Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Property Acquired - Pacific Electric Railway
4 -2 -64 SEE CA 29 and CA 169 for matters relating to the acquisition of Pacific Electric and Southern Pacific property. Richard D. Reddich 0 P. C. BOX 631.. N[1.PONT 8"CH.. CALIF. Mr. Robert Coop City Manager City Hall Newport Beach, California Dear Mr. Coop: M-//J dune 17.1963. It will be much appreciated if you will present this letter to the Newport Beach City Council at their next meeting. It has come to my attention that the old P.E. depot property is being used for non —paid parking. These " free parkers" are, in this way, avoiding parking meters. By making use of this property as a paid parking area, the City will DOUBLE its income: the meters will HAVE to be used, and there will be the additional income from the P.E. Location. I have talked with many of the business owners in the area and they are agreeable to this project. For the past seven years ( since 1955) I have operated parking lots in Newport Beach. I have available a dependable staff of local college students and I have the experience to properly prepare this property for parking and to manage the operation. Since there is preparatory work to be done and since there must be completo insurance coverage etc. it would seem most expedient for the City to c:)nsider leasing this property to me until September 15, 1963. In this way the City is not involved in any expense or responsibility. On this basis a forty per cent (40 %) of the gross to the City would seem equitable. This should assure a satisfactory profit for all concerned, without involving the City in any way, other than a simple lease for the use of the area. I would like to have this in full operation by duly 1, therefore Your immediate consideration and decision will be appreciated. RDR /sm L: care y Richard D. Reddick. A 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER h'-Z TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: PURCHASE OF P.E. PROPERTY BY THE CITY In accordance with instructions of the City Council, I recommend that the financing of the purchase of the properties of the Pacific Electric Railway Company described in the Appraisal Report prepared by Ralph P. Maskey, dated June 12, 1961, be ac- complished as follows: After July 1, 1963, transfer as an inter - fund loan from the General Fund Surplus to the Capital Outlay Fund an amount sufficient to create a total of $288,466, plus City's share of escrow costs to be determined. i At the present time this would require a transfer of ap- proximately $182,000. It is likely, however, that this amount will be substantially reduced by the sale of City -owned property now being offered for sale with bids to be opened on June 10th. In addition, the sale of other City property is under negotiation. The City Manager's recommended budget estimates a General Fund Surplus of $313,414 on June 30, 1964. From this surplus must come any salary adjustments approved by the Council and general fund capital projects for the coming fiscal year. t e�;� D Poe I glectriz FUillwa.vjc, 610 So-th 4--la Stl- t Los A.*olos i&i Damir Itu, -, W. Wk. 41 f. � OIL iz Y� nu- of A-,--?.;,Ast Thanle. YOU Or relgrivo t,6 the ar--Usiti RA;lv&y C-empsir pr�rty by city of we i, w PI L*r ot di . Mll 471,Pr t�� 4 of strt,crs time 6ic�3 Thamik yru itoi'En COOP A. City M&Mlg%'T CC: mat or Chariot I- M.ic gorks, V1.4 11 7-' -AL ESTATE DEPARTMENT 5K Robtrt Goop City Xanager CA7 of gowport Dow* 7 city Rau "m W"t X"Pewt bodeftrd me"I-t Beacho Qm2vjm& Dear Mr, Coops 14, C4LIFOOMA mwo-City - I 2*ts"U4 to 4LOOMWOU On J%lY 25 with Kesqrs. ':art, Stoddard$ Larsen, Wj Sjqp**�4 top santi-e, the City of N area Mr. Letts 11 lie boar�' &�* r*Pr*s*ntift Pacific Liectrie I&JIfty C40Wly *Or"0*rni09 .the' PrOV0944.&Cquisitism by the ^j*y of N*Mqm Bomb Of Pacific WleetKc, R&11W CompLV &r+d And 3AM Strsets: holUrq�o'b*ttiew CM Southern Pacirl.c �71mwpw- r*W31 11 We we Advised by car Tax 60,unael that it WE -wer*AW,hjL this transaction CC UA b&SU Of an *=harwe j therskq def o,r gaini, us vOuld have to anqaire Qplftting p-m,aerty JA eXcb4L,-* r-r *ho' formar opmatim P092ftIty &IV4G 1V At NSWPO:rt r5eLaah matp tb.Wellor�. aye n*G***ArilY PV6 - d&%dwd fIrW *LkIng an em--LmL;�Kv jwftjvjAg the Om*d WOO" &A Uvport r�aixjev- Wlff� Q%At this ViII not neGOOP&TUF hamper plans; halm"r., be jb*jpftlj pj&*:" lot me imjpj, ,V,81!r truly Y(,Ilrs, W. W. 3-IDW I-A PAC &ECTRIC R,NjLW PACIFIC III:] S()UTH U,N !SlJjFET &A A Beach Ift order f. the subdivig AM i.. 1 4 1 4 1 �*i cri, Map the vacatio- a All that Apr 6i y RAW" Widths d?e-4td to SIV Reach, Ncve.rO--o,sr I y RAW" Widths d?e-4td to Reach, Ncve.rO--o,sr in ,Book g!'.j Of Orange CQUIlty.. y1r, t nd 122.00 "eat N -a N u r t hw s a t a-- 54th Strae-. is ;3 ;.-, .,or section re-I.-.rd- ed of Xiscolianeuiva lv,-- G Orar.ge C-ounty. ages is made t T-icatfo- �:f If anyth4rg 13't2 Pci Kloctric Railway pease advise, y RAW" wwC 3/1674 (12) 0. 1; J 3 I 9"L lwrATT TO TSB GVIT 4 !, 51i � 'ZVAS, there wo. boas delive"A to 04 CitY of 6,11 ffoath An tads o dated the 26th fty of Jaa Y* 1"Is, ire r�ieh 7 tflw i7va1 a9 fa f fwiR ♦ IDtaR�tlaiti810, WMnts Co 016 City Ot e : t Aoa", a maulpal cpc orlit wt, all Owt cos Lix piece at 9II pateaf. of land sitaste fn the City of AVOPONt h., Como of, 10 1Oror4ol ftsto of Catifo rniao being, a Portion of tbAt COCUIA Strill 11 Ij of land (100 feat wide) described in to rrscifle slog €ric Rail 12 army Cerny, two"" is Dooa 7854, a 457 of Off'teLal c rd#. 'i3 is tbo OftOe* of than Wider of. OS14 may, 40"rUWA as f'allrasass' 141.' $24WI G st the Poitit Of iata>is%estioA Of ties oeftboql y ILAP'Of 1446 411"rilmd in do" to 15 ; tke t#t s h t*cc in Be 332, is. at f is the office of 001&1 lissoarderr 16 l vith .a line Pwallel ofa.#e said distdskt 34.00 feat leotla mtaerly, msmsurmdk et riabt 1Fk�I+41f !rt►ala the j lAai{SalI if of said slwi* o Imd (146 feat w5e+) i tba wo 19 *42.30" t act al said parallel 18 via*$ U9.15 Est to a Im am theme nowt wterr'1 41110% 4 a t o the lata'.flt :1" a radius at . 19 ! i' , au Control. aegis 13m34'45" (a radial lfaaa to�am" at lash >Iteot•iossed point bsaas 20 stla 70 1T*30'i Bast) im asa distanee of 117.17 t�'i tbaasle math 3� ";l2'1S" Waste taca0eut to said 21 sWrVO& 36.94 .f* to a 1�0111ti t & aort€westorltr olorAg a e to the rj4#4 MvLatg a srafinl of 501.f1%? 22 : feet, � a oentrol &%I* of 9'5.6 19" (a randiAl i; line tee. Last said cum, at Lot et i®"d point basal 23, .^touch 56"47.43 "' writ), au as'8 df stama of ".73 fwat to a point to "id 0",h Carly lima OMANUaat South 83. °33' 24 80 " wlst, tom, 95.?►7 fast ft" tt%e paoiaat Of of l b�4ia- thows morth . 6VZ3 000" X"t, SIGN& lost sold 25 Ilia*, $5.97 taut to thae point of beginning a;f nuta- U% so area of 305t;0 s4twme fest, mrs or I*". 261. jeett to sa&mwAs, restrictions, realeavatiom, coadi- 27 tia m, sad aovea sus of record. 28 ff'rl3tY AO U&MMA unto Graster• its sueresaors and a"— forever the title mad &xalusive right to all of the 29 atriAneralas, tai ores and products of every sina rait3tiat or wa6wrlyivs said land ba3loq► ON O&Wth of SW feat, iamludift'P 301 aaeittto t livAkLaa this goneratity of the ffor sings all paetm- la m# oil, .fetural Sai and hydrocarbon subatencaes; T=' TI At 31 Wt'Sil the right of .ia> &A egress beneath tha surface of said, lasa 4r to MtVGlrrre fc+r, &;attract a sad remove time slam 32 ;! sad t2taa r at to �IaisaCaia raeell ho eaa ow h acid. LaM for thii h .I ,t .I . 11 101 11 12� 13' i 141 15� 16� 171 181 19.1 20 21 22 I 23I 24 I` 25�26 271 281 29 30 31? 321 IM,I of fau�Sta CI* Othar 1 . Such rre ael eSa ar teMOV#d. a� eipa tact Useful to esw)1 rW410 . A"% � .ay isatlms latoral 4* else 4rUUfts 4a�i. 'vac e#1s 1* of rwllea. s:sal9�E er tt i i hex°. that �p its eaaee a OVA araww. ,call mat save or "*ON tke sow— Lase of ft" � alosu -lot &Ate any baw d "d 0�041 W% poestrifte or tawrrx" two yes aril L4 feet of the atUM106D a "�ab wvee slbad pretty % to peranida s aver saU pretpeaaeiy to %3w adjolAta arc of e*or .n�atii etue#a t4zae sir iwrtei preot�r ate is ae a public , Thav tftear oraater owl brow accesis to raid stT"t a to liesiblge rret°ils %3oos at tha, p%61L t U*4y having ;t#' 1tiom tbarmoL. SUB "T TO ataed in ACCe9rdame vttb„ all appticabIa States mart laetel laws; wan" , "id indeaAwe, is in eeeerds"ce eai h . the s tree w eaa.e to pwC aee *Aid prepertyj . . AZ ET IMSOLM tbst rend Ladeaturo be amcVted +04 sty city C'1,eatk " s OW diraeftd to eammts and attach et tawtiftaott of eelttewaseF and C t to the rte m& of said Jadeatessre in tide Cmoit.y Mae dsae's affteeo Amp= at aA women. i vwiml x O tias this 200t slay of LIM B �../ City qw Em i� i A 1XW =1CM-9W THE CITY CO"Ut Or TM CITY Cq �i 1A' ACCBMWo Ag USSHME 3 I u& pwwmy To T49 exty 4 5 there me bow, 0aivered to the city of Newport 611 taaoh SA ddt+ed the lith dais of goaambeer► 1%, in which I 71. the Pacific n eetrU . Si1wop ca"44ay_, a coepoerstLea► grantee to the e i CUy of 13enepost Seae kt w j1pala4pee,l gorparatiout all tae followLsw 911 deacribed may: 10 I vide it A. poVtiaeo of that curtain ae�ti,p Of lead 109 ?tot in ► Aitmats ;Tai t&-A City of b ho County of 11 j; r ftno of Calitunti . 4644*004 iae deed to the twifto 0=9447 Aaureotd Company seeecordead in 12 �; stook o ea 2W of 091MCis1 itoeor4jo t% Qf.f94e of the of al Cat Ity► Wad am* partice cly d'Sestribe 13 follow t 14 j, 'dim%, at the poiLett of intersection of the =Wth- iruetatly lino of *aid scrip of land 104 feast in Width with 15;T' tw awtbometeriv pe+reLeegp ion of the "%*beaste►rly ILM of mks Street . {W feet raids) ss s�+ea a of tho 16 Lake I riat► rromirdead its iaook 40 �0 13 eA Seelles Haps is the off og ums Roamdoir of saki orme a Couatyo 17 pobat of istorsoatiesa elaeb be t" oast V"toriy raa ao w of Lot 2s as Shona go amp of V1ALeas Of tlook 18 '' 227t pia tRAt A► NSWPWt Joel TODDIr"d iA. t +sllac do w Hap Book 40 Paso 36 homards of aatd 19 radial 15:+ee theta raid psiat board s 77 4t!'31" as thowd eeet+ttrly a1 #l►s ably tiaea of said 100 few 20 s strip on a mee eeve to the salt Wad bowing a radiate o tt al.S3 goat 40 mw 41ma o of 10902y feet, to sa r- 21 aware► _with the eeea -total pwo" cation of the ee a 22 1e 7t the alley iu . loth 3.29j, s shown epe "Ld Gp of take ' . a eesefiel 18am 0414 Point 'Of irit4VS*Ct#A beeeara V 7312 ?'+39' -.jLi theasa 6 2'43'41 W ninon said Ott 23. essslwetrlir p"laestatieee a dliate ms of 6:.93 first to an &moor■ sachet with a IUW lying vtastes xy of parallel too. and 24 ftotww 60 fast: eoeoovmud radially trais the masterly Satan of sstd 100 foot atclp► s eAdill line thro%h said 25 point of isaet soretieea 8eeri"s o ?4 $f 04 t; tdeamee aarzkmwl on a° to starve sVo to the rawest and haviva s rodius 26 of 2474;33 foato an $to d6istanco of 70.34 loot to a poLut of vs► a radul Um � said poiert boars 27 76° eZS °' t, tie murthwastarly area a taue nt curve coaca+oo to the soutthwast sad having a radius of 25.00 toot 28 ; tkiwigh a a"tral angle of I13`36e Y'► as are distance of i 49.37 .fact to a point ai: tseageee�s�ep in the aforoae a tiomed 29 ' r mwtarly 3.ie>a of 3Qath IRtereet tk tcs d %2 "44'4"5" f etiae said southeastowl$ lip a emco of 104.51 feet to 30 flee joint of bears. 31 : e isiarct azo +®a»eeeere►te1, roartr ieet Loch r r+eel4rvotima ► condi- tions and covers at reaoret:. 32j ii: I' i Lf 1 COMMING AmA 1 1*0 Cha ste t" aaseesel/afts and s fca�ac tile 111" Mama iussilusgive right to all of the 2 I o loa .� or" a� prcal to of lead +at1�#� rrar i said iaM bed. s ampth of feet, imIud V,, with, 3 out l the 9411srasliLty of the forogot%,, all pet"ISU14 Oil, s �s� j T V 4 the gi lts o1! �rass 64 1: th r sur a, of, "id Lm to ev Or esxtrocts . remve tme saws, and Oft aci& 5 to msiraalz W44 � Eaaid land for trw of i' subatmeeess eater LAnds, wtother such om 6 "ISLOLWA Or removed Aad every, right *ad eiso vmemmmm M or Vaeslat to lsasis y'�e�..wlbfr@v us s my IwLz lateral or &I*Av 7 mill s � s eix a i.ati of W111a a Sho is or tumob tPxat err, its successora ww asst s thou 8 1301c uees aX WOW s a the sunrfoce of gold Ian, and *hall mot 9 disturb, rt? the rem and shall ast penetrate or sesv s � w"hia t o tro axw fa co. to /gip MURV= VWG CRAMOIL the riot of surface ae emo " the ettvever 44"tllmd qty Lot ®s'elaae to prm dee ilvgrelAe� aesd 11 AAFet1� xmAA y to t' m #dJoJxAn& 'ty of tl uAtLl seb time " aa"� �p..�og icy 14 mod as a pubLs ata 12I �rpE90a to � t@E s have aseaauw to "id ot1Ca t subject to 13 ". aspplLeabLa ra tio" of the 3pzb1 c boo bsaiag ateri.sslictLon 14 SUBJ= Too mw 1A onteramme with. all dwlieek is State. Akad 14"l. low 15 16 And i 17 ,said Indeatmv is 1st aocordenas with the atreeaa' 18 I aunt to pumMas "id p3 19, MW, TWAZrM. N IT t1tSOLM t elastd Ladeature be 20 aeccerpteld a std the City Clews t$. Authesri d and d1 zected to execute eo 21 OW attach as Certificate of sc ,taoco .a" +ee" ast to ttte rocool- 22 ift of "W indeftwo is the qty 's office. i WWC -mec , 3/15/61 BEACH. 0 RESOLUTION NO. 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 PROCEEDINGS THEREFOR BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT SECTION 1. The City Council hereby finds and determines that -the public interest and.necessity require the construction and completion by the City of Newport Beach of a public improvement, including the widening of Newport Boulevard along the westerly side thereof northerly of 30th Street for a distance of 110 feet, more or less, and the widening of 30th Street along the southerly side thereof easterly of Newport Boulevard for a distance of 28 feet, more or less. 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 1. That portion of Section 28, Township 6 South, Range 10 West, S. B. B. & M., in the City of Newport Beach, County of Orange, State of California, according to an official -plat of said land filed in the District Land Office, August 4, 1890, described as follows- Beginning at the intersection of the Northerly prop- erty line of 30th Street and the Westerly property line of Newport Boulevard, said point being on a curve concave to the East and having a radius of 2844.83 feet and the center of which bears North 780 30' 28" East; thence Northerly 106.43 feet, through an angle of 2° 08' 37 ", to a point on said curve the center of which bears North 80° 39' 05" East; thence South 52° 24' 20" West 1.17 feet; thence South 4° 06' 00" East 71.15 feet; thence southerly 29.99 feet, through an angle of 90 52' 29" along a tangent curve concave to the West and having a radius of 174.00 feet to a point of compound curvature, a tangent at said point bearing South 50 46' 32.5" West; thence South- westerly 25.60 feet, through an angle of 370 36' 11 "1 to a non - tangent line, said line being the northerly line of 30th Street; thence North'52 44' 45" East 32.70 feet along said northerly line of 30th Street to the point of beginning. Parcel 2 That portion of Lot 24, Block 230, Lancaster's Addi- tion -to Newport Beach, in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 5, Page 14, of Maps`,in the office of the Recorder of said county, described as follows- Beginning at the Northwest corner of said lot, thence Easterly along said Northerly lot line being also the Southerly property line of 30th Street 28.37 feet; thence South 62' 04' 30" West 25.22 feet; thence Northwesterly along the Westerly line of said lot also being the Easterly property line of Newport Blvd. 13.00 feet to the point of beginning. SECTION 3. The public improvement to be located on the property described in Section 2 is located in a manner which is compatible 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 depositing 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. 2. 0 0 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 )o-` day of March, 1961, by the following vote, to wit: AYES, COUNCILMEN: I/ / 1 d I NOES:., COUNCILMEN- ABSENT COUNCILMEN: ATTEST: � c C ty Clerk 3. 6 CITY,OF NEWPORT BEACH CITY A TORNEY DEP RTMENT Toe The Honorable Mayor and City Council Froms City Attorney Subjects Pacific Electric acquisition t< y 6, 1961 The Pacific Electric Railway Company and the Southern Pacific Company have transmitted copies of indentures and letters constituting escrow instructions in which it is proposed to convey to the City land lying southerly of 30th Street which has heretofore been designated Parcel 4 and land lying southerly of 26th Street heretofore designated as Parcel 5. These are the two parcels that are needed to provide area for the southbound lanes of Newport Boulevard as proposed. The Pacific Electric Railway Company proposes to 'convey Parcel 4 for a price of $16,726. Southern Pacific Company proposes to convey Parcel 5 for a price of $13,772. The proposals follow the same pattern as on previous acquisitions with respect to retention of mineral rights and proration of taxes, with the City.paying the cost of title insurance and escrow expense. The seller pays the Internal Revenue stamps. If this meets with the approval of the City Council, it would be in order to authorize the City Manager to execute escrow instructions on behalf of the City, It is necessary to request a revision of one of the deeds; therefore, the matter will be returned for acceptance of the deeds when they are in the form acceptable to the City. Walter W. Charamza WWCsmec City Attorney cc ® City Manager Director of Public Works City Clerk CITY OT NEWPORT 3I =H I U a Y1!LC cW �qa1, \YMv!�i +I� July 25, 1960 To: Director of Public Works From: City Attorney Subject;. License agreement with Pacific Electric for underground sewer line for conveying water at Nordin Street We have prepared and are forwarding s resolution which, if adopted by the City Council, will, authorize the execution of the license agreement prepared by Pacific Electric Railway Company. The agreement is oppressive insofar as the City is concerned, and contain, some objectionable paragraphs. Paragraph 6 provides that the City will. indeianify licensor from any and all claims that may arise resulting from work or operations covered by the agree- Mont even though they may be caused by licensor. Paragraph 12 provides that the City as licensee %rill pay attorney's fees to licensor in case licensor brings suit for a breach of the agree- ment. This provision apparently applies whether or not licensor prevails in any such action. If, recognizing these objectionable features, it seems to the advantage of the City to approve the contract, the attached resolu- tion will accomplish the approval aiad authorize the execution. We note that the pipeline will cross P. E. property which is a part of Tact 3813, the tentative crap for which has been approved q the Planning Commission subject to certain conditions and is currently before the City Council. Itis suggested an easement as a substitute for this license agreement might be secured as one of the conditions attached to approval of the tentative map of this tract. If this is impractical timewise or in some other respect, should a final map of Tract 3813 be submitted, it would be advisable to secure such an essenaent along with easements as substitutes for any other license agreements covering P. E. property within Tract 3513. Walter W. Charamza City Attorney By Joseph H. JKK-.mec Assistant City Attorney Encs. cc - City Monager City Clerk 7t' �i12) 1 I. x. A QI.tt ou or To C iEWMIL Of 'I= errs OF 3 SE�4G A UZMLCN 01 L1 FAG IpIC $I,$ ftLC RAMMAY 4 uTrzW.jw CITT TO CROSS Tug PACIFIC aW VJT AT 16 IltA 8T 5. 6 I s the biii tar of Public Worts has rsgW*ted 7 p""i"ift AM am roc fia iEl4muttr Rails! Compaw to *teas$ its tclght of way iwa* 0101"M liar ter tlrii eonwyiag of 9 walm at Moard3rtl ; I "d 10 VAU"t said fteifin tlomtt %U BetIvey Compaq h$$ pta- 1L: and womend s u a tnt dated J"7 S, 1%00 12 UWW Bs. ILTM settigg out the itrs+r Ada c$na#oLoLt$ 13 �i tom_ Sh such crossi*4 will be pgterdtttod; 14 t � Tanormt a IT MMWVW "at the wlw MW city 15 Clwk&rc&utbwixs4 snd digested to tsto swirl 1isumse agresmon 16 an half of tie City of ewpgor , mooch* 17 � ADOPM this day of 18 mayor 20 A'I"!'iidl; U 21 Qvazg-,-� 22 23 24 25 26 27 28 29 30 31 32 Jung 30, 1960 To: Director of Public Works From: City Attorney Subject: Orange County '.title Policy No. 389129 Forwarded is a policy of title insurance issued by Orange County Title Company on the Pacific Electric property most recently purchased. The policy appears to be in order and is being forwarded to you to check the description. If the description is correct, it is requested that the policy be transmitted to the City Clerk for her file. WWC :siec sue. cc - City Manager , City Clerk Walter W. Charamze City ,Attorney as, 0 • CITY OF NEWPORT BEACH CITY ATTORNEY JS'aib ": OEPARTMFN'P June 17, 1960 To: City Clerk From: City Attorney Subject: Resolution authorizing acceptances of assignments of leaseholds on the Pacific Electric property being acquired Forwarded is a resolution which, ii: adopted by the City Council, will authorize the execution of certain acceptances of assign- ments of leases on the Pacific Electric property being acquired by the City. It is requested that this be submitted to the City Council on June 20, 1960, for consideration.. Y. Walter W. Charamza WWC :mec City Attorney Encs. cc - City Manager TO'. From. 0 CITY OF XCWFCRT $.: ACA CITY ATTUR'�iuY DEPAkaftEmf Director cf Finance. City Attorney Jerre 20, 1960 Subject: Pacific Electric land acquiaaition We have received � i lette _• from Crass, ^Ea ticun� ° Pule Company advis.Lng that the az ate: accessary ILO '~lose Lhe escrow on t+.ais ppurchase is $121,1' ?.. '';.1is t:nt:a is :,mde up of $1&0,969 selling .prig, 31 ?1.75 eaer<ru fee, and :334.50 for proration of taxes. There will be an additic aal charge to toe City for :::xe cost of title insurallre on t.ae land. Thi.sa tha -,ity h _: ,reed to pay as indicate(i ;.z a Pacific Uect.r'Lc Railway (':.)ntpany letter- of �.pril 21, 1960. It is requested that a warrant for L. 40 'l"la _°kzat be made :' � il- able on Tuese3y, June 21, to deliver a-o Orareae COUTtLV ' tie Company along alga a reso otLon of t',e i'it ''Ounci.I accepting the conveyance from the Southern Pacific Company. WWC :mac cc - City Manager City Clerk v Walter 1". Charamza City Attorney `.jd. 1 2 3 z 5 8 9 10 11 12 13 14 0 to Rmr-mrUm 20, �iaf_ A XMIXTION OT' Ta.. MY Of TV, CITY OF My"T AC481TAKU Of MIGMIN"; or Uw4s WFYZM:.4,43 V41A City *f aOUP�Xrt 3ear,*% �.J 4eqU1X1,-4 COrZZLn rt,r from ow Esc ir fl-c Klectric 1.1i'Llway 'CoxVaul and the. Southern Ic Coqpmys bet% * portion of a =-foot wi& strip beftmen street mad Sot% st-.04M and a pcxt,�oa g!�r the Vacific zlwtric OY at tics pzVerty betwoan 17.-i' aad V "th Streftsi seed WOREWO Y*--wt- Owl AssocIzzeA A"-fi,06. Inc., "Arl Mood- 0 , t,'ogter 4rad nalser Lcupony I :;ottoa Coff a tae., South Coast rvxtion Company,, and The Pacific Talopipm and Tolopaph ny a%* all less*" as 1-wassees, on partteas of said propertyj 15 I± "Q"JMW4 fte-ific ElactrLc MaLlway CoMany h" e:4acut*4 16 1.cert4lc *" L on the awe-smii;io"d losses mW delivered i7 ;them to the City wtth as request tint' the City w4ept " tS id mom- 18 mats; said E,,TZRWg this procedure in *ccept&blo to the city &M 19 1 20 ;said a"igmmets shom14 be accepted; 21 maw# T=MPMEO U LT RL"I'VED that Ule city mouser be 22 11mW is hereby autWrized and directed to anecuto said acceptances 2.3 `*f A"tPAWMU on the 10"CA at S=ft tim as title 24 to the P""rty Vests In the City. 25 AWMD at an adjourned regular meetiq& this 20th day of 26 JUMS 1"0. 27 rid 28 291 30 -1 32 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney �" F . -1. June 17, 1960 Subject: Acquisition,Pacific Electric property Forwarded is an indenture dated May 25, 1960, in which the Southern Pacific Company conveys the land being acquired to the City of Newport Beach. Also forwarded is a proposed resolution which, if adopted by the City Council, will accept this indenture. It is requested that the matter be submitted to the City Council at their meeting on June 20, 1960. Please prepare and--send _thLi q office, a certified copy of. the attached resolution and a certificate o acceptance to be arta:1ed.to -;0he indenture for delivery to Orange County Title Company on Tuesday, June 21, -.in order that the escrow on this purchase can be closed as soon as possible. WWC:mec Encs. cc - City Manager Director of Public Works Walter W. Charamza City Attorney 0* - :Au MUnw-T. made title vq *f flvft U*-`KFR71 3T.4 0f, a M:3-Jaipm1 efirrmat.ewt. '4rza Btw.� c'- :--i, A e sckvmaeft*&* ar"tor does Jsa it &^or.*. -!,, Qmrtos all t"a,& #I"" ar P""" at and sat4al;* Ar. th-1 ;1;4'4 *f lempuft Baftch, Of 0MV496o =At* Ot 661MMIA4 bOU4 PGi"".iSoufi' Of tMat zart4►l wl" scrip of land 6amoribod tu do" ta 4a**trkl r000r4" in so" "0 - spbgs 457 at 0tri4e.4k, Sr, U)v -'X'91 t's di, Resorier of said Wurft# and amcrltxad f e I low a 4 W!" A etlqp of 1#Ad 100 fo*t in W�-Aht lrisW 50 te-t 4ft eech aide of Use ;Mzss deezribeg-1 ao�utev IL-14t IMMMIN at the 1xt4vw"i;'A*1t. the 11rejeoptl4M of the oftt4W 1U4 of- ::-I# ajIgy {IQ f": r4ft. 'j v in S104* I" of the lake Pftetj. act 17�!- WR reder-qe4 irt baek i, 13 t 1UAmI1Smmw4 cI ; - v In *;he Office vf said Mosarder,# with the **miter Uro if aela 100-foot, curs utftp of IMA deserlbod In mald :' a ttmm" "Utba6zterly &JOW last UWtjoMd *"top LjjW ar+� 4*eet t* tkg � f} fa4r,- _ 4 � �Tr;� of 3461mLift ad' 'WW 17w lose mood; t 44meg Cmt1min soathma~1Y &I*" Sold :ter lin-0 of the IC4- feet Vide Strip of UMd ftPWt0m4 1; ; fn4-d ds*dj, 60C' t"mrUb, *no or 2#"m to a point in the rsvrj1.t;1-r!y litiv of t?-a% of 1=4 4&S.Wjb*d 4. - .he jaed .0 !. =Mrise of asla fteordere 1 t ot the ab"t Strip of lath m 100 teat in vtftb4 teraimt* sw0wr 4 is a line am m- at plot Slats 0 m SM tenter IUW O&SA W" Point SC MG9Umi%# aM vnral.-sate avatheriy JTs said merumWIT unat A strif of load #4 feet b"as all tnit or the Derwtomster2l a& toa$ of #&q4 10 --roqt wide 4'.-Ip I.MW descrumd in said deed to P-ae!'Pid Elvatrig extsfAids riva. the storly pvnri��.zrpt!4,n of 11` ,r ul.- ' vesterlY lir& at 23" street (50 rRit WiftY) *a mhow-n 4. -.1 4&'i of Newport mash, moor 18 B". 4, A Page 26 Of '4 t ,Q'Lv Naval, in the affioe of said Orly, it'" of that "Irtain Pa"'#1 ai 1&rsd j�Vcrlbe-d A.- f.IA<-4 the city of Rewpart EV00642, 2. 'L� ir4 ne"46 In the office of said =% Be.-JUMM " tdb% Int" soctiet, 41 U10 Im4ation of the amur Lim of U,;, ally alack U�4 ot 00 14k* Weets as r.-vir AA maps 0 Lm rage 13 of "Mae Elf! Lea 01- said twuatit wit 1'a of 44if-I swip Ot I&MA doserO*d A& said 4-,at3 fic •he *J�k UAWO of Um abovs.e-aa r1tk*ij strip 100 fevv to WIMLtors""a mvrv-oarl- t- &"d litrLb--v-. L� &..-- - pr*Lawtim Ot . *Mur uns ZC a-Aid 4%A,A,*yo kok southerly to a line dr At rlw-tt ;k-Llob t4 tCf U4*ve dr-- wribed cuter Ifto thrwA& the c.4_*rUirLM . jdtt %0 6&SMNM*Ot "NkUlleticra., roe.PA-Vat4*.ws,, CARd1ALi-,v,:- vr,'! &44"M AM A"UV1k3 WOO Grsmtar, , sit mucc*.xi,, rs wjai' f -i--- a, area *Ad to 4c Owu ki" witkir. 3 -r %WderlyVig "id 611AW a. 4%p" of 500 f'*K, imiudIfto Sri v- lmoct ludug tl ---v g of TAP foregaing,, *U paUvIonal, Pill atz tiyd, -i ..0 A, vubstwncaa; TOUTHU wrrb tke right oi ek�L-urls cUrf"* GL► said land to explore roi*f a!Lw' F' voamv. some* and the rl4*t -to maiftalm well hc_ 1. po puroft of m umingg sube."Cels frim ��rvs adjoirift or rma"d. &-A uvtr-7 rt�' :*.1- 4" o*:? tv stet" right,#, whisk U".- &&-I ' mzl..A or nlvnt, 4.TV b-ijv1_f4;# 444184 ar SiVAU-A cc 17 v;- tmxw; 4 GraWww, Its allee0everrs za;ln saptmv Omer up" tko surfses of *a" "Q49, *jxI.: !Ot w4rAtu ther*"O and Aall "t posetratv �:;r the NW (U-JOTM U-4 r'; v. sL;kvl --t -:; . u Z L- ar4sr to prevido insrsLks -AtA vtiviis cxf-r !41-w --f-I.-I :.Uv tc- nizks pr*Wty of Gr=W a public atr"t• "Id stroot subject to app11*&Wr_- t, 1"Al lam* Wo ilwd bo$Aig *sway *d Is mn .- aa fs iiedllfi "a mm #11 ea ag8 at its a . Om b7 iltr OUUM dal), ae} 4A" Its y��j� {�sL. �Y to � �. y Y � f�i �FN,�a RD3Ltr-oi Cosa tzpirss /a/ Z. �. _i ...iFSsY .. . SEAL WWC 7/ (l2) ii 1 2 31 a 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 29 30 31 32 F-1 r imp y 0 A USMMON Of TO CITY a.001CIL Of M CITY OF MIUf61Ci` awes ACCarF't N Alt x0mum GtAMI KUL FROPWY TO THE CITY Ma Cure has be" delivered to the City of moors Safth an imikiature dated May 23, 1960o o in which tbo Sonthmn pletifiae Cody. a corporation. 6WIMS to a w City of Newport Bomb, a municipal aorparation, ail tbase certain pieces or parasls of lead sitadatto is the City of Suspect Domh► C4muty of tlarmago, State of Califaaonioe, being pwtieas of that certain 1663 -foot wide strip of laved destwaW in. dsod to faeifie l,lostaria Railway Company, arecor In look 783. lPage 457 of WfLetal ftcosAs , in the Office of the Reemardar of said ltounty► atald dasort:bd an follms: A str#p of land 100 few. in width. lying 50 feet on rich side of the fid1ev#% doterib" center linen COMMM at the intersection of the aasartheastesly molonsettes of the cantor 23,as of the alley (10 Feet Wide) In S2oik 1" of the &elm Tract,, as pas amp E'er in took 40 13 of KfAsollaaeaeatas Maps in the office of said tlats�. With the Centect lane 01 said lWfoot Witt strip of laud described to said dead; thane southeasterly along last mentioned contour line 2" fact to the True Point: of &qladug of the *outwit tabs described; two ce"ti>saciaag as Al mated *left said center line of the VA- Wide step of Lend described in said decd, +iii f ► tact* or less, to s polar* in the northerly lease of that aertaia postal of land described is deed to _the City of daarpoart Deaths, recorded im Book 3930, fie 13 of Dues in the Offiso of said Recorder. The side Batas of the abtrve described strip of land, 10 foot to Width, twolusto northerly ear a lute dram at 'r� angles to else above bad center lice said said las3nt of AsolmaJUmSp and temsaiste southerly iaa said) northerly ekes. tam a i A a of land 24 feast :in Width U146 all the portion of the northeasterly 24 Seat of said 100-foot Wide atasip . of i land describoal in Said dead to Faeifte 8loatrie Railway Coape>s$ the aottbe+staaarly prof taion of the nrrth- Woozatly Lime of 23wd Street M !fit +aridae) as shwas an leap of ft Dsub recorded ear Book 3, JI&V 26 of itiscellanoo+ra I. t4sppss, the OHL; of said Recorder northerly to the sow- eriy line of that certain Parcel of Iaaadl rdascr!ed in dead to j the City of Newport 8eea sho rescoardod in hook 932, Pulp 15 of Hoeda► to the Office of said Recorder. 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 MOM a y strip ai Iay t, 7 - foot aide, lytteg 50 feet as aech Side of th0 following 4"criTaed center Lim-, xw=aw at ties Intagrseestiee Olt the northeasterly pror losgation of tbs emiow lime of ties alloy (10 fast wide itt Slooat 129 of tldkue Lsio$ 'ilreat# ,es par recorded its teal 4, p�o 19 Of Mosallarasaeats atap0l, is tkea iDffirl of the eOSBer of said County with tbO ceetl:az Iiae Of said 1,00•isoot wide strip of land Aesarrib" sae said dead to Pacific Electric Pailaay �; theatre swabeeaetorly along Last mentioned OWN The side litres of the slbove described strip Of land. too feet in width, bowninate northerly in said aaortboastarly pralonstion Of the center line of said alley, and toxw& ate southerly in a line draeaa at cigbt angles to the *be" 4o- scribed center line through the sawtherly terminus thereof. Subject to oasamaalta, restriutiosls, rss rv&tioni, canditions and covenants Of record. »YliG AXD RUMIM Una ttfraeateer, its s eaooaso s and asaigaas, ftraros the title erect: Delusive right to all of the aeiaesarala, sianrenl fares and products of WWY kw within or underlying said Lard below a depth of 30 f6ato inclndiee6 Wit 1i�tins the ;gnwea oUtyy' Of the , all pet�roleme oil, natural ,and oearbot sttb$tyltMeN . WITH Ides of = �a�eo bonoeth the surface of said Lard to f�fare for, ex"*at, tasLM steed Noosoo the semw, does the xight to maLotain well Males 0~ said land for the plaerpeso of re40�s111 wtmcf$ from bttHDt` , Ik ether Such lama acre a410 or remand, end Awarry riot. end use taaasseary or 1ta�s1 to stash rigant$ rlbwk also eel include lateral far slaws driiliaao, bo�riseg beau; oar :lock n of we3lae shafts or tunowla; l= that Garantorr, its sweea*orrs and $salgen1 $10111 not nee ear enter Vpoo the Z;face of Raid Is". and shall met disturb Imewtsraeraa is tba --- - 6 and $ball not pasetrats or remove slaten�ss within 5C0 feet of time SUrfanaa. ALSO RMWIM UM GRAMM the rrif gRrt of surface accedes over Parcel f In wear to pi wtide irtgraef and ogre" am said prop• arty to the adjo�s inin property of tail such timm as said Fae+vael 2 toptornad as s pubiies atyreat. Thersafter, awwwor SWU bow aaareu to saaid street subject to applicable r04011aaifas Of the public body having jurisdiati,on thereof, TO, mad is accordance, withs, all spplicable State and Local lo"i and , said ianedvertlaarye L in acco r0:enc* with the Agree- mat to pu rehase said p yi 1Mf v TMW=a alit IT IMSaLUi D that said indenture be accepted and the City Clark is anathorized and directed to eac+eeutas i and attach a aOtrtifiaetritO Of a aq�tetxaya and caWant to the racordiaag I w l I I; i II 1' 21 3'i 4 1 5I, 6� I 7� I 8t 9 l0 111 121, '3' 1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of "AA indmtwe to the CouUy Recorder's offiee. ADOPZZ9 at sm adjourwd regular mostift this I th day of i city i i I i � I I I i I i i I f I I i { I I I I j I i i I ( I I i I i i r s ,3. I WWC 3 , O (12) i' it j i� 1 2 3I 4 it 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 A RESOLQTIO' OF = CITt f;OUt.L1:. OF Ti1L CITY OF WWPORT BF.F.:'=i AML,'Lijjj,,4G ZESOL11TJOJ� NO. 5236 WHICH ADOPTED PRECISE PLAN No. 5 i i WIEG- ul.S, the Planning C.ougaission by Resolution ado. 6J0 recce- mumded adoption of precise plan go. 5 of the Street and Highws� unit of the Master Plan; a-ad i WHERYAS, the City Council, by Resoiucion No. 5236 adopted i said Precise Plan No. 5 in ectordsmce with said recosumnd,ation; and WHEREAS, said assolution :ao: 5236 adopted nan "C" as shown on Drawing No. 126 -2931 on file in the office of the City Engineer as Precise Plan No. 5 of the Street end Highway unit of the Master Plan for the realignment. of Newport Boulevard between 23rd and 30th Streets; and W11EBEA.S, a uew drawing =sabered L -2950 has been prepared and i.s on file in the of flee of the City Engineer which more precisely and appropriately depicts said Plan "C" showing the re- alignment of Newport Boulevard between 23rd and 30th Streets; and WHERSA9, it would be convenient to approve said Drawing No. L -2950 and substitute the same for Drawing loo. 126.2931 in order to show more accurately said Precise Plan No. 5 as adopted; NOW, THEREFORE, BE IT RESOLVED that Resolution No. 5236 be amended to substitute Drawing No. L-2950 for Drawing Na. 126- 2931, both of which are an file in the office of the City Engineer. AAOP'SD this i,Bth day off; :boric, 1960.,, 6TTE5T a (� city er h N �l z it I li ii dj 1. CITY OF NEWPORT BEACH COUNCILMEN Page 237 - Volume 13 Index (May 16, 1960) • Market Basket, 3100 Balboa Boulevard, on May 19 20, and 21. (b) Temporary, R. L. Valois, Operations Super- visor, Market Basket, 3100 Balboa Boulevard, public address system to be used on May 21, 1960, between the hours of 3:00 and 4:00 P.M. (c) Russell C. DeOrto, DeOrto Investigations, 7471 Dunkirk Avenue, Highland, private investi- gations and Harbor Patrol. (d) Barry L. Nanney and Richard L. Smith, dba Harbor Amusement Company, P. 0. Box 1591, Newport Beach, one miniature pool and one electric rifle games, located at the Pub, 6450 West Coast Highway. (e) Exempt, Esther E. Johnson, President, American Legion Auxiliary, Newport Harbor Unit • #291, 15th and West Bay, soliciting of donation: for poppies on May 20 and 21, 1960; business establishments only. ADDITIONAL BUSINESS: Union Oi (d) The City Manager and the City Attorney were Station authorized to open negotiations, including any CA -113 appraisals necessary, to acquire the necessary part of the property known as the Union Oil station. Budget (e) Budget Amendment No. C -112, in the amount o Amendment $224,275, being an increase in Budget Appropri- CC 102 ations from Unappropriated Surplus, Gas Tax Fund, Capital Outlay Fuccyy�� General Fu , Streets, Land and Land &hts, for t giyY- ATTEST: Page 237 Motion Roll Call Ayes Absent Motion All Ayes Motion All Ayes Motion All Ayes I 1. (Agenda Items D -1(a), (b), (c)) PACIFIC ELECTRIC ACQUISITION: R 5236 (a) Planning Commission Resolution No. 650, Precise recommending an alternate plan for adoption as Plan #5 Precise Plan.No. 5 of the Street and Highway CA -113 Unit of the Master Plan, for the realignment of CA -128 Newport Boulevard between 23d and 30th Streets, being "Plan C" as shown on Drawing No. 126 -2931 was presented. The recommendations of the Planning Commission for acceptance of said "Plat C" were accepted, and Resolution No. 5236, adopting Precise Plan No. 5, was adopted. Parcels (b) A discussion ensued regarding the acqui- 1 2., 3 sition of additional property as needed to 0_113 accomplish "Plan C." The City Manager and the City Attorney were instructed to open two escrows on Parcels 1, 2, and 3; Parcel 2 to be paid for from Gas Tax. Funds; Parcels 1 and 3 to e paid for from a combination of Funds.. (c) The City Manager and the City Attorney were Parcel 4 instructed to open negotiations with the object & 5 of acquiring Parcel No. 4, commonly known as CA -113 the Cagney, Parcel, and Parcel No. 5, commonly known as 'the depot" parcel. Union Oi (d) The City Manager and the City Attorney were Station authorized to open negotiations, including any CA -113 appraisals necessary, to acquire the necessary part of the property known as the Union Oil station. Budget (e) Budget Amendment No. C -112, in the amount o Amendment $224,275, being an increase in Budget Appropri- CC 102 ations from Unappropriated Surplus, Gas Tax Fund, Capital Outlay Fuccyy�� General Fu , Streets, Land and Land &hts, for t giyY- ATTEST: Page 237 Motion Roll Call Ayes Absent Motion All Ayes Motion All Ayes Motion All Ayes I CITY OF NEWPORT BEACH Page 238 - Volume 13 Index (May 16; - 1960) • sition of Pacific Electric property for Newport oulevard street construction, was approved. Z on ingz 2. (Agenda Item D -2) Due to the new development in PE area Pacific Electric area,. the Planning Commission CA -10 was requested to reconsider the existing zoning in the .area, with a view to the general upgradi of the area. Montere 3. (Agenda Item D -3) Consideration of an amendment 011 Co to the Natural Gas Contract with Monterey Oil contract Company was held over at the request of the Cit C -595 Manager. Dist of Columbi Home Ru CA -66 • Junior CA -35 Adjourn 40 C� 4.. A letter to Mayor Stoddard from Richard Carpenter, Executive Director and General Counss of the League of California Cities, to which was e attached a copy of a memorandum from the League of California Cities dated April 28, 1960, re- garding restoring Nome Rule to the District of Columbia, requesting the Mayor to urge that the California Congressman who had failed to sign the Discharge Petition be requested to sign said Petition which would bring the District of Columbia Home Rule Bill No. HR4633 to the floor of the House of Representatives for debate, was presented. The letter was ordered filed. 5. The City Manager stated that the American'Legioc requested the use of a portion of Las Arenas Park on May 28 and 29, 1960, to hold a carnival to raise money for Junior Legion Baseball. Mr:. Sam Mitchell, representing the Legion, spoke from the audience. The City Manager was authorized to issue a permit for said carnival. 46. The meeting was adjourned. IMING�! r & rie AO. TOs CITY COUNCIL FROM. City Manager and Public Works Director SUBJECTS PROGRESS REPORT ON WIDENING OF NEWPORT BOULEVARD BETWEEN 23RD STREET AND 32ND STREET > In accordance with the Council's request, a further study was made to determine the feasibility of Plan A, and the use of an Assessment District in financing it. A review of the subject indicates the following steps should be completed to arrive at any accurate determinations 1. Obtain the values of existing buildings from an appraiser. 2. Obtain moving and remodeling costs from a contractor. 3. Tentatively apportion the total project cost among the City, property owners, and an Assessment District. 4. Determine proposed boundaries of the Assessment District.. 5. Draft agreements with individual owners to provide fors a. Exchange of Newport Boulevard frontage for equal area of P. E. property. b. Purchase of surplus P. E. property. 6. Commence agreement negotiations. (Successful negotiation is contingent upon execution of 100% of the agreements) 7. Institute Assessment District. 8. Proceed through Public Hearing. Considerable delay may be encountered in the execution of agreements as well as in the establishment of the Assessment District. On the west side of Newport Boulevard, property owners will have to be convinced that the long —range advantages of Plan A will outweigh their revenue losses during the period of constructions Some of these owners have already expressed preference for Plan D. Even under Plans B, C or D a portion of the cost could be defrayed by assessing these properties. To induce the east side property owners to participate, cost of their assessments (under Plan A) must outweigh any hypothetical disadvantage of a one—way street. Under Plan B, C or D these properties would probably not be encumbered with assessments. The success of the Assessment District is tied to participation by a majority of the properties on both sides of Newport Boulevard. s • • Page 2 Since our last report to Council, it has come to our attention that P.E. ' can convey only Parcels 1, 2 and 3 (see attached map) but cannot convey Parcel 4 without prior consent of the Lessee. The Lessee, Mr. Cagney, is perfectly willing to cooperate on area needed' for street purposes but intends to retain the balance of the parcel for private use. The City Attorney advises that only that portion of the Cagney parcel required for street purposes could be taken under Eminent Domain proceedings. Thus, Plan A would apparently require outright purchase of the Harbor Investment Company's land and improvements with a resultant cost increase. Until a precise plan has been adapted, the purchase of any area for street purposes in Parcel 4 is inadvisable. Undue delay, on the other hand, may complicate the acquisition due to change of price or development by the Lessee. With this new information at hand, the Council may wish to weigh the merit of adopting a'less involved plan. Although Plan A may have certain planning advantages, just the determination of feasibility of this plan will require considerable time delay, additional investigative cost and the cooperation of a majority of property owners. Ultimate best land use and availability of parking is difficult to project irrespective of the plan chosen,, therefore, is the far greater cost of Plan A a justifiable investment? Is Plan A a reasonable "risk" of public funds in the uncertain interest of land use, remembering that the City's first and basic obligation is to move traffic safely and efficiently? Respectfully submitted, Donald C. Simpson Public Works Director Robert Shelton City Manager Note; See reports dated 3/11/60 and 3/23/60 for previous information. DCSsek 5 -5 -60 �� o =■ O C:) CID 1 1 LU Lu t4 ?4 l w X a • RIM ML 1. Percale' #1 and 3 4.135050 2. Posed #2 45,925 3. Additiona118epot Parcel 7,680 4. CUmay . Pasaal . 60' hide IItr p . 14,700 50 Sesvlae- StOlon Pasegl at 30th 210060 i 6; Constsoetiom ....,...bF 606. . #:;291,275 Gas Taw FvQd . Items #2,.,3, 4, and 6' ¢ 139,225. Capital_Outlay.Fund Items and 5 156.050 - S 2910275. i COUNCIL MOTION RE PE ACQUISITION AND NEWPORT BOULEVARD IMPROVEMENTS MOTION: The City Council considers Plan "A" not feasible, and requests that the Planning Commission re- examine alternative plans. The City Council must act promptly to accomplish purchase of Pacific Electric right of way, and adoption of a street improvement plan must precede the purchase. A report dated May 5, 1960 from the City Manager and the Public Works Director is transmitted for the information of the Commission. The Council requests early review and recommendations from the Planning Commission including specifically the Commissions conclusions regarding both Plan "B" and Plan "C" The Council suggests that the Commission meet this week so that Council action may be taken at an adjourned Council meeting May 16. The Planning Commission meeting should be publicized so that the public, and particularly property owners in the vicinity, may be present to express their views. The City Manager is directed to attend the Planning Commission meeting to discuss financial aspects of the matter. JHR:hh 5/16/60 0 i RESOLUTION NO. 650 ft 3G A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING PRECISE PLAN NO. 5 WHEREAS, the Planning Commission and the City Council of the City of Newport Beach have heretofore adopted a Master Plan for land use, streets and highways and parks and recreation; and WHEREAS, it now appears that precise plans with respect to planned rights -of -way are required for the systematic execution of the Master Plan; and WHEREAS, the Planning Commission, by its Resolution No. 649, adopted on April 7, 1960, had recommended to the City Council a certain plan for adoption as Precise Plan No. 5 of the Street and Highway unit of the Master Plan, reference to which said Resolution being made for the particulars thereof; and WHEREAS, The City Council has determined that the plan recommended in said Resolution is economically impossible for the City to achieve presently, and has requested the Planning Commission to review alternate plans for adoption as Precise-Plan No. 5; and WHEREAS, The Planning Commission has reviewed such alternate plans, has reviewed Drawing No. 126 -2931 on file in the office of the City Engineer, and approved the realignment of Newport Boulevard between 23rd and 30th Streets in accordance with Plan "C" as shown on said drawing; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Newport Beach that Plan "C" as shown on Drawing No. 1262931 on file in the office of the City Engineer be recommended to the City Council as an alternate plan for adoption as Precise Plan No. 5 of the Street and Highway unit of the Master Plan for the realignment of Newport Boulevard between 23rd and 30th Streets; that said recommendation of Plan "C" does not include any recommendation as to the rezoning of abutting properties or as to street pattern for any new local streets shown on said Plan "C ". Regularly passed and adopted by the Planning Commission of the City of Newport Beach, State of California, on the 12th day of May, 1960. AYES- Clemence. Copelin, Ficker, Hudson, Lind, Marshall, Skinner, Steelman NOES. None ABSENT: Rudd Secretary Chairman t 2 r 3 4 5 ' b v 7 9 10 � y s d 1 t� R E S 0 L U T 'I .A Nr \. A Special Meeting-,of the Board of Directdrs of the West n y" Qewport Improvement Association was called to consider the future kx xses and improvements most suitable in the development of th® Pacifi 'slectric Right of Ways extending from 33rd Street westerly to the.,,_. ,V Santa Ana River boundary Zino,, in the City of Newport Beach Californ a - At this meeting a discussion was had regarding past propo -,� submitted for the development of this area and it was agreed t it was only reasonable and proper to assume that in the future r proposals for subdivid,ing,improving,and developing of this are d again be presented to the City Council and the City Planning for consideration, end 12 Whereas$ it was unanimously agreed that the`Board of Dir- 13 ctors should make a report to the City Council and the City Plann- 14 Lng Commission setting forth its findings, suggestions, and recomm- 15 ndations regarding the future improvement and development only of 16 he Pacific Electric Right of Way in this area, 17 IT WASpTHEREFOREpRESOLVED., by the Board of Directors of the 18 Vest Newport Improvement Association that the following report of 19 aid Directors be ,submitted'to the City Council and the City Planning 20 ommission for their attention and consideration in making any de- 21 bisions on any plans or improvements of the Pacific Electric Right 22 pf Way; 23 The Board of Directors of the West Newport Improvement 24 ssociation after due consideration report the following conditions 25 xisting in the Pacific Electric Right of Way Area between 33rd $tree 26 nd the westerly city boundary at the Santa Ana River and offer the 27 ollowing information and recommendations; 28 1. That Balboa Boulevard was widened,in 1952 -532 from 33rd 29 Street up to its intersection with Coast Highway at 47th 30 Street by the City..This vdidening project provided for 31 parking only on the south side of Balboa Boulevard and 32 completely eliminated some 15 ?docks of public street 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 parking or spaces for about 105 cars. 2+ That on all cross streets going south Prom Balboa Boulevard to the Pacific Electric Right:':of Way and exte -s4 ing between 33rd Street and 47th Street parking is allo ed only on one side of said streets. 3. That there are now 394 lots, zoned R- 2,between 33rd Street and 54th Street between the north side of the. Right of Way and the south side of Balboa Boulevard in which section there is only 250 available parking spaces including those in the center strip of Balboa Boulever d. 4. That, presently, from 33rd Street to Summit Street alon Seashore Drive roadway there are 297 lots,aoned R -2,or two units per each lotjp for which there is no general Public street parking available. The only parking along this entire stretch is available on the short stub end at extending from Seashore Drive southerly to the beach or shore line,,even on many of these stub ends park. ing is prohibited on the street sides where fire hydrants exist. That from 33rd Street to Colton Ave along this roadway the only parking available is in front of the property owners garage or garages and from Colton Ave westerly for the next seven (7) blocks additional space is available in front of some 14 houses that face said Seashore Drive. 5. That over this entire area,from 33rd Street westerly to the city boundary line,there are only two cross over or through streets that connect to the ocean front area; one is at 36th Street off Balboa Boulevard and the other at Orange Ave off the Coast Highway and these two streets are scene 6600 feet apart. 6. That properties facing on the same streets in this secti, are assessed at the same value although one provides for stre et parking in the f rant of the property while the ot] 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 •�w - • prohibits 7. That this area lies on a peninsula with no other -de- sizable. areas available for public parking protections; th*t no parking is allowed in the al lays and property owners should not be compelled to park the car in the garage after each time it is used. 8. That the west Newpm t Area has been responsible for the production of some $4670144.40 of oil revenue., from 1950 up to Burch 1959v which was spent by the City for the benefit of all taxpayers of the City and expended by the City for several years through the General Fund and just recently through the Submerged Land Oil Fund. Thatsal- thoughl there is no need. to renew the arguments against oil drilling in this area relative to the,noises,, odorsp and depreciating values of property,, it is mentioned here only to serve as a reminder that the City should not accept that type of proposal that would cause a reduction of values in this area. It is the Directors belief that the acceptance of say proposal that w.uld fail to provide for proper streetssstreet wideningp street crossings$ and parking in this section vD uld have positive tendency to lower the values of the property. 9s That at the present time the entire Pacific Electric Right of way,from 33rd Street to the westerly boundary line of the City is needed andrequired for the widening of Seashore Drive,, so that this roadway could be upgraded from an alley status to a street level stet usp for the addition of at least two more cross overor through streets connecting the ocean front with Balboa Boulevard and other paralleling streetsp and for the w esent day demands for parking in this area. 10•. That, under no circumstances, should the City Council 2 or the City Plann`i'ng Colmpission.4-ccept and approve any 3 plan or project for t he development of this ar ea which 4 vo uld create a greater inadequacy of the parking facil- 5 Y' ities than now exist and that the acceptance of any pla 6 Ah ich would'no1 include the widening of Seashore Drive, 7 nor include at�`~least two more crossover or through 8 streets joining the ocean front with the boulevard or 9 streets north of the Right of Way between 36th Street 10 and Orange Ave, or which would not provide at the very 11 minimum additional public off street parking in the 12 Right of Way on all through or Gross over streets 13 would definitely m& e this entire area more hazardous, 14 more inadequate from the parking standpoint, and would 15 undoubtedly tend towards a depreciation of the land 16 and property values and should be regarded as a sub- 17 standard plan, 18 lie The Directors suggest the use of parking meters in the 19 public off street parking areas on the Right of Way to 20 allow a graduated scale of increased fees for Holidays 21 and the Summer Season. Relative to other modes of fin - 22 anci development in this area b the City., n8 P y. Private 23 interests, or bath, the Directors felt that the Citg 24 Council was better informed and better qualified to 25 ay p present inadequate find ways and means to improve the . 26 situation in the West Newport area. 27 Regularly passed andedopted by a unanimous vote of the 3 28 Directors this 7th day of June, 1959. �j 30 President 31 32 Secretary C 0 P Y R E S O L U T I O N A Special Meting of the Board of Directors of the West Newport Improvement Association was called to consider the future uses and im- provements most suitable in the development of the Pacific Electric Right of Way, extending from 33rd Street wasterly to the Santa Ana :fiver boundary line, in the City of Newport Beach, California. At this meeting a discussion was had regarding past proposals submitted for the development of this area and it was agreed that it was only reasonable and proper to assume that in the future other proposals for subdividing, improving, and developing of this area would again be presented to the City Council and the City Planning Commission for consideration, and Whereas, it was unanimously agreed that the Board of Directors should make a report to the City Council and the City Planning Commission setting forth its findings, suggestions, and recommendations regarding the future improvement and development only of the Pacific Electric -Right of Way in this area, IT WAS, THENUFORE, RESOLVED, 'by the Board of Directors of the West Newport Improvement Association that the following report of said Directors be submitted to the City Council and the City Planning Commission for their attention and consideration in making any decisions on any plans or improvements of the Pacific Electric Right of Way: The Board of Directors of the West Newport Improvement Association after due consideration report the following conditions existing in the Pacific Electric Right of lay Area between 33rd Street and the westerly city boundary at the Santa Ana River and offer the following information and recommendations; 1. That Balboa Boulevard was widened, in 1952 -53, from 33rd Street up to its intersection with Coast Highway at 47th Street by the City. This widening project provided for parking only on the south side of Balboa Boulevard and completely eliminated some 15 blocks of public street -1- parkin; or spaces for about 105 cars. 2. That on all cross streets going south from Balboa Boulevard to the Pacific Electric Right of (Jay and extending between 33rd Street and 47th Street parking is allowed only on one side of said streets. 3. That there are now 394 lots, zoned R -2, between 33rd Street and 54th Street between the north side of the Ught of Way and the south side of Balboa Boulevard in which section there is only 250 available parking spaces including those in the center strip of Balboa Boulevard. 4. That, presently, from 33rd Street to Summit Street along Seashore Drive roadway there are 297 lots, zoned R -2, or two units per each lot, for which there is no general public street parking available. The only parking along this entire stretch is available on the short stub end streets extending from Seashore Drive southerly to the beach or shore line, even on many of these stub ends parking is prohibited on the street sides where fire hydrants exist. That from 33rd Street to Colton Ave along this roadway the only parking available is in front of the property owners garage or garages and from Colton Ave westerly for the next seven (7) blocks additional space is available in front of some 14 houses that face said Seashore Drive. 5. That over this entire area, from 33rd Street westerly to the city boundary line, there are only two cross over or through streets that connect to the ocean front area; one is at 36th Street off Balboa Boulevard and the other at Orange Ave off the Coast Highway and these two streets are some 6600 feet apart. 6. That properties facing on the same streets in this section are assessed at the same value although one provides for sheet parking in the front of the property while the other -2- prohibits it. 7. That this area lies on a peninsula with no other desirable areas available for public parking projections; that no parking is allowed in the alleys and property owners should not be compelled to park the car in the garage aftes.- each time it is used. 8. That the West Newport Area has been responsible for the production of some $407,144.40 of oil revenue, from 1950 up to March 1959, which was spent by the City for the benefit of all taxpayers of the City and expended by the City for several years through the General Fund and just recently through the Submerged Land Oil Fund. That, although, there is no need to renew the arguments against oil drilling in this area relative to the noises, odors, and depreciating values of property, it is mentioned here only to serve as a reminder that the City should not accept that type of proposal that would cause a reduction of values in this area. It is the Directors belief that the acceptance of any proposal that would fail to provide for proper streets, street widening, street crossings, and parking in this section would have positive tendency to lower the values of the property. 9. That at the present time the entire Pacific Electric aght of Way, from 33rd Street to the westerly boundary line of the City is needed and required for the widening of Seashore Drive, so that this roadway could be upgraded from an alley status to a street level status, for the addition of at least two more cross over or through streets connecting the ocean front with Balboa Boulevard and other paralleling streets, and for the present day demands for parking in this area. -3- 10. That, under no circumstances, should the City Council or the City Planning Commission accept and approve any plan or project for the development of this area which would create a greater inadequacy of the parking facilities than now exist and that the acceptance of any plan which would not include the widening of Seashore Drive, nor include at least two more crossover or through streets joining the ocean front with the boulevard or streets north of the 'fight of Flay between 3Gth Street and Orange Ave, or which would not provide a the very minimum additional public off street pa-rkin.7 in the might of ; ,Tay on all through or cross over streets would definitely make this entire area more hazardous, more inadequate from the parking standpoint, and would undoubtedly tend towards a depreciation of the land and property values and should be regarded as a sub- standard plan. 11. The Directors suggest the use of parking meters in the public off street parking areas on the Righ- of Way to allow a ;raduated scale of increased fees for Holidays and the Summer Season. relative to other modes of Y inancing developments in this area by the City, private interests, or both, the Directors felt that the City Council was better informed and better qualified to find ways and means to improve the present inadequate situation in the West Newport area. Regularly passed and adopted by a unanimous vote of the Directors this 7th day of June, 1959. /s./ L. C. Newman President /s/ Iola Newman Secretary a 0 Excerpt of Minutes of Council Meeting held March 9, 1959. See Volume 12 - Page 167. "The City Attorney requested authorization to extend the time to close the Pacific Electric Company escrow to Friday, March 13, 1959. Said authorization was granted." U CITY OF NEUPORT BEACH CITY o.TTCI nIry DEPARTMENT To: The Honorable '?ayor and City Council From: City Attorney rr� . ,;y V Date Subject: Acquisition of an portion of Pacific Electric property Pursuant to the recuest of the Pacific Electric Acquisition Comiiittee, the attached motion has been prepared. it rai11 authorize and direct the City Nanager and City Attorney to obtain appraisals on the Pacific Electric property bounded by Newport Boulevard, Twenty -third Street, Balboa Boulevard, and Twenty-sixth Street, and certain Pacific Electric property lying northeasterly of and adjacent to Balboa. Boulevard between m;aenty- sixth Street and Thirty -first Street. The appraisals are necessary to determine the approximate cost to the City of acquiring the property necessary for ,widening Merport Boulevard and Balboa Boulevard northerly and westerly from their inter- section. ?:u?;!C: roe ncs. cc - City P °.anager Walter W. Charamza City Attorney T!OTTON PROVED by Councilman SECONDED by Councilman that the City Manager and City Attorney be authorized and directed to obtain appraisals on the Pacific Electric property bounded by Newport Boulevard, Twenty -third Street, Balboa Boulevard, and Twenty -sixth Street,.and certain Pacific Electric property lying northeasterly of and adjacent to Balboa Boulevard between Twenty - sixth Street and Thirty- first Street, for the purpose of determining the approximate cost to the City of acquiring the property by condemnation, if necessary. A qff- C0PY0 • PACIFIC ELECTRIC RAILWAY COMPANY April 22, 1958 City of Newport Beach City Hall Newport Beach, California Attention: Mr. J. B. Webb Public Works Director Gentlemen: Permission is hereby granted to the City of Newport Beach to enter upon our lands between a point southerly of 22nd Street (McFadden Place) and 23rd Street, and bounded by Newport, Balboa, and Coast Boulevards, and also a triangular parcel on the northwesterly side of 23rd Street at Coast Boulevard, as shown outlined by yellow tint on attached print of Pacific Electric Railway Company's cancelled Drawing C.E.H. 21984, revised January 27, 1958.. It is understood that this permission, or occupation thereunder, is not a waiver in any way of and is without prejudice to the right to compensation fo-_ such lands or of any ramedy authorized by law to Secure payment therefor. This permission is ;ranted on the understanding that you will hereafter, without unnecessary delay, acquire this O.bO3 of an acre, more or leas, under threat of condom *.nation on or before July 1, 1958, or as soon thereafter as good and sufficient title insurable without exception other than City and County ?roperty ta-..es and easements now held by the City of Newport teach, is conveyed to you, for a cash consideration of $80,850.00 subject to the followin- reservation and conditions: Reservation: Oil, gas and mineral rights to be reserved, but not the right of surface entry. Conditions: (1) Expense for policy of title insurance, internal revenue stamps, and escrow charges shall be paid by the City. (2) The Railroad is to remove the portion of the track not paved in. City to permit abandonment of track across 23d Street in place and relieve Railroad of any further obligations with respect thereto upon City's taking possession. (3) City to take property subject to exceptions numbered 1 2 and 4 of preliminary report of title dated March 20, 1658, issued by Title Insurance and Trust Company, Orange County Branch, and being numbered 253511. • • Page 2 Very truly yours, PACIFIC ELECTRIC RAILWAY COMPANY By /s/ D. R. Lewis Vice President - General Manager 2 -b ACCEPTED SUBJECT TO .ABOVE CONDITIONS City OF 'PTNTORT BEACH By City Council Date May 12, 1958 robrulwy as Ing Pacific cQQpdW-;O�' Poe LM-Ummoft" ullvw Company Pacific Rlootals Building 610 South Now Samt Los Anselem 14. CaUtoguLa Atlas W. Z. 11mm VA@mv Numiew Land and TM Deponment Purommut to autbarity Scontod by de CLOW COWAII of do City of Newport Bes"I you we hardw advised dot do "4W flodo it necommy to aoqmuv Sor oft"t impmvnw meat = pmpwty wand by do smtb� Facifte 400dow and/or ftciflc ""tVIC RMAIMF Company to tbo City of Newport bomb, dammLbod " fellows: ftOWtY CMUSUSIRS, OPP"WhimstaW Xlv404 04"" Fast bWAWINd by MMqWt Boallpipordg, 23rd Shoat. Balboa Boulewwds fad mcft "OR Place; and propwcy am -4njW& oppv*4Lqacdy 4" 89AM feet at the nordommoliorly Comm 09 the W&COODUM of Balboa lMdfvwd and 23rd Strimote Tom We fordw odrimad that in do Ovgut "at tha 0411111941 and 00 MY 60 not apes on the tftm and cou"tiona 09 & 1111MOU&I16d Pw*bom Mild oala of subject pn*wti"& dke CLOW 09 NOmport Smach, will AmoUtaft pmemodallgo to mdumt dowaft for the a*qmUItIm of alloo. Staffil Room SMLTW. City CC: City Attorney City Clark (% Blind coplam, To: Councilman dart Councilman Stoddard Public WDrU Director Finance Oftector .�._..' � i �.�`` -rte January 160 1958 Mr.-a. J. Pajallch. Secretasy PublU Utilitiog Commission State of California California State Building Sea practises 20 calitornia DW Sir: On January 13 the City Council officially received your letter of V a I Y 27 am ruing the Intention of the Pacific Electric A&:U1Mq COMpOny to Chao" the status Of Its local station from an agency Station to a CIA" "A" non-agency station, offee- tive January 34, I"S. The City Council does vat desire to pro - tut this proposal. On the contrary, the thongs In the status 9f 00 station 14 essential to the accomplisbanst of plane apptroved by the City end the Pacific Electric for critically see" *treat Improvements in the was. Pacific Electric end City officials met yesterday with Messrs. Nausea Vilson and SOY boscove local shipperes who have filed protests to the proposed change in the sums of the station. After howift of do Rollrood•m and the City's plans. both Mr. Wileas and Mr. bosew stated they mould wit* to the Public VUI&ti" Uumd"Ift mitbdravIng their protests. We understand that no other protect* have bass filed to date. Howev rx If any protests we fit" before January 240 we urgently request that Immediate advies of such protests be transmitted to this office by memo of a collect tal I I call If necessary, We understand that such advice mould be transmitted to the Pacific Electric in am ca". The reason for this request to that we mould like the opportunity to met with say future Protestant* prior to the January 24 deadline in the swot that they an nisInformed about the plans of the Railroad and the City and, Ilia vwgwowilgee and moscome "VIA Tecossider their protest. It the matter is protected and sust be set for bowing by the Commission the liabsent of wSently needed street lopwooments, Involv- I" Pacific Electric propwtyo will be indefinitely delayed. If the proposal to not protected the Improvemouts can be cos - plated prior to the casing summer seasons and tboraby relieve ROBERT SHELTON NZWORT BZhCHt CALIF. AS ALL PROTWIAM HAVE WITHDRAWN THEIR COMPLAINTS PACIFIC ELECTRIC RAILWAY CO. HAS BEEN ADVISED TO PROCEED WITH THE REDUCTION OF AGENCY AT NEWPORT REACH. CAUMNIA PUBLIC UTILITIES COMMISSION r COMMISSIONERS PETER E. MITCHELL, IRREpm..I JUSTUSF. CRAEMER RAY E. UNTEREINER MATTHEW J. DOOLEY REX HARDY ADDRESS ALL COMMUNICATIONS TO THE COMMISSION rnhlir I ilitirs (11nmmissinn STATE OF CALIFORNIA December 27, 1957 City Clerk City of Newport Beach Newport Beach, California Dear Sir: FILE N.. GO 36-B Liu" CA LIFO BXIA STATE BUILDING BAN FRANCISCO 2. CALIF. ✓ �J ` v The Commission has received from the Pacific Electric Railway Company a notice of intention to change the status of Newport Beach? Orange County from an agency station to a Class "A" non - agency stations effective January 24, 1956. The company states that: o r- ` 0 V#<AA,, v (1) The nearest Pacific Electric Railway Company agency station to Newport Beach is Huntington Beach 5.27 miles to the north7 and there are no stations to the south. Q (2) Sale of passenger tickets at Newport Beach �0 �� �¢ was discontinued effective August 15, 1957• AFC F oo (3) If the proposed change is placed in effect, the clerical and related work in connection with freight traffic originating at or destined lip Ue to Newport Beach will be performed at the Pacific Electric Railway Company's agency located at 420 Lake Street, Huntington Beach. (4) If the proposal is placed in effects the physical handling of carload freight traffic to and from Nec,rport Beach will continue as at present. Less carload traffic will continue to be handled by direct truck pick -up and delivery service. (5) Huntington Beach agent will visit Newport Beach carload customers daily, or as may be necessaryt to assist in the details of handling current business. City Clerk - 2 - December 26, 1957 (6) Toll -free telephone service from the Newport Beach area to IT untington Beach Agency will be provided. I£ you desire to make any representation or protest with respect to this proposal, an early reply will be appreciated. Very truly yours, PUBLIC UTILITIES COHI�ISSION5 STATE OF CALIFORNIA By PA, AL 5 Secretary u.�.� e� C"_'P �- 1., t CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER M: 57 -58 -9 Tv': MAYOR AND CITY COUNCIL F.It4: Robert Shelton, City Manager i•., TliM VITH PACIFIC ELECTRIC RAIL ?SLAY OYFICULS NOtVeMER 29; 10,57 Z' �y At the request of M.-yor 0111, Councilmen Stoddard and Hart, C -.t�?: :::: r .:ur. -r• ix :^a Cit _ Manager Shelton, and Public torha Director Webb, met in L cra toco'_.ea anber 29 with Do Re Lewis, Vide President said General Manager, Mr. 2. D, Y "unr.,,i- Attorne.v, :grad lir, E.. Van Dusen, Manager land and Tan Departmeot of fi,R ziectri" Railway Company. City officials reviewed recent events involving study t-f traffic glom. c row pats in the area bordered by 32nd Street, Hewport Boulevard, Balboa B ulavard, and iFcPadden Place. A map depicting the Faustmae proposal f,-.r » ' irztion of - traffic. between McFadden .Place and 23rd Street, and proposals fQr 'ideniu�r of Newport Boulevard, Balboa Boulevard„ and 32nd Street, was explafuod and left with the PE officials for study. City officials emphasized the following points: 1, The City's.first obligation is to increase the capacity. of sttt;e *ts= to. handle present and .projected traffic loads with.a minimum of cotagestl.00� Tho Provision of off-street, parking in connection with, or as a consequanre :f strea;t irap%* ovom—nt projects is desirable, but not a. primary obligation of the Cite_ 2, There is genera }� approval locally of the Fauat_man plan for th- wi,tel- t3ation of t"afff Street and McFadden Place, 3, It is apparent that Balboa Boulevard must be widened and that 3*vport Ms iJe�vasd must either be widened or made a part of a one - -spay couplet, and thwt, t =ff a a_o ecis require acquisition of Pa (tific gleatric property. 4. It is desirable from the City's standpoint, and probably from tim €railroad's standpoint, that in the pricy°ass of street widening the resulting *f usable land be as lac gs_�ssible., 5. It is possible that a portion of the dgsirad street lapsesv *eta tcvld be accomplished without the removal of the Pacific Electric Itraeka. This m4y be, true of the proposed channelization bet -man 23rd Street and McFrad&a, 6; local opinion sppeats to action to deal poe tively on long - standing problems involving the City and tba Railroad as evidenced by rozcoax:endatfous of the Citizens Advisory Committee on Capital Iac- provemants, actions taken at the last meeting of the City Canncil, and panding adaption of .a Master Plano Pacific Electric officials emphasized the following points: NO: 57 -58 -9 sozitiuued - Page 2 1. They are anxious to pork closely with City officials in planning futuss use of PE property in Newport Beach. 2 The justification for continuing rail service to tae present depot under study and discontinuance would depend laigely upon the exteat of aoA,.ect! -On from local shippe':s; The taileoad is not opposed to relocating a : :- n�rtvv trrmival facility at the City limits or further west if shipping deiwnd and 1CC approval permit. a. Any rmoval of main line track rewires SCC approval and tehea.zfmce, �ninevonCao to a year, even without local objection@. 4. Consideration is being given to discontinuance of the PE agency tt tae present depot. If there are no serious objections locally, the s ency r. :riy be roved to auntington Beach and the present station can be abandoned. It was informally agreed that: I. PE engineers will investigate the possibility of relocating the "tail" track vhleb bisects the proposed channalization between 23rd Street and VA& dden Risen, and lend agents will apprais3 the property needed by the City for the channeliaation. 2. The City will support the Railroad at such time as moves are in- itiated either is dieceatiaue the local freight agency or to apply for removal of tracks. . 3. City will keep Railroad officials informed on Master Plan develop- amts. It wan the consensus of Newport officials that the meeting was bar- monious and productive, and that Pacific ilectric officials are receptive to close collaboration with the City in working out plans for the actual benefit of the Railroad and the City. ROBERT SKELTON City Manager L. D. 1ACK30N FAUE'IT,AN EaIaTER20 O. E.:pI%Y. M.C. If7 DEER W. McKEry CIE '. EGISi EREO Gti� y I; b,-.:JACKSON FAUSTMAN CCOiGULi1NG TRAFFIC. ENGINEER 231D FRUITRIDGE ROAD 6ACRANMITO 22. CALIFORNIA November 5,' 1957 r` fir Robert Skelton Z"iL: ll�naaor itr1 NeVPOt %ach, California Pear Mr. Shelton; 0 GLAOeTONE 5 -0765 - GILB6RT 3 -7006 Funsuaat to the authorization of the city Council cm SrYtembsr 10, 1957, thus ta,attlaitted herewith a trsfi',:(:c study of the area :sounded by 32nd 8iraet, Mclidden place, Newport 5uui.cvard and Balboa Boulevard. Us significant _'findlnas and reccrosaendationa are as foilowat 1. A plan is recommended for the channelization of the intersection of McFadden Place, Balboa Boule- vard -and Newport Boulevards. 2. From the standpoint of exLsting and potential traffic demand, there is ao rated for the widen- ing of 32nd Street, or the conatruction of a new connection between Balboa Boulevard and Newport Boulevard if either improvement requires a ma;or. expense. 3.. Rec- 3mmendations are made for the widening of Balboa Boulevard between 23rd Street and 32nd Street. 4. Recommendations are made on various alternate zathods for obtaining greater traffic capacity on Newport Boulevard between 23rd Street and 30th Street, This choice of any of the follow- ing alternates is dependant upon economic and local policy consideration: a. Widening to a pavement width of 64 feat by acquiring right -of -way on the South side of the streat. b. Creation of a one-way .couplet between 23rd and 30th Streets through the purchase of a 60 -foot right -oC -way along the north midge of the Southern Pacific property. ..• .wm�+asss propyeaxsan os parsaw�, ss nai times coo d wlth tiu' acquisition of adequ�N{a - street parking facilities. The detailed study is & ehed hrerewith. Appreciation is expressed to Mr. J. L. Webb, Director of Public Wanks, and *AAG staff for the gathariag of the basic traffic data used in this report. Ra- :ase:etfully submitted, DJF:b D. .Jatkaon Faostman Attch. X WORT t,SACS TWFIC STUDY `cFaMe ?lass- 3alkoa Boulevard $armete Ho Igvard Confufion results when~..tm or more streets join to form a large, unprotected intersection open'' tp'iMleontrolled use by motorists. The mul- tiplicity of choice and the a6i►6 angles of approach of the intersection at McFadden Place, Balboa BoulevsYld, and Newport Boulevard requires too many decisions on the part of a driver in too short 'a distance. Figure 1 shows the recommended yhkri.for the channelization of the intersection of McFadden Place., Boulevard and Newport Boulevard. This propefal is based upon an ens of the traffic data supplied by Mr. J. B.Webb, Director of Public works. Channelization,to as accepted traffic engineering practice requiring change in layout and 4isign for treatment of intersectional problems. It separates opposing ttatfi` flows; allows cnidirectional.ve4icles to merge; provides refuge for turnif;,j►ehtelss; reduces points of conflict; prevent$ prohibited'turne; separates Opposing traffic flowa;.provides for effective signal control; and controls speed; . This suggested ahannelization does not require any alteration in the traffic pattern on Wadden Place. It allows the gradual Merging of east- bound vehicles from Newport Boulevard and Balboa Boulevard. Westbound vehicles on Balboa Boulevard deeirin6 to cross the path of eastbound vehicles on Newport Boulevard are restricted to one point of conflict, and at the same time, do not delay the movement of other motorists turning north on Newport Boulevard. The present traffic volumes do not indicate an immediate need for traffic signals. It is suggested, however, that the electrical conduit and necessary treadles for a traffic- actuated signal installation be in- corporated in the initial construction. At such time as the westbound traffic on Balboa is unduly delayed (30 to 60 seconds per vehicle) by eastbound traffic from Newport Boulevard, or when the hourly volume on this cross street averages 450 vehicles for any 8 house of an average day, traffic signals should be installed. Balboa Boulevard - Newport Boulevard Connection It has been suggested locally that 32nd Street be widened between Balboa Boulevard and Newport Boulevard, or a new facility be constructed connecting these two streets. Supposedly, the new connection would be built on so- called "Y" right -of -way owned by the Souther Pacific Company. Thirty - Second Street is the first north -south roadway east of the Coast Highway by which motorists can reach the Lido Isle and the area bounded by Finley Avenue, 36th Street, Via Oporto, Via Lido, Lafayette Avenue, and 30th Street (hereafter referred to as the 'central area'). .1- It, like its neighboring streets, is 26 feet in width, curb t� curb. Park- ing is restricted to the west side and traffic movement 1#taited to northbound vehicus only between Balboa =;Boulevard and Marcus Avenue. Southbound vebiclsa stet Yee 33rd Street or some etW street farther west. it is to be noted that t11tp Tonto is used essentially ;,loeal inhabitants and cannot be expected to attitset web usage by people u�piltar with the area. Before any improvement can be consitttred, it ma"at first be determined whether or not a need exists now or at scome tics it, the future.. Traffic volumes and serest eapao #tic are important: fa::tcrs in making tkil decision. The volume of traffic "fl'aviug as a streot: is one of the fy ental yard- sticks in every problem of. control. The eomparittai+ c existing vehicular volumes with the eapacities of existing streets determines the -Asid, for improvement. Existing traffic %vlumas, when. coupled with sainting and 'future land use, population,and other factors,aid in estimatiug• future eraff1c. The other yardstick, the capacity of a street, is used to determine the dsipw of traffic congestion. The term "capacity" is sourly a generic ex- pression #ertaining to the ability of a roadway to accommodate traffic. The capacity of a street depends upon a numbers of conditions ;_a.g., composition of traffic, number and width of lanes, speed, traffic control deviceso turning movement, and whether or not parking is permitted. The Righway Aesearoh Board and the Bureau of Public Roads have developed charts from which capacity of a street can be determined from the knowledge of prevailing conditions. ..Tor three days during the month of October, the Departatent of Public Worksi at the request of the consultant, secured 24 -hour traffic volume data on streets affected by,.or effecting„ the usage of the 32nd Street "Short -cut ". Three origin and destination interview atations were manned for both Peak and off -peak hours during this interval. The purpose of the origin and destination study was to determine the number of vehicles now using 32nd Street, and the probable number which alight be attracted to a new facility. The Appendix shows the detailed traffic data. rloalyats of the traffic data yields the following estimates of usage of an fsprovsd connection betvaen Balboa and Newport Boulevards: - affic Qlassifioation 1. Local traffic generated in area immed- iately north and west of 32nd Street 2. Through trips (origins and destinations outside above ,area) 3. Traffic diverted from present use of Newport Boulevard via The Arehes 4. gatimated future traffic 5. Present total traffic (1 + 2) 6. Present, plus possible diverted traffic (l t 2-+ 3) 24 -:1our vehicular Volume 1,400 1,4001 Soo Soo 2,800 3,600 7. Future total traffic (4 + 6)` 4,400 8. Capacity existing street (32nd Street between Marcus and Newport - parking prohibited) 4,500 .2- A chid of tbs existing.sed pet tLal land we. of..propett'ty which poasibly influence tra&44 IA vicinity.. in question indicates r 1 the futuro not over #!� V*tles per day would be added to tdiilk P aiodumes. fhic sting street netwonrk with parking prohibl.tod aa' 4 Street between s Avenue and Newport, Boulevard, is Capable of bgidling all of the tra -ie..anticipated under:present conditfionw width -aid alimmeat. ;P !!aa the sltsndpoint of. snit and potential. traffic demand, thete . is lepsidenct'; supV Vg art the': of 32nd 9tt+sed.:Dr -the eoostrat%ion ux 4 t�iw.asnnection: between BalbiW' uievakd and Newport Boulevard i3 either 'Anysovement 94dros a major expeava. A nev facility adsuld be construc7pei on the general` alignment shown on Figure 2 only � it ::arc be provided .ti nominal cost and without poatpos other, aore peetified stress isip toveeeeets throughout the city. jt-a tlevard - Iftd street to 30th 8j:reet gro n 3 , p 9 B Via= pa i. . 1�etrs: is s wi need, artieularl � duria rioda � for addi- tional tEedi#lik capacity or, Newport boulevard. TW ihahn, bise_a¢d :tssociatss Master Yl : Rsport. 1957, and the Citissae,' Adviaory Committs on Capital iMPYavementt's Report, 1357, have suggested Chat the Southern Pacific Company property between 30th Street and McFadden Place be purchased and a now eon• nectiou constructed between these termini, This st reenit of Newport °boulevard has *_,pavement width of 40 feet bordered try 10 -foot sidewalks. Newport boule- vard niwo of this 6 -block s action, and Ulboa Boulevav* to this essr_ ,:re 70. feat or mbie is width. Newport boulevard ;Ts a major arterial.,pro idinS Ac-6 case to the bathes Peninsula, A study of prevailing traffic conditions and.. laud usage suggests one Immediate action and several possible long; -range solutions, as dlovn on Figure 2. It is believed that no one of ties solutions described below has any grist advantage over another from a traffic standpv l►ti. The ehoioe of any alternate is dependent upon eeomml,w a&d local uoR lie4 consiaeraUM. The economic decision will be based on totasi cost of land acquisition sad construction. This policy considerations to be -weighed in the selection of the plan are, local sentiment, ease of hard acquisition, direction of traf- fic WfAment, parkin$, and existing and futures land use. The immediate solution is the rsmaval. of parking fromNlivgort Boulevard between 23r4 Street and 30th Street dutizgr peak periods lwisk ends and holi- days). coupled with the re- dasign of the !(cfedden Place - Balboa Boulevard - Newport boulevard 'intersection. This will. provide sufficient capacity to meet the requirements of peak traffic volumes. The alternate long-range plans are as follows: 1. If it is desired to maintain curb parking during ' peak periods on this section, Usvpott Boulevard should be Vri4emd to a paysmennt width of 64 feet by purchasing The 064th side of the stre#,k is chosen for additional ngd<� °�) blcauaa is a where buildings have to be moved back] �4hsre Ls .116* possibility that Southern Paeific Conpan rop , could be purchased to allot the relocation dings. Power company poles along the South edge of orBoulevard would have to be re- located, and theBoulevard removed. A 64-foot arras[ with parking on both a das has'the Same capacity as a sir et 40- in width with parking; prohibited. Jba average design capacity for ehass;,PRO sets of conditionA is lb,b00`vehiciea pee 2. Another possible alteiYi►ta to the widening suggestion would be the creatioe. o€ a one -way couplet between 23rd Street and 30th Street. Curti parking could be ratadned. TM purchase. of a 60 -foot right- of- way-along the north So of the Southern Pacific property would peiat the " voastruction of a 40 -foot street for eastbound traffic. NowporE „Boulevard would be used by westboukd traffic. Each one -way street would have an ayeragn'de'sign capacity of 10,700 vehicles per day for a total.fbf 21,400.veMcles as compared to 16,600 under the previous alternate: ; Busi- "as establishments along the south edge of Newport'Bouls- . pard'would be accessible from both streets. Tarnty- kighth. -. Street could be extended through City- owned-property to connect to the eastbound section to providg better circula- tion. The rewaining south 40 feet of the Southern Pacific company property would have batter access for coamerciai development. No change in the re- design of the madden Place- Balboa Boulevard - Newport Boulevard intersection would be necessary. ' 3. The last alternate to be considered is the complete Prohibition of parking along Newport Boulevard at all .times, coordinated with the acquisition of adequata: off- street parking faiilitias. The number of'6wff- street Parking spaces acquired should be no:a then, but at least equivalent to, the approximately 120 spaces lost in the removal of-parking.. Such a solution would'eliminate con gsstlon caused by the parking and unparking of vehicles along the curb. It would improve the visibility of,motor- iste.ontering from side streets, and eliminate the hazard of.,psdestsians s,tepping'from between vehicles. Prohibition of parking also eiieinatee the.Possible violation of the law by aotprisEs leaving,:their cars from the street aide. The CityAowned property on Newport Boulevard.would serve as a nucleus for an.off- street parking, program. lb ulavasd:- 23rd Stree! F eet ki ile re- sbwign of`t" *j*dden Place-Balboa BoulWSWdaNewport Boulevard ;arses, 'rest zation of Balboa Boulevard by westbound 1 ffie aim,- be.expectb8;` it is therefore tecosmanded that Fbe:- section of Balbob Boulevard between 23rd Street and '32nd Street Widened to a, pavement width of 56 feet by removing tba east curb._ and' *Iming a 21 fop4 strip along the asst edge, - leaving;ihe railread tracbj ,.place. lq,Q widik.tii11 accosmoilate 4 moving lanes of trasfie, and Id ** 8-foot parkLA8jt6a along the west curb. Rvery effort should be '.to encourage C91rr as of Balboa Boulevard by intra and inter -city ikof fic.. b0 Y F H ab N im} b � co yp s� U at V I tit km cn ji z . L b M Y p 10 ta Is to a 1.41 H ' O m f0 v a u -M m M Al P1' iR 1. rn in .0 � m rt m A a 4+ .3 ad W M TI . _ 3 a m a q y M 4 H 4 49 h F m Lil O. $ m Q tl`1 /1 h 0�0 O� C6 0 arm up±: is r.d Volume Data 24 gour Volume. tion Lido Isfa'lrldia Newport Boulevard, North of 32nd Street 32nd Street, west of Newport Boulevard Balboa Boulevard, test of 47th Street 32nd Street, North o% Balboa Boulevard 33rd Street, North of Balboa Boulevard 34th Street, North of Balboa Boulevard 35th Street, North of Balboa Boulevard 36th Street„ North oz Balboa Boulevard Y ca Wednesda 10 9 Thurs 10 10 o lois Battboun3 2,922 2,977 2,934 2,765 2,743 llstbound. 2,736 Not"ERbound 9,374 9;405 9,405 Eastbound 1,464 1,439 1,411 1.313 1,273 Westbound 1,343 - -. westbound 2,746. .2,633- 2,703 658 "' 680 852 239 241 237 158 iio 193 247 303 193 461 681 660 z r 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 29 30 31 32 necess t� of acquiring the real prop rty for off s eet parking and the wi ni g c of public s re.ets; and S, it appears t s able and grope, and necessary to the C t3 use as public p king of automobiles nd extension of pub l c streets; and 1% ,PR f .3 4 5 6 7 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 29 30 31 32 necess t� of acquiring the real prop rty for off s eet parking and the wi ni g c of public s re.ets; and S, it appears t s able and grope, and necessary to the C t3 use as public p king of automobiles nd extension of pub l c streets; and 1% ,PR l VhUAP ftonsidered the inafter described and /or extension d real property is suit - of Newport Beach for the widening and /or i WHEREAS, �t appears to b for the best interests of the citizens of the City'. of Newport Beach -that the said real property t be acquired and used or such parking, widening and extension of public streets; and 1i WHEREAS, the f1 Ding named corporations, Pacific Electric Railway Compa Pacific Electric Laxd Company; Southern Pacific Railroad Comp y; outhern Pacific Company; William Cagney, Doe One to Doe One H dred, inclusive,`either own, or claim some interest in the sai real p,r A pe NOW, T ORE, BE RESOLVED that the City Council of the City of N rport Beach des hereby find and determine that the public inte est and necess y require the acquisition by the City of Newpor Beach of the read property, hereinafter described, for use for p blic parking, wide ing and extension of public streets and aid City Council doe further find and determine that said raal. property is necessa y for the construction, operation/and maintenance of such p rking,.widening and extension of publl�r streets, and that such pr osed public improvements are planned-`and located in a manner whic will be most compatible with the greatest public good and the least private injury; and BE IT FURTHER RESOLVED, that much proceedings as are proper and necessary in eminent domain )roperty be instituted and brought by '+ said City to acquire the said real for use as public,_ _1 _ 1 streets, and the i;ty Attorney of the.City of Newport Beach is 2 hereby author spa directed: " 3 To institute, commence and prosecute such proceedings 4 in' eminent domain as are necessary and convenient for.the purpose 5 of acquiring fee simple title in and to said real property for 6 said public purposes; 7 To to make and f le.all proper papers and documentA therein 8 and to make due application to the court having jurisdiction of 9 said eminent 'domain proceedings for an order or orders fixing.the 10 amount of such security in the way of money deposits as said . 11 court may direct, and for an order per tting, the City of Newport 12 Beach to take imediate, possession "u ,,of said real property, 13 or interests in said real property fo ,gush purposes, said order ls( K 14 permitting the City of Newport Beac to proceed immediately to i 15 develop said real property for pu c parking, widening and 16 extension of public streets i 17 To make deposits of s '.security out of proper funds 18 of the City of Newport Beach ZZ such amount so fixed and determine 19 and in such manner",as,.the court, n which such proceedings are 20 pending may directs;,_a 21 To ':cal on necessary to complete the acquisition 22 of such title in t e ". atne of the. City of Newport Beach. 23 The real` oerty, which the City of Newport Beach is 24 by this resolution authorized to acquire, is situated in the 25 City of Newport Beach, County of Orange, State of California, and 26 more fully described in the legal description attached hereto 27 and marked Exl4bit "A" and by reference made a part hereof. 28 BE IT FURTHMR RESOLVED that the Mayor and City Clerk 29 of the City,of Newport Beach, be and they are hereby each 30 authorizedr'"to execute any and all papers, documents, pleadings.,. 31 affidavits and verifications necessary or convenient in.the 32 premises and to file.same in the appropriate proceedings. -2- �;:. _ -3- ....: �-.� �, � �� City Council Newport Beach City Hall Newport Beach, Calif, Gentlement "GOING FORWARD TOGETHER" COSTA MESA CHAMBER OF COMMERCE COSTA MESA, ORANGE COUNTY, CALIFORNIA February 23, 1955 Eg 2 g 1955 We would like to ask if the City Council has taken any Official action with respect to being for or against removal by Pacific Electric of their tracks from Newport Beach to Los Angeles County Line. If so, please send us a copy of their official action, Thank you, Very truly yours, R. D. Flaherty, Chairman Transportation Committee COSTA MESA CHAMBER OF COMMCE RDF /hb \� � %� � � � �� \ : :z` ?. © « ° «? � @� Vl VL Y February 16, 1955 Newport Harbor Chamber of Commerce 1400 Coast Highway Newport Beachq California Gentlemen: The City Council of the City of Newport Beach at its reg- ular meeting on the 14th day of February, 1955 adopted a resolution setting forth that the public interest and lnecessity require the acquisition by the City of Newport Beach of certain Pacific Electric Railway Company property generally described as lying between McFadden Place and 30th :street' Newport Beach. The Council further found that this property is necessary for the construction and maintenance of public streets, and that the proposed improvement of the property is planned in a manner which will be most compatible with the greater public good and the least private injury. At the same time the Council Public Utilities Commission of the acquisition of the above property. Lynn Davis, is now conducting the quired, CKP:gjl filed a petition with the .state of California for the The City Attorney Karl condemnation proceedings re- Yours very truly, CITY OF NEWPORT BEACH C. K. Priest City Clerk F 13 14 15 18 17 18 191 20 21 22 23 24 25 26 27 28 29 30 31 32 VM RES9UfSION No. 4303 � WHE1110, the City oNewport Beach has considered the necesel*'of acquiring;;. the real property hereinafter.deacribed for publicstreets; and WHEREAS, it appears thst the said real property is suit- Lable and proper and necessary to the City of Newport Beach for use as public streets; and:...' 1. `.:W EREAS, it ap.to be for the best interests of the citizens of the City of Newport Beach that the said real property be acquired and used as public streets; and -WHEREAS, the following named corporations, Pacific Electric (Railway Company; Pacific Electric land Company; Southern Pacific Railroad Company; Southern Pacific Company; Bank of America, National Trust & Savings Association; South Coast Company; Doe One to Doe One Hundred, inclusive, either own, or claim some interest in the said real property, Now, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby find and determine that the public interest and necessity require the acquisition by the City of Newport Beach of the real property, hereinafter described, for public streets and said City Council does further find and determine that said real property is necessary for the construction, operation and maintenance of public streets, and that such proposed public improvement is planned and located in a manner which will be most compatible with the greatest public good and the least private injury; and BE IT FURTHER RESOLVED that a petition be filed with the Public Utilities Commission of the State of California to acquire lands, property and rights of Pacific Electric Railway Company; Pacific Electric Land Company; Southern Pacific Railroad Company; Southern Pacific Company; Bank of Ame:: ^ica, National Trust & Savings -1- 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Association; South Coast Company; Doe One to Doe One Hundred, inclusive, located in the City of Newport Beach and such proceedings as are proper and necessary in eminent domain be instituted and brought by said City to acquire the said real property for use as 1public streets, and the City Attorney of the City of Newport Beach jis hereby authorized and directed: To institute such proceedings before said Public Utilities ;Commission and to bring proceedings in eminent domain as are necessary and convenient for the purpose of acquiring fee simple title in and to said real property for said public purposes; To make and file all proper papers and documents with said Public Utilities Commission and to make due application to the court (having jurisdiction of said eminent domain proceedings for an order for orders fixing the amount of such security in the way of money deposits as said court or commission may direct, and for an order I permitting the City of Newport Beach to take immediate possession land use of said real property, or interests in said real property, jfor public streets, said order also ;permitting the City of Newport i Beach to proceed immediately to develop said real property as public streets; To make deposits of such security out of proper funds lof the City of Newport Beach in such amount so fixed and determined and in such manner as the court or commission in which such proceedings are pending may direct; and To take all action necessary to complete the acquisition of such title in the name of the City of Newport Beach. The real property, which the City of Newport Beach is by this Resolution authorized to acquire, is situated in the City of Newport Beach, County of Orange, State of California, and more fully described in the legal description attached hereto and marked Exhibit "A" and by reference :Wade a part hereof. BE IT FURTHER RESOLVED that the Mayor and City Clerk of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1 23 24 25� 26 27 28 29 30 311 321 Of the City of Newport Beach, be and they are hereby authorized to execute said Petition on behalf bf the City of Newport Beach to be verified by the said City Clerk and to file same with the Public Utilities Commission of the State of California, The above and foregoing Resolution was duly passed and and adopted at a meeting of the City Council of the City of Newport Beach held on the 14th day of February, 1955, by the following vote, to wit: ATTEST' Ci;�" Dej ty AYES, COUNCIIMEN: NOES, COUNCITMEN: ABSMT COUNCIIYM: / /rgy, el COMMISSIONERS PETER E. MITCHELL. PRESIDENT bpi. JUSTUS F. CRAEMER KENNETH POTTER VERNE SCOGGINE RAY E. UNTEREINER IF Ud thblir I#ili#irs Tantuthishat Cn " STATE OF CALIFORNIA 2169 j December 13, 1954 ADDRESS ALL COMMUNICATIONS PILE ND TO THE COMMISSION 125- 3.o -6E City of Newport Beach Newport Beach, California Attention Mr. C. K. Priest City Clerk Gentlemen: This is in further reply to your letter of November 15, 1954, concerning a resolution adopted by the City Council urging the abandonment of certain Pacific Electric Railway Company tracks in and in the vicinity of Newport Beach. ICS SOUTH SPRING STREET LOS ANGELES 12, CALIFORNIA Although this is a matter which is subject to the jurisdiction of the Interstate Commerce Commission, an investigation has been made to determine whether Pacific Electric Railway Company has any plans for the abandonment of its Newport Beach line. The company states that because of the many industries which are dependent upon this freight service no consideration has been given to the possible abandon- ment of the line. The Commission is advised, however, that in view of'.the request made by the Cities of Newport Beach, Seal Beach, and Long Beach, the company has started a study of the line and will furnish a further report as to future company policy. Yours very truly, PUBLIC UTILITIES COI+IP,vIISSION, STATE OF CALIFORNIA William H. Gorman Director, Southern California Mr. C. K. Priest, City Clerk City of Newport Beach Newport Beach, Orange County California Dear Mr. Priest: . Acknowledgment is made of your letter of November 15, 1954, wherewith you enclosed an excerpt from the minutes of the meeting of.the City Council of Newport Beach of November 8, 1954, with respect to the Pacific Electric Railway tracks. Your communication and the minute item will be presented to the State bands Commission at its next meeting. Yours very truly, J. TUART WATSON As stant Executive Officer JSW:JS Y GOODWIN J. KNIGHT ROBERT C. KIRKWOOD GOVERNOR RUFUS W. PUTNAM CHAIRMAN EXECUTIVE OFFICER _ HAROLD J, POWERS J. STUART WATSON MEMBER ASSISTANT EXECUTI VZ OFFICER V, JOHN M. PEIRCE MEMBER *tadr T-CMltbs (1:10 int OWn DIVISION OF STATE LANDS r DEPARTMENT OF FINANCE ' STATE OF CALIFORNIA STATE BUILDING j ADDRE88 REPLY TO: L08 ANGELES REFER TO FILE No. STATE LANDS DIVISION 13 ..'- SD2 STATE BUILDING Geo.-Orange GO O.-Vii ng ng C V o. 1 LOS ANGELES 1E, CALIFORNIA. i November 211' 19511 Mr. C. K. Priest, City Clerk City of Newport Beach Newport Beach, Orange County California Dear Mr. Priest: . Acknowledgment is made of your letter of November 15, 1954, wherewith you enclosed an excerpt from the minutes of the meeting of.the City Council of Newport Beach of November 8, 1954, with respect to the Pacific Electric Railway tracks. Your communication and the minute item will be presented to the State bands Commission at its next meeting. Yours very truly, J. TUART WATSON As stant Executive Officer JSW:JS Y CO MI'ISSIONtR3 RICHARD E. MITTEL¢TAEOT. PRSFIOtxT JUSTUS F. CRAEMER KENNETH POTTER PETER E. MITCHELL VERNE SLOGGING 11uhlir I#ili#irs C�nmutis inn STATE OF CALIFORNIA November 17, 1954 1000 Mirror Bldg., Los Angeles, Calif. ADDRESS ALL COMMUNICATIONS FILE NO. TO THE COMMISSION t E11.Ofllr � 1z5 -3o -6E Nov 2 2 191 City of Newport Beach (DISPOSITION: California FILE: Attention: Mr, C. K. Priest �,ve City Clerk j`° Gentlemen: Commission has for acknowledgment, your letter of November 15th, to which was attached a copy of the minutes resolution adapted by the City Council at its meeting on November 8th, 1954, urging the abandonment of cel,tain Pacific Electric Railroad tracks in and in the vicinity of the City of Neimi)ort Beach. As a matter of information, please be advised that there is nothing of a formal nature pending before this Commission which contemplates such an abandonment, but engineers of the Commission Staff have been assigned to investigate the matter and upon completion of our Investigation you will be informed as to our findings. Yours very truly, PUBLIC UTILITIES COMMISSION, STATE OF CALIFORNIA R. J. PAJALICH, cretar By E. L. EBRIGHHT/ / Assistant Se ary AFA:em CERTIFICATION OF EXCERPT FROM MINUTES OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. DATE November 89 1954 COUNCILMEN PRESENT HROLRINOI BHITHO Bm mq & HILL COUNCILMEN NOHB 1573- "WHERM In the growth of beach activities along the Cali- fornia ooasmne in Orange and Los Angeles counties, it has become apparent that the best public use of the shoreline requires the fullest developmant of beaches for the greatest benefit to all of the people' and YHERSAS it is now evident that the City of Long Beach will develop the h mhos Bay Yacht Harbor or Marina and thereby the Pecific Electric Railway tracks in that vicinity will be removed, and MiiatbRS, the Pacific Electric Railway tracks in the City of Newport Beach are not being utilised to their fullest extent, NCw t THLftEFORILw iii IT A&6OLVLU9 that the City Council of the City of Newport Beach does resolve as follows. That the City Council of the City of Newport Beach does urge the state Land& Commission, the state Park Comission and the Public Utilities Commission of the state of California and the County of Orange that the present Pacific Electric Railway tracks in the Cities of Newport BeaW4 Haatington Beach and Seal Beach with which the other cities are concerned be abandoned and that the right- of-way of the Pacific Electric Railway lying along said tracks be incorporated into adjacent beaches and highways." STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I, C. K. Priest, City Clerk and ex- officio Clerk of the City Council of the City of Nev,ort Beach, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. 10th In Witness - Whereofiovlewe day of _ hereunto s t my hand and seal this 19N. C.K. Priest, City Clerk of the City of Newport Beach, Orange County, Calif. November 15, 1954 t.'.te Public Utilities Commission 1000 P- iirror Building Los Anfl eles, California Attention: william H. Gorman . Director, Southern District Gentlemen: The City Council of the City of Pea, ort Beach at its last regular meeting held Dovember 8th, 19549 adopted the enclosed minute resol.a "-J.on r=.Zarding the abaneor.Lentj of Facific ilectric i.:::1 "w:l; tracks and ordered a copy forwarded to the ",tb to Lards Commissions State Division of Beaches and Parks, County of Oranges and your body. Yours very truly, CITY OF I ;31:FC T D �Cii C. I e Priest City Clerk CKP:gjl Enc. r � r i November 15, 1954 State Park Commission Division of Beaches and Parks 257 South ;:spring Street Los .g.n:geles, California Gentlemen: The City Council cf the City of Newport Beach at its last regular meeting heid November 8th 195'49 adopted the enclosed minute recluticr_ regarding the abandonment of Pacific Electric Railway tracks and ordered a copy forwarded to the State Lands Commission, Public Utilities Commission, County, of Orane, and your body. CKP:gjl Enc. lours very truly, CZTY OF NL�F'V'iT i2iiCH C. X.. Priest City Clerk November 15, 1g54 State Lands Commission t<:ts Building Los Ar.geles, California a Gentlemen: The City Council of the City of Newport beach at its last regular meeting held November 8th 195+1 adopted the enclosed minute resolution regarding the abandonment of Pacific ;C_ectric Railt;::y tracks and ordered a copy forward ; --d to the State Park Commission, Public Utilities Commission, County of Orange, and your body. Y -ars very truly, 'GFIT SLIIGh C. K. Friest City C1, erk CKP:gjl Enc. MIMI r IFICATION OF EXCERPT 1NUTES OF THE CITY COUNCIL THE CITY OF NWPORT BEACH. DATE November 8« 195► COUNCILMEN PRESENT BRDPRING, SMITH, BENNETT9 d HILL COUNCILMEN Non EXCERPT OWE19AS in the growth of beach activities aloes the Cali forma coast1he in Orange and Los Angeles countless it has become apparent that the best public use of the shoreline requires the fullest development of beaches for the greatest benefit to all of the peoples am NUM" It is now evident that the City of Tong Beach Y111 develop thelasitos Bay facht Harbor or Marina and thereby the Pacific Electric Railway tracks in that vicinity will be removeds and WHEREAS# the Pacific Electric Railway tracks in the City of Newport Beach are not being utilised to their fullest extents NOW.! EF THWM, BE IT RSSOLYED9 that. the City council of the City of aswport Beaoh, does resolve as follewss That the City'Couneil of the City of Newport Beach does urge the State hands CsasissUm, the State Park Cosimissien and the Public Btilities Caadission of the State of and the County of Orange that the present Pacific Eleetris California Mway tracks in the Cities of Newport Belo 4 ftntington.Beach and Seal Bosch with which the other cities are concerned be abandoned and that the right- cf-way of the Pacific Electric Railway lying aloes said tracks be iWorpotated into adjacent beaches and highways." STATE OF CALIFORNIA ) . ) SS COUNTY OF ORANGE ) r r I, C. K. Priest, City Clerk and ex- officio Clerk of the City Council of the City of New.,ort Beach, California, hereby certify the foregoing to be a full, true and correct copy of the minute entry on record in this office. 10th In Witness Wherec��Ie save hereunto ss,e'�t my hand and seal this day of , 19 3. C. K. Priest, City Clerk of the City of Newport Beach, Orange County, Calif. Sa1.5P f4vV 8 Y.�i Title Insurance and Trust Company FOUNDED I693 416 NORTH MAIN STREET . P.O. BOX 8B . SANTA ANA. CALIFORNIA FILE. /0- KIMBERLY 2 -4755 o November 8, 1954 (/ v WALTER A. CORBIN HOME OFFICE VICE PRESIDENT LOS ANGELES ND MANAGER Mr. J. B. Webb City Engineer Newport Beach, California Dear Mr. Webb: Friday you left with this office a map showing certain parcels of land more commonly known as "SP strip, PE strip and the Y" in Newport Beach. You requested that we advise you as to the following: (1) the cost of Policy of Title Insurance or title report, and (2) the time required to complete such a title report. We wish to advise the following: Charges for litigation guarantees for use in connection with court proceedings are based upon the fair value of the interest involved at the loan rate plus any additional charge for extraordinary work or chains of title. This service includes a date -down to include the filing of complaint and recording the lis pendens. We are enclosing a partial schedule of fees for Policies of Title Insurance and by following our above quoted price schedule the litigation guarantee would be $650.00. This is based upon your estimated value of this property as being $200,000. In checking our account books we find that we have never issued any previous reports or Policies of Title Insurance on these parcels as a whole. As a result a considerable mount of title searching, research and engineering work is necessary in order to cover these parcels. For this additional work involved an additional charge of $500.00 will be added to our regular schedule of fees. It is estimated that if we are asked to proceed with this title order, that such a litigation guarantee could be issued in approximately three or four weeks. Alp Mr. J. B. Webb Page 2 As you probably know, it is the policy of the three title companies in Orange County to exchange with one another copies of policies which have been previously issued by each company. I have checked with the Orange County Title Company and the Security Title Insurance Company, Reliance Office, and they have advised me that they have not issued any previous title reports or title policies on the above referred to parcels of land. We appreciate the opportunity of being able to offer our bid for this title work and I am sorry to inform you that due to the tremendous real estate activity in this county we cannot issue such a report at an earlier date. Yours very truly, WaQ. .a G l"'``_ lter A. Corbin Vice President and Manager WACccs �1 ye �w�pIY YY. iV' iJ /T 1A . Nre Jo Be. Webbq`.City Engineer City hall. Newport Beach, California ';. Dear Mr, Webbs' At the regular council meeting- oovembir 8th, the Council approved the offer of the Title Insurance and Trust Company to prepare a title reporVind issue A policy of title insurance in the amount of $2009000 on Pacific Blectric right of way property between 30th Street and McFadden Place. The estimated cost of policy and report in the amount of $19150 was approved by unanimous vote of the Council.-. Yours very truly, ' -' CITY OF NEWPORT BRACH Ce K, Priest City Clerk 0 November 10, 1954 Mr. Walter A. Corbin Vice President and Manager Title Insurance and Trust Company 416 North Main Street Santa Ana, California Dear Mr. Corbin; Your proposal for the preparation of a title report covering the parcels more commonly known as 118P strip PH strip and the Y" in Newport Beach as presented in your letter of November 3th was presented to the City Council of the City of Newport Beach at its regular meetinG on that date. The Council accepted the proposal as outlined in your letter and authorized the preparation of the report. Yours very truly, CITY Or NEv:i'OBT 13LACH C. K. Priest City Clerk CKPtgjl e A R^SOLI OF SEAL RRMOVAL TRACKS. RESOLUTION NO. 857 MOM OF T CITY c(fUNCIL OF 'I'FiL' CITY BEACH RELATING, TO THE ABAtNDONM;INT AND OF C PtT:AIN AStI "IC ;LFCTRIC RAILWAY WHEREAS, in the ,.growth of b-�sch activities along the C.alif- ornia coastline in Orange and Los Ang;ales counties it has b'OCOMe apparent that the best public use of the shoreline rewires the fullest development of beached for the greatest benefit to all Of the people, and WHEREAS, it is now evident titxt the City of Long Beach will develop the Alamitos Bay Yacht Harbor or Marina and thereby: the Pacific Electric Railway tracks in that vicinity will be removed, and WHEREAS, the Pacific Electric Railway tracks i the City of P I 111 Seal Beach are not being utilizes contemplated under its permit; c, ;u.t,._.,.. "- r e `;OW, THBiEPORE,Pthe City Council of the City of Seal Beach does resolve as follows ; - SFCTION 1i That the City Council of the City of Seal . =:each does urge the State Lands Commission, the State Park Commission and the Public Utilities Commission of the State of California, and the County of Oran.me, City of Seal :. °.e >:ch and City of '.,iuntin.�ton Beach that the ;resent Pacific Electric Railway tracks in the City of Seal Beach with which the other cities are concerned be abandoned and that the right -of -way of the ;Pacific Electric hail- way lying aloe! , said tracks be incorporated into adjacent beaches and hi '-ways. SECTION 2z That the City Clerk certify to the passa =e and adoption of this Resolution by the City Council of the City of Seal Beach. PASSED, APPROVED AND ADOPTFD by the City Council of the City of Seal Beach at its meeting of '?ovember 3, 1954. :1AV OR OF 11''7i "s CITY OF SEAL _ ^AC ATTEST: IT'w.4 Al ,. City Clerk ellr(Y Oi' SEAL EFmkeH CITY HALL, 201 8th STREET CALIFORNIA F. W. HICKMAN CITY CLERK T.I..h.. 811 -0I November 5, 1954 City Council City of Newport Beach Newport Beach, California Gentlemen: Enclosed please find copy of Resolution No. 857 which was recently passed by the,Seal Beach City Council. We hope that similar action is being taken or will be taken by your Honorable Body for the public benefit. Yours very truly, F. W. Hickman City Clerk enc. FWH /ch is wax 4 6. 0 V WE -57 bp� ouT i/V N v //V .04v 7-- /0. /0: /0 13v iC 2YO ! 22 4: /0 1/7 >:2t0 .4`, 30 v/� 6l{I� ,0:30' o /.� 4 x2:36 r a Y?2 6:30 yell `3 z: y. vl UG • I43 V / V:' /v � yell --4.; so 9d 6 /0:50 /1; 60 Vx 7:�70U ill r YZL 7,mlo t Pf1 i eG S' 13 I�:Oa AP !r'7 •f'Dv' l en r _r { `. QQ Ayt 22 M q /o ti a 81 3.51 Polley eI �.a Guarantee No,2�. . Fee Title Insurance and 'firust Company a corporation of Los Angeles, Calif gyiia, herein called the Company, .does 3iereby guarantee CITY Of NEWPORT BEACH, a IftuntMAN&I corporation.* for whose benefit -,and protection this Guarantee rs issued, in a sum not to exceed' 2000000.00 - - - that, as appears from ap examination of the public records in relation, to the record title to the land herein described, said title is vested in PW.1FIC BI,ACTRIC,MILWAY C0l4PANY a California Corporation, as to Pfr4e'lo 10 p, 2A = 2A, 2C, , A, 4A, . 7 and 8, and as to those VWtions of Parcels 5 and. lying easterly of the center line ot. Bay.Avenue:as said Avenue is shower on the map of Newport Beach t reoor�ed In. book 3 page 26.of'Xiseeilaneous Maps, im the office of the county recorder of said county, and as to tltt Vortion or Parcel..9 Included within the lines of.the land described in the deed.from Newport Beach CoMany, a corporation, to Los Apples Inter - urban Railway Company, to corporation. recorded low, 1904 in book 103 page 356.of Deiede,'and in - - PACIJnC BI.SCMC LAND CORPANY, a California corporation, as to Parcels 3Ai 3JB and that portion of Parcel 9 included within the lines or the land described in the dead from Los Angeles Inter'.- Urban Railway Company, a corporation, to Southern Pacific Railroad Cam, a corporation., recorded December 28, 190 in boolt 123 Me 110 of Deeds, and is - - CITY OF NEWPORT RUCH, a muniel�aI corporation, as to those portions Of Pamela 5-and 6 lying westerly of the center line of Bay Avenue as said Avenue is shown on the Mp.of !Newport Beach Tract recorded in book 3 page 26 of llisaellaeteous Maps, in -tla office or the county recorder of said county. FMM FROM ALL ENCUMANCES r'ILCSPT 1st:' Second installment general and special county and city taxes for the fiscal year 1954 -1955 Code Area 7-01 AP Noe. $56- 36 -65A- , 856 - 4»55-x+ - 30-658 -8, 855- 3A -65 -1, W- 30 -65 -2, 836- 3o-d5 -3 amour $A►576. , covering all parcels except 3A & 3B. 0 E fiscal year 1954 -1955 (Code Area 7-01, AP ',ic. 4'[- 460 -5i aazount, ,,1o4.32. 2nd: The eondition, affecting that portion of Parcel 9 herein - above shoran vested in Pacific Electric Land Company, a corporation, as contained in the deed from Los An,<>les Inter -Urban Railway Company, a corporation, to Southern Pacific Railroad Company, a corporation, recorded December 20, 19013 in OooV 123 page 110 of Deeds, which provides that in the event that Southern Pacific Railroad Company, its successors or assigns, shall permanently cease to use the land above described for ailroad purposes, then in chat event the tltle to said land shall revert to said grantor. The interest of Los Angeles :Inter -Urban Railway* Companys a corporation, has passed to an9 is vested in Pacific "electric Railway Co--any,, a California corpo =at;io n. 3rd: An easement over Parcel 4A for alley- purposes, as conveyed to City of Newport Beach, a municipal corporation, by deed recorded September 3, 1924 in book 534 page 394 of Deeds. 4th: An easement over the northwesterly 10 feet of that portion of Parcel 2A described as follows: That portion of lot 1, block 12'7, of Dike T--act,, as per ;nap thereof recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county recorder of Orange County, California, described as follows: Beginning at the most southerly= corner of said lot 11 thence northwesterly alonag the easterly line of said lot 1, a distance of 70 feet; thence westerly at right angles to said easterly line of said lot 1, a distance of 22,20 feet, a little more or less, to a point in the southwesterly line of said lot 1; thence south- easterly along said southwesterly line of said lot l a distance of 73.44 feet, a little more or less, to the point of beginning, for private driveway purposes, as resei ^ved in the deed from Orange County Trust and Savings Bank, a corporation, formerly 'range County Savings and Trust Company, a corporation, recorded October 31, 1925 in book 612 page 328 of Deeds. she interest of the grantor in said deed has since passed to and i:a vested in Bank of America National Trust & Savings Association, a corporation. 5th: An easement over the northwesterly rectangular 10 feet over that portion of Parcel 2A described as follows: Lots 1 and 2 in block 127 of Lake Traci., as per map recorded in book 4 page 13 of Miscellaneous Maps, excepting from said lots that portion thereof described as follows: Beginning at the most southerly corner of said lot 1, thence north- westerly along the easterly line of said lot 1, a distance of '7o feet; thence westerly at right angles to said easterly line of said 0 0 lot 1, a distance of 22.20 feet, a little more or legs, to a Point in the southwesterly line of said lot 1; thence southeasterly along said southwesterly line of said lot 1, a distance of 'f3-44 feet, a little more or less to the point of beginning, for private driveway Purposes, as reser%,ed in the deed prom ;Dank of Italy, national Trust and Savings ^ sociation, a corporations recorded June 26, 192:; in book 178 pa +a ub, official Records. The interest of the grantor in said deod has since passed to and Is vested in Ban }c of America National Trust and Savings Ass,,clat'ion, a corporation. I th: The condition affecting Parcels 1, 2 and 3, as contained in the deed from Southern Pacific Railroad Company, a corporation, and its lessee Southern Pacific Company, a Kentucky corporation, to Pacific Electric Railway Company, a corporation, recorded November 14, 1935 in book 785 page 457, Official Records, which provides that should Pacific Electric Railway Company at any time abandon use of said land and track or any part thereof, or fail at any tins to use the same for railroad purposes, the title to said land and track shall revert to said grantors. The interest of Southern Pacific Coctpan;y, a _Kentucky ro.rporation, has passed to and is vested in Southern Pacific Company, a Delaware corporation. 7th: An easement for highway purposes aver those portions of Parcels 1 and 2 more particularly descr{'.ued as follows. Parcel A. A triangularly shaped parcel of land, being that portion of the piece or parcel of land conveyed by Southern Pacific :railroad Company, et al., to Pacific Electric Railway Company by deed re- corded on page 457 in book 785 of Official Records of said county of Orange, described as follows: Beginning at the point of intersection of the northeasterly pro- longation of the northwesterly line of 23rd Street (50 feet in width), as shown upon map of Newport Beach, recorded on page 26 1: boos: 3 of Miscellaneous Maps, of.said Orange County, with the southwesterly line of above mentioned piece or parcel of land conveyed to Pacific Electric Railway Company; thence northwesterly along said south- westerly line, a distance of 301.25 feet to a point; thence south- easterly in a direct line a distance of 99.18 feet, a little more or less, to a point in said northeasterly prolongation of the northwesterly line of 23rd Street, distant northeasterly thereon 10.0 feet from the point of beginning; thence southwesterly along said northeasterly prolongation of the northwcaterly line of said 23rd Street 20.0 feet to the point of beginning;. Parcel B. A triangularly shaped parcel of land, being that ,portion of the piece or parcel of land conveyed by Southern Pacific Ralroad Company et al., to Pacific Electric Railway Company, by deed recorded in book 735 page 457 of Official Records of said County of Grange, described as follows: Beginning at the point of intersection of the norteasterly pro - lor ation of the southeasterly lire of 23rd Street (50 feet in width), as shown upon Map of Newport Beach recorded on page 26 in book 3 of Miscellaneous taps, of said Orange County, with the southwesterly line of said piece or pa, °cel of land conveyed to Pacific Electric Railway Company; thence: southeasterly along said southwesterly line, a distance of 186.'(0 feet to a point; thence northwesterly in a direct line a distance of 133.32 feet, a little more or less, to a point in said northeasterly prolongation of the southeasterly line of said 23rd Street., distant northeasterly thereon 14.74 feet from the point of beginning; thence southwesterly along; said northeasterly prolongation, of the southeasterly line of said 23rd Street, 14.'4 feet to the point of beginning. Parcel C. A triangularly shaped parcel of land being that portion of the piece or parcel of land conveyed by Southern Pacific Railroad Company, et al. to Pacific Electric ='railway Company, by deed re- corded on page x+57, in book i84 of CfI vial t =ccords of said County of Oranges described as follows. Beginning at the southeasterly corner of said piece or parcel of land conveyed to the Pacific Electric Railway Company, thence north - xr::sterly along the southwesterly line of said piece or parcel of land conveyed to Pacific Electric Railway Company a distance of 140 feet to the point of beginning of a curve concave to the north tangent at its point of beginning to said southwesterly line and having a radius of 40 feet; thence southeasterly and easterly along said curve a distance of 60.35 feet, a little more or less, to a point in the northeasterly line of said piece or parcel of land conveyed to the Pacific slectric Railway Company; thence southeasterly along said northeasterly line a distance of 104.56 feet, a little more or less, to the point of beginning, as conveyed to Clty of Newport Beach, a municipal corporation, by deed recorded March 10, 1937 in book 8472 page 290, Official Records. 8th: An easement affecting Parcel l for pedestrian crossing purposes over a strip of land 10 feet in width$ the centerline of which is described as follows: Beginning at the point of intersection of the southwesterly line of that certain parcel of land conveyed bi the Southern Pacific ?ailroad Company, et al., to the Pacific Electric Railway Company, by deed recorded in book 785 page 4570 Official Records of the County of Orange, with a line which 3s parallel to aq,' 5 feet distant measured at right angles southeasterly from the ncrtheasterly prolongation of the northwesterly line of 22nd Street (50 feet ;zn width), as shown cn Map of Newport Beach, recorded in book 3 pawLe 26 of Miscellaneous 14,:,as, of Orange County; thence northeasterly along, said parallel line to its intersectlon with the south--aesterly line of a strip of lard 21-revular ;vidth first described is that certair: easement for hi;haa;, Purposes ccn reyed by the Yac z a c ';lectric Railway Company to the Citj° of Newport Beach, recorded in book 453 page 22? of Deeds, Records of 0`°an�,;e County, as conveyed to City of lewpc teach, a municipal corpo'd a :_:on, by deed recorded MaY 20, 193', ':r, "Neon 938 page 514, Official .ecords. 9th: A lease of a p0 t_-n of Parcel 2 ;said . portion being delineated on a alcetch attached to said lease) fo:^ stc_ age of lumber only, dated May 13, 1942, executed by Pacific ylectr'c Railway Company, a corporation, as L,e3sor, and by South Coast Co.., -a corporation., as Less e, for t : te.°:. of one (1) year from May 1U, 1()= to irie'1 7.!;, 1943, aeon the .erms� conditions and covenants therein provided, recorded June 11, 19+2 in book 1110 p&,e 308, Official Records. 10th: An easement affecting Parcel 3A;, over that portion of that certain 100 foot strip of land described in deed to the Southern acific ". -Urcad Company •recorded in bo l' 405 age 250 of ^Beds, ... angc County Records.. m =o -tee particular' y described as followst A Strip of land, 10 feet in width, extending fron+ the southwe:st_•rly .prolongation of the northwesterly line of lot 25 of `Subdivision of 2!, sectt n A Newport Bea, as Rlacc p,r may recorded in '0001: 4 page 36, of Miscellaneous Maps, Grange County records, to ':he northeasterly prolongation of the center line of the alley (10 feeu Bride) in 'Block '12-3 of the Lake Tract, as per map recorded in book 4 page 13 of Miscellaneous Maps, Grange County Records. "he south - yeaterly line of said 10 foot strip of land being a curve concentric .ith and 30 feet southwesterly from the curve forming the eastsrly boundan, of abc =-e said 100 foot strip er. land, for pole lines and incidental pu_�poaes as conveyed to Pacific 'slectric = ,allway company, a corporation, recorded August 22, 1942 in book 1157 page 1961 Official Records. DESCRIPTION Parcel 1: That portion of Section 33, Zcwnship 6 South, Range 10 West, of the San Bernardino Meridian: in the city of Newport Beach, county of Grange, state of California according; to an official plat of said land filed in the District Land Office,, August 4, 13900 included within the 100 foot strip of land described in the deed to Pacific Electric Railway Company, a corporation, recorded November 14, 1935 in book '(35 page 1157, Official Records, bounded as follows: On the northwest by the northeasterl;;f prolongation of the goi:theasterly line of 23rd Street as shown on a map of Newport Beach recorded in book 3 page 26 of Miscellaneous Maps, in the office of the county recorder of said county. On the Southwest by the northeasterly line of the land described in the paragraph designated (b) in the final judgment in Case No. 14110 of the Superior Court of the Mate of California in and for the county of orange, a certified copy of which is recorded in book 2919 Page 232, Official Records. Parcel 2: That portion of Section 339 Township 6 South, Range 10 West of the San Bernardino Meridian in the city of Newport Beach, county of Orange, state of California according to an official plat of said land filed in the Distriet Land Office, August 4, 1890, included within the 100 foot strip of land described in the deed to the Pacific Electric Railway Company, a corporation, recorded November 14, 1935 in book 785 page 457 of Official Records, bounded as follows: On the North by the southerly line of to the city of Newport Beach recorded page 15 of Deeds. On the South by the northeasterly pro line of 23rd Street as shown on a map book 3 page 26 of !Miscellaneous Maps, recorder of said county. the land described in the deed April 29, 1919 in book 332 longation of the northwesterly of Newport Beach recorded in in the office of the county Parcel 2 -A: i'hat portion of Section 3.3, Township 6 South, Range 10 West, of the San Bernardino Meridian, in the city of Newport Beach, county of Orange, state of California, according to an official Plat of said land filed in the District Land Office, August 4, 1890 and those portions of lots 1 and 2 in block 127 of the Lake Tract in said city of Newport Beach, as per nap recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county recorder of said county, and as shown on sheet No. 11 of map No. 108 recorded in book 2 pages 1 et seq of Official Maps, in the office of the said county recorder, bounded as follows: On the North by the southerly line of the land described in deed to the city of Newport Beach recorded September 5, 1933 in book 626 page 335 of Official Records. On the southwest by the northeasterly line of the land described in the deed to Loa Angeles Inter -Urban Railway Company, a corporation, recorded May 26, 1904 in book 103 page 356 of Deeds. On the east by the westerly line of the land described in the deed tc the Pacific Electric Railway Company, a corporation, recorded November 14, 1935 in book 785 page 457. Parcel No. 2 -B: That portion of a strip of land being 60 feet in width, over that portion of Section 33, Township 6 South, Range 10 West of the San Bernardino Meridian, in the city of Newport Beach, county of orange, state of California according to an official Plat of said land filed in the District Land Office, August 4, 1890, as described in deed to the Los Angeles Inter-Urban Railway Company, a corporation, recorded May 26, 1904, in boor; 103 page 356 of Deeds, lying between the northeasterly prolonr:xtion of the southeasterly line of 26th Street as shown cm a map of Newport Beach recorded in book 3 page 20" of Miscellaneous Maps, in the office of the county recorder of said county and the northeasterly prolongation of the northwesterly line of 24th Street as shown on said map of Newport Beach. EXCEPT THhT"ROMo that portion of say Avenue lying within said 60 foot strip not vacated by Ordinance No. 261 of the city of Newport Beach dated September 1, 1924, Parcel 2 -C: 'Phat portion of Bay Avenue in the city of NeWport Beaoh, county of Orange, state of California, as per map of Newport Beach recorded in book 3 pane 26 of Miscellaneous Mapa, in the office of the county recorder of said county, and as vacated in Ordinance No. 261 of said city, dated September 1, 1924, described as follows% Beginning at the intersection of the northeasterly prolongation of the southeasterly line of 24th Street as shown on said map with a line parallel with and northeasterly 40 feet from the southwesterly line of that part of Balboa Boulevard (formerly Coast Boulevard) lying southeasterly of said 24th Street; thence southeasterly along said parallel line to its intersection with the westerly line of the land described in deed to the Southern Pacific Railroad Company, a corporation, recorded in book 405 page 250 of Deeds; thence northerly along said westerly line to its intersection with the northeasterly prolongation of the southeasterly line of said 24th Street; thence southwesterly along said prolongation to the point of beginning. Parcel 3: That portion of a strip of land 100 feet in width In Sections 28 and 33, Township 6 South, Range 10 West of the San Bernardino Meridian in the city of Newport Beach, county of Orange, state of California according to an Official plat of said land filed in the District Land Office, August 4, 1890, described in deed to the Pacific Electric Railway Company, a corporation, recorded November 14, 1935 in book 735 page 457 of Official Records, 'bounded as follows: On the North by the northeasterly prolongation of the center line of the alley (10 feet in width) in Block 129 of Lake Tract as shown on a map recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county recorder of said county. On the South by the northerly line of the land described in the deed 0 r] to the City of Newport Beach recorded April 29, 1919 in book 332 page 15 of Deeds. Parcel 3 -A: That portion of a strip of land, 100 feet in width, in Section 28, Township 6 South, Range 10 `¢seat of the San Bernardino Meridian in the city of Newport Beach, county of Orange, state of California according to an official plat of said land filed in the D'_str'i.ct Land Office, August 4, 1890, described in deed to the Southern Pacific Railroad Company, a Corporation, recorded October 14, 7921 in book 405 page 250 of Deeds, bounded as follows: On the North by the southwesterly prolonnZation of the north *Aestel,ly line of lot 25 of a Subdivision of block: 227, Section ''A " a Newport Beach, as shoum on a map recorded in book page: 36 of Miscellaneous Maps, in the office of the county recorder of said county. On the South by the northeasterly prolongation of the center line of the alley (10 feet in width) in Blocs 129 as shown on a map of Lake Tract recorded in book 4 page 13 of Miscellaneous Maps, in the office of the county records= of said county. Parcel 3 -B That portion of Section 28, Township 6 South, Range 10 West of the San Bernardino Meridian in the city of Newport Beach, county of Orange, state of California, according to an official plat of said land filed in the District Land Office, August 4, 18901 described in deed to the Southern Pacific Railroad Company, a corporation, recorded April 22, 1935 in book 746 page 239 of Offidal Records, described as follows: Beginning at the ntersect' ' on of the southwesterly line of the right of way (100 feet in width) described in deed to the Southern Pacific Railroad Company, a corporation, October 14, 1921 in book 4( ;5 page 250 of Deeds, with the northeasterly line of block 129s as shown on a map of Lake `Pratt recorded in book 4 page 13 of Miscellaneous Maps$ in the office of the county recorder of said county; thence north- westerly along said northeasterly line of block 129 to the most northerly corner thereof; thence northeasterly along the north - easterly prolongation of the northwesterly line of said block 129 to its intersection with the southwesterly line of the aforementioned right of way (100 feet in width); thence southeasterly along said southwesterly 100 foot right of :say to the point of beginning. Parcel 4: That portion of a strip of land 60 feet in vildth, over Section 33, Township 6 South, Range 10 West, in the San Bernardino Meridian in the city of Newport Beach, county of Orange, state of California according to an official plat of said land filed in the District Land Office, August 4, 18590 described in deed to the Los Angeles Inter -Urban railway Company, a corporation, recorded May 26, 1904 in boos: 103 page 3506 of Deeds, bounded as follows: On the northwest by the northeasterly prolongation of the southeasterly line of 28th Street as shown on a snap of Newport Beach recorded In book 3 page 26 of Miscellaneous Maps, in the office of the county recorder of said county. On the Southeast by the northeasterly prolongation of the north- westerly line of 26th Street as shown on a mad of Newport Beach. %XCFPT therefrom that portion of Bay Venue lying within said 66 foot strip not vacated by Ordinance No. 261 of the city of Newport Bleach dated September 1, 1924. ALAO EXCEPT therefrom, that portion included withiis the strip of land (10 feet in width) described in deed to the city of 'Newport Beach, 'recorded September 3, 1924, in book 534 pare 394 of Deeds. Parcel 4 -0 The northeasterly 10 feet of a strip of land 60 feet in width over those portions of Sections 23 and 33, Township 6 South, Ran, 10 West of the San Bernardino Meridian, in the city of Newport Beach, county of Orange, state of 011 forma, according to an official plat of said land filed in the District Land Office, August 4, 1890 as described in deed to the ;.cos Angeles inter -Urban Railway Company, a corporation, recorded May 26, 1904 in book 103 page 356 of Deeds, bounded as follows On the northwest by the southwesterly prolongation of the southeasterly line of 30th Street as per map recorded in book 4 page 13 of M3.scell- aneous Maps, in the office of the county recorder of said county. On the southeast by the northwesterly line of the strip of land 30 feet in width described in deed to the City of Newport Beach, re- corded in book 329 page 291 of Deeds. Parcel 5: That portion of a strip of land 60 feet in width over Section 33, Township 6 South, Range 10 �'est of the San :Bernardino Meridian, in the city of Newport Beach, county of Orange, state of California, according to an official plat of said land filed in the District ;land Cffice, August 4, 1890 as described in deed to the Los Angeles inter -Urban Railway Company, a corporation, recorded May 26, 1904 in book 103 page 356 of Deeds, bounded as follows:. On the northwest by the northeasterly prolongation of the southeasterly line of 29th Street as shown on a map of Newport Beach recorded in book 3 page 26 of Miscellaneous Maps, in the office of the county re- corder of said county. On the southeast by the northeasterly prolongation of northwesterly line of 28th Street as shoran on said map of Newport Beach. EXCEPT therefrom, that portion of Bay Avenue lying within said 60 foot strip not vacated by Ordinance No. 261 of the City of Newport Beach dated September 1, 1924, AL:;'D EXCEPT therefrom, that portion included within the strip of land (10 feet in width) described in deed. to the City of Newport Beach recorded September 3, 1924 in book 534 gaze 394 of Deeds. a. °cel E1: That po icn of a strip of la i'. feet In width over portions of Sections 2�" and 33, Townsh`2 6 South„ :ag3e 10 'West of th+ San Bernardino sa@ =_' i &I ",� In the City of '?ewporr. Brach, county of Orange, State of , lilo.i'nia, according; to an official plat of said land filed In t"ne District Land Office, August 42 1390 as described in deed to the Loos Angeles Inter -Urban pAllway : c4 ipuny, a corporation, recorded May 26,1904 in book 103 page 356 c� - °, bounded as follows: On the '.:orthwest by. t're northeasterlY pro<on, ation of the South- easterly line of 30th 4treet as shcwm on a man of Newport Beach, ecOrded LicOR 3 pi?.; f`' 2+S' i C,' o:.v S%iapi, in she office of ;.hf CCUnt,; CCC:. J.i?r GL uc. l iL CGC1C:. ty'. On the southeast by the nor,iieasteYly° p- ,oloraation of the rivrth- westerly line of 2:10th Screew as shovrn on said nap of Newport Beach. XCZPT therefrom, that portion of Bay Avenue lying within said 60 foot strip not vacated by Ordinance Vo. '261 of the city of Newport Beach dated September 1, 1924. ALSO ]_'XCEPT therefro::i, that portion inc ,uded within the strip of land (10 feet In width) described in deed to the city of Newport Beach recorded September 3, 1924 In book 5:34 page 3y4 of Deeuas. Parcel r : That portion of a strip of land 60 feet in width over Section 28, Tovmahip b South, Range 10 ;vest of the San DL:rriardino Meridian in the city of Newport Beach, county of Orange, state. of California according to an official plat of said land fi3.ed in the District Land Office, August 4, 1390 as described in deed to the Lis AtGeles Inter -Urban :a away Company, a corporation, recorded "Ay 25, 1904 in book 103 page 356 of Deeds, bounded as follows: On the southeast by the northeasterly p.^olongation of the north- westerly line of 30th Street as shown on a map of Newport Beach recorded in book 3 page 26 of Miscellaneous 2laps, in the office of the county recorder of said county. On the Southwest by the northeasterly line of Balboa Boulevard (formerly Bay Avenue) 40 feet in width as shown on said map of Newport Beach. Parcel 3: That portion of a strip of land 60 feet in width over Section 23, Township 6 South, Range 10 rest of the San Bernardino Meridian in the c'.ty of %,cwport Beach, county of Orange, state of California, according; to an official plat of said land filed in the District Land Office, August 4, 2890 as described in deed to the Los Angeles Inter Urloaz' _ ?ailway Compan , a corporation, recorded May 260 1904 in boos 103 page 356 of P v.s, be ±inded as follows. On the ,tics °thwest by thy- sc�:th easterl r line of 318t Street as st',G= on a reap of Newport Beach, recorded in book 3 page 26 of miisc e l laneous Viaps, in t zz office of ti-.-c county recorder of said county. On the Southeast by, the northwesterly line of the• ?.0 Foot alley In Elocc 30, as s`ie ;° on said map of Newpo, t Bea -,,1% On the Northeast by the southwesterly line of Balboa 3ouleva (formerly Bay Avenue) 40 feet ir_ vridth, as shown cn said map of Newport Beach. "r'a_cc>l Those portions of lots 16, anc 1: of the Newport Beach Tract ' in the city of Newport Beach, county of Orange, state of Ca2_fo_•r;la, as per rap recorded in book: page 26 of Miscellaneous 2u?ps, in t1it office of the county* re'QOrC4e':.° of said county, and of the South Pacific iailroad right -of 1,my shown on said map, dc:SC "2'Ji2t). ii`3 1- i.Jl_9Ci'+du: at ' 1A e mcEit nootherly corner of said Block 31; thence south- easterly In a stra.'61it 1 ue tc a point on the northwesterly line of 31st Street as shownn, on sal.d map of Ne,,gport Beach, distant 25 feet southwesterly from the southeasterly prolongation of the southwesterly :line: of Balboa Doulevard (fo niorly Buy Avenue) 'K., feet in w:.dt'n as shovrn on said rap, thence . o- th.-asterly along said northwesterly line of 31st Street and along its no.thc�asterly prolongation tc its Intersection with the southeasterly prolongation of the said south - 41esterly 1? ne of salbo!i Boulevard; thence northwesterly mold; said Southeasterly prolongation and alonZ sr::id southwe,stex% ling of Balboa Boulevard to tnn point of bct ;inrLin; . ;�P" that portion included within the alley in said Block 1. NOT1 1: The title to the land described in this guarantee was acquired by the following conveyances. 1. Parcels 1, 2 and 3, from Southern Pacific Railway Coin any, a corporation, by deed recorded November 14, 2935 in book 785 page 457, Official Records. 2. Farcel 2A from Pacific Electric Land Company, a corporation, by deed recorded May 14, 1927 in book 47 page 200 of Deeds, from orange County improvement Association by deed recorded May 112 1944 in book 1254 psZe 148 of Official Records„ and from the Newport Beach Lumber Co. a corporation, by deed recorded May 11, 1944 in book 1242 page 126, Official Records. 3. Parcels 2B, 2C, 4, 4A, those portions of Parcels 5, 6 and 9, shown • 1 ' • • vested in Pacific Electric F.ailway Company, a corporation, and Parcels 7 and 8. maid parcels were ac:taired by Pacific Electric '_bray Company, a corporatic-, by reason of a consolidation of "nZeles InLe_• -Urban '.railway Company,, a corporation, and said ?ac "�c ''18ctr c �.ailway Company, a eorporatic'n; a certified copy Of said : cnsolida`Uon being filed in the C1e ^k's Office of Lraa;;e Cc" Cn ept ;eMber `, 19i1 as file Nwaber j18. Parcels j ?! dr , i,`S:II; Southern iicific Rail.rcad Company, a ecrporation, and itto _lessee Southern Facific Company, a corporation, by deed recorded July 3, 1945 in book 1318 page 526, Cfficial ao c o. -Uz . 5. :hat >a: cn of aac=ce'_ <' shown vested in Pacific �'lectric Land CCmpen , a et rperaticn, b; 6;7!ed from Southern Pacific Railroad Cc:iNanr, acct,vOrtsLl O 4 r =t °8 lessee Sau' °:tern Pacific COmparr, ", a cu:po.�°aticr., by deed reccc,ded November 14, .19,5 in book "(`'S page 453j vffi,ia'_ P.ecords. 6. e:ose por _cns of Pa ~Weis 5 and s ,c.. ,__tested in C t of Newport Beat°:, a runic pa' corporation by the vacation of that portion of Bay PvE81'ue within Parcels 5 and. J, taat; has vacated by Crdinance 261 Of t1:e C]A;t of ewport &:ach, datezi Sesptember 1, 1924 and the condemnation of lots 20 and 21, Block 2 %, and lots 20 and 21, Block 291 of Net,poxvt : <each 'L act, recorded in bond <. 3 Pa. e 26 of Miscellaneous Mops, b;; final decree entered May 2,30 1 19 in the Superior Ceari, Orange ( ",_,unty =, Cas€ No. 9C�9. ADDITIONAL DATA FOR The parti �as hereinafter named are the necessary and proper patties defendant In an act on for condemratien purposes except sucr° parties as ai °_ necessary partners defe•n,:.ant by reason Of taxes, tax eales, assea3m nts or bonds a.ff�v�it�y_:; said land] and b;; .-Cason of interests Het ford; `i eXceptions Nos. 3, 7 and tE:, 1. Pacific electric .Alway Company, Ia California corporation, record owner of Parcels 1, 22 2A, 2B, 2C, 31 4, 4A, '7, 8 and those portions Of Parcels 5, o and 9 more particularly described in the vesting of this guarantee; and as record owner of the easement referred to as axception Number 10; and as record owner of the right oi' reversion refez•rad to as exception Number 2. 2. Pacific Electric Land Company, a California corporation, record owner of Parcels 3A, 3B and that portion of Parcel 9 more particularly described In the vesting of this guarantee. 3. Southern Pacific 1?ailroad Company, a California corporation, record owner alone with it's lessee Southern Pacific Company,-, a Delaware corporation, of the -right of reversion referred to as Excep- tion Number 6. 4. Southern Pacific Company, a Delaware corporation, record owner 0 e4i41 it's lessor Southern Pacific Railroad Coamnat;_, - California corporation, of the right of reversi o.. _referred %o as excepticr Number 6. '. Bank of America wt,—onal Trust and Savin;s Associat- c,: -., a cc °poraLicn, record a;ner of the easeients veferred to as t:xceHtions Nos. 4 arid. 8 Cal:il'orni.a coI'pova -Uon, 1'£c rd tJwner of the leasetioid .t tex ast of the 'same referred to a-, c :xce-tion No. i. An,y and all parties known to the plaintiff or which an exam =n - ation of the premises till disclose as :.1 r =. r><; on claiming, 2'ny irL'erest in eaiu land. IVTC': As to i'arcels 5 and 4:', it is b;.i;'3 G's i;e[P that aver ,- hoL4,,h defen- dant rscif_c Zlectric iaiiway Company, a corporation, has no record time L6o those p or lions of Pat-eels 5 and b, shorn vested in City of Newport Beach, a decree should bs sougizt a -ainst . h_s de-f :y,=—. as to all of Parcels 5 and 1 to eliminate the ^i ;nts, ' any, ;nat >a3.d dei cnuanv. may have acgJs.ved by usage o:e' of r',ea°cels 5 and 6 shown 'taste: in Ci---y of Newport :dead'. NOT",: t J3 as3amed for the purpose of this -,aarantf-e ' hau ;:h4 ma!�-'i;ers referred to in .. ;;ceptions *+'_ t3. I, 3, ' and Li Hill "lot b(: af:'ec'L,ed O,i said action to condemn. This guarantee is issued subject to the following conditions and stipulations which are hereby made a part of said guarantee: 1. The liability of the Company under this guarantee shall in no case exceed, in all, the actual loss of the persons for whose benefit and protection it is issued, and in no case shall such total liability exceed the amount stated on the first page hereof. 2. This guarantee does not include an examination of or a report on: (a) Taxes or assessments which are not shown as existing liens by the public records or by the records of any taxing agency. (b) Mining claims, reservations in patents, water rights, claims or title to water. (c) Any laws, governmental acts or regulations, including. but not limited to zoning ordinances, restricting, regulating or` prohibiting the occupancy, use or enjoyment of the land or any improvement thereon, or any zoning ordinances prohibiting a reduction in the dimensions or area, or separation in ownership, of any lot or parcel of land; or the effect of any violation of any such restrictions, regulations or prohibitions. 3. The following terms when used in this guarantee mean: (a) "public records ": those public records which, under the recording laws, impart constructive notice of matters relating to said land; (b) "!axing agency ": the State and each county, city and county, city and district in which said land or some. part thereof is situated thatlevies taxes or.assessments on real property. In Witness Whereof, Title Insurance and Trust Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on .. J4m'u81y 11, 1954, at T h,u. TITLE INSURANCE AND TRUST COMPANY COPY OF GUARAN= as additional'. liability by as � r sumed. aw G.. PRESIDENT Attest I - Aaala Wt, SECRETARY i 0 December 24, 1953 Mr. E. Van Dusen, Manager Land and Tax Department Pacific Electric Railway Company 610 South Main Street Los Angeles 11+1 California Dear Mr. Van Dusens Enclosed please find highway easement with recording notations and our Resolution No. 4181 -A adopted the 23rd of November accepting same. Yours very truly CITY OF VEWPORT BEACH C. K. Priest City Clerk CKPagjl Enc. pC. t]bt fAW PACIFIC. IAECTRIC ,:.R Y C PAN Y. PACIFIC ELEC`t'RIC SU401,91 -AID GOuTH MAIN STREET - ., 'LOS ANGELES 14. CALIFORNIA in.nw.aiA.p RVTR TO ,. EVAN DUSEN - YANA.RR "no AND TAX OIVARTMZW W- 0: 51018 December 14, 1953�� Mr. John J. Sailors, City Manager o/ City of Newport Beach Newport Beach, California Dear Mr. Sailors: Appreciate your December 2, 1953 letter. and receipt is acknowledged of grant deed and resolution 4181 attached. Under the September 29, 1952 contract the City agreed to dedicate the land parcel lying to the southwest of the deeded property for street and highway purposes. Will appreciate copies of resolution ar ordinances ideb have accomplished this. On checking file, note we forwarded street easement over Pacific Electric Malty on May 22, 1953 with request when City emicuted,documentAras recorded that we be furnished with certified copy of resolution authorizing easement acceptance. Will you please advise statue of this. Tours very truly, PWC:KT II-E3-W PACIFIC &ECTRIC RAILWAY C&PANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET P. 0. ADDRESS 208 EAST 6TH STREET LOS ANGELES 14, CALIFORNIA E. VAN DUSEN MANAGER LAND AND TAE DEPARTMENT October 26, 1953 v move Oz. 1761 IM REPLY PLp {E ALIEN TO L -12347 City of Newport Beach NOV 9 W Newport Beach, California By The CITY COUWx CITY OF NOWPORT BEACH Subject: Lease dated September 15, 1945 covering property at Newport Beach used for bus perking. Gentlemen: Please take notice that effective as of October 1, 1953, Pacific Electric Railway Company has assigned to Metropolitan Coach Lines that certain lease between Pacific Electric Railway Company and you as above described. Metropolitan Coach Lines will stand in place and stead of Pacific Electric Railway Company in and to said lease. You are hereby notified that- a3_1 payments to become due under said lease on or after October 1., 1953, will be made by th6 Metropolitan Coach Lines to you from the address indicated below. Yours very truly, PACIFIC ELECTRIC RAIINAY CCMPANY Manager Land and Tax Department cc. Metropolitan Coach Lines 610 So. Main Street 4s Angeles 14jI California Attnt Mr. B. H. Uecker,, Auditor Mr. N.D. reomans Xr. Jno, J. Sman — Audit #11983 n CITY9F NEWPORT BEICH MEMORANDUM: From City Clerk's Office Ta B4ty Manager --- --- ---- ---- ----- --- ---- - - - - -- ...... - - - - -- -- -Feb. 10,.._1953 - -- 19 The attached recommendation of the Newport Beach Street Planning Committee was referred to your office to obtain an estimate of the cost of appraisal of these properties from the firm of Goode and Goode. Reply wanted ❑ Reply not Necessary C) N"I -10M -8-19 By... .:..... ... ......::. J.aTWEN CM &NOINFIR ity Of Xewport Bede IL California February 9. 1953 To The Honorable City Council City of Newport Beach Gentlemen: The Newport Beach Street Planning Committee appointed by the City Council, herewith submits the following recommendation. It is recommanded that the City Council of the City of Newport Beach take the necessary steps to condemn certain property owned by the Pacific Electric Railway Company in the Newport area, as shown as Parcels 1 to 11 inclusive on the attached map. Respectfully submitted, JBW:MM x -c J. B. Webb % City Engineer TELORONG HARBOR 3131 11 -4 -]M O.C. 1161 PACIFIC4&CTRIC RAILWAY EOPANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET P. O. ADDRESS 208 EAST 6TH STREET LOS ANGELES 14, CALIFORNIA IN REPLY PLEAOE REFER TO E. VAN DIISEN MANAGER LAND AND TAX DEPARTMENT .? Mr. J. B, Webb City BAgimw City of Newport Beach California Dear. Mr. Hebb: CITY CL1;CtiG'S Q'sri'iCL ge,,�:ved to 0 W.O. 34023 (4) �Ja,ne 24, 1953 0 Referring to yaw letter to me 1pri1 27, 1953# relative to request for temporary roadway along the northeast portion of the Pacific Electric Railway Company right of way between 33.at and 47th Streets, Newport Beach: This matter has been given careful study by oar people, but I regret to advise that it has not net with favorable consideration. ZTD:DP Very truly years, „ -11lLM o.c.1m1 PACIFIC AECTRIC RAILWAY C PANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET P. D. ADDRESS 208 EAST 6TH STREET LOB ANGELES 14, CALIFORNIA M RIPLY PLUJL 1111141 TO E. VAN D115EN M/.MLO41 LAND LMO TAY 011P.RTM[MT W. 0. 51018 May 22, 1953 Mr. John J. Sailors, City Manager City of Newport'Beach Newport Beach, California Dear Mr. Sailors: Herewith in duplicate fully executed Highway Easement cover- ing portion of Pacific Electric Railway Company.property on the north- easterly side of Balboa Boulevard at 32nd Street, Newport Beach, being granted by Pacific Electric Railway Company to the City of Newport Beach in accordance with terms of Agreement of September 29, 1952 between the City of Newport Beach and Pacific Electric Railway Company. 'then the City executes the easement, signatures of the officers executing same should be notarized and the recording data affixed to the fully executed counterpart to be returned to my attention. We should also be furnished with a certified copy of the resolution adopted by the City.Council accepting the easement and authorizing and directing the officers to execute on behalf of the City of Newport Beach. EV'D:RT Enels. (2) Yours very truly, 433. SOUTH SPRING STREET • LOSANGELES13 STUART O *MEwENv 'MADISON 6 -2411 November 13, 1951. /—IN RERI v PLEASE RE V tw: *o Hon. City Council City Hall Newport Beach, California Gentlemen: It has come to my attention that there is a petition pending by the Pacific Electric Company before the Public Utilities Commission of the State of California, in which the company requests that the rate for passenger fares be increased approximately 50%. For example, the present round trip fare from Balboa to Los Angeles is $1.44, and if the present petition is granted round trip fares would be twice the single fare of $1.O4, making the round trip fare $2.08. As to those of us living in the City of Balboa Beach who commute to Los An eleB, the 30 -ride book good for 30 days which now costs 17.55, would be increased to $25.65, While this matter is of importance to those of us who have to use the P. E. transportation to go to our work, it seems to me that it is of great importance also to the City of Balboa: Beach as a whole, as the new rates would tend to discourage people coming from Los Angeles to Balboa Beach, and would also have the possible tenden- cy to cause residents to Balboa who have been commuting to Los Angeles to change their residence to Los Angeles. I would respectfully request that your honorable body pass a resolution against the present petition of the Pacific Electric Company and forward thesame to the Pub- lic Utilities Commission at the earliest date possible, so that they will have the benefit of your feeling in the matter at the hearing, which was continued to November 14, 1951, SAC :bc Very i�/- u truly yours, S. A.`�ORT Trust Department SPRAGUE & SPARKS ATTORNEYS AT LAW SUITE 1009 ROWAN BUILDING' R. LESLIE SPARKS RICHARD W: SPRAGUE 4S8 SOUTH SPRING STREET JACK W. STRICKER LOS ANGELES 13,CALIFORNIA November 9, 1951 FILED Hon. City Council City Hall Newport Beach, California Gentlemen; TRINITY 5873 NOV 13 1951 l/ I:1 L { !Y C.L. ":"n`K C'.Ty C:I' .�EwVpORT BEACH It has come to my attention that there is a petition pending by the Pacific Electric Company before the Public Utilities Commission of the State of California, in which the company requests that the rate for passenter fares be increased approximately 50%. For example, the present round trip fare from Balboa to Los Angeles is $1.44, and if the present petition is granted, round trip fares would be twice the single fare of $1.04, making the round trip fare $2.08. As to those of us living in the City of Newport Beach who commute to Los Angeles, the 30 -ride book good for 30 days which now costs $17.55, would be increased to 125.65. While this matter is of importance to those of us who have to use the P. E. transportation to go to our work, it seems to me that it is of great importance also to the City of Newport Bwach as a whole, as the new rates would tend to discourage people coming from Los Angeles to Newport Beach, and would also have the possible tenden- cy to cause residents in Newport who have been commuting to Los Angeles to change their residence to Los Angeles. I would respectfully request that your honorable body pass a resolution against the present petition of the Pacific Electric Company and forward the same to the Pub- lic Utilities Commission at the earliest date possible, so that they will have the benefit of your feeling in the matter at the hearing, which was continued to November 14, 1951, Very truly yours, SPRAGUE & SPARKS By RLS:mt .s` • 0 Corona del Mar, California November 9, 1951 Hon, City Council City Hall Newport Beach, California Gentlemen; FILED NOV 18 195.1 ' " OF N'_-V P'OHT BEACH It has come to my attention that there is a petition pending by the Pacific Electric Company before the Public Utilities Commission of the State of California, in which the company requests that the rate for passenger fares be increased approximately 50%. While this matter is of importance to those of us who have to use the P. E. transportation to go to our work, it seems to me that it is of great importance also to the City of Newport Beach as a whole, as the new rates would tend to discourage people coming from Los Angeles to Newport Beach, and would also have the possible tendency to cause residents in Newport who have been commuting to Los Angeles to change their residence to Los Angeles, I would respectfully request that your honorable body pass a resolution against the present petition of the Pacific Electric Company and forward the same to the Public Utilities Commission at the earliest date possible, so that they will have the benefit of your feeling in the matter at the hearing, which was continued to November 14, 1951, JIH;mp s very trul I. HARN e. 0 6 • REWPORT RARDOR • CHAMBER OF COMMERCE BOX 71B 902 BAEPDA BLVD. BALBOA. CALIFORNIA TELEPHDN(9;.MARBDR 959 &95H HAY LAN.EIENHEIM September 18th, 1951 EXECUTIVE SECRETARY City Council City of Newport Beach Newport Beach, California Gentlemen: By unanimous acceptance the Board of Di- rectors of the Newport Harbor Chamber of Commerce at the regular meeting, Monday, September 17th, 1951, voted to commend the City Council and the Pacific Electric Committee for the securing of the right -away without charge and the extension of 31st Street between Balboa Boulevard and New- port Boulevard. We think it is a move forward in the cleaning up and improving of that section of our Community. We hope that the City Council will see fit to adopt in full the proposed program as mapped out by our City Engineer for the widening of Newport Boulevard in front of the City Hall and its juncture with Balboa Boulevard at McFad- den Place and we urge the improvements of that portion of Balboa Boulevard between Coast High- way and McFadden Place. �: ph Rea a tful urs, Hay ge e m Ezecu ve- ec Lary THE CITY OF NEWPORT BEACH IB COMPOSED OF BALBOA, BALBOA ISLAND. CORONA DEL MAR. LIDO ISLE.. NEWPORT AMC, NEWPORT HTS. ►T r � 1 . September llthp 1951 TO THE HONORABL2 CITY COUNCIL 2 NEWPO&T BRACH I CALIF(hi21IIA. Wep th* undersigned property owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: le That the oounity should take . definite._aation th t3we._,. acquiXiag of such prose :` ' 3sa gr ► f`or the ° lard from Finley Avenue to FILED ce and Balboa Boulevard from McFadden_ Place to Coat R- ''Ibildle-mab 34orough!" area. ... . - , y serving the Newport - Balboa Peninsula are in urgent nesaEP 24 1951 of widening and improvement to handle the increasing flow of traffic upon these streets. Time_----- -- - - - -- In g (.f file _ 2e .It is essential for the improvement of the general CITY CLERK appearances of the approaches to the entire N WFORT BEACA area that the.unsightly Pacific Electric Railway t Station and tracks in the central business district be eliminated and that said Freight station be relocated at a more suitable location in the vicinity of the Santa Ana River. 9e. That said Newport and Balboa Boulevards be properly im- "ed_.when the necessary right -of -way is acquired. 4, We believe the creation of additional C -1 (General Business) zoning in the Newport area as recently requested by the Pacific Electric Company would be very detrimental to our community because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It.is a well known fact that pas proper v.s��aa- existing economic values and adversely established business locations in Newport `r We want to co- operate with you in.this important improvement Septmbsr 11.th TO Tq3 HONORABLE CITY COUNCIL lfr.00FT BEACH, CALIFORNIA Weg the undersigned property owners and merchants of the City of Newport Beach, are submitting to you the following suggestions and are willing to work and co- operate with the City Council in eve_p way possible for the completion of semen 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard fromFinley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the-Newport-Balboa-Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station.be relocated at a more suitable location in the vicl*M of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport Areal as recently requested by the Pacific Electric Company would be very detrimental to'our community, because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known' fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values, and adversely c 0 '`n' mk , . September llthp 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH9 CALIFORNIA We) the undersigned property owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport- Balboa Peninsula are in.urgent need of widening and improvement to handle the increasing flow of traffic upon these streets.. 2. It is essential for the improvement of the general appearar_ces of the approaches to the entire Newport- Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River. 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport areal as recently requested by the Pacific Electric Company would be very detrimental to our community 4 because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt axisting economic values and adversely affect long established business loca� ions in Newport and Balboa. We want to co- operate with you in this important improvement for the betterment of our Community. _ 's September 11th, 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH, CALIFORNIA Wei the undersigned proppearrty► owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A.- _.These main thoroughfares serving the Newport- Balboh Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River. 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our ccmmunity, because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well.known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing eCOnoaiC vaiue8 and adversely affect long established business locations in Newport and Balboa. We want to co- operate with you in this important improvement ty i . ,I .y September llth> 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH, CALIFORNIA Wep the undersigned property owners . and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport - Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traf €ie upon these streets. - ` 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa, Ana River. 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport area$ as recently requested by the Pacific Electric Company would be very detrimental to our community because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values and adversely affect long established business locations in Newport and Balboa. We want to co- operate with you in this important improvement for the betterment of our Community, v4pr V7 5:�Zllll� 31 n r �. TO THE HONORABLE CITY COUNCIL September 11th' 1951 ,r. NEWPORT BEACH, CALIFORNIA We$ the undersigned property owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport - Balboa Peninsula are in urgent need of widening and improvement -to handle the increasing flow of traffic upon these streets. 29 It is essential for the improvement of the general appearances of the approaches to the entire Newport- Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River. 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right =of -way is acquired. 4. We believe the creation of additional.0 -1 (General Business) toning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our community, because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well mown fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values and adversely affect long established business loca� ions in Newport and Balboa. We want to co- operate with you in this important improvement 03 - 39 TV) s i a yd L d 4 T 5 0 TO THE HONORABLE CITY COUNCIL MUPORT BEACH9 CALIFORNIA September filth, 1951 Wa, the undersigned propertF, owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from P!inley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport - Balboa Peninsula are in urgent need of widening and improvement to handle the increasing ;,Low of trsffic upon taws.8treets. 29 It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and traks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acgdired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport areas as recently requested by the Pacific Electric Company would be very detrimental to our community, because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this arew,and to create additional business zoning . will disrupt existing economic values and adversely affect long established business locatiogs in Newport and Balboa, We want to co- operate with you in this important improvement for the betterment of our Community. 1S `_ y S September llthl 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH9 CALIFORNIA Weg the undersigned property owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same; 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares servLne the Newport- Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport- Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River. 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. I+. We believe the creation of additional C -1 (General Business) zoning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our comet nityt because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate.business property in this area and to create additional business zoning will disrupt existing economic values and adversely affect long established business locations in Newport and Balboa. We want to co- operate with you in this important improvement for the betterment of our Community. tear 0 TO THE HONORABLE CITY COUNCIL NERPORT BEACH, CALIFORNIA 0 September lltht 1951 We, the undersigned pr owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co»Qperate with the,City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101•A. These main thoroughfares. serving the Newport - Balboa Peninsula are in urgent need of widening and improvement,to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River. 3. That said Newport and Balboa,Boulevards be properly im- proved when the necessary right -of -way is acquired. N. We.believe. the creation of additional C -1 (General Business) zoning in the Newport area, as recently requftted by the Pacific Electric Company would be very detrimental to our community because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values and adversely affect long established business locations in Newport and .Balboa. We want to co- operate with you in this important improvement' for the betterment of our Community. 7 T al e i 0 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH, CALIFORNIA 0 September 11th, 1951 We, the undersigned property owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the, community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport- Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 1+. We believe the creation of additional C -1 (General Business) zoning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our ccamnunity, because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values, and adversely affect long established business locations in Newport and Balboa. We want to co- operate with you in this important improvement for the betterment of our Community. t a 77 /Y 1,_4a_aX &'k �e P�� f 2 September 11th' 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH' CALIFORNIA Wei the undersigned property owners and merchants of the City of Newport Beach are submitting to you the following suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport - Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. �+. We believe the creation of additional C- 1.(General Business) zoning ip the Newport areal as recently requested by the Pacific Electric Company would be very detrimental to our community t because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values and adversely affect long established business locations in Newport and Balboa. We want to co- operate with you in this important improvement Fn the bettermen -of our ommunity. i September 11th; TO THE HONORABLE CITY COUNCIL NEWPORT BEACH' CALIFORNIA Wev the undersigned property owners and merchants of the C9.ty of Newport Beach are; submitting to you the following suggestions and are willing to work and co- operate with the City Council in eve2y way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard fromFinley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport Balboa Peninsula are in urgent need of widening and improvement to handle the.incr'easing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the.entire Newport- Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said-Freight Station be relocated at a more suitable location in the vicif*ty of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport Area, as recently requested by the Pacific Electric Company would be very detrimental to our community) because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard, It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values and adversely affect long established business locations in Newport ® 2 I� /I ' - September 11th, 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH9 CALIFORNIA Wei the undersigned property *me" and merchatfts of the City of Newport Beach are submitting to you the follo" suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite is the acquiring of such property as may be for the .widening of Newport Boulevard'from Finley Ate_ ue to Mcft"sn Place and Balboa Boulevard frm.2 m' Plo to. 00"t Higharay 1,01-A of 3ft7t -reed of widening and fiftpraVenefit to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport area as recently requested by the Pacific Electric Company would be very detrimental to our community, because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to.createadditional business,zQning _ ... off t- itsuig bed business locatiods In Newport We want to cooperate with you in this important improvement for a betterment of our Community. 21 //JD. V: See September 11th, 1951 TO THE HONORABLE CITY COUNCIL MPORT BEACH, CALIF'OPNIA We, the undersigned ppr ty owners and merchants of the City of Newport Beach are subnt g to you the following suggestions and are willing to work and dperate with the City Council in every way possible for the completii ;.*f same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast Highway 101 -A. These main thoroughfares serving the Newport- Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement'of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River. 34 That said Newport and Balboa Boulevards be properly im- proved when the necessary Tight -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our community because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard. It.is a well known fact that there is already more than adequate business property In this area and to create additional business zoning will disrupt existing economic values, and adversely affect long established business locations in Newport and Balboa.. We want to co-operate with you in this important improvement for the betterment of our Community. Y i I 00ptemb ► 11thi 1951 �TO. THE ii N)Vd A iSr-Gfftr CODNCiL N (PORT BEACH, CAL Ws� the und�trsi4ued .property owners and merchants of the ity of Newport Beach are submitting to you the following sug t oho and are willing to work and co- operate with the City County, every way possible for the completion of same: 1, ghat the community should take definite action in %A' acquiring of such property as may be necessary for the widealft of t Boulevard from Finlqy Avenue to McFa Place and Boulevard fromm McFadden Place to Coast Highway 101 -A, These main thoroughfares serving the Newport- Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets, 2. It is essential.for the . improvement of the general appearances of the a proaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the'central business district be eliminated and that said Freight Station be relocated at ` a more suitable location in the vicinity of the g`anta Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right-of-way is acquired, 4* We believe the creation of additional C -1 (General , Business) zoning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our community because it would open up for futAre . requests for business zoning in this and adjacent areas along Balboa Boulevard, It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning .will disrupt existing economic values, and adversely affect long established business locations in Newport and Balboa, , want to co- operate with you in this important improvement „betterment of,our Community, i September 11th) TO THE HONORABLE CITY COUNCIL NEWPORT BEACH, CALIFORNIA Wei the undersigned property owners and merchants of the City of Newport Beach, are submitting to you the following suggestions and are willing to work and co- operate with the City Council in eve:.•.v way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening Of Newport Boulevard fromFinleyg Avenue to McFadden Place and Balboa Boulevard from McFadden.Place to Coast Highway 101 -A. These main thoroughfares serving the Newport - Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 20 It is essential for the improvement of the general appearances of the approaches to the entire Newport - Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicity of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport Area, as recently requested by the Pacific Electric Company would be very detrimental to our community' because it would open up for future requests for business zoning in this and adjacent areas along Balboa Boulevard, It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values' and adversely affect lone established business locations in Newport D r ti September 11th, 1951 TO THE HONORABLE CITY COUNCIL NEWPORT BEACH, CALIFORNIA We, the undersigned property owners and merchants of the City of Newport Beach, are submitting to you the following, suggestions and are willing to work and co- operate with the City Council in every way possible for the completion of same: 1. That the community should take definite action in the acquiring of such property as may be necessary for the widening of Newport Boulevard from Finley Avenue to McFadden Place and Balboa Boulevard from McFadden Place to Coast, Highway 101 -A. These main thoroughfares serving the Newport - Balboa Peninsula are in urgent need of widening and improvement to handle the increasing flow of traffic upon these streets. 2. It is essential for the improvement of the general appearances of the approaches to the entire Newport- Balboa area that the unsightly Pacific Electric Railway Freight Station and tracks in the central business district be eliminated and that said Freight Station be relocated at a more suitable location in the vicinity of the Santa Ana River, 3. That said Newport and Balboa Boulevards be properly im- proved when the necessary right -of -way is acquired. 4. We believe the creation of additional C -1 (General Business) zoning in the Newport area, as recently requested by the Pacific Electric Company would be very detrimental to our community, because it would open up for future requests for business zoning in this and adjacent areas along Aelboa Boulevard. It is a well known fact that there is already more than adequate business property in this area and to create additional business zoning will disrupt existing economic values, and adversely affect long established business locations in Newport and Balboa, want for of to with you in this important improvement yr Community. I 5 t -- !I it j lJ ii I? It I. I` L 0 kr, Oscar Smith President, P. E. nailway Co, 208 Beat 6th 'Street, Los Angeles, California Dear Mr, Smiths January 8# 1951 Attached hereto, is the map showing the proposed right of way desired by the City of 'iev;-ort Beach, for a connecting street between Newport Boulevard (formerly Central Avenue.) and Balboa Boulevard (form- erly Coast Boulevard), utilising your property between 30th and. 32nd Streets. As you will note, this plan varies in slight detail from the original provision , in that the city has endeavored to safe every possi- ble square foot of railroad property for your Suture use. Kindly note that parcel one, outlined in red, will contain approximately 52,500 square feet of land, with a 315 foot frontage on the proposed street. It rill be 1' 70 feet in dor.th to 30th Street, where it will have a frontage of 150 feet. Meq we oint out that this last mentioned 150.feet is the only usable frontage that the iailway Company has, as presently constitutede Parcel two will have 6,671 square feet, with a frontage of 38 feet on Hawort Boulevard at its intersection with the proposed street, and 175 feet along said proposed street. You will also have, as provided in this plan, parcel three, with 8,175 equsre feet, a frontage of 70 feet on 32nd Street, and a usable depth in owes% of 150 feet on the street to be cre- ated. Parcels designated by the red X. to us, would seem to be usable only to the property owners fronting on 32nd Street. The parcel desis- nated by the green X -1, to not nom, nor will it ever be, of any use to anyone as so constituted. The elimination of this small triangle, and its incorpoftlion into the present street$ will improve the over -all picture in this area. It is the,hope of the City of Newport Beach that you can grant a perpetual easement, 90 foot in widthe in accordance with said attached map. Mr. Smith, we would again like to point out that the parcels Page Two - Mr. Oscar Smith - January 8, 1951 of land a. usably the creation and imorovementO this street, will be amspW'the Most valuable business properties in the City of New ^rt Bench, Vw.Wlsve parcel oaf to be the largest single piece of land available fir development in.the city, ft@ City Council has said, and will affirm, that it is prsparsd s& time to make this improvement item one for ths.nas of all City Oats °Tax Mdniae, until it is completed, and may we point oft that there will be, with the current allocation of #as Tax Y=ds, suffiolsat money to do this'job. After numerous confirenites with the planning consultants who ori`giaal%y recommended this improvement, and with city officials, there Is no plan for a restriction of nays@* to your property fronting on this street, %$ street improvement' a planned, will consist of two 30 foot width roadways, with a 10 toot #1viding strip in the center, on which will be located 31 toot high, double armed. Mercury Vapor Electaoliers. This iaprovement, as recommended by our planning consultants. Is a part of the over -all Visa of the City of Newport Beach, for acqui- sition of your entire right of way, easterly of 58th Street, and as Quickly as possible, the use of the right of way as an extension cf this boulevard. Preliminary Improvement plans are now being prepared i by the City Engineer, and are available for your examination at any time, Thantiag you for your "operation in this matter, we remain, Sincerely yours, —John J. Sailors, City Manager i J. B. Webb, City &nginser Harry L. Blod , C tiC ty AttoAsy Ben Heddiot Cowiitte• appointed by the City Council, of the City of Newport Beach, California CCt James Van Dusan William H. Gorman Juatiu: B. Craomer JOHN J. SAILORS City Manager Telephone lty of Xewport Haarbrbor or 3131 California November 27, 1950 • Bead CITY COUNCIL L L ISBELL Mayor DICK DRAKE ROSS GREELEY DALLAS K. BLUE BRADEN FINCH PLC 'd To The Honorable City Council . - �0 o City of Newport Beach PTC..ented to Cc :nc;l Gentlemen'. The Committee appointed recently, of which the undersigned is a member, for the purpose of investigating and negotiating with the Pacific Electric for the acquisition of a Street Right- OS-Way connecting Newport Boulevard and Balboa Boulevard, has decided- that at this particular time an appraisal should be made of the value of this property. Authority is requested to employ competent Appraisers to furnish the City with this information. Respectfully submitted, John JCAailors JJS:MM City Manager �I -' .0 '. \ Z 711 4� 4 1 A � 7 s Z a 3 . . O J I 4 1 A � 7 s Z a 3 . . W ` a fit 1 t ` a �T 4w, o sz-= 0 h ��1 I oa3 s V o w PA is I 1S -'ry / G, fA yy � ' o.o O See File for Newport - Balboa Street Planning Committee Map No. 1 4A0.9i PACIFfCECTRIC RAILWAY CCOPANY PACIFIC ELECTRIC BUILDING, 610 SOUTH MAIN STREET P. D. ADDRESS 208 EAST 6* STAFET LOS ANGELES 14, CALIiib*WA E. VAMfOU #EN- I�ApRii,f tApR MD 1AX EEPARTNRpt September 14, 1950 City of Newport Beach Newport Beach, Calif. Attn: Mr. C. K. Priest, City Clerk SUBJECT: CORRECT MAILING ADDRESSES Dear Sir: O 11"1 Ip RR..r aRASR RvaR 4o When forwarding any notices, resolutions of intention, assessment data, etc., regarding special street, sewer, light or improvement assess- ments against Pacific Electric Land Company or Pacific Electric Railway Company property, kindly use the addresses as shown below. If the subject concerns Pacific Electric Land Company! - Land and Tax Department., PacificElectric Land Company, 610 South Main Street, Los Angeles, 14, California. If the subject concerns Pacific Electric Railway Company: Land and Tax Department, Pacific Electric Railway Company., 610 South Main Street, Los Angeles, 14, California. The above request is made so that handling of all special assess- ment matters will be expeditied. Your co- ope,rition in changing your mailing list is greatly appreciated. Your very truly, Tax Agent EDM /m COMMISSIONERS RICHARD E. MITTELSTAEOT. PRESIDENT JUSTUS F. CRAEMER IRA H. ROWELL HAROLD P. HULS KENNETH POTTER ADDRESS ALL COMMUNICATIONS TO THE COMMISSION f la ;Fuh it "Uttilifirs Tllllillii55ion STATE OF C A L I F O R N I A April 20, 1949 City of Newport Beach Newport Beach, California Attention Mr. C. K. Priest City Clerk Gentlemen: FILE NO. 125- 19 -6A -S A. 30095 CALIFORNIA STATE BUILDING LOS ANGELES 12. CALIF. AS OF MARCH 23. 1969. OUR ADDRESS WILL BE ROOM 1000. THE MIRROR BLOC AS TELEPHONE MAD140 NA6 G6159. 12 The Commission has for acknowledgment your letter of April 18, enclosing a copy of Resolution No. 3676 adopt.ed by the City Council of the City of Newport Beach on March 28, 1949, concerning the above- numbered application in which Pacific Electric Railway Company proposes to abandon passenger service on its Newport Beach rail line. Your communication and resolution are being for- warded to San Francisco where they will receive the Commission's attention. /Yours very tru�l"yJ, // / /p(�� William H. Gorman Director, Southern California CITY ca: E "N'S f).-FICZ I:ecied Fress� .�d'io �ouxa�31 i I �Qdd;7Plali �. 1j i; It Eras besgt.,br u#* to the attention of the am Gouneil of 2,, #1se Clay of Newport a that t Wcific ylectric AsilaW OaftpenY has 3 POUSUSed. the Public utilities Commission of the State of4 alifornia for tlrl 4 iaband*= 001 Of its rail Passenger ILW service presently operating in sad 5 of the City of N"Part Beach; "A 6 WIT-NW, the present a ' ^"esenger "rules so fmWe* Pacific 7 Electric Hallway OvaWay is entirely inadequate to most the p4ite convenience; 8 and 9 . Pacific Electric 3iail,,my Company proposes to subetltate 10 motor coach paaaseer service is lieu of passenger rail service, which toter 11, sash Passe` servfes will even leas adequately uess the public seeds fhsn 12 the preumt rail passenger sersies; and 13 evTMRSASa the railway tracks ,*"r which ssie passenger and freight 14 i seveieso pr"eatly tnvsls, run along and divide one of the principlor streets 15 of the City of Newport Beach and ti#ersby ermtes a congestion of'VOlic traffic.; 16 BE IT RMLIED by the C iiy Ce;>lasil of the City of 17 Newport Beach tract It is the sense of maid City Cvuneia that the appliowttoa 18 of the Paeifio Slea3tirio Railway Beapssry to abandon its -present passenger rail 19 service be denied.; and 20 AE H FUMMR ESSOLM that all ap-^ropriate ate" be taken to ems"I 21 Pacific Electric Failmay Cesrpaay to institute Pad. provide for more frogvAwt and. 22 more sdegaate mil passenger service to mind. from the City of Newport Beach; and. 23 BB Ii MI ELVZD that if Pacific Electric Railway Company is 24 I permitted to withdraw its present rail passenger service to and from the City 25 ! ' l of Newport Beach that, in that event. said Pacific J ectrie Railway CcnpmW be 26 �I required to osaes the operation of freight rail serrios through said streets of 27 the City of wort Beach and to do all shim,* necessary to make available to 28 , the pablia, the fall use of said streets. 29 1 The abs" and foregoing resolution, was duly and rsgalarly passed and 30 I adopted by the City Gorancil of the City sf Newport Beach, at a regular meeting 31 �i of the City Council Leda an the 28th day of March. 1949. by the following vote. 32 to wits AIa5. COMII.9Y'9 Greeley, Rober—tson, Blue, Isbell and )sake RC,S. COUR6IZ3t'a'ei bone 43 J' GtMc 11 A'M -ft`¢ Eon I ! rrf..... , Never June 4. 1931. 7019 Pacific -oAlevard r r-,,Mtzr.g1ftn i,_ark, 0-x1iforilla T),n . r Sir jlrs?rerinp, ymT letter of Miy 2.. to the status of the aoouiri•ion of the portion of the F. E. risrnt-of-way vest of 37th street, .. eaaY:oe -dvieed that the Gomcil hr,s sec, 1'onday, Jum- 15 as the (.I,,.te of hear'-.n7 on oblections, if eny, to the is--umce of bonds In the amount of 26 1792-00 for the Lrm;,ediqte possession of the 1,•4 ght-of -way. Very trtdy yours r -- It. L. 1'att .7;a: �- -jn CITY CLYDE L. SEA' MY ARMS. COMMIfaIONq EZRA W DECOTO OON111aa10xq I .LEO O. Wx"PT" - MMXblowq 'TXOM AS S LOVI'TIT COMRNSMAE. W:d URR - FOMHZ.O... W. J.MAMDIORD ...I.E. WM.T. GATTCRWHITE II.I... W. R. WILLIAMS EXAM "CR F,pr THOS.M.GANNOX EXAM I N.. IRA H.ROWELL .EXAMINq BRANCH .OFFICE 606 ASSOCIATED REALTY BUILDING '• SIXTH AND OLIVE STREETS I LOS ANGELES TELEPNONE MADISON 1271 dj ( omurlow of tot 04 "Y�DF(ff�lifIIrnt� FIFTH FLO9f C:LIFORMIA.STATE BUILDING '� CIVIC CENTER SAN FRANCISCO, CAL. LOS Angeles December 2, 1930 Mr. R. L. Patterson, City Engineer, Newport Beach, Calif[ H RY G. MATXEWSOX a[GETA W. GFARV we. "ft., .... 'N :FAX..AUGER FIIMN[NL MASI 7 A UR T GEORGE ATTOR . E. T.MCGETTIGAN CNIEFAVTOf[YED[R MEN"A.FRAZIER- noun Om, A G. MOTY CNI.,.... ..k A. V.GUILLOU ADETCMI[F[1MIX... C: C. BROWR ana AxO ELEN0IN[q M.R.M.ERALL N uc ENO N[cN ' A.B.FRY TEL. I.L. ENa1N[[w J.G.HUXTEgwxa >omAnoNdalNEEw H.LEXGELHAROT SAFETY ENOINFEN P: E.DUFOUR vALJXT "eNOINEE[ A. T. PETTEY OFnCUL.A.RT[w TELEPHONE UNDERHILL 6700 ADDRESS ALL COMMUNICITIONS TO RAILROAD COMMISSION OFTXE STATE OFGUFORMIA 183 -30 -6E N Application 16845 n � .Dear Sir:. a Replying to your latter of November 24, is which you advise that your office has not received a copy of decision No. 22991, which granted the City of Newport Beach permission to construct 28th St. at grade across the Pacific Electric Railway Company *s tracks: Undoubtedly a copy of this decision was sent to your City Attorney.' However, we are forwarding your request to our San Francisco office, and if any additional copies of this decision are available, they will be glad to furnish you with same. Please Reply to Los Angeles Offin Very truly yours COLIISSION OF THE ST By SW 4Z '1i Iae6rf: } . Lraiadby , RAMROAWOOi�tr ION ABili+oBe Bn P,e�l PRANK KARR VICE PRESIDENT AND CHIEF COUNGEL Mr. R. L. Patterson, City Engineer, Newport Beach, California. Dear Sir: LoeAivcELSS, Cnr.�oHxns NR PEPLT PLEASE REFER TO No. 39.32 ReCClVea May 24, 18E9 : Perer! , ,1 ..,/... red To........... Pursuant to understanding with you I have had a new agreement prepared with reference to widening Central Avenue. I am sending it to you in triplicate and if satisfactory, please have the three copies executed so we can send one executed copy to the Railroad Commission. Also, please have a resolution passed authorizing execution of the agreement similar to reso- lution No. 482, which was passed by the City Council with reference to. agreement dated December 17, 1928. The changes made are the figure 07 ", which is sub - atituted for the figure "6" in three places in paragraph 1 of the agreement dated December 17, 1928. Paragraph 3 of the original agreement was omitted as the pole franchise has already been granted. I have inserted the words "an easement on" after the word purpose in the first line of the second paragraph after "witnesseth". This is to conform the recital to the agreement in paragraph 2, which originally provided that easements would be granted. I have also added a clause in the egreement that this supersedes and cancels the agreement between the same parties dated December 17, 1928, referring to the same subject matter. When the agreement is executed by the City, please send the three copies to me and I will have them executed by Pacific Eleatrie Railway Company and return one copy to you and send one copy to the Railroad Commission. Yours very truly, awc *cB Eno. PACIFIC iCTRIC RAILWAY CAPANY PACIFIC ELECTRIC BUILDING D. W. PONTIUS Ir. YCUR n_P:: }v PL' ASE Rf`1 R TO VICE PRESIDENT AND GETERAI, MANAGER "II Nt '190 27176 6 Yr. K. L. Patterson, City Engineer, Newport Beach, Calif. Dear Sir: Lug. \�mslass. CAIAFI .N % yjV 2D, 1929, ' , { Q` L {, i 1.,. •. ,{ ......... l This will acknowledge receipt of your letter of 7 +Tay 17th, regarding the matter of opening a street along the southerly line of the Pacific Electric right of way from 31st Street to the westerly city limits: Will be pleased to meet your conAittee in my orfiaep 675 Pacific Electric Building, at 1:30 :PM, Thursday, May 25rd, for discussion of the proposal. In case the above hour anddate is not suitable to you, if you will phone my secretary, Metropolitan 7400, he will make whatever arrangements are necessary. Yours very tr;1y, f 4j4 Ar. D. W. Phontlas, ?• 16. al. Co. 61h aAa in Ste &Gi Anplee► Calif. Dear Sirl the city 00mon 031 No 13th appointed a oommittee to take up with f4ho P"ifto Zloetr►o the smatter of opening a ttreet all the seutherly line of the PaGitio zlootrLe right of way from 31st StroAt to the viosteriy City limits. The Props-A7 kwaars in the violuity of the proposed street opening are wuftovi# to have the streolt opened and improved at ones. as at present they are unable to roach Iproperty except on toot* A number of homes would be built immediately if the owners had means of aad"s to their Rroperty. Owing to the shaUov depth of the lots bet--een the raetfle Xleatrie right of wV and the Ocean, it Is "l-priaoticable to open up the street by aoquiring tho land from the Ocean Pront lots. The only solution to the problem Is for the City: to acquirs, a portion of the Pacific Electric right of wO,* the ►0mmittee appollited b, the council would 1*0 vary much to.meet with you sometime next week and Uedutz the matter with you. Plo&se a4viss me when we ean have an appointment with you* V*27 truly yours, Prifer ion CITY ZNGM-�;Tl RLPOA k a oil oil. 1 fty 10 0 19$9. a.♦ He peak, 7 ;19 Paoifio Blvd. Huntington Park, Calif.' Dear $Sri In a or to JOW letter of May 6th, I wish to state that we an now pre"ring tentative place for the improvement of Us proposed roadvar along the Pacific Metric righttoof -Way in the W8.9% part of Nswport Beach: The plane will be completed by tho and Of next woek: Two tentative layouts are bei{{r�gg pprepared; the first calls for the ao uirinngg of a ton 110) foot strip of land from the Pacific Electric right- of-way and a strip of land cis (.6D feat in width from those lots that do not abut upon the alley or street. The Pacific Electric Railwa. Ca. has stc?.ted in the Past that they would not grant the ten (lo) foot easement unless the easemont was paved with n permanent type pavement. I would.aot think it advisable to put down a permanent type pavement at this time and I am gcin4g to recommend that the alley be shaled. I think that we can get the Pacific Electric to agree to the *haling of the alley The second plan is on somewhat of a larger scale and would necessitate the forming al a larger district to pay for the cost of the improvement. as you ]mow, the sonthern Pacific Railway Co. operates only one train a day over their tracks and no doubt are operating at a loss, and there are very food reasons to believe that they want to abandon their line between Newport Beach and Rantington Beach. Add _. .... . Wykiz v on that basis we have prepared a pioa or that Galls or t 0 abandonment of the Southern Pacific. line and the placing of the ftelfic nectris tracks on*, the present 60 toot right-of-way of the Soutbiorn Pacifid Company from Coast Boulevard to a point westerly of Ora Street. and the eaquiring of the present 60 toot t-9 - way of the Pacific Xlectrie Company by the City of owp6rt Beach for street purposes. It Is proposed to iapxbv6 501" toot of this right-of-way with a 40 toot roadv&V anct a 16 Soot sidewalk and parkway r on the southerly side and the remaining 10 toot strip of the right-of-way to revs" to the abutting property owners: also the existing &lie" be- tween 36th street and Orange Avenue to be vacated io.-favor of the abutting property. this plan would provide for,& 40 foot.*roAdia�v which would take care of four lanes qf:,.traff1 The lots along the Ocean Front would be increased in depth from 10 to 28 toot Instead of being reduced 6 feet, aii"' called for in the first plan* The above to more or loss preliminary at thlatimet but it Is just to give Wou an Idea that we are trying. q-1., . � I got someplace., It will be necessary for us to tigers uV�the cost of the improvements and the district to be bons:M1:18k;-, and also the cost of the Pacific Electric right-of-o►ay• �,tlltke cost of the right-of-way to a matter that will huve to.b discussed with the Pacific Ilectric-poopl#. I think that tit Pacific Slectrio will orobabl.r., agree to the plan prqv1dU4. Southern Pacific will abandon in their favor, and %he pay for the cost of moving thelr tracks and possibly r0li the Radifie Electric of any assessments in the improvenents# I will be glad to read your letter to the Ci'%q C oknal and as I have stated before, we should be in a positid1h by old of next week to take the matter up with a comm too be't approaching the Pacific Electric Railway Ca4 "gard4.n,7 th improvement Yours very traly, An r. ver - Your 'Va-,,ch 19i'l-1 ;8:u Sting Ii f o r m.,,- t V) n regudin- the PA" if the street southerly. .Of f-vuv in the 'rest:Pikjrtol • Ne-Port Sench;o Please.bA: .Aftimed that the 01-mmber of co'n.aelce to t&k1hg thIAjoatter *up rith the Pa.cif to Mctrlo Comr--any - in View of &ttfl` ft P tan or fifteen foot r084,.;,- en::ememt along the Gouth*rly side o--' tl-i-ir rig;-,t-o.:L , 4iy. IT Jntil this Mlement to Acq.xlrecl, the City would not be Justified in Otartin,-,- procesdings Zo.- the improvement. A petition -ms submittec', by ce- i,ajjj Property ) the � t that there 0 mere in tMa Aistriot, but ovin,-; t, � fac viero Only ten eignfttures on the peti-tion while th'$ je is R-Z. -.roximntely sixty lote that rwild be e1fobtea: bf,the- improvemant, the petition Was returned for, more sire_: - natures. very truly ::ours, CI TV XCEGINUR, PHONE MIDLAND 1347' + R. H. PECK Oil FINANCE BROKER AUTOMOBILE LOANS FIRE. CASUALTY AND AUTO INSURANCE 9019 PACIFIC BOULEVARD HUNTINGTON PARK, CALIF. ,.ecerrea ._ Parch 19th,1929 City 1.aLineer, Ncsa..ort BeFch, Gal.- Dear Sir: - "ay I J .rqu:i e ;rha.t is holdin:T u1> the bu luing or E ,fit; eet ba:ek of the oce<.n ° runt lots in "Nest Nev.,ort where there is ;;o -11e;;• or street to ,he pro_ erties? 7.11, t )-roceeclln,ls would you recaar:cnd to the ::roger ,y o- :.hers so thut c:n allley or street can be h,, in rile i media —le fu:,ure? 1 am c i,r,,-,.,erty ovine-1- c.nd ai ac(ua -ntet wit wit4 nand o•,'n.ers wao are anyioiis for a street so . they may bu_ld on their lots. ihcn'.in: oi;. for .% real-, I ZLm Very trl.dy yours,, i ' 4P 1 Pacific Electric Los Angeles, California. Gentlemen: February 2n,1, 1929. Rail,W Company, Attention: Ernie Hayw% rd, Engineering Ilept. A representative of your Company was here to see me regarding tho property to be acquired from the Pacific Electric Railway Company and the Southern Pacific Company on !oast Boulevard in the vicinity of Twenty —third Street. I was out of the office at the time he called. It is proposed to pave the property to be aoquired and the existing guard posts to be moved to the Northerly side of the property acquired* o are not contemplating putting in curbs, but if your Company requires curbs to be constructed, they will be oonstruc:ted at the expense of the City. The cost of all improver-onto will be biie�fe by the City and the Pacific Electric and Southern kacific Company will be relieved of payinp; any assessments for the improvements. Very truly yours, r ;DIOINEE ?R, City of RLP:L%A, Newport, Beach. "PETIT I O T( TO THE BOARD OF TRUST'_.LS OF THE CITY O.F. NYUPORT BEACH: �? We, the undersigned, each a qualified elector residing in that territory or portion of the' ty of Newport Beach here inart*�"'� described, and which Is proposed to be formed into a municipal im- provement district, and cobleatively beini***nd constituL n than ten per cent of all the qualified electors residing therein, do hereby petition: FIRST: That all that territory or portion of the City of Newport'.. Beach, a general description og the exterior boundaries of which is s as follows: Located in the City of Newport Beach, County of Orange, State of California, and beginning at the intersection of the northeasterly line of Surf Avenue and the northwesterly line of BxStreet; thence southeasterly along the northeasterly line of Surf Avenue to the south- easterly line of E *Street: thence southeasterly in a direct line to::::. the southwesterly corner of Lot F. of Tract No. 518, as per map thd - of recorded in Miscellaneous Maps. Book 17, Pages 33,..34, 35, and 36, Records of Orange County, California: thence southeasterly along the southwesterly and southerly lines of Lots F. G, H, I and J. of.the aforesaid Tract No. 518 to the southeasterly corner of the last mentioned Lot J: thence northwesterly in a direct line to the most southerly corner of Lot 1, Block P. of the aforesaid Tract No. 518: thence northeasterly along the southeasterly line of the last mentioned Lot 1 to the most easterly corner of the last mentioned Lot.l: thence northwesterly along the northeasterly line of the last mentioned Lot 1 and along the northeasterly line of Lot Pa, Block P. of the aforesaid Tract 23o. 518, to U. S. Bulkhead Station No. 108, as said Bulkhead Station is laid out and shown upon a mpg of Newport Bay, California, showing harbor lines, approved by the War Department, January 18, 1917: thence northwesterly along the U. S. Bulkhead Line, extending from U. S. Bulkhead Station. No. 108 to U. S. Bulkhead Station No. 109 'as said Bulkhead line and Bulkhead stations are laid out and shown upon the aforesaid map of Newport Bay, California, showing harbor lines to the last mentioned U. S. Bulkhead Station No. 109: thence northwesterly in a direct line to the northeasterly corner of Lot 7, Block S.of the Bay Front Section of the Balboa Tract, as racorded in Miscellaneous Iaaps Book 6. Page 15, Records of Orange County, California: thence westerly and northwesterly along the northerly and northeasterly line of the aforesaid Bay Front Section of the Balboa Tract to its inter- section with the northeasterly prolongation of the northwesterly line of B- Street: thence southwesterly along the northwesterly line of B- Street to the place of beginning, be formed into a municipal im- provement district for the purpose of creating an indebtedness to be repres;nted by bonds of said district. The proceeds from the sale of which bonds shall be used for the acquisition of ri3hts -of -way for public street purposes. A general description of the right -of -way for public street purposes to be acquired is as follows! The acquisition of a right -bf -way for public street purposes including all that portion df the Pacific Electric Rail- way Company's right -of -way sometimes referred to as Central Avenue, described as follows, to -wit; Beginning at the intersection of the northrrPsterly line of B- Street and a Line, which line is six-(6) feet southwesterly of and parallel with the northeasterly line of Central Avenue; thence southeasterly and east- erly along a line, which line is six (6) feet south -west- erly of and parallel with the northeasterly and north- erly lines of Central Avenue, to the southerly prolonga- tion of the easterly line of L- Street; thence southerly along the easterly line of L- Street to the southerly line of Section 35, Township 6 South, range 10 Nest, San Bernardino Base and Lzeridian; thence westerly along the southerly line of the last mentioned Section 35 to . its intersection with•a line, which line is six (6) feet northeasterly of and parallel with the southwest- erly line of that part of Central Avenue lying easterly of E- Street; thence northwesterly along a line, which line is six (6) feet northeasterly of and parallel with the southwesterly line of Central Avenue to its inter- section with the northwesterly line of B- Street; thence northeasterly along the northwesterly line of B- Street to the place of beginning. SECOND. That the Board of Trustees of the City of Newport;Beach, as tide legislative body thereof, pass and adopt an ordinance of said City declaring its intention to call an election in said pro- posed municipal improvement district, for the purpose of submitting to the qualified electors of said municipal improvement district the proposition of authorizing the issuance and sale of bonds of said district, in the manner and for the purposes to be set forth in said ordinance of intention. THIRD. That the Board of Trustees of the City of Newport Beach take all other necessary and proper steps and proceedings for the acquisition of said hereinbefore described right -of -way, as pro- vided for and required in an Act of the Legislature of the State .0 dlb� • of California, entitled, "An Act to provide for the formation of districts within municipalities for the acquisition or eonstruction of public improvements, works and public utilities therein; for the issuance, sale and payment of bonds of such districts to meet the cost of.sueh improvements; and for -OW W V.e acquisition or construction of such improvements" (approved April 20, 1915, and any acts that are amendatory thereof.) SIGNATURE RESIDETTCE DATE OF SIGNING. ,X y �li.d/C y 19-/C ON . '.•- V U mv -3- 0 .0 �k ok, RMIDENOE DAME OF SIGNIIQG. L, Sebring, Clerk of t?.;e city of J ?evrport 3each, do hereby certify and swear ti.at t:Iie signatures ]-ereto affixed are the naves of more tian ten percent, of all the qualified electors residing in tae teeeito-ry or portion of t';e C,-,* of eoaport Beech herein described. 6IV. D. % '; T''` T ; . ?, ",'!;TS 12T" DfiY OF P OU l' rz, 1924. „� rw - �l il Ai >> S173SC3IB"D �M) 'T- ;GMT O _ 4 4' i l- x R . !`+ w } s rr� } 1 j ... j {■� SSSYYY x R . !`+ w } s rr� } 1