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HomeMy WebLinkAboutMiscellaneous - 1962-1965November 2, 1965 Mr. ]avid J. Malloy 931 Venice Boulevard Los Angeles, California 90015 Dear Mr. Malloy: Your letter of September 30 regarding a request for replacement of fence running parallel with Balboa Avenue east of Grand Canal, Little Balboa Island, was presented to the Council on October 25, 1965. The matter was diaried for consideration on November 6. MS:dg cc: Mr. David J. Malloy 226 Grand Canal Balboa Island, California j Very truly yours, Margery Schrouder City Clerk City of Newport Beach cn n, cia W J. Raliq _Aa 931 VENICE SOULEVARO • LOS ANGELES. CALI PORN IA 900 IS TELEPHONE 749-4 18 September 38" a98$ Mayor Paul J. Gruber and Council Members City of Newport Beach City Hall Newport Beach, California Honorable Mayor and Members of the Council: Ae= Bequest for replacement of fence running parallel with Balboa Avenue east of Grand Canal, Little Balboa Island. Original fence and broken concrete was removed so as to construct our new home located at 226 Grand Canal. We realize it is impossible for you to make a physical in- spection of true conditions affecting the following request. Were it so, we feel confident our request would be granted. We removed the old fence and broken concrete which was previously in the exact location that we now want to erect a new fence. We have replaced the concrete but would like your approval to replace the fence with a new wrought iron fence twenty -six inches high, installing the new fence within three inches of the existing sidewalk. There are no city utility lines or conduits under this area. When our plans for our new home were in the formative stages we decided not to ask for a two -foot variance which would have permitted our second floor to extend out over the alley, said variance having been granted for three new buildings this gear, located at 224, 218, and 216 Grand Canal, knowing that we would ask for the consideration we want now and we did not want to be asking for both. The one we are applying for now seemed more important to us. Also, if permission is granted, it could be given upon con- ditions, that the fence would be removed at the owner's expense G06AIL: DI POSITION: Mayor Paul* G s r - 2 - �tem* 30, 1988 ' and Council Mem if ever necessary to do so. All fences east of us on our aide of the street come out to the sidewalk. Pleading for favorable consideration, we remain, Yours very truly, DAVID J. MAL Y' Council Members: We the adjacent property owners affecting this request, sincerely trust it will be granted. 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II /9 1 9' 20 o 29 7 4ZLC ;n /:g 22 n 4ZLC / 22 n 2-a os 29 2 4ZLC / n 2 /3-ap. :?o SO TO: THE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: The Beacon Bay Committee �' y -3 g July 27, 19 \65� r Based upon conclusions reached after meeting with Mr. Joseph Beek, the prime leaseholder; and members of a committee from the Beacon Bay Community Association, consisting of James B. Fredericks, President, Joe S. Earhart and John MacNab; consideration of the proposals for lease modification submitted by the Beacon Bay Community Association and the Balboa Yacht Basin; and a study of the excellent Beacon Bay Lease folio prepared by the staff; the Committee would like to make the following recom- mendations: -Q 1. That the Council reject the present proposals. 2. That the Beacon Bay Community Association and Balboa Yacht Basin be informed that the Council considers itself bound by Section 420 of the City Charter in that the lease and extension thereof would be for a longer period than twenty - five years, and that the Council is herewith adopting a policy that any future proposals which may meet with the tentative approval of the Council must be placed on the ballot for the approval of the voters. 3. That the Beacon Bay Committee be instructed to wgrk with the staff to develop a land use study of the area. With respect to the first recommendation, it is obvious from the staff study that neither of the proposals for lease extensions are com- mensurate with the present value of the properties. Concerning the second recommendation, most of the property adjoin- ing the waterfront is held in trust by the City of Newport Beach under tideland grants from the State of California; all of the property can be termed waterfront property, and it is the belief of the Committee that any proposal for the lease of waterfront property of such long duration should be placed on the ballot under the same policies governing the sale of City -owned waterfront lands. Concerning the third recommendation, the Committee recognizes the fact that the residents of the Beacon Bay residential area have a, definite, and increasing problem relating to the secondary financing of the lease- , hold improvements, and that adherence to the present lease patterns must inevitably result in a downgrading of the area. In an endeavor to effect relief for the leaseholders and to define the responsibilities of the City of Newport Beach under its trust, it is the belief of the Committee that the staff should make a study in depth to determine if the present development of the property is compatibly related to similar and contiguous properties, and if the present lease and sub -lease commitments are functioning to the greatest benefits of the City of Newport Beach and the present leaseholders. Respectfully submitted, THE BEACON BAY COMMITTEE Councilman Parsons, Chairman `Councilman Cook Councilman Marshall @TY OF NEWPORT BEAC COUNCILMEN Volume 19 - Pag 34 3� �y t ro \7i� Index August 9. 1965 �,P P * 2. The following Budget Amendment was approved: Motion x Ayes X x xxx C -4 being a transfer of Budget Appropriations for Noes x additional funds ($412) for purchase of Selectric Typewriter; from Unappropriated Contingency Reserve to Administrative, Office Equipment (0390). 3. The following Budget Amendment was approved: Motion x Ayes xxx xxx x C -5, being a transfer of Budget Appropriations for additional funds ($345) for purchase of bronze plaque for the dedication of the Lifeguard Station; from Unappropriated Contingency Reserve to Lifeguard Equipment N. O. C. (2893). RECESS for ten minutes was declared by Mayor Gruber. The Council reconvened with all members present. ADDITIONAL BUSINESS: 1. Consideration of the recommendations of the Beacon Bay Committee, contained in a memorandum dated July 27, 1965, was held over until later in the meet- ing in anticipation of the arrival of Mr. Joseph Beek. Z. The staff was instructed to come back to the Council Motion x with recommendations regarding the status of the Ayes x x x x x x old lifeguard headquarters property on Newport Forgit x Boulevard as surplus, to be presented to the Council with a resolution outlining the proper steps to bring the property to public sale. (It was the consensus of the Council that an appraisal should be included in the staff report.) It was directed that the report from the staff include Motion x any information pertaining to the possibility of Ayes x x x x x leasing the property. Noes x x 3. A letter was presented from Richard S. Stevens, Vice - President of the Balboa Bay Club, appealing from the decision of the Planning Commission denying a request for rezoning the premises at 1221 West Coast Highway from R -4 to C -O -Z district, Planning Commission Amendment No. 208. Said appeal of the Balboa Bay Club was set for Motion x public hearing on August 23, 1965. Ayes xxx xxx x Page 34 Mrs* Jack R. Alward 4208 River Avenue Newport Beach, California 92660 August 4, 1965 Mayor Gruber City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Dear YhWor Grabert The ohances of this letter crossing your desk, I realize are practically nil, because of the abundance of correspondence you undoubtedly receive, but I fervently hope that someone will read it and perhaps do us and the City of Newport Beach a favor. But, before going into detail, I was much pleased, since I had some dealings with the City Council,,prior to your appointment, that someone younger with young ideas had finally filled the seat of Mayor. Someone who, perhaps, would see a few things this City needed. I do hope I'm correct in ay estimation of your capabilities* The ideas of beautifying Newport Beach is commendable, but, so far, it has been a hit and miss proposition. Here is where ny complaint lies. We recently purchased a home which is adjacent to a 301 % 901 City -owned lot, which is in great need of care. Alp husband has called with no results. I have called many times and again nothing. The same old run- around. I know that the progress of any governmental procedure is slow, but, not so when the City (said, Fire Department) makes their rounds, posts notices and sets fines on an individual for a "hazardous" piece of land, etc. But, who is going to post and fine the City? Not only is this lot a fire hazard, because it has been neglected many years, but since it has the appearance of a dump, people, visitors and residents, not knowing it is City owned feel quite free to dispose of any unwanted items. We have a periodical pick -up of broken glass, beer cans, papers, etc. At present, there is a broken -down car parked three Also, it is adjacent to a City Beach and Park. A place where our visitors of this "lovely, chaotic" City spend a great deal to thee. I often wonder what they think of our City. Yq husband and I would not mind cleaning this lot, but, there is a small problem of disposing of the debris. We must have it an nicely packaged, wrapped in a blue ribbon. 5o far, our bundles have not been removed. We either must purchase two or three extra garbage cans, or hire a trailer to haul the stuff away. We would like to ssbeautify" this lot, but undoubtedly FILE: j 6 Mayor Gruber - Alward Page 2 of 2 re: lot located at Ord & River there would be repercussions. Perhaps we'd befined for utilizing City owned property or some confused soul, believing it to be ours, next "fire season" request that we clean our lot. Stranger things have happened. The immediate neighbors on River, 42nd and Ord are cognizant that this is City owned and I know that they, too,, feel the futility and the neglect of previous complaints. Not meaning to be redundant, but, again, if this lot, located at the corner of Ord and River, were prviately owned it would be spotless by this time and /or the City Treasury a little richer. Being a Bay Front lot the people are supposed to have access to this property, but don't; or at least would be foolhardy to tread amongst a great variety of items, most of them harmful on "wee - tender" feet, I realize, Sir, that this be a "small" problem considering your agenda, but, perhaps you can do something that none of the former owners of this property or the Fire Department have been able to accomplish. I remain, Very truly yours, Mrs. Jack R. Alward 4208 River Avenue Newport Beach, California 92660 oc: City Engineer Fire Department JULY 26, 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: REMOVAL OF UNAUTHORIZED ENCROACHMENTS FROM THE PUBLIC RIGHT OF WAY ON SEASHORE DRIVE BETWEEN 56TH STREET AND ORANGE AVENUE RECOMMENDATION: DISCUSSION: THAT THE .STAFF BE AUTHORIZED TO INITIATE PROCEEDINGS TO CLEAR ENCROACHMENTS FROM THE RIGHT OF WAY ON SEASHORE DRIVE. WIDENING OF SEASHORE DRIVE FROM 56TH STREET TO ORANGE AVENUE HAS BEEN BUDGETED FOR THE 1965 -1966 FISCAL YEAR. SINCE THE AVAILABLE RIGHT OF WAY WIDTH IS ONLY 40 FEET, IT WILL BE NECESSARY FOR EXISTING ENCROACHMENTS TO BE REMOVED IN ORDER TO PROVIDE ADEQUATE STREET WIDTH. THE ENCROACHMENTS CONSIST PRIMARILY OF FENCES AND MASONRY WALLS. HOWEVER, THERE ARE ALSO AT LEAST 3 HOUSES AND GARAGES WHICH PROJECT INTO THE RIGHT OF WAY FOR DISTANCES OF UP TO 14 FEET. IT IS EXPECTED THAT THE PROCESS OF CLEARING THE MAJOR ENCROACHMENTS WILL TAKE CONSIDERABLE TIME. THEREFORE IT IS RECOMMENDED THAT THE PROCEDURE BE COMMENCED AT ONCE SO AS NOT TO UNDULY DELAY THE IMPROVEMENT PROJECT. SOME CONCERN HAS BEEN EXPRESSED THAT WIDENING ON THE SOUTHERLY SIDE OF SEASHORE DRIVE WHERE THE ENCROACHMENTS EXIST MIGHT NOT BE NECESSARY IF ADDITIONAL RIGHT OF WAY ON THE NORTHERLY SIDE .SHOULD BECOME AVAILABLE IN THE FUTURE. IT IS UNLIKELY THAT SEASHORE .DRIVE COULD EVER BE WIDENED SUBSTANTIALLY ON THE NORTHERLY SIDE BECAUSE FURTHER REDUCING THE NARROW WIDTH OF THE STRIP BETWEEN COAST HIGHWAY AND SEASHORE WOULD SEVERELY RESTRICT ANY PRACTICAL USE, SUCH AS PARKING, WHICH COULD BE MADE OF THE PROPERTY. J SEPH DEVLIN P BLIC RKS DIRECTOR BBN:VR OOSIT V. cu_ FIL, June 28, 1965 City Council City of Newport Beach City Hall 3300 W. Newport blvd. Newport teach, California, 92660 RE: Fence- 6201 Seashore .wive, Newport Beach Gentlemen: Last month I built a small split -rail fence. The cost was small, but it took lots of hard work and time. The following week I received a letter from the Public ?Forks Department stating that the fence encroaches into the public right of way along - eashore ✓rive, and requesting its removal by Juno 11th. This date was extended through a personal interview with vir. Kenneth L. Perry of the Public +cork: Department due to a disability of a broken ankle. I have the highest respect for the Uity of Newport peach and most certainly feel that the proposed widening of Seashore Dr. would benefit all, as wes discussed with Mr. Perry. I was completely unaware of any violation on my part as there are many, many fences up and down the Drive which are out as far or further than mine; 6005, 6105, 6111, 6209, 6305, 6409, 6501, 6505, 6605, 6607, 6611, 6700, 6705 Seashore Dr., just to mention a few in my area. Therefore, is there any way possible for me to have the benefit of the fence until the widening project goes into effect? As you can see from the enclosed photos the fence does not take away any public driving or parking space,, out only adds to the appearance of the ,)rive. Very truly yours, Mr. N. R. Pieper 557 N. Daisy Avenue Pasadena, 0alifornia ... .� t >�i `tb � t b p i A ,,,E 1 ._..� .... �raw.tiiM.. .- J �' s' � � !tl 1 :z s Fire Eeas"An alley at^.` ear of ft1 1,25 McFadden riece. I recomead" that the Council #V84��taluloa to replace the 1 'gir• eseepe with `i1 am steel structure as ah&WWTon place sulseitted a* "s approae4 by., the Building `Aepartneat.- x A. GL x: BAGiac CC% J. Devlin, Public Works Dapt.f M. Schroudere City Clerk (O�VcF P�F4dRDRT 8EM1`'N , `, % a This office represents Edward L. Carson, Executor of the Will of Thomas Carson, Deceased. The estate owns the property located at 121 -125 McFadden Place. The existing fire escape is in bad disrepair and the Executor desires to re- place it in the same location. The present fire escape encroaches into the air space over the alley adjoining the building and it is not possible to re- locate the same. Permission is requested of the City Council to replace the old fire escape with a steel structure which will encroach into the air space over the alley as shown on plans submitted to the Building Department of the City. Your early action upon this request is solicited. .... Sincerely, u pl� ti0 + HURWITZ, HURWITZ & REMER By _.` t rney tor Executor HA:es \ cc: Edward L. Carson -! M HURWITZ,HURWITZ F3 REMER ATTORNEYS AT LAW MAX HURWITZ TELEPHONE ROBERT A. HURWITZ 430 32tl STREET (714) 67:3- ® 0 2 0 FRANKLIN I. REMER POST OFFICE BOX 1335 HARRY ASHTON NEWPORT BEACH, CALIFORNIA 92663 SAM COHEN PETER KORICAN IN REPLY REFER TO FILE NO. May 27, 1965 Honorable Mayor and City Council City of Newport Beach Newport Beach, California Gentlemen: This office represents Edward L. Carson, Executor of the Will of Thomas Carson, Deceased. The estate owns the property located at 121 -125 McFadden Place. The existing fire escape is in bad disrepair and the Executor desires to re- place it in the same location. The present fire escape encroaches into the air space over the alley adjoining the building and it is not possible to re- locate the same. Permission is requested of the City Council to replace the old fire escape with a steel structure which will encroach into the air space over the alley as shown on plans submitted to the Building Department of the City. Your early action upon this request is solicited. .... Sincerely, u pl� ti0 + HURWITZ, HURWITZ & REMER By _.` t rney tor Executor HA:es \ cc: Edward L. Carson . rUN j'aZ�- � MAr z4, :965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: UNAUTHORIZED ENCROACHMENTS IN THE PUBLIC RIGHT OF WAY IN SANTA ANA AVENUE RECOMMENDATIONS: 1- �. THAT ANY STRUCTURE IN THE PUBLIC RIGHT OF WAY THAT WOULD REQUIRE A BUILDING PERMIT BE REMOVED. p 2. THAT THE ENCROACHMENTS AT 330 AND 418 SANTA ANA AVENUE BE REMOVED. DISCUSSION: AT THE COUNCIL MEETING OF MARCH 22, 1965, THE STAFF WAS O!RECTED TO HAVE THE ENCROACHMENT AT 1118 SANTA ANA AVENUE REMOVED, AND TO REPORT BACK TO THE COUNCIL REGARDING OTHER RIGHT OF WAY ENCROACHMENTS IN SANTA ANA AVENUE, AN INVESTIGATION WAS MADE. TO LOCATE PERMANENT IMPROVEMENTS. WITHIN THE PUBLIC RIGHT OF WAY. REMOVABLE FENCES AND PLANTINGS WERE NOT INCLUDED. AT THE FOLLOWING LOCATIONS, MASONRY WALLS ENCROACH INTO THE PUBLIC RIGHT OF WAY: 1. 330 SANTA ANA AVENUE - BLOCK WALL 20' LONG, 61 HIGH, EXTENDS S' INTO R /W. 2. p 1118 SANTA ANA AVENUE - BRICK RETAINING WALL, 25' LONG, 12' HIGH, EXTENDS INTO R /W. RETAIN :NG p12' WALL 3' HIGH, 8' LONG, 2' WIDE, ENTIRELY IN R/W. 3. 512 AND 518 SANTA ANA AVENUE - 3 BLOCK RETAINING WALLS, 27' HIGH, EX- TEND 16' INTO R /W. 11. 3000 BROAD STREET - BLOCK RETAINING WALLS & PLANTERS 12" HIGH, EXTENCS 22' INTO R/W, 5. 1127 SANTA ANA AVENUE - BLOCK RETAINING WALL., 3' HIGH., EXTENDS 22' INTO R/W. 6. 325 AND 329 SANTA ANA AVENUE - BRICK RETAINING WALL 911' LONG, 12" HIGH, EXTENDS 22' INTO R/W. AN EXHIBIT SHOWING THESE ENCROACHMENTS WILL BE ON DISPLAY IN THE COUNCIL CHAMBERS. THE OWNER OF THE ENCROACHMENT AT 418 SANTA ANA AVENUE `ITEM 2), MR. JACK SINNETT, HAS AGREED TO REMOVE HIS ENCROACHMENTS, BUT ASKED FOR A DELAY UNTIL AN INJURY TO HIS FOOT HEALS SO THAT HE MAY DO THE WORK HIMSELF. THE PUBLIC WORKS DEPARTMENT HAS ALLOWED HIM UNTIL JUNE 19, 1965, TO REMOVE THE ENCROACHMENTS. SEPH DEVL11N P U�LIC O KS DIRECTOR :BE (i I J CARL S. K.EGLEY ATTORNEY AT LAW TELEPHONE 2843 EAST PACIFIC COAST HIGHWAY 673-3082 CORONA DEL MAR, CALIFORNIA 92625 ;tay 13 ? IN RX : CHARLES CAMERON HARVEY and ROSE MARIE HAIWEY City of Newport Beach, and Grant Howald Park, Community of Newport Harbor City Ball 3300 'r. Newport Blvd. Newport Beach, California Gentlemen: Youth Ce COUNGIL• This letter is being written in As you know, an action has been of the rarveys, Charles Cameron property damage suffered. bISPOSITION: FILE. duplicate., a �- ra 1,64 z commenced against you, on behalf and Rose Jarie, for injuries and Prior to airs. Harvey's injuries, you were notified of the inherent danger from objects, among them, baseballs, threatening and strik- ing passers -by, damaging and injuring real property and structures. Since her injuries, there has been no cessation of this condition. I have been informed that baseballs have struck the milkmen, have barely missed passers -by, and that when a play is on, one to two baseballs a day, or more, have been observed clearing the Pence and threatening property and persons. This is the experience when a c?'ame is on and on Saturdays and Sundays, of course, there will be a marked increase in the danger. Looking ahead to the forthcoming summer season, with the steady play, 1 have been informed that the con- ditinn will be insufferable. Last year, Occupants and owners ^c:oss the street were threatened every time they want out o' the home. This is clearly a nuisance, a continuing one, and one that these property owners and occupants should not have to be confronted ;vii.h. :riffs. =:'_arvey's concussion was serious enough. Surely, we should not have to wait for a possible death from a similar play, remembering that she was inside the home when struck, before something is done to protect the occupants and property oalners from this obvious nu 11 1", `_our im.me;9iate attention to this condition is demanded. "ours very truly, ` I I CARL 3. YE G.LEL // .. C4:. :cet PACKING HOUSE KI 5.1187 • OFFICE TELEPHONES KI 5.4211 Is MA S -1605 SAKIOKA FARMS GROWER AND SHIPPER 14850 E. SUNFLOWER AVE. SANTA ANA, CALIFORNIA >ril 26, 1" 7 I <anorable Council, City of :,each, C; tj +.'(all, I :c-':mort '3each, California. Gentlemen: A F10 PUSAL ^0 i' COui;CII, The 1'011O,`+inf; ?)rOpO5a1 1s hereFrith submi �ted t0 yo -ar Honorable BoLf by y�oy K. SakioIia, wi?ose px^_ncipa]_ headquarters and office is loon ed l'JenuB, lii 'i.�' O -° Jantc. Ana, �OUnty OT Grange, :hate of C.lifq_ria, -- for tiie fo_la„ing puruesc, to -rit.- To acquire by (A) Lease, (3) axxi:Ange of Leases, (C) turcaasc r,`1tr�. i ?'t and/or -than c _u— ci]asc3P the parcel of land, situated at ho . -'outh East Horner, lida'7B and Urook]!U= S t, ill ':;ile Ci ty of ' llntin - -: on ch, "our.-_y of Cran e, atate of California, dimensions of said parcel being 300 : 3001. I presently u,-,n 13 acres -rrhicli surrounds the above described 'I„^.r CCl, and :f:'1].c n, ii acouiTed viould ro-ond out �''--UDro.zizi- �' -tely 20 acres, on w'1L.Ch T plan to build a modern shopping center, corLOletelj% attuned i:o the to =_1po of present day construction standards. I purcha3ed these to acres referred to above in connection ;with a larger parcel from the City of Newport death ixi 1960 for the purpose of adding to q; farn holdings. So I come to you with this proposal, not as a stranger, to acquire this parcel or the use of it, since it- should have been accuirod originally, or given sore precedence to acquiring it or the lease of it, to protect tine highest and. best use of �;1C lir0? ?er �j' rig''hts acquired in r'y purchase of 1960. 1 have been a lonrgtine resicent o_ Orange Coui'ty and have farmed tine lances of Southern California for over 40 years, and have raised a large 3amtily. They also follar farsdng for a living. This should indicate, in sore measure, not only rC, sincerity of purpose, but also clearly manifest rV unshakable faith in the future growth and progress of Orange County. 'Therefore, in order 'to afford the `:ridest possible scone to the Council of the City of rie;:-oort 3each to find sone ;ritually equitable basis upon which serious consideration could be given thin- proposal, the follcr ini; t Lree methods are submitted here -in bolUv, (A) - LEASE - I vd.11 enter into a leasehold agreeeent ttc City of de:moert Beach, covering; 'the subject parcel of land, for a tern of 'i ron%v , Years, Frith provision for t ro options of Ten "Years eachy -:rith the amount of annual rental to be determined by, and based upon the findings of, an estab- lished, independent anpraisors, said rental to be paid to City of L;e.,�ort Beach, monthly, quarterly or at Cityls option. PAW ,,C) :- From -Roy K&akiokay 14650 E. Sunflower AveJWanta Ana,Calif. April 26,1965 To: The RCMrable Councils City of Newport mach) California. In consideration of granting by the Citys of above describ- ed term leasehold, and in order that the City shall receive a pronortio=e a share of any increase in the general econ- osy during the term of said lease or any extensions thereof, provision shall be made for reappraisal of value of subject parcel of land by independent and reputable appraisers., and revision of rental figure adjusted accordingly. Said reapprais- als to be ::fade at eight year intervals from effective date of leasehold. (3)- F.a'CBUTGE OF IMSES':- I Trill enterinto an agreement to e_ciange leases covering the South East Corner of Adams and Brookhurst (3001 x3001)2 Hm,itington Beach, California for an equal size parcel of property on any of the three corners of ny adjacent 18 acres. Values of rentals to be established by, independent appraisers. Terris of leases to run concurrently and with similar conditions contained in, paragraphs under (A)- LEASE2 above. (C)- PURCIL'iSE OUTRIGHT and /or EXCHANGE ?UPCFASES I will enter into an agreerent to purchase outright the South East Corner of Adams and I3rookhurst (3001 x 3001)2 huntington Seach, California, at itts fair market value, or will exchange for it an equal size parcel from either of ti:e three corners of ry 16 acre parcel adjoining this property. The fair na.rket value of the respective properties to be established by, independent appraisers, approved by both parties. City to retain all water and mineral rights. (2) The City shall of Course, retain all its existing right, title, and interest, in an to, the oil, mineral and mater righ-VS, said rights to be in no vrise eff -C" "O: b;;r'the lease- hold, nor any of the terns and conditions thereof. F`urthcrmorei in order to assure the City of the fullest measure of good faith, provision shall be made to the effect, that, when and if the City, in itts discretion, thru emerg- ency or othenTise, finds it necessary to augment itts Trater supply., the right shall be given the City at any tine during the tern of lease or any euensions thereof to drill a Trell at subsurface level, upon reasonable notice to Lessee, Thus, the City by leasing the subject parcel of land under the suggested terns and conditions as set forth herein, is placed in the unique and e_traordinary position of avniing the subject -� parcel of land, while retaining itts full rights to water at any tine during the period of leasehold as explained above, and at the save time derive a substantial revenue in the form of rental. The City may, at itts option, include or omit, a clause to ¢- z the effect that Lessee have oi_tion to buy subject parcel, after _ a specified period of tine at a p ioe consistent ;dth the then prevailing fair t market value. (3)- F.a'CBUTGE OF IMSES':- I Trill enterinto an agreement to e_ciange leases covering the South East Corner of Adams and Brookhurst (3001 x3001)2 Hm,itington Beach, California for an equal size parcel of property on any of the three corners of ny adjacent 18 acres. Values of rentals to be established by, independent appraisers. Terris of leases to run concurrently and with similar conditions contained in, paragraphs under (A)- LEASE2 above. (C)- PURCIL'iSE OUTRIGHT and /or EXCHANGE ?UPCFASES I will enter into an agreerent to purchase outright the South East Corner of Adams and I3rookhurst (3001 x 3001)2 huntington Seach, California, at itts fair market value, or will exchange for it an equal size parcel from either of ti:e three corners of ry 16 acre parcel adjoining this property. The fair na.rket value of the respective properties to be established by, independent appraisers, approved by both parties. City to retain all water and mineral rights. (2) � g PAGE _T - rRCU, Roy A qllyoka, 14350 E. Sunfla7er Ave.2 Alk to Ana, Calif, Aril 2631965 TO : The Honoi3ble Council, City of r;e oort BARN California. In conclusion I shall apprecj.ate your most favorable consideration of the proposals above submitted. Q& very important to no and to this project that a fair and equitable solution is found in the solution of this problem. IV land is ready in point of time for development as several large tenants are biding their time and until such time as I can see emerging a clean-cut master plan for the developnent. I cone to you zrith py proposals because I am attempting to avoid any incompatible improvements or tenants adjacent to my property. I do not propose to erect any improvements on the subject parcel, rather it would baJsed principally for parking area and supplemented with aesthetic landscaping. Respectfully sub,dtted4 Roy f;{ Sak ioka APRIL 26, 1965 TO: CITY COUNCIL FROM: PUBLIC WORKS DIRECTOR SUBJECT: PROPOSED BUILDING CONSTRUCTION OVER SEWER EASEMENT AT 7014 AND 706 IRIS AVENUE RECOMMENDATION: DENY REQUEST TO CONSTRUCT RESIDENTIAL BUILDING OVER SEWER EASEMENT, AND REVOKE BUILDING PERMIT UNTIL CONSTRUCTION PLANS ARE REVISED. DISCUSSION: THE PROPER MAINTENANCE OF ANY SEWER MAIN REQUIRES THAT A SUFFICIENT AREA FOR MEN AND EQUIPMENT BE PROVIDED AND PERPETUATED IN ORDER TO SERVE THE MAIN. THE PURPOSE OF THE SEWER EASEMENT IS TO PRESERVE THIS AREA FOR THIS FUNCTION. THE CITY, BY ACCEPTING THE SEWER AND EASEMENT IN THIS LOCATION, MUST PROVIDE IN PERPETUITY FOR THE CONTINUING FLOW OF SEWAGE FOR THE COMMUN- ITY AS WELL AS THE ABUTTING PROPERTY. THE STANDARD LOCATION FOR SEWER MAINS IN CORONA DEL MAR IS IN THE ,ALLEYS. HOWEVER, IN THIS AREA BETWEEN IRIS AND JASMINE AVENUES, THE ALLEY IS AN UNIMPROVED DRAINAGE COURSE AND SEWERS WERE CONSTRUCTED ON EACH SIDE TO SERVE THE PROPERTIES ABUTTING ON EACH STREET. ATTACHED IS A SKETCH SHOWING THE SEWER EASEMENTS AND PROPERTY OWNED BY MR. R. WHISTLER. IF THE BUILDING WERE CONSTRUCTED AS SHOWN ON THE SKETCH PROVIDED BY MR. SOULE, ACCESS TO THE SEWER WOULD BE LIMITED. BECAUSE OF THE TOPOGRAPHY, IT MAY BE DESIRABLE IN THE FUTURE TO FILL THIS AREA. THIS COULD BE ACCOM- PLISHED WITHOUT ANY KNOWLEDGE BY THE CITY. THIS FILL WOULD RESTRICT ACCESS EVEN MORE THAN THE CONFIGURATION OF THE BUILDING SHOWN ON MR. SOULE'S SKETCH. IN THE EVENT OF FAILURE IN THE SEWER, THE CITY WOULD EXPERIENCE GREATER REPAIR COSTS, AND POSSIBLY,: BE LIABLE FOR THE RESULTANT DAMAGE. FOR THESE REASONS, WE FOR MR. R. WHISTLER BE DENIED. RECOMMEND THAT COUNCIL`:, a EPH DEVL�IN LIC KS DIRECTOR :BE ATTS. THE REQUEST MADE BY MR. SOULE �-fie. � /1 xS - ZZ //A ? %i+ /p /B . « Ib +. /4 /5 /2 1 /3 = 1 kA t to 4 /Z jj i h v ' 3 +o /D 9t r ii 5a' . h xS - ZZ //A ? %i+ /p /B . + ^ /G +. /4 /5 /2 1 /3 = 1 kA t to 4 11Y 2/ ? %i+ /p /B . + ^ /G +. /4 /5 /2 1 /3 = 1 kA t to 4 /Z Jd CALE /5 ZZ // . ZD ' . /B . + ^ /G +. /4 /2 4 /0 V Q kA t to 4 CALE /5 Z/ "v /q Oil t /7 a t ✓5 /!o /4 , /2 4 /0 V Q ' 5 t to 4 Z/ "v /q Oil t /7 a t ✓5 + /4 , ' IrV 4 v y A � t ' 5 t Z/ "v 3 i3 t ♦ 4 v � A � t ' 5 t ew i c Z/ s ZZ Z✓ i. S'ElNF2 ; E',d.SEME`N7' ACROSS' ' YR/S= A!/e. r . d ie {{t1)1! 1 x � 1i 4♦ , �n IF 'i -!: x y, nr ! • 3:: n.isF;i.oiF`.:L. `f,J . r'r, 5t� xn'7'_ R :'.* IvP3 .{sih d�. cr,� 1 1�{:09R r: .yFAr o$;+A +, �+dk4t }! r1. ..r.a•°! +: t v...: .t; .. r'i v %5 /Z v ' 3 ew i c Z/ s ZZ Z✓ i. S'ElNF2 ; E',d.SEME`N7' ACROSS' ' YR/S= A!/e. r . d ie {{t1)1! 1 x � 1i 4♦ , �n IF 'i -!: x y, nr ! • 3:: n.isF;i.oiF`.:L. `f,J . r'r, 5t� xn'7'_ R :'.* IvP3 .{sih d�. cr,� 1 1�{:09R r: .yFAr o$;+A +, �+dk4t }! r1. ..r.a•°! +: t v...: .t; .. r'i `J r347mv�5W APRIL 21. 1965 CITY COUNCIL; CITY OF NEWPORT BEACH CITY HALL 3300 NEWPORT BLVD. NEWPORT BEACH. CALIFORNIA GENTLEMEN: IQUf�GII: �1 y � IN BE —HALF OF THE OWNERS. MR. S MRS. ROBERT WHISTLER. I WISH TO APPEAL THE OPINION OF THE CITY PUBLIC WORKS DEPARTMENT THAT NO STRUCTURE BE PERMITTED BRIDGING OVER A CITY SEWER EASE —MENT. THE TWO LOTS IN QUESTION ARE AT 704 AND 706 IRIS AVE.. CORONA DEL MAR. AND THO THE PLANS FOR CONSTRUCTION WERE OTHERWISE APPROVED. WORK HAS BEEN STOPPED BECAUSE OF THE OPINION. I ASK FOR RELIEF FROM THE OPINION ON THE BASIS OF THE MERIT OF THE CONDITIONS OF OUR PARTICULAR SITUATION. WHICH ARE AS FOLLOWS: 1. THERE ISAIKARDSHIP INVOLVED BECAUSE OF THE LOCATION OF THE EASE —MENT PREVENTS. NORMAL USE OF THE PROPERTY FOR DEVELOPMENT. THE 4 FOOT EASE- MENT IS 43 FEET FORWARD ON THE LOT FROM THE REAR PROPERTY LINE OF A 118 FOOT LOT. 2. WE HAVE DESIGNED THE STRUCTURE TO BRIDGE THE EASEMENT SO AS TO PERMIT REASONABLE ACCESS FOR HAND DIGGING TO SERVICE THE LINE. PLEASE SEE SKETCH. 3. THE USE OF BACKHOE EQUIPMENT TO SERVICE THE LINE OR REPLACE IT IS NOT LIKELY SINCE AFTER DEVELOPMENT. IT IS VERY DIFFICULT TO 'GET THIS EQUIPMENT IN ANY BACK YARD. 4.. THE COST ADVANTAGE OF THE BACKHOE WOULD BE SLIGHT IF ANY. BECAUSE OF THE SHORT BUN. THE CLOSENESS OF THE LINE TO THE SERFACE. AND THE DANGER OF DAMAGE TO THE EQUIPMENT AND TO ADJOINING STRUCTURES. S. THE EXISTING 8 INCH CLAY LINE WILL NOT LIKELY BE REPLACED BY CAST IRON. AS MR. DEVLIN ADVISES THAT CLAY IS A SUPERIOR MATERIAL IN THIS AREA. 6. SINCE THE AREA WHERE A SEWER EASEMENT BISECTS LOTS IN GENERALLY BUILnABEE LOCATION. IN CORONA DEL MAR..PRECIEDENT SHOULD NOT BE AFFECTED. 7. ENGINEERING DID NOT SAY NO TO US WHEN WE TOOK THE DESIGN TO THEM IN THE PRELIMINARY STAGE. WE ARE NOW ON THE SPOT WITH LOAN MONEY READY TO GO. PLEASE RECONSIDER. wvv;+:�'�° `_ .- s..i x. � •:; }a; 'ter r�.,. y FRANK A. COZAD= Commercial Corners — Specializing in Service Station Properties Commercial Corners W. A. 13IU:' O'CONVOR MADISON 7 -1394 ASSOCIATE Or / 649 SOUTH OLIVE STREET FRANK A• COZAD, Realtor LOS ANGELES 14. CALIFORNIA 649 SOUTH OLIVE STREET LOS ANGELES 14. CALIFORNIA MADISON 7.7394 April 20, 1965 City Council Newport Beach City Hall Newport Beach, California Gentlemen: w'e have a client who is interested in some corner commercial property in the City of Huntington Beach. The Southeast Corner of Brookhurst and Adams, which is owned by the City of Newport Beach, is one of the properties in which he has expressed interest. Would you please advise me if the property is for sale and if so, the price and terms. I am looking forward to your reply. Enclosed is self - addressed stamped envelope for your convenience. �10' Clav sincerely, William O'Connor 2r �� , ZA k. C �� , ZA • U,A 61 !;EACH, V- 1� '64 AJ Fob /AA, Air '- l�f.:.. �1 Vii..'. TO: FROM: SUBJECT: i CITY COUNCIL PUBLIC WORKS DIRECTOR APRIL 12, 1965 UNAUTHORIZED ENCROACHMENT INTO PUBLIC RIGHT OF WAY; SEASHORE DRIVE AT ORANGE AVENUE f1 RECOMMENDATION: DISCUSSION: THAT ANY REQUEST STRUCTURES INTO DRIVE BE DENIED. FOR ENCROACHMENT OF FENCES OR OTHER THE STREET ADJACENT TO 6711 SEASHORE ON MARCH 23, 1965, BUILDING INSPECTOR T. B. KIRKHART STOPPED WORK ON A SIX -FOOT HIGH GRAPESTAKE FENCE BEING BUILT IN THE STREET ADJACENT TO 6711 SEASHORE DRIVE. NO BUILDING PERMIT HAD BEEN ISSUED FOR SAID FENCE. ATTACHED IS A COPY OF CITY OF NEWPORT BEACH DRAWING NO. R/W- 5054 -1_ WHICH SHOWS THE FENCE PROJECTS APPROXIMATELY 7 FEET INTO SEASHORE DRIVE, 6.3 FEET INTO ORANGE AVENUE, AND 0.5 FEET INTO.THE ALLEY. THE PROPERTY OWNER, MR. MICHAEL KEELER, OBJECTED TO BEING ASKED TO REMOVE THE FENCE. THE PUBLIC WORKS DEPARTMENT ADVISED MR. KEELER THAT NO LEGAL ACTION WOULD BE TAKEN AGAINST HIM UNTIL HE HAD A CHANCE TO APPEAL TO THE CITY COUNCIL ON APRIL 12, 1965- MR. KEELER VERBALLY AGREED TO REMOVE THE FENCE WITHOUT FURTHER ADO IF THE CITY COUNCIL DENIED HIS REQUEST. J SEPH P BLIC KLP:VR ATT. VLIN DIRECTOR COUNCIL: 6� DIS?OSITION: Q� 0 0 ' SEtI SH0.2E 1y L72 /!iE' - cl. Mo u. SEE - OETLI i L 74 \ N' �J � i✓era� Mss¢e a lull LlLLEY •� � h .CiLLEY .5z Aov, /. P Tee 72v(� IG.3 �0�oS I �,0 GOT 7-- h CITY OF NEWPORT BEACH DRAWN.W,4r DATE.�7./BGB PUBLIC WORKS 'DEPARTMENT APPROVED "- OE'TLl /L Off' ` • � :�<... !-=.- PUBLIC WORKS DIRECTQR A T „ 2EOWp00 FE.C/ 7' E,G>r'�OtIC yME.UT R.E. NO. `1 a 7// DRAWING NoQft�5o54 -L lity 1'oinoil City of 'tie,,jport L)each Newp')rt beach, Dear Sirs, 0 6711 Seashore Drive Newp<)rt ]De,-4ch, "alifornia 5 1055 T ; � ur, wri to you reg,xdi,iv ai _)rder which we receive.1 frxrt� the ",ity to remove the fence which I erected Li fr,)nt of my property. -1 feel th:,,t LhI.S Dreier is cotr!pletely aijustifieJ for -;: h e., r�il:)wLag rr-,z +rons. Ta fLrst place, we submitted to you Ivid had okayed p .l_,- ns to remodel our property which included ,he fence. ':Je have -a build. iZ pcnmit and assLuneri that it itic-i-ude-d all of the work, not just a portion. Our sec ?.;id reas)n is that this faire is inside the Lines r.)f the previous ferices that have beeri ,innnc'i th i - prooerty aid if. they were -Al ri;,ht we d:Y1 It feel that we sh.)u!6 be oenadi7ed for just renovinu an old ofte ;rit1 oreeltiag rnd new and better ne. I re;dize, 4c well as all the other ;people in this aei.-huorliood �qho e.re :)-I �Ity prorerty, that if you ever HA.d. de- cide to Lmcrovp '.,he streets in this area we w,--)u1_d have to remove the fence. hut, .4.9 it .strands -1-w.) the proper%r is oo �-Tood cO VOU at :all. It is a, 0410 P RKIJ o*l ,.rea aric.l vi•uln' cAly be a place for more 1,rqsh to collect. is far, as the loweri4ic, of the fence is (­)n-cerned: lower n; it to three fret 114., Jefr -to the ourn )se of ;.t altogether. It has ad Jed ba-Jly oceded privaclr to our or.)Dert Y . I,HJrk at night arid feel that my. wife -is .rlacli safer with an enclosure :a_roikid he I Qu,dayls, people from the be'.Lch UIP our wafer, even to the ooin` of w;,s7._1!_nZ bheir cars. The chil(3ret 'n the nei,--hPor- ho,-A, Plus the peonle fro , beach w ilk .�crross .)ur prooc-rty Usc, ii• r?s t Vlrld-11,1 :;rea- Ly the fence :v,,e to kee-, the curtains cl"sed all 'h,, 'i-me .nd L­ e -eblb to use the all i,h�t we io h;vc_ D C_ si,'es uciri- beneficial to us, our nei7hc)ors that it is e a 1-reA imor)-vemcn+ to Oil, P•Dnert­ n wF.. woald 1;-ke to request to lc.airp it as i_t is inlil the City improves the qtre�?t,,. Since rely, (�) Mr. James I. Sessions 430 Dahlia Ccrom del 'far, California Dear Mr. Sessions: Enclosed is a Quitclaim. Deed form the City of Newport Beach dated March 23, 1965, to the owner or amers of record of Lots 13, 15, and 17, Block 431, Corona del Mar. It is requested that you have the Quitclaim Deed recorded and that you advise us when this has been accomplished. Sincerely yours, Marvery Schrouder City Cleric . City of Newport Beach MS /mjc Encl. cc: Public Works Director City Attorney CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT NO. TO: CITY CLERK FROM: ACTING CITY MANAGER. SUBJECT: COUNCIL AGENDA, MARCH 22, 1965 MARCH IO, 1965 Date PLEASE PLACE ON THE MARCH 22, 1965} MEETING. OF THE CITY COUNCIL AN ITEM AND RESOLUTION AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED BY THE MAYOR AND THE CITY CLERK TO THE OWNERS OF RECORD OF LOTS 13, 15, AND 17, BLOCK.. 431 OF CORONA DEL MAR, FOR CERTAIN RIGHT OF WAY FOR A SEWER PIPE LINE. J:, T. DEvLIN JTD:vR Z/ MI x /665 (6) r, 2 3 CITY OF NMIMT SUCH, a municipal corporation 4 hereby release, remise, and forenor'quitelaim unto the owner or 5 owners of record of Lots i3,.1 ::and`17,:Elock 434 of Corona del. 6 Mar, in the City of Newport ,h, County of Orange', State of 7 California, all of its right, title and interest in and to that 8 certain right of way for a sever pipe line as described in the dee 9 to the City of Newport Beach recorded Jose 88, 19450 in Book 1316, to page 300, and Book 13206 page 86, of Official Rewords in the o!!ic 11 of the County Recorder of Orange County, California<,Asscribod as 12 follows;'. , ry 13 A parcel of lx* :L-" (6) feet is width lying three (3) feeved each ii o and adjacent to the lying 14 described cuter line: 15 Beginning at a point`on the Southwesterly lino of Lot 130 Flock 431 as ahovn the cap o! Coraaa del flaw, 16 recorded in Book 3 lase 41 a! liisoellanoous 16442 Records of.Oraaangga lounty, California, which pout is 17 31.02 fact *artla�esterly from the siost-doutharl corner of said Lot 13; thence rueeing North 76 "`11' 39" Bast 18 38.17 loot to a point in the Northeasterly line of said Lot 139 which point is 27.42 feet from the most 19 Sasterl77 corner of said Lot 13; thence continuing North 78° 11' 30" Bast 44.94 loot to a point.in the 20I Southeasterly line of Lot 17 of said Block 431, which point is 4.83 fact from the most Southerly corner of 21 said Lot 17, Block 431, Corona del Nar. 2211 Said easevnest being hereby gaitcla aed is shown on City 23 of Newport Beach Public Works Department drawing No. R/W- 5028•L 24 dated 7 -30 -63 entitled "Sanitary Saner Rmt;'to be.Quitclalmd 25 Lots 139 15 & 17 Blk 431 Corona del mar", a copy of which is for 26 the sales of convenient identification marked Exhibit "A" and 27 attached hereto and made a'past hereof by this reference. 28 Datod: 16659 29 CITY Of MPORT SUCH l 30 3y f% . 31 ATTEST': 32 y clerm r 111 STATE OF CALIFORNIA ) : 2 COUNTY or ORANGE ) 3 On g,... `_, z,3 , 19659 before so, a Notary 4 Public in and for said County and Stata, personally appeared 5 PAUL.J. WX= and MARQXRy SCH&oUDER, lmown to as to be the Mayor 6 and the City Clark, respectively, of the CITY OF NSwPORT BEACH. 7 the mmicipal corporation that executed the within instrument. 8 and aelmowledgad to me that said municipal corporation executed 9 the, same pursuant to a resolution of its City Council, 10 WITS my hand and official seal. / w�_ .....__._....__....._ ......... . ✓ � "' % ( � v 12 00ROTH -,' L. PAUP ioVok aNawc - CAUFORNIA Notary Public in and for 13 _ OFFICE IN said County and State DOUWY 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a. • • SCALE. /'.3o' I" /7 ro �o C�' v Q S~ 1 o � , �Q2' ES,(.�1T. /4 N, TO 45E QLN7�'L..4 /MED w A3 7 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SAKI/ 17-Ay2Y SEWE.Q jE"SMT. TO B,C ,Gnu /TCL d 1A,1 ,0 COr,'3 13,15r 917 "'!3G/t :43,1 DR AWN ._!+ APPROVECI ASST DRAWINO 50 ' �J J N Q ' v Q 0 50' DATE RLIC WORKS DIRECTOR R.E. NO, P/w 5028 - L EXHIBIT A 0 r SUBJECT: Beacon Bay Lease Audit DATE: 3 -22 -65 RE: Ltr dated Jan. 29. 1965 from Ira N. FriRhap & Co. submitting "Computation of Lease Rental from property known as Beacon Bay for years 1950 through 1964 ", and a memo frm Actg City Mgt dated Mar. 22 1965 re Beacon Bay Lease audit. q0 SUBJECT: C -505 January 1S, 1985 County Recorder Hall of Records Ormta Ana, California Dear Sir: Attached for recordation is a Grant of Easement., from The Irvine Company to the City of Newport Beach, being a non-exclusive easement for road purposes for ingress and egress over certain real property*.(a portion of Pacific View Drive). Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS-,dg Encl, t. y January 15, 1965 The '_rvine Ccnnpany P. 0. Box 37 !-- -,.ne, Call.!`nrnia Attent.irm: William Mason, Vice President Contlemen: �:ttached is a Quitclaim Deed from the City of "Te-uport Beach to '-Iie Otmers of Record of the C.- ...y's intarnst !-n a portion of a 40 -foot road easement. Said (hdtclaim Deed Baas authorized by the City Council on January 11, 1965 by the idogtion of Re ^olution No. 6097, a certif'.ed coPy of which is attached hereto. IVery truly yours, Margery Schrouder City Clerk City of Newport Beach MS:dg Encle. i of 382.98 feet; thence southeasterly 169.36 feet along said curve through an angle of 25° 20' 13" to the beginning of a compound curve concave northeasterly having a radius of 214.96 feet; thence southeasterly 116.31 feet along said curve through an angle of 31° 00' 03 "; thence South 75° 19' 42" East 86.55 feet to the southwesterly corner of that certain "Reservoir Site" as described in a deed to the City of Newport Beach recorded December 20, 1957 in book 4143, page 395 of Official Records. EXCEPT that portion thereof lying southerly of the following described liner Beginning at a point North 18° 59' 26" West 30 feet from said southwesterly corner of that certain "Reservoir Site "; thence South 71° 00' 30" West to a line which bears South 75° 19' 42" East and passes through said southwesterly corner. The portion of said easement being hereby quitclaimed is shown on The Irvine Company drawing dated 9/28/64 designated Drawing No. 74P -6 -L, entitled "Quitclaim of Portion of Road Ease- ment Recorded in book 4143, page 395 of Official Records by City of Newport Beach to Record Owners ", a copy of which is for the sake of convenient identification marked Exhibit "A" and attached hereto and made a part hereof by this reference. Dated: ka it 196 - 2 - CITY OF NEWPORT BEACH / By May ATTEST: _a- �- rY-� -- Cit Clerk • • STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On /J , 196,4', before-me, the under- signed, a Notarf Public in and for said County and State, personally appeared PAUL J. GRUBER and �za t� o d�2i , known to me to be the Mayor and the City Clerk, respectively, of the CITY OF NEWPORT BEACH, the municipal corporation that executed the within instrument, and acknowledged to me that said municipal corporation executed the same pursuant to a resolution of its City Council. WITNESS my hand and official seal. N ary Public in an or said County and State NAN ELLEN YVVROFF d ��...,. ..'NGE COUNTY - 3 - I. N.W. LT LINE OF M.W.I] o •21G T OF WAY PEQ 2,402 69 0 X �. / 0 \S TIJ4T ,422T✓O�V OF EX ✓ST. -40 .20A0 EASE-ASE T27 O @ro: ,..... C 17-Y OF NEWY 00)27- a- -ACf /' PE,P -G14J1.395 C.R. 7?7 o e DE 0W7- CLA 1ME0 7V ,eE'C0,20 OW111,S-,25. N �:. I U '. 41 L U r1v, �— ci� if ZuN i co A L C DATA SE✓oY✓/✓ 41E- eEOIV' w,4:5 TAKE /✓ -/20M 2.,5 G314,5 -- 4�e ACCESS EAS EM'j ��G .; , p6R O.R.4659/137 ;••571 °00'30'7✓ 4 FJ27 /OU ✓F 13tiJCK5 NISO 59'26'' w /SWLy CO.FAIEfZ OF •.; \ / "RESERVOIR SITE'S ' :%; P IRVINE COMPANY TITLE 62,1117C,II10 arP02TI25)IJ of 2OW V,9Z IE.UT eECOC'DED /&13 -/143, 103.95 6" 10042 tfYFGRD ROAD; IRVINE, CALIFORNIA, 544.0120 I" /Tyo1y&V1l�7.E'TBc- ,4Cl,l T eZr4%,P DTT' DRAWN BY CHECKED BY OVERLAY DRAWING NO. 14. /�. C. 2 SHEETI OF 1 EX/-/ /B /T °A" r q To: From. Subject: 0 to CITY OF NEWPORT BEACH CITY ATTORNEY �� P t NTt NT ,� 4 January p-1965 .� '..� i The Honofable Mayor and Members of the City Council -� D' City Attorney CITY ny f1EWPtIF EACH Sale of City property to Anthony Pools, Inc. :. Introduction: This report is submitted to you for the purpose of informing you of some problems which have arisen in connection with the sale of City property to Anthony Pools, Inc., and in order to obtain instructions from you as to how to proceed. In June, 1964, the City entered into a contract to sell certain real property to Anthony Pools, Inc. The property is shown on Exhibit A and identified as parcels 1 and 2. The contract of sale provides for a total purchase price of $155,000, payable in full upon close of escrow or if the buyer elects to do so it may pay $46,668 upon close of escrow and may pay off the balance in three annual install- ments of $34,444. The buyer has made a deposit of $5,000 pursuant to the contract. The contract of sale further provides that the buyer's duty to perform under the contract is contingent upon the availability of a standard owner's policy of title insurance guar- anteeing title to all of the property to be vested in the buyer. Following the execution of the contract a preliminary title report was obtained from the Title Insurance and Trust Company, This report showed title to parcel 1 vested in the City; however, it showed that title to parcel 2 was vested in the Newport Bay Dredging Company, a corporation whose corporate powers were suspended March 6, 1935. After receiving the preliminary title report the under- signed met with representatives of the Santa Ana office of the Title Insurance and Trust Company in order to obtain further in- formation and to explore the possible courses of action open to the City. The local representatives of the title company advised me that they would not undertake to issue a policy of title insur- ance guaranteeing title in favor of Anthony Pools based on a deed from the City since their search of the records showed that title was vested in the Newport Bay Dredging Company. I pointed out to them that the City had occupied and exercised control over parcel 2 for many years, had constructed improvements thereon, and that the South Coast Company had leased parcel 2 from the City in con- junction with parcel 1 for a period in excess of 15 years, It was also determined that parcel 2 had been continuously assessed to To: The Honorable Mayor and Members of the City Council -2- January 4, 1965 the City for property tax purposes for many years. On the basis of these facts I suggested that the title company should recognize a prescriptive title (adverse possession) in the City and disregard the record title. The local representatives of the title company stated that they did not have authority to insure a prescriptive title, but that they would be willing to discuss this possibility with their superiors in Los Angeles. On October 9, 1964, I met in Los Angeles with Mr. Floyd Cerini, who is a Vice - President of Title Insurance and Trust Company and District Counsel for Los Angeles and Orange Counties. Mr. Cerini stated that he would discuss this mat- ter with other officers of the title company and would let me know their decision. I was subsequently advised that the title company would give favorable consideration to recognizing the City's claim to a prescriptive title and would consider the issuance of a policy of title insurance in favor of Anthony Pools if the City would furnish the title company with affidavits substantiating its claim to a prescriptive title. In addition to the title problem previously discussed there is a further obstacle to the completion of the sale of this property. Section 1402 of the Charter prohibits the sale of City -owned water- front or beach property. Section 1402(b) was added to the Charter by a Charter amendment effective January 25, 1961, to permit the unrestricted sale of parcel 1; however, this amendment failed to include parcel 2 in the description of the property which could be sold. Although I have not been able to discover any evidence in the records to explain this omission it appears that parcel 2 was left out of the description through inadvertence since parcel 2 has no apparent practical use independently of parcel 1. There are`two alternative choices for resolving this problem. The first alter- native would be to place a Charter amendment: on the ballot exempting parcel 2 from the restriction against sale contained in Section 1402 of the Charter. The second alternative would be to file a lawsuit requesting the courts to judicially decree that parcel 2 is not subject to the restriction against sale. Discussion; There are two obstacles which are preventing the completion of the sale of parcels 1 and 2 to Anthony Pools, both of which involve parcel 2. The first problem involves the state of the title of parcel 2. The title records show title vested in the Newport Bay Dredging Company. However, all available evidence strongly sup- ports the conclusion that the City can successfully claim title to parcel 2 on the basis of adverse possession. Although the title company has given no firm commitment that they will insure the title of Anthony Pools to parcel 2 on the basis of a deed from the Too The Honorable Mayor and Members of the City Council -3- January 4, 1965 City, they have tentatively agreed to do so upon being furnished with affidavits supporting the City's claim. Favorable action by the title company would enable the City to dispense with a lawsuit which would otherwise be necessary to establish an insurable title in the City. Such a lawsuit would necessitate a minimum delay of one year in resolving the title problem, The second problem arises because of the restriction against the sale of waterfront property contained in Section 1402 of the Charter. Although parcel 1 is exempt from the restriction as the result of a Charter amendment, parcel 2 was not included within the description of the exempt property in the Charter amendment. This problem could be resolved either by placing a Charter amendment on the ballot to exempt parcel 2 from the restriction against sale or by seeking declaratory relief in the courts. The first alternative would in- volve a delay until April, 1966, the date of the next general munic- ipal election,or until such sooner time as a special election were held. The second alternative, if a favorable result were obtained in the courts, could probably be accomplished within a six -month period, Conclusion-. The City Council is requested to instruct the City Attorney as to how it wishes to proceed. The following alternative courses of action are submitted to you for your consideration; 1. The City Council could determine that it is not feasible to consummate the sale of the property at this time and could cancel the contract of sale with Anthony Pools, The property could then be disposed of at some future time at the pleasure of the Council after the problems discussed in this report have been resolved. 2. The City Council could indicate its intention to complete the sale at the earliest possible date and instruct the City Attorney to take whatever steps are necessary to accomplish this end, including the following steps; (a) Furnish the title company with the affidavits necessary to support the City's claim to title to parcel 2 by adverse possession. (b) Authorize the City Attorney to file an appropriate legal action seeking a judicial construction of Section 1402(b) of the Charter for the purpose of establishing that parcel 2 is exempt from the re- striction on the sale of waterfront property contained To: The Honorable Mayor and Members of the City Council -4- January 4, 1965 in Section 1402 of the Charter, or direct that this matter be determined by a vote of the people at the next municipal election. (c) Revise the contract of sale between the City and Anthony Pools to reflect the changed conditions which have arisen subsequent to its executicn. (d) Prepare a new interim lease covering the property that is being sold to Anthony Pools which would permit Anthony Pools to continue to occupy and use the prop- erty pending the completion of the sale. I have communicated with Mr. Morton R. Field, attorney for Anthony Pools, and have informed him of the difficulties we have encountered in completing the sale of the property. I have received a letter from Mr. Field stating on behalf of his client that they are still interested in completing the purchase of the property at the earliest possible date and that they will cooperate with the City in attempt- ing to resolve the problems that have arisen. THSamec Enc. cc - Acting City Manager City Clerk Public Works Director Finance Director Respectfully submitted, Tully H. Seymour City Attorney • 6A AD -A 36MON id " /Q 9: 8 7 1 6 15 JW 9?/ 4 BLK /2 14 15 c B5' � NE'I�V�RT BL Vl� . rM 54L6' Or CITY PPOPE TO wlrgoNY PODLS DRAWN DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. To From Subject • • 88 CITY OF NEWPORT BEACH CITY ATTORNEY DEP TMENT City Clerk City Attorney Pacific View Drive January 7, 1965 ✓Y -(o d 9 7 Y, 1 ' 1'91� Attached are the following: 1. Grant of Easement dated December 11, 1964, from The Irvine Company to the City of Newport Beach. 2. Proposed resolution accepting said Grant of Easement, 3. Quitclaim Deed from the City of Newport Beach to Owners of Record. 4. Proposed resolution authorizing the execution of said Quitclaim Deed. n The Irvine Company by letter of September 17, 1964, requested that the City execute a quitclaim deed of its interest in the 40 -foot road easement lying outside of the 60 -foot right -of -way for Pacific View Drive and accept a new non - exclusive easement for road purposes over said right -of -way. The City Council at its meeting of September 28, 1964, approved that request. Action on these documents should be taken concurrently, with the Council accepting the Grant of Easement prior to authorizing execution of the Quitclaim Deed. THS:mec Encs. cc - Acting City Manager � 5 , Tull Se o r City Attorney CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT :i rt January 8, 1965 To: The Honorable Mayor and City Council From: City Attorney Subject: Proposed Charter Amendment At a previous study session, the City Council indicated its intention to place a Charter Amendment on the ballot which would permit the sale of the small triangular parcel of City - owned waterfront property southerly of the property in Block 22, East Side Addition to the Balboa Tract, owned by Mr. John A. Blaich. If this is still the desire of the Council, it would be in order to instruct the City Attorney to prepare such an amendment so that it may be placed on the ballot at the earliest opportunity, which would presumably be the gen- eral municipal election in April, 1966, unless a special election were to be held sooner. Following is a suggested motion for that purpose: The City Attorney is instructed to prepare a Charter u`CIL: Amendment to be placed on the ballot at the earliest opportunity which, if approved by the voters, would p permit the sale of the small triangular parcel of City owned waterfront property southerly of the LE:e, #west;rly 30 feet of Lot 8, Block 22, East Side Addi- tion to the Balboa Tract, presently owned by Mr. John A. Blaich. Tullyal. Seymo THS :mec City Attorney -' cc - Acting City Manager'; City Clerk �V Public Works Director Janes Ila 1963 RazOrMee is spade to your letter of Dec . s0sr 1$-;in which You expresses 'an interest in leasing Property whie& is Operati"Y. the' Chthi-marifteiark of developia y with the object this pr its highest use. This matter 11af been considered by the City COUPPILL-2- and in C=Vlimft* with the Council's instructions I writing hjj�-Igtt" to you to advise that at * the - the present time COiAcil is satisfied with the income froin this Property and does not desire to enter into day I negoti- atima relative to the,laeog of the same, I night point out that this roper%is-alai I nif . ied waterefrimt property and could not leased without V*" torate. There is UO G=tamlated ,an an the ballot at any ties in 11:W-1. iorem Thank you for your inquiry. PJG:dg Very truly YAW$, Paul J. Gruber May City or of Newport. Beach j 4F 0 JANSS CORPORATION PROPERTY OPERATIONS DIVISION December 16, 1964 The Honorable Paul J. Gruber Mayor of Newport Beach Newport Beach, California My dear Mayor Gruber: It was interesting to me to learn the City of Newport Beach owns and operates the trailer park north of Balboa Boulevard between Sixteenth and Eighteenth Streets. This property can be put to a much higher use than its present one. Would the City be interested in leasing this property on a long- term basis to a financially responsible company who would develop the property to its highest use? If you feel the City may be receptive to such an idea I would be glad to meet with you for the purpose of discussing this matter further. JEG:e Sincerely, J. Edward Gibbons Investment Manager IS3.00 VENTURA BOULEVARD, SHERMAN OAKS., CALIFORNIA TELEPHONE (21.3) - 7B3 -8500 To From Subject • CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT City Clerk City Attorney Agenda Item H -7 6 December 14, 1954 3 . The attached resolution, if adopted by the City Council, will accept a grant deed from Edker Pope and Blanche Pope of property designated Parcels 1 and 2. Parcel 1 describes the parcel designated Parcel "K" in the eminent domain action for acquisition of property for the widening of 28th Street, and Parcel 2 is a combined descrip- tion of Parcels "F" and "G" described in said eminent domain action. Transmitted is a copy of said grant deed, the original of which is being held in the escrow on this transaction, C, Following adoption of the resolution, it is requested that ou furnish us a�certifi€�1_copy thereof together wcertificate o a ce til-n �_ and consent to recording.of. said grant deed which ;y- y we will transmit to the tiETe company fot.,dt•tachment to_t a deed prior to its being recorded. `'THS:mec Encs. cc Public Works Director i �� ., Tully Seymou City Attorney /.2. pi�.6� I t� 7. 3Y i /�I1�� • • NORMANDY 3 -1124 SOUTHERN COUNTIES LAND COMPANY N6 4205 SANTA MONICA BLVD. LOS ANGELES 29. CALIFORNIA � \ �1 July 17, 1964. RECEIVED CITY CLERIC JUL, 1964s� �- £ VTY_ OF / City of New,-)ort Reach, NE4YPP "EACH, \\J Newport Beach, c} Calif. J Re: Por. SE a Sec. 18, Twp 6 R 10 — OC Gentlemen: It is our desire to purchase additional property in the area where your above described property is located. We are not real estate agents and are not soliciting listings. We are interested in buying your property direct on either a cash basis or acceptable terms. If said property is for sale at this time, please complete the lower portion of this letter and return it in the envelope provided. Upon receipt of the requested information, we will immediately evaluate the conditions and notify you at an early date, as to whether or not we would be interested in buying the property. If the property is not for sale at this time, we would appreciate it greatly if you would retain this letter in the event you should decide to sell at a future date. If you have sold the property, please advise, as it is our desire to keep our files as up to date as .possible. Respectfully, PRICE `.REF %'I.S EXISTING LOAN BONDS, ASSESSMENTS DUE 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 6, 1964 TO: MAYOR AND CITY COUNCIL i V FROM: City Manager SUBJECT: SALE OF CITY PROPERTY (BAY AVENUE) Section 1402 of Article XIV of the Charter of the City of Newport Beach has been amended by adding. Section 1402 (c), said Section to read as follows, effective May 4, 1964: "Section 1402 (c,). Exception to Section 1402.. Notwith- standing the provisions of Section 1402, the City Council may sell and convey that parcel of City -owned real property de- scribed as follows, to wit: Lot 6, Block 218, as shown upon a map of Section 'B', Newport Beach, recorded in Miscellaneous Maps, Book 4, page 27, Records of Orange County, California, together with a portion of Lot 4, Section 33, Township 6 south, Range 10 west, S.B.B. &M., bounded on the south by the northerly line of said Lot 6, on the north by the easterly extension of the northerly line of Lot 4 in said Block 218, on the east by the northerly prolongation of the easterly line of said Lot 6, and on the west by the easter- ly lines of Lots 3 and 4 of said Block 218." In view of the size of these lots and their relationship to ad- joining property, it is recommended that the City Manager be authorized to secure an appraisal of the two parcels and after reporting the results to the Council, to negotiate the sale of the lots to adjoining property owners in whatever way is most advantageous to the City from a planning standpoint and from a financial return to the City. The lots are approximately 1350 sq. ft. in size and appear much more adaptable for joining with other land than for independent sale. The lots are Zoned R -4. OBERT COO (/ NO KNEW POINT ASSOCI IM BOX 826 a BAL,BOA, CALIFORNIA October 2, 1964 Feomort Beach CiI.ty Council: Neifrcrt Beach City _gala: 3300 Newport Blvd. Mewport Beach, Calif ,-rnia Honorable Gentlemen! The Baloca Peninsula Point Association is presently leasin , for recre- ational purposes only, a portion of the city property known as the I'M" Street beach. The lease is presently due to expire on November 30, 1969. For reasons outlined below, the Association hereby requests the Cite Council to authorize the Cit7 Attornez, to enter into negotiations to renew the lease at this time for an additional lease period. One of the principal uses of this prnPerty is to provide boat - launching facilities for the residents immediately adjoining. To facilitate this use, the Association has spent capital funds to construct bulkheads and floats. Within the last gear, the Association has further improved these facilities and needs an extension of the lease in order to amortize the cost of these capital.. improvements. In addition, the Association con- templates continuous maintenance and whatever new capital improvement which may be necessary in order to carry out the present program of family boat - launching. The =youth participation is expected to increase Un th official race status for the Point Association. WitY:out the boat - launching facilities, it would be necessary for the residents on the Point to travel through the heavily congested peninsula traffic to commercial landings. Since there is not sufficient parkin.; at the Point location to accomnodate commercial launching;, the entire proect would have to be discontinued without the Point Association lease. The Point Association has abided by the tetras of the present lease and has endeavored to secure as wide a participation of the facilities as possible. An extension of said lease would not only serve the residents of the Point area, cut is in the best interests of the City. The lease makes possible a recreational area for the children and youth of the area irlthout requiring City supervision. We wish to thank the Council in advance for their consideration of this proposal. Respectfully submitted, BAL30A PENINSULA POIT•T ASSOCIATION n f RAY 1P1dA ,resident 3s Z 4 RECEIV71) � K cl"y cl -CRK Vp r ' 964 964 CITY OF NEWPORT BEACjHj CALIF Q_ - Wit 742' czL oc��, 6L-, �O,,�W ��i✓LGCr i �l ,}tXl Ci'i- t2.- E.G7',- Fii.%' COUNCIL: 0 1. 4P OSITION W. Stuart .1. cote R E A L T O R 108 MCFADDEN PLACE - AT THE OCEAN PIER P.O. Box 1001, NEWPORT BEACH, CALIFORNIA PHONE 673 -0670 August 20, 1964 City Council City of Newport Beach - California Gentlemen: Re: Lot 1, Block D. Seashore Colony Tract; City of Newport Beach resolutions 4013, 4014, and 4015; dated 10 -22 -52 and 11- 10 -52. The City received a grant deed on the rear 15 feet, called the north easterly 15 feet, for use as an alley with intention to grant in exchange the 15 feet on the south westerly side, a part of Ocean Boulevard. An error was made in the resolution, giving back to the lot owner the same 15 feet for which the City had just received the grant deed. RECEU4a n CITY CLI:R ( AUG 0 1964 .. CITY O NEVIPORi !;EACH, Ci'1L.1 i . We have consulted with the Public Works Director, Joe Devlin and Assistant Jim Larson. We petition the Council to correct this error so the property can be transferred and the title insured. A building permit was granted and a house is now built on the 15 feet in question. We now have this property in escrow but are un- able to furnish a guaranteed title until your body takes action to rectify this error. All concerned would appreciate your cooperation. Sincerely, W ?~ tS tie(rt Fo� %� WSF:fm G At- J�� �� �e������ • 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT August 7, 1964 To: City Clerk From: City Attorney Subject: Sale of Parcel H under Resolution No. 5969 Transmitted are the following: 1. Policy of title insurance of the First American Title Insurance & Trust Company, No. 1000253, dated July 29, 1964, in the amount of $83,000, which shows the City of Newport Beach as one of the insureds, 2. Original deed of trust dated July 15, 1964, under which Coast Capital, Inc., is trustor, First American Title Insurance & Trust Company is trustee, and the City of Newport Beach is the beneficiary, to secure the indebted- ness of $55,333.32 due the City from the purchaser of Parcel H. This deed of trust was recorded on July 29, 1964, in Book 7153, page 993, Official Records of Orange County, California. At the time the note secured by said deed of trust is fully paid, we should execute a request for reconveyance to the purchaser and mail it to the title company. ,J ilk%� /,^�� ; ' • Walter W. Charara WWC:mec City Attorney ' Encs. cc - City Manager Finance Director SUBJECT- Relinquishment of Access Rights from The Irvine Company for Lot rac of (2) Lots 3 and A, Tract 5361 DATE; 7/30/64 REo 1.. Relinquishment of Access Rights from the Irvine Compare as owner, and from its lessees and sublessee as to Lot 1 of Tract 5361. Z. Relinquishment of ccess Rights from the Irvine Company, as owners, and its lessees, as to Lots 3 and A of Tract 5361. Sent for recordation 7/30/64 SEE SUBJECT: Tract 5361 SUBJECT: Cant Deeds from Southern Pacific Co. & Pacific Elactric Co. DATE: 7 -27 -64 RE - -ant Deeds from Southe= Pacific Co. � Pacific. Electric Co., Acceptance of said Deeds, and policy- of title insurance for same. SEE SUBJECT: Cr Book 7172, pa, e 16,5 Book 7172, pa:e 144 j: ��'�:15ei•' i 514 bt (12) i I ,I 1 2 3 9' 10' 11' 12 13 14 15 161. 17 18! I 19 j 20 I 21 22 23 24 25 26 27 28 29 30 31 32 F IMMIO lil. 5999 A RSSMXTIOR OW Va CITY tOMOCIL OF TM CITY :4 =67MT DUCS ACC81' NG A, GRANT OF FASEMW a~z- ?rA;.s, ffmrpcxt arbor gsd*2 gigh School District and :a 8rviae Company "n *Aq4 eted a grnat of easeeeaot grcntinj to OA c "" t9 of Newport Basch an osa"at for stroot sad highway pur;4146 s over do following desariWa d real property: IM portion of ,Sloe%* 52 saw Sb of Irvine * * Sub - divistou in the City of !fit Sneak* Getty Of [Area► stata of C*lifossviap as shown on a snap recorded is Book be of Aiiecellase us Secerd leaps In the of e of the Cometty >t cardder of cold county, described as loltows$ All of Lot `A" as shy an a asp filed is Soak 57. pap it of !cords of In the office of the c• inty ustor r of-sold County; NOMWo It is to the taterest of the City to accept said great of easaneat far such pecyoses; NW, TIUMMUO W IT l aLVEA that said grant of is h4Wftby accepted sad thO tatty Clerk IS awtltearlsed and dixcCead to execute and attach thereto a certificate of acceptance and con swat j to its recording and to record mid sa oment to the County Rator&r' �a office. AY'TXNT& lid this 13th day of July , 19". t Y. 1 2 i 3 4�5 6 7= 8 9 10 ii 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 b 64r (I2) 0 RESOLUTION N0, 5989 W, "4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A GRANT OF EASEMW WHEREAS, Newport Harbor union High School District has executed a grant of easement granting to the City of Newport Beach an easement for street and highway purposes over the following described real property in the City of Newport Beach, County of Orange, State of California: Parcel No. 1 A portion of Block 56 of Irvine's Subdivision as shown on a Map thereof, Recorded in Book 1, page 88 of Miscellaneous Record Maps, Records of Orange County, California, more particularly described as follows: Beginning at the most Northerly corner of the land described in a Deed to Newport Harbor Union High School District, Recorded May 259, 1961, in Book 5733, page 345 of Official Records of said Orange County, said land also shown on a Map filed in Book 54, page 15 of Record of Survey* of said Orange County; thence South 81' 15' 08" West, along the Northwesterly line of said land, 30.00 feet to the True Point of B4inning of this description; thence South 85' 05' 53 West, along said Northwesterly line, a distance of 14.03 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 15.00 feet. thence Easterly and Southeasterly along said curve through an angle of 86' 09' 15 ", a distance of 22.56 feet to a line tangents said line tangent being parallel with and 30.00 feet South- westerly of the Easterly line of said land described in the Deed to Newport Harbor Union High School District; thence North 8' 44' 52" West along said line tangent 14.03 feet to the True Point of Begin - uing of this description. Parcel Nos 2 A portion of Block 52 of Irvine's Subdivision, as shown oa a Map thereof, Recorded in Book 1, page 88 of Miscal- laneous Record Maps, Records of Orange County, Cali- fornia, scare particularly described as follows: Begins at the most Westerly corner of the land de- scribed in a Deed to Newport Harbor Union High School District, Recorded May 25, 19619 in Book 5733, page 345 of Official Records of said Orange County, said land also shown on a Map filed in Book 549 page 15 of Record of Surve$s. Records of said Orange County; thence North 63 55' 08" East aloe the Northwesterly line of said land, 30,00 feet to the True Point of Beginning of this description; thence continuing North 63 55' 08" East, 15.00 feet to the beginning 1 2 4! 5 61 7 and 10 11 12 13 14 !, 15 iM of a tangent curse, concaves Easterly end having a radius of 15.00 Wit; thence Southwesterly and Southerly along said curve through an angle of 900 00' 13044 a distance of 23.56 feat to a ling tangent, said line tangent being parallel with and 30.00 feet Northeasterly of the Southwesterly line of said land described in :the Deed to Newport Harbor Union High School District; thence North 26° 04' 52" West along said line tangent 15.00 feet to the True Point of Beginning of this description; WHEREAS, it is to the interest of the City to accept said grant of easemant for such purposes; NOW9 THEREFORE, BE IT RESOLVED that said grant of easement is hereby accepted and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to record said easement in the County Recorder' office. ADOPTED this n--)— day of 17 18 A sT: rK 1 i 19 �. 20 City Clark I 21 II 2211, 23 24 25 26 27 28 29 { 30 31 32 2. 1964. r 1 2 4! 5 61 7 and 10 11 12 13 14 !, 15 iM of a tangent curse, concaves Easterly end having a radius of 15.00 Wit; thence Southwesterly and Southerly along said curve through an angle of 900 00' 13044 a distance of 23.56 feat to a ling tangent, said line tangent being parallel with and 30.00 feet Northeasterly of the Southwesterly line of said land described in :the Deed to Newport Harbor Union High School District; thence North 26° 04' 52" West along said line tangent 15.00 feet to the True Point of Beginning of this description; WHEREAS, it is to the interest of the City to accept said grant of easemant for such purposes; NOW9 THEREFORE, BE IT RESOLVED that said grant of easement is hereby accepted and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to record said easement in the County Recorder' office. ADOPTED this n--)— day of 17 18 A sT: rK 1 i 19 �. 20 City Clark I 21 II 2211, 23 24 25 26 27 28 29 { 30 31 32 2. 1964. CITY 0 NEWPORT BEACH - PUBLIC WORKS WRTMENT MEMO TO: CITY CLERK DATE 5[13/64 FROM- PUBLIC WORKS DIRECTOR SUBJECT: EASEMENTS FROM NEWPORT HARBOR UNION HIGH SCHOOL DISTRICT AT THE MAY 11, 1964 COUNCIL MEETINS, THE CITY COUNCIL DIAR:IED UNTIL MAY 25, 1964 IHL TMF RFS01 IITI0NA AcCFPTING GRANTS OF EASEMENTS FROMMEWPORT HARBOR UNION HIGH SCHOOL DISTRICTS. IT IS DOUBTFUL THAT THESE EASEMENTS WILL BE RECEIVED BEFORE THIS DATE. IT IS THEREFORE REQUESTED ti THAT WHEN YOU PUT THIS ON THE S INDICATE WITH A NOTE THAT THESE EASEMENTS HAVE NOT BEEN RECEIVED. �LC� COPIES T0: C'TY 0` CALIF. 1 PUT IT IN WRITING. . . .WRITTEN MESSAGES SAVE T 'a SIGNED ♦� �ND AVOID ERRORS A AJ` SOLUTION NO.. 20564 1 RESOLUTION OF THE BOARD OF TRUSTEES OF ` 2 NEWPORT HARBOR UNION HIGH SCHOOL DISTRICT t �. 3 OF ORANGE.COUNTY, CALIFORNIA 4 uyr 12 1964 5 On motion of Trustee duly seconded 6 and carried, the following Resolution was adopted: 7 RESOLVED that it is the intention of this Board of Trustees , 8 pursuant to Sections 16251 to 16255, inclusive, of the Education Code, 9 to grant to the City of Newport Beach a 10 municipal corporation an easement for public street and 11 highway purposes over, under and across that certain real property 12 located in the City of Newport Beach County of Orange, State 131 of California, on the following condition_ 14 H 15 H ODD dv D , 16 L�u D Oti 00 17 U 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 M If fences of school district have to be moved in order for improvements to be made on Parcel 3 the City of Newport Beach will either relocate or cause the de- veloper to relocate said fences without cost to school district. This property is described as follows: PARCEL 1 \n� `l r� � r A portion of Block 56 of Irvine's Subdivision, as shown on a Map thereof, Recorded in Book 1, page 88 of Miscel- laneous Record Maps, Records of Orange County, California, more particularly described as follows: Beginning at the most Northerly corner of the land de- scribed in a Deed to Newport Harbor Union High School District, Recorded May 25, 1961, in Book 5733, page 345 of Official Records of said Orange County, said land also shown on a Map filed in Book 54, page 15 of Record of Surveys of said Orange County; thence South 81D 15' 08" West, along the 'Northwesterly line of said land, 30.00 feet to the True Point of Be §inning of this de- scription; thence South 85° 05' 53 West, along said Northwesterly line, a distance of 14.03 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 15.00 feet; thence Easterly and Southeasterly along said curve through an angle of 86D 09' 15 ", a distance of 22.56 feet to a line tangent, said line tangent being parallel with and 30.00 feet Southwesterly of the Easterly line of said land 1� tl 11 described in the Deed to Newport Harbor Union High School District; thence North 8° 44 52" West along said line 2 tangent 14.03 feet to the True Point of Beginning of this description. 3 4 PARCEL 2 51 portion of Block 52 of Irvine's Subdivision, as shown on a Map thereof, Recorded in Book 1, page 88 of Miscel- g laneous Record Maps, Records of Orange County, California, more particularly described as follows: 7 Beginning at the most Westerly corner of the land de- 8 scribed in a Deed to Newport Harbor Union High School District, Recorded May 25, 1961, in Book 5733, page 9 345 of Official Records of said Orange County, said land also shown on a Map filed in Book 54, page 15 of 10 Record of Surveys, Records of said Orange County; thence North 630 :55' 08" East along the Northwesterly line of 111 said land, 30.00 feet to the True Point of Beginning of this description; thence continuing North 630 55' 08" 12 East, 15.00 feet to the beginning of a tangent curve, concave Easterly and having a radius of 15.00 feet; 13 thence Southwesterly and Southerly along said curve through an angle of 900 00' 00 ", a distance of 23.56 14 feet to a line tangent, said line tangent being parallel with and 30.00 feet Northeasterly of the Southwesterly Vl- 15 line of said land described in the Deed to Newport ;;s Harbor Union High School District; thence North 260 04' .°UV 16i 52" West along said line tangent 15.00 feet to the True Point of Beginning of this description. OZ, P= 171 18 PARCEL 3 19 That portion of Blocks 52 and 56 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of 20 California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Record Maps in the office of the County 21 Recorder of said county, described as follows: 22 All of Lot "B" as shown on a map filed in Book 57, page 49 of Records of Survey in the office of the County Recorder 23 of said county. 24 25I 26 27 28 29 30 311 I 321 2. •- i f 1' 2 3' 4 5 6 7 8 9 10, 11 12 13 14 ,Z. 15 0' 0 .08 O °m 16 oz< 00 17 U 19 20 21 22 23 24 25 26 27 28 29 30 31 32 NOTICE IS HEREBY GIVEN that on the 26th day of May , 1964 , at the hour of 7:30 o'clock P M. a public meeting of the Board of Trustees will be held at its regular meeting place for a public hearing upon the Question of making the aforesaid Zrart. BE IT FURTHER RESOLVED that the Clerk of this Board of Trustees is hereby directed to give notice of the aforesaid public meeting by posting copies of this Resolution signed by this Board or a majority thereof in three (3) public places in the District, said posting to be completed not less than ten (10) days before the date of said public meeting, said notices to be posted one at and on Board Room of Newport Harbor Union High School District ; one at and on City Hall. City of Newport Beach. 3300 Newport Blvd.. Newport Beach. California ; and one at and on City Hall. City of Costa Mesa. 695 W. 19th Street. Costa Mesa. California ; and by publishing a copy of this Resolution once in the Orange Coast Daily Pilot , a newspaper of general circulation pub - lished in the Newport Harbor Union High School District, said publication to be made at least five (5) days before the date of (said public meeting. 1! AYES: TRUSTEES NOES: TRUSTEES ABSENT: TRUSTEES John Nettel, Earl Peterson. Eugene O'Rourke. Zoe Rae None Donald Dungan 3. .1 1 2 3 4 5 a 7 8 9 10 11 12 13 14 j ,Zt 15 °03 UU is 11 Z Mpg 17 U 19 20 21 23 24 25 28 27 28 29 30 31 32 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE I, Zoo Ras Barlow , Clerk of the Board of Trustees of the Newport Harbor Union High School District of Orange County, California, 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 12th day of May , 196 4 , and passed by a lour -githa vote of said Board. IN WITNESS WHEREOF, 2 have hereunto set my hand and seal this 12th day of May , 1964 :0 . Trustees Members of the Board of _ of Newport Harbor Union H: of Orange County, Ca 4. Trustees School District L 2 3 4 51 6 7 8 9 10 111 12 13 1 14 d 15 m z p o uU° 16 E0" ° o,z < 00 17 u 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 CHP:r: • SOLUTION NO. 20564 c. RESOLUTION OF THE BOARD OF TRUSTEES OF - r . NEWPORT HARBOR UNION HIGH SCHOOL DISTRICT i OF ORANGE COUNTY, CALIFORNIA It 1964 On motion of Trustee ]ess Nwee.1 , duly seconded and carried, the following Resolution was adopted: RESOLVED that it is the intention of this Board of Trustees pursuant to Sections 16251 to 16255, inclusive, of the Education Code, Ito grant to the City of Newport Beach , a municipal corporation an easement for public street and highway purposes over, under and across that certain real property located in the City of Newport Beach , County of Orange, State lof California, on the following condition_ If fences of school district have to be moved in order for improvements to be made on Parcel 3 the City of Newport Beach will either relocate or cause the de- veloper to relocate said fences without cost to school district. This property is described as follows: PARCEL 1 A portion of Block 56 of Irvine's Subdivision, as shown on a Map thereof, Recorded in Book 1, page 88 of Miscel- laneous Record Maps, Records of Orange County, California, more particularly described as follows: Beginning at the most Northerly corner of the land de- scribed in a Deed to Newport Harbor Union High School District, Recorded May 25, 1961, in Book 5733, page 345 of Official Records of said Orange County, said land also shown on a.Map filed in Book 54, page 15 of Record of Surveys of said Orange County; thence South 81° 15' 08" West, along the Northwesterly line of said land, 30.00 feet to the True Point of Beginning of this de- scription; thence South 85° 05' 53 West, along said Northwesterly line, a distance of 14.03 feet to the beginning of a tangent curve, concave Southwesterly and having a radius of 15.00 feet; thence Easterly and Southeasterly along said curve through an angle of So° 09' 15 ", a distance of 22.56 feet to a line tangent, said line tangent being parallel with and 30.00 feet Southwesterly of the Easterly line of said land 1� ,. 1811 PARCEL 3 191 That portion of Blocks 52 and 56 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of 20 California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Record Maps in the office of the County 21 Recorder of said county, described as follows: 22 All of Lot "B" as shown on a map filed in Book 57, page 49 of Records of Survey in the office of the County Recorder 23 of said county. 25 28 27 28 29 30 31 32 2. 1 described in the Deed to Newport Harbor Union High School District; thence North 8° 44 52" West along said line 2 tangent 14.03 feet to the True Point of Beginning of this description. 3 4 PARCEL 2 51 A portion of Block 52 of Irvine's Subdivision, as shown on a Map thereof, Recorded in Book 1, page 88 of Miscel- 6 laneous Record Maps, Records of Orange County, California, more particularly described as follows: 7 Beginning at the most Westerly corner of the land de- 8 scribed in a Deed to Newport Harbor Union High School District, Recorded May 25, 1961, in Book 5733, page 91 345 of Official Records of said Orange County, said land also shown on a Map filed in Book 54, page 15 of 101 Record of Surveys, Records of said Orange County; thence worth 630 55 '08" East along the Northwesterly line of 111 said land, 30.00 feet to the True Point of Beginning of Lhis description; thence continuing North 630 55' 08" 12 East, 15.00 feet to the beginning of a tangent curve, concave Easterly and having a radius of 15.00 feet; 13 thence Southwesterly and Southerly along said curve through an angle of 900 00' 00 ", a distance of 23.56 141 feet to a line tangent, said line tangent being parallel with and 30.00 feet Northeasterly of the Southwesterly 151 line of said land described in the Deed to Newport zz On= Harbor Union High School District; thence North 260 04' .00 161 52" West along said line tangent 15.00 feet to the True ozz Point of Beginning of this description. '0 17� u 1811 PARCEL 3 191 That portion of Blocks 52 and 56 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of 20 California, as shown on a map recorded in Book 1, page 88 of Miscellaneous Record Maps in the office of the County 21 Recorder of said county, described as follows: 22 All of Lot "B" as shown on a map filed in Book 57, page 49 of Records of Survey in the office of the County Recorder 23 of said county. 25 28 27 28 29 30 31 32 2. I NOTICE IS HEREBY GIVEN that on the Zkk day of May , 2 1964 , at the hour of 7130 o'clock p M. a public meeting of the 3 Board of Trustees will be held at its regular meeting place for a 4 public hearing upon the question of making the aforesaid garant. 5 BE IT FURTHER RESOLVED that the Clerk of this Board of Trustees 6 is hereby directed to give notice of the aforesaid public meeting by 7 posting copies of this Resolution signed by this Board or a mzjority 8 thereof in three (3) public places in the District, said posting to be 9I completed not less than ten (10) days before the date of said public 10 meeting, said notices to be posted one at and on Hoard Room of Newport 11 131 14 d 15 yzz On n °u yo" 16 n cta 6 oz< oo 17 v 19 20 21 22 23 24 25 26 27 28 29 30 31 W Harbor union lugh seboal District one at and on City Hail, City of lfawpsrt ]Be", 3300 Newport ]Blvd.. Newport bomb. C&)Uorai& ; and one at and on City Hall, City of Costa Meaa. 695 W. 191h Great, Coat& Mosa, California ; and by publishing a copy of this Resolution once in the Orange Coast Daily Pilot , a newspaper of general circulation pub - lished in the Newport Harbor Union High School District, said publication to be made at least five (5) days before the date of Isaid public meeting. II AYES: TRUSTEES Join Ne tol, Earl Paterson. Sugaw O'Rourke, Zoe Ras NOES: TRUSTEES ileac ABSENT: TRUSTEES Donald DMSsn 3. 46 • • 1 STATE OF CALIFORNIA ) ss. 2 COUNTY OF ORANGE ) 3 I, gw Ragbasiayr Clerk of the Board 4' of Trustees of the Newport Harbor Union High School District of 5 Orange County, California, hereby certify that the above and foregoing 6 Resolution was duly and regularly adopted by the said Board at a 7 rosulas meeting thereof held on the 12tb day of May , 8 196 4 , and passed by a foas•atthe vote of said Board. 9 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10 12tw day of May , 1964 . 11 12 13 14 .tl= 15 o» g$8 16 OZo OZ, 00 17 0 - C c of said Board of Trustees 18 Members of the Board of Trustees 19 of Newport Harbor Union High School District of Orange County, Ca i ornia 20 21 22 23 24 25 26 27 28 29 30 31 32 4. CITF;_-PF NEWPORT BEACH -'A Y NT May 4, 1964 To: City Clerk From: City Attorney Subject: Easements for Street and Highway Purposes Transmitted are reso tions which, if adopted the City Council, will accept a _&ran of easement from Newpor rbor Union Hi h School District -fo`r street an ig ay p oses over-the corners sta Del Oro and Eastbluff Drive Vista Del Oro and Mar Vista Drive and a rant of easemen rom Newport or Union High School Distric a Ir .ne pant/ for street and high- way purposes ove— r A paxtion of ���_"A venue­ in accordance with Resubdivision No. 144. One copy o each grant of easement is attached. The originals thereof have been transmitted to the Public Works Director for execution by the grantors. These resolutions are in order for presentation to the City Council upon receipt of the executed grants of easement. WWC:mee Encs. cc - City Manager Public Works Director ,j- ZS - ,, = WONA Walter W. Charamza City Attorney DISPOS1110��U R'1 - ice, r c,.l ;, i • Mr. Clyde Brannan 2740 Nicholas Canyon Hollywood, California Dear Mr. Brannan: 11 May 29, 1964 The City of Newport Beach has no plans at the present time regarding the sale of the trailer park. MS: gm Very truly yours, _- Margery Schrouder City Clerk City of Newport Beach (6) ill NOTICE OF COSENT TO USE LAND 211 (Section 813, California Civil Code) 3 41 R&CITA1,: 5 The CITY OF NEWPORT BEACH, a m.:n.icipal corporation: was 6 and maintains a private access road along the northerly and east - 7 erly sides of its property located easterly of Newport Boulevard 8 and northerly of 32nd Street in the City of Newport Beach, County 9 of Orange, State of California. Said private access road is shown. 10 on Ex'Hibit "A" which is attached hereto and incorporated herein by 11 reference. The legal description of said private access road is as 1211 follo+as: 13 Parcel $1 14 A strip of land 40 feet in width in Section 28, Township 15 6 South, Range 10 West SBBM,, the northerly line of said 40 -foot strip of land being the southerly line of the :land described as Parcel 2 in the deed to the Griffith 16 Company recorded 3/23/48 in Book 1741, Page 174 of 17 Official Records of Orange County, California. Said 40 -foot strip of land being bounded on the West by 181 the easterly line of Newport Boulevard formerly Central 19 Avenue as shown on Ma No. 108 in Book , Page 1 at seq. of Official Maps in the office of the County Recorder of Orange County) and bounded on the East by the westerly 20. line of the alley, 20 feet in width as shown on the map 21 of Tract No. 907 recorded in Book 28, Pages 25 through 36 inclusive, of Miscellaneous Maps in the office of the 221 County Recorder of said County, adjoining Lots 1178 through 1192 inclusive. 231 Parcel $2 241 That portion of the alley, 20 feet in width as shown on 25 the ma of Tract No. 907 recorded in Book 28, Pages 25 through 35 inclusive, of Miscellaneous Maps in the office 26 of the County Recorder of Oranngge County, adjoining Lots 1178 through 1192 inclusive and lying southerly or the 27 southerly lane of the land described as Parcel 1 in the deed to the Griffith Company, recorded 3 -23 -48 in Book 28 1741, Page 174 of Official Records of Orange County, California. 291 3011 The CITY OF NEWPORT BEACH hereby consents to the use of 31I1said private access road for road purposes. This notice shall be recorded in the office of the • Y I Recorder of the County of orange pursuant to Section 813 of the 2 Califorsla Civil Code. 3 Dated: March /.8 , 19641 4 5 CCHH 1 6 �g1401f 7 Attest: 8 9 a city CLark lull STATE OF CALIFORNIA ) 11 ss COUNTY OF ORANGE ) 12 On March , 1964, before me, the undersigned, a 1311 Notary Public in and for said County and State, personally appeared 14 CHARLES E. HARP and MARGERY SCHROUDER, known to me to be the Mayor 15 and the City Clerk, respectively, of the CITY OF NEWPORT BEACH, a 16 municipal corporation, and known to me to be the persons who 171 executed the within instrument on behalf of said municipal cor- poration, and acknowledged to me that such municipal corporation 1911 executed the same. 20j WITNESS my hand and official seal. 21 23 1L r a ;,, Notary Public in and for said County and State Ry 25 26 27 28 29 30 31 32 2. IDEIQOF G74VI74 CQ LAND PER O.R. /T4/ /74 �C 2� a 4 - !-JCL . / z "/ "WLL' . 3L Vo r.� CITY OF OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Ci7"Y ' , ✓ALL. ACCE -55 ROAD DRAWN -4"-f DATE APPROVED I.IC ��p�•� WORKS DIRECTOR R.E. NO. .3.} DRAWING NO. RIW- 5036 -L SCALE.' /" _ /00' �L. / OF GR /FFI TN C17. G.ONO � V1.4 oP -oQR % eOER OR 17411176 T R A C 7 9 0 7 (TN /5 PTN. NOW M4Cr / / /7) 'i //79 / /80 I 1181 / 1184 1185 //86 / /e8 //90 1197 1192 { 11.4 C. ,OE,Q IDEIQOF G74VI74 CQ LAND PER O.R. /T4/ /74 �C 2� a 4 - !-JCL . / z "/ "WLL' . 3L Vo r.� CITY OF OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Ci7"Y ' , ✓ALL. ACCE -55 ROAD DRAWN -4"-f DATE APPROVED I.IC ��p�•� WORKS DIRECTOR R.E. NO. .3.} DRAWING NO. RIW- 5036 -L i9 (12) 2 ♦ MOLUTION 4W In CITY COUNCIL OF THE CITY 3 OF NEWPORT n AUTi .IZING THE EXECUTION OF l► NOTICE OF COMM TO USE LAND 4 5 Wi1E W, the City of powport Beach ovens and maintains a 6I P ivkte access road along the northerly and easterly sides of its 7 property located easterly of Newport Boulevard and northerly of 8 32nd Street in the City and has recently granted a tomporM non- 9 exclusive easement Over s po:•tion of said road to provide access 10 to property northerly ths9reof � and 11 , the added use of said private access road because 12 of such easement may give the appearance of its being a public 13 street; and 14 61HERFAS, section 813 of the California Civil Code author - 15' itess the owner of land to record in the office of the county 16 recorder a notice of consent to use the land or any portion thereof 17 for the purpose described in the notice, which notice is evidence 18 that subsequent use is permissive and with consent; and 19 WHWM3s there has been p:ressated to the City Council s, 20 Notice of Consent to Use Land prepared in accordance with said 21 aection of the Civil Code by which the City would consent to the 221 use of its private access road for road purposes; and 231 , the City Council has reviewed said notice and 241 date:rai.med the asecution and recording thereof to be desirable and 25 in the public interest; 26 Tai, '1U EFORE, BE IT RESOLVED that the Mayor and City 27 Clerk are authorised and directed to execute said notice an behalf 28 of the City of Newport Beach, and the City Cleric is authorized and 29 directed to record the same in the County Recorder's office, 30I ADOPTED this 9th day of harsh, 1 a 32 ATT88TY \A _tiry 0 Mrs. Ruby McFarland County Recorder Box 238 Santa Ana, California Dear Mrs. McFarland: a March 17, 1964 Attached for recordation is a Notice of Consent to Use Land (Section 813, California Civil Code). I am also enclosing a certified copy of Resolution No. 5923, adopted by the Council of the City of Newport Beach on March 9, 1964, authorising the execution of a Notice of Consent to Use Land. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS :mv Enc s. To: From: • CI T) OF NEWPORT iACt . City Clerk City Attorney CITY A'CTORI F ,,'.' IEPAR 1*r1T 0 Parch 4, 13,64 Subject: Consent to use City Fall access road. Transmitted are the original and one cony of Iotice of ;onsent to use Land Prepared in accordance C91tln Section 313 of tie ":alifornia i;ivil Code pursuant to nrev ,-ous authorizatl.on of tne City Council. By this rlocuren the t _tv Soule. consent to the use of the City Hall private access road for roac, nurooscs. The attached resolution, if adopted by the City Council, Tvoul aut_norize execution and recording of t"ie notice. T-z.S : me c T=ncs. cc - City I,:anaaer Public Woork.s Director T•Talter W. t aranza City Attorney Dv 4 Tu1G7V1'• Se izr �.. Assistant City Attorney Fl, RECEPU'D CITY CLI: €II( 'k CITY OF h-- NEWPORT BEACH, - y CALIF. CORPORATION GRANT DEED in cofiisiv . f�q on of ---.... . . ....... T. en .......... ... .... to a4akd paid, the receipt of which is hereby acknowledged, does hereby ACE GR ..... .. ... ----------- . .. ..... ...... .. ..... > . .......... . ........... .. ........ ................. . .... ... .... .. .... ....... - ... ..................................................... ......... ............. .......... ........... ---- ......... all that real property situated in the_....... City .... o;f Newpoit- Reach_._.... ............ Co �L�' :Lf Orange State of California, described as follows: Lot 11, Block Corona del Mar, in the city 333, OZ7 'iewport Beach, as shown on Map recordeo in Book 3, pages 41 ano 42 of Mippellaneous Maps, records of Orange County, Cal if or `SIC IK IP Zo -Ifave anb to -Jfplb t8;Ihe said grantee ... ........... ... ... her ...... ...... heirs and assigns. forever. C. .... ...... ........................... . . .... ..... . ......... .. ............. ......... .. -3n Witness W4r the ........... -C.I.Ty. PT.. N _;KFQRT --- BEA -A ........... M . ay . has hereunto caused zft car PC s its.. 4 -- ---- porate name to be signed and its coTpor s to be affixed by �t President City. Clerk ty Council y i t and. ISS4tcr.etary, thereunto duly authorized by resolution of its Bo 0 of Directors, this ........... ............... .. 1923 7. day of..._ ........... ........ ...... ...... ....... CI L .... ... BEAA- ............................. ------ ........ ..... . I ...... ............. ....... A Mayor !COrpO7aie Seal) By i 1 President City Clerk .A .... Secretary STATE OF C.9LIFORNIA, County of Orange, ss. Onthis ....... ....... ....... ..day of ------------------------- _....... . .........192...7 before me, .................................. ........ - - - - -- a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared . Harry H Wi.111aiaGOI1 - J,:nomn to me to be the ------ - - - - -- �8sx, �een yd Funk L R1Rehart , known G�i .y Cl erk _ to me to be the ..... .. ...... - Secretary of Ike corporation described in and that executed the within. instrument, and known to -me to be the persons who executed zlw within (SEAL) instrument on behalf of the corporation herein named, and acknowledged to me that such corporation executed the same. In Wthtass Wt ,,ereof. 1 (have hereunto set my hand and affixed my official seal, the day and year in this, cer4ificate first above written. Notary Public in and for said County and State. N N ti Q .� �: ti ,� c O C AMW ► x -- y rTl s `Jy I 2p, c �Zy Yi fr 1 H w c. .r t �C 1 4aR1', O c V Qh N N ti c ti C y s `Jy U x w a, .r U: c V U J yC J 0 Mr. Ray L. Riley State Controller Sacramer ,ito, Calif. Dear Sir: G 0 Y September = -9, 1936 Attnntlon, Mr. Proctor. Herewith all the documents covering the third tax sale of property within the City Limits of Newport Beach, wherein under Section 3897D the Board of Supervisors, under an agreement dated September 7, 1936 has agreed, with your approval, to sell 220 lots or parcels of property that are now deeded to the State of Calif. 'nclosed find the following: 1. A copy of the plan covering the Third. Tax Sale dated August 20, 1935, as approved by the City and County, and marked EXhIBIT "3 ". (This is attached to the certified copy of the Resolution of the Board of Supervisors approving this sale.) 2. A certified copy of the resolution authorizing the Mayor and the City Clerk to sign the agreement of sale for Newport Beach. 3. A certified Copy of the Resolution authorizing the Chairman and the Clerk of the Board of Supervisors to sign the agreement of sale for the County of Orange. 4. 7 ree copies of said agreement, duly signed and. sealed. �5. For your file, an extra copy of EXHIBIT "A ", being a list of the property covered. If you find this agreement of sale In order, will. you please approve same, mail one copy to the City Clerk at Newport Beach, one copy to J. M.. Backs, County Clerk, Santa Ana, and follow with your usual authorization to this Department. In case you find an error in the property as listed in Exhibit "A ", please return all copies to this office, and'I will be pleased to make proper correction. Thanking you, I am Yours very truly, JCL FB Enc. J . C. Lamb County Tax Collector 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON FIRST NATIONAL BANK BUILDING SANTA ANA" CALIFORNIA • • AGREEMENT OF SALE At: 1 IN WITNESS WEI EOF, this instrument is executed 2 for Seller by its Chairman and Clerk by resolution thereunto 3 I duly authorized, and for the Buyer, by its Mayor and Clerk, 4 by resolution thereunto duly authorized, certified copies of 5 said resolutions being attached to this agreement. 6 7 I BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE -STATE OF QA IF RNIA, 8 �/"� g B fi/o / `.- hairmar. 10 (SEAL ) 11/ Attest/ 12 C erk 13 i 14 CITY COUNCIL OF THE CITY' OF NE7oTORT 15 �i BEACH, I ; 16 h 17 BY May 18 r (SEAL) 19 Ij Attester.e.9e 20 Clerk 2.1 22 23 24 The foregoing agreement is hereby approved, 25 Dated this 27th day o ?A�.j `P 1937, 26 27 HARRY B. PILEY 28 Controller of the State of California 29 30 By..�.a6 31 Deputy 32 LAW OFFICES OF ROLAND THOMPSON FIRST NATIONAL BANK BUILDING SANTA ANA, CALIFORNIA e. IMBIT "A" 0 To be attached to and made a part of an Agreement dated Hv 1m, 1937, between the Board of Supervisors of Orange County, California and the City Council of the City of Newport Beach, California. Note that this Exhibit consists of '4 6W sheets and is signed on the last sheet for identification. Said real property consists of "3 parcels, all situate within the City Limits of the City of Newport $each, is the County of Orange, State of California. All of the following lots or parcels were sold to the State of California for delinquent taxes and were later deeded to the State of California on the various dates as shown and under the deed number as set forth following each lot or parcel: EMORT BEACH CITY As per map recorded is Book 39 page 26, Rise. Mapes Records of Orange.0ounty, California Block Lot Date Deeded Deed Block Lot Date Deeded Dei No. 0. to state No No. No to State No 22 2 7 -1 -37 '4092 22 � 7 -1 -37 22 " 408 2 23 " 4106 " " 22 a 44085 28 19 " 3642 22 " 40:6 35 is 7 -1 -36 2315 22 7 " 4087 End of this Subdivision BAjtBOA ISLAND, SECTION THREE As per map recorded 1n Book 7, page 159 Misc, Mapes Records of Orange Oounty, California Block Lot Date Deeded Deed N No= t2 Otkto N 1 20 -1 -3 3600 That pot. bet. Lot 17 Blk. 14 & Bay, Lot "B" 7 -1 -36 2150 BALBOA TRACT EAST SIDE ADD. As per map recorded is Book 4. page 200 Misc, Maps, Records of Orange Oounty, California Lot Date Deeded Deed tost to No NOly. 30 ft.::1$1y.180 ft., Lot "II" 6 -30-34 1942 Nally. 30 ft. -831y. 90 ft., Lot "V" 7- 1 -37 4224 CANAX SCTIN As per map recorded is Book 49 page 989 Misc. Maps, Records of Orange.0ounty, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed N to state No No N t State No 149• �. -1-37 33`1 =3� �i3i 142 12 " 412 142 11 ; 4132 �F " 412 142. 12 " 4134 142 5 4127 142 13 " 4135 1. 142 7 " 4129 4 4 1444 4136 9 r j9 142 8 . 4130 535 9 " 3650 End of this Subdivision Page No. 1 r Block 441 530 �fR" mm MAR As per map recorded in Book 39 pages 41 and 429 Misc. Maps, Records of Orange County, California Lot Date Deeded Deed Block N it is . T. ,+„ to state 7 « io � 3 =109 No, 531 1 53 f I 20 ' 1 " r r 9 ' 2 r 4 r 6 8 " 10 " 4 " 6 " a " 2 " 3 " a " 10 12 16 " la " l " 3 " 5 " 7 ' 9 " 11 " 17 " 19 " 21 " 1 r 11 " 11 r r 22 « 5 r r 22 " 1 " r 11 " 22 " 14 « a 5 " Lot Bo• 22 7 10 35 7 10 19 21 19 24 2 9 10 12 1 11 13 20 22 14 22 a 10 12 10 16 20 22 1 9 i� 14 16' g 10 12 2 4 12 19 21 Date Deeded to State Deed N 7-1-37 3'F670g 6 « " 3090 « 3289 " 3291 " 3292 M 3293 3081 " 3052 5 30836 " 3074 3076 " ' 30979 " 3087 " 3088 « 3090 7 -1 -/ 36 7 -1 «37 r N r r r r r r r r r r r r r r r r r Page Ho, 2 2042 3301 3112 3301 3302 w, Block 738 • • CORONA DBL UR(Contd) Lot Date Deeded Deed No to state No. �; 7 -� -37 33ob io • " 3100054 • Ob 14- 6. " 3107 9 " 3io 11• � 313 ffi � 3142 10 " 3144 16 " 3139 i2 " 3i�o Lot 8 & r.^+ I n " xxna Block Lot NO. 11 13 5 7 9 14 111 20 22 11 11 13 . End of this RE-SUB OF CORONA DEL MAR Date Deeded Deed to State No, 7 -1 -37 3310 3151 3149 " 33149 3314 5 " 331b " 3317 " 33111 M zz�D 7 -1 -36 222k 7 -1 37 3320 " 3322 " 3146 " 3147 Subdivision As per map recorded in Book 4, page 67, Yisc, Daps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed _No. tat o. 33 X11 0781 -3 3194 �_ �' to state N 33 2.. ■ 3192. 33_ 3 " 319 133 1s 31993 End of this subdivision 135(N *10ft.Lot 17 & " 3191 (All of Lot 19 " M EAST REVORT As per map recorded in Book 3, pages 33 and 341, Diac, Maps, Records of Orange County, California Block Lot Date Deeded Deed Bloch Lot Date Deeded Deed No: o to state No 80. Nei, to state N 7 � 7 -1 -37 � 9 11 7 -1 -37 43 "5' 9 10 " 4304 End of ths_ subdivision FIRST ADDITION TO NEWPORT HEIGHT As per map recorded in Book 4, page 949 Diso. laps, Records of Orange_Oounty, California Block Lot Date Deeded Deed - Bllgock Lot Date Deeded Deed HJL 1225 7-1-3 33 17 to 7 -13 3�2 1 lb M 411 17 17 3429 14 9 3412 18 13 3432 17 13 " 3425 111 15 ! 343 Page NO. 3 " 3107 9 " 3io 11• � 313 ffi � 3142 10 " 3144 16 " 3139 i2 " 3i�o Lot 8 & r.^+ I n " xxna Block Lot NO. 11 13 5 7 9 14 111 20 22 11 11 13 . End of this RE-SUB OF CORONA DEL MAR Date Deeded Deed to State No, 7 -1 -37 3310 3151 3149 " 33149 3314 5 " 331b " 3317 " 33111 M zz�D 7 -1 -36 222k 7 -1 37 3320 " 3322 " 3146 " 3147 Subdivision As per map recorded in Book 4, page 67, Yisc, Daps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed _No. tat o. 33 X11 0781 -3 3194 �_ �' to state N 33 2.. ■ 3192. 33_ 3 " 319 133 1s 31993 End of this subdivision 135(N *10ft.Lot 17 & " 3191 (All of Lot 19 " M EAST REVORT As per map recorded in Book 3, pages 33 and 341, Diac, Maps, Records of Orange County, California Block Lot Date Deeded Deed Bloch Lot Date Deeded Deed No: o to state No 80. Nei, to state N 7 � 7 -1 -37 � 9 11 7 -1 -37 43 "5' 9 10 " 4304 End of ths_ subdivision FIRST ADDITION TO NEWPORT HEIGHT As per map recorded in Book 4, page 949 Diso. laps, Records of Orange_Oounty, California Block Lot Date Deeded Deed - Bllgock Lot Date Deeded Deed HJL 1225 7-1-3 33 17 to 7 -13 3�2 1 lb M 411 17 17 3429 14 9 3412 18 13 3432 17 13 " 3425 111 15 ! 343 Page NO. 3 7 -1 -36 222k 7 -1 37 3320 " 3322 " 3146 " 3147 Subdivision As per map recorded in Book 4, page 67, Yisc, Daps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed _No. tat o. 33 X11 0781 -3 3194 �_ �' to state N 33 2.. ■ 3192. 33_ 3 " 319 133 1s 31993 End of this subdivision 135(N *10ft.Lot 17 & " 3191 (All of Lot 19 " M EAST REVORT As per map recorded in Book 3, pages 33 and 341, Diac, Maps, Records of Orange County, California Block Lot Date Deeded Deed Bloch Lot Date Deeded Deed No: o to state No 80. Nei, to state N 7 � 7 -1 -37 � 9 11 7 -1 -37 43 "5' 9 10 " 4304 End of ths_ subdivision FIRST ADDITION TO NEWPORT HEIGHT As per map recorded in Book 4, page 949 Diso. laps, Records of Orange_Oounty, California Block Lot Date Deeded Deed - Bllgock Lot Date Deeded Deed HJL 1225 7-1-3 33 17 to 7 -13 3�2 1 lb M 411 17 17 3429 14 9 3412 18 13 3432 17 13 " 3425 111 15 ! 343 Page NO. 3 As per map recorded in Book 4, page 67, Yisc, Daps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed _No. tat o. 33 X11 0781 -3 3194 �_ �' to state N 33 2.. ■ 3192. 33_ 3 " 319 133 1s 31993 End of this subdivision 135(N *10ft.Lot 17 & " 3191 (All of Lot 19 " M EAST REVORT As per map recorded in Book 3, pages 33 and 341, Diac, Maps, Records of Orange County, California Block Lot Date Deeded Deed Bloch Lot Date Deeded Deed No: o to state No 80. Nei, to state N 7 � 7 -1 -37 � 9 11 7 -1 -37 43 "5' 9 10 " 4304 End of ths_ subdivision FIRST ADDITION TO NEWPORT HEIGHT As per map recorded in Book 4, page 949 Diso. laps, Records of Orange_Oounty, California Block Lot Date Deeded Deed - Bllgock Lot Date Deeded Deed HJL 1225 7-1-3 33 17 to 7 -13 3�2 1 lb M 411 17 17 3429 14 9 3412 18 13 3432 17 13 " 3425 111 15 ! 343 Page NO. 3 FIRST ADDITION TO NEWPORT HEIGHT As per map recorded in Book 4, page 949 Diso. laps, Records of Orange_Oounty, California Block Lot Date Deeded Deed - Bllgock Lot Date Deeded Deed HJL 1225 7-1-3 33 17 to 7 -13 3�2 1 lb M 411 17 17 3429 14 9 3412 18 13 3432 17 13 " 3425 111 15 ! 343 Page NO. 3 Page NO. 3 FIRST ADDITION TO HELIPORT HEIGHTS(Ooutd) Block Lot Date Deeded Deed 1� Tr t x-37 31 21 1 ' 38 21 �G �1- 'vim?= 37,E �`� 22 ll ' 3416 23 4 ' 3418 26 2i 3871 ' 3872 26 96 12 " 387 27 11 ' 3890 28 3881 28 3882 : 28 3884 2 1 9 0 • 38858 28 11 ' 33399 28 12 ' X400 28 1 3886 28 15 3868 28 18 " 3691 28 19 3892 28 21 36954 28 2323 ' 31192 29 21 ' 389ff 2 19 �9 ' 3900 �9 2 • 39 2 02 2 r 9 39 ' 7 � 29 8 " 3905 29 10 ' 3907 9 11 ; 3908 .29 9 1 ' 3911 29 29 1b ' 3912 391 29 17 391 29 19 3912 5 2g 21 3918 29 22 ' 3920 29 2 3 + 21 30 is 344002 331 1 1 " 3391 Block Lot Date Deeded Deed 10, ao° to State To• 31 254 7 —a -37 3393 32 37 ' 3852 32 14 ' 385 32 15 N 3855 32 1 385b 2 1 ' 5 32 is ' 385598 32 20 380 32 A 3861 32 22 3862 4 ' 33 6 ' 3929 34 1' 35 3421 35 g 3423 5 2 37 1 393339 37 2 37 7 " 3941 37 a 3942 37 10 ' 39N 37 18 ' 3946 38 3 38 10 395332 395+ 38 12 38 17 . 39550 38 20 3960 36 22 : 3962 39 2 33 ' 39654 39 21 ' 3962 39 ; 3968 39 a 3969 39 ; 3972 39 39 0 a 3974 1 ' 39755 39 29 0 " 3984 39 21 a 9 3982 19 23 3987 B' 2 ' 3394 'Z' Park ; 3395 End of this Snbdivisioa 3865 Page Ho. 4 LAKE TRACT As per map recorded is Hook 4t page 139 Mine. Pape, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed �N ,� N to Statue No N Nom, to State No 132 1Fr' 7 -� -37 3 52 �oU-t' 21 Al 3 233- is 360 �3 3743 233 20 " 3741 End of this Subdivision 'LANCASTERIS ADDITION As per map recorded in Book 51 page 14, Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed 25. � St o No to State Ho• 7-1-37 -P30" 7 -1 -3 4160 2 N 225 is " 4229 430 21 " 4247 225 19 " 4230 431 15 " 4177 225 20 a 4231 431 19 " 4179 225 21 " 4232 431 20 ' 4179 325 1 " 4241, 431 22 " 4161 325 2 " 4242 431 34 " 4249 325 54 " 42354 431 3 " 41632 325 6 r 423b 530 9 4164 325 7 4237 530 10 4165 329 1 " 4154 530 1996 " 42 429 12 4155 530 27 4126 30 9 • 4159 End of this Subdivision Block �— Block Maps, Date Deeded Deed to state 7 -1 - N 37 3667 RIVER SECTION As per map recorded in Book 4. page 25, Miec, Maps, Records of Orange County, California Lot Ia Tr1 Date Deeded _Deed � ~ Block to state g -3 3667 " 4330 _ " " Lot Date Deeded Deed to State No. End of this Subdivision Page No. 5 MAN FRONT TRACT As per map recorded it► Hook , page 12, Mine. Records of Orange County, California Lot Date Deeded Deed Block Lot No. to a toa _H� 7 -1 -37 3262 No TO`- 8 �' Maps, Date Deeded Deed to state 7 -1 - N 37 3667 RIVER SECTION As per map recorded in Book 4. page 25, Miec, Maps, Records of Orange County, California Lot Ia Tr1 Date Deeded _Deed � ~ Block to state g -3 3667 " 4330 _ " " Lot Date Deeded Deed to State No. End of this Subdivision Page No. 5 SECTION "B" As per map recorded in Book 4, page 27, Misc. Mape, Records of Orange County, California Block Lot Date Deeded Deed No• No, State N 16 i 7-1-3T— is i6 4255 THIRD ADDITIQF TO NEWPORT BEACH As per map recorded in Book 3,'page 31, ".Misc. -Mape, Records of Orange County; California Block Lot Date Deeded Seed No figs. to state No -'W' 3 1-1-3t 35' CT NO As per map recorded in Book 9, page 26, Miso. Maps, Records of Orange County, California Block Lot Date Deeded Deed No. NoS• to1 state 3�!NWQh 12 12 9 -" 3462 12 10 " 3463 TRACT NO3 24 As per map recorded in Book 13v pages 36 and 37, Misc. Mapes Records of Orange County, California Block Lot Date Deeded Deed w Block Lot Date Deeded Deed 110. to -state 05 No. No. to State ..N� 110 " 4457 ill 12 7-,-37 *7t 110 44 114 11 " 44471 " 7 110 4461 114 12 ■ 110 7 4462 114 13 " 4473 110 3 1111r.-2 3 Ynd of this Subdivision + 111 �w4 Page No. 6 ffAm0Rz,.CQ&gNY TRACT As per map recorded in.:Book` ,.page 5, Misc. Maps, Recorde of Orange_County California Block Lot Date Deeded Deed ~Block Lot D to Deeded Deed R N to ot to N �(O._ 7�B—r� — �j,to State 7 -a -37 No. -� -37 33 �Q g 37Q5 15. 19050 a 5 3711 OUR 6 7 -1 -35 s 11 " 371 End of this Subdivision "A" 6 7 -1 -36 2362 SECTION As per map recorded in Book 4p.page 21, Mieo. Mape, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed No. 219 N o.state N oo __ X21 8 t to state N 7 4197 -1 -37 -1 -37 219 is " 4199 221 7 " 4198 220 6 " 460s End of this subdivision SECTION "B" As per map recorded in Book 4, page 27, Misc. Mape, Records of Orange County, California Block Lot Date Deeded Deed No• No, State N 16 i 7-1-3T— is i6 4255 THIRD ADDITIQF TO NEWPORT BEACH As per map recorded in Book 3,'page 31, ".Misc. -Mape, Records of Orange County; California Block Lot Date Deeded Seed No figs. to state No -'W' 3 1-1-3t 35' CT NO As per map recorded in Book 9, page 26, Miso. Maps, Records of Orange County, California Block Lot Date Deeded Deed No. NoS• to1 state 3�!NWQh 12 12 9 -" 3462 12 10 " 3463 TRACT NO3 24 As per map recorded in Book 13v pages 36 and 37, Misc. Mapes Records of Orange County, California Block Lot Date Deeded Deed w Block Lot Date Deeded Deed 110. to -state 05 No. No. to State ..N� 110 " 4457 ill 12 7-,-37 *7t 110 44 114 11 " 44471 " 7 110 4461 114 12 ■ 110 7 4462 114 13 " 4473 110 3 1111r.-2 3 Ynd of this Subdivision + 111 �w4 Page No. 6 TRACT H0. 47o As per maps recorded in Book 17, page 23, Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Homo-' tH to 1_3 37S CT HO 6 As per map recorded is Book 17, pages 33 to 36, Inc., Misc. Mape, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed 3o _ UL to state No e�� �, to State No "Bw (Lot X35 1►lY. 2m "J" 21 1— i� ?270 "C" _ .75ft.Lot 9 7 -1 -37 4494 ct " 4272 3 74 End of this Subdivision 31 I'"KonZ) eecl TRACT Ho. 626 As per map recorded in Book 30, pages 40 and 41, Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed -Hl• Far. ° 1t37 3 Ho to state - ---- - - -- - - -37 1 " 4532 7 10 " 4-77 1 4 " 4533 10 1 " 1 12 4 5 " 1 10 b " 6 9 " 41565 3 10 ' 9233 7 " 7 10 9 " i 595 7 6 4573 End of this Subdivision Page -Ho. 7 4 a L OT too, As per map recorded is Book ,' pages` 40 and 41, Misc. Maps, Records of Orange 0ounty, California Block Lot_ Date Deeded Deed Block Lot Date Deeded Deed Ho'•_ He` E (IInd.175�at. -- to State Ho. Ho. � to State Ao. In t — 2 17 P 1 7-1 37 3219 E (Und.213lut, P 2 " 3219 in Lot 1 ' 3216 P " 220 1 " 3205 P " 3221 L of P 3222 Lot 3 " 35.79 P " 3223 - " 320 8 1 " 320+ 3 T 1 350 0 81 .2oft.Lot II 2 n 3329 H1 .20ft.Lot 20 :E 4 3330 End of this Subdivision TRACT H0, 444 As per map recorded in Book 19, page 299 Misc. Maps, Records of Orange County, California Block Lot Date Deeded Dead Block Block Lot Date Deeded Deed Hone 0 state 7- -3state 4060 Hone 7-1 44b X62 2 n 440069 " " " 5 3467 4 " 9 " 4065 End of this Subdivision TRACT H0. 47o As per maps recorded in Book 17, page 23, Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Homo-' tH to 1_3 37S CT HO 6 As per map recorded is Book 17, pages 33 to 36, Inc., Misc. Mape, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed 3o _ UL to state No e�� �, to State No "Bw (Lot X35 1►lY. 2m "J" 21 1— i� ?270 "C" _ .75ft.Lot 9 7 -1 -37 4494 ct " 4272 3 74 End of this Subdivision 31 I'"KonZ) eecl TRACT Ho. 626 As per map recorded in Book 30, pages 40 and 41, Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed -Hl• Far. ° 1t37 3 Ho to state - ---- - - -- - - -37 1 " 4532 7 10 " 4-77 1 4 " 4533 10 1 " 1 12 4 5 " 1 10 b " 6 9 " 41565 3 10 ' 9233 7 " 7 10 9 " i 595 7 6 4573 End of this Subdivision Page -Ho. 7 TRACT No. 673 TRACT NO. 756 As per map recorded in Book 239 pages 7 and S, Misc. taps, Records of Orange County, California Block Lot ~Date Deeded Deed No. so to Btate No None 41 As per map recorded in Book 20, pages 17 and it, Misc. As per map recorded in Book Maps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Dewed ToNo A j to State No. %-1=3� 323 rN00 B No= 12 to State 7-1-37 No 33 "A' 43" " 323 "B" 14 " 3238 5 55 5 3 r 3755 5 b ' 3759 69 3232 End of this 26 33384 VAN 8 0 .H. 9 12, Misc. VAN 70 a 32 3 'B" 36 r 3240 B 8 321 End of this Subdivision N TRACT No. 682 4 As per map recorded in Book 20, page 19, Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed No. None No �8 e N -1 -37 321 %3 No xo e Nom* 9 to State �7 -No. 32 9 0 77 7 -1 74. 7. 325E r -37 3247 r 32118 End of this Subdivision TRACT NO. 756 As per map recorded in Book 239 pages 7 and S, Misc. taps, Records of Orange County, California Block Lot ~Date Deeded Deed No. so to Btate No None 41 Page No. 8 TRACT N0. 772 As per map recorded in Book 23, pages 5 and 6, Misc. Maps, Records of Orange Oounty, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed No. N State' iTc. -" No, o to at to No 3 3752 7 -1 -3 3' 515 2 5 55 5 3 r 3755 5 b ' 3759 End of this Subdivision TRACT NO 8 As per map recorded in Book 30P pages 11 and 12, Misc. fts, Records of Orange County, California Block Lot Data Deeded Deed . No. NNoo , 7 None to a e -} -3T N 9 4 Page No. 8 CT NO p As per map recorded in Book '298'0 pages 25 to 36, Inc., Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed wrBlock Lot Date Deeded Deed N to State No No. Mo to State .Bo• one 50 7 -1 -37 done 1 7 -1 -37 3799 " 165 " 4009 " 20 7 -1 -35 1990 " 219 7 -1 -36 327651 " 1033344 7 -1 -37 3934 " 31 7 -w -37 you 164 " End of this Subdivision 3g 3 TRACT 110. 919 As per map recorded in Book 29, pages 31 to 34, Inc., Misc. Maps, Records of Orange County, California Block Lot Date Deeded Deed Block Lot Date Deeded Deed 3_ oz Eo. to State Ho. No. to state II i 3 7 -1 -37 3523 1 1 7 -1 -37 35� i 2 " 35215+ 1 22 N 3544 1 5 3527 1 24 N 3546 b 3529 1 25 3Z47 1 7 " 3529 2 2 " 3 99 1 9 ' 3531 2 ° 3500 1 to " 3532 2 " 3501 1 12 N 353 2 7 N 3502 1 13 3535 2 9 3504 End of this Subdivision Block None N ■ N N N N r r r ■ ■ TRACT N0. 949 As per map recorded in Book 30, pages 6 and 7, Miec. Maps, Records of Orange County, California Lot Date Deeded Deed Block Lot Date Deeded Deed �o 2 N 7-11 a3t* 29932 Blot lone Ho T St�to� �H,o�" 7- 1 -3bte zts� " N 9 2847 29 N 28345 N 62 p 42 " 2936 " 91 " 2950 43 " 2837 ■ 92 " 2951 5 2939 a " 2952 57 215L9 84 2953 59 29 5 28 41 9 2855 5 p 0 2942 1 109 2931 62 " 2944 End of this Subdivision SECTIONAL PROPERTY Newport Beach City, parcel of land in Soo. 29, Twp. 6-R 10, being the portion between Lot 7, Blk. 54, River Section and High Tide Line. Date of Sale to State, June 30, 1932• Deeded to State, July 1, 1937, under Deed No. 4300. Page No. 9 s 0 0 s This Exhibit $0 consists of ten sheets and is signed for identification as follossi BOARD °O?,BUPERVISOR8 OF THE COUNTY OF O //RAW, TATS OF CALIFO A (SEAL) BY / i Chairman ATTEST: Clerk. CITY (SEAL) (SEAL) XCIL OF THE CITY OF BEACH, pALIFORNIA, APPROVED September 27th 1937. HARRY B. RILEY Controller Of the State of Cs1 ifornia BY Deputy Page No. 10 0 \J TAX DEED UNDER SECTION 3697D OF POLITICAL CODE I It This indenture made this.thirty -first day of August, 1936, between J. C. Lamb'as Tax Collector pf the County of Orange, State of California, first party, and the City of Newport Beach, a Muni- cipal Corporation of the sixth class, of the State of California, 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 under and in accordance with law; and WHEREAS, the right of redemption of said property has been terminated as provided in Section 3997D of the Political Code and second party has purchased. said property in accordance with the provisions of said Section: and under an agreement dated July 6th, 1936, with Board of Supervisors of Orange County, California; now, therefore, Said first party does hereby grant to said second party all that certain real property in the City of Newport Beach, County of Orange, State of California, described as follows: The following lots, being the lots as shown in the Tracts as hereinafter listed: TRACT NO. 323 As per map recorded in Book 14, pages 40 and 41 of Misc. Maps, records of Orange County, California. BLOCK "F" OHM "L" "R" "g" "TO Kgrq 1 11 2, 3, 4 and 5 SEly 10 Ft of Lot 2 SEly 25 Ft -Nally 46.95 Ft of Lot 2 NWly 40 Ft of Lot 2 5 TRACT NO. 682 As per map recorded in Book 20, page 19 of Misc. Maps, records of Orange County, California.. Lots 53, 59, 65, 66 and 72 TRACT NO. 673 As per map recorded in Book 20, pages 17 and 18 of Misc. Maps, records of Orange County, California. BLOCK "A" Lots 49, 50, 51, 52 and 53 BLOCK "B" Lots 24, 47, 49 and 53 Sheet No. 1 RESUB OF CORONA DEL MAR As per map recorded IJ Sook 4, page 67 of Misc. Maps, records of Orange County, California. BLOCK LOTS 1� 6 10 Sally 10 Ft of Lot 12 139 Rly 20 Ft of Lot-19 ) . Sly 20 Ft of Lot 21 CORONA'DEL MAR As per map recorded in Book 3, pages 41 and 42 of Misc. Maps, records of Orange Countyp :California. BLOCK -LOTS 236 10 ?.36 SWlp 10 Ft of Lot 12 239 2, -4, 6 and S 239 SWly 5 Ft-of Lot '10 239 NEly 10 Ft of Lot 13 ) �3g. 15 ) 331 13 333 2, 41 6 and 8 334 6 336 2, 12 and 13 429 11 and 14 430 6 and S 431 2, 4 and 6 432 1, 2 and 4 434 3 and 16 436 2, 4, 6, S and 10 439 19 and 21 440 6 and 9 441 17, 19, 19, 20 and 21 442 4 442 18 ......;..SW1-3rj:.At ..20 443 NEly 10 Ft of Lot 15 443 17, 19 and 21 531 10 532 1, 3, 9, 11, 12 and 19 533 lg Sheet No. 2 • BLOCK 537 16, 18 and 19 538 2, 4, 6, 9, 10 and 12 539 19 and 21 54o 3, 13 and 20 541 11, 13, 15 and 20 543 5, -17 and 19 629 8 and 14 630 7 and 9 632 5 634 13 and 15 635 7,13,15,17,19 and 21 636 6, 9,10,12,14, 16,19, 20 and 21 637 2 69 1 and 5 639 Nhyj of Lot 20) 639 22. 639 1, 3, 6, 8, 21 and 22 64o 1, 3, 5, 7, 9, 20 and 22 641 3,5,8,10,12,13,14,16,17,18 641 19, 20, 21 and 22 642 7, 8 and 22 729 2 730 5 732 11 732 SWlq* of Lot 13� 733 8, 10, 11, 12, 13 and 20 735 3, 5, 19 and 21 36 1,552,3,4,5,7,8 ,9 10,11,12 and 13 736 sil]q of Lot 171 736 16_, 18, 20 and 22 737 1 739 22 739 13 and 16 740 1, 3, 5, 7, 9 and 9 Sheet No. 3 B&QCK AS 741 22 3,42 62 82 14,16,17,18,19 and 21 742 9, 14, 16 and 18 743 NElyj of Lot 16) 743 18 PROPERTY IN SEC, 28, TWP 6, RANGE 10 Newport Beach City, 2.27 Acs'An Lots 6 and 7 in Sec. 28, Twp 6, Range 10, Bd W by Central Ave., Sly by the Hudson. Newport Beach City, 2.27 Ac. in Lots 6 and 7 in Sec. 28, Twp 6, Range 10, Bd W by Central Ave. and 200 Ft Nly - the Hudson. Witness my hand: As Tax 1lector of said County of Orange State of California ! ss County of Orange ) A( On this ��' -�\ day of 1936, before me, J. M. BACKS, County Clerk and a ffioio Clerk of the Superior Court of the County of Oran e, State of California, personally appeared the within named J. C. Lamb, personally known to me to be the Tax Collector of.said County of Orange, whose name is subscribed to the annexed instrument as a party thereto, and personally known to me to be the individual des- cribed in and who executed the foregoing instrument and subscribed his name thereto as Tax Collector, and he duly acknowledged to me that he executed the same freely and voluntarily and as such Tax Collector, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal as Clerk of said Superior Court, at my office in the County of Orange, the day and year in this certificate first above written. n „ .1 ty Clerk and ex- officio Clerk of the Superior Court. Sheet No. 4 i w x � e I t L t� y. q. M q Fah Y T c y t s } i t. s r i THSamec • 2/10/64 BEACH': RESOLUTION NO. -5'Z /3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR A PUBLIC IMPROVEMENT, TO WIT, PUBLIC STREETS, AND AUTHORIZING AND DIRECTING EMINENT DOMAIN PRO- CEEDINGS THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT SECTION to The City Council hereby finds and determines that the public interest and necessity require the construction of a public improvement, including the widening of 28th Street along the easterly side thereof between Newport Boulevard and Balboa Boulevard; SECTION 2. The City Council hereby further finds and determines that the public interest and necessity require, for the construction and completion of said improvement, the acquisition by the City of Newport Beach of a right -of -way and easement for street and highway purposes in, over, and on certain real property situated in the City of Newport Beach, County of Orange, State of California, described as follows, to wit: PARCEL F: That portion of lots 17, 18 and 19, block 127 of the Lake Tract, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows: Beginning at the most northerly corner of said lot 19; thence South 37° 18' 54" East 44.58 feet along the easterly line of said lot to a point on a non - tangent curve concave southerly having a radius of 200.00 feet, a radial to said point bears North 15° 17' 33" West; thence westerly 76.87 feet along said curve through a central angle of 22° 01' 21" to the westerly line of said lot 17; thence North 37° 18' 54" West 30.00 feet to the most westerly corner of said lot 17; thence North 520 41' 06" East 75.00 feet to the point of beginning. PARCEL G: The northwesterly 30.00 feet of lots 15 and 16, block 127 of the Lake Tract, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county recorder of said county. • • I. a r + SECTION 3. The public improvement to be located on the property described in Section 2 is located in a manner which is com- patible with the greatest public good and the least private injury. SECTION 4. The City Attorney of the City of Newport Beach is hereby authorized, empowered and directed-. (a) To commence an action or actions in eminent domain in the Superior Court of the State of California in and for the County of Orange in the name of the City of Newport Beach to acquire the easement herein declared to be necessary and to secure the right to immediate possession and use of said right -of -way and easement by de- positing in court such sum of money as may be required pursuant to the provisions of Section 14 of Article I of the Constitution of the State of California to entitle the City to take immediate possession thereof. (b) To incur in the name of and on behalf of the City of Newport Beach all obligations and expenses necessary to acquire said property and the immediate possession thereof. (c) To do such further acts and to take such additional steps as may be necessary or convenient in connection with said ac- quisition. This resolution was adopted by at least a two- thirds vote of the 'City Council of the City of Newport Beach at a meeting of said Council on the 10th day of February, 1954, by the follow- ing vote, to wit: AYES, COUNCILMEN-. NOES, COUNCILMEN'. ABSENT COUNCILMEN- ANTE S T - <, Mayor City Clerk 2. V • 6 TO. CITY COUNCIL FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR SUBJECT: RECORD OF SURVEY MAP IN VICINITY OF NEWPORT BOULEVARD AND 28TH STREET RECOMMENDATIONS: I. E APPROVE RECORD OF SURVEY MAP IN VICINITY OF NEWPORT BOULEVARD AND 28TH STREET. AUTHORIZE THE CITY CLERK TO SUBMIT MAP TO COUNTY OF ORANGE FOR FILING.' IN AN EFFORT TO CLARIFY ESTABLISHED STREET LOCATIONS AND TO SIMPLIFY THE LEGAL DESCRIPTIONS FOR THE REALIGNMENT OF 28TH STREET AT NEWPORT BOULEVARD, A RECORD OF SURVEY MAP HAS BEEN PREPARED. THE FILING OF THIS MAP WILL DEFINE THE STREET RIGHTS OF WAY AND WILL ENABLE THE TITLE TO THE LETTERED LOTS TO BE CONVEYED BY SIMPLY REFERRING TO THE LOT LETTER AND THE RECORD OF SURVEY MAP NUMBER- PREPARED BY: DONALD C. SIMPSON PUBLIC WORKS DIRECTOR RC :DCS:JTD.VR 10 -21 -63 'cou,icl�: e -1 6 3 ROBERT COOP V CITY MANAGER I CITY OF NEWPORT BEACH N0 3311 EWPOFT BEPCH. PLIF. . 19_11L= O( Received From _....._..._= uarte�_ c l' $_`'.'P...:` -_...._._ . .............- ----- .--- ........ F0R4 1 33 _ AC CCIJNT ND. AMOL]NT October 29, 199 Mr. and Mrs. Edward E. Wall 123 -33rd Street Newport Beach, California Dear Mr. and Mrs. Wall: Enclosed is a Quitclaim Dead duly executid by the City of Newport Beach for Lot 23, Block 33, Newport Beach Tract. Very truly yours, Margery Schrouder City Clerk City of Newport teach MS:gm 14 r i `I r r 'yam. September 12, 1963 Mr. Edward E. Wall 125 .,•334 Street Newport Beach, California Re: Lot 23, Block 33, Newport Beach Tract Dear Mr. Wall: The following is an excerpt from the draft Minutes of the Council meeting held September 10, 1963: "It was directed that the City offer a quitclaim deed for subject lot for $500 on condition that said lot be combined with the adjoining lot by resubdivision, that Mr. Wall pay all costs in connection with the. transaction, and that Mr. Wall act upon the matter within sixty days. "' Very truly yours, 7n ✓ Margery Schrouder City Clerk City of Newport Beach MS:mv L� i Y �I e� City Council Newport Beach, Calif. Gentlemen; RE: Lot 25, Flock 55 City of Newport Reach 125 35rd Street Newport Beach, Calif. September 6, 1965 t' J- I should like to offer tl-:e City of ?Xewport Beach the =a of five hundred dollsse ($500) for this unbAjdable wedge of land which adjoins my property. Enclosed please find Cashiers Check in the above amount, made out to the City of Btewpert Beach. I hDpe you will find this offer satisfactory and that t}nis matter will be settled. This offer will be withdrawn at noon, September 15, 1965. incl (1) Cashiers Check in amt of 500 Yours very truly, 4Awa • �� [4l Gr � gx\' (-&I5 1... 97 imec /63 (6) 2 .... 3 YOR A VAUMLB;C ASIDZ'pATICW receipt of hereby _ 4 acl"Iedged,`the CITY..._1 MM IWACfl, a muai%W -A corporation, 5 does y release, res ta:;dnd forever quitclaim to MAW .'.WALL, lY_ MLL hu �f, is join A. , and tetra mX 0. iU, tight, 7 .:title and rote oetit say. in that oortakin real -,Mw ptsty g situated in the City ox::.l��iposL;:Reach, County of. ,State .of 9 California, described asu}®+er ;... _ 10 Lot 23 ..Block 339 Beach Tract, as ebm a on a asp recorded in ":page 266'. of Miscellaneous 11 I. Mapes, records of Orange County, California. 12 zr 28 29 30 31 32 i 1 3 4 'b 6 7 8 9 Cg2) 0 18 19 20 21 22 23 24 25. 26 27' 29 30 31 32 utty Clark t • CITY OF NEWPORT BEACH PLANNING DEPARTMENT NO. TO: City Clerk FROM: Planning Director i Date October 29, 1963 SUBJECT: Resubdivision No. 170 filed by Edward E. Wall on property located at 123 - 33rd Street, Newport Beach, Lots 22 and 23 Block 33, Newport Beach Tract, approved by the Planning Commission September 19, 1963. The subject application was recorded by the County Recorder on October 16, 1963 at 9:05 A.M. in Book 6763, Page 928, Official Records of Orange County California. hh W. DRAi7BY-�-'_ -. 1la ing Director To From: Subject CITY OF NEWPORT BEACH City Clerk City Attorney Resolution No Tract CITY ATTORNEY DEPARTMENT • September 24, 1963 5866, Lot 23, Block 33, Newport Beach Transmitted is a proposed quitclaim deed authorized by Resolution No. 5866 by which the City would quitclaim its interest in Lot 23, Block 33, Newport Beach Tract, to Edward E. Wall, Jr., and Betty Wall, husband and wife, as joint tenants. The quitclaim deed should be executed and delivered to the grantees upon the conditions of the resolution being met. Walter W. Charamza WWC:mec City Attorney Encs. cc - City Manager Public Works Director RBSUBDIVISION APPLICATION OF 4 LOTS OR LESS Ord.. No. 650 - Section 9252.33 City of Newport Beach FILING FEE - $25 plus cost of recording No. A %%O DATE _j-1 ,'RUCTIONS: (Read Carefully) The Applicant or his legal representative must be present at all meetings. Fill out this application completely in quadruplicate and submit to the Planning Department, City Hall, together with six (6) copies of a surveyor's plot plan. The plot plan must show all existing and proposed lot dimensions, street, alley, easement locations and existing improvements. Application is not VALID until recorded. 1. �ci ward E �� // a3 .3d Applicant (Property owner only) Address involved �6W�iwf 2. LOT 22.-Z3 BLOCK -? SECTION TRACT Al e4M ZONE As recorded in BOOK 3 PAGE (a Records of the County of Orange, State of California. 3. HEARING DATE TIME 9L3 p *P d O B P .3 .M.; 4. This real property is located in a District, and all resubdivided lots requested herein will be in accord with Subdivision Ord. #650, and any and all amendments thereto. The applicant desires a resubdivision of this property so as to provide / lot, with exceptions if any, as follows: 5. The granting of this Resubdivision is necessary because: eaa,,, d Aa,, o -F t4 c s ojet a f lel 021 f'r t„ e by fbe- city A-P Ale,&&ai +6(!Qck There are 16 sheets attached to and made a part of this application. I hereby certify that the foregoing statements, maps, drawings, plans, and spec- ifications attached hereto are true and correct. I further consent to any resubdivision permitted in reliance thereon being null and void in the event they are not true and correct. Owner APPROVED - By City Engineer On the__IL_day of Beetember 19--U Actin Home Address APPROVED - By Planning Commission On the 19 day of sevtse"r 19 69 Commission j - APPROVED - DENIED By City Council On the day of _19'_, ty ceaunuea on reverse side of sheet) 0 0 State of California) SS County of Orange ) On this 16ZI day of SrA7rmgn A.D., 1963, before me, the under- signed, a Notary Public in and for said County and State personally appeared LOMAM C. MIALt , sworn to me, to be the owner of the property described on the within instrument and whose.name is sub- scribed to the within instrument and acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary is in for said County and State bOR1S CROXON MY COMMISSION EXPIRES APRIL 25,1967. State of California) SS County of Orange ) On this 4 day of October A.D., 19 63 , before me, the under - signad, a Notary Public in and for said County and Ste sonally appeared J. V. Drayft , known to me, to be thegU?Rtary of the Planning Commission of the City of Newport Beach, and known to we to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publi n and for said County .and State A4y Commission rVires knuary 9,1965 L-1 r F 4 BLVD VIL 95, , 19 ISIS 20 N 18 .1 low. 17 33 N BLOCK UJ 9s, 1 16 -95' 21 15 14 22 h 1g 4-- 7 C ERA 4 BLVD VIL 95, , 19 IBM 0.1 10. THIS 10 NOT A SURVEY OF THE LAND OUT 10 COMPILED MOM INFORMATION SHOWN ON OFFICIAL RECOROW 3g 13 3 2 SKETCH SHOWING MM81NIM Ar Z O;rJ 23 0Z2 INAO ONE AWrEl, 16Z adr-A( 33 -4C11 7 NfW AVRr ,81. R,4C7' lVeAW.4clOW;r 8ZWC11,, 641-bc. JACK S. RAUB LAND SURVEYOR LICENSE No. 2312 .136 ROCHESTER STREET P. O. sox III COSTA Mll uj DAM* 116UD 80049 CALL. 800E Joe No., "18 -A 20 .1 33 UJ J 21 22 4-- IBM 0.1 10. THIS 10 NOT A SURVEY OF THE LAND OUT 10 COMPILED MOM INFORMATION SHOWN ON OFFICIAL RECOROW 3g 13 3 2 SKETCH SHOWING MM81NIM Ar Z O;rJ 23 0Z2 INAO ONE AWrEl, 16Z adr-A( 33 -4C11 7 NfW AVRr ,81. R,4C7' lVeAW.4clOW;r 8ZWC11,, 641-bc. JACK S. RAUB LAND SURVEYOR LICENSE No. 2312 .136 ROCHESTER STREET P. O. sox III COSTA Mll uj DAM* 116UD 80049 CALL. 800E Joe No., "18 0/63 (6) 1 D 2 3 FM: A VALM4MZ CONSIDS8ATUM, receipt of which is hereby 5 6 7 8 9 10 12 13 14 15' 1S acUnOwledged, the CITY Al WWPMT Bums a mumlicipal corporation, hereby grants to CaUf t'AtIUL, =c., a California corpasation, the following described real ftop arty in the City of Newport eeacb, County of Orange, $tat* of `California, which is the same property conveyed to the City of import !leach by that certain deed recorded in Book, 438, page 174, of Deeds, Records of said County, to wit: All that portion of Lot Lin Block 224 as per Mis *Newport Recorded seallanume Ma 21,R lii Records of orange Comaty, California cad described as beginning l thence easterly t t southwesterly corner of said long the southerly line of said, Lot 1 to the southeasterly commi thmeof; thenoa northerly along the easterly line of said Lot l a distance of 3.35 feet to a point;. thanaa.oaaterly in a direct line, a distance of 162,22 feet to the southwesterly coreer of said Lot 1, the place of beginning; 17 RZMVM unto the Grantor City of Newport Bauch an casaser�►t 'fur .public street and highway purposes in, over, cad under said real proportyo 18 19 Dateda septa mlmW [ . , 1%3. 201 CITY OF tl WMRT BEACH 2111 By 22 231 Attests 24 city Clark $TAT$ or CALi1ORNi/!i 25 : so 26 COtJXTY OF MUOR ) On September , 1963, before ms, the undersigned, a 27 Rotary Public in and f6`r— it County and State, personally appeared CVAMM E. HART and MARGSITY ,.known to me to be the Mayor 28 and the City Clark, respectively, of the CITY CW MWWRT RUCH and to be the persons whose names are subscribed to the within iustru- 29 meant, scud e0noOlsdged that they executed the acme on behalf of the City of t -h. 30 31 WITNISS m hand and official seal. V. Notary Public in and for said County amd State tip C;r.is; i yii es. J2j a, ,SGI ib3 (12) �. 11 0 9 10 11 12 14 15 16 17 18 19 20 21 RM 23 24 25 26 27 28 29 30 31 32 dated do 43th day of April, 1969, authorl"d bye� City Co it lmsolut# , . v. 3773, a to convey to coast: Capifalf UW:*v # California corposation, the following described tcma y in the City of Newport Beacb., conty of Orange, stet a 44 Calilorstat i:F# I All that portion of Lot 1 in 91eck 224 as per Map of Secti4a A•li�t $sach as Amorded in MiscollA►aeosss maps back 4- 21, Placards of OXNIAP Comty, C 1WOV'nia ' dmscvibsd as Uggiining at the soctrb msterly conwr of said Lot 11 ammo easterly alo0g the southerly line sf said Lot 1.to the soath"Sterlp CGIVAS . IUA of said $4t.1 a taxstame a pout j t hmme wstarly Lit a 4"t" We. of 102.22 Brat to the eamm of said Lot 1s the plea VRO&U, to order to aanty out said agramimenty it is Clock 'be and give bareby autbarixed and directed to execute a grant deed an bshislf Of the City of prwport Beach pursuant to said ty 0 9 CITY OF NEWPORT BEACH CALIFORNIA City Han 3300 W. Newport Blvd. Area Code 714 673 -2110 August 7, 1963 %1 Honorable City Council City of Newport Beach Newport Beach, California Dear Mayor and Councilmen: At the request of the City Council, the Planning Commission at its adjourned meeting on August 1, 1963 reviewed the proposed sale of City owned property on the west side of Newport Boulevard between 26th and 28th Streets and found no objection to the proposed sale. 7WDehh 4 1 Very truly yours, PLANNING COMMISSION By ing Director City Olerk July 30, 1963 Planning Director J. W. Drawdy Deputy City Clerk M. Vallery Council Action of July 29, 1963 At the regular adjourned meeting of the City Council held July 29, 1963, Councilman Stoddard reported on the Pacific Electric Committee meeting relative to the sale of a forty foot strip of City owned property on the west side of Newport Boulevard between 26th and 28th Streets. It was directed that the Planning Commission be requested to study the proposed sale of subject property at their next meeting. >k, Deputy City Clerk Index OTY OF NEWPORT BEAR COUNCILMEN Volume 17 - Page 29 M_- _),es of REGULAR ADJOURNED MEETING OF THE CITY COUNCIL s Date of Meeting: Jaly 29, 1963 "'. Time of Meeting; 7:30 P. M. ,.m•..�,i•,�•,o,d Place of Meeting.- Council Chambers Roll Ca1L- A n?enioranduin dated July 29, 1963 was presented from the City Attorney regarding a Summons and Complaint served on the City Clerk on July 26, 1963, Huntington Beach School D4 strict, piaintiff, v. Roy E. Sakioka, et al. , defendants, Superior Court No. 115016, being an action in eminent do- main by t:hs Huntington Beach School District to take certain property for a school site. The City Attorney was author- ized and directed to appear in. the Superior Court action en- `itled Huntington. Beach School District v. Roy K. Sakioka, et al. , Superior Court No. 1-15016, on behalf of the City of Newport Beach, and take whatever action is necessary in connection therewith to protect the City's interest. Councilman Lorenz joined the meeting. A memcranduin dated July 29, 1963 from the City Attorney to the City Clerk regarding a Quitclaim Deed lo* Lots 8 and 9 in Block 26 of Tract No. 772, was presented. M otion Ayes x:x. x, Absent Y. Resolution No. 5832, authorizing the execution of a Qu_t- Motion claim Deed, releasing the Cit,_V's apparent interest in Lots Roll Call 8 and 9 _n Block 26 of Tract No. 772 to the owner or owners Ayes of °eccid, was adopted. Absent City Manager Rob -rt Coop `ntroduce3 a guest in the audience, Mr. Rich_ rd H. WW.lson, City Manager of Nevada, Missouri. The Mayer welcomed .Mr. Wilsor_ to our City. A discussion was had regarding the County Dock meeting to be held. on August 5. Councilman Stoddard reported on the Pacific Electric Com- mittee meeting relative *_c the sale of a forty foot strip of City owned property on the west side of Newport Boulevard between 26th and 28th Streets, It was directed that the Planning Commission be requested to study the proposed sale of subject property at their next meeting. Mayor Hart opened the hearing on proposed Capital Improve- ments. Mark Engelke, Parks, Beaches and Recreation Commissioner, spoke from the audience .regarding the reed for a traffic s`gnal at Pacific Coast Highway and Orange .Street. Sewer replacement projects were discussed. A dis- cussion was had regarding Water Fund contribution to sewer: replacements. Sewer replacement, street lighting, harbor, and miscellaneous projects were discussed. Fire Chief R. J. Briscoe spoke from the audience regarding replace= ment of the fire pumper. Page 29 X: x I X1 i i I I I I � I i I Ix X! X X!: x x;x x x; x iv Motion Ayes xx x xx; Absent x 1 tTY OF NEWPORT BEAR Volume 17 - Page 30 Index July 29, 1963 The Parks, Beaches and Recreation Capital Improvements Summary was discussed. Parks, Beaches and Recreation Director Calvin Stewart and E. F. Hirth, Chairman of the Parks, Beaches and Recreation Commission, spoke from the audience. Tentative approval was given to a number of the proposed Capital Improvement items, and the Council continued the hearing until more specific figures are avaii.able on surplus fundG. The meeting was adjourned at 10:40 P. M. Page 30 COUNCILMEN i � I i i i I Motion i i i i i !i x Ayes x'x x X X!x Absent x i i . i i i t I i i � I i i i i 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 30 I, 31 32 eoa64a Aiiiia Cam ey masorow'a aegino t ► tftt Ryas 6*Uwtm of tbp City of *WPM* 1404 mb► 1936, tsei dtad to wo as mompire semo omvmtm • U block 7A of Treat 7"S $a Ow CMW Of NO 1! 11 09 ftWIP. StAft Of CsUSe tas •baum 4a a 'mp x0cotdod In asak lkamisamom a .SW county; MA been Pat "d the got , 4 U Bits tot the "W *00 aft aM b0o, MY iat"Ostl to ""lots a" I* 1 &AM be papot " mosate a odial. daad U4 the oppmm% : f WHO =m=M26 w tz V" 1w .d Olpr Oftmt&;;�C t MY as that 160 www a" a" aft ,wi*i sutiorts" gad dimme sad tO omemew a 4"if801d Nerd 046601mg. 010 MY *& offamat matt in said tO Ike - I-' ' ON ammars Of %us my eat J"y. I"& To From: r CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT 0 July 29, 1963 Subject: Quitclaim deed, Lots 8 and 9, Block 26, Tract 772 (Newport Shores) Attached is a quitclaim deed and a resolution authorizing its execution for the consideration of the City Council. The quitclaim deed will serve to remove a cloud on the title to the above - described property resulting from a tax deed to the City recorded on March 6, 1936. The tax deed in question was issued on certain delinquent sewer assessments. The City has on file in the City Clerk's office an affidavit dated February 25, 1957, from J. A. Gant, former City Treasurer, stating that the tax deed was mistakenly recorded by the City and that the taxpayers within the assessment district had in fact paid the sewer assessments. The request for the execution of the quitclaim deed is con- tained in a letter from the Newport Beach Escrow Company stating that the present owners are in the process of selling the property and that the escrow is due to close August 1, 1963. Walter W. Charamza City Attorney By IZI/4 Tully H. Serhour TncsE . Assistant City Attorney ncs cc - City Manager L : RECEIVED �< CITY CLE K JJL 2 19630 CITY OF NEWPO'i BEACH, / CALIF. ` • 0 0aaCI1 60 WCompany July 24, 1963 City of Newport Beach City Hall Newport Beach, California Attention City Clerk Gentlemen: Escrow 63 -925 Lots 8 and 9, Block 26, Tract 772 CITY {1> NFWP021 ;ls:�'�,il, CALL i . In accordance with our telephone conversation with Mrs. MacDonald of your office today, we are submitting the following information: On March 6, 1936, there was recorded in Book 813, page 58, Official Records of Orange County, California, a tax deed to the city of New- port Beach, executed by R. R. Hodgkinso} as marshal and ex- officio tax and license collector of the city of Newport Beach. This deed constitutes a cloud on the title to this property and we should like to have from you a Quitclaim deed from the city for the purpose of clearing that cloud. (Quitclaim Deed is enclosed for signature.) Present owners of this property are Clyde E. Brawn and Elizabeth __ Binford Brown husband and wife as joint tenants. Taxes were assessed to Charles A. Dickhaut, and it is, therefore, assumed that he was the record owner at the time of the tax deed recording. Your prompt response to this request will be very much appreciated since our escrow is due to close on August 1, 1963, Very truly yours, Juanita Heinz o' Escrow Officer juty 13, 1969 JJJYYY/// PI Mr. Frank Wood 1119 West Day AMilk s Newport Beach, California Dear Mr, Woods This will confirm ; saipiaywwat to Oaks appraisal on parcel J shoes an the way o! Liss are& at 26th Street to 28th Strest.in the City. This is theta that lies along the �rast�ri' "YS delft . �d� goulevard between 26th Street and 28th Swat. The suggested fee of $50 to $730 for the report is satisfaatosy, We dellaitely need. the report by July 26. Movevar if it emum be aampleted a couple of days ;Lz of that, it would be most helpful to the Cite. Thank, you for your prompt attention to this assignment. "Mme City tty Clerti Very truly yes• halter W. Charamisa City Attorney r RECEIVED from City Clerk Margery Schrouder, City of Newport Beach, Cashiers Check No. 31242, drawn on the Newport Beach Branch of the Security First National Bank, in the amount of $7250. 00, payable to the City of Newport Beach, being a check which was presented to the Council on June 10, 1963 as a deposit on Parcel H in connection with a bid in the amount of $72, 500. 00 for L. M. Duntley. Said bid was rejected, and the City Clerk was authorized to return said check. Dated -le- — / :� RECEIVED from City Clerk Margery Schrouder, City of New -port Beach, Cashiers Check No. 31241, drawn on the Newport Beach Branch of the Security First National Bank, in the amount of $5750. 00, payable to the City of Newport Beach, being a check which was presented to the Council on June 10, 1963 as a deposit on Parcel I in connection with a bid in the amount of $57, 500. 00 for L. M. Duntley. Said bid was rejected, and the City Clerk was authorized to return said check. Dated ___.4 — - � • j C� 3� 2129 East Balboa Blvd., Balboa, Calif. The City Council Newport Beach California Gentlemen, There is an unpublished story abroad thattisoft drink and hambareer firm Is planing to lease the old Pacific Electric depot from the city, when the city buys it. There are plenty of places to eat right now in Newoort ... but not enough places to park... why not turn the area into a beautified parking lot, with meters, if income is sought. I am strongly opposed to a soft drink stand at this location. Very truly May 10 1963 ti } M r`TV�pCF�, NEW���aUp. ii ...-.� SANDY F. MACKAY GEORGE DICKS .JERRY GREER JULIAN S. BREWER PAUL ROUSE FRANK B. RICE RAY S. KENISON Honorable City Council City of Newport Beach Newport Beach, Calif. Gentlemen: May 10, 1963 M£6Y, pr?7 V clauf�'ACrr, It has come to my attention of your intent to install a Root Beer Drive -in operation on the newly acquired P. E. nronerty. In my estimation, this is a very ridiculous situation. For years we have done our utmost to clean up the approach to Newport and up- grade the front door to our City. This has been accomplished by years of hard work by the City and sacrifice by the merchants in the area. There has been a real problem in the area from transient surfers, and of all operations, this drive -in situation is most conducive to attracting more of this undesirable class of patronage. An examination of similar operations anywhere in Southern California will reveal unsightliness, dirt, filth, and again the type of patronage we are trying to discourage and not encourage. The estimated gross income of :10,000 per year for this Root Beer oneration will certainly in the estimation of many, not justify the additional -olice protection necessary to patrol the area and direct the additional traffic flow problems that must be incurred. We have enough problems without asking for more. As an example please check the police records of another drive - in situation within our city which has been a constant source of trouble and expense to the City for many years. I ask you gentlemen, ^lease use your good common sense, and don't be swayed by a pretty rendering and the promise of a few extra dollars for the city's revenue. XACIUY & DICKS INSURANCE BROKERS 505 THIRTIETH STREET NEWPORT BEACH. CALIFORNIA ORIOLE 5.1550 KIMBERLY 9.1188 SANDY F. MACKAY GEORGE DICKS .JERRY GREER JULIAN S. BREWER PAUL ROUSE FRANK B. RICE RAY S. KENISON Honorable City Council City of Newport Beach Newport Beach, Calif. Gentlemen: May 10, 1963 M£6Y, pr?7 V clauf�'ACrr, It has come to my attention of your intent to install a Root Beer Drive -in operation on the newly acquired P. E. nronerty. In my estimation, this is a very ridiculous situation. For years we have done our utmost to clean up the approach to Newport and up- grade the front door to our City. This has been accomplished by years of hard work by the City and sacrifice by the merchants in the area. There has been a real problem in the area from transient surfers, and of all operations, this drive -in situation is most conducive to attracting more of this undesirable class of patronage. An examination of similar operations anywhere in Southern California will reveal unsightliness, dirt, filth, and again the type of patronage we are trying to discourage and not encourage. The estimated gross income of :10,000 per year for this Root Beer oneration will certainly in the estimation of many, not justify the additional -olice protection necessary to patrol the area and direct the additional traffic flow problems that must be incurred. We have enough problems without asking for more. As an example please check the police records of another drive - in situation within our city which has been a constant source of trouble and expense to the City for many years. I ask you gentlemen, ^lease use your good common sense, and don't be swayed by a pretty rendering and the promise of a few extra dollars for the city's revenue. . -. • 9 - 2 - We are oroud. of our City! Let's up grade and not down grade it. Thank you for your consideration. SFM : ,j c Most s artily vmirc_ BL09EN M. FAY, REALTOR MANAGER REAlTG RS NUIL: '0� 10 Tn A and BEACH REALTY,*c. 3035 W. BALBOA BLVD. NEWPORT BEACH, CALIFORNIA PHONEZ ORIOLE 3 -9300 "The Gateway to Balboa PeniRaa7a„ May 10, 1963 City Council City of Newport Beach Newport Beach, Calif. Honorable City Council: We of Bay and Beach Realty, Inc. wish to protest the issuance of a license for a Drive —in Root Beer business on the site of the old Pacific Electric depot. The traffic problem is sufficiently serious in that immediate area and it seems to us that an installation of this sort would increase the traffic problem appreciably. The problems at Merle's Drive —in should be an example to the City of Newport Beach and it seems to us that the revenue that the City of Newport Beach would derive from a Root Beer Drive —in would be far over— shadowed by the adverse affects this could have on our area. Weearnestly request that you veto this type of use for this property. F0011 Respectfully submitted, BAY AND BEACH REALTY, INC. i Mr's. Gloden M. Fay, Realtors Multiple Listing E'SIA'If' _ RECEIVID �( CITY WalK 0 19630 CITY OF ,NEWPOALIF.LACH; T—jy-:� - L.� OFFICERS REALTORB WILLIAM P. YEAGER • ANNA M. YEAGER • J. LEONARD SMITH • GLOGEN M. FAY h lid - ��i:. GiFy pgFAGO, Newport Beach City Council f NQOG��F_ \� City Hall Newport Beach, California Gentlemen: May 12, 1963 r\k' �-A Our attention has been called to negotiations between the city of Newport Beach and the A &. "J Soot Beer Company for a drive - in operation, to be established on the site of the existing Pacific Electric station. The Board of Directors, on behalf of the members of the Balboa Peninsula Point Association, wish to register a strong protest against this or any other similar business proposed for this loca- tion. It is our belief and contention that such an operation can only serve to increase an already critical traffic situation in this area., as well as to create a focal point for ,juvenile gatherings. Ile do not wish to allow a condition which would foster inci- dents similar to those that have occurred Pt.ITerles' Drive - In and on Balboa Island. Very truly ,yours, The Board of Directors Balboa Peninsula �Point Association M, -rion McDonald Vice President COUNCIL: 5 =a7 i i W. STUART FOOTE 106 MCFADCEN P"M AT THE NEWPORT PIER INSURANCE P. O. Box 1001 — PHONE ORIOLE "670 MEMBER NEWPORT BEACH. CALIFORNIA NEWPORT HARBOR REAL 6TATE BOARD OF REALTORS REAL PROPERTY ORANGE COUNTY ASSOCIATION IRAN BROKERAGE OF INSURANCE AGENTS May 10, 1963 City Council k'i'y � X11 mss, City Of Newport Beach 8 C" OF Newpott Beach, California �PD7Af Gentlemen: I wish to protest most emphatically against the possiblity of the City n �� leasing the property in the area of the old Pacific Depot for a drive -in restaurant. As you know, we have already had our share of police problems with drive -in restaurants. Having been in business near the proposed drive -in for over seventeen years, I think what little income the City may realize will be more than Offset by increased costs of police protection to say nothing of traffic congestion. It appears to lease this property for a drive -in would be -a very poor in- vestment for the City. Sincerely, ?a. Stuart BOOte P1SP: ear ri 71 8, 9 10 11 12 13 14 15 16 17 18� 19 20 211 221 231 24 25� 26� 27 28 29 30 31 32� M/)63 an RESOLVIM 0- W-AMEAS, The Itivift Company, a heat 1tiraiuia ae!rpOe;atian, has +amosuted a of right of uey granting to the city of Newport Vic" the right of tray for a public highway over all the ftal Fraperty situate in the %`aunty of (Yratgs, in the Bute of Califor- nia* deBiribed as follows, to wit: r All ttaat portion of took division as showa on a may rew 133 of iscallaaaee A PAPS, reem Califarniat as more particular,, CMInty, H191"y Department BUM Way Map dated 0 -4.62, revised C i N'O. 17029 entitled "p,ALgAR11 Acacia Street ", attached to ea: sumy and made a part thereof, is oilow described parcels of Irvine60 5W►- ed In Book 1, Pfte of twangs. CQetgr, shown on Asrmye Division 81aht of 9.7111y, rrm of right of jai thin the A Strip of lent! 80.€ 0 feat wide lying 40,0 feet an each side of the following desist line: Beginning at a point in the northasatsrl line of said Mock 50 distant nt South.39 50 n Wcat, 1200.41 foat, more or ,less, froze the nortle- arly corner of said 41401, so$ scent point bein the begirAinS of a tenet Carve, concave south - y and having a radius of LM.00 feet the southeasterly terminus of said curve ' to Sass to ! northeasterly lixara of said Bloc; esstetrlyy al said emu, t a ,+astral of 900 911 10 as are distance of 1883.36 fact to said tmgvnt intersectieu with said northeasterly line= abseve South 500 1331 00" fast, alms said aastboasterly live 2762.10 feat to the E"t aEexner' Of the northwesterly baif of the southeasterly mue -pelf of said Block 50# Cepting t of rrom all that portion lying eaate l of C was ly Base of XwArthu - vard., 110.00 feat aide, ism described in a deed recorded in Book 1047, page $afi, Officfal &easrds of said county. Also owepting therefrom all that p6stion 1 Dorthsaestetly Left a line that is parallel with 40.00 feast southeasterly from the northwester- ly Una of said Stock 513; VMMUSo it is to tree interest of the City to accept said deed of right of nay for MCh .purpose; 1 No* ?="n, IIR.IT RPM.VO by do Cigr Comail of 2 dire Ctty of art 9"ch tb" tkWd of right of way 3 RW sad d1ikOt7 ClOft is authwiasod "d dimtod to execute 4 and &it" a certiflos" .09 taft" atd a msdat to, the rec ordin 5 of stid died of riht of: MW In die Cs40ty lace"Mroo Office, 6 Ab p this _�� my of April. 1063. 8. ;. NLy� 9 ATTWr , 10 can -q:nn. % c 11 �+ 12 13 14 15 16 17 18 19 20 21 22 23� 24 25 26 27 28 29 30 31 32 2• 1 2 3 4 5 6 7 8 9 10 11 12 13I 141 15 16 17 18 19 20 21 22 231 24 1 251 26 27 28 29 30 31 3211 A(13) 4; S. , be" prommtad to *a dity Comm" of dw + of toopmt b"cli a " t www whisk do Cif of * 6824 smts to 4 Hiller Ca tttastias con ow. the Of AMita wt bd" aftoftl ftm a poniaa ai the "ill' a dismal am es aura Umly aat tarot is 044 agftmmt; a" ma, do CUV CMCil b" cmaids!ed they toWs M# 90"LUMS of y agr000 a .6" fwAmd � to be !aN and - tabl*t am* =Mmus n It IMLVYM tbut cm pmiym "A rolt ► CU9k WO OW dbMted to MoMbe the awr st babslf of tb! City of wt t* Guy ca"a L2 G3 6�f !'t-t c"I " 6 i1 Err �ti d41,11- �a-"C-arr, A"-', L t k, iL of -14t 3 3w Pw' CITI of %Evlpo�l � CALIF. �Xvl 4,' WZLt li �,L E March 4, 1963 Mr. Charles H. McKinney and Mrs. Dolly McKinney 213 Colton Street Newport Beach, California Dear Mr. 6 Mrs. McKinney: U. V t Your letter of December 20, 1962, to the City Council of Newport Beach with reference to the tax deed appearing of record against Lots 6, 7. and 8. Block 7. Seashore Colony Tract, was referred to the City Attorney. We are advised by the Orange County 'Tax Collector that the subject property was redeemed by Charles H. McKinney on April 27, 1955. A copy of the Tax Collector's letter dated February 21, 1963, and copies of certificates of redemption dated April 27, 19550 referred to therein, are enclosed. This information should enable you to have said tax deed cleared from the title to the property. Very truly yours, Walter W. Charamza City Attorney By THS:mec Assistant CityAttorney Encs. cc - Margery Schrouder, City Clerk to folftai: I to did Sts FLA. RGE t, V- t4 -L, City Council F�L City of Newport Beach 3200 Newport Blvd. ___-- Newport Beach, Calif. Re. Application for 'Quit Claim Deed'. Geatlement On July 28, 1947, the following described property 213 Colton Street, Newport Beach, Calif. Lots 6, 7, and 8, Block 7, Seashore Colony Tract 213 Colton Street Newport Beach, Calif. December 20, 1962 i YY �AJ t IV r was purchased by us, Charles H. McKinney and Dolly McKinney, from Edward H. Roddy and Dorothy Reddy. At the present time, title search indicates that a Tax Dead was recorded by the City of Newport Beach on July 1, 1953, for anpaid taus for the fiscal year of 1947 -48, in the same of Edward H. Reddy, to the City of Newport Beach. Copy of this tax Deed in the amount of $26.88 is attached. Since the time of our purchase of this property, Mr. Heddy is deceased, and we are at the present time nuable to locate Mrs. Reddy. We have paid the Heddys in full, and have a Grant Deed recorded August 4, 1958. A thorough search of our records has failed to produce a paid tax receipt for the period of delinquency indicated, as our records are only partially complete - dns to the period of time elapsed and several moves since the purchase of this property. It is beyond our comprehension that we would have neglected to pay such an amount, and thereby allow such a tax sale to take place. At no time have we ever had say knowledge of any delinquency. Therefore, we respectfully request that the City of Newport Beach issue a Quit Claim Deed, or advise the proceedure necessary to relieve the Title of our property of this Tax Lien. Very truly yours, Charles L McKinney TAX DEED � :.e urdec igned,. the duly ad collector of the CPointed, , quatt r i d ,;rarhal'and ex-officio - : . .c:,ter certify as fol oxe: ty of Newport due 'sreby recite, declare and _ The name of the owner of the hereinafter descrlved land .a,a granted and to whom :t was assessed for taxes of the city of Nen,.p(t >t Beach in tti6 year 194141 Is .... The said land was a _i for taxes in the year 194 i , and the assessed value - r lscreuf was $._?952,co ' ` .4 tax was duly levied in the year in the sum of 2 0_ ............................ " The said taxes we., r.c: paid and the described and granted land was sold for the ! ' unpaid an(! d:ilinqucnt lazes on the ....... .3.och .... ......:..day of...... g. � -. .. _ ,:... 1f- +3... -. tyr [.:c Sum of $ 6.:!4 ...............: 1 . ... : '..' .. . . The "id land . is uea and recorded azrecitdg t� City atcerti icaeof sal duly \of Newport - h. cl Beno a . deed oi: the i2Fh .. .......day of ... Sure. .. .... ._, .. _.._ ., 19.53..:. h r t`.n e for .redeeming said described ar,d granted .property has e>;pired. No rr on has rcuh-emed said land or paid said tace:, rope o: any thereof, within the t o n n,:.r „! for the redemption. of such land. - .. • - Noa therefore, in consideration of the premwca, and the non- payment of delin- quent au?. on the said land I oft LPSO!:, aches - '- a;!(] cuoRi;:o Tax and License Collector of the City of Newport Beach. do hereby grant to the City of Newport Beach that certain lot, piece or parcel of land located in id city'. County of Orange, State of California. and particularly described as follows: e tote t, 7 s E. Block 7, $B,vS'doas CCLCKY 2+1CT �I - City o: Ye.port Beach '- a h..n oo a Ynp recor.ied lr Book 7. pe.•e 25 of ' �' -: is rel lereoue its Fe. ro:or,.e ' e.` Crerye Count'. .. �,... t�A To have and to hold the described aa.: ;.;ranted land and to its t auccemors forever. %Vitness my official signature at the City of e wport Beach this :.._gt.th i' ... .day of ........... e ............ . ..................... ....................1951 ..N... 4 w G, etv: .... t'' K � � U:ws..v •�.. fi,.v , f ..�Si?k f�Y; e,cw Y � �t N `.e x.. ,I —II -6 TO: CITY COUNCIL FROM: CITY MANAGER AND PUBLIC WORKS DIRECTOR ,So ne•Cu,A -�c� SUBJECT: SULLY - MILLER LEASE AT CITY DUMP SITE yt'�EA 1. � aG `lli U J RECOMMENDATIONS: I. APPROVE A 1 —YEAR EXTENSION OF THE LEASE WITH THE PROVISION THAT NOT MORE THAN 50,000 CUBIC YARDS OF MATERIAL BE REMOVED. Z. AUTHORIZE THE PREPARATION OF AN AERIAL TOPOGRAPHIC. MAP AT A COST OF APPROXIMATELY #1,000. THE SUBJECT LEASE FOR THE REMOVAL OF SAND AND GRAVEL EXPIRES MAY 13, 1963. SULLY — MILLER HAS REQUESTED A ONE -YEAR EXTENSION TO MAY 13, 1964. SULLY — MILLER CONTRACTING CO. FIRST BEGAN REMOVING MATERIAL IN 1953 UNDER AN AGREEMENT WITH THE CITY. IN 1957, THE CITY LEASED THE NORTHWESTERLY 10 —ACRE PARCEL TO THE COMPANY FOR 3 YEARS WITH AN OPTION FOR AN ADDITIONAL 3 YEARS. SULLY — MILLER EXERCISED THEIR OPTION IN 1960. THE CITY HAS BEEN RECEIVING 10¢ PER CUBIC YARD FOR THE MATERIAL. SINCE 1953, APPROXIMATELY 685,000 CUBIC YARDS OF MATERIAL HAVE BEEN REMOVED. THERE - FORE, THE TOTAL. INCOME TO THE PRESENT HAS BEEN $.68,500. DURING THIS SAME. TIME, THE CITY HAS BEEN .OPERATING A CU7.:AND COVER DISPOSAL OPERATION ON PORTIONS OF THE REMAINING 30 ACRES. THIS OPERATION RE- QUIRES APPROXIMATELY 1 UNIT OF SOIL TO COVER EACH Z UNITS OF REFUSE. THE AMOUNT OF MATERIAL THAT;_REMAINS IN EXCESS OF THAT REQUIRED FOR MAX- IMUM USE OF THE AREA FOR A DISPOSAL,,SITE. IS NOT KNOWN, SINCE ULTIMATE ELEVATIONS HAVE NOT BEEN DETERMINED. TO FI.X,THESE- ...ELEVATIONS AND DETERMINE THE AMOUNT OF EXCESS MATERIAL. AVAILABLE WOULD REQUIRE THE PREPARATION OF A TOPOGRAPHIC MAP AND SOME LAND USE STUD IES. AN ADEQUATE MAP CAN BE PREPARED BY AN AERIAL PHOTO RAPHIC PROCESS FOR ABOUT $1,000. THE REMAINING WORK COULD PROBABLY BE DONE BY THE ENGINEERING DIVISION AND THE PLANNING .DEPARTMENT. MOST OF THE REMAINING DESIRABLE MATERIAL APPEARS TO BE LOCATED IN THE SOUTHWESTERLY PORTION OF THE 40 -ACRE SITE -. THIS IS OUTSIDE THE PRESENT LEASE. IF STUDIES SNOW THERE IS EXCESS MATERIAL, IT WOULD BE NECESSARY TO REVISE THE LEASE. • MEMO TO: CITY COUNCIL SUBJ: SULLY - MILLER LEASE PAGE 2. ALTHOUGH IT HAS BEEN RECOMMENDED THAT THE LEASE BE EXTENDED FOR ONE YEAR, A LIMITATION SHOULD BE PLACED ON THE AMOUNT OF MATERIAL TO BE REMOVED. THE 50,000 CLBIC YARDS RECOMMENDED COMPARES WITH THE 43,000 YARDS REMOVED DURING THE 1962 CALENDAR YEAR. PREPARED BY: DONALD C. SIMPSON ROBERT COOP PUBLIC WORKS DIRECTOR CITY MANAGER RC :DCS:vs 2/7/63 , r city Clerk FY February S, 1963 Public worlts Director Donald Simpson City Clerk Margery Schrouder At the request of Hancock Banning III, the City Council adopted ResolLition No. 5732, authorizing a quitclaim J deed to the owners of record of the City's present interest in the easements and rights -of -way specified in the resolution. I am attaching a copy of Resolution No. 5732 to enable you to indicate the quitclaim " your Atlas maps. The quitclaim deed has been forwarded to Basco, Ltd. today, and I assume that the Banning interests will record it in the near future. MS:mv Enc. , r February 5, 1963 Mr.. Hancock Banning III Vice President Beeco, Ltd. 505 -.30th Street Newport Beach, California Dear Mr. Banning: In accordance with the request contained in your letter of January 11, , the Council of the City of Newport Beach adopted Resolution No. 5732, authorizing the execution of a quitclaim deed. I am enclosing the duly executed Quitclaim Deed to the owners of record of the City's present interest in certain easements and rights -of -way. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:mv Enc. To From 9 6 CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT January 25, 1963 Subject: Quitclaim Deed, Banning property Beeco, Ltd,, by letter of January 11, 1963, has requested the City to quitclaim certain easements it has over the Banning parcel lying in the County island northerly of the westerly part of the City. We have prepared a quitclaim deed which would quitclaim to the owners of record the City's present interest in the ease- ments and rights of way specified in the deed. We have also prepared a resolution which, if adopted by the City Council will authorize the execution of the deed.. The proposed deed and resolution are attached. The particular easements are shown on Exhibit "A" and Exhibit "B" attached to the deed and are indicated as Parcel I, Parcel II, and Parcel III. The Public Works Department has reviewed the sketches and indicates that the City has not used any of these easements for many years and that there is no likelihood of their being needed in the faaseeable future. It is suggested that the matter be submitted to the City Council. WWC:mec Encs. cc - City Manager Public Works Director Walter W. Charamza City Attorney ' Jig JI I I�F� ` BEECO, LTD. 505 30TH STREET NEWPORT BEACH. CALIFORNIA ORIOLE 5 -2911 Honorable City Council City of Newport Beach 3300 West Newport Boulevard Newport Beach. California Gentlemen: We hereby request that the City of Newport Beach quitclaim to the . Owners of Record its interest in certain easements. Easement No. 1 for water pipe lines extends along the southerly pro- jection of Monrovia Avenue to Superior Avenue. Easement No. 2 for water pipe lines extends along the southerly pro - jection of Monrovia Avenue southerly from Superior Avenue. I am advised that the City of Newport Beach actually discontinued the use of said easements in 1932. Easement No. 3 for sewer and water mains extends from the City of Newport Beach former sewage treatment plant site southwesterly to Coast Highway 101A. It is my understanding that this easeanent was granted by the Bannings at the time that the then existing sewer dis- charge line was washed out during the flood of 1938, and that this ease- ment has not been used by Newport Beach since the operation of the sewage treatment plant was discontinued. We are in the process of clearing up certain title matters in connection with our property and also preparing to record a record survey on all of our property north of Highway 101A. The above easements are among several matters which we would like to resolve at this time. Further, as the property is developed, the location of water and sewer mains will be appropriately located to serve the area, and inasmuch as Newport Beach has not been using these easements for sometime, we would greatly appreciate your granting the requested quitclaims. We Have filed maps showing the above easements with your Engineering Department so that they may be checked. Very truly yours, a anni II HB/at 25/63 (6) • 1 Ol1E CIl►1$! DEED 2 The CITY OF.NOMT BEACH, a municipal corporation, for a 3 valuable consideration, the receipt of which is hereby acknowledged, 4 does hereby role.aas, remise and forever g4talaim all its present 5 right, title s** :.interns-, . in`the rights, of way and easemeuto.here- 6 inafter described to the oaeAirs of record of the real property in 7I the County of Orange, state of California, within rhich said 8 rights of way and .44 to exist, in severalty and upon the sent 9 tenures as their r ctive interests may appear, to wit: 10 PARCEL 1, All. that certain right of may for a water pipe line, as described in Deed frcei The Irvine Company and La 11 Habra Valley Land and Water Company, recorded November 191 1910, in Book 194, page 177, of Deeds, records of.Orange. 12 County, California. 13 PARCEL II: All that certain right of gray for a water pipe ,.as described in Deed from the Townsend ;Land.Cos�pany 14 to M ort Beach Water Company, recorded November 19, 1910, in Book 194, page 179, of Deeds, records of Orange.County,. 15 California. 16 PARCEL III: All.of "the certain easement for sanitary sever pipe line and water pipe line purposes as described is Deed 17 of Eaaamant from Townsend Land Company to the City of_.Nea- port Beach, a Municipal Corporation, recorded April 6:, 18 1938, in look 934,.paga 194, of official Records of.Orange 19 County, California. 20 Said rights of nay designuitad Parcel I and Parcel II are 21 shown on drawing of R. L. Patterson, Civil Engineer, dated Oct. 19, . 22 1962, entitled ;dater Pipe Line Easement 1a Lot 'D', Banning Tract, 23 Orange County, Calif..to.be quit clainsd to Beeco, Ltd. and A. Z. S. 24 Chaffey, et al. ",.a copy of which is for the sake of convenient 25 identfication.merked Exhibit "A" and attached hereto and made a 26 part hereof by this reference. Said easement designated Parcel III '27 is shows on dravi4 of R. L..Patterson, Civil Engineer, dated Oct. 28 l9, 1962, entitled "Easement for Sever and.Water Mains to be quit- 29 claime.d.to Beeco Ltd. ", a copy of which is for the sake of conveni- 30 ant identification marked Exhibit "B" and attached hereto and made 31 a part hereof by this reference. 32 DATED: Z , 1963. CITY OF /NEWPORT BEACH L A ELIST: 'n' By iiGG4Q!�f /� �.J7 Qi. Lc�`! GLtr �L Y l ti; "ttic� Fes_ mayor, - -� amity fee' 1. 1I 2 3 4 5 6 7 8I 9 IO it 12II 1 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 29 30 31 32 STAYS OF CALIFORNIA) COUNTY OF ORANGE ) on the O day of of 1963',.bofore me,.a Notary Public in and . i`or:.said County Stat , perseally appeared CHARLES B. MkT and MARGERY SCHROUDPA, known to me to be the Mayor and the City Clerk, respectively, 4-the CITY OF NEWPORT BEACH, the mun -Ici- pal corporation that.exAcuted the within.instrument*i and ecknowledgei to me ihst said municipal corporation executed the same pursuant to a resolution of its City Council WITNESS my hand and official seal. 1r Notary lic in sad for said County and Stata 2. 0 �0 �RZaO L FITZST AL»IT1O1J TO 1JP W P�«T 4- /1ESA. �T2L�GT o PARCEL a �SEMEJJ'T FG2 WATER , HIPS= Llh>^�. />•.� C- +F?1�1.'�TE.� TO NEwFbR[' �.. WATFSi 40. E3'Y C6E0 F2E{.. hYl ✓. 1°J. I°/lo IIJ BK.1°J�i. Fr' 1"79 LP CEEC�S. LaJv1P CGt 7./E�1E.17 To. G11Y OF tl� BE?p-Gt-k 8`f rd3G, 1°)1 l°JIO IN PAdG 1mj4. RA tat CP S. WATER PSFE l_i1Jt =. Fs'� =MEJ�7'T IN 1.25T' "C7•, SOh >tJlt�C� TR.�C,T G1�AJJC�E CiX�TY, C- J�L.1F. 7-C) BE OL >1T C.I�JMFC,> '1"O E9EEC.o, LTD „c1! l. CJ�II- E1�C�11.'�Fr�il W y U � o� .Qo JQ t� 1 �II 1 0 Sou-n- a�s-r'ss�Y use e� I.cr'v” _ � A STATE: TWA P � u�o Ito y� - N t- o P wwy 4ggN QI 0 W I4 h Y / F a 6 . HF e34 J� o� u N � N r 0� >N u -( N qKq ASP oa P. P U. ENWI.�K '-Ares A MYa RIVE2 Ah >p ORI NPF2Y HIGI -1 TIDE LINE S��PERIC2 CJa.�4f CE-6`f K/ 71-2 EX�41B1T "A"" II W � 6 W - �y Y � � � r• -� �-zr sty I N y � GI ,q - -n �ewE.2 EASEME1.iT Q at r •� � N� _ O Q1 L LL V-J9 54'7CQ)-7 ew_ k �2 PARCEL M CD5 Bk: 934 PG. 199 O.R. Ifou �. 4v ri qo �Q �F' z• � }�� II _ s� �SEMEt�YI" FOSS SEWE2. Al`^p WLi1T�T�? 1�1i1�S QU,T• C1 LMeF=> G�V l L. E1JC' 11J�Q _ CD '9S.T A ti EXWIBIT "B" G Z.nec 25/63 (6) 1 �T6LAZM`,I1FER 2 The CITY Of NEWFORT'SEACH, a municipal corporation, for a 3 valuable consideration, the receipt of Which is hereby acknowledged, 4 does hereby release, rsa S& And forever quitclaim all its present 5 right, title and interest in the sights of way and casements here - 6 inafter described to the"' i di •raacord of the real property in 7 the County of Orange, State California, within which said 8 rights of way and easwuats exist, in severalty aad.upon the came 9 tenures as their respective interests may appear, to wit: 10 P L All that certain right of way for a water pipe , as described in Dead from The Irvine Company and Le 11 Habra Valley Land and dater Company, recorded November 19, 1910, in Book 194, page 177, of Deeds, records of Orange 12 County, California. 13 t6hj& U; All that certain right of way for a water pipe IlUej AS described in Deed from the Townsend Land Company 14 to Newport. Beach Water Company, recorded November 19, 1910, in Book 1949 page 179, of Deeds, records of Orange County, 15 California. 16 PARCEL All of the certain easement for sanitary sewer 17 pipe a and water pipe line purposes as described in Deed of Basement from Townsend Land Company to the City of Now - port Beach, a Municipal Corporation, recorded April 6, 18 1938, in nook 934, page 1996 of Official Records of Orange County, California. 19 20 Said rights of way designated Parcel I and Parcel II are 21 shown on drawing of R. L„ Patterson, Civil Engineer, dated Oct. 19, 22l 1%2, entitled 110ater Pipe Line Easement in Lot 'D', Banning Tract, 23 Orange County, Calif. to be quit claimed to Beecos Ltd. and A. E. S. 24 Chaffey, at al. ", a copy of which is for the sake of convenient 25 identification marked Exhibit "A" and attached hereto and made a 26 part hereof by this reference. Said easement designated Parcel III 27 I is shown on drawing of R. L. Patterson, Civil Engineer, dated Oct. 28 191, 1962, entitled "Easement for Sewer and Water Mains to be quit- . 29 Claimed to Basco Ltd. ", a copy of which is for the sake of conveni- 301 ent identification marked Exhibit "B" and attached hereto and made 311, a part hereof by this reference. 32 AATEa: 1963. CITY OF #EWPM T BEACH ATTESg: By ��""_ - t� mayor ar � 1. 1 STATE of CALIFORNIA > 2 a ORANGE, 3 on the ^day 1963, before me, a Notary 4 Public in and.,lor said County s�d State, personally appeared CBARt3S 5 S. HART and MABGERY- Seta .,',.Wove to me to be the Mayor. and the 6 City Clark, respectively, ®f the CITE! OF NEk'i'ORT h3 UM, the muni.ci- 7 pal ¢gssporation that executed the within instrument, and ackaouledgei 8 to me that . said saaticipal 'corporation executxd the same puwrsuant to 9 a resolution of i is: city Gouneil. 10U iiI'hMS my h=4 -,aad!official seal. 13 Notary lic in and for said County and State 14 My Gommissicm F-Pres 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2. LEGAL NOTICE NOTICE OF SALE NOTICE IS HEREBY GIVEN that the City of Newport Beach offers for sale on June 10, 1963, in accordance with Resolution No. 5753, adopted by the City Council of the City of Newport Beach on March 11, 1963, the following described property: PARCEL H A portion of Lot. 10, Subdivi- sion of Block 227, Section "A ", Newport Beach, as shown :gin a map thereof, recorded in Book 4, page 36, of Mis- cellaneous Maps, records of Orange County, California, more particularly described as follows: Beginning at the most north- erly corner of said Lot 13; thence south 270 57' 27' east. along the northeasterly line Of said Let 10, a distance of 22.98 feet to the beginnim�� of a curve, concave westerly, having aradiusof502.00 feet, the point of intersection of the semi - tangents of said curve .being the intersection of the northeasterly line ai said Lot 10 with the easterly line of said lot; thence south- easterly along said curve, through an., angle of 100 58' 31 ", a. distance of 96. 16 feet to a point 28.24 feet, meas- sured at right angles, from the southwesterly prolonga- tion of the center line of 28th Street (formerly 26th Sueet), calculated 48.48 feet in width, as shown on a map of Section "A ", Newport Beach, record- ed in Book 4, page 21, of Miscellaneous Maps, records of said Orange County, a ra- dial line to said 502. 00 foot curve, front said point, bears south 730 01' 04" west; said point being also on a curve, concave northerly, having a radius of 420.00 feet; a radial lute to said curve, from said point, bears North 130 48' 00" west; thence southwesterly a- long said 420.00 foot radius curve through an angle of 170 44' 35 ", a distance. of 1.3 0. feet to the southwesterly line of said lo[ 10; [hence north 190 42' 30" west along said southwesterly line of Lo[ 10, a distance of 68.59 feet to the westerly corner of said Lot 10; thence north 620 02' 33" east along the northwest- erly lane of said lo[ 118.56 feet to the point of beginning. Comainiug12,014square fee[, more or less. _ �=y_ i LEGALNOTICE "Parcel H" is located at 2.307 Newport Blvd, (northtrl i,' 28th Street on Newport Blvd, ), Newport. Beach; Zone C-1. PARCEL I A portion of Lots 8, 9, and 10, Suba ion of Block 227, Section "A ", Newport Beach, as shown on a map thereof, recorded. in Book 4, page 36, of Miscellaneous Maps, re- cards of Orange County, Ca- lifornia, inore particularly described as follows: Beginning at the most south- erly corner of said Lot 8; thence north 700 17' 30" east along the southeasterly line of said Lot 8, a distance of 91.12 feet to the southeasterly cor- ner of said Lot 8; thence north i° 26' 25" east, along the nasterty line of said lot 8. a distance of 11, 55 feet to the beg:nriing of a curve, con- cave westerly and having a radius of 502.00 feet; the poio, of intersection of tae semi- tangents of said curve ', ell g; the intersection of ttie northeasterly lire of said Lot j 10, with the easterly .line e] said Lo[; thence northerly a- long said curve, through an angle of tance of 72.54 feet to a point 51.76 feet, measured at right angles, from the southwester - ly prolongation of the center line of 28th Street (formerly 26th Street), calculated 48.45 feet in width, as shown on a map of Section "A ", New.. port Beach, recorded in Book 4, page 2.1, of Miscellaneous Maps, records of said Orange County; a radial line to said 502.00 foot curve, from said poinr, bears South 82° 09' 40" west; said point being also on a curve, concave northerly and having a radius of 500.00 feet; a radial line to said curve, from said point, bears north 13° 34' 40" west; thence westerly along said 500.00 foot radius curve through an angle of 110 12' 32 ", a di,- lance of 97.82 feet to the be- ginning of a curve, concave southeasterly and having a ra- dius of 15.00 Fee[: [hence westerly and southeasterly a- long said curve through an angle of 107 2c' 22" a di,- tanci-, of 28. 10 feet to a line tangent; said line tangent be- ing the southeasterly line of Lot 10; thence south 190 42' 30 "east along the said south- easterly line of Lots 10, 9 and 8, a distance of 86. 05 feet to the point of beginning. Containing 9,539 square feet, more or less. "Parcel I" is located at 2625 Newport Blvd, (southerly of 28th Street on Newport Blvd. ), Newport Beach; Zone C -1. Notice is further given that sealed bids must be submitted to the City Clerk by 7:30 P, .%i, on June 10, 1963, and will ire. publicly opened at a City Coutl- cilmeetingin the City Council Chambers at 7:30 P.M. , on June 10, 1963; additional in- formation may by obtained from the City Clerk's office, including information regard- ing deposits to be submitted with bids and information as to procedure for submitting oral bids at the time of the sale. Copies of this notice and Reso- lution No. 5753 are available in the City Clerk's office and will be mailed by the City Clerk upon request. MARGERY SCHROUDER City Clerk City of Newport Beach Date: March 18, 1963 Publish March ;,i, April 11, May 16, and June 6, 1963, iu the Newport Harbor Ensign a 0 NOTICE 0 1!1 1963 •,;_r' �_r..- .fir .nl ^7 ^^^5 / "; gin, l r; y r .unri_ r?1 1 9, 3 4:r11-)w n<- (Ipscr'.bert - )r7n- -r PARCEL H A portion of Lot. 10, Subdivision of Block 227, Section "A ", Newport Beach, as shown on a map thereof, recorded in Book 4, page 36, of Miscellaneous Maps, records of Orange County, California, more particularly described as follows Beginnin§ at the most northerly corner of said Lot 10; thence south 27 57' 27" east along the northeasterly line of said Lot 10, a distance of 22.98 feet to the beginning of a curve, concave westerly, having a radius of 502.00 feet; the point of intersection of the semi- tangents of said curve being the intersection of the northeasterly line of said Lot 10 with the easterly line of said lot; thence southeasterly along said curve, through an angle of 10' 58` 31 ", a distance of 96.16 feet to a point 28-24 feet, measured at right angles, from the southwesterly prolongation of the center line of 28th Street (formerly 26th Street), calculated 48.48 feet in width, as shown on a map of Section "A ", Newport Beach, recorded in Book 4, page 21, of Miscellaneous Maps, records of said Orange County, a radial line to said 502.00 foot curve, from said.point, bears south 73� 015 04" west; said point being also on a curve, concave northerly, having a radius of 420.00 feet; a radial line to said curve, from said point, bears North 130 48' 00" west; thence southwest- erly along said 420,00 foot radius curve through an angle of 17° 44' 35 ", a distance of 130.06 feet to the southwesterly line of said lot 10; thence north 19° 42' 30" west along said southwesterly line of Lot 10, a distance of 68,59 feet to the westerly corner of said Lot 10; thence north 62` 02' 33" east along the northwesterly line of said lot 118.56 feet to the point of beginning, Containing 12,014 square feet, more or less. r •.br'�?'�5 {'� art ? ,iWs�< mw .msi ti e "n ')nr7 �. ?.r,< r< -- '2...,il n. -,a 1'rl �. - l�•`';l r?'"� _ nj' 2P,�!) ct1 e.,t nn Ne.,mort x. PARCEL I A portion of Lots 8, 9, and 10, Subdivision of Block 227, Section "A ", Newport Beach, as .shown on a map thereof, recorded in Book 4, page 36, of Miscellaneous Maps, records of Orange County, California, more particularly described as follows, Beginning at the most. southerly corner of said hot 8; thence north 70` 17' 30" east along the southeasterly line of said Lot 8, a distance of 91.12 feet to the southeasterly corner of said Lot 8; thence north 0° :26' 25" east, along the easterly line of said lot 8, a distance of 11.55 feet to the beginning of a curve, concave westerly and having a radius of 502.00 feet; the point of intersection of the semi- tangents of said curve being the intersection of the northeasterly line of said Lot 10, with the easterly line of said Lot; thence northerly along said curve, through an angle of 8' 16' 45 ", a distance of 72,54 feet to a point. 51.76 feet, measured at. right angles, from the southwesterly prolongation of the center line of 28th Street (formerly 26th Street), calculated 48..48 feet in width, as shown on a asap of Section "A ", Newport Beach, recorded in Book 4, page 21, of Miscellaneous Maps, records of said Orange County; a radial line to said 502.00 foot curve, from said point, bears South 82' 09' 4011 west; said point. being also on a curve, concave northerly and having a radius of 500.00 feet ° a radial line to said curve, from said point, bears north 13& 34' 40" west; thence westerly along said .500.00 foot radius curve through an angle of 11` 12' 32 ", a distance of 97,82 feet to the beginning of a curve, concave southeasterly and having a radius of 15.00 feet; thence westerly and south- easterly along :said curve through an angle of 107'' 20' 22 ", a distance of 28;10 feet to a line tangent; said line tangent being the southeasterly line of Lot 10; thence south 19` 429 30" east along the said southeasterly line of Lots 10, 9 and 8, a distance of 86,05 feet to the point cf beginning. Containing 9,539 square feet, more or less. '-i'Is r11 t.c ne p'..f?II1 i. ri-nA .__,i C .Gy r Y• rl.n °i: T,.7 _ i _ ], 1RCT , ( n a a-1 a a C 't9 ('r in 7tnl -A -1], ',.n rhe .l1't. 1e .Q; 1 �G3. d i:i- r1 . �! "' !',Tprt -IS Off '.G2 ;ncl ,d"'.. ° "1a^.' `.r (fi r? T r.- % <11 ?r..!1 T1 �C: ,.'^. 3`'.r?l t ^. n -n C:n �]r1 n --•Y c ,.1.i `�'nV nra�- 'q'.�C cq'IA rn'��..c n!� �!' `lf - -'. C. "I(- r ?Sr1111'� ".n"i P7.r. c�Si -1,*,;, .1 -rv'a '- 1a11 n` rt -,; nlnrl� S nf'f'F. C. pn.9 'i r.1�n (" t. C 1 n+ -1. ;. des• nq..PC 't r` TT ^"lrr �a -rt a ^3� .o. D, -}.1 t S'' T1�rr; i1 21, ) ,17Yi 1 1, ] , I i i.,.. f"l THS:mec 11/30/62 RESOLUTION NO. .5_Z�:E6 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING CERTAIN REAL PROPERTY TO BE SURPLUS, AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City has title to the real property herein- after described; and WHEREAS, it appears that there is no present or prospec- tive need for said property and it would, therefore, be in the best interests of the City to sell the same under the following terms, procedure and conditions; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds, determines, resolves and orderso Section 1. Surplus Property - Description, The City Council hereby finds and determines that the hereinafter described parcels of City -owned real property are surplus property and there is no present or prospective need for it. PARCEL A A portion of Lot 11, Block 53, River Section, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4,page 25 of Miscellaneous Maps, in the office of the county recorder of said county, described, as follows: Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwesterly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line to a point of intersection with the southeasterly line of said Lot 11, said point of intersection''being northeasterly of and distant 95 feet from the south- easterly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom the southwesterly 15 feet of the above described property. PARCEL B All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a.Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Said Parcel A is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing No. R/W 5017 -L, attached hereto and marked Exhibit "A ". Persons interested in purchasing Parcel A should note that neither the sewer line nor the water line extends to this parcel. The approximate location of the sewer and water lines is shown on Exhibit "A ". Said Parcel B is shown on the map dated 3- 31 -61, revised 11 -62, designated drawing Noe R/W 5018 -L, attached hereto and marked Exhibit "B'" On each of said parcels there will be reserved to the City of Newport Beach all mineral rights including oil, gas and other hydrocarbons but not the right of surface entrya Section 2. Sealed Bids - Deposit. Said property is hereby offered for sale and bids therefor are invited under the procedure of sealed bidding and public .auction as hereinafter set out. The City Council will consider bids in any amount for the sale of said property However, it is the opinion of the City Council that the approximate values of the parcels are as follows. Parcel A, $13,500; and Parcel B, $27,500. Each bid must be sealed ��2u a and submitted to the City Clerk by 7030 Po M. on 1963. Each bid must be unconditional and must adequately identify the land described herein for which it is submitted by parcel or other- wise and be accompanied by a deposit of cash or a certified or cashlerBs check payable to the City equal to ten per cent (10°x) of the amount bid to guarantee that if the City accepts the sealed bid or an oral bid made at the auction by the bidder said bidder will complete the purchase and within thirty (30) days pay the amount of his bid that was accepted by the City. If qualified sealed bids of equal amount are submitted, the one received first by the City Clerk shall, be considered the highest of such bids for all purposes. The deposit or check of the successful bidder shall be applied to the purchase price. All others shall be returned to the bidders. Failure of the successful bidder to complete the pur- chase and pay as above required shall result in forfeiture of the deposit to the City. Names of bidders shall not be disclosed until the bids are opened. 2. 0 0 Section 3. Opening Bids - Public Auction. The sealed bids shall be opened and publicly announced at a City Council meeting in the City Council Chamber at 7 ;30 P. M. on 1963. The Mayor shall conduct the auction and shall announce the amount of the highest sealed bid and the name of the bidder and shall then call for oral bids. Each person who has submitted a qualified sealed bid in an amount of not less than 75% of the ap- proximate value hereinabove assigned accompanied by a cash deposit or check as required may make oral bids on the land for which he has submitted a sealed bid. Before making an oral bid, any person who has not submitted a qualified sealed bid must submit a cash deposit or certified or cashier's check equal to fifteen per cent (15 %) of the highest sealed bid on the parcel on which such person wishes to bid. To be considered, the first oral bid must exceed the highest sealed bid by ten per cent (10%) of the amount of such high sealed bid. In conducting the sale, the City Council may waive informalities in bids and may by motion modify the terms of this resolution as deemed necessary to obtain the highest price for the property. Upon written application the City Council may permit a deposit submitted on one parcel to apply to another parcel for the purpose of qualifying oral bidders after the parcel for which such deposit was made is declared sold. Upon receiving the highest bid obtainable from a quali- fied bidder, the Mayor shall declare the property sold to the bidder making the bid subject to approval of the City Council; provided, however, that the City Council may continue the sale until the next regular meeting of the City Council. Section 4. Withdrawal from Sale. The City Council reserves the right to reject any and all bids or to withdraw the property or any portion thereof or any interest therein from sale at any time. Section 5. Deed - Title Insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the amount of 3. the bid, the City will execute a grant deed to and furnish at its expense a standard owners policy of title insurance in the amount of the successful bid showing title vested in the party or parties designated by the successful bidder subject to taxes, assessments and similar burdens and to covenants, conditions, restrictions, reservations, rights, roadways, rights of way and easements, if any. The buyer shall pay for all recording costs and the cost of Internal Revenue stamps. Section 6. 'Inability to Convey. If the property cannot legally be sold by the City or the City is unable to convey mar- ketable title within a reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and any price paid or deposit made shall be refunded and no liability of the City shall exist or arise from such cancellation. Section 7. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale or other - wise with respect to location, size, zone or utility of any prop- erty or interest therein which is sold or offered for sale. Section 8. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or location, description, zone and approximate size of the parcel or parcels of property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional informa- tion may be obtained from �the �City Clerk's office. The notice shall be published _ •'--��'� ") Weeks and copies of the notice and resolution shall be available in the City Clerk's office and mailed by the City Clerk upon request. Section 9. Commission. Payment of a maximum total com- mission of five per cent (5%) of the sales price shall be paid to the real estate broker or brokers entitled thereto, if any, under the following conditions- (a) The property must be actually sold and the sales price paid to the City. 4. ATTEST: (b) Only licensed real estate brokers shall be eligible to be paid any commission. (c) A sealed bid upon which a commission is to be claimed shall so state and shall name the broker who has obtained the bid on behalf of the City and has thereby established eligibility for the commission or a share of it. (d) A person making a deposit of fifteen per cent (15%) by cash or check as permitted in Section 3 hereof may at the time of submitting such deposit name the broker who has obtained the bidder and has thereby established eligibility for the commission or a share of it, (e) The real estate broker, if any, named in the highest qualified sealed bid shall receive two and one- half per cent (2 1/2%) of the amount of such bid as com- mission. (f) The real estate broker, if any, named in the sealed bid of the bidder to whom the property is sold, or the real estate broker, if any, named with the deposit of fifteen per cent (15 %) submitted by the bidder to whom the property is sold, shall receive that portion of the total commission not paid under (e) above. ADOPTED this 10th day of December, 1962. City Clerk 5. Mayor 0 s MO 11 3J(,Z TRACT • 0 Q VE- 23686 SUPERIOR COURT CASE %II VE'Q .....(SOUtH LINE) 30,¢9' -1 �Jr'' �A-417, r wl N h 2 Q V 3 /2 I`O 30.00' 1 30.00' I B "YC.P. 5EwER a n QlW w ' E ExHeel r 4 R6 ✓USED Dv"s N •• FORMERLY Z%�'✓6 G' 30%¢ c/T Y OF AIMPOQT BEACH OA74WN .AU DATE 3-31-61 PUBLIC WOWS AOEP.4RrAfENT 4PPR0l�ED __ J'OUTHepLY PORT /ON otar LDr // Qs BLOC!! 53, RlilFe .SECTION owa. No: ftlW 5017-L M h v DGOC 563 M? 41 k � w 0 N n 9 /O 50.00' 30.00' 30.00' 30.00' 30.00' NEPTUNE AVE. wl N h 2 Q V 3 /2 I`O 30.00' 1 30.00' I B "YC.P. 5EwER a n QlW w ' E ExHeel r 4 R6 ✓USED Dv"s N •• FORMERLY Z%�'✓6 G' 30%¢ c/T Y OF AIMPOQT BEACH OA74WN .AU DATE 3-31-61 PUBLIC WOWS AOEP.4RrAfENT 4PPR0l�ED __ J'OUTHepLY PORT /ON otar LDr // Qs BLOC!! 53, RlilFe .SECTION owa. No: ftlW 5017-L 30' VJ 20' w f /A/LE P 5 —/4Vt. 30' vJ 7"HE ,4/ vo 4L TO EXHJB ✓r "B 'v C/ T Y OF AAMPOQT BEACH RUBL/C woRws OEP,4RrAfENT L OT 4 , BL OClI 434 CLONAL SECT /ON 7? visEa //- 62 E{/ S Fo xME�PL Y nws [ -.3081 owe.. ma R, /W 5018 -L 28.57' 28.57' 28.57' 28.58 • CA AL &Z OCII 434 7 5° $3 Lk G g 4 Z / h $ a 54ECTIOAI 30' 28.57' 28.57' 28.57' 28.88' 30' 7"HE ,4/ vo 4L TO EXHJB ✓r "B 'v C/ T Y OF AAMPOQT BEACH RUBL/C woRws OEP,4RrAfENT L OT 4 , BL OClI 434 CLONAL SECT /ON 7? visEa //- 62 E{/ S Fo xME�PL Y nws [ -.3081 owe.. ma R, /W 5018 -L April 12, 1961 Location of City-owned property do* murplus by the City Council on AprO 10, 1961. (Auction May 22, 1961.) 0A I-E �11_0 , Lot 4, Block -434 - Canal Section 3407 Finley Lot 11, Block 53, River Section Parcel A - 5205 River Avenue 0 Q Parcel B - 5202 Neptune Avenue Lot 14, Block 48, River Section Parcel C - 4809 River Avenue Parcel D - 4802 Neptune Avenue (Obtained from Mr. Webb.) em OVO-11 _11N�- 1 .. WWC :Mac 4/18/61 RESOLUTION NO. 5398 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .WPORT BEACH DECLARING CERTAIN REAL PROPERTY TO SURPLUS., AUTHORIZING ITS SALE AND SETTING OUT THE PROCEDURE FOR ITS SALE WHEREAS, the City has title to the real property herein- after described; and WHEREAS, it appears that there is no present or prospec- tive need for said property and it would, therefore, be in the best interests of the City to sell the same under the following terms, procedure and conditions; NOW, THEREFORE9 BE IT RESOLVED that the City Council hereby finds, determines, resolves and orders: Section 1. Surplus Property m Description. The City Council hereby finds and determines that the hereinafter described parcels of City -owned real property are surplus property and there is no present or prospective need for it. PARCEL A Lot 11, Block 53, River Section, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county recorder of said county and that portion of Section 29, Township 6 South, Range 10 West of the San Bernardino meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, described as follows. Beginning at the northeasterly corner of Lot 11; thence westerly along the northeasterly line of said Lot 11 to the northwesterly corner thereof; thence northeasterly along the northeasterly prolongation of the northwest- erly line of said Lot 11 to its intersection with the line of ordinary high tide of the Pacific Ocean in New- port Bay designated as "SOUTH LINE" in final decree entered August 22, 1928 in Superior Court Action 23686, a certified copy being recorded September 16, 1928 in book 201 page 253, Official Records; thence southeast- erly along said "SOUTH LINE" to its intersection with the northeasterly prolongation of the southeasterly line of said Lot 11; thence southwesterly along said north- easterly prolongation to the point of beginning. EXCEPTING therefrom the property described as follows: Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwesterly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91.95.feet; thence easterly on a direct line.to a point of intersection with the southeasterly line of said Lot 11, said point of intersection being 0 northeasterly of and distant 95 feet from the southeast- erly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. PARCEL B A portion of Lot 11, Block 53, River Section, in the city of Newport Beach, county of Orange, state of California, as per map recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county recorder of said county, described as follows. Beginning at the southeasterly corner of said Lot 11; thence westerly along the southwesterly line of said lot to the southwesterly corner of said lot; thence northeasterly along the northwesterly line of said lot a distance of 91.95 feet; thence easterly on a direct line to a point of intersection with the southeasterly line of said Lot ll,.said point of intersection being northeasterly of and distant 95 feet from the south- easterly corner of said Lot 11; thence southwesterly along said southeasterly line a distance of 95 feet to the point of beginning. EXCEPTING therefrom the southwesterly 15 feet of the above described property. PARCEL C Lot 14 in Block 48 in River Section, city of Newport Beach, county of Orange, state of California, as per map thereof recorded in book 4 page 25 of Miscellaneous Maps, in the office of the county recorder of said county, and that certain parcel of land situated in Section 29, Township 6 South, Range 10 West, San Bernardino meridian, according to an official plat of said land filed in the District Land Office, August 4, 1890, in the city of Newport Beach, county of Orange, state of California, described as follows. Beginning at the northeast corner of said Lot 14 in Block 48 of said River Section; thence northwesterly along the northeasterly line of said Block 48, to the northwest corner of said Lot 14; thence northeasterly along the northeasterly prolongation of the northwest- erly line of said Lot 14 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay as designated as "SOUTH LINE ", in final decree entered August 22, 1928 in Superior Court Action 23686, a certified copy thereof being recorded September 16, 1928 in book 201 page 253, Official Records; thence southeasterly along said south line to its intersection with the northeasterly prolonga- tion of the southeasterly line of said Lot 14; thence southwesterly along said northeasterly prolongation to the point of beginning. EXCEPTING therefrom the southwesterly 127 feet measured from the southwesterly line of said Lot 14. RESERVING an easement for alley purposes, across the north- easterly 7.5 feet of the southwesterly 134.5 feet measured from the southwesterly line of said Lot 14. 2. j. . • • PARCEL D The northeasterly 112 feet of the southwesterly 127 feet of the land comprised of the following described property. Lot 14 in Block 48 in River Section, city of Newport Beach, county of Orange, state of California, as per map thereof recorded in book 4 page 25 of Miscellaneous Maps in the office of the county recorder of said county, and that certain parcel of land situated in Section 29, Township 6 South, Range 10 West, San Bernardino meridians according to an official plat of said land filed in the District Land Office, August 4, 1890, in the city of Newport Beach, county of Orange, state of California, described as follows: Beginning at the northeast corner of said Lot 14 in Block 48 of said River Section; thence northwesterly along the northeasterly line of said Block 48, to the northwest corner of said Lot 14; thence northeasterly along the northeasterly prolongation of the northwest- erly line of said Lot 14 to its intersection with the line of ordinary high tide of the Pacific Ocean in Newport Bay as designated as "SOUTH LINE ", in final decree entered August 22, 1928 in Superior Court Action 23686, a certified copy thereof being recorded September 16, 1928 in book 201 page 253, Official Records; thence southeasterly along said south line to its intersection with the northeasterly prolongation of the southeasterly line of said Lot 14; thence southwesterly along said northeasterly prolongation to the point of beginning. RESERVING an easement for alley purposes across the northeast- erly 7.5 feet of the said southwesterly 127 feet. PARCEL E All that certain land situated in the State of California, County of Orange, City of Newport Beach, described as follows: Lot 4 in Block 434 of Canal Section, Newport Beach, as shown on a Map recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Said Parcels A and B are shown on the map dated March 31, 1961, designated drawing No. Lm3074, attached hereto and marked Exhibit "A ". Persons interested in purchasing Parcel B should note that neither the sewer line nor the water line extends to this parcel. Their approximate location is shown on Exhibit "A ". Said Parcels C and D are shown on the map dated March 31, 1961, designated drawing No. Lm3075, attached hereto and marked Exhibit "B ". Said Parcel E is shown on the map dated March 31, 1961, designated drawing No. Lm3081, attached hereto and marked Exhibit "C ". 3. 0 0 On each of said parcels there will be reserved to the City of Newport Beach all mineral rights including oil, gas and other hydrocarbons but not the right of surface entry. Section 2. Sealed Bids m Deposit. Said property is hereby offered for sale and bids therefor are invited under the procedure of sealed bidding and public auction as hereinafter set out. The City Council will consider bids in any amount for the sale of said property. However, it is the opinion of the City Council that the approximate values of the parcels are as follows. Parcel A, $12,375; Parcel B, $12,375; Parcel C, $13,875; Parcel D, $13,875; and Parcel E, $27,500. Each bid must be sealed and submitted to the City Clerk by 7.30 P. M. on May 22, 1961. Each bid must be unconditional and must adequately identify the land de- scribed herein for which it is submitted by parcel or otherwise and be accompanied by a deposit of cash or a certified or cashier's check payable to the City equal to ten per cent (10 %) of the amount bid to guarantee that if the City accepts the sealed bid or an oral bid made at the auction by the bidder said bidder will complete the purchase and within thirty (30) days pay the amount of his bid that was accepted by the City. If qualified sealed bids of equal amount are submitted, the one received first by the City Clerk shall be considered the highest of such bids for all purposes. The deposit or check of the successful bidder shall be applied to the purchase price. All others shall be returned to the bidders. Failure of the successful bidder to complete the purchase and pay as above required shall result in forfeiture of the deposit to the City. Names of bidders shall not be disclosed until the bids are opened. Section 3. 02ening Bids m Public Auction. The sealed bids shall be opened and publicly announced at a City Council meeting in the City Council Chamber at 7030 P. M. on May 22, 1961. The Mayor shall conduct the auction and shall announce the amount of the highest sealed bid and the name of the bidder and shall then 4. 9 call for oral bids. Each person who has submitted a qualified sealed bid in an amount of not less than 75% of the approximate value herein - above assigned accompanied by a cash deposit or check as required may make oral bids on the land for which he has submitted a sealed bid. Before making an oral bid, any person who has not submitted a quali- fied sealed bid must submit a cash deposit or certified or cashieres check equal to fifteen per cent (15 %) of the highest sealed bid on the parcel on which such person wishes to bid. To be considered, the first oral bid must exceed the highest sealed bid by ten per cent (10 %) of the amount of such high sealed bid. In conducting the sale, the City Council may waive informalities in bids and may by motion modify the terms of this resolution as deemed necessary to obtain the highest price for the property. Upon written appli- cation the City Council may permit a deposit submitted on one parcel to apply to another parcel for the purpose of qualifying oral bidders after the parcel for which such deposit was made is declared sold. Upon receiving the highest bid obtainable from a quali- fied bidder, the Mayor shall declare the property sold to the bidder making the bid subject to approval of,the City Council; provided, however, that the City Council may continue the sale until the next regular meeting of the City Council. Section 4. Withdrawal from Sale. The City Council reserves the right to reject any and all bids or to withdraw the property or any portion thereof or any interest therein from sale at any time. the bid, the City will execute a grant deed to and furnish at its expense a standard owners policy of title insurance in the amount of the successful bid showing title vested in the party or parties designated by the successful bidder subject to taxes, assessments and similar burdens and to covenants, conditions, restrictions, 5. Section 5. Deed - Title Insurance - Internal Revenue Stamps. Upon completion of the sale and payment of the amount of the bid, the City will execute a grant deed to and furnish at its expense a standard owners policy of title insurance in the amount of the successful bid showing title vested in the party or parties designated by the successful bidder subject to taxes, assessments and similar burdens and to covenants, conditions, restrictions, 5. 'a reservations, rights, roadways, rights of way and easements, if any. The buyer shall pay for all recording costs and the cost of Internal Revenue stamps. Section 6. Inability to Convey. If the property cannot legally be sold by the City or the City is unable to convey mar - ketable title within a reasonable time after the date of sale, the sale shall be void and deemed mutually cancelled, and any price paid or deposit made shall be refunded and no liability of the City shall exist or arise from such cancellation. Section 7. No Warranty. No warranty is made or intended by any statement in this resolution or the notice of sale or other- wise with respect to location, size, zone or utility of any prop- erty or interest therein which is sold or offered for sale. Section 8. Notice of Sale - Publication. The City Clerk shall prepare a notice of sale setting out the address or location, description, zone and approximate size of the parcel or parcels of property being offered for sale, the date, place and time the bids will be received and opened and the fact that additional informa- tion may be obtained from.the City Clerk's office. The notice shall be published once a week for three (3) successive weeks and copies of the notice and resolution shall be available in the City Clerk's office and mailed by the City'Clerk upon request. Section 9. Commission. Payment of a maximum total com- mission of five per cent (5%) of the sales price shall be paid to the real estate broker br brokers entitled thereto, if any, under the following conditions- (a) The property must be actually sold and the sales price paid to the City. (b) Only licensed real estate brokers shall be eligible to be paid any commission. (c) A sealed bid upon which a commission is to be claimed shall so state and shall name the broker who has 6. r� • obtained the bid on behalf of the City and has thereby established eligibility for the commission or a share of it. (d) A person making a deposit of fifteen per cent (15 %) by cash or check as permitted in Section 3 hereof may at the time of submitting such deposit name the broker who has obtained the bidder and has thereby established eligibility for the commission or a share of it. (e) The real estate broker, if any, named in the highest qualified sealed bid shall receive two and one- half per cent (2k %) of the amount of such bid as com- mission. (f) The real estate broker, if any, named in the sealed ,bid of the bidder to whom the property is sold, or the real estate broker, if any, named with the deposit of fifteen per cent (15 %) submitted by the bidder to whom the property is sold, shall receive that portion of the total commission not paid under (e) above. ADOPTED this 10th day of April, 1961. ATTEST. /s/ Margery Schrouder City Clerk /s/ James B. Stoddard Mayor 7. January ZZ, 1963 southern Counties Gas;Gompany Z34 Broadway Laguna Beach, California Attention: Mr. Jim Decker Gentlemen: Attached is a Grant of Easement duly executed by the Mayor and City Clerk and J. A. Beek. The execution of the Grant of Easement was authorised by the City Council of the City of Newport Beach by the adoption of Resolution No. 5703 on January 14, 1963. A certified copy of said Resolution is also attached. Very truly yours, Margery Schrouder City Clark City of Newport Beach MS:mv Ence. F7 2 3 4 5 6 7 8 9 1C 11 if 1� 14 11 1E 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 c> • the tw* of NU$ +*O+tewmti "Pine' an am I 29"1 and 1 2 4 5 6 7 8 9 10 11 12 13 15' 16' 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 11 L r 'A .Atop of load 40 ., in Adth Was damb aide 9f a uns c fril4d al At a 10 U, $. milm betwom Do - a: tuft AM& M "d Lai• as foot on OlLwas Iliac milk mme 41 U. So -1tiUii L371 tbeact eft a Owm I I m to Uw t sad X111 Va s Sale of I t�23 o &LIO fit; ter Wwth 13 03 °43" soot 370" feat iakift 3atssf� ttfis With AM doom liao as f+it ill b+J loc CA" e. 24024. tea CA 7�r side ualoe of the q � malf of l+� sae to be matewod fait as UWASOMY to iu9Ci rs"t v&*h tba Prop- erty ' UMB At eon MA of said stxip. ADWM its li ft .fty 6f M'► 1963, CHARLES E. HART '12/9/62 (7) 0 1 2 3 4 5 6 7 8I 9 10l' 11I 12 13, 14 15! 16 17 18 19 20 21 22 23 24 25 26 : 27 ' 28 29 30' 31 32 OF FASEKENT FOR A VALUABLE dWIDERATION, the receipt of which is hereby acknowledged, the CITY OF NEWPORT BkU1CH9 a municipal corpor- ation, as owner, and J. A. BE6L, CARROLL B. BkERKO BARTON BEEK and JOSEPH ALLEN BEEK, JR., joint1r.as lesaee, hereby grant to SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA, a California corporation, its successors and assigns, an easement to lay and use gas pipes and mains for the purpose of conveying natural gas for heat, light and power and similar uses in the following described real property ins the City of Newport Beach, County of Orange, State of California, to wit: Parcel 1: Lots A. 89 C, D, $, F, G H and J, as.shovn on Record of Survey Map, recorded In Book 9, pages 42 sad 43 of Records of Surveys, County of Orange, California. Parcel 2: A strip of land 40 feet in width lying 20 feet on each side of a center line described as follows: beginning at a point in the U. S. Bulkhead line between U. S. Stations 136 and 137, as shown on Record of Survey Map recorded in Book 9, pages 42 and 43 of Records of Surveys, County of Orange, California; said point of beginning lying North 39 48' West 377.89 feet from U. S. Station 137; thence on a curve concave to the northwest and having a radius of 151.63 feet through a central angle of 32'231,.85.70 feet; thence North 18'03145" last 37.69 feet town intersection with the decree line as established by Superior Court Case No. 24026, Orange County, California. The side lines of the above described strip of land are to be extended or shortened as necessary to intersect with the prop- erty lines at each end of said strip. The term of this easement shall begin on the date hereof and shall end on December 31, 1987; provided, however, that the terse shall be extended from month to month thereafter until the City of Newport Beach gives 30 days' written notice of termination to grantee. Upon termination., the grantee shall remove all its pipes, mains and facilities within 60 days after written naotice fro® the City of Newport Beach to do so. This easement is ;::anted subject to the provisions of 1 Sections One, Three, Six, Eight jfte, Ten and Eleven Of Newport 2 Beach .go. 3*4 which granted the franchise vnder which 3 grantee oRarates in the` sy. of Newport Teach and said provisions 4 &Xe.by this.reference incorporated herein and made a part hereof. 5 Dateds:.:, December , 1962. 6 CITY OF Nnnl= BEACH 7 By L/ Charles E. Hart yr�r 8 Attest: 9 /s/ Margery Schrouder CityClerk 10 11 /s/ J. A Beek_ O 12 CARROLL B. BESK BARTON BEEK I3 JOSEPH ALLEN MU9 JR. 14. By /s/ J. A. Beek 15 J. A. SKEEs Attorney fa ct STATE OF CALIFORNIA ) 16 2 ss MTIC COU of OR"" � On the "l day of �ti,�. -c,. 196 3 , before mme, .a,.Votary 18 Public in and for "' d County and State, personally appeared CHARLES E. GARY and MARGERY SCHROUMM , known to me to be the Mayor 19 and City Clerk, respectively, of.the CITY OF NEWPORT SUCH, the municipal corporation that executed the within instrument, and 20I acknowledged to as that said municipal corporation executed the 219 sams pursuant to a resolution of its City Council. 22 WITNESS my hand and official seal. 23 /s/ Doroth L. Palen otary Public in and tor 24 said County and State STATE OF CALIFORNIA 25 . s so 26 COUNTY OF ORANGE Oa the 19th day of December, 1962, before me, a Notary 27 Public in and for-Ala County and State, personally appeared 28 J. A.. MMK known to as to be the person whose same is subscribed to the viui:n instrument and acknowledged that he executed the same. 29I WITNESS my hand and official Seal. 30 — s Mag Dewey 31 Notary Public in and for said County and State 321 2. SM"HIENN ­X111 11" ..fIIUF 1,1U111 Mll.:''':I�IJ 11, MJ X IA,. • --A,.,, : \NP,; January 11, 1963 City of Newport Beach 3500 West Newport Boulevard Newport Beach, California ATTENTION: Mr. Victor J. Simpson Assistant Civil Engineer Gentlemens We have received your letter of December 28, 1962, concern- ing the repair of sewers in Block 11, East Newport Tract. As you know, it is the determined policy of the Gas Company to cooperate to the fullest extent possible with the cities which we are honored to serve. Being mindful of this policy, your letter of December 28 and the situation it represents has placed the Gas Company in an awkward position. We have given careful consideration to the claims of the City and have reviewed the matter thoroughly in an endeavor to reach an accord in the matter. However, we are compelled by such study to the conclusion that under present law Southern Counties has no legal respon- sibilities in the matter and that the burden of protecting our facilities rests on those who would disturb them. We regret the circumstances which place us in this position but trust the City to accord us understanding in the matter. Very truly Yours, j h/ l� H. G . Kragh, Division Superintendent. \. •.S Vy lam• CITY OF NEWPORT BEACH CITY ATTORNEY DEPT`. =(. December 19, 1962 To:: The Honorable Mayor and City Council From, City Attorney Subject- Southern Counties Gas Company easements in Beacon Bay On December 17,1962, the Cite Council considered authorizing the execution of an easement to the gas company in the street areas of Beacon Bay and a portion of Harbor Drive. At that time, the Council requested further information as to why the easement exe- cuted in 1939 expired on November 8, 1962. I have reviewed both the City Clerk's file and the files in our office. I find that in 1938 the initial lease to J. A. Beek, dated November 9, 1927, and amended subsequent to 1927, was again amended. The 1938 amendment extended the term on the western portion of Beacon Bay to November 8, 1962, That term has since been extended to December. 31, 1987. I could find no information explaining the easement other than the bare resolution authorizing its execution. Since it was authorized in 1939 during the time the expiration date of the Beacon Bay lease was November 8, 1962, it is reasonable to assume that the intention was to make the easement terminate on the same date the lease terminated, When the lease was amended to .further extend the term, it appears that they failed to also extend the term of the easement.. WWC -mec cc - City Manager City Clerk Public Works Director Finance Director /�''�, /% ,/ 1 1 /U! Walter W Cra za City Attorn To From: 9 CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT December 19, 1962 Subject: Easement to Southern Counties Gas Company Transmitted is a resolution to authorize the execution of the easement to the gas company for the Beacon Bay area. Please substitute it for the resolution dated 12/5/62 and submit it to the City Council for consideration at its next regular meetin;;. The grant of easement executed by J. A. Beek is attached. It has been revised to recite the names of the additional lessees under the Beek lease of January 9, 1950,,, i Walter W. Charania WWC :mec City Attorney Encs. cc - City Manager Public Works Director Finance Director I, OF CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT December 13, 1962 To,, The Honorable Mayor and City Council From- City Attorney Subject; Southern Counties Gas. Company easements in Beacon Bay leasehold In April of 1939, the City Council adopted Resolution Nos 1602 which authorized the execution of an easement over Lots A, Be C, D, E, F, G, H and T shown on Record of Survey Map recorded in Book 9, pages 42 and 43, in Records of Surveys in the Recorder's office of Orange County, These lots are the streets in Beacon Bay and a narrow strip along Bayside drive within Beacon Bay. The easement authorized by this resolution granted an easement to Southern Counties Gas Company to lay pipes in these lots for the purpose of serving the property in Beacon .Bay. The easement provided that upon thirty days' written notice the City shall have the right to terminate on or after November 8, 1962. In May, 1939, the City Council adopted Resolution No. 161.7 which authorized an easement to the gas company over a strip of land within. the Beacon Bay lease which constitutes a portion of Harbor Island Drive, The easement executed pursuant. to this resolution provided that the rights would terminate upon sixty days' written notice from the City at any time after November 8, 1962, The Southern Counties Gas Company has requested that both easements be extended. We have prepared a resolution which, if adopted by the City Council, will authcrize the execution of an easement in favor of the gas company which will continue their right to maintain pipes for conveying natural gas in the same areas as the earlier easements provided. The form of the proposed easement requires the City to execute it as owner and J. A. Beek to execute it as lessee. The term of the proposed easement is to end on December 31, 1987, which is the termination date of the Beek lease. The proposed easement contains a provision that the term shall be extended from month to month thereafter until the City gives thirty days' written notice of termination to the grantee,: It further provides that upon termination the grantee shall remove all its pipes, mains, and facilities within sixty days after written notice from the City to do so. The proposed grant also makes the easement subject to Sections One, Three, Six, Eight, Nine, Ten and Eleven of Newport Beach Ordinance No. 524, which is the ordinance granting the South- ern Counties Gas Company a franchise to operate in the City streets. Too The Honorable Mayor and City Council -2- December 13, 1962 The proposed easement has been submitted both to the Southern Counties Gas Company and to J. A. Beek and both have found it to be satisfactory.. The original of the proposed grant of easement has been transmitted to Mr. Beek for execution and a copy is being transmitted to the City Clerk for consideration by the City Council, along with the resolution authorizing its execution. If the City Council finds this to be satisfactory, it is suggested that the resolution be adopted and, upon the return of the original easement executed by Mr. Beek, it should be executed by the City and delivered to the gas company: WWC-,mec cc - City Manager City Clerk Public Works Director Finance Director W"k Walter W. Charamz City Attorney • • CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT December 4, 1962 To: City Managers Public Works Director From: City Attorney Subject: Southern Counties Gas Company easement Transmitted is a copy of a proposed easement to extend the gas company easement in the streets lying within the Beacon Bay lease. As indicated by the attached copies of letters, this has been forwarded to the gas company and J. A. Beek. It is requested that you indicate any suggestions you have for changes in the proposed easement. i Walter W. Charm, WWC:mec City Attorney Encs. r Southern Counties Gas Company 234 Broadway Laguna Beach, California Attention: Mr. Jim Decker Dear Sir: 0 December 4, 1962 Transmitted is a draft of a proposed easement to extend the gas company easement within the streets of Beacon Bay. This would convey an easement over the property described in your easement No. 2935 and the property in your easement No. 2941. Since it was necessary to have the same parties coney the easement over both parcels, it seemed logical to have it in the same document:. The term of the easement expires on December 31, 1987, which is the same date: of expiration on the Beacon Bay lease, with the provision for an automatic renewal from month to month until the City gives 30 days' smitten notice of termination. The applicable provisions ot.' the gas company franchise are incorporated in the last. paragraph of the ease- ment. If this meets with your approval, please advise and we will prepare a final draft for consideration by the City Council at the meeting on December 10 or at a meeting on December 17, 1962. Very truly yours, Walter W. Charamza WWC:mec City Attorney Bnc. cc - Mr. J. A. Beek Robert Coop, City Manager ✓ Donald Simpson, public Works Director December 4, 1962 Mr. J. A. Beek 410 South Bay Front Balboa Island, California Dear Sir: Transmitted is a draft of a proposed easement to extend the gas company easement in Beacon Bay and that portion of harbor Island Drive lying within the Beacon Bay lease. This easement would cover the two areas previously covered by the easement executed on the 3rd day of April, 1939, and one executed on the 1st day of May, 1939, by the City and J. A. Beek, as lessee. If this meets with your approval, please so indicate and we will prepare the final draft for consideration by the City Council. Very truly yours, Walter W. Charamza WWCtmec City Attorney Enc. cc - Southern Counties Gps Company Robert Coop, City Manager ✓ Donald Simpson, Public Works Director I r .. WK c 147 11 {� NT - FOR A VALUABLE CONDERATION, the . receipt o! whiff is hereby acknowledged,. the CITY OF NEWPORT' REACH, a mmi0pal corporation, as owner, J. A. BE::, as lessee, hereby grant to SOUTHERN COUNTIES GAS C0KPU?.vr cALIFORNIA, a California corpora- tion. its successors and assigna�'an easement to lag a". ulol. 0.0 pipes and main# for the purpose of conveying natural gar fos..hsat, light and power add °similar moos in the following described real propert7i a the City of Newrat Beach, County of Oraoae, State of California, to wit Par : •(Saw land dwarf tian as in.gas eompauy easement No. 2939) Paroo 2t .(Same land dsocription as in gas cospany easement No. 2941) The term,of this.I&**went shall.begin'on the .rote hereof . and shall and on Deesmber 31 ;- '1987; provided, tiowever, that.the term shall be extended from month to month thereafter until the City of Newport Beach gives 30 days' written notice of terminatiom to grantee. upon termination, tho *grantee shall remove.,all its pipes, swine and facilities within 60 days after-.written notice from the City of Newport Beach to do so. This eassmaut is granted subject to the provisisass of Sections One, Three, Six, Bight, Nine, Tan and eleven of Newport Beach Ordinance No. 524 which granted the franchise under which grantee operates in the City of Newport Beach and said provisions are by this reference incorporated heroin and .*ads a part hereof. Dated: December , 1962. j CITY(' NEWPORT BBACR By Mayor ATTEST: city er . :.(Acknowledgments for both. grantors)