCE ALONG
SAID WESTERLY LINE SOUTH 1043'12" WEST, 422.96 FEET TO THE POINT OF BEGINNING.
CONTAINING 5.95 ACRES, MORE OR LESS.
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Order -No. 59777 -5
Exrxef nwrrrenp ,av++ oa
Escrow No.2204 -2a
Loan No.. CYamRrero,AprlEapq,�
rnr w"Oa. 9:M
WHEN RECORDED MAIL TO
City of Newport Beach
P. O. Box 1768
Newport Beach, CA 92658 -8915
,� rR,aa�fr TINA! �v•.
MAIL TAX STATEMENTS TO:
Same as above
36G—
!r
E- ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $.` t` ............ ...............................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
salle...
L7 �K.UJ
Signalfure of De(larant or Agent detHmining tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Theodore L. FessendQ4/and Salome T. Fessended�) / husband and wi
11-49- -Aeod-
hereby GRANTS) to
The City of Newport Beach
SAY CITY OF "<"/ ,
NEWPORT BCACH, '
CALIF.
i S E�]P RECEIVED
11"15
RECEIVED `.
CI TY 1
"I F 'r
C" _..ir�
\ the real property in the City of Newport Beach
\ County of Orange State of California, described as
i\
Lot 13 and the :Northeasterly 3.57 feet of Lot 14 in Block 140,
Canal Section Newport Beach, as shown on a Map recorded. in
Book 4, Page 98, of Miscellaneous Maps, in the office of the
County Recorder of said County.
Dated July 2, 1965
I
`
STATE OF CALIFORNIA Iss:
COUNTY OF LOS ANGELES
JULY 9th, 1985
before me, the undersigned, a Notary Public in and for said State, per-
' sonaily appeared
_T}��d Le T�endeinY ti1d
• Salome T. FessendeW 7 ;0-
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the oersonls) whose name(s)'is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed
the same.
WITNESS my hand and official seal.
Signature _
Theodore L. Fessend 7 r.-
Salome T. FessendW- 1;f..
_ O FILIAL AL
�,,;_ f �i KY HII J! 6FUI GANIA
.�,,.� % LOS a �GELES COUNTY
ty COmmiss r Erpues t11ar. 28, 1@88
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (6/82)
RECORDING REQUESTED BY
TfTCASUOR
OS RECOONO
OF ORANGE COUNTY. CALIFORNIA
SURVEY
MON. NO
.34±5 PM AUG 5'85
FEE
C FF- IVI P �. 1
— 1 u-' RECORDER
E- ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX $.` t` ............ ...............................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
salle...
L7 �K.UJ
Signalfure of De(larant or Agent detHmining tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Theodore L. FessendQ4/and Salome T. Fessended�) / husband and wi
11-49- -Aeod-
hereby GRANTS) to
The City of Newport Beach
SAY CITY OF "<"/ ,
NEWPORT BCACH, '
CALIF.
i S E�]P RECEIVED
11"15
RECEIVED `.
CI TY 1
"I F 'r
C" _..ir�
\ the real property in the City of Newport Beach
\ County of Orange State of California, described as
i\
Lot 13 and the :Northeasterly 3.57 feet of Lot 14 in Block 140,
Canal Section Newport Beach, as shown on a Map recorded. in
Book 4, Page 98, of Miscellaneous Maps, in the office of the
County Recorder of said County.
Dated July 2, 1965
I
`
STATE OF CALIFORNIA Iss:
COUNTY OF LOS ANGELES
JULY 9th, 1985
before me, the undersigned, a Notary Public in and for said State, per-
' sonaily appeared
_T}��d Le T�endeinY ti1d
• Salome T. FessendeW 7 ;0-
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the oersonls) whose name(s)'is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed
the same.
WITNESS my hand and official seal.
Signature _
Theodore L. Fessend 7 r.-
Salome T. FessendW- 1;f..
_ O FILIAL AL
�,,;_ f �i KY HII J! 6FUI GANIA
.�,,.� % LOS a �GELES COUNTY
ty COmmiss r Erpues t11ar. 28, 1@88
(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (6/82)
r
r'
,f
85- 4289375
This is to certify that the interest in real property conveyed by the
deed or grant dated July 2, 1985
Theodore L. and Salome T. Fessenden
from
to the City of Newport Beach, a municipal corporation, is hereby accepted
by order of the City Council on the 22nd day of July ,
19 85 , and the grantee consents to recordation thereof by its duly
authorized officer.
Dated:
i
i�
Newport of /
Order No. 60511 -.5 _., „n,�• �,
Escrow No. 2220 -2
Loan No
rA” 70 e ++!!
n i a �?
LifYl .L ski'!
WHEN RECORDED MAIL TO:
City of Newport Beach
1
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65- 372742
-- 1
'i 'T
AP)RDING REO JESTED By
CHICAGO FIRE iNS. CO.
RECORDED IN OFFX ;AI_ -'E.UUPDS
OF ORANGE COUNTY (,ALIFGRNIA
"1105 AM SEP 3 0 '85
,o �. • jQ t;VUnrr
�i�- RECOtIOLR
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $ ................. ...............................
As shown above ...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale. . /!
� r
Signature of 0"larant or Agent determining tax -Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Terry A. Mc Kelvey and Aida 0. Mc Kelvey, husband and wife
hereby GRANT(S) to
CITY OF NEWPORT BEACH
.y the real property in the City of Newport Beach
-) County of Orange State of California, described as
The Northwesterly 30 feet of Lots 21r 22 and 23 in Block 134
r of Lake Tractr as shown on a map recorded in Book 4r Page
13 of Miscellaneous Mapsrin the office of the County Recorder
of said County.
A
August 5r 1985
I
STATE OF CALIFORNIA Iss.
COUNTY OF— ORANGE__ 1
On August 27, 1985
' before me; the undersigned, a Notary Public in and for said State, per-
Terry A. Mc _ Ke_lvey and
.Aida U. Mc Kelvey
' CITY OF ,
HP611PuR? Oi RA
OCT 181985 '> C
WINED
CITY CUM(
personally known to me (or proved to me on the basis of satisfactory "!•
OFFICIAL SEA
evidence) to be the personis) whose name(s) is /are subscribed to the t f -.. 4 } SHE�RyL q 1
within instrument and acknowledged to me that he /she /they executed '• i'_�j� rIOTARY Filer; �f� LEE
Q FglftCl1 A; CFFICFFOR,yU
the same. F �' -t �ryaa/ O.gtf IN ely C'
WITNESS my hand and official seal. ` "v'c "•aaa;,y.'a'gm I), 79gq
i c
IT area for offwi.i rirnfryp
Signature
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (6/82)
. 85-372742
This is to certify that the interest in real property conveyed by the
deed or grant dated August 5, 1985 from
Tarry A. McKelvey and Aido 0. McKelvey
to the City of Newport Beach, a municipal corporation, is day of herebyx cciepted;�d;
,�X
,
by order of the City Council on the 12th August V
; ":
19 85 , and the grantee consents to recordation thereof by its
authorized officer
Dated
September 13, 1985
I
0
By:
City Clerk of the City
of Newport Beach
September 10, 1984
BY THE CITY COUNCIL CITY COUNCI AGENDA
CITY OF NEWPORT BEACH ITEM No.-
SEP 101984
TO: CITY COUNCIL Rt q _ I OL a,�, ` PjL
FROM: Utilities Director �'�fl—
'71
SUBJECT : XATIOW DF PROPERTY FROM SEVENTH IER MAINTENANCE DISTRICT
RECOMMENDATION:
Adopt a Resolution requesting that the Orange County Board of
Supervisors withdraw certain properties from the Seventh Sewer
Maintenance District.
DISCUSSION:
Attached is a map showing certain properties in the City of
Newport Beach (sometimes called the Koll Development Site) that are
recommended to be deannexed from the Seventh Sewer Maintenance District.
Originally the Sewer Maintenance District was established by the County
Sanitation District to provide local sewer service to a portion of Sanita-
tion District No. 7. The City of Newport Beach now maintains all of the
local sewer within the area and the area should be excluded from the
Seventh Sewer Maintenance District.
A similar request has been made to the Board of Supervisors by
the County Sanitation District of Orange County.
The cost of maintaining the local sewer by the City will be
paid for by collecting the City's Sewer Use Charge.
,,Joseph T;,.
IUti 1 i tie's
JTD :hh
Attachment
Devli in
Director
I�
/ NEW PO
EXHIBIT
DEANNEXATION NO. 4 (REVISED)
FROM THE 7TH SEWER MAINTENANCE DISTRICT
(PORTION OF CITY OF NEWPORT BEACH ANNEXATION NO.73
SCALE I" =1000' COLLINS ANNEXATION AND ANNEXATION NO. 52)
02-1
Oenda Item No, F -2(a)
RESOLUTION NO. SL4 - (OS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO WITHDRAW FROM THE
SEVENTH SEWER MAINTENANCE DISTRICT, CERTAIN
PARCELS OF LAND
WHEREAS, certain portions of the Seventh Sewer
Maintenance District, described hereinafter, are located and
included within the boundaries of the City of Newport Beach; and
WHEREAS, it is in the best interests of the City of
Newport Beach and the residents of such portions that sewer
maintenance services may be provided therein by the City of
Newport Beach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
Section 1. That certain territory, consisting of
portions of the Seventh Sewer Maintenance District located and
included within the City of Newport Beach and more particularly
described in Exhibit "A," hereby is declared to be and is
withdrawn from the Seventh Sewer Maintenance District pursuant to
Section 4926 of the Health and Safety Code of California.
Section 2. The withdrawal of said territory shall be
effective upon the filing of copies of this Resolution with the
State Board of Equalization, the County Assessor of the County of
Orange, and the Board of Supervisors of the County of Orange,
which is the governing body of said District.
Section 3. Pursuant to the Revenue and Taxation Code
Section 99(b), this City Council does hereby determine that any
property tax revenue derived from area described in Exhibit "A,"
and allocated to the Seventh Sewer Maintenance District shall be
transferred to the City of Newport Beach.
ADOPTED this 10iF day of S2pt • , 1984.
ATTEST:
W•'RAaa('o
City Cle
RSB /7thSewer
t . k8rf
Mayor
0 0
September 10, 1984
t�5_)J / 73
BY THE CITY COUNCIL CITY COUNCI AGENDA
CITY OF NEWPORT BEACH ITEM NO.'
SEE 101964
TO: CITY COUNCIL R4 , Qq - l p� Q CLI
FROM: Utilities Director D
SUBJECT::, DEANNEXATION Of PROPERTY'FROM. SEVENTH SEWER MAINTENANCE DISTRICT
RECOMMENDATION:
Adopt a Resolution requesting that the Orange County Board of
Supervisors withdraw certain properties from the Seventh Sewer
Maintenance District.
DISCUSSION:
Attached is a map showing certain properties in the City of
Newport Beach (sometimes called the Koll Development Site) that are
recommended to be deannexed from the Seventh Sewer Maintenance District.
Originally the Sewer Maintenance District was established by the County
Sanitation District to provide local sewer service to a portion of Sanita-
tion District No. 7. The City of Newport Beach now maintains all of the
local sewer within the area and the area should be excluded from the
Seventh Sewer Maintenance District.
A similar request has been made to the Board of Supervisors by
the County Sanitation District of Orange County.
The cost of, maintaining the local. � _gwer by the City will be
paid for'by collecting the City's Sewer Use Charge.
/100seph Devlin
�0Utilitres Director
JTD:hh
Attachment
Oenda Item No. F -2(a)
RESOLUTION NO. 84 - 1 05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO WITHDRAW FROM THE
SEVENTH SEWER MAINTENANCE DISTRICT, CERTAIN
PARCELS OF LAND
WHEREAS, certain portions of the Seventh Sewer
Maintenance District, described hereinafter, are located and
included within the boundaries of the City of Newport Beach; and
WHEREAS, it is in the best interests of the City of
Newport Beach and the residents of such portions that sewer
maintenance services may be provided therein by the City of
Newport Beach.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach as follows:
Section 1. That certain territory, consisting of
portions of the Seventh Sewer Maintenance District located and
included within the City of Newport Beach and more particularly
described in Exhibit "A," hereby is declared to be and is
withdrawn from the Seventh Sewer Maintenance District pursuant to
Section 4926 of the Health and Safety Code of California.
Section 2. The withdrawal of said territory shall be
effective upon the filing of copies of this Resolution with the
State Board of Equalization, the County Assessor of the County of
Orange, and the Board of Supervisors of the County of Orange,
which is the governing body of said District.
Section 3. Pursuant to the Revenue and Taxation Code
Section 99(b), this City Council does hereby determine that any
property tax revenue derived from area described in Exhibit "A,"
and allocated to the Seventh Sewer Maintenance District shall be
transferred to the City of Newport Beach.
ADOPTED this day of SEP10 , 1984.
Mayor
ATTEST:
City Clerk
-: RSB /7thSewer
SCALE I "= 1000
EXHIBIT 'Al
. DEANNEXATION NO. 4 (REVISED)
FROM THE 7TH SEWER MAINTENANCE DISTRICT -
(PORTION OF CITY OF NEWPORT BEACH ANNEXATION N0 -73
COLLINS ANNEXATION AND ANNEXATION NO.52)
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RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
November 15, 1983
On motion of Supervisor Riley, duly seconded and carried, the
following Resolution was adopted:
WHEREAS, pursuant to the provisions of Division 1, Part 6, Chapter
8 of the Revenue and Taxation Code, the City of Newport Beach has sub-
mitted an "agreement;" dated November 15, 1983, to purchase the property
described therein as Tax Collector's Sale No. 1291, for the amount set
forth on Exhibit "A" attached to said "agreement "; and
WHEREAS, the County Tax Collector, by a letter dated November 3,
1983, has requested and recommended that this Board approved said
"agreement ", and
WHEREAS, in accordance with Revenue and Taxation Code Section 3798.1
it is the judgment of this Board that the property to be sold will bring
II less at auction than the cost of publication in the newspaper of the
�I notice of agreement;
NOW, THEREFORE, BE IT RESOLVED that this Board approves the "agree-
ment" by and between the County of Orange and the City of Newport Beach
dated November 15, 1983, to purchase the above- described property, and
the Clerk of the Board is authorize to execute said "agreement" on behalf
of the Board of Supervisors.
BE IT FURTHER RESOLVED that notice of the intended sale of said
property shall be given by posting rather than by publication as provided
for by Revenue and Taxation Code Sections 3798 and 3798.1.
Resolution No. 83 -1696
Tax Collector's Sale Agreement
No. 1291
DJD:lw 1,
1 _BE IT FURTHER RESOLVED that the Clerk of this Board return five (5)
2 executed copies of said "agreement" to the County Tax Collector for
3 transmittal to the California State Controller's Office for action in
q accordance with Revenue and Taxation Code Sections 3795 and 3796.
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18 AYES: SUPERVISORS THOMAS F. RILEY, BRUCE NESTANDE, HARRIETT M. WIEDER,
19 RALPH B. CLARK, AND ROGER R. STANTON
20 NOES:, SUPERVISORS NONE
21 ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA
22 ss.
23 COUNTY OF ORANGE )
I, JUNE ALEXANDER, Clerk of the Board of Supervisors of Orange County, California,)
24 hereby certify that the above and foregoing Resolution was duly and regularly adopted by
the said Board at a regular meeting thereof held on the j F;tb day of Novemh -r
25 1983 , and passed by a j,nanimcins vote of said oC ard.
G 26 IN WITNESS WHEREOF, .1 have hereunto set my hand and seal thisl6th day of
28 V JUNE ALEXAI DER
LL Clerk of the Board of Supervisors
® of Orange County, California
2.
I
1 Purchase by City that is
2 a Revenue District
i
4 A G R E E M E N T
5 AGREEMENT FOR THE PURCHASE BY A CITY OF THE STATE'S TITLE TO TAY. DEEDED
PROPERTY AS PROVIDED BY DIVISION I, PART 6,.CHAPTER 8, OF THE CALIFORNIA
6 REVENUE AND TAXATION CODE. 'r
7 THIS AGREEMENT, ,made the �11 day of
8 19 _L, by and between the Board of Supervisors of the County of Orange,
9 State of California, and the City of Newport Beach
10 (hereinafter referred to as CITY), a municipal corporation in the State of
11 California, subject to the approval of the California State Controller,
12 pursuant to the provisions of Division I, Part 6, Chapter 8 of the Calif-
.
13 ornia Revenue and Taxation Code,
14 W I T N E S S E T H;
3; 15 WHEREAS, there is situated in CITY that certain property described
.0 16 in Exhibit "A ", attached hereto and made a part hereof, which has been
_z 1
300 17 deeded to the State of California for delinquent taxes; and
lg
WHEREAS, said delinquent taxes include taxes levied by CITY which
19 are collected on behalf of CITY by the Orange County Tax Collector; and
20
WHEREAS, CITY needs the property described in Exhibit "A" attached
21 hereto and made a part hereof for public street and highway
22 purposes and intends to devote the property to said purposes within 10
23 years from the data this Agreement becomes effective;
24 NOW, THEREFORE, it is hereby mutually agreed as follows:
25 1. That the Board of Supervisors of the County of Orange agrees toy
i
c 26 sell and CITY agrees to buy all or any portion of the property described
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in Exhibit "A" attached hereto and made a part hereof which shall not
have been redeemed as provided in the California Revenue and Taxation
Code, upon payment by CITY to the Orange County Tax Collector of the
sum set forth in said Exhibit, after the description "PURCHASE PRICE,"
within 10 days after this Agreement becomes effective.
2. That for 10 years following the date upon which this Agreement
becomes effective, CITY will not offer said property for sale.
3. That within 10 years from the date this Agreement becomes
effective CITY will either devote said property to public street and
highway purposes or reconvey the property to the State of
California as provided for in paragraph 4 herein.
4. That in the event CITY fails to devote said property to public
street and highway purposes within 10 years after this Agreement becomes
effective, or CITY desires to divest itself of said property within said
10 year period, CITY will execute a deed to the State of California re-
conveying to the State all the right, title and interest of the State
in the property which CITY obtained by the deed executed by the Orange
County Tax Collector pursuant to this Agreement.. Thereafter, such
property shall be held as tax - deeded property by the State.
5. That a breach of the conditions described in paragraphs 2, 3,
and 4 of this Agreement shall cause said property to revert to the State
i
of California which shall have the right of immediate re -entry upon said
i
property, to be exercised by its agent the Orange County Tax Collector,
in the event of any such breach.
6. That in the event title to the property revests in the State
of California as provided for in paragraphs 4 or 5 herein, CITY will not
be entitled to a refund of the "PURCHASE PRICE" paid pursuant to this
Agreement.
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7. That as provided by Section 3808 of the California Revenue and
Taxation Code, CITY will not share in distribution of the "PURCHASE PRI
paid pursuant to this Agreement to the Orange County Tax Collector.
S. That as provided in Section 3800 of the California Revenue and
Taxation Code, the cost of giving notice of this Agreement shall be paid
by CITY.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their duly authorized officers.
AT7,ST :
4 k.
JUNE ALEXANDER
Clerk of the Board of Supervisors
of Orange County, California
M
ATTEST:_ CITY OF NEWPORT BEACH
a municipal corporation
City Clerk
- Mayor
APPROVED AS TO FORM:
�2J4
Assistant City Attor
APPROVED this 2nd
1984
TY
day of February ,
KENNET C RY S TF. CONTROLLER
By
iw%Lam ueyuly � t upuwier Local Government
This Agreement was submitted to me before execution by the Board of
ISupervisors and I have compared the same with the records of the County
relating to the real property described therein.
ROBERT L. CITRON
County Tax Collector- Treasurer
BY vLC a� 2
Deputy
3.
' • E X H I B I T "A" •
First Year Sale Purchase
Description Delinquent Number Price
AP 045 - 063 -03 TRA 07 -001 1976 234553 $100
Tr No 772 That por of Lot 22,B1k
24 desc as fol: Beg at the SWly
corner of sd Lot 22; th N 340 21'
57" E alg the Nally In of sd Lot 22,
a distance of 6.00 ft to the beg
of a tangent curve, concave NEly
having a radius of 6.00 ft, the SWly
and Sly alg sd curve, thru an angle
of 900 01' 22" a distance of 9.43
ft to a line tangent, sd line tang-
ent being the SWly line of sd Lot
22: th N 550 39' 25" W alg sd SWly
line, a distance of 6.00 ft to the
pt of beg.
AP 425 - 252 -02 (formerly: AP 1976 267575 $125
117 - 762 -02) TRA 07 -076
Irvine Subdivision That por of Lot
169, Blk 2, lying SWly of the SEly
prolongation of Lot A of Tr No 5783,
lying NEly and Nally of the land desc
in the dd to the City of Newport
Beach rec June 27, 1962 in Bk 6159,
Pg 464 of OR of Orange County.
4.
J
RECORDING REQUESTED BY AND
WHEN RECDRDED MAIL TD AND
MAIL TAX. STATEMENT TO:
r
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663 -3884
84- 249884
ErAEUPT
C13
LAttn: City Clerk City 01ark J
THIS BUSINESS OF THE (
THE COUNTY OF o�I6�J/'�`
ORANGE AND ENTITLED T0. FREE Rub
CORDED IN OF =ICIAL RECORDS /I
OF GRANGE COUNTY. CALiFJ11NIA v
.891 AM JUN 18 "84
�l C( Y�•,n+..�i r.F.CORDFy
Ewnuell
045- 063 -03
RECORDING UNDER SECTION 6103.
OF THE GOVERNMENT CODE.
THIS INDENTURE made the 15th day of June 19 84
between ROBERT L. CITRON, Tax Collector of the County of Orange, State of California, first party, and
The City of Newport Beach second party, witnesseth:
THAT WHEREAS, the real property hereinafter described was duly sold and conveyed to the State of California for the
non - payment of taxes which had been legally levied and which were a lien upon said property; and ^_
WHEREAS, in conformity with the provisions of Division 1, Part 6, Chapter 8, Article 2 c the A
Code of the State of California, by agreement therein authorized, first party agreed to sell to secon afty and L��TYn _
agreed to purchase from first party the land hereinafter described; i. ". NFWDn_ QF
NOW, THEREFORE, the said first party in consideration of the premises and in accorda ce with the Iaywj�f�� ",11
made and provided, does hereby grant to the second party, for the sum of �lf
ONE HUNDRED DOLLARS Ac.�g 1989® % that .. certain real. property hereinbefore referred to, and situate in the County of Orange, State of Gal orr� icularll
described as follows, to wit: C A
Located within the City of Newport Beach \�
That portion of Lot 22, Block 24 in Tract No. 772 as per map
recorded in Book 23 Pages 5 and 6 of Miscellaneous Maps,
records of Orange County described as follows: Beginning at
the Southwesterly corner of said Lot 22; thence North 34° 21'
57" East along the Northwesterly line of said Lot 22, a
distance of 6.00 feet to the beginning of a tangent curve,
concave Northeasterly having a radius of 6.00 feet, thence
Southwesterly and Southerly along said curve, through an angle
of 901 01' 22" a distance of 9.43 feet to a line tangent, said
line tangent being the Southwesterly line of said Lot 22; thence
North 550 39' 25" West along said Southwesterly line, a distance
of 6.00 feet to the point of beginning.
This conveyance is made and accepted upon the following express: conditions:
I. That within 10 years from June 15, 1984 CITY will either devote said property to
public street and highway purposes or reconvey the property to the State of California;
2, That CITY will not offer the property for sale at any time during the ten -year period prescribed in I above;
3. That in the event CITY fails to devote said property to public street and highway
purposes within the ten -year period prescribed in I above, or CITY desires to divest itself of said property within said ten -year
period, CITY will execute a deed to the State of California reconveying to the State all the right, title and interest of the State
in the property which CITY obtained by this Deed. Thereafter, such property shall be held as tax - deeded property by the State'.
Provided, that a breach of any of the foregoing conditions shall cause said property to revert to the State of California and the
State of California shall have the right of immediate reentry upon said property, to be exercised by and through its agent the
Orange County Tax Collector, in the event of any such breach.
IN WITNESS WHEREOF, said first party has hereunto set his hand the day and year first above written.
//
Tax Collector - Treasurer of the County
of Orange; State of California
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
on this 15th day of June 119 84 , before me, LEE A. BRANCH,
County Clerk of the County of Orange, and ex-officio Clerk of the Superior Court of the State of California in and for the
County of Orange, personally appeared ROBERT L. CITRON, known to me to be the Tax Collector of said County of Orange,
whose name is subscribed to the annexed instrument and acknowledged to me that he executed the same as such Tax Collector.
(SEAL)
LEE A. BRANCH
County Clerk of said County and
ex-officio Clerk of the said Superior Court
MAIL TAX STATEMENTS AS DMECTER 9.21M Deputy
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PARCEL NUMBERS BOOK45 PAGE 06
SHOWN /!V -"P ;r
CLES -r1JA'Ti' OF OR,41VGE
84 -2498 /
FkECOROING REQUESTED BY AND RECORDED IN OFFICIAL RECORDS
WHEN RECORDED MAIL TO AND OF C19ANOE COU . i Y. CALIFORNIA
MAIL TAX STATEMENT TO:
r , .825 AM JUN 18 '84
City of Newport Beach
33130 Newport Blvd. EXEM a cap w
'Newport Beach, CA 92663 -3884 r13
J
Attn: City Clerk - A.P. No. 425- 252 -02
L
THIS DOCUMENT 15OFFICIAL
CIIYC11e1k xrt J (formerly 117 - 762 -02)
BUSINESS OF THE COUNTY OF Deed
b
ORANGE AND ENTITLED TO FREE / W AAA -
RECORDING UNDER SECTION 6103 LL LLiiv��
OF THE GOVERNMENT CODE.
THIS INDENTURE made the 15th day of June 19 84
between ROBERT L. CITRON, Tax Collector of the County of Orange, State of California, first party, and
the City of Newport Beach second party, witnesseth:
THAT WHEREAS, the real property hereinafter described was duly sold and conveyed to the State of California for the
non - payment of taxes which had been legally levied and which were a lien upon said property; and s I-) 1
WHEREAS, in conformity with the provisions of Division 1, Part 6, Chapter 8, Article 2 of e- Revenue Tax o
Code of the State
agreed to purchase from first rparty the land hereinafter after describeded, first party agreed to sell to second party fir¢ [ kry pa ty, J
NOW, THEREFORE, the said first party in consideration of the premises and in accordance wit fY!fii� 1�v n such caseL
made and provided, does hereby grant to the second party, for the sum of a ��
31
r. 98,?
ONE HUNDRED TWENTY FIVE DOLLARS
that certain real property hereinbefore referred to, and situate in the County of Orange, State of Cal ifornta 'moTe p3tttculat ,
described as follows, to wit: ri 4'�`�
Located within the City of Newport Beach
That portion of Lot 169, Block 2 in Irvine Subdivision as per map
recorded in Book 1 Page 88 of Miscellaneous Maps, records of
Orange County lying Southwesterly of the Southeasterly prolongation
of Lot A of Tract No. 5783, lying Northeasterly and Northwesterly
of the land described in deed to the City of Newport Beach
recorded June 27, 1962 in Book 6159, Page 464 of Official Records
of Orange County.
This conveyance is made and accepted upon the following express conditions:
1. That within 10 years from June 15, 1984 CITY will either devote said property to
public street and highway purposes or reconvey the property to the State of California;
2. That CITY will not offer the property for Sale at any time during the ten -year period prescribed in I above:
3. That in the event CITY fails to devote said property to public street and highway
purposes within the tenyear period prescribed in 1 above, or CITY desires to divest itself of said property within said ten -year
period, CITY will execute a deed to the State of California reconveying to the State all the right, title and interest of the State
in the property which CITY obtained by this Deed. Thereafter, such property shall be held as tax-deeded property by the State:
Provided, that a breach of any of the foregoing conditions shall cause said property to revert to the State of California and the
State of California shall have the right of immediate reentry upon said property, to be exercised by and through its agent the
Orange County Tax Collector, in the event of any such breach.
IN WITNESS WHEREOF, said first party has hereunto set his hand the day and year first above written..
Tax Collector- Treasurer of the Cou'ly
of Orange, State of California
STATE OF CALIFORNIA I �a
COUNTY OF ORANGE ss.
on this 15th day of June '19 84 before me, LEE A. BRANCH,
County Clerk of the County of Orange, and ex-officio Clerk of the Superior Court of the State of California in and for the
County of Orange, personally appeared ROBERT L. CITRON, known to me to be the Tax Collector of said County of Orange.
whose name is subscribed to the annexed instrument and acknowledged to me that he executed the same as such Tax Collector.
(SEAL) ,
LEE A. BRANCH
County Clerk of said County and
ex- officio Clerk of the said Superior Court
4 ?A1L TAX STATEUUM AS D:RECM ABOW
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BOOK PAGE 25
COUNTY OF ORANGE
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MEMORANDUM
OFFICE OF THE CITY ATTORNEY
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
T1
Agenda Item No. F-2
April 9, 1984
To: Hon. Mayor and Members of the City Council
From: Robert D. Gabriele - Assistant City Attorney
Re: Resolution to Authorize Acceptance of a Grant Deed to
Real Property Currently Used as an Access Road to the
Mariners Mile Municipal Parking Lot
DISCUSSION
In connection with the construction of the Mariners Mile
Municipal Parking Lot, the City entered into a Right of Entry
Agreement with Margaret E. McKinley Oser, the owner of a small
parcel of property to the side and above the parking lot. As a
result of the Right of Entry Agreement, the City used the small
parcel owned by Mrs. Oser, as an access road to facilitate
construction. By so doing, certain permanent improvements were
made to the parcel which contribute to its continuing value and
benefit to the City.
Pursuant to the Right of Entry Agreement, the City was required
to negotiate payment for the purchase of the property based upon
fair market value. During negotiations, Mrs. Oser communicated a
willingness to convey the property to the City, as a gift. The
only consideration requested was that the City refrain from
making any objection to Mrs. Oser's appraisal of the property.
City Staff has already communicated, in writing, to Mrs. Oser's
satisfaction, that the City has no objection to her appraisal of
the property.
RECOMMENDATION
Therefore, it is recommended that the
lution No. , authorizing and
to accept the Grant Deed and have same
Countv Recorder.
RDG /dt
MEB /Oser
.Z-
0
City Council adopt Reso-
directing the City Manager
recorded by the Orange
obert D. Gabriele
RESOLUTION NO. 8 4 - 2 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER
TO ACCEPT A GRANT DEED CONVEYING FEE INTEREST
IN REAL PROPERTY AND DIRECTING THE CITY CLERK
TO RECORD SAID GRANT DEED
WHEREAS, Section 27281 of the California Government
Code provides that a political corporation or governmental agency
may, by resolution, authorize an officer to accept and consent to
the recordation of deeds or grants conveying an interest in real
estate to a political corporation or governmental agency for
public purposes; and
WHEREAS, pursuant to a Right of Entry Agreement, a copy
of which is attached hereto as Exhibit "A," entered into on March
12, 1982, by the City of Newport Beach and Margaret E. McKinley
Oser, City was granted the right to use real property described
on Exhibit "B" attached to said Agreement, as an access road to a
Municipal parking lot commonly known as the Mariners Mile
Municipal Parking Lot; and
WHEREAS, pursuant to said Agreement, City made
permanent improvements to Oser's Property, to wit, a sewer line,
retaining wall and pavement, all of which render Oser's Property
usable and valuable as a permanent access road to the Mariners
Mile Municipal Parking Lot; and
WHEREAS, in the pursuit of purchasing Oser's Property,
agreed to make a gift of Oser's Property to the City, so long as
it continues to be used solely for public purposes;
3
9
0 9
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the City Manager be and hereby is
directed to execute a Certificate of Acceptance on behalf of the
City of Newport Beach, for the Oser Property conveyed by Grant
Deed from Margaret E. McKinley Oser dated February 21, 1984, to
the City of Newport Beach.
BE IT FURTHER RESOLVED that the City Clerk be and
hereby is directed to record said Grant Deed with the Orange
County Recorder.
ATTEST:
City Clerk
RSB /Oser
ADOPTED this day of APR 09 ,'`1984.
2
Mayor
RIGHT -OF -ENTRY AGREEMENT
THIS AGREEMENT, made this /2 day of, 1982, by
and between MARGARET E. MC KINLEY OSER, individually and as
Trustee of the MARGARET E. OSER Trust established October 11,
1977, (hereinafter "OWNER "), and THE CITY OF NEWPORT BEACH, a
Municipal Corporation, (hereinafter "CITY ") is made with
reference to the following facts, the materiality and existance
of which is stipulated and agreed by the parties:
A. "CITY" has undertaken to construct a municipal
parking lot on a one -acre parcel of property east of Tustin
Avenue and north of Pacific Coast Highway;
B. "CITY ", in furtherance of this project, has
purchased from "OWNER" certain real property which fronts on
Tustin Avenue and which will serve as access to the proposed
municipal parking lot;
C. "CITY ", as a condition of its purchase of the pro-
perty fronting on Tustin Avenue, has agreed to construct certain
improvements for the benefit of property, located on Cliff Drive,
and held by "OWNER ", said improvements to include the construc-
tion of a sewer line from the boundary of the Cliff Drive proper-
EXHIBIT A
5-
• •
ty to Tustin Avenue, as well as a retaining wall along the
southerly boundary of the Cliff Drive property, all as set forth
in the Real Estate Purchase Agreement, a copy of which is attach-
ed hereto as Exhibit "A" and incorporated herein by reference;
D. "CITY" has called for and received bids for the
construction of the municipal lot, and access thereto, and will
be awarding the contract on or about March 8, 1982;
E. The improvements to be constructed by "CITY" for
the benefit of "OWNER" were to be installed during the construc-
tion of the municipal lot and access road thereto and this con-
struction will commence on or about March 22, 1982; and
F. In order to construct these improvements, "CITY"
must obtain the permission of "OWNER" to enter on certain real
property, the legal description of which property is set forth in
two documents, attached hereto as Exhibits "B" and "C" and incor-
porated herein by reference and hereinafter described as the
"PROPERTY ";
G. It is the intent of the parties, by execution of
this Agreement, to allow "CITY" to enter onto the property for
purposes of constructing public improvements in conjunction with
the construction of the municipal parking lot and access road
thereto; and
2
H. It is the further intent of the parties to this
agreement that the consent of "OWNER" as set forth herein shall
not constitute a waiver, in any way, or to any extent, of the
right to compensation for such property, or any of the activities
which occur thereon, or of any remedy authorized by law to secure
payment therefor.
NOW, THEREFORE, THE PARTIES AGREE as follows:
1. "OWNER" grants to "CITY ", and the employees,
agents, representatives and contractors thereof, to enter onto
the property, to construct public improvements thereon and to
engage in construction activities thereon.
2. "CITY ", in consideration of the permission of
"OWNER" as set forth herein shall construct the improvements for
the benefit of "OWNER" as previously agreed during the construc-
tion activities that are authorized by this agreement.
3. It is expressly understood that the permission of
"OWNER ", as set forth herein, does not constitute a waiver, in
any way, of any right to compensation for such property, or the
construction activities thereon or any waiver of any remedy
authorized by law to secure payment therefor;
4. Permission of "OWNER" as set forth herein is grant-
ed with the understanding that "CITY" will continue to negotiate
with "OWNER ", and any other person, if any there be having any
9
7
right, title or interest in said property, to agree upon terms of
compensation for the purchase of that portion of property
described on Exhibit "A ", as well as compensation for the con-
struction activities which will occur on that portion of property
described in Exhibit "B ". "CITY" further agrees to promptly
commence emminent domain proceedings to have such compensation
determined in the event that the parties hereto cannot reach an
agreement.
5. The term of this agreement, with respect to the
construction activities and right -of -entry granted hereby, shall
be for a term of one year, or upon the conclusion of construction
activities, whichever shall first occur.
6. It is understood that "CITY" will pay to "OWNER ",
interest at the legal rate of seven percent (78) per annum, from
the date of this agreement, computed on the final compensation
for the property, as well as the construction activities
authorized hereby.
J
y
Executed the day and year first above written.
"CITY"
CITY OF NEWPORT BEACH
By:
Robert L. Wynn
City Manager
"OWNER"
' / 7 1'1'U67U/ 1 ✓ / /- /)s,.1i /' 1�/o
MargaX,kt E. McRinley Oser,Tr tee
Of Margaret E. Oser Trus ,
Estii6lished October 11, 1977
(subject to the terms of Rider "A ")
APPROVED AS TO FORM
Robert H. Burnham }y� ry✓I
Assistant City Attorney
Attorney for City of Newport Beach
Aubrey W. Bogle
Paul, Hastings, Janofsky & Walker
Attorney for Owner
h
MARINERS MILE PARMNG LOT
ACCESS ROAD
PROPERTY TO BE PURCHASEO FP,OIM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of California, as per map recorded in
Book 29, Pages 31, 32, 33, and 34 of Miscellaneous Maps, Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot .20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous i•iaps, Records of said Orange
County; thence South 610 00' 30" East 57.10 feet
along the southeasterly prolongation of the north-
easterly line of said Lot 20 to the northwesterly
lire of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John Jay Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 390 43' 30" East 21.84 feet along said north -
uesterly line and along the northwesterly line of the
land as described in Parcel 1 in the deed to the City
of Newport Beach, recorded in Book 11293, Page 786 of
said Official Records to a line.• parallel tirith and 21.46
feet northeasterly,measured at right angles, from said
southeasterly prolongation of the northeasterly line
OF Lot 20; tra=nce fdorth 610 00' 30" I•lest 37.74 feet
along said parallel line; thence South 760 30' 15"
Felt 31.77 feet,more or less,to the Point of
3eginning.
Ares: :'.i.$5 sq. ft.
Re c. _. City of 'd e:;nrt Beach Drawing No.
IN:
j_
/0 EXHIBIT "A"
MARINERS MILE PARKING LOT
ACCESS ROAD
TEMPORARY CONSTRUCTIO` EASEMENT TO BE OBTAINEO FROM OSER
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of Newport
Beach, County of Orange, State of C•:.lifornia, as per map recorded in
Book 29, Pages 31, 32, 33, and 34 of Miscellaneous Maps,.Records of
said Orange County, described as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Wiscellaneous flaps; Records of said Orange
County; thence North 3o0 43' 30" East 42.20 feet along
the southeasterly line of Lot 21, said Tract 1133, to
a line parallel with and 41.46 feet northeasterly,
measured at right angles, from the southeasterly pro-
longation of the northeasterly line of said Lot 20;
thence South. 610 00' 30" East 57.10 feet along said
parallel line to the northwesterly line of the land as
described in Parcel 1 in the deed to the City of
Newport Beach recorded in Boot; 11293, Page 786 of
Official Eecar�ds of said County; thence South
390 43' 30" hest 20.36 feet along said north:resterly
ling to a lire parallel with and 21.46 feet northeast -
erly measure.:' at right angles, from the soot #rcasterly
prolong•sticn of the northeasterly line of Lot 20 of
said Tract 1133; thence North 610 00' 30" Nest 37.74
'eet along last said parallel line; thence South
74-0 30' 15" i;est 31.77 feet,more or less,to the Point
of Beginning.
rnv.. %1 sq. ft.
city Of i;:„port Beach hraaing No.
IM:jd
EXHIBIT "B"
i 6
1 12—
4y-121-111 -!p
t
PC[. /
761,
PC4 2
O.o 9055/G93
5710'
S
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tt
-t
�, c, ,� C;,(..
� / R J
j,..
�/. �:J v�Ti/ rf �-
, as
� �r
(%:
.r ,iJ •'J
n>f:.._
_� _.
1. ., .] a •'r / � � rJ/ �/' ;i/
tt �.. :_� . -
M
RIDER "A"
•
The execution of this Right -of -- -Entry Agreement
by Mrs. Margaret E. Oser is subject to the attachment hereto
and incorporation herein of an Indemnification Agreement
properly executed by the City of Newport Beach.
13
RIDER B
s
The City of Newport Beach shall indemnify, defend and
hold harmless Margaret E. Oser and the Oser Family Trust from
and /or against any claims, loss, damage or injury that may arise
i
from, or in any way relate to, the activities of the City of
Newport Beach or any of its employees, representatives, agents or
contractors who are authorized, or carried on, by virtue of the
Right -Of- Entry Agreement, dated March 12, 1982.
APPROVED AS TO FORM
IJn
City Attorney
14
Evelyn Hart
Mayor Pro Tem
Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL. TAX STATEMENTS TO:
DOCUMENTARY TRANSFER TAX $ :................ ...............................
...... Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of Declarant or Agent determining tax - Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Margaret E. McKinley
Oser, Trustee of the Margaret E. Oser Trust, Established October 11, 1977,
hereby GRANT(S) to the City of Newport Beach, California, as long as the real
property is used for any public purpose,
the real property in the City of Newport Beach
County of Orange
State of California, describedMxK
in Appendix A. In the event said real property is used for any nonpublic
purpose, title thereto shall revert to Grantor.
Gated___— February 21. 1984
I
STATE OF CALIF RNiA )as.
COUNTY OF�.range .. )
On J ;� 7 . MA --- -
before me, the undersigned, a Notary Public in and for said State, per -
sonally. appeared.__ Margaret E. MCKinle.y
0ser
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is /are subscribed to the
within Instrument and acknowledged to me that he /she /they executed
the same.
WITNESS my hand and official seal.
15
Marge er' t_E, McKnley.Os:er, Trustee_,,
of the Margaret, _E,,..,Oser_,Trust,..,._.. -..__
Established October_ 11,.,1977 ._..___ ... -_
EXHIBIT ®(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (6/62(
iF
,�;:.
OVICIAt .,EAL
WANDALAUTERBACH
,
`� 3�•-
h t ry F. bl c C !Ifornia
Pdn Cpl if -c In
(lraner County
:.
My Cornin. Lip, Aug. 25, 1937
EXHIBIT ®(This area for official notarial seal)
MAIL TAX STATEMENTS AS DIRECTED ABOVE
1002 (6/62(
0
Appendix A
LEGAL DESCRIPTION
That portion of Lot A, Tract 919, in the City of
Newport Beach, County of Orange, State of California, as per
map recorded in Book 29, Pages 31, 32, 33, and 34 of
Miscellaneous Maps, Records of said Orange County, described
as follows:
Beginning at the most easterly corner of Lot 20,
Tract 1133, as per map recorded in Book 36, Pages 14
and 15 of Miscellaneous Maps, Records of said Orange
County; thence South 610 00' 30" East 57.10 feet
along the southeasterly prolongation of the north-
easterly line of said Lot 20 to the northwesterly
line of the land as described in Parcel 2 in the deed
to Katherine F. Jakosky and John Jay Jakosky, Jr.,
recorded in Book 9056, Page 693 of Official Records
in the Office of the Recorder of said County; thence
North 390 43' 30" East 21.84 feet along said north-
westerly line and along the northwesterly line of the
land as described in Parcel 1 in the deed to the City
of Newport Beach, recorded in Book 11293, Page 786 of
said Official Records to a line parallel with and 21.46
feet northeasterly, measured at right angles, from said
southeasterly prolongation of the northeasterly line
of Lot 20; thence North 61' 00' 30" West 37.74 feet
along said parallel line; thence South 76° 30' 15"
West 31.77 feet, more or less, to the.Point of
Beginning.
0
A�
CCRONA DEL MAR
CCMMUNITV ASSCCLATICiti
P. C. B CY 51 6
CORONA DEL MAR, CALIFCENTA 92625
June 27, 1983
Mayor Hart And Council Members
Newport City Council
3300 Newport Blvd.
Newport Beach, CA 92663
Dear Mayor Hart and Council Members:
Re: Sale of Corona del Mar Elementary
It has come to our attention that at least one bidder for Corona del
Mar Elementary is a private elementary school, American Christian, willing
to negotiate a Parks, Beach and Recreation recreation agreement. As the
community and Community Association has previously stated, this would be
ideal from a community sense. Not only will recreational facilities.-be improved
and accessible tg the public; but, the school board will be able to acquire
capital for public education programs.
We hive asked in the past that if a developer acquired the property that
a trade be made of developer park dedication at Corona del Mar Elementary
for School Board land within Grant Howald Park. We believe the School Board
and Newport Beach Parks, Beach and Recreation each and in union has an ob+
ligation to provide for community recreational needs. The Community has paid
for Corona del Mar Elementary out of their property taxes and we believe
the School Board should consider Community needs in the sale of their proper-
ties.
In the event the school is sold to other than an elementary type school,
we ask the school board, developer and city to negotiate a Park Dedication(
Grant Howald land trade.
Very truly yours,
Richard A. Nichols, President
CDMCA Board Approval
cc: Newport Mesa Unified School District
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
November 9, 1981
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: CITY -OWNED PROPERTY
Background
L
STUDY SESSION
N0. 9
During a recent City Council meeting, staff was directed to
prepare a report inventorying various City -owned properties.
The Council's request was generated following review and
approval of a joint use arrangement, associated with the
former Voluntary Action Center headquarters at 1714 West
Balboa Boulevard.
Property Inventory
In assembling the property inventory, staff excluded the
following types of properties and /or use arrangements:
1. Right -of -way acquisitions, streets, and City -
owned parking lots
2. Beaches
3. Land leased by the City
Excluding the above . referenced properties, the attached set
of maps and 'associated map key have been assembled.
J.
ROBERT L. WYNN
City Manager
RLW;GJB;mm
attachments
s.
CITY PROPERTY INVENTORY
KEY TO PROPERTY MAPS
Property No. 1
A. Formal Designation -
B. Location
C. Use
D. Size
E. Lease -
1. Tenant(s):
2. Term
Propertv No. 2
0
Newport Pier and Pier
Concession
McFadden Place
Fishing, Live Bait and
Tackle Concession
- W. Merting, Concessionnaire
- June 1, 1977 - December 31, 1987
A. Formal Designation - Marine Department Headquarters
B. Location - McFadden Place
C. Use - Offices for Marine Department
D. Size - 2000 sq. ft.
Property No. 3
A. Formal'Designation -
B. Location -
C. Use -
D. Size
E. Use Agreement -
1. Tenant(s):
2. Term
Propertv No. 4
Former West Newport Library
6000 West Coast Highway
Joint educational/recreational
use, per lease
1998 sq. ft. (building)
.06 acres (land)
- Friends of the Library and
Balboa Power Squadron
- ongoing
A. Formal Designation - none
B. Location - 61st and Coast
C. Use - Landscaped area
D. Size - 1/2 acre
Propertv No. 5
A. Formal Designation - Channel Place Park
B. Location - Channel Place and 44th
C. Use - Turf, picnics, play equipment
D. Size - 2 acres
0 •.
Property No. 6
A. Formal Designation - Newport Island Park
B. Location - Marcus at 39th
C. Use Turf, picnics, play equipment
D. Size - 1/2 acre
Property No. 7
A. Formal Designation - 38th Street Park
B. Location - Balboa and 38th
C. Use - Turf, picnics, play equipment
D. Size - 2 acres
Property No. 8
A. Formal Designation
B. Location
C. Use
D. Size
E. Lease -
1. Tenant(s):
2. Term
Property No. 9
A. Formal Designation
B.
Location
C.
Use
D.
Size
E.
Lease -
1. Tenant(s):
2. Term
Property No. 10
River /Lake Property
- 3800 River Avenue
- Parking lot, per -lease
- 1170 sq. ft.
- Rolland R. and Thelma Prehn
- month to month, indefinitely
- Marinapark
- 1770 West Balboa Boulevard
- Mobile home park, per lease
- 5 acres
- Various trailer /mobile home
occupants
- March 1976 - September 1985
A. Formal Designation - Girl Scout Lease
B. Location - between.17th and 18th Streets
C. Use - Recreational, educational,
civic, per lease
D. Size - 10,000 sq. ft.
F. Lease -
1. Tenant(s): - Girl Scouts,
2. Term - December 1977 - November 1987
-2
0 9
Property No. 11
A. Formal Designation - American Legion Building
B. Location - 15th and Bay Front
C. Use - Recreational., educational,
civic, per lease
D. Size - 1.54 acres
E. Lease
1. Tenant(s): - American Legion
2. Term - March 1975 - March 2000
Property No. 12
A. Formal Designation -
B. Location
C. Use -
D. Size -
Property No. 13
A. Formal Designation -
B. Location -
C. Use -
D. Size
Property No. 14
Former Voluntary Action Center
Headquarters
1714 West Balboa Boulevard
Joint use with V.A.0 /Library
and P.S. &R.
2350 sq. ft.
City Hall and Fire Station
3300 Newport Boulevard
General City functions and
Fire Station
6 acres
A.
Formal Designation
- Balboa Library and Balboa
Fire
Station
B.
Location
- East
Balboa Boulevard
C.
Use
- Fire
Station /Library use
D.
Size
- 1/2
acre
Property No. 15
A. Formal Designation -
B. Location -
C. Use -
D. Size
E. Lease -
1. Tenant(s):
2. Term
Balboa Angling Club
"A" Street. and Bay Front
Recreational, educational,
civic
2880 sq. ft.
- Balboa Angling Club
- April 28, 1947 - April 28, 2002
-3-
Property No. 16
A. Formal Designation - Utilities Yard
B. Location - 16th Street
C. Use - City utilities operations
D. Size - 3 -1/2 acres
Property No. 17
A. Formal Designation
B. Location
C. Use
D. Size
E. Lease -
1. Tenant(s):
2. Term
Property No. 18
- Western Broadcasting
- 16th Street
- Radio transmitter, per lease
- 43,500 sq. ft.
- Western Broadcasting Co.
- November 1980 _. October 1997
A. Formal Designation - Cliff Drive Park
B. Location - Cliff Drive and Riverside Avenue
C. Use - Turf, picnics, recreational
D. Size - 5 acres
Property No. 19
A. Formal Designation - Ensign View Park & Proposed Parking Lot
B. Location - Cliff Drive at E1 Modena
C. Use - Parking, turf, public building,recrea-
D. Size - 6 acres tional
Property No. 20
A. Formal Designation - Cliff Haven View Park
B. Location - Kings Road s/o Cliff Drive
C. Use - Landscaped view area
D. Size - 1 acre
Property No. 21
A. Formal Designation
B. Location
C. Use
D. Size
E. Lease -
1. Tenant(s):
2. Term
- Balboa Bay Club
- s/s Coast Highway
- Business and Service
activities, per lease
- 26.85 acres
- Newport Bay Co.
- September 1948 - August 1998
-4-
Property No.-2.2
A. Formal Designation - Carroll Beek Community Center
B. Location - Agate Avenue, Balboa Island
C. Use - Recreational, meeting
D. Size - 1/2 acre
Property No. 23
A. Formal Designation - City Yard
B. Location - Superior Avenue
C. Use - General Services operations
D. Size - 8 acres
Property No. 24
A. Formal Designation -
B. Location -
C. Use -
D. Size
E. Lease -
1. Tenant(s):
2. Term
Property No. 25
A. Formal Designation
B. Location
C. Use
D. Size
Property No. 26
Beacon Bay
Bayside Drive
Residential /Marine uses,
per lease
19 acres
- Beeks, jointly
- January 1950 - December 1987
- Balboa Island Fire Station
- Marine Avenue, Balboa Island
- Fire Station
- 1500 sq. ft.
A. Formal Designation - Balboa Peninsula Point
B. Location - Easterly of "N" Street
C. Use - Recreational purposes,
per lease
D. Size - 11,790 sq. ft.
E. Lease -
1. Tenant(s): - Balboa Peninsula Point
Association
2. Term - year to year
Property No. 27
A. Formal Designation
B. Location
C. Use
D. Size
- Bayside Drive Park
- Bayside Drive at Carnation, CdMar
- Turfs picnics, play equipment
- 4 -1/2 acres
-5-
Property No. 28
A. Formal Designation
B. Location
C. Use
D. Size
E. Lease -
1. Tenant(s):
2. Term
Property No. 29
A. Formal Designation
B. Location
C. Use
D. Size
Bayside and E1 Paseo Lease
- north corner of Bayside and
E1 Paseo
parking, landscaping, access
- 8480 sq. ft.
- Ygal and Sheila Sonenshine
- until November 1986
- Irvine Terrace Park
- Malabar and.EVita
- Picnics, Turf, Play, Athletics
- 7 acres
Property No. 30
A. Formal Designation -
B. Location
C. Use
D. Size
Property No. 31
A. Formal.Designation
B. Location
C. Use
D. Size.
Corona del Mar Fire Station
and Corona del Mar Library
410 Marigold
City Fire Station and
Library uses
1 -1/2 acres
- Westcliff Park
- Westcliff and Polaris
- Turf, View park
- 3 acres
Property No. 32
A. Formal Designation
B. Location
C. Use -
D. Size
Property No. 33
OASIS Senior Center
5th and Marguerite Streets
Senior Citizens' Center, per
Council Policy 1 -17
3.4 acres (developed)
2.36 acres (undeveloped)
A. Formal Designation - Mariners Park, Mariners Library and
B. Location - Dover Drive & Irvine Fire Station
C. Use - Park, recreational, Library, Fire Station
D. Size - 6 acres
-6-
Property No. 34
A. Formal Designation San Joaquin Hills Park
B. Location - San Joaquin Hills Road and Crown Drive
C. Use - Turf., picnics, view, athletics
D. Size - 4 acres
Property No. 35
A. Formal Designation -
B. Location
C. Use
D. Size -
Property No. 36
Newport Center Police
and Fire Station
868 and 870 Santa Barbara Drive
City Police and Fire operations
3 -1/2 acres
A.
Formal Designation
- Newport
Center Library
B.
Location
- 856 San
Clemente Drive
C.
Use
- Library
Administration and
Branch
operation
D.
Size
- 2 acres
Propertv No. 37
A. Formal Designation - West Bay Park Site
B. Location - Irvine Avenue
C. Use - Undeveloped
D. Size - 6 acres
Property No. 38
A. Formal Designation - Boys Club
B. Location - Eastbluff
C. Use - Recreational, educational,
civic
D. Size 0.6 acres
E. Lease -
1. Tenant(s): - Boys Club of Harbor Area
2. Term - June 1971 - June 1996
Property No. 39
A. Formal Designation - Eastbluff Park
B. Location - Vista del Oro and Vista del Sol
C. Use - Picnics, turf, play equipment
D. Size - 14 acres
-7-
Property No. 41
A.
Formal Designation
- Buffalo Hills Park
Property No.
40
Location
A.
Formal
Designation -
Community Youth Center,
Port.Westbourne Place
C.
Grant Howald Park
B.
Location
Iris at 5th., Corona del Mar
C.
•
Use
D.
- Picnics, turf, play equipment,
- 14 acres
Property
public building
D.
Size
A.
- 4 acres
Property No. 41
A.
Formal Designation
- Buffalo Hills Park
B.
Location
- Newport Hills Drive West and
Port.Westbourne Place
C.
Use
- Picnics, turf, play equipment,
athletics
D.
Size
- 14 acres
Property
No. 42
A.
Formal Designation
- San Miguel Park Site
B.
Location
- San Miguel and Spyglass
•
C.
D.
Use
Size
_ undeveloped
6 acres
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BY
•PLF1aS R ?T['?� i0_ j" /,j�/- ��/ -�.�`I
City Clerk's Otf.i(-.?
City Hall
City of Newport Beach
3300 Newr)ort Blvd.
Newport F- -ach, CA 92663
No Tax Due
EXc11i1PT
nK 1 407 Piz i 1
OF Oz.4�w( tiGt3N1* C.AL60141A
-;fl 35Ah1 PAY 29'81
LEE A. 8R.A=4. C meaty 2xoiiw
RESOLUTION NO_ 10041
A RESOLU'T'ION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH PLACING A TRUST RESTRICTION
UPON THE CITY OWNED PARCEL ADJACENT TO IRVINE
AVENUE AND MONTE.VISTA AVENUE, CONSISTENT WITH
CHAPTER 74 OF STATUTES 1978
h
WHEREAS, "the City of Newport Beach is the trustee of the
Newport Beach Tidelands Trust, hereinafter "the Trust," created
by Chapter 74 of Statutes of 1978; and
WHEREAS, the City of Newport Beach owns a certain parcel of
real property overlooking Upper Newport Bay, the legal
description of which is attached hereto, marked Exhibit "A" and
incorporated herein by this reference, hereinafter "West Bay
parcel "; and
WHEREAS, the City of Newport Beach desires to place the West
Bay parcel into the Trust in conformance with Chapter 74 of
Statutes 1978; and
WHE,IZF.AS, the State Legislature in Chapter 74 of Statutes
1978, hereinafter "the Act ", found and determined that the
residential porti::lns of Beacon Bay, defined in the Act as Parcels
A, B and C, exclu(iing the streets and beaches, being a relatively
small portion of the granted tide and submerged lands were no
longer requi. red or needed for the promotion of the Trust, with
th--. exception of producing income for the benefit of the Trust;
and
WHEREAS, the lots designated in the Act as Parcels A, B and
C are filled and reclaimed, are no longer submerged or below the
mean high tide line and are no longer needed or required for
2'
BBC 1 4 078ao i4
purposes of navigation, commerce and fisheries and are to be
freed of the public Trust for navigation, commerce and fisheries,
consistent with the Act; and
WHEREAS, when parcels A, B and C are freed from the Trust
for navigation, commerce and fisheries, they shall continue to be
held by the City of Newport Beach, subject to the other terms and
provisions of the Act and other laws applicable to the tide and
submerged lands included in the Grant to the City of Newport
Beach; and
WHEREAS, to free said parcels A, B and C from the Trust, the
City of Newport-Beach is required to transfer other property to
the Trust; and
WHEREAS, the City of Newport Beach desires to transfer the
West Bay parcel to the Trust; and
WHEREAS, the transfer of the West Bay parcel to the Trust
must be approved by the State Lands Commission, upon a
determination that the transfer is appropriate, taking into
consideration the size of the area affected by the termination,
the Trust purposes that can be accomplished by the transfer, and
the value of the real property transferred to the Trust; and
WHEREAS, the approval of the State Lands Commission will be
reflected on a document recorded transferring the property to the
Trust; and '
WHEREAS, it has been determined by the City Council of the
City of Newport Beach that the size of. the West Bay parcel,
approximately six (6) acres compares favorably with the size of
the parcels to be released from the public Trust, approximately
four. ('4) acres; and
WHEREAS, the State Lands Commission has.also indicated its
determination that the transfer of the West Bay parcel to the
Trust is appropriate; and
WHEREAS, the City Council of the City of Newport Beach
0 •
B 'K ,4078 14 ^6
WHEREAS, the City Council of the City of Newport Beach
desires to transfer the West Bay parcel to the Trust, consistent
with The Act, and to provide that the Trust provisions of the Act
shall be imposed upon the West Bay parcel,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach that the transfer of Municipal property to
City of Newport Beach Tidelands Trust, a copy of which document
is attached hereto, marked Exhibit "B" and incorporated herein by
this reference, be and it is hereby approved.
f
BE IT FURTHER RESOLVED that the Mayor and City Clerk are
hereby authorized and directed to cause said transfer of
Municipal property to be executed and recorded in the Office of
the Orange County Recorder. Said execution and recordation,
however, shall not be accomplished unless and until such time as
the State Lands Commission shall. have approved the transfer of
Municipal Property to the City of Newport Beach Tideland Trust,
and indicated their approval thereof by executing said document.
ADOPTED this 11th day of May , 1981—
ATTEST:
C'-;RT.f14 AS A TRUE AND CORRECT COPY
C..Y «"%K Of iHc CITY Of N!V /NOAT BSA"
6A ayo`# —��
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• a•1 4078 PG 1.4617
IJEST BAY PARK SITE
Al 1. that portion of Blocks 4, 5 aFig S4 Irvine's Subdivis °n, in the City
of Newport 8eadh, County of Orange, State of California, as par rzp filed in
Book 1, Page 83, Miscellaneous Maps; records of said County, described as
follows:
Beginning at the southwesterly terminus of that certain course in
the southeasterly right -of -way line of Irvine Avenue shrwn as North
40 38'l0" East 333.39 feet on Sheet 5 of County Surveyor's ;-`.ap 1 -72
on file in the office of the County Surveyor.of said County; thence
along said right -of -way ling North 40 38'10" East 303.39 feet; thence
South 49 °22'09" East 160.00 feet to.the beginning of a tangent
curve concave to the north and having a.radius of 260.08 feet; thence
easterly along said curve through a central angle. of 64 14'30" a
distance of 291.52 feet; thence nontangeSt -to said curve South l9 °22'51"
Nest 349.97 feet; thence South .70 3,7'09" East 31.97 eet to
that certain course having a bearing and length. of South 53 22'27"
Ulest 422.40 feet An the northerly boundary-of that certain parcel
of land described in deed_ to the State of California recorded in
Book 11382, Page 1876 8f Official Records of said County; thencr- along
said boundary South 53 24'17" 4!est'338.26 feet; thence.North 36 35'43"
West 95.87.foet to a point on a nontangent 175.00 Foot radius curve that
is concave to the northeast, a radial to said point bears South 1 18'21"
East; thence northm-sterly along said last mentioned curve, through a
central angle of 72611'59 ", a distance of 220.52 feet to the beginning
of a reverse curve concave to the southwest and having.a radius of 175.00
feet; thence north;iasterly along said last mentioned curve, through a
central angle of 440 .45'00 ",.a distance of. 136.68 -Feet; thence North
63 51'22" hest 23.07 feet to a point in the southeasterly right- of -ti-tay
line of said Irvine Avenue; said point, being'in a 725.00 foot radius curve
concave to the southeast, a radial to said point bears North 63 51'22"
West-, thence no.rthe8sterly along said last mentioned curve, through a
central angle of 14 29'32 ", a distance of 183.38 feet to the point of
beginning.
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RECORDING REQUESTED BY
THE CITY OF NEWPORT BEACH
AND WHEN RECORDED RETURN TO
THE CITY OF NEWPORT BEACH
3300 Newport Blvd.,
Newport Beach, California 92663
No Tax Due
8K ; 4078 PG 4, 421) 9
TRANSFER OF MUNICIPAL PROPERTY TO
CITY OF NEWPORT BEACH TIDELANDS TRUST
M
WHEREAS, the City of Newport Beach Tidelands Trust,
Chapter 74 of the Statutes of 1978, hereinafter "the Trust ",
empowered the City to add real property to the trust as part of a
Procedure for releasing a relatively small portion of the granted
tidelands from the common law public trust; and
WHEREAS, by this statute, the City is authorized to
make such trust acquisitions of real property by transferring
City -owned property held in a Municipal capacity to the trust;
and
WHEREAS, the City holds in its Municipal capacity a
certain parcel of real property overlooking Upper Newport Bay,
hereinafter "Subject Property," which it desires to so transfer
to the Trust; and
WHEREAS, the granting statute requires that the parcel
to be transferred be appropriate in terms of its size, value and
utility to the Trust; and
WHEREAS, a study and investigation has been undertaken
:� f, 1_ S
•
•
of the size of the area affected by the termination of the common
law public Trust in comparison to the size of the parcel to be
transferred to the Trust, the value of the parcel to be
transferred, and the Trust purposes that can be accomplished by
such a transfer; and
WHEREAS, it has been determined that the size of the
Subject Parcel, approximately six (6) acres, compares favorably
with the size of the parcel to be released from the public Trust
approximately four (4) acres; that the value requirement is met;
and that, the Subject Pz;rcel, in its present condition, would
further the purposes of the Trust by serving as a site for
passive recreation, an ecological unit for scientific study, as
open space, by enhancing the adjacent Department of Fish and Game
Wildlife Preserve, and by providing a panoramic vista of Upper
Newport Bay for public enjoyment; and
WHEREAS, future development of the Subject Parcel will
be in conformance with the terms of the Trust; and
WHEREAS, on May 11, 1981 , the City
Council of the City of Newport Beach approved this transfer of
1.
Municipal property to the Tidelands Trust, and the State Lands
Commission took the action required by Chapter 74, Statutes of
1978 with respect to the transfer of the Subject Property to the
Trust on May 28, 1981
NOW, THEREFORE,
THE CITY, in its Municipal. capacity, does hereby, by
virtue of Chapter 74 of the Statutes of 1978, transfer, convey
and quitclaim to itself in its capacity as Trustee of the
Ti.de.i.an9s Trust, that certain parcel of real property situated in
the City of Newport Beach, County of Orange, State of California,
as more particularly described in "Description of Subject Parcel"
attached hereto and by this reference incorporated herein.
2
914073?6'1431
IN WITNESS WHEREOF, the Grantor has caused these
presents to be executed this cqAt7 day of /��1 1981.
CITY OF NEWPORT BEACH
ATTEST
City Clerk
STATE OF CALIFORNIA )
ss
COUNTY OF ORANGE )
r
On this 7 day of 1981, before me
personally appeared JACQUELINE E. HEATHER known to me to be the
Mayor of the City of Newport Beach and known to me to be the
person authorized to and who did execute the within instrument on
behalf of the City of Newport Beach, a Municipal Corporation, and
acknowledged to me that said City executed the same pursuant to
the authorization of its Resolution No. 10011 adopted by the City
Council on May 11, 1981.
3
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Notary Pub,Yic
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My Gr..rnirsE: >r E,yir.�� a.rl :ti, 15:5
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Notary Pub,Yic
_
a'tt 1 4 J 7 8 r u 4 3 2
Pursuant to City Council Resolution No. 10041, the City
of Newport Beach hereby accepts the right, title and interest in
the subject property herein described in its capacity as trustee
of the Tidelands Trust granted by Statutes 1978, Chapter 74 and
consents to its recordation.
Dated this iL�G day of %% 1981.
CITY OF NEWPORT BEACH
By >' `U 4Le-z�-
ATTEST:.
City Clerk
STATE OF CALIFORNIA ) -
) ss
COMITY OF ORANGE )
a-
On this ,�- ` day of �7LCX I J 1981, before me
personally appeared JACQUELINE Is. HEATHER known to me to be the
Mayor of the City of Newport Beach and known to me to be the
STATE OF CALIFORNIA )
) b5
COUNTS! OF SACRAMENTO )
aK 1 4 -078 Pe 1433
On .thin ou 1 /-4 t day o6 L / 19F-1
be6one nip, the un&n4ignet�, a Not(ucy Pub(✓c:c .Ln auI 6Ch die Saate o6 �!
Co'U. {)0 /'m("a, wEth p1u.t1C,4,)2P. o66i -@.e in the County o,/) Sac)Lame.ttto, pe,"onatLy
app(,,a ed L! L <'E c ��7t -l. 7)n.,_.E/ �a bnatun to me..to be the
y_ f ' <<.=I'il < c f!a _L1 �_ GU i t�T�E LANUS COAkIISSION,
STillc t)I (rCt Il )!'F!'I K, .tfe ComtncAlsion that executed the tv.i,tlt.Cta Imstitumettt,
known. to be the peAzon who executed the u.ithin InA.thumeat, oa bchat6 oij
the. Cc,nur,E, .5i.c!li .thEte named, and acknotute.dged to me that sue.h CommEzsiou
executed t'te ta,thin in/i- taunient ptut.5uatLt to a Auottti.ort o, i;tA Cummin:5.ionen5.
WITNESS my hand and o0G4,ciat seat.
.,
JA IC E.VELYN SMMI ?
�t �oF QuSn c <�Fg4rnA �. CGY( -,e /(C.
may; c Ur v or r, n -Nro 4��7AkY PU3LIC 'IN A�'D (OR 7HL
__ STATE OF CALIFORNIA
� 1
8 1 4378 PC) 1434
WEST BAY PARK SITE
All that poi-tion of Blocks 4, 5 a g 91, Irvine's Subdiv s`cn, in the City
of Newport neac;i, County of Orange, State of California, as per r..ap filed in
Book 1, Pa-'e 83, Miscellaneous flaps, records of said County, descried as
follows
Beginning at the southwesterly terminus of that certain course in
th8 southeastc-rly right -of -way Iine'of Irvine Avenue shown as North
40 38'10" East 333.39 feet on Stieet 5 of County Surveyor's i;ap 1 -72
on file in.the office of the County Srveyor.of said Coun thence
along said right- o' ° -s;ay lirte North 40 38'10" East 303.39. feet; thence
South 49 22'09" fast 169.00 feet to. the beginning of a tangent
curve concave to the north and haling a- radius of 260.02 feet; thence
easterly along said curve through a central angle of E4 14'30" a o
distance of 291.52 feet; thence nontange�t to said curve South 19 22;'5I"
West 349.97 feet; thence South 70 37'09" East 31.97 feet to
that certain course having a bearing and length of South 53022'27"
West 422._40 feet in the northerly boundary of that certain parcel
of land described in deed to the Stfite of California recorded in
Gook 11382_, Pare 1876 f Official Records of said County; thence along
said hounda;y South 5324' 17 West 338.2.6 feet;- thence-. North 36 3514 "'
(lest 95.37 .feet to a point on a nontan,etnt 175.00 foot radius cure that
-is concave to the northeast, a radi -al to said point burs South 1 18'21'
East; thence northwalsterly along said last mentioned curve, through a
central angle of 72(111'59 ", a di Lance of 220.52 feet: to the beginning
of a reverse curve concave to the sourthWv:S t and having a radius of 175.00
feet; thence northwpsierly along said last mentioned curve, through a
cq Lral angle of 44045'00 ",.a distance of 136.68 Feet; thence North
63 51'22" klest 23.07 feet to a point in the southeasterly right-of-way
line of said Irvine Avenue; said point be-ing'irt a 725.00 foot radius curve
concave to the >outheast, a.radJal to said point bears North 6351'22"
4Iest; th�ace' north eljsterly alone, said last mentioned curve, through a
central angle: of 14 29'32", a distance of 183.38 -Feet to the point of
beyimlin.g_
DMCRIPTICM OF SUBJECT PAP,CEL
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KENEETM CORY. STATE CONTROLLER, CHAIRMAN
DUKE CUFII, LILUT1:RAR'I GOVERNOR. COMAISS(ONE3
MARY ANN GRAVES. DIRVCFOR OF FINA &CF.. CONAISSiONER
Thursday - May 28, 1981
10:00 a.m.
CONSENT CALENDAR
Item; shown below are judged to be non - controversial: A written
objection with reasons directed to the State Lands COminission's staff,
180; - 13th Street, Sacramento, California 95314, will be sufftcient
to remove the item from the consent list.
Cl. MR. MAX BADER (APPLICANT); Approval of a 20 -year General Permit - Recrcat!onal
and Residential Use, patented tidelands and Stace -pvned submerged land lying
beneath existing Facilities at 12 Sandy Beach Road, Vallejo. Solana County.
(Grimmett -, W 22293)
C2. JERRY LEVY (APPLICANT); Approval of A 20 -year Ceaerai Permit - Recreational
and Residential Use, tide and sebmerged land located near Black Point, Marin
County. (Crimmety W 22662)
C3. `PACIFIC TELEPHONE AND TELEGRAPH COMPANY (APPLICANT); Approval of a Contlnuous
Use plus I -year General Permit - Rigbt -of -Way Use. tide and submerged land located
in pudding Creek near Fort Bragg, Hendncino County. (Cr_mmetc: W 22713)
C4. PACIFIC TELEPHONE AND TELEGRAPH COMPANY (APPLICANT); Approval of a Conctnucus
Use plus 1 -year General Permit - Righr -of -Way Use, tide and submerged land located
in Big River near Mendocino, Mendociec County, (Crfmmett.; w 22516)
C5. PACIFIC 7ELRPH08E AaD :FL.EZRAPH GO ?i%NY ( APPLICANT): App: oval of a Concicuoes
Use plus ! -veer General Permit - REeht- of -'.ay Use. tide and submerged Lords.
Located Ili Middle Pict¢ bet -cen Bxcav: I,iznd and tmver J ^nes Tract. near S- oakaaa.
San Joaquin County. (Gordon; t! 22735)
C6. BAR ALE, CONET FEED', !NC. (APPt(C3:5); Appravat aI a 25- - Genc=LL Ferc:!c
- Protective 9trecrure Ume, tide and submerged land located in ;he Petaluma
River, 1-ity of Petaluma, S�r,.:ma Cnur.ay. (Crimexcr: W 22660:
CF_ STATE OF CALIFORNIA, DE?n RTNEia' OF FISH AND G =t:F f;.ESSEE): Approval o: a
Amendment to a.. 66 -year Public Agency Lease, PRC :7:1:.9, tide and sub:::crged reeds
at Point Edith, Contra Costa County. ?RC 5711: ?i ;: ?'65t)
C8. HAROLD CLAUDE TAYLOR AND':.:.,. TAYLOO (ASSLG6 ^R) 3ECRE,N7 0:1 }J:C °%!O1 :A
PROPERTIES, INC., .JERRY C. ::W\HAF! AND BETTY A. GRARAN (A95I8aEE): A.ppro :a! :f
the assigaaent of a Cenerai Lease - Commercial L'se, No. 4682.1., tide and subs =:ged
lands. located Fn Whiskey Slough, San Juaquin County. (Gordon.: WP 4032)
C9. HAROLD C. TAYLOR AND CAROL C. TAYLOR (ASSIGNOR). RECREATION AND MARINA
PROPERTIES, INC.. JERRY C. CRAr;;A AND BETTY A CRAAA:l (A SIGN E): Apprpv..I of
the assi�nment of a Central Lose - Commercial Use, No. 5792.1, tide and sobmcr,.d
lands Located In WhisA" Slough, San Joaquin Coa-c y: (GO :dac WP 5792) -
C10. IMPERIAL Tfl.,MAI. PRODL'CIS, INC. (e,SSiG;OR) BEAR CRESS a1S l! +: GGNPANY (A'_SICN E);
Approval of the assi.Pneenc of a General Lease - Industrial Use, Lease Nu.
PRC 3452.1. sovcrvt,, :and located at 5ad;on Sea. lmverlal Cuwtty. (Lame: I, 3157;
Gil. THE HUNTINGTON PARI ;YCRSHIP (LF,SGEE): Approval of an Amendment to a 42 -year Ce pale;
Lease - Commercial l.e. tide and submerged land located in Huntington llzrbour,
Orange Conney. (Atkins; PRC 7376.1)
C12. HILTON A. BLUR (APPLICANT); Approval of an Amendment to Lease PRC 58uS.2 to
eliminate the liability insurance provision ou State school land in San Bsrna:din..
County. (Childr ... 1 W 2 ^2011) -
C13. CHRISTINE A. FREER; HERMAN C, SARCIIET: REIN;HOLD H. BdRCHET (CURRENT LESSEES):
Approve the contiuuAtion of annual rental for a 10 -year General Peamic -
Recreatinnnl Use. (Om.n:d; PRC 4810)
C14. PACIFIC CAS AID ELECTRIC COMPANY (CURRENT LESSEE): Approve the continuation
of ann,aL mural for a 49 -year P,igh: -of -way Lease, tide and sulme'rged lands
located In the 5p-th Yack of the =t7a ke lumna. Rive;, San Joaquin County. (Gordon;
PRC 4636)
C15. BELARDO C(AI ?ANY (CURRENT LE5SE' _'); a;pro.: c!,e conri. :uacion of anne7f reu:al
for a 20-year Non -Camme rc ial L :.a +, PRC 467:.1. tide and mhmerged land ;nca_ed
in Bette :ladora Creek. Morin Ceuncy. (1eu- indovski; 6:2 4632)
C16. ZUCKF.R!:AS .. :INNIIEVILLE, INC. (LESSEE.): Ap,'c,ei the letting of a tlli ;ed rent?1
for a 15 -ye, +r Rirhl- of_Wny Lease, 21RC 647.1, tide and auIen,rged land; located
In th � b .-d of Iliddle River betveeu Lle.nning Tract and Mandeville Island, San
Joaquin County. (G,,.rd = -n: PRE 6,.7)
1N! t ": UtRSL :UFO. ACT!." Y,I IRK E',RALF 70R THE
S7Ar._ L,I.i ps CEN +1r ^ „INI, 4.61 RERfa,, u,S I :RCa,
TILT THE
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HAS FxrCnfi,J r!” t: al•I lCdir ANN
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C17_ PORT STOCKTON BOATERS, INC. (LESSEE); Approve the setting . of a revised rental
for a 15 -year General Lease - Commercial Use, PRO 2711.1. partially filled tide
and submerged lands located in the San Joaquin River, San Joaquin County.
41jCOrdon; PRO 2771)
. HAROLD H. AND REBECCA A. HCCABE (LESSEE).; Approve the setting of a revised rearal
for a 15 -year General Lease - Commerial Use, PRO 301.1. tide and submerged land
located in the Hokelumne River, Sacramento County. (Reese; VP 301)
C19. SAN JOAQUIN DELTA POWER SQUADRON (LESSEE);. Approve the setting of a revised
r"tal for a 10-year Non- Commerc Lal Lease, PRC 5212.1. tide and submerged land:
located in the San Joaquin River, San Joaquin County. (Gordon; PRO 5212.1).
C20. NOVATO SANITARY DISTRICT (LESSEE); Approval of authorization to change Conscructiin
Limiting Dates on a General Permit - Public Agency Use, PRO 5965.9, for cc ns :. rx lima
and maintenance of an effluent force main and Ramer cable across Simons Slough,
Maria Count,. (Reese; PRO 5965) -
C21. UNITED STAT`S FOREST SERVICE KLAMATH P:ATIOP.AL FOREST (TRESPASSER); Aut bo il.ntion
for the scarf of the State Lands Commission to submit a claim for damage to
the United States Forest Service for the settlement of the September, 1990 timber
trespass on the NE4, SE}, Section 16, 740:1, RIOW, HDH, Sisk Lyou County. (Bjorsen;
W 203 16)
C22. l) Lawrence G. Rouse; 2) Ann H. Wallis; 3) Reuben W. Hills. 111: 4) PatrLCia D.
Hagen; 5) Donald C. Penkoff: 6) James R. Deua:d; 7) John E. Billings; E) R.
Virgil Allen: 9) Y. Irwin Sprague, Jr.; 10) Leland C. Nelson (Applicants); Approval
of 10 Recreational Pier Permits: 3 at Lake Tahoe, Placer County; 1 at Lake
Tahoe, El Dorado County: 3 at Huntington Harbour, Orange County; 1 at :hiskey
Slough. San Joaquin County; 1 at Ceorgiana Slough, Sacramento County; I at
Sacramento River, Sacramento County. (Omand; I+P 3543, WP 3569, WP 3573, WP 3574,
WP 3883, WP 4314, WP 4593, WP 5123, WP 5159, W 22601)
REGULAR CALE:JDAR -
23. WESTEC SEM CES, INC'. (CONTRACTOR); Approval of contract ci C, Wester Services,
lnc. for experimental testing for Dust Storm Abatement determinations. Olcns
Dry Lake, Oiyo County. (Schaefer; .'40174)
24. BRUCE C09"k NAPK SCOTT ANNERI: KENNETH BI.ACK: CHARLES W. LEGEMAN (APPLICnNTS).;
Approval of a 40 -year General Lease - Commercial Use. filled sovereign land
located to the City of Sea' Beach at the intersection cf First Street and Pacific
Coast Ht.haay in Orange County. (A. Scott: WP 4432)
25. INDEPEay_OC VALLEY ENERGY CO,IPANY (APPI,TCANT), Appreval of a 20 -year C_neral
Lease - Right -of -Way Use, sovereign land located in Kern River at Bakersfield,
Kern County. (Louie: V 22724)
26. SAS DIEGO GAS 8 ELECTRIC (LESSEE); Approval of renewal and amendment of En ^ina
Terminal Lease PRO 791.1 to provide for Volumetric Rental and torrent lease
covenants and conditions. (Ilorn WP 791)
27. CITY OF NEJPORT BEACH (TRUST GRANTEE) (BEACON BAY) Pursuant to State. 1973,
Ch. 74 determine that the transfer cc the trust of a certain parcel of city
own d .eal property is app prize (Ras uss en.. C 1)9-02.4)
28. PORTION OF THE COLORADO RIVER- OAf Ig LAKE AREA, BOv. ARY LINE ACRE_:1Fx.T 'J1'4
TWENTY-TWO (22) INDIVIDUAL MINERS Hf.YH`:S£9TE0 B, 0. N. LLOYD: .A,,rave vc1 auci'.icc
the execution of n Bounlinry Lino Agreement (BLA 204) Verwaen the Start Land.
Commission and various upland o ncrs settling _itle and boundary d,pu.es on
lands locot:d adja,nt to a partfou of Ehr Calorado River - Duvis Lak.: Area
in Section 8. TITS, R22E. SBH, Guperlal County. (Scott /Williams; U. ?0693.i02)
29. CALIFORNIA DEPARTMKNT OF FORESTKY: Approval of a Hanagcmenr Plan and authariration
for California U,partmcut of Forestry to proceed with a forest demonstration
project on a 26 -acre parcel of State school land near Summit City, Shasta Csuaty-
(Shimer; W 224U4) ,
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C17_ PORT STOCKTON BOATERS, INC. (LESSEE); Approve the setting . of a revised rental
for a 15 -year General Lease - Commercial Use, PRO 2711.1. partially filled tide
and submerged lands located in the San Joaquin River, San Joaquin County.
41jCOrdon; PRO 2771)
. HAROLD H. AND REBECCA A. HCCABE (LESSEE).; Approve the setting of a revised rearal
for a 15 -year General Lease - Commerial Use, PRO 301.1. tide and submerged land
located in the Hokelumne River, Sacramento County. (Reese; VP 301)
C19. SAN JOAQUIN DELTA POWER SQUADRON (LESSEE);. Approve the setting of a revised
r"tal for a 10-year Non- Commerc Lal Lease, PRC 5212.1. tide and submerged land:
located in the San Joaquin River, San Joaquin County. (Gordon; PRO 5212.1).
C20. NOVATO SANITARY DISTRICT (LESSEE); Approval of authorization to change Conscructiin
Limiting Dates on a General Permit - Public Agency Use, PRO 5965.9, for cc ns :. rx lima
and maintenance of an effluent force main and Ramer cable across Simons Slough,
Maria Count,. (Reese; PRO 5965) -
C21. UNITED STAT`S FOREST SERVICE KLAMATH P:ATIOP.AL FOREST (TRESPASSER); Aut bo il.ntion
for the scarf of the State Lands Commission to submit a claim for damage to
the United States Forest Service for the settlement of the September, 1990 timber
trespass on the NE4, SE}, Section 16, 740:1, RIOW, HDH, Sisk Lyou County. (Bjorsen;
W 203 16)
C22. l) Lawrence G. Rouse; 2) Ann H. Wallis; 3) Reuben W. Hills. 111: 4) PatrLCia D.
Hagen; 5) Donald C. Penkoff: 6) James R. Deua:d; 7) John E. Billings; E) R.
Virgil Allen: 9) Y. Irwin Sprague, Jr.; 10) Leland C. Nelson (Applicants); Approval
of 10 Recreational Pier Permits: 3 at Lake Tahoe, Placer County; 1 at Lake
Tahoe, El Dorado County: 3 at Huntington Harbour, Orange County; 1 at :hiskey
Slough. San Joaquin County; 1 at Ceorgiana Slough, Sacramento County; I at
Sacramento River, Sacramento County. (Omand; I+P 3543, WP 3569, WP 3573, WP 3574,
WP 3883, WP 4314, WP 4593, WP 5123, WP 5159, W 22601)
REGULAR CALE:JDAR -
23. WESTEC SEM CES, INC'. (CONTRACTOR); Approval of contract ci C, Wester Services,
lnc. for experimental testing for Dust Storm Abatement determinations. Olcns
Dry Lake, Oiyo County. (Schaefer; .'40174)
24. BRUCE C09"k NAPK SCOTT ANNERI: KENNETH BI.ACK: CHARLES W. LEGEMAN (APPLICnNTS).;
Approval of a 40 -year General Lease - Commercial Use. filled sovereign land
located to the City of Sea' Beach at the intersection cf First Street and Pacific
Coast Ht.haay in Orange County. (A. Scott: WP 4432)
25. INDEPEay_OC VALLEY ENERGY CO,IPANY (APPI,TCANT), Appreval of a 20 -year C_neral
Lease - Right -of -Way Use, sovereign land located in Kern River at Bakersfield,
Kern County. (Louie: V 22724)
26. SAS DIEGO GAS 8 ELECTRIC (LESSEE); Approval of renewal and amendment of En ^ina
Terminal Lease PRO 791.1 to provide for Volumetric Rental and torrent lease
covenants and conditions. (Ilorn WP 791)
27. CITY OF NEJPORT BEACH (TRUST GRANTEE) (BEACON BAY) Pursuant to State. 1973,
Ch. 74 determine that the transfer cc the trust of a certain parcel of city
own d .eal property is app prize (Ras uss en.. C 1)9-02.4)
28. PORTION OF THE COLORADO RIVER- OAf Ig LAKE AREA, BOv. ARY LINE ACRE_:1Fx.T 'J1'4
TWENTY-TWO (22) INDIVIDUAL MINERS Hf.YH`:S£9TE0 B, 0. N. LLOYD: .A,,rave vc1 auci'.icc
the execution of n Bounlinry Lino Agreement (BLA 204) Verwaen the Start Land.
Commission and various upland o ncrs settling _itle and boundary d,pu.es on
lands locot:d adja,nt to a partfou of Ehr Calorado River - Duvis Lak.: Area
in Section 8. TITS, R22E. SBH, Guperlal County. (Scott /Williams; U. ?0693.i02)
29. CALIFORNIA DEPARTMKNT OF FORESTKY: Approval of a Hanagcmenr Plan and authariration
for California U,partmcut of Forestry to proceed with a forest demonstration
project on a 26 -acre parcel of State school land near Summit City, Shasta Csuaty-
(Shimer; W 224U4) ,
.. �.. �'.. ��. -'. :. �,. s��ve Z:'\ M[ e!/! T+ H. W' NRi�NiLY:: wYrt41[' �.' ��f l: C-: a.: 9e1.- 1: 9e sY^,: n. 0�- f1S7r�`4>•.Yti'�Y'FYP'!'Sn.J 'r9i �l- T•' ".•:'3x+
STATE L099 COY.M13SiON• HAD Pzi33y !'RF1E12.J.
THAT THE ANN ?XEO IS A WSM E. TRU E. A:iJ C9t.RECT
• COPp,11F THE OAIf�ECORO COPT, CO:IASiOIL OF
_l J.._PAITS. O IN THE OFFICE Of THE STATE.
LANDS COMMISSION; THAT S -10 COPT H. \6 HZE9 COU.
PARED Of THE UNDERSICNEDICIiH THE ORIGINAL. 0.'10
CALENDAR ITEM A A CCRRC6T TRANSCRIPT I II'_REFRV4.
IN WITNESS WN'R59i. THE UNDERSIGNED
NAS EAECOTED THIS CMIFICATE A -30
- AFFIXED THE SEAL CE THE STATE LANG3
I� • NNHISiICN 7Nli� r
n f�
G / AB. 19 q4 --a =-` 'G 09 -02.4
f� asmussen
SUMMARY OF PROPOSED COMPLIANCE WITH
STATS. 1978, CH. 74 (BEACON BAY)
BY CITY OF NEWPORT BEACH
HISTORY AND BACKGROUND:
The first legislative grant of tide and
submerged lands to the City of Newport
Beach was made in 1919. Thereafter, in
1927, certain portions of the tidelands
were filled and reclaimed as part of a
plan of improvement which included the
dredging of a channel to navigable waters
of Newport Bay and development of a tharbor
facility. In 1938 a small portion of the
filled tidelands, together with adjacent
uplands, were leased for, inter alia,
residential purposes. Subdivision of the
land and the construction of residences
followed. This area, known as Beacon Bay_,
has been a residential community under
lease from the city since that time.
Questions regarding the private, exclusive
use of said filled tidelands for residential
purposes were resolved by the Legislature's
amendment of the City of Newport Beach
tidelands grant in 1978. (Stats. 1978,
ch. 74.) The Legislature therein determined
that the filled, leased tidelands, comprising
approximately three acres, are a relatively
small portion of the city's granted tide
and submerged lands, that through the leases
the lands are producing income to support
the statutory tidelands trusts, and, except
for the production of .income to support
such trusts, the lands are no longer required
or needed for the prOmotion of Such crusts
or for purposes of commerce, navigation,
and fisheries. The Legislature therefore
found that the filled LidcLands were to
be freed of the Common Law Public Trust
and could continue to be leased for residential
purposes pro•.Tided that:
74
36 -1- CALENDAR PACT: 10f,� 1
VIKUTE PA :E
C.
4�I
C
O
c�
�I
C
CALENDAR ITEM �l0. 2 % ( CONT
a parcel of real property of approximately
six acres which it owns in its municipal
capacity. The property was granted to the
city by the Irvine Company as mitigation
for a subdivision approved by the city
and is Located on a bluff overlooking Upper
Newport Bay. Its easterly boundary coincides
with the area operated by the State Department
of Fish and Came as the Upper Newport Bay
Ecological Reserve. Its westerly boundary
runs along Irvine Avenue providing more
than adequate access to the parcel.
The Irvine grant was conditioned upon the .
property's use only for public park purposes.
This coincides with the city's proposal
to designate the land as a public park /view
area in.its present undeveloped condition,
thereby taking advantage of its scenic
location. The parcel- is labeled "Proposed
Accuisition Parcel" on Exhibit "A ". (A
copy of the legal description and map is
available in the Office of the State Lands
Commission, Sacramento, and incorporated
herein by reference.) `
(' In reviewing the city's proposal, Commission
staff considered the size of the area affected
by the termination of the Common Law Public
Trust_ in comparison to the size of the
parcel to be transferred to the trust,
the trust purposes that can be accomplished
by the proposed transfer parcel, and the
value of the proposed transfer parcel as
is directed in Chapter 74 of the Statutes
of 1978.
Size: The filled tidelands to be freed
Trom the Common Law Public Trust consist
of the residential lots within three separate
parcels labeled A, B, C on Exhibit "A"
attached. The residential lots within the
three parcels total 2.8 acres more or less,
out of an approximate total area of over
12,400 acres of tide and submerged land
granted to the City of Newport Beach. Since
the proposed acqui.sLtion parcel to be transferred
to the trust concai.ns approximately six
acres, the size comparison between the
two its favorable to the public trust.
Utility: In its present: undeveloped condition,
foie transfer parcel wo)sLd furthez the purposes
of the trust by serving as a site for passive((�� —�
—3_ GALE N n.4R P.,�c
MINUTE PAGE
(Rev. 5/27/81) f
arc 14078 PG 1144 1
i •
CALENDAR ITEM NO. 2 7(CONTD)
recreation, an ecological unit for scientific
study, as open spate, and as a lookout
point providing a panoramic vista of Upper
Newport Bay for public enjoyment. Moreover,
the fact that this parcel is located immediately
adjacent to and overlooking the Department
of Fish and Game's Upper Newport Bay Ecological
Reserve enhances the reserve and also expands
the trust utility of the parcel. The development
plans for this parcel include a possible
Fish and Game interpretive center for the
ecological reserve and a natural history
museum. Thus, the parcel offers opportunities
for diverse trust uses and is accessible
to the public as well, thereby resulting
in considerable utility to the trust.
Value: The last area of consideration
under the terms of Chapter 74, the value
of the proposed acquisition parcel, was
studied in a staff appraisal of the lands.
(A copy of the appraisal... is in the Office
of the State Lands Commission, Sacramento,
and is incorporated by reference herein.)
The value of the land as developable to
its highest and best use (residential)
is $280,000 per acre or $1,680,000 total.
Restricted to park use, its value is $162,221
per acre or $973,330 total. Staff believes
that dae lroposed acquisition parcel would
be a valuable asset to the trust.
LEASE FORMS AND RANGE OF CONSIDERATION:
Section 1(g) of Stats. 1978, ch. 74, allows
the city to lease the filled tidelands,
portions of Parcels A, B, and C, for residential
purposes at fair market rental value as
finished subdivided lots with streets con-
structed and all utilities installed for
a period not to exceed 50 years. Before
any lease is issued, however, the statute
requires that (1) the form of the leases
and (2) the range of consideration be approved
by the State Lands Commission.
The city has made the decision that it
is in its' best interest to so lease all
of the lots within the community of Beacon
Bay. Not all of the lots are on filled
-4
E'CAALEEWC IPA
-rr.
I
0
0 arc 14078 pe 1 442
CALENDAR ITEM NO- 9,,�CONTD)
tidelands, however. Some are located on
adjacent uplands owned by the city in it's
municipal capacity. The Commission is herein
concerned only with the filled tidelands
lots. In this connection, staff has worked
closely with the city to develop forms
for the leasing of the former tidelands
lots. (These forms will also be used in
the leasing of the upland lots.)
The city proposes to lease each residential
lot individually and to lease the common
areas to the Beacon Bay Community Association.
However, the leases cannot begin to run
until January 1988 because of a pre - existing
lease which does not expire until December 31,
1987 ( "Beek Lease "). For this reason, the
city has prepared an "Agreement to Lease,"
running from the date of execution to December
1987, wherein the city will contract with
individual Beacon Bay homeowners to lease
to them beginning in 1988 and for this
promise the city will receive consideration
equal to fair market rental value less
the amount each homeowner must pay under
pre- existing subleases ( "Beek Subleases ").
In the agreement to lease, the Beacon Bay
homeowners will be compensated for entering
into this agreement through recognition
of their "annualized rental advantage."
The leases will run from January 1988 to
July 2006.
In the opinion of staff, the agreement
to lease and lease forms are comprehensive
and equitable and adequately protect the
public interest_ Of particular importance
is the express agreement therein contained
to hold open the common areas on tidelands
to the public.
Fair market rental value has been ascertained
through an appr.ai, sal conducted by George
Hamilton Jones, M.A.I., at the request
of the city. (A copy of the appraisal and
explanatory letters from Mr. Jones dated
May 8, 1981 and lay 20, 1931. are on file
in the Office of the State Lands Commission,
Sacramento and are incorporated herein
1 I
1fAINUTc?AGE - -I
I
BK 14 07 8 PG 1 443
0 0
CALENDAR ITEM v0., 97(CONTD)
by reference.) It should be noted that
the rental increases provided for both
in the agreement to lease and lease will
insure that the rents received by.the city
will always reflect the prevailing real
estate market increases but will never,
decrease below the initial rental which
has as its basis the fair market rental
value of the property as of September 1980.
Staff has reviewed the appraisal and has
found it to be exhaustive, complete and
based oq sound appraisal principles. Exhibit
attached is a list of the fair market rental
value for each tideland lot which will
constitute the net rent to be received
by the city for each lot if an agreement
to lease is entered into on or before July 1,
1981. ( "Schedule of Rents ") Adjustments
to this amount to accommodate, inter alia,
pre - existing Beek subleases, the later
execution of the Agreement to Lease and
transfers of interest will be computed
as provided in the agreement to lease form.
All of the leases will expire on July 1,
2006. The city has determined that greater
land management options will thereby be
available to the city at the expiration
of the residential. leases. It is this concern
for the ability to reconsider uses of the
filled tidelands as well as the uplands
that has also led the city to favor a lease
term of 25 years. The city believes that
a term longer than 25 years is an excessive
commitment to residential use and that
other uses may be more appropriate in the
future. However, the city did study the
advisability of a longer term by computing
the rental income a longer lease term would
provide. This analysis revealed that the
city would receive a 12_4'7 annual increase
in rentals with a 35 -year lease term. When
balanced against the ten years' additional
commitment to residential use, it was determined
not to offset the disadvanC:age. The city
also determined that= the value of present
dollars outwe_-hed the benefits to be derived
from waiting until 1988 to contract with
the Beacon Bay Homeowners. It should be
-6=
CAL`cf!DAR PAi.E �
MINUTE
l
0
0 BK 14078 PG 1444
CALENDAR ITEM N0, 9,r7 (CONTD)
noted that the city charter restricts the
city's ability to contract for a term longer
than 25 years without voter approval.
The transfer of the city owned property
to the trust and the lease forms were approved
by resolution of the City of Newport City
Council on May 11, 1981. Staff considers
these resolutions to be reasonable adminis-
trative and business judgments wherein
the income to the trust is maximized and
yet flexibility as to future land use is
maintained. (Copies of these resolutions
are on file in the Office of the State
Lands Commission, Sacramento, and are herein
incorporated by reference.)
The City will receive approximately $225,000
this year for trust purposes if all parties
execute the necessary documents on or before
July 1, 1981 (and will increase thereafter)
as opposed to the previous annual rental
of approximately $5,311 it is presently
receiving from this property.
EXHIBITS: A. Site Map.
B. List of Effective Net Rent to be Received
by the City for Each Tideland Lot if
the Agreement to lease is Entered into
on or before July 1, 1981. ( "Schedule
of Rents ").
IT IS RECOMMENDED THAT THE COMMISSION:
FIND THAT IN ACCORDANCE WITH THE LEGISLATURE'S FINDINGS
UNDER CHAPTER 74 OF THE STATUTES OF 1978, CERTAIN PORTIONS
OF THE TIDE AND SUBMERGED LANDS GRANTED TO THE CITY
OF NEWPORT BEACH IDENTIFIED HEREIN AS PARCELS A, B,
AND C HAVE BEEN FILLED AND RECLAIMED AS A RESULT OF
A PLAN OF IMPP,OVEMENT OF THE GRANTED TIDE AND SUBMERGED
LANDS.
FIND THAT IN ACCORDANCE WITH THE FINDINGS OF TIME LEGISLATURE
IN aIAPTER 74, STATUTES OF 1.976, PORTIONS OF PARCELS A,
L', AND C, BEING A RELATIVELY SMALL PORTION OF SUCH
GRANTED TIDE AND SUBMERGED LANDS, HAVE BEEN DIVIDED
I: =TO RESIDENTIAL LOTS AND LEASED, AND ARE PRODUCING
INC07E TO SUPPORT THE STATUTORY TRUSTS UNDER WHICH
cALEUCAR PAGii ?
MINUTE PAGE
0
SPK 14 0 7 8 PG 1 445
CALENDAR ITEM 'NO. Z 7 ( CONTD )
SUCH TIDE AND SUBMERGED LANDS ARE HELD BY THE CITY,
AND, EXCEPT FOR THE PRODUCTION OF INCOME TO SUPPORT
SUCH TRUSTS, ARE NO LONGER -REQUIRED OR NEEDED FOR THE
PROI,IOTION OR PURPOSES OF COMMERCE, NAVIGATION, AND
FISHERIES.
3. FIND THAT IN ACCORDANCE WITH THE FINDINGS OF THE LEGISLATURE
IN CHAPTER 74, STATUTES OF 1978, THE RESIDENTIAL LOTS
LOCATED WITHIN PARCELS A, B, AND C, INCLUSIVE, HAVING
BEEN FILLED AND RECLAIMED, ARE NO LONGER SUBMERGED
OR BELOW THE MEAN HIGH TIDE LINE AND ARE NO LONGER
NEEDED OR REQUIRED FOR PURPOSES OF NAVIGATION, COMMERCE,
AND FISHERIES AND ARE FREED OF THE COMMON LAW PUBLIC
TRUST FOR NAVIGATION, COMMERCE, AND FISHERIES UPON
THE RECORDING OF THE DOCUMENT TRANSFERRING THE PARCEL
OF PROPERTY TO THE TRUST DESCRIBED BELOW. SUCH RESIDENTIAL
LOTS MAY CONTINUE TO BE USED FOR THOSE PURPOSES SET
FORTH IN THE EXISTING LEASES AND SUBLEASES OF SUCH
LOTS, BUT SHALL CONTINUE TO BE HELD IN TRUST BY THE
CITY OF NEWPORT BEACH AS PROVIDED BY AND SUBJECT.TO
THE OTHER TERMS AND PROVISIONS OF CHAPTER 74 OF THE
STATUTES OF 1978, AND OTHER LAWS APPLICABLE TO THE
TIDE AND SUBMERGED LANDS INCLUDED IN THE GRANT TO THE
CITY. FURTHE^, SUCH RESIDENTIAL LOTS SHALL BE SO HELD
SUBJECT TO THE CONDITION THAT THE REVENUES DERIVED
FROM THE LEASING OR ADMINISTRATION OF SUCH LOTS SHALL
BE USED AS PROVIDED IN CHAPTER 74 OF THE STATUTES OF
1978_ NOTHING IN THIS ACTION SHALL OPERATE TO TERMINATE
THE PUBLIC TRUST FOR COMMERCE, NAVIGATION AND FISHERIES
OVER THOSE PORTIONS OF PARCELS A, B, AND C WHICH ARE
STREETS, ALLEYS, WALKS, AND BEACHES OF NEWPORT BAY.
4. FIND THAT THE TRANSFER OF THE PROPOSED ACQUISITION
PARCEL TO THE TRUST CREATED BY CHAPTER 74, STATUTES
OF 1978 AS A PREREQUISITE FOR THE RELEASE OF THE RESIDENTIAL
LOTS WITHIN PARCELS A, B, AND C, INCLUSIVE, FROM THE
COMMON LAW PUBLIC TRUST FOR COMMERCE, NAVICAT'ION, AND
FISHERIES IS APPROPRIATE AND IN THE BEST INTERESTS
OF THE PEOPLE OF THE SPATE OF CALIFORNIA TAKING INTO
CONSIDERATION THE SIZE OF THE AREA AFFECTED BY THE
TEI:MINATION, THE TRUST PURPOSES THAT CAN BE ACCOMPLISHED
BY SUCH TRANSFER AND THE VALUE OF THE PROPERTY TO BE
TRANSFERRED (SAID CONSIDERATIONS BEING MORE FULLY SET
FORTH ABOVE) .
APPROVE: THE CITY OF NE4•JPORT Bf ?ACH'S PROPOSAL TO TRANSFER
TO Tlil:: TRUST THAT PARCEL OF REAL PROPERTY REFERRED
TO IIEREIN AS THE "PROPOSED ACQUISITION PARCEL" SHOWN
ON EXHIIBIT "A" HERETO AS FULFILLING THE REQUIREMENTS
CALENDAR PAQ � 1
(Rev. 5/27/81) xMNUTE PAGE -
•
*K 14678P6 1446
CALENDAR ITEM NO. nr (CONTD)
OF CHAPTER 74, STATUTES OF 1978, SECTION 4, THEREBY
FREEING FROM THE COMMON PUBLIC TRUST FOR COMMERCE,
NAVIGATION, AND FISHERIES, THE RESIDENTIAL LOTS LOCATED
WITHIN PARCELS A, B, AND C, WHICH ARE DESCRIBED IN
CHAPTER 74, STATUTES OF 1978, SECTION 6, UPON THE RECORDING
OF AN APPROPRIATE DOCUMENT IN THE OFFICE OF THE COUNTY
RECORDER OF THE COUNTY OF ORANGE.
5. FIND THAT THE CITY OF NEWPORT BEACH IS NOT ENTITLED
TO REIMBURSEMENT FOR THE COST OF ACQUISITTON OF THE
- PROPOSED ACQUISITION• PARCEL AS PROVIDED IN SECTION 2(e)
OF CHAPTER 74, STATUTES OF 1978, SINCE NO COSTS WERE
INCURRED TO THE CITY IN ACQUIRING SAID PARCEL.
7. APPROVE THE CITY OF NEWPORT BEACH'S PROPOSED "AGREEMENT
TO LEASE" AND "LEASE AGREEMENT" FOR THE INDIVIDUAL
PARCELS AND FOR THE COMMON AREAS. (ALL OF THE ABOVE
DOCUMENTS BEING THOSE APPROVED BY THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH ON MAY 11, 1981, WHICH
ARE ON FILE IN THE OFFICE OF STATE LANDS COMMISSION,
SACRAMENTO, AND INCORPORATED HEREIN 'BY REFERENCE).
8. APPROVE THE CITY OF NEWPORT BEACH'S SCHEDULE OF RENTS
AS PROPOSED'IN EXHIBIT "B" HERETO AND APPROVED BY THE
CITY COUNCIL OF THE CITY OF NEWPORT BEACH ON MAY 11,
1981.
9. AUTHORIZE STAFF OF THE COMMISSION AND THE OFFICE OF
ATTORNEY GENERAL TO TAKE ANY AND ALL ACTIONS NECESSARY
TO IMPLEMENT THIS ACTION AND THE PROVISION OF CHAPTER 74
OF THE, STATUTES OF 1978, INCLUDING BUT NOT LIMITED
TO LITIGATION AND EXECUTION OF ALL DOCUMENTS TO ACCOMPLISH
THIS MATTER.
_9_
EE
1
*BK 14078 PG 1 447
_ q t,en ier',
3COSTk MES
-)21"a Ana Heights
■ __ ___. __ PROPOSED ACQUISITION PARCEL;;
y/
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EXHIBIT "A"
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Islartl'
CALENDAR PAGE
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CALENDAR PAGE
rre oe.r.�
bK 14U/0 H3 i 44c5
"EXHIBIT p"
SCHEDULE OF RENTS
DISTRIBUTION BETWEEN TIDELANDS AND UPLANDS
BEACON BAY
LOT
%
X
RENT
RENT
RENT
NO.
TIDELANDS
UPLANDS
TIDELANDS
UPLANDS
TOTAL
A
100
14018.45
14018.45
B
100
12506.85
12506.85
C
100
9020.41
9020.41
1
100
8020.80
8020.80
2
100
` 8825.37
8825.37
3
100
9410.50
9410.50
4
100
10458.87
10458.87
5
100
12238.66
12238.66
6
100
12238.66
12238.66
7
95
5
9611.66
505.88
10117.54
8
50
50
4912.49
- 4912.48
9824.97
9
5
95
541.23
10283.35
10824.58
10
100
10727.06
10727.06
11
100
9020.41
9020.41
12
100
9020.41
9020.41
13
100
9020.41
9020.41
14
100
10312.50
10312.50
15
20
80
2062.52
8250.07
10312.59
16
95
5
8083.00
425.42
8508.42
17
100
8508.42
8508.42
18
100
8508.42
8508.42
19
100
10020.02
10020.02
20
100
8727.84
8727.84
21
.100
8020.80
8020.80
22
100
8020.80
8020.80
E -1
1.00
8020.80
8020.80
E -2
1.00
8020.80
8020.80
E -3
10
3284.33
3284.33
E -4
100
3021.88
3021.88
E -5
85
15
2552.75
450.49
3003.24
E -6
100
2982.91
2982.91
E -7
100
29r-57'76--
E -8
100
3lp ,�.-: g.:C
ex 14078 PG
i 440
•
-2-
Schedule of Rents, contd.
LOT
%
%
RENT
RENT
RENT
NQ•
TIDELANDS
UPLANDS
TIDELANDS
UPLANDS
TOTAL
23
100
3117.98
3117.98
24
100
3380.43
3380.43
25
5
95
169.95
3229.12
3399.07
26
99
1
3383.53
34.18
3417.71
27
100
3436.35
3436.35
28
100
4137.66
4137.66
29
100
«
3459.31
3459.31
30
-100
3551.10
3551.10
31
30
70
1070.92
2498.82
3569.74
32
100
3588_38
3588.38
33
100
3607.02
3607.02
34
100
4454.61
4454.61
35
100
_ 3776.26
3776.26
36
100
3794.90
3794.90
l 37
5
95
178.49
3391.25
3569.74
38
99
1
3552.50
35.88
3588.38
39
100
3607.02
3607.02
40
100
4454.61
4454.61
41
100
3530.76
3530.76
42
100
3794.90
3794.90
43
100
3813.54
3813.54
44
100
3832.18
3832.18
45
15
85
577.62
3273.20
3850.82
46
100
4454.61
4454.61
47
100
3459.31
3459.31
48
100
3774.57
3774.57
49
100
3551.10
3551.10
50
100
3569.74
3569.74
51
100
3588.38
3588.38
52
100
3607.02
3607.02
53
100
4478.99
4478.00
54
100
3344.85
3344.85
55
100
3586.96
35F6.96
56
100
3603.91
3603.91
57
100
3 �- -}p-
5 -1
58
100
3 1 - c:,c<
3y 36 -59
HUT2. Pxf,B
I(
LOT % % RENT
NO. TIDELANDS UPLANDS TIDELANDS
59 100
60 100
61 100
Total 234,874.99
t
RENT
UPLANDS
3515.24
3533.88
4210.80
189,836.19
RENT
TOTAL
3515.24
3533.88
4010.80
424,711.18
ICALENDA.1 ?A-2
k';t J'TE r ACC ._
BK 14078
PG 1450
-3-
Schedule of
Rents, contd.
LOT % % RENT
NO. TIDELANDS UPLANDS TIDELANDS
59 100
60 100
61 100
Total 234,874.99
t
RENT
UPLANDS
3515.24
3533.88
4210.80
189,836.19
RENT
TOTAL
3515.24
3533.88
4010.80
424,711.18
ICALENDA.1 ?A-2
k';t J'TE r ACC ._
econd Church of Christ, Scientist, Newport Beach
3100 PACIFIC VIEW DRIVE
CORONA DEL MAR, CALIFORNIA 92625
April 10, 1981
City Council
3300 Newport Blvd.
Newport Beach, CA.
Dear Friends,
(714) 644 -2617
'II
RECEIVED
CITY CLERK
APR 13 1981r
CITY OF
NEWPORT DEACIt
CALIF. j.
We understand, after a conversation with the Director
of Utilities, that the city has no use for the
triangular plot of ground on Pacific View Drive between
the water reservoir fence and our rear church parking
lot at 3100 Pacific View Drive, Corona del Mar.
We would be interested in purchasing this land, for a
nominal fee, and assume complete responsibility for
its maintenance.
Our purpose in wanting to buy this small piece of
land is for aesthetic reasons only. We feel that in
this way our entire front facing property will be well
cared for and an asset to our community.
Your prompt consideration of
greatly appreciated, as the
and taller.
Sincerely,
�ale2[HIY�I�i�iTiP��
(Mrs.)Pat McLaughlin
Clerk
this matter will be
weeds are growing taller
Date
COPIES SENT TD:
❑ Attorney
❑ Bldg.
❑ GenSery Bit;
❑ Pe 8 R Dir.
❑ Planning Dlr
[3 Police Chief
❑ P.W. Dir
C3 Utha
')
��p w
s Friends of
OASIS, INC.
P.D. Box 829
_ Corona del Mar, CA 92625
April 9, 1981
TO: MEMBERS OF THE CITY COUNCIL
FROM: FRIENDS OF OASIS
SUBJECT- PROPOSED LAND EXCHANGE
RECEIVED
CITY CLERK
APR 14 1981 r
CITY OF
NEWPORT BEACH,
CALIF.
r
With the land appraisal now having been completed,
and a proposal being due from the Irvine Company, it
is important that Friends of OASIS will be party to
any discussions between the City and the Irvine
Company, concerning this land exchange.
In order to secure the most beneficial use of the
property for our 3100 members, it is imperative the
Friends of OASIS be equal partners with the Parks &
Recreation Department in the preparation of any re-
ports which which will be submitted to the Council
for approval.
We would appreciate your written response, indicating
your concurrence with the above procedure.
Richard B.
r;�lijil
A 4
Sweet
Date Ley
CUPIE.S SENTTV,
"ayor
t3 Councilmen
13,Winager
0 Attorney
IJ G dg. Oir.
B &ROir.
p Planning Olt-
E3 Police Chief
O P.W. Dir
❑ Other
'P.A.
I
M,
E
73
MPS ec� °gFpcN, \ rC
LI
$ .) Ig81
My Wl r-,E ��� NLiv l lJ G o�► A
., Lt.� tn1G0+"�
hi" tr,
MtTE l�
RE
cc t Jj, Fr2oM -r++E. ARMSrR 0A* ?&1"'
l.E uM Uit?0204T,4OtiI C4t1TjgAc -r is O A
A D Z, r,0 4 -M T%4 'r
IAiJS,DE.� 40uli mecl$1O14
PI,fAS+E � ARMST/Z0f46 QznJTRACT.
NWAS - raOL`/,
Z5t �t E�ERETr D,t„/�E
CA 41 31,1
Date q —
'D -Y/
COPT'rt v S,Ar
p Go.:..::ilmen
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p Brd" ur.
p (:• new Dir.
gRDir.
G ' ianning Dlr.
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D P.W. Drr
p Other
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RECEIVED CELRX `
?_ 1 98 r
1 1 As Of Oasis A N clly of
ITY OF N WPORT gEACh
BOARD OF DIRECTORS
Richard B. Sweet, President
Norma Gilchrist, First Vice President
Merle Hummel, 2nd Vice -Pres.
Owen Evanson, 'I reasurer
Dorothy Geffeney, Recording Secretary
Boyd Stillings, Corresponding Secretary
Garnet Barrick
Bud Desenberg
Frank Jenkins
Grant Howakl
Merle Hummel
Hazel Klussman
Mary LaNier
Ruth Manifold
Ross Miller
Leo Rachford
.Alex Schvarz
Bob Steffensmeier
lone Stockholm
Dr. Jerome Tobis
Per Trebler
�u O'S ugb essy. Ex� officio
ie�en �nraer
ADVISORY BOARD
Dr. Daniel G. Aldrich
Assemblywoman Marian Bergeson
Agnes Blomquist
William Blurock
Dr. Allen Cottle
Walter Gerken
Mayor Pro -Tern , Evelyn Hatt
Mayor Jackie Heather
Louis Heilig
Edgar R. Hill
Chris Hopper
A. Grant Howald
Vincent Jorgensen
Peter Kremer
Lucille Kuehn
John Macnab
Michael Manahan
Doreen Marshall
Robert McCurdy
Supervisor Thomas F. Riley
James Roosevelt
Paul Ryckoff
Judge Calvin P. Schmidt
Florence Schumacher
Richard Smith
J. Leslie Steffensen
Chutes Wheeler
Robert Wynn
OASIS CENTER
5th and Marguerite
Corona del Mar, California 92625
M
January 22, 1981
TO: Newport Beach City Council
P.O. BOX 829
CORONA DEL MAR, CA 92625
TELEPHONEi 759 -9471
FROM: Board of Directors, Friends of Oasis.
SUBJECT: Land Exchange.
Please be informed that the Board of
Directors of Friends of Oasis is vitally
interested in the exchange of land in the area
of Marguerite Street and Fifth Avenue in
Corona del Mar, now being explored between
the City of Newport Beach and the Irvine
Company.
The property on the northwest corner of
Marguerite Street and Fifth Avenue is of
limited use to Friends of Oasis. Additional
property contiguous to our existing property
would be far more useful.
Date -9/
N SENTM
yor
❑ C cilmen
anager
❑ Attorney
Bldg. Dir.
O GenSery Dir.
OPB &RDir.
❑ Planning Dir.
t7 Police Chief
0 P.W. Dir
❑ Other
,-2,6
Yours truly,
Friends of Oasis.,
President.
OASISS Older Adults Social, Information & Service
P
CITY OF NEWPORT BEACH
AUG 2.i 1980 Office of
By the C:Iii( Q_"CIL CITY ATTORNEY
C", ON HOWT,ORT
August 25, 1980
To: The Honorable Mayor and
Members of City Council Item No. H -2(e)
From: Assistant City Attorney
Subject: Resolution Dedicating Certain City Property
Located Near 1909 West Balboa as Public
Right of Way
The City of Newport Beach owns a parcel of real property that
forms the access to an alley serving residences situated along
West Balboa Boulevard and Court Street, which property is more
accurately described as the shaded parcel on the drawing attached
as Exhibit °A."
This parcel has been the subject of a long standing dispute
between the owners of the property at 1909 West Balboa and 1908
Court Street. According to old staff reports, the property was
pact of a parcel accquired by the City of Newport Beach, in fee,
in 1913 for use as an alley right -of -way. In 1968 the City nego-
tiated the sale of a portion of the original parcel, represented
by the three - sided lot bearing the No. 17, to Audrs Shiff, the
property owner of the adjoining parcel, to be used for parking
purposes. By reason of an error in the description of the prop-
erty to be sold, the entire parcel was transferred. Litigation
was then commenced to reform the deed and, as a consequence, the
shaded parcel was quitclaimed by Mrs. Schiff to the City of New-
port Beach.
We are advised by the property owner at 1908 Court Street that
vehicles are often parked on the parcel owned by Schiff in such a
fashion that they encroach into the property represented by the
shaded parcel and interfere with the alley access. A dedication
of the shaded parcel as a public right -of -way will allow the City
Traffic Engineer to erect signs prohibiting parking on the right -
of -way and permit enforcement of those restrictions by the Police
Department.
Robert H. Burnham
Attachment
() roo 20
0 = .-oo ec,4 L i
n
/6-rm $T.
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CITY OF NEWPORT. BEACH
DRAWN DATE
PUBLIC WORKS DEPARTMENT APPROVED
OCO /CeT /O.V lJ3 �E/QL' /C 2/0�/T - PL
•., o.� waY �:. - . ,D vo.C� �'i4.v of -
L07' /7apLOCe //9�p 9.°'G'7/O.V Nil
tit�Y� aVdw,00ET'C�DC.i/j C<J. DRAWING NO.
I
l..
WORK! DIRECTOR- _ _
R.E. RO. LZ.HB6'
:530 - -5
1
:Q
n
/6-rm $T.
_ v �
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v
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CITY OF NEWPORT. BEACH
DRAWN DATE
PUBLIC WORKS DEPARTMENT APPROVED
OCO /CeT /O.V lJ3 �E/QL' /C 2/0�/T - PL
•., o.� waY �:. - . ,D vo.C� �'i4.v of -
L07' /7apLOCe //9�p 9.°'G'7/O.V Nil
tit�Y� aVdw,00ET'C�DC.i/j C<J. DRAWING NO.
I
l..
WORK! DIRECTOR- _ _
R.E. RO. LZ.HB6'
:530 - -5
AUG 2 0 1980 !/
By the iu if RESOLUTION NO. 9 ;6
Gn of r H
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE DEDICATION OF
CERTAIN CITY -OWNED PROPERTY LOCATED ADJACENT
TO 1909 WEST BALBOA AS A PUBLIC RIGHT -OF -WAY
WHEREAS, the City of Newport Beach is the owner real
property more fully described as follows:
The west 50.00 feet of Lot 17 in Block 119 of
Section A, Newport Beach, in the City of.
Newport Beach, County of Orange, State of
California, as per map recorded in Book 4,
Page 21, of Miscellaneous Maps in the Office
of the County Recorder of said County.
EXCEPT that portion thereof bounded on the
west by the westerly line of said Lot 17,
bounded on the north by the northerly line of
said Lot 17 and bounded on the south by a
curve concave northerly, having a radius of
25.00 feet, being tangent to the southerly
lien of said Lot 17 at the most westerly
corner of said Lot 17; and
WHEREAS, the property constitutes the entrance to an
alley that provides garage access for a number of residences on
Court Street and Balboa Avenue; and
WHEREAS, there has been a continuing dispute over the
parking of vehicles on the property in a manner which interferes
with the right of the general public to use the property for
ingress and egress to residences that adjoin the alley; and
WHEREAS, a resolution of the City Council of the City
of Newport Beach dedicating this property will facilitate the
erection of signs restricting parking on this property and allow
for the enforcement of these parking restrictions,
NOW, THEREFORE, BE IT RESOLVED that the certain real
property hereinbefore described be dedicated as a public right of
way.
ATTEST:
City Clerk
ADOPTED this 25th day of August, 1980.
Mayor
RHB /kv
082080
r
i
• Z • \ � ! 1 �
1979
1(1 September 10, 1979
By the CITY COUNCIL CITY COUNCIL AGENDA
CITY OF N41NP ®RT 46cACH
ITEM NO. H -2(h)
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: QUITCLAIM DEED FOR PORTION OF ALLEY ADJACENT TO BANK OF NEWPORT
RECOMMENDATIONS:
Adopt a resolution authorizing the Mayor and the City Clerk to
execute the quitclaim deed to the Bank of Newport for a portion
of the former alley adjacent to the Bank of Newport.
2. Authorize the City Clerk to have the quitclaim deed recorded in
the office of the County Recorder.
DISCUSSION:
On November 10, 1975, the City Council adopted Resolution No. 8629
ordering the vacation.:of-a portion -of an alley westerly of Lafayette Avenue
between 31st Street and 32nd Street in connection with the Bank of Newport
development.
The alley vacation was a portion of a total action involving the widen-
ing of the 32nd Street right -of -way from 60 feet to 80 feet, the reduction in
width of the alley right -of -way from 30 feet to 20 feet, and the realignment of
the easterly end of the alley.
A recent title search conducted in connection with a Bank of Newport
transaction raised a question regarding a portion of the alley strip which had
been vacated. In order to clarify the title status and confirm the previous
action, the execution of a quitclaim deed is recommended.
A copy of a sketch is attached for reference showing the area involved.
i < �
Benjamin B. Nolan
Public Works Director
Ewe
Att.
v
M
ST
v
PO,eT /ON O.-C �CO,Q/,
TD .BE QU /TG,C A /,
EX /57 AZLEy TO /GF*IA /N
31ST
ST.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Qu/rCLA /NI 100R770N 0/1::'
ALL EY` hV �4LOCie 5,30
L.l1yGA,STER ADDN
AL. 9 Y 1P
v' 7
o
NOT TD SG4 /-E
DRAWN alh . DATE
APPROVED
PUBLIC WORKS DIRECTOR
R.E. NO. —
DRAWING NO.
S E P
By the CITY COUNCIL
:TY OF MaWPC1nT BEACH
E
RESOLUTION NO. 9631
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A QUITCLAIM DEED TO THE
BANK OF NEWPORT FOR A PORTION OF THE ALLEY
ADJACENT TO THE BANK OF NEWPORT
WHEREAS, there has been presented to the City of
Newport Beach a certain Quitclaim Deed wherein the City of
Newport Beach releases to the Bank of Newport a portion of
the alley adjacent to the Bank of Newport; and
WHEREAS, the City Council has reviewed the terms
of said Quitclaim Deed and finds them to be satisfactory and
that it would be in the best interest of the City to execute
said Quitclaim Deed,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the Quitclaim Deed above
described is approved, and the Mayor and City Clerk are
hereby authorized and directed to execute the same on behalf
of the City of Newport Beach.
ADOPTED this 10th day of September , 1979.
Mayor
ATTEST:
City Clerk
HRC /kv
9/5/79
I RECORDING
REQUESTED 8ff
PLEASE RETURN TO Fr
CITY CLERK
CITY OF NEV,PORT BEACH
?3^1 NEV1• 1PORT SOI-J - V,S,PD
NUNPORT BEACH, CALIF. 92663
3735
[TEXEMPT
C4
RESOLUTION No. 9397
73
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA
9:05 A.M. AUG 2 1978
LEE.. A. $RANG', County Recorder
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE
NEWPORT HARBOR YACHT CLUB GUARANTEEING THE
COMPLETION OF PUBLIC IMPROVEMENTS IN BLOCK 5,
EAST NEWPORT TRACT ACCEPTING THE DEDICATION
OF AN ALLEY ACROSS LOT 16 IN SAID BLOCK 5;
AND ORDERING THE VACATION, CLOSING UP AND
ABANDONMENT OF TWO PARCELS OF THE MOST
WESTERLY ALLEY IN SAID BLOCK 5, RESERVING
PUBLIC UTILITY EASEMENTS THEREIN
WHEREAS, the Public Works Director of the City of
Newport Beach has presented to the City Council of the City of
Newport Beach a certain map entitled "Proposed Alley Vacation
in Block 5, East Newport Tract," drawing no. R/W- 5382 -L, of
the Public Works Department of the City of Newport Beach, dated
April 18, 1978, showing two parcels of the most westerly alley
in Block 5 of the East Newport Tract in the City of Newport
Beach which the City is considering vacating, closing up and
abandoning, and which are more particularly described as
follows:.
Parcel "A"
That certain alley 10.00 feet in width
adjoining the westerly line of Lot 13,
Block 5, as shown on the Map of East
Newport Tract recorded in Book 3,
Page 37, of Miscellaneous Maps, in the
office of the County Recorder of
Orange County, California.
Parcel "B"
That certain alley 10.00 feet in width
adjoining the westerly line of Lot 19,
Block 5, as shown on the Map of East
Newport Tract recorded in Book 3,
Page 37, of Miscellaneous Maps in the
Office of the County Recorder of
Orange County, California; and
WHEREAS, the City Council of the City of Newport Beach,
did on May 22, 1978, adopt its Resolution of Intention No. 9339,
declaring its intention to order the closing up and abandonment
BKI2ig4PG 384
of two parcels of the most westerly alley in Block 5, East
Newport Tract, pursuant to the provisions of the "Street Vaca-
tion Act of 1941," and all amendments thereto, being Sections
8300 to 8331 inclusive, of the Streets and Highways Code of
the State of California; and
WHEREAS, the Public Works Director of the City of
Newport Beach has caused to be posted conspicuously along the
lines of said parcels of alley proposed to be vacated, not
more than 300 feet apart, and not less than three in all,
notices of the vacation of said parcels, all of which will more
fully appear.from the affidavit of Joseph T. Devlin, Public
Works Director of the City of Newport Beach, on file in these
proceedings; and
WHEREAS, said notices so posted by said Public Works
Director stated the passage of said Resolution of Intention
No. 9339 aforesaid, and the time and place of the hearing of
all persons interested in or objecting to the proposed vacation
of said parcels; and
WHEREAS, the City Council of the City of Newport Beach
did set Monday, June 12, 1978, at 7:30 P.M. of said day as the
time, in the Council Chamber of the City Council of the City of
Newport Beach, located in the City Hall of the City of Newport
Beach, as the place, for the hearing of all persons interested
in or objecting to the proposed vacation of said parcels; and
WHEREAS, said Resolution of Intention No. 9339 afore-
said has been published at least once in the Newporter Harbor
Ensign, the official newspaper of the City, and said publica-
tion was made more than 15 days prior to the date set for the
hearing of all persons interested in or objecting to the pro-
posed vacation, all of which will more fully appear in the
affidavit of Terrie Crespin, employee of said Newport Harbor
Ensign, on file in these proceedings; and
-2
6K 1 2784 ?c 385
WHEREAS, the Newport Harbor Yacht Club has offered to
dedicate and improve a 10 foot wide alley over a portion of
Lot 16, Block 5, East Newport Tract in consideration for the
vacation of the said two parcels of the most westerly alley in
said Block 5; and
WHEREAS, the Newport Harbor Yacht Club has executed
an agreement guaranteeing to complete public improvements in
said Block 5, and said agreement has been submitted to City
Council for its approval; and
WHEREAS, the City Council has heard the evidence,
both written and verbal, of all persons interested in the vaca-
tion of said parcels of alley in this Resolution more particular-
ly hereinafter described, and finds from all the evidence sub-
mitted that said parcels of alley described in said Resolution
of Intention, and hereinafter described, are unnecessary for
present or prospective public street purposes, and that they
be vacated, closed up and abandoned; and
WHEREAS, the City Council finds that there is need
for permanent easements and rights at any time, or from time to
time, to construct, maintain, operate, replace, remove, and
renew sanitary sewers and appurtenant structures in, upon, over
and across said parcels of alley proposed to be vacated and
pursuant to any existing franchises or renewals thereof, or
otherwise, to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, cables, wires, poles,
and other convenient structures, equipment and fixtures for the
operation of telegraphic and telephone lines, and for the
transportation or distribution of electric energy; and
THEREFORE, the City Council orders that there is
hereby reserved and excepted from the vacation of said parcels
of alley, easements for public utility purposes, and that said
parcels of alley are hereby vacated.
The City Council further orders that the City Clerk
of the City of Newport Beach shall cause a certified copy of
-3-
5� 1 2784p 386
this Order, duly attested by her as the City Clerk, under the
seal of the City, to be recorded in the office of the County
recorder of the County of Orange, State of California, immediately
following the passage of this Resolution.
ADOPTED this 11th day of July 1978.
_Neayor
A 711E A "RRECf COPY
1 �7✓� DDO /cr
h OVY C[lFK CG9jNE C;7Y Of NEWppRfOEACN �° 7/5/78
am
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A 711E A "RRECf COPY
1 �7✓� DDO /cr
h OVY C[lFK CG9jNE C;7Y Of NEWppRfOEACN �° 7/5/78
am
Q
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11
8TH' STREET
Q
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i,r< 12784n 387
pr60,
7TH' srREET
P.4.PCEL "A" TO BE o4C.4TE0.'
E PA.PCEL 'B' TO 6tE YACATEO
CITY OF NEWPORT BEACI
PUBLIC WORKS DEPARTMENT
ALLEY V 4CAT /ON
BLOCK 5
EAST NFW,00RT TRACT
DRAWN GL4 DATE Q'/B-ZlB
APPROVED
4S4T PUBLIC WORKS DIRECTOR
R.E. NO. 12805
DRAWING NO.JP1%V: _S -�R� °�
IlZ
b
L
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26 6
240
Q
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pr60,
7TH' srREET
P.4.PCEL "A" TO BE o4C.4TE0.'
E PA.PCEL 'B' TO 6tE YACATEO
CITY OF NEWPORT BEACI
PUBLIC WORKS DEPARTMENT
ALLEY V 4CAT /ON
BLOCK 5
EAST NFW,00RT TRACT
DRAWN GL4 DATE Q'/B-ZlB
APPROVED
4S4T PUBLIC WORKS DIRECTOR
R.E. NO. 12805
DRAWING NO.JP1%V: _S -�R� °�
Newport Beach City Council
City Hall
Newport Beach, California
Dear Council Members:
WEST BUILDING -EAST SIDE ENTRANCE
MEREDITH FINANCIAL CENTRE
17782 EAST 17T" STREET
TUSTIN' CALIFORNIA
AREA CODE 714
TELEPHONE 532-2474
Re: Proposed purchase of land between Newport
Beach and Laguna Beach
This letter is being written to give you correct information
in the above matter. The federal National Park Service, by a
man in San Francisco, has stated that this coastal property
can be bought at a price cheaper than $10,000.00 per acre.
I have lived in Orange County 27 years and know the price of
land at this time and it would be impossible to buy this land
for even $100,000.00 per acre.
The whole idea is absurd when Camp Pendleton is immediately
adjacent to the south Orange County line and is already owned
by the Federal Government and could easily have the north 250
thereof converted to a public park without having to buy it.
Acquisition of beaches for the public and ingress and egress
points where people are charged to come in to pay for the
maintenance is a good idea. Free public beaches with no charge
for parking or anything results in total vandalism. The City of
Newport Beach spent $300,000.00 this year in maintaining City
beaches for the general public to use. The figure paid by the
County of Orange for their beaches in vandalism is probably
ten times higher than this.
Let's locate new parks on already owned federal land and not
take more money off Orange Couny's tax rolls and place the
burden on us poor tax payers.
Thank you for your time and consideration.
Cordially
!l. l
N. H. Sme
NHS /kn
P.S. My home is in Newport Beach,
/
aard
t
r
�.rl.r STN
N.T..
has been for 24 years.
Evil
q -7.V
LAW OFFICES OF
Norm uu
an 11. Smede6aard
NORMAN H. SMEOEGAARO
P. O. BOX 11564
OF COUNSEL
SANTA ANA, CALIFORNIA 92711
PAUL COOKSEV
CAL H. COLEMAN
September 2/ 1977
JAMES M. MARTIN
JAMES M. MARTIN
OAVIO COOKS Ev
MORRIS J. SORENSON
ROBERT E. PEARSON
(v��
WALTER MONARCH
ROBERT L.TOOLEN
Newport Beach City Council
City Hall
Newport Beach, California
Dear Council Members:
WEST BUILDING -EAST SIDE ENTRANCE
MEREDITH FINANCIAL CENTRE
17782 EAST 17T" STREET
TUSTIN' CALIFORNIA
AREA CODE 714
TELEPHONE 532-2474
Re: Proposed purchase of land between Newport
Beach and Laguna Beach
This letter is being written to give you correct information
in the above matter. The federal National Park Service, by a
man in San Francisco, has stated that this coastal property
can be bought at a price cheaper than $10,000.00 per acre.
I have lived in Orange County 27 years and know the price of
land at this time and it would be impossible to buy this land
for even $100,000.00 per acre.
The whole idea is absurd when Camp Pendleton is immediately
adjacent to the south Orange County line and is already owned
by the Federal Government and could easily have the north 250
thereof converted to a public park without having to buy it.
Acquisition of beaches for the public and ingress and egress
points where people are charged to come in to pay for the
maintenance is a good idea. Free public beaches with no charge
for parking or anything results in total vandalism. The City of
Newport Beach spent $300,000.00 this year in maintaining City
beaches for the general public to use. The figure paid by the
County of Orange for their beaches in vandalism is probably
ten times higher than this.
Let's locate new parks on already owned federal land and not
take more money off Orange Couny's tax rolls and place the
burden on us poor tax payers.
Thank you for your time and consideration.
Cordially
!l. l
N. H. Sme
NHS /kn
P.S. My home is in Newport Beach,
/
aard
t
r
�.rl.r STN
N.T..
has been for 24 years.
Evil
q -7.V
Newport Beach City Council
City Hall
Newport Beach, California
Dear Council Members:
WEST BUILDING -EAST SIDE ENTRANCE
MEREDITH FINANCIAL CENTRE
17782 EAST 17T" STREET
TUSTIN' CALIFORNIA
AREA CODE 714
TELEPHONE 532-2474
Re: Proposed purchase of land between Newport
Beach and Laguna Beach
This letter is being written to give you correct information
in the above matter. The federal National Park Service, by a
man in San Francisco, has stated that this coastal property
can be bought at a price cheaper than $10,000.00 per acre.
I have lived in Orange County 27 years and know the price of
land at this time and it would be impossible to buy this land
for even $100,000.00 per acre.
The whole idea is absurd when Camp Pendleton is immediately
adjacent to the south Orange County line and is already owned
by the Federal Government and could easily have the north 250
thereof converted to a public park without having to buy it.
Acquisition of beaches for the public and ingress and egress
points where people are charged to come in to pay for the
maintenance is a good idea. Free public beaches with no charge
for parking or anything results in total vandalism. The City of
Newport Beach spent $300,000.00 this year in maintaining City
beaches for the general public to use. The figure paid by the
County of Orange for their beaches in vandalism is probably
ten times higher than this.
Let's locate new parks on already owned federal land and not
take more money off Orange Couny's tax rolls and place the
burden on us poor tax payers.
Thank you for your time and consideration.
Cordially
!l. l
N. H. Sme
NHS /kn
P.S. My home is in Newport Beach,
/
aard
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has been for 24 years.
Evil
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CITY OF NEWPORT BEACH
April 25, 1977
COUNCIL AGENDA NO.H -7(bl
TO: MAYOR AND CITY COUNCIL
FROM: Off- Street Parking Committee
SUBJECT: PURCHASE OF FORMER NEWPORT HARBOR ART MUSEUM PROPERTY FOR AN
OFF- STREET - PARKING LOT
DISCUSSION:
The Off- Street Parking Committee has been requested to consider
the purchase of property formerly occupied by the Newport Harbor Art
Museum in the McFadden area to be used as a municipal off - street parking
lot. The Off- Street Parking Committee has met twice on this subject and
has made the following determinations:
1. The property size is 17,000 square feet and has dimensions
of 95' x 191.7' x 98.3' x 166.2'.
2. The property is listed for $400,000, with a request of
32% down payment ($128,000) and the balance over a five
year period with an interest rate to be negotiated.
3. The property, after existing structures are removed,
could accommodate between 45 and 48 parking stalls.
(See attached Exhibit A and Exhibit B)
4. The projected revenue, if the lot is metered, would
be from $6,800 to $7,200, depending upon whether 45
or 48 stalls are provided. This figure is based on
the fact that the parking meters in the McFadden area
are averaging $150,00 per meter per year.
5. The Off- street Parking Fund for the McFadden area cur-
rently contains a cash balance of $80,715.
RECOMMENDATION:
The Off - Street Parking Committee recommends that the City not
purchase the subject parcel at this time, but consider alternate parking
facilities that may be provided on public property in the McFadden area.
J. PETER BARRETT, Chairman
Off- Street Parking Committee
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By 1-ka 1`11-f w ,v
CITY Of NAWPORT 6 ACh
16 November 1976
Newport
Harbor
Art
Museum
The Honorable Milan M. Dostal
Mayor
City Hall
Newport Beach, California 92660
Dear Mayor Dostal and Councilmen:
0
dam—
May I respectfully request that the following items of Museum business
be placed on the 22 November 1976 City Council meeting agenda to
consider the waiver of construction or related fees for the Newport
Harbor Art Museum, 850 San Clemente Drive, Newport Beach, as follows:
initial plan check fee $ 597.15
additional plan check fee 186.75
building permit fee 1206.00
grading fee 305.00
water capital improvement acreage fee 2016.00
Thank you for your consideration of this matter.
Un cerel y,(�,.
t b au a
n C. Deane
President
Board of Trustees
Newport Harbor Art Museum
BCD /jh
F-5-
2211 West Balboa Boulevard. !Newport Beach. California 92660. Telephone 714:675 -3866
TO: i0V 2 fF00E WYNN, CITY MANAGER
By the C Tr`�' CO iqi `JL
FROMc1Ty Or pi gl94cAdministrative Assistant to the City Manager
SUBJECT: ORANGE COUNTY MUSEUM REPORT
The following is a survey of several cities in Orange County asking whether
their city has granted financial support or provided General Services to a
Non - Profit Cultural Center or an Art Museum.
1. ANAHEIM
Patsy Ray
Parks Department
Anaheim Cultural Art Center
The cultural Committee has been budgeted in the past by the City of Anaheim
for the amount of $27,558.00 for Administration purposes. This entails money
for a full time employee and supplies. The Building is owned by the City and
consequently maintained by the City's General Services/ Parks Department.
The City of Anaheim has not given any financial Support in the way of Federal
Grant monies to the Cultural Center, nor have they financed any performances
or visual art showings.
2. BREA
Mrs. Ferrell
Community Services
The City of Brea has no Cultural Center or Art Museum at this time.
3. BUENA PARK
Olive, secretary
Community Services
James Estates
The Historical Society of Buena Park has refurbished and restored a historical
home in the city. The James Estate is owned by the City and consequently it
receives all maintenance privileges attached to City buildings.
4. COSTA MESA
Chuck Rust
Park and Recreation Department
Estancia Adobe
The Museum is City owned property - all services are absorbed by the City.
The Museum employs a part time retired man who conducts week -end tours
s
-2-
u
from 12 - 5 or by special appointment. 90% of the artifacts are not city
property. The City Historical Society arranges for any curating when needed.
The museum obtains their funds through private donations.
5. CYPRESS
Linda Robinson
:,Bob Meyer
Parks Department
Cypress Community Center Museum
The facility is owned by the City of Cypress, consequently all services
are absorbed by the City and paid through the Parks Department Budget.
The Museum employes one person.
The City of Cypress works in conjunction with the various high schools
and Cypress College for any Theatre and Musical Performances.
6. FULLERTON
Parks Department Director
The Mukenthalar .Center.
The Parks Department of Fullerton inherited the Mukentharlar Center
which was an old Fullerton Home that was converted into a Museum. The
City gives approximately $100,000.00 for the running of said Center. This
amount does not totally support the Center however. Approximately $12,000.00
to $15,000.00 is collected from donations. The Mukenthalar Center is run
jointly in programs with Cal State Fullerton.
The Center is owned by the City and therefore entitled to City Services.
7. GARDEN GROVE
Dorothy
Human Services
Millshouse
Operated and owned by the City of Garden Grove. Employs: personnel.
8. HUNTINGTON BEACH
Sandy Bolmer
Milly Scragg
Parks Beach and Recreation
Library Art Museum
L
Newland House
Property and structure was donated to the City of Huntington Beach. All
services are carried out by the City. City employs personnel.
9. IRVINE
Sue Umshine
Parks Department
No facility at this time.
10. LAGUAN BEACH
Adele Sweetser
City Managers Secretary
Secretary of Laguna Museum
Laguna Museum of Art
The City Council of Laguna Beach donates approximately $3,000.00 yearly toward
the Museum's maintenance. All other services, ground keeping and utilities
are performed separatly from the City and through additional Donations. No
employees, strickly volunteer with the exception of Curator.
11. LOS ALAMITOS
Brock Arner
Human Services
Los Alamitos Historical Society Museum
City owned property but run and operated by a separate citizen body. The
center maintains their own utilities, however the City supplies them with
General Service privileges. Each year the City Council sets aside a fund
of $5,000.00 for building upkeep and building improvements.
12. ORANGE
Martha McEwan
City Manager's Secretary
No Museum at this time however, the City is contemplating purchasing a
historical home in the area.
13. SAN CLEMENTE
Marcy Erickson
City Manager's Secretary
San Clemente Historical Society Museum
6 - Sj
s e
-4-
The Museum is entirely owned and operated by the Historical Society.
The land on which the building is located was given a 3 year lease
free contract by a local merchant. The City of San Clemente gives no
financial or City service support.
14. SAN JUAN CAPISTRANO
Administration Office
San Juan Capistrano Mission Museum
The City does not support it in any way.
15. SANTA ANA
Riely Roads
Bowers Museum Director
Bowers Museum
This museum is a department of the City. They obtain approximately $200,000.00
from the tax Dayers. Citizens raise money for aquisition of paintings through
one or two activities a year. The Bowers Museum supports 140 volunteers.
It employs: three regular city employees
two Custodians
one Gardner
The Parks Department budget pays for custodial work and landscaping.
16. SEAL BEACH
Administration office
No City Museum at present. Referbishing an old historic site, however not
City owned and not granted any City funding through Council.
17. STANTON
No Museum at this time
18. TUSTIN
Administration Office
Tustin Museum
Museum has been made from the old Police Station, therefore it is City owned.
Since it is very new there has been no City Council action for funding up to
this date.
G 9d
� s
19. VILLA PARK
No Museum at this time.
20. WESTMINISTER
Mr. Terry
No Museum but the City does have an old historic home. The O'Hare House
has been run by the Historical Society of Westminister.
21. YORBA LINDA
Administration Office
Richard Nixon Home
G ` 9r
•
October 20, 1976
Mayor Milan Doscal
Newport Beach City Hall
Newport Boulevard
Newport Beach, California
Dear Mayor.Doscal:
Newport Harbor
Art Museum
n
i
-'
OCT 211976�.�
y Mayor J
\�Ciry, of Newpart �/
/� -4er�/
May I express my appreciation to you and the other Councilmen
for the opportunity to speak to the Council last Tuesday. My
request for a waver of certain city fees for the construction of
the new museum, reflects my hope that the city leaders appreciate
the important cultural addition we are making to the area. Any
assistance the council can agree to at this time would not only
represent a savings to the museum, but more importantly reflect
to the membership and town a broad community acceptance that
the museum construction is receiving during this very critical
period.
The membership has over the past 15 years, dedicated itself to
an excellence that has certainly been the basis for our major
expansion of the facilities and program.
Thank you again for the consideration of these matters and at the
appropriate time I will resubmit to the Council a request for
consideration of a refund on the fees relating to the construction
period.
Thank you again for giving this matter your consideration.
Sincerely,
/rvey W
Director
HW /cr
2211 West Balboa Boulevard, Newport Beach. California 92660. Telephone 714: 675-3866
11
February 14, 1977
CITY COUNCIL AGENDA
ITEM NO. H -2 (a)
TO: CITY COUNCIL
FROM` Public Works Department
SUBJECT: QUITCLAIM DEED FOR CITY OF NEWPORT BEACH WATER AND SEWER LINE
EASEMENTS, RESUBDIVISION NO. 499
LOCATION: Bullock's Wilshire Site in Newport Center
SUBDIVIDER: THE IRVINE COMPANY
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to execute a
quitclaim deed for the water and sewer line easements over Parcels l and 2 as shown
on a map filed in Book 75, Page 48 of Parcel Maps, County of Orange, State of
California.
DISCUSSION:
On September 18, 1975, the Planning Commission conditionally approved
Resubdivision No. 499. The conditions of approval included (1) that the existing
water, sewer and storm drain lines within the project area be relocated as neces-
sary and (2) that easement rights for the relocated water, sewer and storm drains
be provided.
The utility facilities have been relocated and are in service. Ease-
ments have been provided for the relocated sewer and water lines. Accordingly,
it is recommended that the City quitclaim their interest in the water and sewer
lines over Parcels 1 and 2 as shown on the attached sketch.
Joseph T.�Devlin
Public ks Director
ABD:jd
Att.
Otto molrrm
Jewer — — —
w'Q rEc — —
#OrE:
THE (OOel9llvqr65 RA(v 6EAelm65
USED Reeeom fla AlEwpoer
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OW THE AJOR OF 5,910 re. No 60/5.
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THE IRVINE COMPANY . . ... : NEWPORT CFAIrEAF
M, .1, llec ME .� z
l!lE 4?41jrCj41A4 Fcar
$50 NEWPORT CENTER DRIVE • (714) 644 3011
NEWPORT BEACH, CALIFORNIA 92660 ic 6,z5-76 C Nv..Lq
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By :d
C'7y +7 1vr�+KJRI .ul
RESOLUTION NO. �- �J-
C]
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A QUITCLAIM DEED
FOR WATER AND SEWER LINE EASEMENTS OVER
PARCELS 1 AND 2 RESUBDIVISION NO. 499
(BULLOCK'S WILSHIRE SITE IN NEWPORT CENTER)
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a Quitclaim Deed for existing
water and sewer line easements in the "Bullock's Wilshire Site
in Newport Center" submitted by The Irvine Company, located
over Parcels 1 and 2, Resubdivision No. 499; and
WHEREAS, the City Council has considered the Quitclaim
Deed and finds it to be fair and equitable and in the best
interests of the City; and
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Quitclaim Deed above
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ADOPTED this 14th day of January , 1977
Mayor
ATTEST:
City Clerk
DDO:yz
2/11/77
Adig
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH ACCEPTING A GRANT DEED FROM
THE ESTATE OF LOUIS R. BENNY FOR PROPERTY AT
SUPERIOR AND INDUSTRIAL WAY, CITY OF COSTA
MESA
WHEREAS, there has been delivered to the City of
Newport Beach a certain grant deed dated
wherein the Co- Executors of the Estate of Louis R. Benny
grant to the CITY of NEWPORT BEACH the following described real
property in connection with the Superior Avenue and Industrial
Way acquisition:
"PARCEL 1
Northwesterly 150 feet of the southwesterly half
of Lot 11 of Newport Heights, as shown on a map
recorded in Book 4, Page 83, of Miscellaneous
Maps, records of Orange County, California.
Excepting therefrom that portion of the 60 feet
right -of -way (Industrial Way) lying within said
parcel described in the deed to Orange County
recorded April 26, 1949, in Book 1385, Page 68
of official records.
The southeasterly line of the said parcel being
parallel with and 150 feet southeasterly of the
southeasterly line of Newport Avenue as shown on
said map of Newport Heights.
PARCEL 2
All that portion of the northeasterly half of the
15th street lying between the southwesterly ex-
tension of the southeasterly and the northwesterly
line of Parcel 1, above described, abandoned by
order of the Board of Supervisors of Orange County
on April 18, 1950, a certified copy of the said
order being recorded April 21, 1950, in Book 2002,
Page 308 of official records."
WHEREAS, it is in the best interest of the City to
accept said grant deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said grant is hereby accepted, and
-1-
the City Clerk is authorized and directed to execute and attach
thereto a certificate of acceptance and consent to its recording
and to cause said document to be recorded in the Office of the
Orange County Recorder.
ADOPTED this 26th day of October , 1976.
Mayor
ATTEST:
City Clerk
DDO /bc
10/20/76
rye " °r
Zs �a
ACT lig7¢
If
ADDITIONAL BUSINESS — J -1
By -%a QfY COUNCIL
CITY 0;: i0wsQFtT QQACH
_M_O_T_I 0_N_
MOVE TO AUTHORIZE THE ACTING CITY MANAGER TO
PURCHASE THE PROPERTY AT SUPERIOR AND INDUSTRIAL WAY FOR
SIXTY —FIVE THOUSAND DOLLARS ($65,000.). (10% DOWN, WITH THE
BALANCE TO BE PAID AT THE CLOSE OF ESCROW) AND TO FURTHER
AUTHORIZE THE ACTING CITY MANAGER TO EXECUTE THE ESCROW
INSTRUCTIONS AND ANY FURTHER DOCUMENTATION NECESSARY TO CON-
SUMMATE THE TRANSACTION. ESCROW COSTS TO BE PAID IN THE
MANNER WHICH IS CUSTOMARY IN THE INDUSTRY.
u
i May 24, 1976
CITY COUNCIL AGENDA
ITEM N0. G -4
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: 32ND STREET PROPERTY EXCHANGE
RECOMMENDATIONS:__.
Approve in concept the property exchange with the
Southern Pacific Land Company on the basis that the
parcels are of equal value, and direct the staff to
prepare the necessary deeds and agreements.
2. Direct staff to budget over a three year period a
transfer from the Off- Street Parking Meter Fund to
Gas Tax Fund a sum of $133,000 to purchase Parcel
for parking purposes.
DISCUSSION: -- - -- - - -- -- — .
On April 28, 1975 the Council authorized the staff to negotiate a
property exchange with the Southern Pacific Land Co. and William Cagney for
the following property:
(A) From the City to S.P. and Cagney - Parcels "F" and "H"
(B) From S.P. and Cagney to the City - Parcels "X" and "Z"
These parcels are shown on the attached sketch.
An agreement between the City staff and the Southern Pacific Land
Co. (S.P.) staff has been reached on the basis that the two City parcels and
the two S.P. parcels are of equal value and should be exchanged without
monetary consideration. This concept will have to be approved by the City
Council and Southern Pacific management.
The appraiser, George H. Jones, MAI, retained by the City determined
the value of the parcels as follows:
City Owned
Parcels
S.P.
Owned Parcels
Parcel "F"
_ $ 96,500
Parcel "X"
= $ 54,500*
$ 70,000 **
Parcel "H"
- 104,000
Parcel "Z"
= 133,000
133,000
Total
200,500
Total
187,500*
203,000 **
*The appraiser assumed that the larger remainder S.P. Parcel could
be developed with 4,000 Sq.Ft. R -2 lots. Most R -2 lots in the
vicinity are 2,000 to 3,000 Sq.Ft.
* *The appraiser assumed that the larger remainder S.P. Parcel could
be developed with 5,000 Sq.Ft_ R -2 lots. 5,000 Sq.Ft. is the
minimum lot area allowed for R -2 by the code without a variance.
3s
May 24, 1976 • •
Subject: 32nd Street Property Exchange
Page 2
The value of the S.P. parcels is 6% below the City parcels in one case and
1% above in the other case. Since present trends are for reduced density it
is assumed that the higher value for the S.P. parcels is the appropriate value
to use. The total area of City owned parcels "F" and "H" is 19,672 Sq.Ft. and
the total area of S.P. owned parcels is 20,750 Sq.Ft.
Some background information on the exchange and the way the parcels
were chosen follows:
When 32nd Street was widened between Balboa Boulevard and Newport
Boulevard, whole lots were acquired to avoid large severance damage costs.
Not all of the property acquired was needed for the street widening and two
excess parcels were created. The parcels are indicated as Parcels "F" and
"H" on the attached sketch.
Since these parcels were purchased with State Gas Tax Funds this
property must be exchanged for property to be used for street purposes or
sold, with the revenue generated being deposited in the gas tax fund.
The Market Basket site adjacent to Parcels "F" and "H" is owned by
the Southern Pacific Land Co. with a master lease to William J. Cagney. Both
of these parties have contacted the City and requested that the City exchange
Parcels "F" and "H" for other property they own in the area. Two parcels
suggested for the exchange are shown as Parcels "X" and "Z ".
Parcel "X" is a portion of the right of way needed if 32nd Street
were extended from Balboa Boulevard to meet an extension of Seashore Drive.
Parcel "Y" is the remainder of the needed right of way and it is assumed that
this parcel would be dedicated to the City as a condition of the development
of the adjacent vacant land. Until development occurs a 10' wide pedestrian/
bikeway could be constructed on Parcel "X ". Parcel "X" would be considered
as future street right of way and therefore an acceptable use of the property
acquired with gas tax funds.
Parcel "Z" is a good location for a City parking lot. It would be
an extension of the existing strip parking lot along Newport Boulevard begin-
ning at 28th Street. 25 to 28 parking places could be constructed on this
site. The site is situated so that it could be of benefit to the Cannery
Village area.
Since the purchase of right of way for parking purposes is not an
acceptable gas tax expenditure, the gas tax fund would have to be reimbursed
for the value of the parcel. It is recommended that the off - street parking
fund be used to repay the gas tax fund. The value of Parcel "Z" was appraised
at $133,000.
The estimated off - street parking fund balance on July 1, 1976 is
$61,000 with a revenue of $44,000 projected for the year. The following three
year fund transfer is suggested to repay the Gas Tax Fund:
January 1, 1977 transfer $61,000
January 1, 1978 " 36,000
January 1, 1979 " 36,000
`1011� Total Transfer 133,000
Joseph T. Devlin
Public Works Director
Att. DW :hh
VN
93
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25
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32ND STREET PROPERTY EXCHANGE
MAY 1976
April 28, 1975
"'STUDY SESSION AGENDA
ITEM NO. 9
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: 32ND STREET - PROPERTY EXCHANGE
RECOMMENDATIONS:
Authorize the staff to negotiate a property exchange
with the Southern Pacific Land Co. and William Cagney
for the following parcels:
(A) From City to S.P. and Cagney - Parcels "F" and "H ".
(B) From S.P. and Cagney to City - Parcels "X" and "Z"
(see the attached sketch).
2. Authorize the staff to retain an appraiser to determine
the fair market value of the various parcels.
DISCUSSION:
When 32nd Street was widened between Balboa Boulevard and
Newport Boulevard, whole lots were acquired to avoid large severance
damage costs. Not all of the property acquired was needed for the street
widening and two excess parcels were created. The parcels are indicated
as Parcels "F" and "H" on the attached sketch.
Since these parcels were purchased with State Gas Tax Funds this
property must be exchanged for property to be used for street purposes or
sold, with the revenue generated being deposited in the gas tax fund.
The Market Basket site adjacent to Parcels "F" and "H" is owned
by the Southern Pacific Land Co. with a master lease to William J. Cagney.
Both of these parties have contacted the City and requested that the City
exchange Parcels "F" and "H" for other property they own in the area.
Tentative discussions have proposed that the property be exchanged on a
square foot for square foot basis. Two parcels suggested for the exchange
are shown as Parcels "X" and "Z ".
Parcel "X" is a portion of the right of way needed if 32nd
Street were extended from Balboa Boulevard to meet an extension of Seashore
Drive. Parcel "Y" is the remainder of the needed right of way and it is
assumed that this parcel would be dedicated to the City as a condition of
the development of the adjacent vacant land. Until development occurs a
10' wide pedestrian /bikeway could be constructed on Parcel "X". Parcel "X"
would be considered as future street right of way and therefore an accept-
able use of the property acquired with gas tax funds.
0
April 28, 1975
Subject: 32nd Street - Property Exchange
Page 2
Parcel "Z" is a good location for a City parking lot. It would
be an extension of the existing strip parking lot along Newport Boulevard
beginning at 28th Street. 25 to 28 parking places could be constructed on
this site. The site is situated so that it could be of.benefit to the
Cannery Village area.
Since the purchase of right of way for parking purposes is not
an acceptable gas tax expenditure, the gas tax fund would have to be
reimbursed for the value of the parcel. It is suggested that the parking
fund for this area be used to repay the gas tax fund. The value of Parcel
"Z" is probably $80,000 to $100,000.
If it is not desired at this time to acquire Parcel "X" for future
extension of 32nd Street and Seashore Drive, Parcel "H" could be traded for
Parcel "Z" since they have approximately equal area.
Should the Council desire to pursue this land exchange, it is
requested that the staff be authorized to retain an appraiser to determine
the fair market value of the various parcels to be traded. In 1971 Parcels
"F", "H ", and a parcel slightly larger than Parcel "X" and "Y" combined
were appraised. This appraisal could be updated and modified. A new
appraisal of Parcel "Z" will be required. The appraisal can be funded
from the budget gas tax project for "Acquire Right of Way for Street
Widening Projects ".
�loseph(T.I Devlin
Lublic erks Director
NLW:hh
Attachments for Council members only
0
See file for
Map Showing Property Exchange for
32nd Street Widening from
Seashore Drive to Newport Boulevard
0
CITY OF NEWPORT BEACH
CALIFORNIA 916a
city Hall
3300 Newport Blvd.
(714) 673 -2110
November 14, 1975
Jonathan Lehrer - Graiwer
Attorney at Law
Western Center on Law and Poverty, Inc.
1709 West 8th Street
Los Angeles, California 92660
Re: Mr.. Michael Weagley
Dear Mr. Lehrer - Graiwer:
Your letter to the Newport Beach City Council dated
November 3, 1975, relating to a request by
Mr. Michael Weagley for relocation assistance, was
considered by that body on November 10 and referred
to this office for reply.
The City Council denied Mr. Weagley's request based
on the grounds that the District Court of Appeal has
ruled that he was not a displaced person under the
facts and the law in the case, and therefore not
entitled to any relocation benefits. Accordingly,
it would be an unlawful gift of public funds to
make any payment to Mr. Weagley in light of the clear
fuling by the Appellate Court in this matter.
DDO:mh
cc: City Clerk/1"
David R. Baade
Very truly yours n
Dennis D. O'Neil
City Attorney
11
r
id�V 1� 1975'
y {'11,3 CITY.6oUNCIL
�1i(S�elwi4'L�da e��I ]��
EXECUTIVE ODMCMR
ROULYN M. CHAPMAN
ASSOCIATE DIRECMII
• 0
WESTERN CENTER ON LAW AND POVERTY, INC.
1709 WEST 8th .STREET
LOS ANGELES, CALIFORNIA 9OD17
TELEPHONE (213) 483 -1491
November 3
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
GORDON a. DIXON
ADMINISTRATOR
3 (74
On July 22, 1975, Mr. Michael Weagley submitted
to Mr. Joseph T. Devlin, Public Works Director, a claim for
the payment by your City of relocation benefits to which
he is entitled under California Government Code §§ 7260,
et seq. (Exhibit A attached hereto.) On August 4, 1975,
PAT. David R. Baade responded that the City's position is
that Mr. Weagley is not entitled to relocation benefits.
Since Mr. Baade is special counsel to your City I would
have thought his answer was determinative of the claim as
far as the City is concerned. I3owever, after a discussion
with Mr. Baade, we mutually agreed that Mr. Weagley should
appeal the determination contained in Mr. Baade's letter to
the City Council. Consequently, Mr. Weagley hereby appeals
such determination and requests that you provide him with
relocation benefits under the provisions of Gov. C. § 7260,
et se q. as a displaced person within the meaning of Gov.
C. 57260(c). The basis for this claim is contained in the
letter to Mr. Devlin (Exhibit A).which is incorporated
herein, plus the following additional grounds.
In his response of August 4, 1975, Mr. Baade
asserts that "Mr. Weagley's departure from the subject prop-
erty does not come within the intent of [Government Code
§7260(c)] because "Nis move was brought about by his
failure to pay" the rent requested by the City. This posi-
tion is erroneous.
First, let us recognize that prior to the City's
acquisition of the subject property, Mr. Weagley had been
living under an agreement which provided him with a rent
free.apartment in exchange for his maintenance services
which the City has valued at $35 /mo. (See letter to Mike
Weagley, dated August 30, 1973, by lion Webb, Cooperative
Project Engineer.) Soon after the City acquired the property,
it notified Mr. Weagley in the same August 30, 1973 letter
LEGISLATIVE INFORMATION CENTER: Brian Paddock, Director
1900 K Street, Suite 200 - Sacramento, CA 95814 - (916) 442.0753
i
3 (74
On July 22, 1975, Mr. Michael Weagley submitted
to Mr. Joseph T. Devlin, Public Works Director, a claim for
the payment by your City of relocation benefits to which
he is entitled under California Government Code §§ 7260,
et seq. (Exhibit A attached hereto.) On August 4, 1975,
PAT. David R. Baade responded that the City's position is
that Mr. Weagley is not entitled to relocation benefits.
Since Mr. Baade is special counsel to your City I would
have thought his answer was determinative of the claim as
far as the City is concerned. I3owever, after a discussion
with Mr. Baade, we mutually agreed that Mr. Weagley should
appeal the determination contained in Mr. Baade's letter to
the City Council. Consequently, Mr. Weagley hereby appeals
such determination and requests that you provide him with
relocation benefits under the provisions of Gov. C. § 7260,
et se q. as a displaced person within the meaning of Gov.
C. 57260(c). The basis for this claim is contained in the
letter to Mr. Devlin (Exhibit A).which is incorporated
herein, plus the following additional grounds.
In his response of August 4, 1975, Mr. Baade
asserts that "Mr. Weagley's departure from the subject prop-
erty does not come within the intent of [Government Code
§7260(c)] because "Nis move was brought about by his
failure to pay" the rent requested by the City. This posi-
tion is erroneous.
First, let us recognize that prior to the City's
acquisition of the subject property, Mr. Weagley had been
living under an agreement which provided him with a rent
free.apartment in exchange for his maintenance services
which the City has valued at $35 /mo. (See letter to Mike
Weagley, dated August 30, 1973, by lion Webb, Cooperative
Project Engineer.) Soon after the City acquired the property,
it notified Mr. Weagley in the same August 30, 1973 letter
LEGISLATIVE INFORMATION CENTER: Brian Paddock, Director
1900 K Street, Suite 200 - Sacramento, CA 95814 - (916) 442.0753
v
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,_ ', -' _
• ��
• ,
City Council
re Weagley
11/3/75
Page Two
that his rent would be increased in two steps to $135 /month.
In his appeal to this City Council, dated October 1, 1973,
Mr. Weagley indicated that he could not afford the rent
increase and would have to move. Consequently, it is really
a contortion of the facts to claim that Mr. Weagley did not
move "as a result of the acquisition of such real property"
by your City.
Secondly, you should note that a sufficient
condition for qualifying as a displaced person under the
law [Gov. Co. §7260(c)] and the state guidelines [ §1.2b(2)]
is that:
"The subject real property must in fact have been
acquired, in whole or in part, and the person must
have moved as .a result of its acquisition." Calif.
Guidelines 51.2b(2)(b). (See attached Exhibit B.)
There is simply no requirement in the relocation law, as
suggested by Mr. Baade, that one is a displaced person only
if he is required to move by the City as a result of the
City's need to use the subject property. In fact, the
position of Mr. Baade has been rejected both by the Attorney
General of California in 57 Ops. Atty. Gen. 70 and by the
Director of the California Department of Housing and Com-
munity Development, responding to the precise facts of this
case. Let me ask you to consider that the whole purpose of
the relocation law, to provide benefits to persons displaced
as a result of public acquisitions of property, would be
undercut under Mr. Baade's interpretation, since all cities
could force people out of acquired property without making
relocation payments, by significantly raising rents. The
result, I suggest, is absurd, callous and mean; it is
hardly a spectacle that inures to the benefit of your City
to witness the power of government brought down so egre-
giously on the poorest of your citizens.
Let me say in all candor that if ter. Weagley is
not offered the relocation benefits to which he is entitled,
we will seek a judicial determination of all issues raised
by this case, including but not limited to his eligibility
for benefits, the City's power to raise a tenant's rent
a
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City Council
re Weagley
11/3/75
Page Three
under Government Code § 7267.4, the City's compliance with
the notice requirement of Gov. C. §7267.3, and violations
by the City of the due process clauses of the California
and U.S. Constitutions as a result of raising Mr. Weagley's
rent without affording him a timely notice and hearing.
I hope that you will consider Mr. Weagley's
appeal in the spirit with which the relocation assistance
law was intended to be applied and that you will determine
that he is a displaced person within the meaning of that.law.
Please respond to this appeal at your earliest
convenience.
JLG:sb
Exhibits attached
cc: Michael Weagley
Arnold Sternberg, Director
Department of Housing and
Community Development
Truly `
ONATHAN LEHRER- GRAIWEJ
Attorney at Law
� '
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• •
WESTERN CENTER ON LAW AND POVERTY, INC.
1709 WEST 8th STREET
LOS ANGELES. CALIFORNIA 90017
TELEPHONE 1 =191 487 -1491
DANIEL N. LVEVANO
Exec,;ii:E DIIECTOR
ROSALYN -A. CHAP MAN
AS C;A�E DIRECTOR
July 22, 1975
Mr. Joseph T. Devlin
Public Works Director
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
GORDON 8. DIYO�
ADUL\IRRIMR
Re: Michael D. Weagley - Claim for Relocation Benefits
Dear Mr. Devlin:
Mr. Michael Weagley formally submits to the City of Newport Beach
his claim for payment of the relocation benefits to which he is
entitled under California Government Code Sections 7260 et seq.
Mr. Weagley's claim is premised on his residence at 955 West 16th
Street, Newport Beach ( "subject property ") from 1971 to July 23,
1974, when he was evicted by City action for alleged nonpayment
of rent. Mr. Weagley resided at the subject property more than
ninety days prior to the City's initiation of negotiations for
the purchase of the subject property, and moved as a result of
the City's acquisition of the property and its subsequent raising
of his rent. Before the City's acquisition, Mr. Weagley had been
living at the subject property under a rental agreement with the
previous owner which provided for the waiver of rents for Mr.
Weagley in exchange for his maintenance of the property. After
acquiring the subject property the City sent Mr. Weagley a letter
dated August 30, 1973 and signed by Don Webb, Cooperative Project
Engineer, notifying him of increased rentals to $135 per month.
Ih response, in a letter dated October 1, 1973, Mr. Weagley
through his attorney at that time requested from the City Council
the payment of relocation benefits on the grounds that Mr_ Weagley
could, not afford the rent increase; consequently Mr. Weagley would
have to move as a result of the City's acquisition and rental
raise.
At that time the City refused to provide Mr. Weagley with his
claimed relocation benefits and the Court of Appeals upheld that
decision on the grounds that Mr. Weagley had not moved and
LEGISLATIVE INFORMATION CENTER:: &fan Paddock, Director
1960 K Street, Susie 200 - Sacramento, C k ii S I • ;310) 44: ^_ -0753
EXHIBIT A - narTC
mr. Joseph T. Devlin
July 22, 1975
Page Two
0
consequently did not qualify for relocation benefits. This
condition has now been satisfied since Mr. Weagley moved on
July 23, 1974, as a result of the City's eviction. Therefore,
Mr. Weagley is now a displaced person within the clear meaning
of Gov. C. §7260(c) and is entitled to relocation benefits
under Gov. C. §7262(b) (moving expenses), Gov. C. §7264 (rent
differential payments) and other applicable sections. In
computing his benefits under Gov. C. §7262(b) Mr. Weagley
requests the use of the scheduled method for computing moving
expenses plus the dislocation allowance of $200. Under Gov. C.
§7264 Mr. Weagley claims a rent differential of $175 per month
for four years to a maximum of $4,000 as evidenced by the
enclosed lease entered into by Mr. Weagley on August 15, 1974
for the lease of a one- bedroom apartment located at 208 -1/2
Grant Street, Newport Beach. This lease continues to be in
effect.
If you should need any further information regarding Mr. Weagley's
relocation claims, including compliance with any of the conditions
of the California Relocation Law do not hesitate to contact me.
Please respond to this request at your earliest convenience.
Sincerely,
ONATHAN LEHRER -GRAB
Attorney -at -Law
JLG:re
Enclosure
cc: Michael Weagley
208 -1/2 Grant Street
Newport Beach, California 92660
EXHIBIT A - naae 2
S`
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A50 WHIN .REM."TE0 :AIL TO
.:7
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S:rrt
tureg ..
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city
5'1ea
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SPACE ABOVE THIS LIME FOR P,ECORDER'S USE
LANDLORK)" a AND TENANT'S AGREEMENT
" LEASE
MIS LEASE, made this 1 st'l d,y of Aui , 19 -7—LL between.
G. F. Vlea .,iey
hlr
. aira8cr relie ti e;
d Lessor, and _ , abl 1'earZey
hereinafter called lessee,
!
WITNESSUH: That Lessor, in considetation of the rents; covenants and agreements hereinafter agreed to be paid and peffermed by said
Lessen, does hereby demise, lease and let to Lessee, and said lessee dos hereby hire and leh from said lessor, all that real property
located in the City of_Lle:mort Beach County of Ora °ge State of California,
._
described as follows. One, — bedroom rear fu n'stjad aTJartn _nt ZncatPd ai
Ca7ifnrnia
" (Utilities to be paid by owner)
with the appurtenances, for the tern of One Year __ cammancir on the
`
day of Au3U5t 19._Z4. and ending on the 14th day of Aumust
at the total rental of 2]..5225.0_ )dl!ars,
payable, $ 1 7 5.09_ per month in advance in lawful money of the United States ci the 1 5th dey of each and every
month. Lessor hereby acFrowledges payment of $ 175.00 __ remsenGng :he fa : for ;he Pi r,t —
month _ hereunder..
Lessee hereby covenants and agrees as failures: '
(1) To pay Lessor the said run; as the sane tats due as hefeinabove pfovide(J.
`
t
(2) Not to let or soY.et ;ha mote or any part of said pzmises. .nor to assign this lease. _.d nzt to make any ai:efa,&S. ad t C.-S. of
impro + :ments in said , :emises. v:,;nr:t tza prior written con[en! of Lessc.. '
(;) That as alterations. 2d6d!s-.s. or i.rxav =rfi made in and to slid :em <?s ::a!'., w •s c!:`.eni. :e prwvd >i —.-.
-
between the parties hereto, be the .reparty of lasar and shall remain umn air,! be mfre.:cetsd :: n the pre mse:.
(3) lessee acprca'erv:s that :ha said premises are leased 'a hie in their praszot ,C -; ; ",r. unless oche.zase 2i:ewl `y rr.77ten
agreement between the p,: ties herein, and Lessee agrees to kaep said premise: in as g]od re,_ r and condition as :hry no:: 2 :e, x may
hereafter bi ,^,!aced. at h ;s own expanse.
(5) '�At the enpra!ian of the term of, or at any sooner d ritimination of this lere. lesa agrees to sur :!P.& ci- cession of said
premises in as good :tat! and cenr;7a es faascgnli use aid wear th;r=nf v. :t! retail, d!s[;e cy the oemen!s erca;:ed.
IS) If-Lessee shall hold over the said term wit.) the worsent, express or implied, of Lessor, such holding shall be canshued to be a
tenancy only from mor,hh to north,
(1) If ari• action be b;wugh: S;r the recmmy of rent or ether poi vs duo or to becorfe J:-- under this leas! ar ty :eson et a breach
.
of any cove-.an ;'bitmn contained if ';r the ftCNery of the pwsessi :n of $,;i prom; :es - ar t^ ^el tha pabr „a-= _ ":birg -creed
'
to be done by Lessee, or in reeve, G;; damage: to said proper y. of to en!w n ;ay act -60fxv :; the prol:isions hreef. Lsc_i vli:! pay !w
Lessor all of the coos in connesz'a ,hif.with, including. but ,tot by way of H ;,!i!! :n. feasur,al :e =Uoiney's tees. where: of .:;t the ae[im
proceed to
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.:;..EXHIBIT A — page_3 L
STATE OF CALIFORNIA •
GUIDELINES FOR ISSUANCE OF REGULATIONS & PROCEDURES
IMPLEMENTING THE RELOCATION ASSISTANCE LAW
GOVERNMENT CODE, CHAPTER 16, SECTIONS 7260'et.seq.
1 - GENERAL
1.1 Purpose and coverage.
a. These guidelines are to assist public entities in the
development of regulations and procedures implementing Chapter 16,
Sections 7260 et. seq. of the Government Code, Relocation Assis-
tance, hereinafter referred to as the Act, to assure a uniform
policy for the fair and equitable treatment of persons displaced
by programs of public entities. All references in these Guidelines
to sections or subsections are references to sections or subsections
of the Act.
b. In the event of any conflict between these guidelines and
the provisions of the Act, or any other applicable law, the statu-
tory provisions are controlling.
C. It is the intent of the guidelines to establish minimum
requirements for relocation assistance payments by public entities.
These guidelines shall not be construed to limit any other authority
which a public entity may have to make other relocation assistance
payments, or to make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by this
chapter.
d. Any public entity may, also, make any other relocation assis-
tance payment, or may make any relocation assistance payment in an amount
which exceeds the maximum amount for such payment authorized by
these guidelines, if the making of such payment, or the payment in
such amount, is required under federal law to secure federal funds.
1.2 General considerations.
a. In developing regulations and procedures under the Act and
these Guidelines, agencies should consider:
(1) House Report No. 91 -1656 of December 2, 1970, A Report
to accompany 5.1, Committee on Public works, House of Representatives,
91st Congress, 2nd Session.
(2) Provisicns of other applicable law, including Title VI
of the Civil Rights Act of 1964, and Title VIII of the Civil Rights
Act of 1968.
(3) Applicable state laws and good 'faith and reasonableness.
II- 2
N -3 7
EXHIBIT B - page 1
•
M
M
yencies should instruct officials responsible for pro -
�er this Act that:
(1) A written notice of displacement must be given by
l _ to each individual, family, business, or farm operation
l - - isn_laced. Such notice shall be served personally or by
=;ea (or reigstered) first -class mail.
(2) In order to qualify for benefits under the Act as
a cisplaced person, either of two conditions must be fulfilled:
(a) The person must have moved (or moved his per-
sonal property) as a result of the receipt of a written notice
to vacate which notice may have been given before or after initi-
ation of negotiations for acquisition of the property. (When
negotiations are initiated prior to issuance of a written notice,
all persons contacted by the negotiating agency should be advised
that the benefits of the Act are available only when the person
moves subsequent to receipt of a written notice); or
(b) The subject real property must in fact have
been acquired, in whole or in Dart, and the person must have
moved as a result of its acquision.
(3) In addition, certain of the benefits provided by the
Act are available as follows:
(a) Whenever the acquisition of, or notice to move
from, real property used for a business or farm operation causes
any person to move from other real property used for his dwelling,
or to move his personal property from such other real property,
such person shall receive the benefits provided by Sections 7262(x)
and (b) and 7261.
(b) If the head of the displacing agency determines
that any person occupying property immediately adjacent to the
real property acquired, is caused substantial economic injury
because of the acquisition, he may offer such person relocation
advisory services under Section 7261.
(4) For real property acquisitions under State law, con-
tracts or options to purchase real property shall not incorporate
provisions for making payments for relocation costs and related
items in the Act. Appraisers shall not give consideration to or
include in their real property appraisals any allowances for the
benefits provided by the Act_ In the event of condemnation with
a declaration of taking, the estimated compensation shall be deter-
mined solely on the basis of the appraised value of the real property
with no consideration being given to or reference contained therein
to the payments to be made under the Act.
11-3
11-3,,,
EXHIBIT B - page 2 8
•
July 16, 1974
Michael Weagley
955 W. 16th Street
Newport Beach, CA 92660
AU 12 1974 .
City of Newport Beach
City Hall ry the CITY COUNCIL
3300 Newport Boulevard ,-. y PP M6arf"V 16ACH
Newport Beach, California 92660
Gentlemen:
Please use this letter as my formal demand for relocation
assistance benefits pursuant to Assembly Bill No. 533.
You have effected my inability to pay the increased rent
you demanded, and I feel this qualifies my situation as
a' hardship case, and therefore eligible for advance
payments. In addition, since I am now forced to move as
a result of a written order from the City of Newport
Beach, I request that you comply with the obligations
imposed by A.B. 533 in providing a 90 -day notice; and
assistance in locating adequate replacement housing.
As you know, my rental payments for the requisite 90 -day
period prior to your purchase of the property amounted to
approximately $35.00 per month. Therefore, I request that
my benefits be computed using this figure as the base amount.
Please give this matter your immediate attention.
Sincerely yours,
MICHAEL WEAGLEY 7
Date ....7. . �..:...: -7 Lf
COPIES SENT T0:
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12 Public Worb Dir tej
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• 1471
MILLER,NISSON 8 KOGLER
CLARK MILLER
ATTORNEYS AT LAW
F/
C. ARTHUR NISSON 2014 NORTH BROADWAY /
NELSON Roc LER SANTA ANA, CALIFORNIA 92706 az.
4 - TELEPHONE
9t AREA CODE 7I9
r E S42 -6]]I.
H. LAWSON MEAD _ ' •.'� j ;
October 1, 1973
-;�.L � ^- 2�'zoG�iL mayy?✓ ,�; � '��l� tsr
City Council 9 C p, --
City of Newport Beach-
3300 Newport sled. OCT 1973
Newport Beach, California
By fM CITY COUNCIL
Gentlemen- GITy is 1!69~ BEACH
6 -5
On behalf of Mr. Michael D. Weagley, I am requesting
that your City Council review a decision of your staff as to
the eligibility of Mr. Weagley for benefits under the
Relocation Assistance Law (7260 et seq. of the Government
Code).
Mr. Weagley presently resides in a housing unit
located at 955 W. 16th St., in your City of Newport Beach.
The property upon which his rental is situated was recently
purchased by the City of Newport Beach for the purpose
of extending your water storage facilities in that area.
Mr. Weagley has resided on the premises since
1971, more than ninety days prior to the initiation of
negotiation by your City for the purchase of the property,
and therefore comes under Section 7264 of the Government
Code, as well as other sections of the Relocation Assistance
Law. When Mr. Weagley located the property where he now
resides, all of the residential units thereon were unhabit-
able and Mr. Weagley contacted the prior owner and agreed
to make them habitable and to maintain them and manage
them. In return for this service Mr. Weagley was allowed
rent -free use of one of the units. This. informal arrangement
continued up until the present time, when the City of
Newport Beach sent a letter dated August 30, 1973, which is
attached hereto, which raised Mr. Weagley's rent to $110.00
per month until January 1, 1974 when it will be increased
to $135.00 per month. The City, in that same letter, offered
to allow Mr. Weagley a $35.00 credit towards his monthly
rent if he would continue with his prior responsibilities
of collecting the rent and maintaining the property. Mr.
Weagley is unable to pay the increased rent (which is
obviously the type of situation which the Relocation Assistance
Law was meant to rectify) and so on September 11, 1973 Dale,.. ..... OCT 2 1973
...........
a
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Map"
llunxser
aIlor'ry
Yuhlir. Work' Di'.dw.
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l:oonc0o,�
City Council -2- October 1, 1973
he wrote a letter to the City of Newport Beach in which he
stated that he could not abide by anything except the
prior rental agreement and requested his rights under the
Relocation Assistance Law. A copy of Mr. Weagley's September
11, 1973 letter is included herewith.
On September 24, 1973 the City of Newport Beach
wrote to Mr. Weagley a reply letter, a copy of which I am
enclosing. In that letter the City states, in effect, that
if Mr. Weagley is forced to move from the premises because
of the raise in rent, he is no longer covered by the Relocation
Assistance Law. The letter states that if Mr. Weagley were
financially able to remain on the premises until such time
as the City gave him notice to vacate the premises, he would
then be eligible. This interpretation results in the
Relocation Assistance Law becoming of little or no effect
in protecting those people it was intended to help.
"Displaced person" is defined in Section 7260
"...any person who moves from real property ... as a result
of the acquisition of such real property ... for public use."
It is Mr. Weagley's contention that the Act clearly covers
him under the circumstances of the case. Because of his
financial situation he is unable to afford to move from the
premises without the aid of the City as required under Section
7260 et seq. of the Government Code (the Relocation Assistance
Law).
It is therefore requested that your City Council
review your staff's decision and either: 1) Instruct
that Mr. Weagley's rent remain at its original level until
such time as the City does give him notice, or 2) that the
staff be instructed to provide relocation advisory assistance
under Section 7261 of the Government Code, compensation under
Section 7262 of the Government Code, and payment under Section
7264 of the Government Code, all to Mr. Weagley's benefit as
required by the California Government Code.
HLM:cp
Encl.
Your attention to this matter is appreciated.
Vry truly yours,
H. Lawson Mead
CITY OF NEWPORT BEACH
CALIFORNIA
August 30, 1973
Mr. Mike Weagley.
955 -B 16th Street
Newport Beach, CA 92660
Subject: Rental of 955 -B 16th Street
Dear Sir:
97660
City Hall
3,300 Newport Blvd.
(714) 673 -2110
The City of Newport Beach purchased the property on which you are now re-
siding: At present the City does not have any immediate plans for the use
of the buildings on this property and will continue to rent to you on a
month to month basis. ZhPmill not make any improvements or repairs on
the property or to the building. The`City reserves the right to inspect the
premises from time to time to insure that the property is safe for occupancy.
A survey of similar rental units in the.area indicates that one bedroom un-
furnished units are renting for $135 per month. Your present rental rate
will continue through September. Effective October 1, 1973, the rent for
the unit will be increased to $110 per month and on January 1, 1974 it will
be increased to $135 per month. Rental rates will be reviewed on a six
month basis after that time.
If the City requires you to vacate the premises because the houses are to
be used by the City or are to be demolished, you will be given a 90 -day
notice to vacate and will be eligible-for relocation assistance. These
benefits have been explained to you, and if you have any questions on them,
please give me a call.
Since basic City planning policies discourage the operation of existing non-
conforming uses on City property, when you do move,. the City does not plan
to re-rent the units.
Mr. Jack Beckwith of the City's Utility Section will be the City's repre-
sentative responsible for handling these rental units. His office is located
at the City Yard at 592 Superior Avenue. The phone number is 673 -2110,
extension 267.
If you wish to continue to manage these units the City) ll allow a $35 credit
toward your monthly rent. You would be expected to collect the rent and give
it to Mr. Beckwith and be responsible for the property remaining in its present
condition.
Very truly yours;r
``Don Webb
Cooperative Project Engineer
DW :hh �,� 5 - 9
CITY OF NEWPORT BEACH
CALIFORNIA 92uo
City Rau
3300 Newport Blvd..
(714) 673 -2110
September 24, 1973
Mr. Michael D. Weagley
955 West 16th Street
Newport Beach, California 92660
Subject: Rental of City -Owned Property at 953 and 955 16th Street
Dear Mr. Weagley:
Your letter of September 11, 1973, has been received and reviewed by my staff
and the City Attorney.
The City does not intend to continue renting to you and Mr. Shulman under the
same terms as you had in your 1971 lease with Mrs. Salter. The August 30,
1973 letters given to you and the other tenants by Mr. Webb describe the terms
by which the City will rent to you. They also gave you a 30 -day notice of the
change in rent status.
Please refer to Section No. 7267.4 of Assembly Bill No. 533. This section
states that the public entity can continue to rent property for rent not to
exceed the fair rental value of the property. Our study shows that the new
rental rate is. comparable to rental rates in the area.
If, at some future date, the City gives you notice to vacate so that the
property can be used for public purposes, you will then be eligible for re-
location assistance under Assembly Bill No. 533.
Very truly yours,
l t
oseph T. evlin
'JDWor s Director
D�W:jfd
(f7
7'
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92660
r�
u
955 West 16th Street
Newport Beach, CA 92660
September 11, 1973
Attention: Mr. Joseph Devlin, City Manager
Dear Sir:
After reviewing your proposal dated August 30, 1973, which
revises the rental rates on Apt. 955 - "B" West 16th Street,
Newport Beach, I conclude that, "the only agreement that
will be acceptable to me is the prior lease agreement."
Please find copy enclosed.
If these terms.are not acceptable.then, as of October.l, 1973
I claim to be protected under assembly bill #533.
(1) Section 7260 -(C) a "displaced person ".
(2) Section 7261 shall provide relocation advisory assistance
and all other benefits under this section.
(3) Section 7262 -(B) shall receive moving expense allowance..
and all other benefits.
(4) Section 7264 additional payments required by this section
and all other benefits due to a "Displaced. person ".
Thanking you for your immediate consideration.
MD W/ j f
Yours very truly,
Michael D. Weagley
C,S- s
p • _A
RANGE OCT 91973
By the *CITY COUNCIL
CITY 09 ►M� W"W BEACH
HUMAN RELATIONS COMMISSION
The Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92660
Gentlemen:
/V7/
211 WEST SANTA ANA BOULEVARD
SANTA ANA., CALIFORNIA, 92701
TELEPHONE: 634 -4796
AREA CODE 714
October 9, 1973±
Since the effective date of the Relocation Assistance Law in July, 1972,
the Orange County Human Relations Commission has had a special interest
in its implementation, particularly as it is applied to persons living in
low cost units which will no longer be part of the housing market.
While the intent of the Relocation Assistance Law was to establish a uni-
form policy for the fair and equitable treatment of persons displaced as a
result of public projects, uniform laws are habitually subject to differing
interpretation by those responsible for their administration.
The action by Newport Beach city staff to increase the rent of units located
on the 16th Street property (acquired for expansion of water storage facilities)
appears to be an attempt to circumvent provisions of the Relocation Assistance
Law. While the unusual circumstances of the prior arrangement between one
tenant and the former property owner (rent -free housing in exchange for
services rendered) are acknowledged, they do not alter the City's responsi-
bility to tenants, as mandated by Chapter 1574, Statutes of 1971 (AB 533).
The immediate step to increase the rent on units, which, according to the
written statement of a City employee, will not be re- rented at any price,
could be interpreted as a stratagem to rid the property of unwanted tenants,
or, failing that, to establish a higher rental rate to reduce the potential
amount of liability for rental differential payments.
We seriously question that the spirit and intent of the Relocation Assistance
Law are served by the City's letter to tenants which states that "the City
will not make any improvements or repairs on the property or to the building"
and, in the next paragraph, announces an increase in monthly rental payments.'
The Commission's concern will continue to be for the people the Relocation
Assistance Law was designed to serve. We believe that it is the moral obliga-
tion, as well as the legal duty, of this city to ensure that all benefits are
accorded as the law provides.
Yours truly,
Frank Barnes, Vice Chairman
i
i
Since the effective date of the Relocation Assistance Law in July, 1972,
the Orange County Human Relations Commission has had a special interest
in its implementation, particularly as it is applied to persons living in
low cost units which will no longer be part of the housing market.
While the intent of the Relocation Assistance Law was to establish a uni-
form policy for the fair and equitable treatment of persons displaced as a
result of public projects, uniform laws are habitually subject to differing
interpretation by those responsible for their administration.
The action by Newport Beach city staff to increase the rent of units located
on the 16th Street property (acquired for expansion of water storage facilities)
appears to be an attempt to circumvent provisions of the Relocation Assistance
Law. While the unusual circumstances of the prior arrangement between one
tenant and the former property owner (rent -free housing in exchange for
services rendered) are acknowledged, they do not alter the City's responsi-
bility to tenants, as mandated by Chapter 1574, Statutes of 1971 (AB 533).
The immediate step to increase the rent on units, which, according to the
written statement of a City employee, will not be re- rented at any price,
could be interpreted as a stratagem to rid the property of unwanted tenants,
or, failing that, to establish a higher rental rate to reduce the potential
amount of liability for rental differential payments.
We seriously question that the spirit and intent of the Relocation Assistance
Law are served by the City's letter to tenants which states that "the City
will not make any improvements or repairs on the property or to the building"
and, in the next paragraph, announces an increase in monthly rental payments.'
The Commission's concern will continue to be for the people the Relocation
Assistance Law was designed to serve. We believe that it is the moral obliga-
tion, as well as the legal duty, of this city to ensure that all benefits are
accorded as the law provides.
Yours truly,
Frank Barnes, Vice Chairman
TO: CITY COUNCIL
FROM: Public Works Department
January 14, 1974
CITY COUNCIL AGENDA
ITEM N0. H -2 (a), (b) & (c)
SUBJECT: LAND EXCHANGE IN CONNECTION WITH THE WIDENING OF 32ND STREET
RECOMMENDATIONS:
1. Adopt a resolution authorizing the Mayor and City Clerk to
execute an agreement with the Southern Pacific Transportation
Company covering the exchange of Parcels A, B, C, and D for
Parcel E as shown on a parcel map recorded in Book 32, page 41
of Parcel Maps in Orange County.
2. Adopt a resolution authorizing the Mayor and City Clerk to
execute a Corporation Grant Deed transferring Parcel E as
shown on a parcel map recorded in Book 32, page 41 of Parcel
Maps in Orange County, to the Southern Pacific Transportation
Company.
3. Adopt a resolution authorizing the Mayor and City Clerk to
accept a grant deed from the Southern Pacific Transportation
Company for Parcels A, B, C, and D as shown on a parcel map
recorded in Book 32, page 41 of Parcel Maps in Orange County.
DISCUSSION:
Attached is a sketch showing the above mentioned parcels. Parcels A,
B, C, and D are presently owned by the Southern Pacific Transportation Company.
Parcel E is owned by the City and is part of the excess property acquired in
connection with the widening of 32nd Street. When 32nd Street was widened,
street improvements were constructed over Parcels A, B, C, and D under a right -
of -entry agreement. Southern Pacific has agreed to trade these four parcels
for Parcel E shown on the map. Parcel E has the same area as the sum of the
areas of the four parcels, 0.170 acres, 7405 square feet.
The deed for Parcel E retains for the City the vehicular access
rights to 32nd Street and states that the ten feet adjacent to 32nd Street
shall be used for landscaping and other screening to provide a barrier between
residential and commercial zoning.
In the agreement setting out the conditions for the exchange, Southern
Pacific agrees:
To convey by Grant Deed to City Parcels A, B, C, and D.
2. To develop Parcel E in accordance with the deed restrictions
and the following restrictions:
t •
January 14, 1974
Subject: Land Exchange in Connection with the Widening of 32nd Street
Page 2
A. No structures within 10 feet of 32nd Street right -of -way.
B. Main entrances to commercial buildings shall not front on
32nd Street unless a waiver is granted by the City Council.
C. No lighted signs facing 32nd Street.
D. The light source for on -site illumination shall not be
visible from 32nd Street.
E. Trash bins and containers shall be enclosed.
3. Development plans shall have an architectural review by the
Community Development Director. The review shall include:.
A. Appearance of structures and other appurtenances facing
32nd Street.
B. Type of signs visible from 32nd Street.
C. The use of the 10 feet adjacent to 32nd Street for screen-
ing and landscaping.
4. The agreement shall run with the property and shall be recorded.
The City agrees:
1. To convey by Grant Deed Parcel E to the Southern Pacific
Transportation Company.
2. That the improvements constructed with the widening of 32nd Street
across and adjacent to Parcels A, B, C, and D were constructed
at no cost to the Southern Pacific and that no obligation exists
for Southern Pacific to repay City for these improvements.
Southern Pacific has agreed to the terms of the agreement and has
deposited in escrow an executed copy of the agreement and grant deed for Parcels
A, B, C, and D.
eph Devlin
T.
lic ks Director
:jfd
Att.
ALTO
k
1-13
4ORCUT AYdd
44eA&
Ci7Y ooWAi 4
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NOV 26 1973
By .Is C0J9d iL
TO: CITY COUNCIL
FROM: Public Works Department
November 26, 1973
CITY COUNCIL AGENDA
ITEM NO. H -2(a)
r 5 "1--
i
Pac
SUBJECT: PROPOSED EASEMENT FOR ELECTRICAL SERVICE TO JAMBOREE ROAD POLICE
FACILITY
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to
sign a Grant of Easement to the Southern California Edison
Company for an easement over a portion of the site occupied
by the Jamboree Road Police Facility and the Newport Center
Fire Station.
DISCUSSION:
Attached is a sketch showing the location of a proposed 6 feet
wide easement which will provide underground electrical service from the
distribution system in Santa Barbara Drive to pad - mounted transformers
located near the Jamboree Road Police Facility building and the Newport
Center Fire Station.
An electrical easement was previously granted by the City to
the Edison Company for providing service to the fire station. The new
police building is located over a portion of the existing easement, making
it necessary to reroute the easement. Upon completion of the police build-
ing project, the unused portions of the existing easement will be abandoned.
The City Manager is authorized to accept easements on behalf of
the City. The granting of an easement by the City requires the approval of
the City Council.
oseph Devlin
ublic Wor s Director
LP:hh
Att.
.E' c.4L1Ybq PEE .PD
CITY OF NEWPORT BEACH 0R11"N alemo., DAB
/�
/PUBLIC WORKS DEPARTMENT APPROVED
Z42 ILL,
S" CAL. ED/SOoM EASEMENT ASS 7 PusLIC WORKS DIRECTOR
R.E. N0. A'415'a
NEWOORT CEAITER FIRE STA. DRAWINS N0. R/W- 5293 —L
• •
j'JN :.. 14 73 RESOLUTION NO. 8 13 6
By C OJl;iL A RESOLUTION OF THE CITY COUNCIL OF THE CITY
;j -Y Fv= REACH OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A GRANT OF EASEMENT TO THE SOUTHERN CALIFORNIA
EDISON COMPANY OVER A PORTION OF THE JAMBOREE
ROAD POLICE FACILITY AND THE NEWPORT CENTER
FIRE STATION SITES
WHEREAS, the City of Newport Beach is presently
ss=z
constructing a police facility building in the area of Jamboree
Road and Santa Barbara Drive; and
and
WHEREAS, said building will require electrical power;
WHEREAS, in order for the Southern California Edison
Company to furnish electrical power to said building, it is
necessary that an easement be granted for that purpose;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the Mayor and City Clerk are
hereby authorized and directed to execute a grant of easement
conveying to the Southern California Edison Company an easement
over that real property described in Exhibit "A which is
attached hereto and which by this reference is incorporated
herein as if fully set forth; said easement shall be for the
purpose of providing electrical power to the Jamboree Road Police
Facility.
ADOPTED this 26th day of November, 1973.
ATTEST:
City Clerk
s
Mayor
mh
11/20/73
Grant of Easement
6433 -6800; D -6816
"EXHIBIT A"
Two strips of land each 6 feet in width, lying within Parcel 1, as shown on map
filed in Book 31, page 35 of Parcel Maps, in the office of the Recorder of said
County; the centerlines of said strips being described as follows:
STRIP NO. is
Beginning at the most northerly corner of said Parcel; thence, South 43 °30'31" West
184.51 feet to the TRUE POINT OF BEGINNING; thence, northeasterly 28 feet to a
point that is distant southeasterly 20.4 feet, measured at right angles, from
the northwesterly line of said Parcel; thence, North 43030131" East 83.3 feet
to a point hereinafter referred to as Paint "A "; thence, continuing North
43 °30'31" East a distance of 47 feet to a point hereinafter referred to as
Point "B ".
STRIP NO. 2:
Beginning at the above mentioned Point "A "; thence, South 46 °29'29" East a distance
of 65.feet to a point hereinafter referred to as Point "C ".
Also, two parcels of land each 6 feet in width and 8 feet in length; said parcels of
land being described as follows:
Parcel No. 1:
.The southeasterly line of said parcel of land being described as follows:
Beginning at the above mentioned Point "B "; thence, northeasterly 8 feet
more or less to a point that is distant southeasterly 20 feet and southwesterly
24 feet, measured at right angles respectively, from the northwesterly and
northeasterly lines of said Parcel 1.
Parcel No. 2:
The northwesterly line of said parcel of land being described as follows:
Commencing at the above mentioned Point "C "; thence, northeasterly 2 feet more
or less, to a point that is southwesterly 72 feet and southeasterly 86 feet,
measured at right angles respectively, from the northeasterly and northwesterly
lines of said Parcel 1, said point being the TRUE POINT OF BEGINNING of said
parcel of land; thence, southwesterly 8 feet more or less to a point that is
distant southwesterly 80 feet and southeasterly 82 feet, measured at right angles
respectively, from the northeasterly and northwesterly lines of said Parcel 1.
x
RW 202 REV. 12.72
RECORDING REQUESTED BYO
'SOUTHERN CALIFORNIA EDISON COMPANY
WHEN RECORDED MAIL TO
SOUTHERN CALIFORNIA EDISON COMPANY
UooK lo -/0 � !i. "�o
x.01 A&I -- R?V%Y
j NsT 1 376/
�e $$��� SPACE ABOVE THIS LINE FOR RECORDER'S USE
Citv of OF MOMENT (CORPORATION) DOCUMENTARY TRANSFER iAK; None (no consideration)
I 80. CALIF. mlwN CO.
SIGNATURE OF DECLARANT OR AGENT DETERMINING TA[. FIRM NAME
CITY OF NEWPORT RRACe, a municipal corporation
zzasnoctsisIg (hereinafter referred to as "Grantor "), hereby grants to SOUTHERN CALIFORNIA
EDISON COMPANY, a corporation, its successors and assigns (hereinafter referred to as "Grantee "), an
easement and right of way to construct, use, maintain, operate; alter, add to, repair, replace, reconstruct,
inspect and remove at any time and from time to time underground electrical supply systems and communi-
cation systems (hereinafter referred to as "systems "), consisting of wires, underground conduits, cables,
vaults, manholes, handholes, and including above- ground enclosures, markers and concrete pads and other
appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting
intelligence by�electreal means m on, over, under, across and along that certain real property in the County
of __.. _ ......%!!: ------------------------------------------------------------ ...... .... . State of California; described as follows:
U.S. A strip of land 10 feet in width, lying within the West 290 feet of Lot 1013 of
WORK.ORDRR First :Addition to Newport Mesa Tract, as shown on a Nap recorded in Hook g, page
6433 61 of Miscellaneous Maps, in the office of the Recorder of said county, the
2035 centerline of said strip being described as follows:
IDENTITY
D-2092 Beginning at a point in the northerly line of said lot, distant easterly 133
MAP SIZE feet, measured along said northerly line, from the westerly line of said lot;
40/91 thence, southeasterly 91 feet to a point located 183 feat, measured at right
4 13 14 angles, from said westerly 11m; thence, southerly, parallel with said westerly
line, a distance of 30, feat.
APPROVED `1 / e _
R/W •LARD
DEPARTMENT'
By
The :Grantor agrees for itself, its .successors and assigns not to erect, place or maintain, nor to permit
the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except
walls and fences on the above described real property. The Grantee; and its contractors, agents and
employees, shall have the right to trim or cut tree roots as may endanger or interfere with said systems and
shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the
rights herein granted; provided, however, that in making any excavation on said property of the Grantor(s),
the Grantee shall make the same in such a. manner as will cause the least injury to the surface of the ground
around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to
as near the same condition as it was prior to such excavation as is practicable.
EXECUTED this .2-SAA'.. day of ..A.P..XL4-- - - - - -, 19 `3..
CIiS.- OY _NSWtOBi: ,... ...................... ............
_a_>nnicipai.- corporation---
By -
. ! f . � !! %cif - ,t ...............
STATE OF CALIFORNIA, By. - -- �- - - - -- - - - -/ -- ..... ......
7 Clem
......
COUNTYOF._ ... . ..... ............ ... ....... ....................................
On -------------- ---- A :.S ...... ��� ... ................. before me, a NOtary Public in and for said State, personally appeared
... — ....... — ................. — ....... .... ......................... ......... ...... known to me to be .............. ......... .......... President, and .....................- .......
.............................................................. known to me to be ........... . ................ .. Secretary, of .......... -.... ........................... - ...... ........... .
_.. ....................... .... ............. .................. _. the corporation that executed the within instrument, and known to me to be the persons
who executed the within instrument on behalf of the said corporation, and acknowledged to me that such corporation
executed the same pursuant . to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
1 -
1-
OD/Y/. L D . Wt ..
May 91 1973
Southern California Edison CmVmny
Right of Way and land DepertDeent
P. 0. Boot 2307
Santa Ana, CA 92707
Attantiont R. S. Hiller
6
Enclosed is the fully snouted original Qmnt of
Easement for utility p=ews at 16th Street
Reservoir 8$.U. Said easement was auftriaed by the
City Council vn May 7 by the adopticn of Resolution
No. 7979.
Please attach an Acosptatme Slip and send to the County
Recorder for recordation and return a copy of the
recorded do=ent to my office.
Kura Lagios, C.M.C.
City Clerk
LLtswk
am.
/�I/
I
MAY 71973
By the CITY COUNCIL
CITY 00 "Vwoow MV40H
TO: CITY COUNCIL
May 7, 1973
CITY COUNCIL AGENDA
ITEM N0. H -2 (c)
FROM: Public Works Department
SUBJECT: UTILITY EASEMENT AT 16th. STREET RESERVOIR SITE
RECOMMENDATION:
Adopt a resolution authorizing the Mayor and City Clerk to execute
a Grant of Easement to the Southern California Edison Company for
underground electrical service to the 16th Street Reservoir site.
DISCUSSION:
On January 8, 1973, the Council approved restoration of the
16th Street Reservoir. Included in the work was a booster pump station to
be constructed by City forces. The subject easement is required to provide
electrical service to the site and the booster pump station. An exhibit is
attached showing the proposed easement.
IJoseph Devlin
Public W rks Director
f
JWBD:jfd
Att.
1�7/
N
PROPoSED /O ' W /OE
Urlury EAa�'EMEAJT SCALE: /i�AO' 1 a
'1
C /TY BOUN40WRY
I
I
EX /ST /NQ
i i� oc .rcwwvcv
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`
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`A EV4B/VTATED
I
/
I
BoosTE,¢
OUMO
I .ST.4T /OA/
I
I
I
e
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•-.. 290'
-
F /R5r .400 17'140N TO
A/EAW.,04 APT AAAM -O TRACT
6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
UTIL /TY E45EMENT.4T la 7w .STQEET
A2ESERV/OI,Q M BE C- ?4NTE0 TO
$QCiroV"IV C ZIAMeAMA E0150N CO,
DATE
( I R.E. N0. 7E 1
DRAWING N0. R%W- 8277 -L
RESOLUTION NO. 7 979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION
OF A GRANT OF EASEMENT TO THE SOUTHERN CALI-
FORNIA EDISON COMPANY TO UNDERGROUND ELECTRICAL
FACILITIES FOR THE PUMPING STATION AT THE 16TH
STREET RESERVOIR SITE
WHEREAS, the City of Newport Beach is presently building
a pumping station at the 16th Street reservoir site; and
WHEREAS, said pumping station will require electrical
power; and
WHEREAS, in order for the Southern California Edison
Company to install the necessary equipment to provide under-
ground electrical facilities, it is necessary that an easement
be granted for that purpose.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Mayor and City Clerk are
hereby authorized and directed to execute a grant of easement
conveying to the Southern California Edison Company an easement
over certain real property in the City of Newport Beach, for
the purpose of providing underground electrical facilities for
the pumping station at the 16th Street reservoir site, said
property being described as follows:
A strip of Land 10 feet in width, lying within
the West 290 feet of Lot 1013 of First Addition to
Newport Mesa Tract, as shown on a map recorded in
Book 8, page 61 of Miscellaneous Maps, in the office
of the Recorder of Orange County, the centerline of
said strip being described as follows:
Beginning at a point in the northerly line of said
lot, distant easterly 135 feet, measured along said
northerly line, from the westerly line of said lot;
thence, southeasterly 91 feet to a point located 183
feet, measured at right angles, from said westerly line;
thence, southerly, parallel with said westerly line, a
distance of 7 feet.
ADOPTED this 7th day of May , 1973
ATTEST:
City Clerk
Mayor
dm
;!1/73
TO:
ATTENTION:
SUBJECT
U
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
3300 W. Newport Boulevard
CITY CLERK
Date April 24, 1973
UTILITY EASEMENT AT 16TH STREET RESERVOIR SITE
We are transmitting the following:
No. Copies Description
E
Remarks:
Grant of Easement
When authorized, please execute the attached Grant of Easement and
return the original to the Edison Company, Attention: Mr. Ray Hiller. A pre—
addressed envelope is attached for your use. Please have two copies of the
Easement returned to us after it has been recorded.
Please note the change required in the description. This change
should be initialed by you and the Mayor when the document is executed
Cypiesfto:
Tom Phillips
By: y
William B. Dye
Project Engineer
•
L 2 6 1971
itF r: j,,, C 3U i'',-IL
T0: CITY COUNCIL
• gs "3 y
July 26, 1971
FROM: Public Works Department
SUBJECT: DEDICATION OF PORTIONS OF CIVIC CENTER DRIVE AND AVOCADO AVENUE
RECOMMENDATION:
Adopt a resolution dedicating easements for street and highway
purposes over portions of Civic Center Drive and Avocado Avenue
adjoining the civic center site.
DISCUSSION:
The civic center site includes half of Newport Center Drive, half of Civic
Center Drive, and half of Avocado Avenue. Newport Center-Drive has previously been
dedicated and improved.
It is now proposed to dedicate the southerly half of Civic Center Drive between
Newport Center Drive and Avocado Avenue; and the westerly half of Avocado Avenue from
Civic Center Drive to the southerly boundary of the civic center site.
Improvement of the two streets to be dedicated, except for sidewalks, is an
obligation of The Irvine Company under the purchase agreement for the civic center.
Attached is a drawing showing the proposed street easements.
Puseph . evlin
lic r s Director
/bg
Att.
is,
K
%i
AdML
CIT C'
/ 7-
CIVIC
A voo.4 00 4
Y 61 tz
A
. I Ik
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-45
A?PqOVED
PUC-LiC
RECSvR
R.C.
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v
Y 61 tz
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A?PqOVED
PUC-LiC
RECSvR
R.C.
;,:0.
DRAWING NO.QPIW- 5208 '-/
I
CITY CLERK
August 20, 1971
PUBLIC WORKS DEPARTMENT - G. Pickart
Deputy City Clerk
RESOLUTION NO. 7499
As you requested, attached is copy of Resolution No. 7499
with the following recording information:
Document No. 2062
Book No. 9746
Page No. 327
Filed on August 3, 1971
DMG :ep
att.
Doris M. George
August 2, 1971
Mr. J. Wylie Carlyle
County Recorder
P. O. Box 238
Santa Ana, California 92702
Reference: Resolution No. 7499
Dedicating Portions of Civic Center
Drive and Avocado Avenue Adjacent
to the Proposed Civic Center Site
in Newport Center for Public Street
Purposes
Dear Mr. Carlyle:
Enclosed to one copy of Resolution No. 7499 adopted by the
City Council of the City of Newport Beach at its July 26, 1971
meeting.
When properly recorded by your office, please return the
copy of the resolution for our files.
Very truly your@,
Doris M. George
Deputy City Clark
DMG:ep
enc.
RECORDING
REQUESTED BY
RFASF n'7, 74 TO,
LA1,F,A :_''..- CITY CLERK
P•Ic�`.'� v`.� L ;C H, C„UP. 92666
2062 • 8�3
0 r 9746pai32
UFREE
RESOLUTION NO. 7499
RECORDED IN OFFICIAL RECORDS
OF URANGE COUNTY, CALIFORNIA
9:05 A.M. AUG 3 1971
J. WYLIE CARLYLE, County Recorder
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH DEDICATING PORTIONS OF CIVIC
CENTER DRIVE AND AVOCADO AVENUE ADJACENT TO
THE PROPOSED CIVIC CENTER SITE IN NEWPORT
CENTER FOR PUBLIC STREET PURPOSES
WHEREAS, on the 15th day of September, 1969, the City
of Newport Beach entered into an agreement with The Irvine Company
for the purchase of a Civic Center site in the Newport Center; and
WHEREAS, by Grant Deed recorded on February 2, 1970, in
Book 9206, page 840 of Official Records of the Orange County
Recorder, the City acquired title to the Civic Center site from
The Irvine Company, which site is shown on a drawing marked
Exhibit "B" which is attached to the above referenced Grant Deed;
and
WHEREAS, said Grant Deed contains a condition providing
that the City agrees to dedicate for public street use those
portions of proposed Avocado Avenue and proposed Civic Center Drive
adjacent to the Civic Center site acquired by the City pursuant to
said Grant Deed, which property to be dedicated for public street
purposes is hereinafter more particularly described.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach, as follows:
Section 1: An easement for public street purposes is
hereby dedicated over each of the following described parcels of
real property:
Those portions of Block 93 of Irvine's Subdivision as per
map filed in Book 1, page 88 of Miscellaneous Record Maps
in the office of the County Recorder of said Orange County,
described as follows:
PARCEL 1
A strip of land, 38.50 feet in width, the northerly line of
said strip being described as follows:
Commencing at the intersection of the center line of Newport -•
Center Drive, 130.00 feet wide, as shown on the map of;,',`,,.
I
0 0
9746 ptril
Tract No_ 6015, filed in Book 239, pages 28 to 41 inclusive,
of Miscellaneous Maps with the center line of proposed
Civic Center Drive as said intersection is shown on the map
filed in Book 27, page 17 of Parcel Maps; thence North 77'00 °33"
East 65.00 feet along said center line of proposed Civic Center
Drive to the easterly right of way line of said Newport Center
Drive and the true point of beginning; thence continuing along
said center line the following courses and curves:
North 77'00 °33" East 28,96 feet to the beginning of a curve
concave southerly having a radius of 500.00 feet; easterly
340.34 feet along said curve through an angle of 39'00 °00 ";
South 63'59 127" East 310.06 feet to the beginning of a curve
concave northerly having a radius of 500.00 feet; easterly
205.16 feet along said curve through an angle of 23'30 133 ";
south 87'30 100" East 383.69 feet to the beginning of a curve
concave southerly having a radius of 500.00 feet; easterly
239.98 feet along said curve through an angle of 27'30 10011;
south 60000 100" East 73.92 feet to the westerly right -of -way line
of proposed Avocado Avenue as shown on Parcel Map Book 27,
page 17.
PARCEL 2
That certain spandrel area bounded on the north by the
southerly line of above described Parcel 1; bounded on the
west by the easterly right -of -way line of Newport Center Drive
(130 feet wide) as shown on the map of Tract 6015 filed in
Book 239 page 28 to 41 inclusive, and bounded on the southeast
by a curve concave southeasterly having a radius of 25.00 feet
and being tangent to said easterly and westerly lines.
PARCEL 3
That certain spandrel area bounded on the northeast by the
southerly line of above described Parcel 1; bounded on the
southeast by the westerly right -of -way line of proposed
Avocado Avenue (109.00 feet wide) as shown on a map filed in
Book 27, page 17 of Parcel Maps; and bounded on the southwest
by a curve concave southwesterly, having a radius of 25.00
feet and being tangent to said northeasterly and southeasterly
lines.
PARCEL 4
That portion of Block 93 of Irvine °s Subdivision, as per map
filed in Book 1,, page 88 of Miscellaneous Maps in the office
of the County Recorder of Orange County, described as follows:
Beginning at the intersection of the center line of Civic
Center Drive (77.00 feet wide) and proposed Avocado Avenue
(109.00 feet wide) as shown on a map filed in Book 27, page 17
of Parcel Maps; thence South 30000 100" West 608.21 feet along
said center line of Avocado; thence South 60'30'30" West
107.35 feet to a point on the westerly right -of -way line of
said Avocado Avenue; thence North 30'00 100" East 700.70 feet
along said right -of -way line and its prolongation to a point
on said center line of Civic Center Drive; thence South
60'00 °00" East 54.50 feet to the point of beginning.
Section 2: The aforesaid easements are shown on
Exhibit "B" which is identified as Drawing No. R /W- 5208 -L, prepared
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0 •
{ 9746 x,11329
by the City of Newport Beach Public Works Department and dated
April 30, 1971, which said Exhibit "B" is attached hereto and
incorporated herein by reference.
Section 3; Upon execution of this Resolution by the
Mayor and City Clerk; the City Clerk is hereby directed to cause
recordation of same in the Office of the County Recorder of Orange
County.
ADOPTED this 26th day of July, 1971.
6q.z:-;-f ,
Mayor
ATTEST:
City?: -. .Clerk
STATE OF CALIFORNIA)
SS
County of Orange )
On v 1971, before me, the undersigned,
a Notary Public in Qid for said State, persona
E. F. HIRTH, kno��((n t me to be the Mayor, and a E known
to me to be the /tfI y yClerk of the Municipal corporation that executed
the within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the Municipal corporation therein
named, and acknowledged to me that such Municipal corporation
executed the within Instrument pursuant to a resolution of its City
Council.
WITNESS my hand and official seal.
9N11111••I. ....... _
f �DOROTHY�L��PALEN• ���
° Nofary Public
State Cr California
Princioal Office In
p4 "� Orange County
My Commission Expires Feb. 9, 1973
6. u= .................................................
&`LIB C/ �'�C- rr/�
Notary Publi in and for said State
-3-
DO'N :mh
7/'19/71
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
Exv46/7- ud
C/ VLC - 0ENTE2 O.P/ VE
y QOd��
00. r
DRAWN A1,6,ktaj1DATE _4:30.71
APPROVED,
ASST. PUBLIC WORKS DIRECTOR
R.E. N0.
DRAWING
CITY OF NEWPORT BEACH
Office of
CITY ATTORNEY
To: The Honorable Mayor and
Members of the City Council
From: Acting City Attorney
Subject: Erection of electric gate at entrance
to Breakers Drive
July 26, 1971
F -2
The City was recently approached by representatives of the
property owners residing on Breakers Drive, with the request that
the City consent to the erection of an electric gate at the
entrance to Breakers Drive. The Breakers Drive Community Associa-
tion pointed out that because of the proximity of Breakers Drive
to the beach area, motorists seeking free parking have been inter-
fering with the rights of residents to use Breakers Drive. Although
parking control measures were attempted in the past, by means of
sign posting, the problem continues to exist. The Association feels
that the only satisfactory solution is the additional control which
would be provided by the proposed gate, which would alleviate the
problem without infringing on the City's property rights.
The City holds legal title to the street, subject to an easement
for roadway and public utility purposes in favor of the record
owners of the abutting lots. Since its conveyance to the City,
Breakers Drive has continuously been used as a private street by
the abutting property owners, with the City retaining its claim to
the underlying fee as a protection against any unforeseeable changes
in the area, which might require opening Breakers Drive as a public
street.
The Chief of Police and the Fire Chief, as well as other affected
department heads, have reviewed with representatives of the
Breakers Drive Community Association the question of accessibility
to Breakers Drive in connection with police and fire protection,
refuse collection and related City services, and it has been
determined that erection of the gate would not interfere unduly
with any of these functions. Adoption of the attached resolution
would express the consent of the City Council to the erection of
the electric gate at the entrance to Breakers Drive, with the
following reservations:
1. The City does not relinquish any rights it has to the
underlying fee;
1I
Re: Breakers Drive -2-
0
July 26, 1971
2. The City reserves the right to remove the gate if it is
determined to be in the public interest to do so;
3. The Breakers Drive Community Association will cooperate
fully with all departments of the City in the matter of access
to Breakers Drive.
AA*t6�04-
DENNIS O'NEIL
Acting City Attorney
DO'N:mh
Att.
CC: City Clerk
City Manager
Police Department
Fire Department
Public Works Department
Community Development Department
General Services Department
60"S'
JLui.VUw nos 74855.
A Yiy��$¢Cg7!LU'i`ZON OF �`ry� /L� CpIT CCO L OF pT®HE C:rri i
AN !:"MCTRIC GATE AT THE t TO BRPJMRS
DRI ":
WMMMXhS, City of Newport Reach has a claim to
Ownership of a crartain paicel of r al property known as "B,reakerg
Drive ", subject to the rezerv,:'Uon of an easement for roadway ',Axed
pubic utility purpos es in €Error of th6- record owners of ce: tain
lots abutting said Breakers Drive, ra zaoz+� full.; descvibei in
thAt certain quitclaim deed dated July 17, 195x, and recorded in
Book 2297, page 9o, Official. R :co-da of t7ra go County, *rber�uy
Citis "esna National Tru>t & Savings B,: k of L*s Angeles Conveyed
Breakers Drive to t9ie city dkf Dewpoxt soadbl and
WdMtMM, since its conveyance to the City, Brea %a'KFrs
Drive bas continuously been used as a privets ntraet by property
owners abutting said streety and
WHBRBAs, be eau is of the proximity. of Breakers Darin r to
the beach area, the, resulting traffic and parking problems have
caused extreme inconvenience and annoy:nn.e to than p> rmanent
resilent:i and property cr#meers, who h,�tvs reeuested the conweant of
tho, City to the areation of an electric gate at the entrance: to
Breakera Drive, to be cent: ;trusted and maintained solely by thzz
Sreakers Drive Ctummkity Aasociation, Inc., to control said
traffi:ci
WEUAW, the affected department het id:s have reviw4od
with the Breakers Drive Cemmainity ASc0ciation the Ma, tier of se 4s <s
to Bre:4cara D. «ions for ,police and fire protection, refuse
ollectlon, w9d related services by th- various City departrn •rt I,
end tz -ve deteimine d thatt the electric gate would prv- en*_ no
hindrance to the City4r aperationat
-l-
�® 7WAW0Rzj In. Ii R,, soLv%D by the city Council of
C.r;'y of $am)Ort Beach a?P b311a�.
1. Pomare7nt is hereby given to the Braakeers Wive
unity A:,!aO A&UANU. Ise.# to erect and m alantain s" Ple,ctrie
gate sat. the entrance to Weaket:s tWlve, with the express under-
JtP -nd1ng that the City does not `reTinquiah away rights it has to
the und.?rlyift fee;
a • The City reserves the right to ressov,e the electric
giltep 'VPM reasonable notice to the Associatione ite it is
detormi.aesi that it would be in thsr tv0,lt interest of the pUblic
is 49 qO, by reasm of interference with, or infringaunt upon,
any Of the City's genrernmental functirns, pewrs or property
rightsa, tar if the City Council deems it necessary to have the
gags rearoved for any other reaecal
9. It is understood that the Breaakerm Strive Ccmaunity
Association will cooperate fully with all departments of the City
in the matter of ready access to Breakers strive at all tim^gF
4. The City Clerk is directed to forward ,s. copy of
this resoluti(ti to the Breakers Drive community Associattion, Inc.
ADOMU this 26ti day of 3talsr, IP71.
ATTESTs Mayor
City Clerk
-�2-
DO °Ntmh
8/11/91
V
June 29, 1971
•
BREAKERS DRIVE ASSOCIATION
P. O. Box 232
Corona del Mar, California
To the Honorable City Council
3300 Newport Boulevard
Newport Beach, California
Gentlemen:
Inasmuch as motorists seeking free parking are interfering
with our rights of use in Breakers Drive, we plan, according
to the blue print submitted herewith, to erect an electric gate
at the entrance to Breakers Drive.
The Association Counsel has advised us that we have prior rights
to do so.
We seek City Council concurrence in our intention to exercise our
rights.
Very 'r y
CLIFFORD T
President,
Breakers Drive Association, Inc.
Vale JUL 1 1971
...........................
CONES SN'T TO:
0.
FLT
E—j
U
G-4
See file for
Map of
Proposed Entrance Gate for
Breakers Drive
6
CITY OF NEWPORT BEACH
City Attorney
Department
To: The Honorable Mayor and Date
Members of the City Council
From: City Attorney
April 9, 1970
Subject: Proposed lease between the Breakers Drive
Community Association and the City
Approximately six months ago the City was approached by
representatives of the property owners residing on Breakers
Drive, with a request that the City take steps to clarify the
.status of Breakers Drive. Prior to this request there had been
uncertainty as to whether Breakers Drive could be classified as
a public or a private street, and there had been a controversy
as to the authority of the Breakers Drive Community Association
to exercise dominion over the street by posting signs and
initiating complaints through the Police Department against
non - residents who parked vehicles on Breakers Drive.
As a result of our research into the matter, and after several
meetings with representatives of the Breakers Drive Association,
it was decided with the concurrence of Councilman Shelton that
the most satisfactory approach to resolving the status of
Breakers Drive would be to have the City enter into a tweaty-
five year lease with the Breakers Drive Association. Research
indicates that the City has legal title to the street, subject
to an easement for roadway and public utility purposes in favor
of the record owners of the abutting lots. The deed conveying
the street to the City does not purport to dedicate Breakers
Drive as a public street. Furthermore, there has never been
any definitive action taken by the City Council to register its
intention that Breakers Drive be a public street. Since the
City holds only a bare legal title to the street it may, in our
opinion, lease the street to the Breakers Drive Association for
private use. A copy of the proposed lease is enclosed.
8
It should be noted that at Paragraph 8 the lease provides that
the City Council may terminate it at any time upon 180 days'
written notice to the Association, provided that the City Council
determines that the leased property is needed for public use.
This provision should adequately proteet the City against any
unforeseeable changes in the area, which might cause the City
to wish to open Breakers Drive as a public street.
•
To: Mayor and Members
of City Council
This matter is scheduled
on April 13, 1970. All
that the City Council wi
Council should want to a
meeting following the st
authorizing execution of
could be placed upon the
6
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April 9, 1970
for discussion at the study session
interested parties have been notified
11 review the lease. If the City
ct upon this lease at the evening
udy session, we have prepared a resolution
the lease on behalf of the City, which
agenda as an item of additional business,
/L
TULLY Ot. SE SEYL
City Attorney
THS:mh
Att.
cc: City Manager
Planning Director
Chief of Police
Public Works Director
Traffic Engineer
City Clerk
1{
211
3
4
5
6
71
81
10
11
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13:
14.
151
161
171
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191
201
j
211
LEASE AGREEMENT
THIS LEASE AGREEMENT .entered into this
day of
1970, by and between the CITY OF NEWPORT.BEACH,
a municipal corporation, hereinafter called "City," and the.B
DRIVE COMMUNITY ASSOCIATION COMPANY, INC., a California non- profit
corporation, hereinafter called "Association."
R E C I T A L S
City has a claim to ownership of a certain parcel of real
property known as "Breakers Drive," as shown on Exhibit "A" attache
hereto, subject to the reservation of an easement for roadway and
public utility purposes in favor of the record owners of certain
lots abutting said Breakers Drive, as more fully described in that
certain quitclaim deed dated July 17, 1951, and recorded in
Book 2297, page 90, Official Records of'Orange County, whereby
Citizens National Trust & Savings Bank of Los Angeles conveyed
Breakers Drive to'the City of Newport Beach.
Since its conveyance to the City, Breakers Drive has
continuously been used as a private street by property owners
22�!; abutting said street. There is no evidence to indicate that
a
23:i Breakers Drive has ever been dedicated as a public street.
24;; The property owners abutting Breakers Drive have formed
25; a non - profit corporation known as the Breakers Drive Association
26; Company, Inc., and have requested that the City Council of the City
1.
2711, of Newport Beach authorize a lease of Breakers Drive to said
2811 Association for the purpose of clarifying the status of Breakers
29�1, Drive as a private street, to enable said Association to exercise
301:11 control over said private street and to relieve the City Police
31'1 Department from responsibility for parking control thereon.
32] NOW, THEREFORE, IT IS AGREED between the parties hereto
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ea
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41
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as follows:
MI
TERM. The City hereby leases to Association all that
certain real property located within the City of Newport Beach, and
I legally described as follows:
Lot A of Tract 1026, as per map recorded in
Book 33,.pages 37 and 38 of Miscellaneous Maps,
Records of Orange County, California;
SUBJECT TO: An Easement for roadway and public .
utility purposes in favor of the Record Owners of
Lots 24 and 26, Block A -36; of Corona del Mar, as
per map recorded in Book 3, pages 41 and 42 of
Miscellaneous Maps, Records of Orange County; and
the Record Owners of Lots 1 to 17 inclusive of
Tract 1026, as per map recorded in Book 33, pages
37 and 38 of Miscellaneous Maps, Records of Orange
County; and the Record Owners of Lots 1 to 9
inclusive of Tract 1257, as per Map recorded in
Book 38, page 25 of Miscellaneous Maps, Records of
Orange County, California;
for a term of twenty -five (25) years, commencing as of the
day of 1970, and ending the day of
, 1995.
2. USE. The Association agrees to use said land for
private street and public utilities purposes, reserving the right
to City to use said land for public utility purposes.
20 3. CONSIDERATION. The Association agrees to keep said
211 : property in a clean and sightly condition, free from weeds, rubbish,
22 papers or other debris and to assume responsibility for.management
231 of the property and parking control.
24i. 4. MAINTENANCE. The Association is authorized to improve
25 -1 and maintain Breakers Drive, and, subject to the prior approval of
26i the Public Works Director, may install landscaping, signs, fences,
27J gates and parking control devices thereon.
281 5. HOLD HAIZINILESS. The Association agrees to indemnify
i
29� and hold harmless the City, its officers and employees against and
;i
30 from any and all claims, demands, actions, judgments or liability
31�: of every kind and nature arising out of or related to .the Associa-
32j; tion's occupation and use of said property (excluding any such
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damage caused in whole or in part by the negligence of the City,
its officers and employees), and the Association shall reimburse
the City for any costs and expenses incurred by City in defending
any such claim, demand or action, including any attorneys' fees,
i
court costs or other expenses incurred by the City, provided
however, that such indemnity shall be effective only to the extent
permitted and /or provided by the insurance coverage provided by
the Association to cover such loss.
6. LIABILITY INSURANCE. The Association shall file with
j the City Clerk, and shall thereafter during the term of the lease
agreement maintain in full force and effect, at its own expense, a
i
general comprehensive liability insurance policy which shall insure
the City, its officers and employees against liability in the amount
of Five Hundred Thousand and no /100 Dollars ($500,000.00) combined
single limit per occurrence for bodily injury and property damage.
I
The policy shall name the City, its officers and employees as
additional insureds, and shall contain a provision that a written
I
j notice of any cancellation, modification or reduction in coverage
of said policy shall be delivered to the City Clerk thirty (30)
I
days in advance of the-effective date thereof.
7. ASSIGM ENT . This lease agreement shall not be subjec
to assignment without the consent of the City Council, which con
shall not be unreasonably withheld.
24 8. TERMINATION. The City Council reserves the right to
251' terminate this lease agreement at any time upon one hundred and
i1.
26:1 eighty (180) days' written notice to Association provided that the
271 City Council has first determined that the leased property is
2E� needed for public use.
291T 9. EASEMENT RIGHTS PROTECTED. This lease shall not be
30'1 construed to authorize Lessee to do any act which would interfere
:I
311 with or impair the rights of any property owner whose property is
3211. benefited by the easement for roadway and public utility purposes
-3-
1ij as set forth in the description contained in paragraph I of this
2 lease.
31 CITY OF NEWPORT BEACH
41 APPROVED AS TO FORM: By:_
Mayor
,L City Attorney ATTEST:
6
7jil City Clerk
LESSOR
9 BREAKERS DRIVE ASSOCIATION
10 By:
11 Title:
12
P By:
13:
Title:
14
LESSEE
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18i STATE OF CALIFORNIA
ss.
19! COUNTY OF ORANGE
2 i
0; i '-
21;, On before me, the undersigned
!I a Notary Public in and for said State, personally appeared DOREEN
22:1'� MARSHALL, known to me to be the Mayor, and LAURA LAGIOS, known to,
�,me to be City Clerk of the municipal corporation that executed the
23;. within Instrument, known to me to be the persons who executed the
w 'thin Instrument on behalf of the municipal corporation therein
i
24':named, and acknowledged to me that such municipal corporation
executed the within instrument pursuant to a resolution of its
25i City Council.
1!
26!j WITNESS my hand and official seal.
27!
Notary Public—in and for said S=
28
29 4
30'
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32.i
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2
311 STATE OF CALIFORNIA )
ss.
4:1 COUNTY OF ORANGE )
5
6 On before me, the undersigned,
a Notary Public in and for said State, personally appeared
71 known to me to be the ,
i an , known to me to be the
8•: of the corporation that executed the within
I; Instrument, cnown to me to be the persons who executed the within
91; Instrument on behalf of the corporation therein named, and
{j acknowledged to me that such corporation executed the within
101 instrument pursuant to its by -laws or a resolution of its board of
directors.
121 WITNESS my hand and official seal.
13a
14 II Notary Public in and for said State
15A
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3/25/70 32 :1
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CITY OF NEWPORT JLACH
PUBLIC WORKS DEPARTMENT
EXHIBIT .A
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lREFER J.CWG G -2877 i
DRAWN WwP. DATE ._Lr- Zi -y,r
APPROVED
PUBLIC WORKS DIRECTOR
DRAWING NO. L-500-4-Alf
To the Honorable Mayor
25 year
Re: Proposed),_Iease of
Association Company Inc,
JAMES E. HARRINGTON (C1
3415 OCEAN BOULEVARD
CORONA. DEL MAR, CALIFORNIA
March 7 1970
and members of the City Council of Newport Beach,Calif.l
a public road owned by the City to the B&kersg Drive
I address the Council as a taxpayer, an attorney and as arkwner of
property abbutin,7 Lot A referred to in the quit claim deed from the Citizens
1%tional Bank to the City and adopted by a resolution of the City Council
in 1951.
I object to the granting of this proposed lease on the fundamental
ground that Representatives of the City should not and in my opinion can
not legally transfer or give away City property without any consideration
and without following all legal requirements for such a transfer. An offer
by the proponents of this lease to maintain a public road is certainly not
sufficient consi.der.ation for tine City to s;rant a 25 year lease to such val-
uable City property.This proposed lease is obviously an attempt to turn a tgues
public road into a private parking lot for the benefit of the BDA Ass. &the r
I further object on the ground that this proposed lease is simply an
effort on the part of certain members of the BDA to legalize past and con-
tinuing illegal conduct. Said conduct consists of falsely contending that the
public road in question is owned by the abbuting owners, by posting traffic
signs along the public road in direct violation of a City ordinance which
prohibits private persnns from placing signs on public property and by caus-
ing; scores of car ownep.s to be given parking citations by the City police
charging that said car owners were illegally parked on the "private property"
of the complainant when in truth and in fact the car owner was puked on a
public road.
The City Attorney recently furnished Pie ti th a draft of the proposed
lease. T later ascertained that this draft apparently had been prepared by
an attorney for the proponents of this lease. I requested my son a capable
attorney to examine this draft and I am attaching hereto hi-s letter in which
he expresses serious doubts as to the legality of the City enteri:n. into this
lease and points out problems that may arise from such an unfortunate action.
I trust that his views and mine will be carefully considered by each member
of the Council.
I do wish to point out some other objections I have to this lease.
The statement is made on the first page of the lease that the "City has a
claim to ownership". This is vague,self- serving and incorrect. The City
has title to the property in question by virtue of a valid quit claim deed
and I and the other owners of the lots abbutting Lot A referred to in that
deed and in the proposed lease took our property subject to the City's
ownership. Statements concernin- continuous use of this public road as a
private street and lack of evidence 11 to indicate that Breakers Drive has
ever been dedicated as a public" are irrelevant and self - serving.
As pointer, out in my sonts letter the lease makes no provision to pro-
tect the rights of abbutina owners of Lot A who are not members or share-
JAMES E. HARRINGTON
3415 OCEAN BOULEVARD
CORONA DEL MAR, CALIFORNIA
PAGE 2
holders of the Breakers Drive Association Company Inc, and may not want
to become so.
There is no question as to Breakers Drive being narrow and that the
abbuting owners have had traffic problems. However it would appear that
they do not desire proper traffic control which could be acheived by
marking the road NO PARKING AT ANY TIME. This would insure equal protect-
ion of the rights of all citizens and not simply as proposed in the lease
the rights only of the members of the BDA Association and their guests.
I respectfully urge that the City Council postpone any
as to this proposed lease until there has been a thorough
applicable laws and the other problems involved.
Copies please to:
Mayor Doreen Marshall
Members of the City Council
City Attorney Tully Seymour
City Manager Hurlburt
Director of Public Works Devlin
Richard Lemon,Attorney
c/o Rutan & Tucker Attorneys
401 Civic Center Drive West
Santa Ana Calif.
� �L SLY �!✓'L. ^t'! ,.� -,� /Gi �. � �t.�.0 s'I %�' .
Sincerely,
James E. Harrington
further action
review of the
Ll
601 California Street
San Francisco, California 94108
March 4, 1970
James E. Harrington, Sr.
3415 Ocean Boulevard
Corona del Mar, California 92625
Proposed Lease of Breakers Drive
Dear Dad:
You have asked my advice regarding the proposal of
the City of Newport Beach to lease its interest in Breakers
Drive to a non - profit corporation known as Breakers Drive
Community Association Company, Inc. Although the proposed
transaction involves a number of complex questions which
cannot be answered without a substantial amount of research
and analysis, I can offer you a few preliminary observations.
In the first place, I am reasonably certain that
the transaction cannot be validly carried out without observ-
ing some sort of formalities, such as solicitation of public
bids or submission of the matter to the electorate. Whatever
doubts there may be as to the exact nature of the City's
interest in Breakers Drive, there is no doubt at all that
that interest constitutes public property. As you know, and
as the City Attorney must know, the Government Code and the
Streets and Highways Code strictly regulate the sale, lease
or other disposition of all types of public property.
Although it would take a certain amount of research to ascertain
the applicable regulations and to determine the precise
formalities which must be observed, I can say with some
assurance that the interest involved here cannot be disposed
of without any regard to such matters, which is apparently
the course of action that the City is presently contemplating.
In addition to this rather fundamental defect, the
proposed lease presents a number of troublesome subsidiary
problems. A couple of obvious examples that occur to me are:
(1) the absence of any provisions in the lease (other than some
extremely vague references) regarding ownership or control
of the proposed "corporation" or its use of the leased property,
which raises all sorts of possibilities of abuse of the rights
conferred under the lease; (2) the apparent disregard evidenced
by the entire transaction for the interests of abutting owners,
such as yourself, who are not, and who may not want to become,
members or shareholders of the "corporation;" and (3) the attempt
"to relieve the City Police Department from responsibility for
parking control" on Breakers Drive and to delegate that function
to the Association, this being a function that private citizens
obviously cannot exercise without either involving law enforce-
ment authorities or risking breaches of the peace.
I tend to agree with your view that this proposed
transaction amounts to nothing more than an attempt by the
City to bestow a cloak of legitimacy on what appears to
have been essentially a usurpation of public property. If the
City seriously intends to pursue this course, however, I
should think that at the very least it would wish to proceed
in a more careful manner than it is apparently proceeding at
the present time. I would advise you to request that the
City Council defer action on this matter until you, the City
Attorney and other interested officials and citizens have
had adequate time to review and consider the many difficult
problems presented.
Your son,
JAMES E. HARRINGTON
3415 OCEAN BOULEVARD
CORONA DEL MAR; CALIFORNIA
December 14,1969
Councilman Robert Shelton
Uity of Newport Beach,California
Dear Councilman Shelton,
i
I want to thank you again for your thoughtful and courteous
pnone call on the evening; of December lst, to inform :e of your meet-
ing, together with Mr. Seymour and Mr. Devlin, with members of the
Breakers Drive Association.
SincedyQyr call I have given the preplexing problem, of Breakers
Drive a good of thought and I am as anxious as you are to see that any
such situation as the Salt Creek affair does not arise to plague our
u "ity.
Aitcr your meeting with the BDA but before your call I had a
phone discussion of the legal: ties involved with lair. Seymour and upon
further reflection I am very disturbed by that part of our discussion
in ih ich Mr. Seymour stated or inferred that he feels that by some sort
of a resolution or changes in ordinances some sort of title could be
granted by the City Council so as to give the BDA dominion and control
over what I contend is valuable City property, I do not think that such
can be legally done and respectfully request you and the other members
of the City Council not to proceed with any such action unless and until
you are all fully satisfied that you are doing the Legal and proper thing.
lis I stated in a lengthy and detailed letter to 11r. Devlin dated
Aw^ust 31,1969 it is my basic contention that members of the BDA have
over a number of yearsconverted a City road into a private parkin; lot
for themselves and their guests. I further contend that in so doing said
members have engaged in an illegal course of c nduct. They have caused
at least a dozen illegal signs to be posted onn long Breakers Drive which
are in direct violation of a City Ordinance rhich prohibits private parties
I
ro.: posting gi ,ns on City property. But even worse they have caused the
police of the City to issue numerous parking tickets to car owners who
park on Breakers Drive charging said car owners with having "illegally
parked on private property " when in truth and in fact said cars are
parked many feet away from the property of the complainants. There is no
giestion in my mind that this police activity renders the City liable to
a class suit which could be filed by one or more of the perms illegally
ticketed and the City would be required by the Court to refund all monies
so secured.
I should also like to call to your attention that there are at
least six property owners,whose property abuts Breakers Drive or Lot A
AS it is described in the quit claim do(-,d of this property to the City
by the Citizens ATational Bank in 1951 , who are not members of the BDA
and wl,oso legal rights are identical to BDA members. Certainly the City
Council should not take any action of any kind until property owners who
PAGE 2
have such a legal interest are given notice and an opportunity to be
heard,
hr. Devlin has mentioned to me that there are statements made in
certain records and maps of the City wn ich would seem to indicate that
Lot A should be treated as a private road or there was such an intention
etc. .This may very well be true and because of my loss of via-on I have
been unable to examine such records. As an attorney with 35 years exper-
ience I respectfully insist that the only way to settle a title dispute
is to secure a title search and a title opinion. One can always err but
I an sure that such an opinion would conclude that title to Breakers Drive
or Lot A is in the City of Fewport Beach by virtue of said quit claim deed
ahLch does was adopted by A resolution of the City.
Or. Devlin and Mr.Seymour have mentioned to me that a title search
ona an opinion would be costly. I do not think that one would be as ex-
pensive as they suggest but even so it would be better for the City to be
sure of its ground now in any action it may decide to take in order to
avoid expensive litigation later. Furthermore if the members of the BDA
claim sane title or ownership of Lot A as they seem to do why not require
them, to establish their alleged title before acting on the resolution 1
understand they have 'requested. It seems to me that before any City off -
icial would take any action to diminish the Cityls ownership or control
over City property the burden should be on the proponents of such action
to establish their case.
As you stated you would in your prone call I would appreciate it
very much if you will notify .me of any further meetings with members of
BDA so that I and my neighbo Lngd property owners may arrange to be prcanni;.,
It would also be helpful if you would ask Mr. Seymour to furnisn me with
any proposed drafts of ordinances or resolutions so that we may have the
chance to study them before any meetings called to consider them, waald
you be so kind as to see that copies of this letter are distributed to
Mr. Seymour,ir. Devlin, Chief Glavas and Mr. hurlourt.
Thank you,
y
I L�
r
�+ l
.r
JAMES E. HARRINGTON
3415 OCEAN BOULEVARD
CORONA DEL MAR, CALIFORNIA
September 26,1969
To The Honorable Dorba Marshall, Mayor, and the Members of the City
Council of Newport Beach,California
From James E. Harrington,address above, whose property abuts on Breakers
Drive.
Subject Illegal activities of certain members of the Breakers Drive
Association hereafter referred to as BDA.
Under data of August 31,1969 I sent a communication to Mr. Joseph
Devlin, Director of Public Works with a copy to Mr. Thomas Woodruff, Assist-
ant City Attorney and later a copy to Chien of Police C:lavas., lu !Alai I
detailed certain activities of the BDA which I contend are
Illegal. I charged that the BD& has,over a period of years, taken dominion
and control over a public street in the City of Newport Beach and has con-
verted it into a private parking lot for the members of BDA and their
guests.. I further charged that in aid of these activities certain members .
d the BDA have complained to the Police Department and that Department
and its officers have issued scores of traffic tickets charging the car
owner with having parked on " Private Property " when in fact the car
owner is legally parked on a City street and said tickets are illegal
on their face.
I have been informed by Assistant Police Chief Nelson that the
Police Department has issued orders to its officers to cease and desist
from writing such tickets until the matter has been resolved. I have
also been informed by Mr. Thomas Woodruff that his office and that of
Mr. Devlin are in the process of an investigation of the parkin problems
involved and the legality and propriety of over twelve traffieat the gate
and along the right side of Breakers Drive which I m ntend are illegal
and that private • citizens have no right to plaster a City street with
such signs,which are in direct violation of existing City ordinances.
The purpose of this letter is to inform the Mayor and the Council
of the above developments and to request a notice in writing from this
honorable Council in the event anything pertaining to this matter is
brought before it for consideration or hearing.
✓�� C'l
c e Thomas Woodruff
Joseph Devlin
James Glavas
r,�P«s sE4at to:
1 j P,a•�'�,. R •mk. Ui�ed9E
I .,.a 6�p :4irP.c�oc
L..1
CONSENT TO USE OF LAND
The undersigned, ANTHONY CIRELLO, the holder of record
title to'the land herein described hereby consents and grants
permission to the use of said land by the CITY OF NEWPORT BEACH
for the purpose of installing an underground cable from an Edison
Company vault, across said property to energize a flashing beacon
to be located southerly of the subject property in the public
right of way along Irvine Avenue. A drawing of said proposed
cable installation is attached hereto marked Exhibit "A" and made
a part herein by this reference.
The land that may be used for said purpose is described
as Lot 8, Tract 3138, more commonly known as 2317 Irvine Avenue,
Newport Beach.
The undersigned grants his consent solely for the
purpose as described hereinabove and is not responsible for
any costs incurred or maintenance in connection with the proposed
installation of the flashing beacon.
Such consent to said use for the purpose described is
given subject to the right of the undersigned to revoke such
consent by serving upon the City of Newport Beach written notice
thirty days prior to revocation.
Dated: :.
aa uY
7
HONY:, IRELLO
2/23/71
DO'N:adw
CITY OF NEWPORT
EXHIBIT "A"
DRAWN16!!_� DA-�
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v
APPROVED
PUfit�i6 14DRKS DIRECTOR
DRAWI.ND. ;:0.
4
0
STUDY SESSION
TO: MAYOR AND CITY COUNCIL
FROM: Harbor and Tidelands Administrator
SUBJECT: CITY PROPERTY AT BALBOA YACHT CLUB
SITUATION:
ITEM
February 9, 1970
A. In 1959 the County of Orange approved a lease with the
Balboa Yacht Club for approximately .83 acres of filled tidelands adjacent
o the Orange-County Harbor District headquarters. The lease was for
25 years and will expire 14 years from now in 1983. The rental for the
property escalates annually from $790 in 1959 to $2,100 in 1983 for a
total of $39,630. As a part of the lease, the Yacht Club was also required
to bulkhead the waterfront.
B. Early last year it was discovered that about .09 acres, or
approximately 4,000 sq.. ft., included in the lease is City property. (See
attached drawing.) There is no land access to this City property except
through Irvine Company property or County property. The City property is
a triangular piece with 118 ft. on the waterfront which has now been bulk -
headed in accordance with the lease agreement. The property has been ap-
praised by Mr. Cedric White as being worth $12,000 to $20,000 depending
upon its use. With its present use the lower figure applies. There has
been development of this property by the Balboa Yacht Club and in fact a
small portion of the Yacht Club building lies over the City property.
C. Early in 1969, the Balboa Yacht Club sought to amend the
lease and to extend their agreement for about 40 years. As part of the
amendment, the County was going to delete the City property from the
lease and also increase the annual lease fees. The Balboa Yacht Club
recently elected not to pursue an amendment of the lease because of
several factors such as
1. The County's proposal to increase fees.
2. The County's decision that a new lease would be subject
to a bid procedure, opening up the use of the property
to other bidders.
D. The County now intends to let the lease run its course.
E. Section 1042 of the City Charger requires approval of the
voters for leasing waterfront property, however the existing lease and its
antecedents antedate the adoption of this provision of the Charter.
DISCUSSION:
A. This is a reverse situation of the Harbor Island lease where-
by the City leased tidelands claimed by the County to the Harbor Island
•
- 2 -
Association. Now, as in that instance, both parties entered into the agree-
ment with the best of intentions.
B. The odd shape of the property, with its restricted land access and
the existing development thereon, strictly limits the utility of the property
insofar as the City is concerned.
C. The City Attorney believes that the City can lease the land to the
Balboa Yacht Club without having to go to the voters in view of the fact
that the existing County lease was consummated prior to the Charter amend-
ment. If the property is leased separately by the City at the same rate as
the County lease, the fees would range from $145 in 1970 to $231 in 1983 for
a total of slightly over $2,600. If the City adopted the policies of the
State Land Commission, a reasonable rental would be $720 a year for a total
of about $10,000.
D. If the City did lease the property to cover both the City and the
Yacht Club for the remaining period of the current County lease, a new
lease could be renegotiated in 1983 or other means of disposition can be
explored.
E. The Balboa Yacht Club is amenable to negotiating a lease for fees
at least equivalent to those now being paid to the County.
RECOMMENDATION:
Authorize the Staff to enter into negotiations for the lease of the
subject City Property.
G. M. DAWES
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Attachment
CITY OF X $W?OIZT BEACH
May 28, 1969
TO. CITY MANAGER
FROMi CITY HARBOR CGORDiNA*
;W,
SUBJECT: BALBOA YACHT CLUB
surv6y..of the.,6ity tidelands area now oC
Cupied by the Balboa yaebj l.iib-aad an -examination of
the lease agreement betv##u the 'C'ounty of Orange and the
-Balboa Yacht Club rasa, "'* the.following'
A. Tha1eaia -agreement commenced in 1959
and *as to continue until 1983. The
..,,leaa4,_Ax now"being modified because of
the discovery of the City tidelands
within the area and because' the County.f..
discovered that they were not*c�jaeparateiy
Teasing the water area.
B The annual fee for the lease was. orig.inal-
ly based on the fact that the Balboa Yacht
Club was contributing a substantial amount
of capital improvement in...the way of bulk-.
haaAs for the area, therefore the lease
r
fR,1959 was $790.00 and . the cost increas-
ed until' 1983 It
.:b-7. $,60.00 annually il' i n
would have reached $2,100.60. FortJ964
the -lease would have been $1,260.00.
ne legal description of the property in
thei lease included.the area of City tide-
1 kw The total acreage was .83 acres
of which..003 acres belongs to the City-
about 11% of the total.
D. A rough drawing is attached which shows
that the Club area consists of parcels
of land owned by three entities-the Ir-
vine Company, the County of Orange, and
the City of Newport Beach. * The club-
house itself rests on portians of all
three parcels.
#'l boa Yacht Club
Psg ®.2.
Map 1969
B.F. The sketch also shows that there is '.no
land access to the City tideland parcel
,,without going,throu =h either County or
Yrvine Company property.
While'the City ownO!4; reel has 118' of valu-
able waterfront, 3't appeara to me that the lack of land
ae:tess severely limits the, practical utilization of this
Parcel in the generally understood interpretation of the
term 'bacad public use ". Lacking utility from the view-
point of1toad public use, it would appear that the ;best
thing to do..would be to sell or exchange that parcel', -for
something b.e ;tters However, the City charter specifteal-
ly prohibits 'selling or conveying; any waterfront or "beach
property excepting to the State or to the County for use
as a public beach or park.*
ark The relative inutility of
the property.for'.beach or park purposes.would, seem to
preclude this course of action.
It. would appear that the most practical use
at the moment would be to negotiate a lease with the
Balboa Yacht.Club, a non - profit organization. Besides
`recognizing $,de facto situation this also provides
for a quasi - .public use of the parcel.
The City Charter requires approval by the
majority . of the electors for leasing of this p.ro-
perty. The next general election is scheduled for
April 1970,.but.I understand that there.are other
special elactiun,s tha4 -may occur. prior to that time.
It`ie therefore recommended that I be author-
ized to co.mrenf.$:negotiations with,the Balboa'Yacht Club
for lease of..tbe City tidelands now occupied and used
by the Ba1b6a Yacht C]:ub:-
G. M. DAWES
cc:. Councilman Shelton
City Attorney
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