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HomeMy WebLinkAboutProperty Acquired for ParksCITY OF NEWPORT BEACH Office of CITY ATTORNEY April 23, 1979 To: Honorable Mayor and Members of City Council From: City Attorney A xr, s r Subject arceLAIt : :Irvine Terrace,Park zJ) On May 8, 1978, the City Council found that four small parcels of Irvine Terrace Park to the rear of four homes located on Malabar Drive were no longer required for park purposes. This was largely due to the fact that because of the topography in the area of these four parcels (sunken ravine) they could not practically be used with the rest of the park property. On May 22, 1978, the Council adopted Resolution No. 9360 declaring its intention to abandon these park parcels and to hold a public hearing to consider any objections to the aban- donment. The public hearing was held on June 26, 1978, and no one appeared to object to the abandonment. On August 28, 1978, the Council adopted a resolution authori- zing the Mayor and City Clerk to execute a grant deed conveying the parcel behind the property at 712 Malabar Drive. We have recently been informed that the owner of the property at 718 Malabar Drive would like to purchase the park parcel to the rear of his property. The subject property has been appraised at $3.00 a square foot. There are 3,325 square feet in the parcel adjacent to 718 Mala- bar. The purchase price therefore computes to be $9,975.00. The property owner will be responsible to provide fencing. The resolution on this evening's agenda authorizes the Mayor and City Clerk to execute a grant deed conveying the parcel behind the property at 718 Malabar to the owner of the 718 Malabar Drive property. l Dennis D. O'Neil ti RESOLUTION'NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED OF A PARCEL OF IRVINE TERRACE TO THE PROPERTY'OWNER AT 718 MALABAR DRIVE WHEREAS, the Newport Beach City Council found.and determined that a portion of Irvine Terrace Park was no longer required for parks purposes; and WHEREAS, on June 26, 1978, the City Council held . s a public hearing to consider any objections to the abandonment a of said portion of Irvine Terrace Park; and - WHEREAS, the owner of the property located at 718 Malabar Drive wishes to purchase the parcel of previously abandoned park property to the rear of his property; and ,j WHEREAS, the City Council has.determined that it would be in the best interest of the City to convey said property to the owner of the.property at 718 Malabar Drive, " NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby authorize the Mayor and City Clerk to execute a grant deed and any escrow documents for the conveyance of certain City -owned property which has been abandoned from Irvine Terrace Park, more particularly described on the attached Exhibits marked Exhibits "A" and "B'" made a part herein by this reference. ADOPTED this 23rd day of April. 1919. ATTEST: City Clerk Mayor DDO /kb 4/13/79 l City of N '@each - .Public Works Department D CRIPTION FOt01 PROJECT NO. LOCATION CITY PARKeBEHIND 718 MALABAR DRIVE REF. DWG. R/M- 5402 -L PURPOSE DATE April 9, 1979 PREPARED W. B. CHECKER A.I.M. PROOFED A.I_M. That portion of Lot 93 in Tract 1701 as shown on the map recorded in book 52, pages 9 and 10 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California described.as follows: Beginning at the most southerly corner of Lot 88 of said Tract 1701; thence northeasterly along a curve, concave northwesterly and having a radius of 440 feet; thre a central angle of 2 38'40" distance of 28.31 feet; thence N 39 38100" E a:distahce.of 45,00: thence S 50 22'00" E along the southeasterly prolongation of the northeasterly lot line of Lot 88, a distance of 50.00 feet; thence S 39 °38'00" W a distance of 45.00 feet to the beginning of curve; concave north - westerly and having a radius of 490 feet; thence southwesterly along said curve, thru a central angle of 2 38140" a distance of 22.62 feet. Thence N 47 °43'20" W along the southeasterly prolo0ation of the southwesterly lot line of Lot 88, a distance of 50.00'"to the point of beginning. Containing in all 3,324.75 square feet. EXHIBIT .j .n I 0 6C<11- E•' / ". CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT A ol= G o7' 9.3 7-,L::'-4C7- 17o •r V 111 j I j� ti I r L�� vn 4 Q DRAWN_oFr, C-7, DATE j5Z.L!.04 --i APPROVED PUBLIC WORKS DIRECTOR_ 1,60 . R.E. NO. DRAWING NO.,01,W— 9400 —L PO. B DRAWN_oFr, C-7, DATE j5Z.L!.04 --i APPROVED PUBLIC WORKS DIRECTOR_ 1,60 . R.E. NO. DRAWING NO.,01,W— 9400 —L M/ ,0 NEWPORT CENTER BRANCH No- 1020 47613 lank of Amerint f�.Lx NATIONAL ASSOCIATION 0 2 0 .'.IJL '79 1666/1220 NEWPORT BEACH, CALIFORNIA DATE— PAY TO TUB O,,m o City Of lel ToOr 3panh RIZEDSIGNATURE Ot, 716 L 31" 1: L 2 20111006&". LO 2043318 5 Looll "O� ! 4t 1 ,DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, is to be surrendered to Tru+lec for cancellation, before recom,eyance will be made. ,-INTEREST EXTRA Note Secured by Deed of Trust 8.000 00 Newport Beach July 17 78 ................................ . - ............. ....... ... ... , California -------- -- I-- ------------------------------------------ 19 ............ In instalments is herein stated, for value received, I promise to pay to__ CITY-:OF --- NEWP04T ... BEACH or order, .at .... B.C.t iRKt..Boat;.1.ls... Qa.Uorn a....--' ........................................ .......................... ---'- ............... - ....... -' - .....- .... .........._........ - ' ...'- ' ' ' - ........' ...- ........ -...- -..............,...._..... - ..... -.... -' .......,.....'- --............. the sum of -- EIGKT..:THOUSAND,.A Vll.:NO[ 100 4t -- with interest from .. July - -17, 1978_- . ( ee date endorsed on back)..... on u❑ aul prmclpal at the rate of ..... SIX per cent per annum, payable July 1, 1474 and annually. thereafter .. .. ....:..........' ' .:..... ' ....... .. -' .. ' - ' ' ..... ................ ......_........ ;_principal payable in instalments of ,.TbiO__22iOI.SBND _AND- NU�100.- - -..�..:._ - - ---- - - - ...-....... - ..... -- ..-..-..Dollars or more on the first ... da of each ........................ i2� . ..... .... .... ... .. month, beginning on the yy .. g g first................... (lay of. Jule .:. ig.79 and continuing up to.. and including July 1....1482 when the .. balance of principal and interest then remaining ..... ------ , ------------------------ ------ ------- ---- -------- ------ - .......- --------- - - ---- --------------------------------------------- .............. ' .......... ............................ ---------------------------------------------------------:......-----.....---...----------.............---..._---.,..----.....------------------------.-.:...-------,........._------------:._`------ att /fdiit "d}liAMMtfu"YM inEdrMdl4kh ijb0i. Should interest not be ]laid when flue it shall thereafteAcar like interest as the principal, but in no event shall such impaid interest so compounded exceed an amount equal to simple interest on the unpaid principal at the maxinnim rate permitted by law. The undersigned promises to pay costs of collection and reasonable attorney's fees whether or not suit is filed in case this note be not paid in accordance with its terms. Should default he made in the payment of any said instalments of prin- cipal or interest when clue, then the whole sum of principal and interest shall become immediately dale and payable. Principal and interest payable in lawful innucy, of the United States of America. This note is seaircd liy a Deed of Trust of even (late herewith. to SECURITY PACIFIC NATIONAL BANK, .a National Banking Association. S�i� � LENNAIYl .1NDBRSON ...._ .... ............................... _... ............................... 5355 ESC 2575 13 71' 25 SUZ.1RINE ....................... iERSON Please accept our thanks for this opportunity to serve you. We trust that we may continue to be of service (o yuu. Yours very truly Received the enclosures: SECMIFI TIONAL SANK ray_ — —� -- Chris Copelard, enior Escrow Ofiicer Date IF A COPY of this letter is enclosed, please receipt for the enclosures on the copy and reittt 021378 6 -77` 100 IOY TfOnsmillpl letttt -_. _- -- _� j S. SECURITY PACIFIC NATIONAL BANK Newport Bah 714/759 -4135 OFFICE k__0. Box 1847 3415 ViA Lido Npyzpnrr Bparh CALIFORNM 99663 F DATE Sept- 17, 1979 Mr. and Mrs. Sven Lennart Anderson ESCROW No.72 -1350 712 Malabar Drive Corona del Mar, Calif. 92625 L In connection with the above numbered escrow, the iterr Note for $8,00000PY FOR YOUR INFORMATION) Duplicate Deposit Slip for $ Escrow Statement (X ) Check for $10. 13: I s indicated below are enclosed: Title fns. Policy No, to follow Fire Ins.. Policy No. for $ Fire Ins. Policy No. for $ Receipt for Recorded documents to which you are entitled will be mailed to you by the County Recorder. Any other documents to which you are entitled, will be sent you as soon as they are available. Title and Fire Insurance Policies, if any, are usually held by the party holding the first encumbrance. Paid, Notes and Trust Deeds are held by the Trustee. COUNTY TAXES ON REAL PROPERTY BECOME DELINQUENT AS FOLLOWS: First Instalment after December 10, and Second Instalment after the following April 10. If Buyer does not receive a Tax Bill one month prior to the delinquency date, a written request for same should be made to the County Tax Collector; include legal description. Where Lenders impound funds for payment of taxes they usually secure the Tax Bill. Some cities and districts collect their own taxes, which may have different delinquency dates. Our files indicate the following: A payment on the.loan(s) of record is due as shown below: AMOUNT DATE DUE IN FAVOR OF (or held for collection by) ADDRESS * $2,385.33 July 1, 1979 City of Newport Beach, Att City Attorney, 3300 Newport Blvd. City Hall, Newport Beach, CA *Principal payment $2,000.00 plus interest at 6% from 9/12/78 to 7/1/79. 92663 *estimated. Insurance Company Policy No. Amount of Coverage Expiration Date Please accept our thanks for this opportunity to serve you. We trust that we may continue to be of service to you. Yours very truly Received the enclosures: SEC ; /G(- A,CIFI TIONAL BANK By Chris Copeland, senior Fscrow Ofticer IF A COPY of this letter is enclosed, please receipt for the enclosures on the copy and rclturn- iusr---- -"-'�I 1 01.1310 6-17'1' 100 10Y Trensmillpl letter � % i s SECURITY PACIFIC NATIONAL BANKER ESCROW No Sven Lennart Anderson & Suzanne Louise Anderson Por. of Lot 1701 Ci 72 -1350 Newport Beach OFFICE of Newport Bea CDOCUMENTS RECORDED _ tuber 1 ?9 78 Debits # Credits. eposits —Cash $ S 21 3 J. 5 Total Consideration for —Deed Note 1 0. 0 0 0 0 Paid Outside of Escrow (as indicated in escrow instructions) Unpaid Principal Balance —Trust Deed of Record New Note and Trust Deed 8. 0 0 L.. 0 C' Interest $ xx ® % from to — xx Mtg. Ins. S Xx 1 yr. from to Taxes & Xx mo. from to PRO- XXno. from to RATA — Rents.$ tRX from to XX .$ Prem.$ XX yr. from to 'Ins. Commission Payoffs I Beneficiary's. Fee for Furnishing Demand and /or Statement (paid lender) Water Stock Transfer Fee Impounds: Mortgage Insurance, Taxes & Assessments and Fire Insurance U_ndisbursed Loan /Bldg. Loan A/C including recording Notice of Completion Title Company's Charge for Title Policy $104.75 fee 5 2 3 7 Title Company's Charge for Reconveyance Fee (paid trustee) Documentary Transfer Tax .Recording Deed 4_00 Trust Deed (� 00 Reconveyance _ If t Recording RPSnlutinn $5_.00 5 Taxes Assessments Tax Service .Insurance Real Estate Loan Fee Escrow Fee on Sale 57.50__ Purchase 57_i0 Loan Exch. 5 7 5 0 Drawing Deed Nnte,f Trust Deed .$10_00 5 0 _ Drawing Deposited to the Account of C_' eck_H_ere_with 1 CI 1 3 Balance Due This Bank THIS STATEMENT SHOULD BE RETAINED FOR INCOME TAX PURPOSES TOTAL I.$V1 0. 1 3 1 5 C # 0 1 0. 1 3 7...5 l 02-659 2-77* 100 10Y The County Recorder has been advised of the address to which you wish your recorded document mailed. 3475 Via Lido 714/759 -4135 C SECURITY PACIFIC NATIONAL B WW . Escrow 72 -1350 Newport Beach Office Date 10(4/78 Att City Attorney: p City Clerk: Enclosed to title policy in connection with property sold to Sven Lennart Anderson and Note secured by Trust Deed you hold. Yo q sin�';ly,/, s Copelgohd, CITY OF NEWPORT BEACH Att Dennis O'Neil City .♦ttorney City Hall 3300 Newport Blvd. Newport Beach, CA 92663 i 8985 3-]], 50 PS i, Form No. 1084 (10/73) . California Land Title Association Standard Coverage Policy Form Copyright 1973 �'s � y POLICY OF TITLE INSURANCE ISSUED BY First American Title Insurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' feesand expenses which the Company may become obligated to pay hereunder, sustained or incurred by said insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or Claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company 8Y PRESIDENT ATTEST �/ — 4 6 SECRETARY 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Com- pany may have had against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, de visees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. The term "insured" also includes (i) the owner of the indebt- edness secured by the insured mortgage and each successor in ownership of such indebtedness (re :serving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as described in the first sentence of this subparagraph (a) that the Company would have had against the successor's transferor), and further includes (ii) any. governmental agency or instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (iii) the parties designated in paragraph 2 (a) of these Conditions and Stipulations. (b) "insured claimant': an insured claiming loss or damage hereunder. (c) "insured lender ": the owner of an insured mortgage. Id) "insured mortgage ": a mortgage shown in Schedule B, the owner of which is named as an in- sured in Schedule A. (e) "knowledge ": actual knowledge, not con- structive knowledge or notice which may be im- puted to an insured by reason of any public records. (f) 'land ": the land described, specifically or by reference in Schedule C, and improvements at- fixed thereto which by law constitute real property; provided, however, the term "land" does not in- clude any area excluded by Paragraph No. 6 of Pan I of Schedule B of this Policy. (g) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (h) "public records ": those records which by law impart constructive notice of matters relating to the land. 2. la) CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE BY INSURED LENDER If this policy insures the owner of the indebt- edness secured by the insured mortgage, this policy shall continue in force as of Date of Policy in favor of such insured who acquires all or any part of the estate or interest in the land described in Schedule r C by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which dis- charges the lien of the insured mortgage, and if such insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of such in. sured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insur- ance or guaranty insuring or guaranteeing the in. debtedness secured by the insured mortgage. After any such acquisition the amount of insurance here under, exclusive of costs, attorneys' fees and ex. penses which the Company may be obligated . to pay, shall not exceed the least of: 0) the amount of insurance stated in Schedule A; lit) the amount of the unpaid principal of the indebtedness plus interest thereon, as deter- mined under paragraph 6 (a) (iii) hereof, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by mid insured mortgage at the time of acquisition of such estate or interest in the land; or • CONDITIONS AND STIPULATIONS (iii) the amountpaid by any governmental agency or instrumentality, if such agency or instru- mentality is the insured claimant, in acquisition of such estate or interest in satisfaction of its insur- ance contract or guaranty. (b) CONTINUATION OF .INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date. of Policy, in favor of an insured so long as such insured retains an estate or interest in the land, or owns an indebtedness secured by a pur- chase money mortgage given by a purchaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured. 3. DEFENSE AND PROSECUTION OF ACTIONS — NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in litigation To the extent that such liti. gation involves an alleged defect, lien, encum- brance or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing 0) in case of any litigation as set forth in (a) above, 00 in case knowledge shall come . to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If such prompt notice shall not be given to the Company, then as to such insured all liability of the Company shall cease and termi- nate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any such 'insured under this policy unless the Company shall be prejudiced by such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inter- est or the lien of the insured mortgage, as insured; and the Company may take any appropriate action, whether or not it shall be liable under the terms of this policy, and shall not thereby concede liability or waive any provision of this policy. (d) whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any such litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discre lion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits or re- quires the Company to prosecute or provide for the defense of any action or proceeding. the in- sured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to um. at its option, the name of such insured for such purpose. Whenever re quested by the Company, such insured shall give the Company, at the Company's expense , all reason- able aid (1) in any such action or proceeding in effecting settlement, securing evidence, obtaining su witnesses, or prosecuting or defending ch action or proceeding, and (2) in any other act which in the opinion of the Company may be necessary or desirable to establish the title to the estate 6 interest or the lien of the insured mortgage, as in- sured, including but not limited to executing cor- rective or other documents. 4. PROOF OF LOSS OR DAMAGE — LIMITATION OF ACTION In addition to the notices required under Para- graph 3 lb) of these Conditions and Stipulations, a proof of loss or damage, signed and sworn to by the insured claimant shall be furnished to the Com- pany within 90 days after the insured claimant shall ascertain or determine the facts giving rise to such loss or damage. Such proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or dam- age, and, when appropriate, state the basis of calculating the amount of such loss or damage. Should such proof of loss or damage fail to state facts sufficient to enable the Company to determine its liability hereunder, insured claimant, at the written request of Company, shall furnish such additional information as may reasonably be necessary to make such determination. No right of action shall accrue to insured claimant until 30 days after such proof of loss or damage shall have been furnished. Failure to furnish such proof of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS AND OPTIONS TO PURCHASE.IN- DEBTEDNESS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against, or to termi- nate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any .costs, attorneys' fees and expenses in- curred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, the Company shall have the further option to purchase such indebted. new for the amount owing thereon together with all .costs, attorneys' fees and expenses which the Company is obligated hereunder to pay. It the Company offers to purchase said indebtedness as herein provided, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral .securing the same to the Company upon payment therefor as herein provided, Upon such offer being made by the Company, all liability and obligations of the Com- pany hereunder to the owner of the indebtedness secured by mid insured mortgage, other than the obligation to purchase said indebtedness pursuant to this paragraph, are terminated. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of: 0) the actu al loss of the insu red claimant; or (ii) the amount of insurance stated in Schedule A, or, if applicable, the amount of in surance as defined in paragraph 2 (a) hereof: or (iii) if this policy insures the owner of the indebtedness secured by the insured mortgage, and provided mid owner is the insured claimant, the amount of the unpaid principal of said indebted. ness, plus interest thereon, provided such amount shall not include any additional principal indebted. ness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the insured mortgage and secured thereby. (b) The Company will pay, in addition to any loss insured against by this policy, all costs im. Posed upon an insured in litigation carried on by (Continued on inside back cover) Form No. 1084 — A ' CITA Standard Coverage Policy Copyright — 1973 SCHEDULE A Total Fee for Title Search, Examination and Title Insurance $ eyes 7c Amount of Insurance: $ 10,000.00 Policy No. OR- 1252574 Date of Policy: September 12, 1918 at 8:00 A. H. 1. Name of Insured: CITY OF NEWPORT BEACH, a municipal corporation and EVEN LENNART and SUZANNE LOUISE ANDERSON. 2. The estate or interest referred to herein is at Date of Policy vested in: SVEN LENNART ANDERSON and SUZANNE LOUISE ANDERSON, husband and wife, as joint tenants. 0 3. The estate or interest in the land described in Schedule C and Which is covered by this policy is: A Fee. t<4 page 2 Form No. 1084 — B . CLTA Standard Coverage Policy Copyright — 1974 SCHEDULE B • 'r OR- 1252574 This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: Part One: 1.'Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in .possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6.. right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to an chedule C, or in abutting streets, roads, avenues, alleys, lanes; ways or waterways, but nothing in this paragraph I modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict- ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern- mental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects; liens, encumbrances, adver ims; or other matters (a) created, suffered, assumed or agreed to by the in- sured claimant; (b) not shown by blic records and not otherwise excluded from coverage but known to the insured claimant either at Date of Po icy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured . claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Part Two: See following attached pages for Part Two. �tz Page 3 - OR- 1L52574 i, General and :special Taxes ter the fiscal year 1976 -1979 aAien not yet payable. 2. An Easement as snown on the map of said tract For: public utilities and incidental purposes. Over: the Northwesterly 10 feet of said land. 3. An Easement for underground lines anu incidental purposes as set forth in an instrument . Recorded in Book 2891, page 113 of official Records, over: the Northwesterly 4 teet of said land. 4. An Easement for underground lines and incidental purposes as set forth in an instrument Recorded in book L893, page 473 of Ofticiai Records, Over: the Northwesterly 9 feet o said iand. 5. A Perpetual Aviation Easement in and through the air above the herein described and other land, as conveyed to the County of orange by The Irvine company by deed recorded March 17, 1964 in book 6965, page 711 of Official Records, and the terms and conditions as set forth in said deed, to which record reference is hereby maue for all particulars. 6. Limitatio..s, covenants, conditions, restrictions, reservations, easements, exceptions, terms, assessments, liens and charges in an instrument recorded in book 9752, page 373 of official eecords which provide that a violation thereof shall not defeat or renuer invalid the lien of any mortgage or deed of trust made in goal faith and for value, but deleting restrictions, if any, eased on race, color, religion or national origin. Instruments declaring modifications of said covenants, conditions and restrictions, but deleting restrictions therein, if any, based on race, color, religion or national origin, recorded in Book 9808, page 8813 of Otticial Records and in Book 11748, page 1027 of Official iecord;,. Page 4 Page 5 OR 7. A Deed of Trust to secure an indebtedness of $8,'000.00, recorded September 12, 1970. Dated: July 17, 1975. Trustor: Sven Lemiarr. Andersov-And Suzanne Louise Anderson, husDdnd and w w-ife. Trustee: Security,Paciric National Bank, a,National Banking ASS.qC;,.#tjGn. . Beneficiary: City of Newpiiii�--Deach, a municipAl corporatit As Page 5 1 ..4 . SCHEDULE C OR-1252Y' SLN:lk The land referred to in this policy is situated in the State of California, County of Orange. City of r.e-riYort Beach, a". is described as follows: That portion of Lot 93 in Tract 1701, as shown on a !yap recorded in iLu3k 52, rage -10 of ;:iseellaneous Maps, in the office of the Recorder of County of Orange, State of California, described as tollows; I: Beginning at the most southerly corner of Lot 89 of said Tract 17U1. thence South 3710 08' 40" rasa 4;.00 feet along the Southeasterly prolongation of the southwesterly line of said Lot 69 to the neginning of a curve concave Northwesterly and Craving a radius of 40,e.00 feet: thence Northeasterly 111;.97 feet along said Curve through a central angle of 100 349 40" to a point on the Southeasterly prolongation of the Northeasterly lane of said Lot 89, said point being 42.00 feet as measured along said Southeasterly prolongation from the most Easterly corner of said Lot 89: thence North 470 42' iO" west 41.00 feet along said Southeasterly prolongation to the Easterly corner of said Lot 89, said corner being ou a curve concave Northeasterly and having a radius of 440.00 feet: thence Southwesterly 81.i3 feet along said curve thru a central angle of 100 34' 40" to the point of beginning. Page 6 t a° �x yb Nu a w as N� �" v0 W a it it NN qb °a 0 inH a m tl n � m r ^ m n m n �8 ti m o o H o Nk n�a 2 y w • 40 Bgy��f • � �giYE % / Q•l�It35 r+ ...:• tiV ^� O Q tea: Y y oa '1 O ! ' O Jam. SANUNELLA TERRAGF It y � � J n O� J.• I :. •i rte, Z L�.l• � v o O gONNiE OOONE ; t TERRACE 7 N/GNWAV 2 oCOAST - m 2 n � ` $ N • CONDITIONS AND STIPULATIO* (Continued from inside front cover) the Company for such insured, and all costs, attorneys' fees and expenses in litigation carried on by such insured with the written authorization of the Company. (c) When the amount of loss or damage has been definitely fixed in accordance with the con- ditions of this policy, the loss or damage . shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under thispolicy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance in- sured against hereunder, by litigation or other- wise, removes such defect,: lien or encumbrance or establishes the title, or the lien of the insured mort- gage; as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured, as pro- vided in paragraph 3 hereof; or (c) for liability voluntarily admitted or assumed by an insured without prior written consent of the Company. 8. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro Canto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipula- tions, shall not reduce protanto. the amount of the insurance afforded hereunder as to any such in- sured, except to the extent that such payments reduce the amount of the indebtedness secured by such mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured :owner of the indebtedness secured by the insured mortgage, . except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy, as to the insured owner oftheestate or interest covered by this policy, . shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this .policy, or (b) a mortgage hereafter executed by an which is a charge or lien on the estate or interest described or referred to in Schedule A, and the .amount so paid shall be deemed a payment under this .policy. The Company shall have the option to apply to the payment of any such mortgage any amountthat otherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this Policy and the amount so paid shall be deemed apayment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage; unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof, 10. SUBROGATION UPON PAYMENT OR .SETTLEMENT Whenever the Company shall have paid or settled a claim under this policy, all right of sub- rogation shall vest in the Company unaffected by any act of the insured claimant, except . that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or re lease a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, .provided such act occurs prior to receipt . by such insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any low of priority of the lien of the in- sured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does . not cover the loss of such insured claimant, the Com- pany .shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall be in subordination to an insured mortgage. If loss should result from any act of such insured claimant, such act shall not void this policy, but theCom- pany, in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount; if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorse ments and other instruments, if any, attached here to by the Company is the entire policy and con- tract between the insured and the Company. Any claim of loss or damage; whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby, or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President,. the Secretary, an Assistant Secretary, or validating officer orauthor- ized signatory of the Company. No payment shall be made without producing this policy for endorsement of such payment un- less the policy be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. 12. NOTICES, WHERE. SENT All notices required to be given the Company and any statement in writing required to be fur- nished the Company shall be addressed to it at its home office at 421 North Main Street, Santa Ana, California, 92701, or to the office which issued this policy.. w U z M� M z w a F F f� O U H O al 0 0 0 P a, o LL Q V Q1 U N W z a a� a i z d (� U LL LL 0 � W N f Order Escrow � Number .. ............................... Number...... 35Q....... RECORDING REQUESTED BY WHEN RECORDED. PLEASE MAIL TO CITY OF NEWPORT BEACH 'DU FNewporf,A11 d. City Hall .................. ............................ ......................... Newport Beach, CA 92663' ................... .... ............................ ................................ ' ATT City .ittorney • 12836Pc 1614 12959 t- r. ± EX1_,;; PT RECORDED AT REQUEST CE L 33 FIRST AMER. TITLE INS. CO. IN OFFICIAL RECORDS OF ORANGE Ro!;NTY. CALIFORNIA 8:OOA.M SEP 121978 LEE A. BRANCH, Counfy Recorder SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF TRUST and Assignment of Rents THIS DEED OF TRUST, made this....,. 17th.... - -- -day of ........ _._.- July------------------------------- 19.78.., BETWEEN SVEN__LENNART- ANDERSON and LOUISE ANDERSON} --- - - -- husband and wife .... . . ..... .... .. .............. ............................................... herein called TRUSTOR, whose address is. ........... 71.2.- Malabar_ Drive..._,___,......_._.Corona del_ ,Mar- _- __,____...Cali_f._______ _____________________._92625 -__ (Number and Street) (City) (State) (Zip Code) SECURITY PACIFIC NATIONAL BANK, a National Banking Association, herein called Trustee and ................ CITY_.OF_. NEWPORT BEACH. a municipal corporation herein called BENEFICIARY, WITNESSETH: That Trustor irrevocably GRANTS, TRANSFERS and ASSIGNS to TRUSTEE IN TRUST WITH POWER OF SALE, that property in_ --- _---- Orange .......................... County, California, described as: THAT PORTION of Lot 93 in Tract 1701 as shown on the map recorded in Book 52, page 20 of Miscellaneous Maps, in the office of said Orange County, described as follows: Beginning at the most southerly corner of Lot 89 of said Tract 1701; thence South 370 081 4011 East 42.00 feet along the Southeasterly prolongation of the Southwesterly line of said Lot 89 to the beginning of a curve concave northwesterly and having a radius of 482.00 feet; thence Northeasterly 111.97 feet along said curve thru a central angle of 100 341 4011 to a point on the Southeasterly prolongation of the Northeasterly line of said Lot 89, said point being 42.00 feet as measured along said Southeasterly-prolonga- tion from the most easterly corner of said Lot 89; thence North 470 431 2011 W 42.00 feet along said Southeasterly prlongation to the easterly corner of said Lot 89, said corner being on a curve concave northeasterly and having a radius of 440.00 feet; thence South- westerly 81.23 feet along said curve thru a central angle of 100 341 4011 to the point of beginning. TOGETHER wtTH the rents, issues, royalties and profits thereof, SurjzC However, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, royalties and profits. For the Purpose of Securing (1.) Performance of each agreement of Trustor contained herein. (2.) Payment of the indebtedness evidenced by one promissory note of even date herewith in the principal sum of $.AxQQ.Q.x.QQ ..... .......................executed by Trustor and payable to Beneficiary or order, and exten- sions or renewals thereof. A. To protect the security of this Deed of Trust, Trustor agrees: 1. To keep said property in good condition and repair; not to remove or demolish any building thereon; tocomplete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon;. to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws affecting said property or requiring any alterations or improve- ments to be made thereon; not to commit or permit waste thereof ;.not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reason- ably necessary, the specific enumerations herein not excluding the general. 2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount col- lected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee.; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, or in any action or proceeding instituted by Beneficiary or Trustee to protect or enforce the security of this Deed of Trust or the obligations secured hereby. 4. To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. 5. Should Trustor fail to make any .payment or to do any act as in this Subdivision A hereof provided, then Beneficiary or Trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any incumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. 6. To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the rate called for in the note secured hereby, or at seven per cent per annum, whichever is greater, and the repayment thereof shall be secured hereby. 053561 3 -77* Ps B. It is mutually agreed that: � ' 2835pt 116-15 1. Any award of damages in connection with any condemnation for public use of or injury to said property or Any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt pay- ment when due of all other sums so secured or to declare default for failure so to pay. 3. At any time or from time to time, without liab�ity therefor and without notice upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and withobt affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. Trustee may, but shall be under no obligation or duty to, appear in or defend any action or proceeding purporting to affect said property or the title thereto, or purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. 4. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconve y, y, without warranty, the .. property then held hereunder. The recitals in such reconveyance of any matters or facts shall he conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto." Five years after issuance of a full Reconveyance, Trustee may destroy said note and this Deed of Trust. 5. Trustor hereby absolutely assigns to Beneficiary during the continuance of these Trusts, all rents, issues, royalties and profits of the property affected by this Deed and of any personal property located thereon. Until Trustor shall default in the payment of any indebtedness secured hereby or in the performance of any agreement hereunder, Trustor shall have the. right to collect all such rents, issues, royalties and profits earned prior to default as they become . due and Payable, save. and excepting rents, issues, royalties and profits arising or acerning by reason of any oil, gas or mineral lease of said property. If Trustor shall default as aforesaid, Truster 's right to collect any of such moneys .shall cease and Beneficiary shall have the right, without taking possession of the property affected hereby, to collect all rents, issues, royalties and profits. Failure or discontinuance of Beneficiary at any time, or from time to time to collect any such moneys shall not in any manner affect the subsequent enforcement by Beneficiary of the right, power and authority to collect the same. Nothing contained herein, nor the exercise of the right by Beneficiary to collect, shall be, or be construed to he, an affirmation by Beneficiary of any tenancy, lease or option, nor an assump- tion of liability under, nor a subordination of the lien or charge of this Deed to, any such tenancy; lease or option. 6. Upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be filed for record. Trustee shall be entitled to rely upon . the correctness of such notice. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as then may be required by law following the recordation of said notice of default and notice of sale having been given as then required . by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine (but subject to any statutory right of Trustor to direct the order in which such property, if consisting of several known lots or parcels, shall be sold), at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by pub- lic announcement at such time and place of sale, and from time to time thereafter may postpone such sale .. by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed conveying the .properly so sold, but without any covenant or warranty, expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of : all sums expended under the terms hereof, not then repaid, with accrued interest at the rate provided in Paragraph A6; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. 7. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust Upon such appointment, and without conveyance to the successor trustee, the later shall be vested with all title, powers and duties con- ferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record, which, when recorded in the.office of the. County Recorder of the county or counties in which ghe- property is situated, shall be,conelusive proof of proper appointment of the successor. trustee. 8. This .Deed applies to, inures to the benefit of, and.binds all parties hereto, their heirs, legatees; devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder; including pledgees, of the note secured hereby, whether or not named-As Beneficiary - herein. In thls Deed, whenever the context.so requires, the masculine gender includes the feminine and /or neuter, and the singular number includes the plural. - 9. Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record 'p provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or in which Trustor, Beneficjaryor Trustee shall beta party unless brought by Trustee. 10. Any Trustor who is a married person hereby expressly agrees that recourse may be had against his or her separate property, but without hereby creating any present lien or charge thereon, for'any deficiency after sale of the property hereunder. 11. For any statement regarding the obligations secured hereby, Beneficiary may charge the maximum amount permitted by law at the time of the request therefor. The undersigned Trustor requests that a copy of any. notice of default and of any notice of sale hereunder be mailed to him at his address hereinbefore set forth. / STATE OF CALI NIA, ) Si.Ca.�L <• r'rr� JM� . }SS. SVEN ART XeiVIderson EBS,ON COUNT F - ) r On before me, the tinder- E'�72LC -r��'• / /fr�. }.���'J signed, a Notary blic in and for said State ersonally a eared SLL$ ne Loul SYEY7 L &NNART ANDERSON and �� NE LBp(7ISE ANDERSON , known tome to be the person whose name a are subscribed to the within instrument and acknowledged that they executed the same. WITNESSmy hand Tialseal . (Notary Public's Signature) If executed by a Corporation the Corporation Form of Acknowledgment must be used. F a is Z Q W m z �, og ! vy Z. , P4 1 „r w w 0 F °B ^1, O tE o�y ` P4 Q W Z F . N u9a va w U � CI o z S I- Y:� O 1L r In IL (([���� r mtl 1 0 A N 4:H y n n un mm�niwiwnmm�mnmanmmmmmmnmmm .ssoaomny Enm mmu ^Y,m, 3 OFFICIAL SEAL CHRISTABEL COPELAND e NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN '- ORANGE COUNTY € My Commission Expires May 7, 1982 bnrnnnnnnnnunronm,,. m ,mmmmmm�nnmmmw,nwnn,mmnwmmmmnnnT UU LYVI .1W.— REQUEST FOR FULL RECONVEYANCE To be used only when note has been paid. ,19, T#- SECURITY PACIFIC NATIONALBANK, TRUSTEE: The undersigned hereby certifies that he is the legal owner and holder of the note, dad aR othe, indebted- ness secured by the within. Deed of Trust: that said note, together with all such other indebtedness has been fully paid and satisfied: and regaests and direotss you, on payment of any .sums owing to you under the terms of said Deed of Trust, to cancel said note and all other evidences of indebtedness delivered to you herewith aecured by said Deed of Trust, and to reconvey, without warranty, to the Parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder - MAIL RECONVEYANCE TO: DO NOT DESTROY THIS NOTE: W paid, this note, with Deed of Trost seen . e, is to be surrendered to Trustee for 1Wancellation, before reconveyance will be 74F INTEREST EXTRA Note Secured by Deed of Trust $8, 000.00 Newport .Beach July 17 78 .............................. . .................. ............ .. ...........California----------------- ... . -- ]9- ....... In instalments as herein stated, for value received, I promise to pay to ---- C1TY_OF ... EWPORT-- HEACH -- I -------------------- -- ----------------------------------------------------------- .. ....... ..... .......... .------------------.....-------...._.....---.....------.....--- ororder, at....hexepA.rt.. . ------------------- ....................... .....--------------------- ......................................... ............----------------.....----.......... ...-- ---------------- ---------- ......... .......................... -- ...._-------------- - ---- --- -- the sum of EI T.. t10USAND..ANU.. L1D0 ---- = ...e...e - -...... - - -- .DOLLARS, ..: -- - with interest from ------- uly- -17, -- 197$--- (4ee -- date-- ef►doT -aed. on,.baek)--- _............on unpaid principal at the rate of -!n--SIX - - - -- -.per cent per annum, payable . Jul -y 1,, 1974 and annually -- thereafter ....... -- --------------------------------------------- ------------------------------------------------------------ ....................................... ; principal payable in instalments of --TWO- -THOU- SAND - AND -NOj1QO--- ..r.:_- ---- ...- - =..-. - ---- ,..-- .-.r.. -._ ^--- - -- -- ---- ..r_..e._....-..- ..-...-- - -..Dollars .... or more on the .......... fiLat---- .. -... -._day - of each------- .........:..... 12th.._...... ..._.........._....... .......... ..........month, beginning on the -------------------- day of -------- JU -1 ..................................................... ------------- - -- 19,.79.... _and --- continuin8, uP...ta.. _unpaid_ --------------------------------------- ------- add t4tRkdj4d fiA+A "4 ffjjUYdJd' ih "JtjV*k1Qj kk13. ^ / Should interest not he paid when due it shall thereafter bear like interest as the principal, but in no event shall such unpaid interest so compounded exceed an amount equal to simple interest on the unpaid principal at the maximum rate permitted by law. The undersigned promises to pay costs of collection and reasonable attorney's fees whether or not suit is filed in case this note be not paid in accordance with its terms. Should default be made in the payment of any said instalments of prin- cipal or interest when due, then the whole . sum of principal and interest shall become immediately (]tie and payable. Principal and interest payable in lawful money, of the United States of America. This note is secured by a Deed of Trust of even date herewith to SECURITY PACIFIC NATIONAL BANK,. a -National Banking Association. SVEN LENNART ANDERSON 5355 ESC 2575 izai'- zs SUZANNE LOUISE ANDERSON • • SECURITY PACIFIC NATIONAL BANK _ 714/759 -4135 Newport BP`ech OFFICE P O Box 1847 A25 via Lido Newport Beach CALIFORNIA 92663 DATE Sept. 12, 1978 CITY OF NEWPORT BEACH ESCROW NO. 72 -1350 City Attorney Dennis O'Neil 3300 Newport Blvd. City Hall Newport Beach, CA 92663 L J In connection with.the above numbered escrow, the items indicated below are enclosed: Note for $8,000.00 Title Ins. Policy No, to follow Duplicate Deposit Slip for $ Fire Ins. Policy No. for $ Escrow Statement ( X ) Fire Ins. Policy No. for $ Check for $ 1,878.62 Receipt for Recorded documents to which you are entitled will be mailed to you by the County Recorder. Any other documents to which you are entitled, will be sent you as soon as they are available. Title and Fire Insurance Policies, if any, are usually held by the party holding the first encumbrance. Paid Notes and Trust Deeds are held by the Trustee. COUNTY TAXES ON REAL PROPERTY BECOME DELINQUENT AS FOLLOWS: First Instalment after December 10, and Second Instalment after the following April 10. If Buyer does not receive a Tax Bill one month prior to the delinquency date, a written request for same should be made to the County Tax Collector; include legal description. Where Lenders impound funds for payment of taxes they usually .secure the Tax Bill. Some cities and districts collect their own taxes, which may have different delinquency dates. Our files indicate the following: A payment on the loan(s) of record is due as shown below: AMOUNT DATE DUE IN FAVOR OF (or held for collection by) ADDRESS Insurance Company Policy No. Amount of Coverage Expiration Date Please accept our thanks for this opportunity to serve you. We trust that we may continue to be of service to you. Yours very truly Received the enclosures: SEC=A I ZONAL BAN Lis- Copela 7 en or Escrow 6ei IF A COPY of this letter is enclosed, please receipt for the enclosures on the copy and return it to us. 021376 6- 7* 100 10Y Transmittal LWW 7 AUG 28 1978 By the CITY COUNCIL CITY OF NrewPORT BEACH CITY OF NEWPORT BEACH Office of CITY ATTORNEY August 28, 1978 To: Honorable Mayor and Members of City Council D — 2. Ca From: City Attorney Subject: Sale of a Small Portion of Irvine Terrace Park On May 8, 1978, the City Council found and determined that a small portion of Irvine Terrace Park (see map attached to Resolution) was no longer required for park purposes. On May 22, 1978, the Council adopted Resolution No. 9360 declaring its intention to abandon this small parcel of the Park and fixed June 26, 1978, as the date to consider any objections. Having received no objections on June 26, 1978, the City Council authorized the subject property to be sold to the adjacent landowner. The Resolution on this evening's agenda will direct the Mayor and City Clerk to sign the grant deed conveying the property. Attached is the Parks, Beaches and Recreation Commis- sion's report dated May 8, 1978, which contains additional back- up information. d .? • DENNIS D. • DDO /kb Attachment CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION May 8, 1978 TO: MAYOR & CITY COUNCIL FROM: PB & R Commission SUBJECT: IRVINE TERRACE PARK RECOMMENDATIONS: 1. In accordance with the Municipal Park Abandonment Law, make the following findings: a. That a portion of Irvine Terrace Park, as shown on the attached photo, has not been used by the public; b. That no public funds have been used to improve said portion of the Park; c. That the land is no longer required for public park purposes. 2. Direct the staff to prepare a resolution of intent to abandon the described property. 3. Set a Public Hearing, 30 days after adopting the above resolution, to hear any objections to the proposed abandonment. 4. In accordance with a letter from the Irvine Terrace Community Association, dated 5- 22 -76, give consideration to using money derived from any sales for improvements in the Irvine Terrace area. DISCUSSION: G -1 On October 28, 1975, the City Council authorized the staff to work out details with The Irvine Company and four residents of Irvine Terrace for the sale of a portion of Irvine Terrace Park to the adjacent property owners. On December 8, 1975, the Council authorized the City Manager to have the parcel of nark appraised in order to establish a fair market price for the sale. To date, only one property owner, Lot 89, has committed himself to the purchase, but it is anticipated that others will show a desire in the near future.. If the sale is completed, it will involve 3,570 square feet at $2.80 a square foot for a total of $10,000 paid to the City over a five -year period at 6% interest. Inasmuch as the land values and interest rates have increased since the offer to sell was made to the adjacent property owners in 1976, the PB & R Commission, in a review of the subject on 1- 31 -78, felt that the property owners should install a fence along the new property line to compensate for the increased value. The one buyer has agreed to construct a six -foot high decorative fence along the new property line at his expense. The staff has received the approval of The Irvine Company and the Irvine Terrace Conmiunity Association Board of Directors to proceed with the sale. In order to enter escrow with the adjacent owners, however, the above findings must be con- firmed and Public Hearing must be held. After the terms of the Municipal Park Abandonment Law have been complied with, the sale or sales can proceed. L2 y� '� m'-L fames B. Wood, Chairman JBW:CCS:h (OVER) _ E §CROW STATEMENT. SECURITY PACIFIC NATIONAL BAPV T0. CITY OF NEWPORT REACH Legal Description: Por of Lot 93 Tract 1701 (Irvine Terrace ESCROW NO. 72 -1350 NEWPORT BEACH September 12 OFFICE DOCUMENTS RECORDED September 1?9 78 Debits Credits Deposits —Cash $ ls Total Consideration for —Deed Note. 1 0.0 0 0 U Paid Outside of Escrow (as indicated in escrow instructions) Unpaid Principal Balance —Trust Deed of Record New Note and Trust Deed 8.0 0 Interest $ XX 0 % from to Mtg. Ins. $ 1 yr. from to XX Taxes $ o. from to PRO rffiX from to RATA — Rents $ mo.*r m to XX Ins. $ Prem. $ XX yr. from to Commission Payoffs Beneficiary's Fee for Furnishing Demand and /or Statement (paid lender) Water Stock Transfer Fee Impounds: Mortgage Insurance, Taxes& Assessments and Fire Insurance Undisbursed Loan /Bldg. Loan A/C including recording Notice of Completion. Title Company's Charge for Title Policy 4104.75 fee 5 2 3 8 Title Company's Charge for Reconveyance Fee (paid trustee) Documentary Transfer Tax Recording _ Deed 4w00 Trust Deed 4.00 Reconveyance 4.0 0 Recording Resolution $5.00 2 5 0 Taxes Assessments Tax Service Insurance Real Estate Loan Fee Escrow Fee on Sale 57.50 Purchase 57.50 Loan Exch.j Drawing Deed Trust Deed & Note 10.00 Drawing Deposited to the Account of C eck Herewith Balance Due This Bank THIS STATEMENT SHOULD BE RETAINED FOR INCOME TAX: PURPOSES TOTAL $1 0.0 0 0. 0$ 1 CL 0 0 CL 0 C 023689 2-77* 100 roy The County Recorder has been advised of the address to which you wish your recorded documents mailed. - a , ,M1 •r i , y yW • l� '� /T + AA Y 1 v v , r, 1 t AUG 2 8 1978 By the QfY COUNCIL `/ :ITY OF NgINPQRT BPAC : RESOLUTION NO. 9 �` l % A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED CONVEYING A PORTION OF IRVINE TERRACE PARK WHEREAS, on May 22, 1978, the City Council adopted Resolution No. 9360 declaring its intention to abandon a portion of Irvine Terrace Park, more particularly described in Exhibit "A" attached hereto and made a part herein by this reference; and WHEREAS, on June 26, 1978, a public hearing was held to consider objections to said abandonment; and WHEREAS, it has been determined to be in the best interest of the City to sell the property as described in Exhibit "A" to the adjoining landowners, Sven Lennart and Suzanne Louise Anderson, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby authorizes the Mayor and City Clerk to execute a grant deed on behalf of the City of Newport Beach conveying the property described in Exhibit "A" to Sven Lennart and Suzanne Louise Anderson. ADOPTED this 28th day of August , 1978. Mayor ATTEST: City Clerk DDO /kb 8/18/78 W 1 \) I r I , jjjjjj p .1 X, IV/4' Ale- O -7fl- kn Ili NI nl R �4ALASAQ Y. 4, 1 0 <. City of Newport Beach - Public Works Department DESCRIPTION FORM PROJECT SALE OF CITY PROPERTY PARCEL NO. --- LOCATION City Park behind 712 Malabar Drive REF. DWG. - -- PURPOSE DATE PREPARED G.W. CHECKED A.I.M. PROOFED A.I.M. That portion of Lot 93 in Tract 1701 as shown on the map recorded in Book 52, Page 10 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the most southerly corner of Lot 89 of said Tract 1701; thence S 37008'40" E 42.00 feet along the southeasterly prolongation of the southwesterly line of said Lot 89 to the beginning of a curve concave northwesterly and having a radius of 482.00 feet; thence northeasterly 111.97 feet along said curve thru a central angle of 10 034'40" to a point on the southeasterly prolongation of the northeasterly line of said Lot 89, said point being 42.00 feet as measured along said southeasterly prolongation from the most easterly corner of said Lot 89; thence N 47 43'20" W 42.00 feet along said southeasterly prolongation to the easterly corner of said Lot 89, said .corner being on a curve concave northeasterly and having a radius of 440.00 feet; thence southwesterly 81.23 feet along said curve thru a central angle of 10034'40" to the point of beginning. EXHIBIT "A" l o.. •the CITY J • CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION TO: MAYOR & CITY COUNCIL FROM: PB & R Commission SUBJECT: IRVINE TERRACE PARK RECOMMENDATIONS: May 8, 1978 1. In accordance with the Municipal Park Abandonment Law, make the following findings: a. That a portion of Irvine Terrace Park, as shown on the attached photo, has not been used by the public; b. That no public funds have been used to improve said portion of the Park; c. That the land is no longer required for public park purposes. 2. Direct the staff to prepare a resolution of intent to abandon the described property. 3. Set a Public Hearing, 30 days after adopting the above resolution, to hear any objections to the proposed abandonment. 4. In accordance with a letter from the Irvine Terrace Community Association, dated 5- 22 -76, give consideration to using money derived from any sales for improvements in the Irvine Terrace area. DISCUSSION: b --3 On October 28, 1975, the City Council authorized the staff to work out details with The Irvine Company and four residents of Irvine Terrace for the sale of a portion of Irvine Terrace Park to the adjacent property owners. On December 8, 1975, the Council authorized the City Manager to have the parcel of Park appraised in order to establish a fair market price for the sale. To date, only one property owner, Lot 89, has committed himself to the purchase, but it is anticipated that others will show a desire in the near future. If the sale is completed, it will involve 3,570 square feet at $2.80 a square foot for a total of $10,000 paid to the City over a five -year period at 6% interest. Inasmuch as the land values and interest rates have increased since the offer to sell was made to the adjacent property owners in 1976, the PB & R Commission, in a review of the subject on 1- 31 -78, felt that the property owners should install a fence along the new property line to compensate for the increased value. The one buyer has agreed to construct a six -foot high decorative fence along the new property line at his expense. The staff has received the approval of The Irvine Company and the Irvine Terrace Community Association Board of Directors to proceed with the sale. In order to enter escrow with the adjacent owners, however, the above findings must be con- firmed and Public Hearing must be held. After the terms of the Municipal Park Abandonment Law have been complied with, the sale or sales can proceed. fames B. Wood, Chairman JBW:CCS:h (OVER) . `- Iii •• r :�r . ;a � ' . ..�j' 'V". i. � y Z{ �r,21 v v ,fie � � tr•. � F} 1. r hl �� �, �- ; Vy Al a 'o kTi- ft Y`1 1.1 .. '•. B of F 9.F. �.��y�, {r ��Ll }�\' A, w t r V • Y � \ % h t �� � �•a? arr. � J r � g AFFIDAVIT OF POSTING On I posted on the property involved a Notice o ublic Heari g regarding: Resolution No. 9360; a resolution of the City Council of the City of Newport Beach declaring its intention to abandon a portion of Irvine Terrace Park and fixing a fine to hold a public hearing to consider any objections to the abandonment. Date of Hearing: June 26, 1978 I i,,. f� ka' 1,. ;'l:.l C) •a r t. Slat} c ail;ti I.I!,t the fo:, , :ig 1< I, u[ ;:nl col, S'rL i):,i Cd l .rv.port Bolch., C:;iift: i „_,this O (is3'of - 19 7 c (�I -t u[eri.. I �fl✓�1 i/l z` L r, (� U l� L_ i [' lJ , .. ...ill PUBLIC NOTICE -,J RESOLUTION NO. 9360 A RESOLUTION OF THE CITY COUNCIL. OF THIi- CITY OF NEWPORT BEACH:-. DECLARING ITS INTEND TION TO ABANDON A. POR.t TION OF IRVINE TERRACE PARK AND FIXING A TIME TO HOLD A PUBLIC.BEAR- ING TO CONSMER'ANY OB- JECTIONS TO THE ABAN- DONMENT. WHEREAS, on May =8, 1978,” the Newport Beach City Coup -% cil found and determined that a portion of Irvine Terrace Park as more particularly des -- cribed in. Exhibit "A" attached` and made a part herein to no' longer required for public' park purposes; and WHEREAS; the City W' umil intends to abandon and sell said portion of mid park to the adjoining private landowners; and WHEREAS, The Irvine Com- pany, . which has a reversion- ary interest in maid park pros .party has consented to said' abandonment and sale; ` I NOW, THEREFORE, BE IT RESOLVED that the City - Council of the City of Newport - Beach hereby declares its in- tent to abandon that portion of'': Irvine Terrace Park as cribed in Exhibit "A" and has set a public hearing on I 26, 1978, to consider • any ob• jections to said abandonment. BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the offi- cial newspaper. of-the City and not less than four copies of the, resolution shall be posted con -, spicuously not more than 100 feet along the boundaries of. the portion of the park to be abandoned. ADOPTED this 22nd day of May; 1978. A City.of NewpozUNw ;`- PnbBc WorksDepeAntstit DESCRIPTION POIW. . Project: :Sale of City Ptoperiy. - Parcel ,No.:' - -. Location: City_ Park behind 712 - Malabar Drive. Ref. Dwg. - , Purpose: Date: - Prepared: G.W ilz;�s Checked: Al Proofed;Al' �s That portion of Wi- 93,.4m, Tract 1701 ae- ehd*4r the map recorded.:'iq:,Rin 32,. Page 10 of Mfio!9agaoue Maps, in the oftia,4i the Coun- ly Recorder of Cdonty, California, deectt ,- ,,qe fol- lows: Beginning at theitroetponth- erly comer of lot 88 of said Tract 1701; - .thence S 37008'40" E 42A4teet along . the southeasterly-prolongation of the southwesterly- line of said Lot 89 to, the beginning of a curve concave northwes- terly and having -a mdbu of 482.00 feet; thence podheas• - truly 111.97 feet elpng maid . curve thru a central angle of . 1003440" to a pant on the southeasterly * proloyetion of . the northeasterly Ii ""of said blot 89, said pant betllp 42.00' (let as meeeured paid southeasterly ation from the meet turner of mid Lot 89 -:N` 47043'20" W 42.Ob :'along mid southeasterly .probnga- tlon to the easterly comer of midA,ot 89, said comer being on a curve concave northem- telly and bW 9, a. radius of 440.00 lost; twace southwes• telly 8123 feet along said curve thru •e• central angle of IOo3440" tb'tbe point of be-' gtnaing. . EXHIBIT "A" Publish: May 25, 1978 ,in, the Newport _Harbor. Ensign: `5 if III q i ss, li) a1� c,I , �jlo t pm-: .,e,C. ,., of or. of of 1 I i,,. f� ka' 1,. ;'l:.l C) •a r t. Slat} c ail;ti I.I!,t the fo:, , :ig 1< I, u[ ;:nl col, S'rL i):,i Cd l .rv.port Bolch., C:;iift: i „_,this O (is3'of - 19 7 c (�I -t u[eri.. I �fl✓�1 i/l z` L r, (� U l� L_ i [' lJ , .. ...ill PUBLIC NOTICE -,J RESOLUTION NO. 9360 A RESOLUTION OF THE CITY COUNCIL. OF THIi- CITY OF NEWPORT BEACH:-. DECLARING ITS INTEND TION TO ABANDON A. POR.t TION OF IRVINE TERRACE PARK AND FIXING A TIME TO HOLD A PUBLIC.BEAR- ING TO CONSMER'ANY OB- JECTIONS TO THE ABAN- DONMENT. WHEREAS, on May =8, 1978,” the Newport Beach City Coup -% cil found and determined that a portion of Irvine Terrace Park as more particularly des -- cribed in. Exhibit "A" attached` and made a part herein to no' longer required for public' park purposes; and WHEREAS; the City W' umil intends to abandon and sell said portion of mid park to the adjoining private landowners; and WHEREAS, The Irvine Com- pany, . which has a reversion- ary interest in maid park pros .party has consented to said' abandonment and sale; ` I NOW, THEREFORE, BE IT RESOLVED that the City - Council of the City of Newport - Beach hereby declares its in- tent to abandon that portion of'': Irvine Terrace Park as cribed in Exhibit "A" and has set a public hearing on I 26, 1978, to consider • any ob• jections to said abandonment. BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the offi- cial newspaper. of-the City and not less than four copies of the, resolution shall be posted con -, spicuously not more than 100 feet along the boundaries of. the portion of the park to be abandoned. ADOPTED this 22nd day of May; 1978. A City.of NewpozUNw ;`- PnbBc WorksDepeAntstit DESCRIPTION POIW. . Project: :Sale of City Ptoperiy. - Parcel ,No.:' - -. Location: City_ Park behind 712 - Malabar Drive. Ref. Dwg. - , Purpose: Date: - Prepared: G.W ilz;�s Checked: Al Proofed;Al' �s That portion of Wi- 93,.4m, Tract 1701 ae- ehd*4r the map recorded.:'iq:,Rin 32,. Page 10 of Mfio!9agaoue Maps, in the oftia,4i the Coun- ly Recorder of Cdonty, California, deectt ,- ,,qe fol- lows: Beginning at theitroetponth- erly comer of lot 88 of said Tract 1701; - .thence S 37008'40" E 42A4teet along . the southeasterly-prolongation of the southwesterly- line of said Lot 89 to, the beginning of a curve concave northwes- terly and having -a mdbu of 482.00 feet; thence podheas• - truly 111.97 feet elpng maid . curve thru a central angle of . 1003440" to a pant on the southeasterly * proloyetion of . the northeasterly Ii ""of said blot 89, said pant betllp 42.00' (let as meeeured paid southeasterly ation from the meet turner of mid Lot 89 -:N` 47043'20" W 42.Ob :'along mid southeasterly .probnga- tlon to the easterly comer of midA,ot 89, said comer being on a curve concave northem- telly and bW 9, a. radius of 440.00 lost; twace southwes• telly 8123 feet along said curve thru •e• central angle of IOo3440" tb'tbe point of be-' gtnaing. . EXHIBIT "A" Publish: May 25, 1978 ,in, the Newport _Harbor. Ensign: `5 if III q i /r P _r j (901 s.5 S1AIE OF CALIFORNIA, ss: I am a cihzen of the Uniled and a r<sidvnt of the Q +,iaty �forrs�id; I am cct-r (hc age of cii;hltn yea �5, and not 2 par tC to or inler(tstcd in the zbore- eniilied n.n ler. 1 am 11x° principal clerl, of the print.,!r of the N.cc.-port H;,re.or Ensign neNc, paper of gene, al circulation; printed and pub - li8hcd N%t•ckly in the city of Newport Beach, County of Or -. ange, and Nrhich ncN1Fpnpe,- has been adjudged a news - p: :i,er of Eenrral circulation by the Suf'r.•rior Court of the Cinmly of Orange, Slate of California, under the date of .Gay' 14, 19,51, C%Slr Nl.'',1BER A- 20175 that the notice, of ythich the anro,xed is a prinled copy (set in type not smaller than nonpareil)- h'rs been published in rach`rvgfilar and en- tire of said ncNc,p per and not in any supplement 11,r ; ,of tl.� (hefollnu:ing delis tawiL _... May. 2s ... ,59.28 .. ............ _. I Certify (fir declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Brach, California, this 9 day of Jun 19 78 • INIIMUM Signature ,21 E C,_51 13'x'y'.. Corona del Mar .f 'U�('�' -- r CZ G' r C�L >- niar5!' PROOF OF PU �:s space is for the Co,.!..�r.r..F roof of P'„hlic:,tion of RESOLUTION NO. 9360 RESOLUTION NO. 9 36 0 MAY 22 1978 A RESOLUTION OF THE CITY COUNCIL OF THE CITY By Ae CITY COUNCIL OF NEWPORT BEACH DECLARING ITS INTENTION CITY OF .K WPORT Ur., " TO ABANDON A PORTION OF IRVINE TERRACE PARK AND FIXING A TIME TO HOLD A PUBLIC HEARING TO CONSIDER ANY OBJECTIONS TO THE ABANDON14ENT WHEREAS, on May 8, 1978, the Newport Beach City Council found and determined that a portion of Irvine Terrace Park as more particularly described in Exhibit "A" attached and made a part herein is no longer required for public park purposes; and WHEREAS, the City Council intends to abandon and sell said portion of said park to the adjoining private land- owners; and WHEREAS, The Irvine Company, which has a reversionary interest in said park property has consented to said abandonment and sale; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby declares its intent to abandon that portion of Irvine Terrace Park as described in Exhibit "A" and has set a public hearing on June 26, 1978, to consider any objections to said abandonment. BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the official newspaper of the City and not less than four copies of the resolution shall be posted conspicuously not more than 100 feet along the boundaries of the portion of the park to be abandoned. ADOPTED this 22nd day of May , 1978. Mayor ATTEST: City Clerk DDO /bc 5/9/78 City of Newport Beach - Public Works Department DESCRIPTION FORM PROJECT SALE OF CITY PROPERTY PARCEL NO. - -- LOCATION City Park behind 712 Malabar Drive REF. DWG. PURPOSE PREPARED G.W. CHECKED A.I.M. DATE PROOFED A.I.M. That portion of Lot 93 in Tract 1701 as shown on the map recorded in Book 52, Page 10 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the most southerly corner of Lot 89 of said Tract 1701; thence S 37008'40" E 42.00 feet along the southeasterly prolongation of the southwesterly line of said Lot 89 to the beginning of a curve concave northwesterly and having a radius of 482.00 feet; thence northeasterly 111.97 feet along said curve thru a central angle of 10034140" to a point on the southeasterly prolongation of the northeasterly line of said Lot 89, said point being 42.00 feet as measured along said southeasterly prolongation from the most easterly corner of said Lot 89; thence N 47 43'20" W 42.00 feet along said southeasterly prolongation to the easterly corner of said Lot 89, said.corner being on a curve concave northeasterly and having a radius of 440.00 feet; thence southwesterly 81.23 feet along said curve thru a central angle of 10034'40" to the point of beginning. EXHIBIT "A" i •t � Zy yQ n N w,�� \ � yS.,.;?' Iil 14 .rte• / � � ?R � I.f � v � \ p � �. 'nom, >✓ ��// // �' '} O �//� � 97.c�' ill .l7cv' J � n. � Y• K Q of CD. '' t7 �rj C N se• �� �� ► 1 6C .• I MI. I /zoa' W Z CD ► a I d o i a C) o II W CA n \ Y• mom, a� C I� V S I I T Gl V I� IN boy 55.L0' I I lO.Oa' ALA6A� N •° rn - 0 y u i. 5 n 10 I' I. I 1 CI Y OF NEWPORT BEACH C�c> 1 %a ` ARKS, BEACHES & RECREATION COMMISSION MAY � 197th U By i6 CITY COUNCIL crk r a 8, 1978 BY tha CITY QF X9*JX RT AriACH ��, y Ci7Y OF ?, Z *PORT TO: MAYOR & C'ITY COUNCIL FROM: PB & R Commission SUBJECT: IRVINE TERRACE PARK RECOMMENDATIONS: In accordance with the Municipal Park Abandonment Law, make the following findings: a. That a portion of Irvine Terrace Park, as shown on the attached photo, has not been used by the public; b. That no public funds have been used to improve said portion of the Park; c. That the land is no longer required for public park purposes. 2. Direct the staff to prepare a resolution of intent to abandon the described property. 3. Set a Public Hearing, 30 days after adopting the above resolution, to hear any objections to the proposed abandonment. 4. In accordance with a letter from the Irvine Terrace Community Association, dated 5- 22 -76, give consideration to using money derived from any sales for improvements in the Irvine Terrace area. DISCUSSION: On October 28, 1975, the City Council authorized the staff to work out details with The Irvine Company and four residents of Irvine Terrace for the sale of a portion of Irvine Terrace Park to the adjacent property owners. On December 8, 1975, the Council authorized the City Manager to have the parcel of nark appraised in order to establish a fair market price for the sale. To date, only one property owner, Lot 89, has committed himself to the purchase, but it is anticipated that others will show a desire in the near future. If the sale is completed, it will involve 3,570 square feet at $2.80 a square foot for a total of $10,000 paid to the City over a five -year period at 6% interest. Inasmuch as the land values and interest rates have increased since the offer to sell was made to the adjacent property owners in 1976, the PB & R Commission, in a review of the subject on 1- 31 -78, felt that the property owners should install a fence along the new property line to compensate for the increased value. The one buyer has agreed to construct a six -foot high decorative fence along the new property line at his expense. The staff has received the approval of The Irvine Company and the Irvine Terrace Community Association Board of Directors to proceed with the sale. In order to enter escrow with the adjacent owners, however, the above findings must be con- firmed and Public Nearing must be held. After the terms of the Municipal Park Abandonment Law have been complied with, the sale or sales can proceed. q ames B. Wood, Chairman JB1d:CCS:h (OVER) i r' ry, ppppp 1 z y4 R f r 1 - 'il`�l• � N ,'ate �,?.• • �, � X� 4 I -X,- + i VII. IP >T' �r �.. �•'�' � as � ° �r.��' � 4 °it `� 4 �'� it � 1S'. v� e - __ .♦, f(. _C�.�. � iii �'�' f _ F IRVINE TERRACE COMMUNITY ASSOCIATION POST OFFICE BOX 324 CORONA DEL MAR, CALIFORNIA 92625 uL 12 1976 June 22, 1976 By AG CITY COUNCIL CITY. GF lIEWFOT. 46ACH The Honorable Howard Rogers Mayor, City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92660 Subject: Sale of Irvine Terrace Park Property Dear Mayor Rogers: It is our understanding that the City is in the process of appraising and offering for sale small portions of land that are part of Irvine Terrace Park to several property owners on Malabar Drive in Irvine Terrace. Inasmuch as this land under consideration for sale is part of the Irvine Terrace Park, it is requested that any money derived from any sale (or sales) be utilized for improvements in the Irvine Terrace Park area. The specific improvements would be determined jointly by the City and the Irvine Terrace Homeowners' Association. This request is made by the Board of Directors of the Irvine Terrace Community Association. Your consideration of this matter would be appreciated. Very truly yours, IRVINE TERRACE COMMUNITY ASSOCIATION Val Skoro President cc: Mr. Robert Wynn, City Manager ✓ Councilwoman Lucille Kuehn PJh 6 -1 RESOLUTION NO. f J �0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO ABANDON A PORTION OF IRVINE TERRACE PARR AND FIXING A TIME TO HOLD A PUBLIC HEARING TO CONSIDER ANY OBJECTIONS TO THE ABANDONMENT WHEREAS, on May 8, 1978, the Newport Beach City Council found and determined that a portion of Irvine Terrace Park as more particularly described in Exhibit "A" attached and made a part herein is no longer required for public park purposes; and WHEREAS, the City Council intends to abandon and sell said portion of said park to the adjoining private land- owners; and WHEREAS, The Irvine Company, which has a reversionary interest in said park property has consented to said abandonment and sale; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby declares its intent to abandon that portion of Irvine Terrace Park as described in Exhibit "A" and has set a public hearing on June 26, 1978, to consider any objections to said abandonment. BE IT FURTHER RESOLVED that a copy of this Resolution shall be published in the official newspaper of the City and not less than four copies of the resolution shall be posted conspicuously not more than 100 feet along the boundaries of the portion of the park to be abandoned. ADOPTED this 22nd day of ATTEST: City Clerk 1978. DDO /bc 5/9/78 City of Newport Beach - Public Works Department DESCRIPTION FORM PROJECT SALE OF CITY PROPERTY EL NO. - -- LOCATION City Park behind 712 Malabar Drive REF. DWG. PURPOSE_ DATE PREPARED G.W. CHECKED A.I.M. PROOFED A.I.M. That portion of Lot 93 in Tract 1701 as shown on the map recorded in Book 52, Page 10 of Miscellaneous Maps, in the office of the County Recorder of Orange County, California, described as follows: Beginning at the most southerly corner of Lot 89 of said Tract 1701; thence S 37008'40" E 42.00 feet along the southeasterly prolongation of the southwesterly line of said Lot 89 to the beginning of a curve concave northwesterly and having a radius of 482.00 feet; thence northeasterly 111.97 feet along said curve thru a central angle of 10034'40" to a point on the southeasterly prolongation of the northeasterly line of said Lot 89, said point being 42.00 feet as measured along said southeasterly prolongation from the most easterly corner of said Lot 89; thence N 47043'20" W 42.00 feet along said southeasterly prolongation to the.easterly corner of said Lot 89, said corner being on a curve concave.northeasterly and having a.radius of 440.00.feet;,thence southwesterly.81.23 feet along said curve thru a central angle of 10034'40" to the point of beginning. EXHIBIT "A" .r i`•" III j %5.0 FI4 J Q 47 :3• �, M. 60. I r. 9200' I izoo' m w< Z � n I I � a •7r�• � I d �'' v (� ru r z h7 I �P � •o M o_ "1 } y ,yZLt. I I ti -� I O M 55.G0• IrvG,a T 0%` M EXHIBIT "A" a m n P by \ V] I Q LA6AQ �-� Z65N aJ /a.. •Ol %' 6z¢. .d per. /O. °•�j' I moo• N 4/�. •'!/B. •724 • �% D- T 0%` M EXHIBIT "A" a m n P by \ V] I lF7 - 79 FEB 27 1978 By The 0TY Cot 404 City Council Meeti9 February 27 1978 Agenda Item No. Wr TIMRH CITY OF NEWPORT BEACH February 22, 1978 TO: FROM SUBJECT: OWNERS: Suggested Action City Council Department of Community Development >3ea�o n 1 o , 'P4kr Recommendation of.Planning Commission and Parks, Mr. and Mrs. Donald G. Griswold, Corona del Mar If desired, direct staff to have appraisals made, investigate the possi- bility of acquisition of the property, and report back to City Council. Planning Commission and Parks, Beaches and Recreation Commission mendations At its meeting of January 31, 1978, the PB &R Commission voted (6 Ayes - 1 Absent) to recommend to the Planning Commission that Variance No. 1066 be denied and that the City have the property appraised and try to pro- vide City funds to purchase it and preserve the view for all concerned. .At its meeting of February 16, 1978, the Planning Commission voted (6 Ayes - 1 Absent) to deny Variance No. 1066 and voted (5 Ayes - 1 No - 1 Absent) to recommend the acquisition of the subject property by the City for park purposes. Background On.December 2, 1977, a request was filed by Mr. and Mrs. Griswold for a variance to exceed the permitted height limit for a proposed single - family dwelling to be constructed on the site. A complete description of the project is contained in the staff report to the Planning Commis- sion dated December 29, 1977 (copy attached). On January 5, 1978, a public hearing was held by the Planning Commission. At that time the matter was referred to the PB &R Commission for their consideration of the impacts the project might have on Begonia Park. The City Council should be aware that the construction of any project within the required setbacks and height limitations on this site will adversely impact public views of the bay from the City's park as well as from the adjoining public streets (Pacific Drive and Begonia Drive), with or without a variance. It is for this reason the matter has been referred to the City Council for possible site acquisition. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. AHO�G'AAN, Director HEWICKER, Assistant Director /Plannin JDH /kk At;nts for Council Only: 1) Planning Commission Staff Report dated 2/10/78 with attachments 2) Excerpt from the minutes of Planning Commission meeting of 2/16/78 Planning Commission Meeting February 16, 1978 CITY OF NEWPORT BEACH February 10, 1978 Item No. 4 TO: Planning Commission FROM: Department of Community Development SUBJECT: Variance No. 1066 (Continued Public Hearing) Request to permit the construction of a single family dwelling in the R -1 District that exceeds the height limit in the 24/28 Foot Height Limita- tion,District. A modification to the Zoning Code is al +so requested since a portion of the proposed structure encroaches 2 feet into the required 5 foot front yard setback adjacent to Begonia Park. LOCATION: A portion of Pacific Drive (abandoned) located at 2333 Pacific Drive, on the southerly side of Pacific Drive, adjacent to Begonia Park in Corona del Mar. ZONE: R -1 APPLICANT: Mr. & Mrs. Donald G. Griswold, Corona del Mar OWNERS: Same as Applicants At the Planning Commission meeting of January 5, 1978, the Commission continued this matter to the meeting of February 16., 1978, for the purpose of considering alternative designs which would take into consideration the problems of height, bulk, and loss of view; to allow the Parks, Beaches and Recreation Commission the opportunity to review the matter at their next meeting and report back on their findings; and. that the preliminary soils report be reviewed by the City's grading engineer and a report made as to his findings. Following is additional information which has been assembled since the last Planning Commission meeting. Alternative Designs To date no additional designs have been submitted by the applicant, however, the architect has indicated to the Parks, Beaches and Recrea- tion Commission that a house could be built on the lot under the height limit (see attached minutes from P.B.& R. Commission). Vi ew While recognizing that the applicant has substantial property rights and should be allowed to build if he can do so without a variance, the P.B.& R. Commission voted (6 ayes - 1 absent) to recommend that Variance No. 1066 be denied and that the City have the property appraised and try to provide City funds to purchase the site and preserve the view for all concerned (see attached minutes). As indicated in the staff report on Agenda Item No..5 (Modification No. 2188 of Roger McKinnon on Ocean Boulevard) that while the applica- tion of the police power to protect individual views is substantially limited, the ability of the Commission to preserve public views from an adjoining street or from a view park is a legitimate exercise of the police power so long as the restrictions leave the resulting property in a condition where it can be reasonably developed. Pre- suming that the site is buildable and that any structure built within Item No. 4 TO: Planning Commission - 2..' the required setbacks and height limits would destroy the public view or that any special restrictions to preserve the view would leave the property undevelopable, the best alternative may be for the City to purchase the site. As indicated in the minutes of the P.B.& R. Commission, the applicant has indicated a willingness to sell the site to the City. Information from the County Assessor's Assessment Roll of Secured Property 1977 -78 indicates that the site has a full value of $27,040.00 Access At the Planning:Commission meeting of January 5, '1978, the architect indicated that he proposed a driveway connection to the existing drive- way serving the Stansbury residence on Bayside Drive. A review of the improvement plans for the realignment of Bayside Drive and Carnation Avenue indicates that the existing driveway is on City property and was constructed for the owner by the City along with the other road improvements. The Public Works Department has indicated that no additional permits would be required for the applicant to connect to this access point. Preliminary Engineering Investigation A preliminary Engineering Investigation was submitted to the Community Development Department on February 8, 1978. The staff's Engineering Geologist has not been available to review the report but will have a report for the Commission by February 16th. Environmental Significance and Alternative Courses of Action Ordinarily a project to construct a single family residence is categorically exempt from the requirements of the California Environ- mental Quality Act. This type of project falls into Section 15103, Class 3: New Construction of Small Structures, (a) single family residences. However, the State EIR Guidelines also point out that this classification is qualified by consideration of where the project is to be located, and consideration of any potential impacts on environmental resources of hazardous or critical concern. The Public Safety Element of the Newport Beach General Plan indicates the potential for unstable geologic conditions and seismic hazards resulting from ground shaking in this particular area. The bluffs are considered to be a sensitive and unique coastal resource. The site is adjacent to a public park, and also affords some ocean view from the top of the bluff. Further, because of high pedestrian and bicycle traffic and some vehicular traffic hazards associated with the area, the proposed access to the project may present a significant conflict. Therefore, an exemption may not be appropriate in this case. The Planning Commission may choose one of the following courses of action in making a determination regarding this project: 1. If the Planning Commission wishes fails to meet the requirements of for environmental reasons per se, tation is required. The staff do criteria for the justification of project should be denied. to deny the project because it the Zoning Ordinance and not then no environmental documen- !s not feel that all of the a variance can be met and the 2. If the Planning Commission wishes to consider the approval of the project then one of the following environmental documents should be required prior to the approval of the project: (a) An Initial Study should be prepared to investigate the geologic, seismic, aesthetic, and traffic conditions, and to determine if these potential impacts can be resolved by the application of appropriate mitigation measures. If sufficient mitigation measures are incorporated into the project, then a Negative Declaration can be prepared. If the project may result in unavoidable significant impacts, then an EIR must be prepared. Item No. 4 TO: Planning Commission - 3. (b) The Planning Commission may wish to make the determination that sufficinet evidence exists to determine that the pro- ject may have a significant effect on the environment, and require the immediate preparation of an Environmental Impact Report. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By, +� MW rafts V. Mewit-Ker, Ass stant Director - Planning JDH /sh Attachments: Report to Planning Commission from Parks, Beaches and Recreation Commission Excerpt from minutes of P.B.& R. January 31, 1978 Correspondence received since the meeting of January 5, 1978 Planning Commission Staff Report . January 5, 1978 Commission meeting of Planning Commission from the meeting of Item No. 4 • • CITY Of NEWPORT BEACH PARKS, BEACHES & RECREATION COMMISSION February 16, 1978 CIN 6 1A\ 3 TO: PLANNING COMMISSION FROM: PB & R Commission v SUBJECT: VARIANCE NO. 1066 0% Pursuant to the request of the Planning Commission, the PB & R Commission held a Public Hearing on January 31, 1978, to determine the impact that the construction of a residence at Pacific Avenue and Begonia Avenue would have on the views from Begonia Park. Several residents spoke from the audience regarding the pros and cons of the subject project which aided the Commissioners in making their decision. At the conclusion, the PB & R Commission voted to recommend denial of the Variance and suggested that the City pursue acquisition of the lot in order to provide a perpetual view of the Ocean from the Park. Attached for your information is a copy of the PB & R Commission meeting Minutes concerning their action. ?ameo d, Chairman JBW:CCS:h Attachments COMMISSIONERS MINUTES'OF ADJOURNED MEETING HELD TUESDAY, JANUARY 31, 1978 CITY COUNCIL CHAMBERS 7:30 P.M. III., PUBLIC HEARINGS: 2. Due to a possible conflict of interest Chairman Wood stepped down from his seat on the Commission and Vice Chairman Lovell opened the Public Hearing on the proposed residential development adjacent to Begonia Park at Pacific Avenue and Begonia Avenue. Director Stewart said this item was referred to the PB & R Commission by the Planning Commission because Planning is interested in the PB & R Commission position on allowing a structure to occur that might have a detrimental effect on a long -time existing view from one of the public parks. Mr. Stewart ran Slides showing the existing views and various angles of the lot where the proposed development would occur. Gordon Glass, architect for the applicants, also showed slides with an overlay.on each depicting the outlines of the house. Mr. Glass said a house could be built on the lot under the height limit and it would still obliterate the view; in fact, a six -foot fence would do the same. Five property owners living in the neighborhood addressed the PB & R Commission saying the project would ruin their views. Mr. & Mrs. Stansbury, residents at 2340 Bayside Drive, wrote a letter to the PB & R Commission expressing concern about some of the requests the applicants are making in regard to the construction of their new home The letter states this proposed building will start within 3 feet of their block wall and tower over them 61 feet; to grant this application for variance will completely destroy their privacy; the proposed pool will look into their bedroom windows; and any drainage from the new roof or pool will be on their property. The letter further stated the Stansburys feel a more appropriate plan or viable solution would be for the City to acquire this property as a part of Begonia Park and accept from them the westerly point portion of land adjacent to the Grisold property on Pacific Avenue as a gift for the Park use. No one else wished to speak and Vice Chairman Lovell declared the public portion of the Hearing closed. The owner of the lot in question, Mr. Donald G. Griswold, was asked if he would be willing to sell his property to the City and he said yes, he would. -2- INDEX Proposed residential development adjacent to Begonia Park Variance No. 1066 CITY OF NEWPORT BEACI O PARKS, BEACHES & RECREATION COMMISSION MINUTES'OF ADJOURNED MEETING HELD TUESDAY, JANUARY 31, 1978 CITY COUNCIL CHAMBERS 7:30 P.M. III., PUBLIC HEARINGS: 2. Due to a possible conflict of interest Chairman Wood stepped down from his seat on the Commission and Vice Chairman Lovell opened the Public Hearing on the proposed residential development adjacent to Begonia Park at Pacific Avenue and Begonia Avenue. Director Stewart said this item was referred to the PB & R Commission by the Planning Commission because Planning is interested in the PB & R Commission position on allowing a structure to occur that might have a detrimental effect on a long -time existing view from one of the public parks. Mr. Stewart ran Slides showing the existing views and various angles of the lot where the proposed development would occur. Gordon Glass, architect for the applicants, also showed slides with an overlay.on each depicting the outlines of the house. Mr. Glass said a house could be built on the lot under the height limit and it would still obliterate the view; in fact, a six -foot fence would do the same. Five property owners living in the neighborhood addressed the PB & R Commission saying the project would ruin their views. Mr. & Mrs. Stansbury, residents at 2340 Bayside Drive, wrote a letter to the PB & R Commission expressing concern about some of the requests the applicants are making in regard to the construction of their new home The letter states this proposed building will start within 3 feet of their block wall and tower over them 61 feet; to grant this application for variance will completely destroy their privacy; the proposed pool will look into their bedroom windows; and any drainage from the new roof or pool will be on their property. The letter further stated the Stansburys feel a more appropriate plan or viable solution would be for the City to acquire this property as a part of Begonia Park and accept from them the westerly point portion of land adjacent to the Grisold property on Pacific Avenue as a gift for the Park use. No one else wished to speak and Vice Chairman Lovell declared the public portion of the Hearing closed. The owner of the lot in question, Mr. Donald G. Griswold, was asked if he would be willing to sell his property to the City and he said yes, he would. -2- INDEX Proposed residential development adjacent to Begonia Park Variance No. 1066 COMMISSIONERS I - - - ma - CITY OF NEWPORT BEACH 0 PARKS, BEACHES & RECREATION COMMISSION MINUTES OF ADJOURNED MEETING HELD TUESDAY, JANUARY 31, 1978 CITY COUNCIL CHAMBERS 7:30 P.M. 6%, t Inucx The Director was asked how he would develop the property as a park, and he said he would preserve the open space that exists today; would put in a railing at the outer edge of the property for safety reasons and would even consider grading in some areas. The consensus of the Commission was that Mr. & Mrs. Griswold have substantial property rights and should be allowed to build if they can do so without the variances. Vice Chairman Lovell said he felt the importance of this beautiful view is inestimable and would recom- mend to the Planning Commission that it avoid a structure that would rise above the view level. Motion x A motion was made by Commissioner Johnson that the Ayes x x x x x x Variance No. 1066 be denied and that the City have Absent x the property appraised and try to provide City funds to purchase it to preserve the view for all concerned. Motion carried. Chairman Wood returned to his seat on the Commission. -3- 0 T0: Planning Commission - 2. Analysis The applicant proposes to construct a single family dwelling containing approximately 4,009 square feet of interior living space and a three car garage on this very steep site. The following outline reflects the major characteristics of the proposed development: Lot. size Required Yards Front (Pacific Drive side) Front (Bayside Drive side) Side Rear Proposed yards Front (Pacific Drive side) Front (Bayside Drive side) Side Rear Maximum building height 4,500 sq.ft.+ 5 feet (so designated on the Districting Map) 15 feet (so designated on the Districting Map) 3 feet 10 feet 5 feet, except for a corner of the proposed structure that encroaches 2 feet into the required front yard. 15 feet 3 feet 10 feet 61 feet + (measured from grade ad3acent to Bayside Drive to the average height of the pitched roof above the proposed living room). Number of stories 2 (along Pacific Drive); 4 (along Bayside Drive) Lower Level 311 sq.ft.+ of interior living space (including an entry area, an elevator equipment room, a storage area; and a stairway and elevator area); and a 744 sq.ft.+ 3 car garage. Second level 911 sq.ft.+ of interior living space (including an indoor swimming pool and spa, a lounge area; and a dressing room). Third level 1411 sq.ft.+ of interior living space (including two bedroom and related bath- rooms a laundry room, and an open balcony. Upper level 1376 sq.ft.+ of interior living space (including a living room, a dining room, a kitchen, an entry area; a powder room; and a guest bedroom /den suite); and an open balcony. Item No. 7 T0: Planning Commission - 3. Total interior living spate 4,009 sq.ft.+ Total floor area (including 3 car garage) Buildable area 2 X buildable area 1.5 X buildable area (maximum area permitted by the Coastal Commission unless a Coastal Permit is approved). Proposed and required number of parking spaces Access of parking spaces to Bayside Drive Required open space option Proposed open space option 4,753 sq.ft.+ 3,030 sq.ft.+ 6,060 sq.ft.+ 4,545 sq.ft.+ driveway over Bayside Drive right -of -way which is a portion of Begonia Park 4,608 cu.ft.± 6,900 cu.ft.+ The proposed structure has a two story elevation along the Pacific Drive side of the site with a building height of 32 feet + (measured from grade to the top of the skylight domed roof above the livTng room). However, the proposed dwelling unit has a four story elevation along the Bayside Drive side of the property with a height of 61 feet + (measured from grade to the average height of the pitched roof above the proposed living room). The proposed development meets or exceeds all of the required Residential Development Standards (i.e. floor area, open space option, parking, etc.), with the exception of the building height limit and a proposed building encroachment into the required 5 foot front yard. Staff has no major objections with the proposed development, since said modification to the Zoning Code is minor in nature and will not obstruct any views from adjoining residential property. However, with respect to the requirements of the Uniform Building Code, the proposed height of the living levels above the downhill grade causes the dwelling to be classified as a four story structure and will thereby necessitate an additional stairway from the upper level. The Zoning Code requires that in order to grant any variance, the Planning Commission must find that the applicant has established the grounds for a variance set forth in Chapter 20.82 (Section 20.82.050A of the Newport Beach Municipal Code). The grounds for a variance as enumerated in Section 20.82020C are: 1. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district. 2. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant. 3. That the granting of such application will not, under the circumstances of the particular case, materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. Item No • T0: Planning Commission - 4. The applicant has submitted the following statements in support of his request: Hardship Involved Request variance from 24' height limit in i�T- 6istrict for portions of residence, per attached drawings, due to extreme steepness of grade and difference in elevation of 44' across this lot. Also, request encroachment 2' into 5''setback next to open space (park) at one point only. What exce tional circumstances apply to the property? Same as Har ship Involved. is a Variance necessar to reserve ro ert ri hts? Heig t im t was inten a primar ly for f at ots that.prevail in City. Wh will ro osal not be detrimental to the nei hborhood? esi ence will fit against existing tall c iff;.top of roof will be well below allowed 24' height above highest portion of lot. Staff is of the opinion that the topography of this lot is such (i.e. a 38 foot + drop in existing grade from the nortyerly corner of the site to the southwesterly corner of the property) that a variance to the height limit requirements may be justified regardless of design. However, no attempt has been made, in this particular case, to step the dwelling down the slope and thereby reduce the need for the variance and perhaps eliminate the Building Code problem mentioned above. Until such time as alternative designs have been explored which more closely approximate the natural slope of the site and until such time as the applicant has met the three criteria required for a variance, it is the recommendation of the staff that this request be denied. Staff also has the following concerns in conjunction with the proposed development: Vehicular Access The Public Works Department and the City Traffic Engineer have recommended that the proposed plans should be redesigned so that vehicular access to the required garage spaces should be taken from Pacific Drive. It is their opinion that additional traffic taking access from Bayside Drive is undesirable. The attached plot plan indicates that the proposed driveway will be designed to connect with the existing driveway on the adjacent residential property. View from Begonia Park The Director of Parks, Beach, and Recreation has indicated that the sight plane and view from Begonia Park would be greatly obscured if the subject development were constructed as now proposed. A field inspection of the site reveals that an unobstructed public view of the Newport Bay Entrance Channel now exists in Begonia Park that will be severly damaged in conjunction with the proposed development. Buildable Area The proposed buildable area of 4,753 sq.ft.+ on the subject property is less than the 2 times the buildable area of the property (i.e. 6,060 sq.ft. +) as permitted by the Municipal Code in the R -1 District. However, the proposed residential development exceeds the 1.5 times the buildable area (i.e. 4,545 sq.ft. +) permitted by the Coastal Commission. The Planning Commission may desire to continue this matter to a future Commission meeting so that the applicant has an opportunity to redesign the project to incorporate the concerns of staff noted above. Item No. TO: Planning Commission - 5. On the other hand, if it is the desire of the Commission to approve this request, the following findings and conditions are suggested: Findings 1. The proposed development is consistent with the General Plan and will not preclude the attainment of the General Plan objectives and policies. 2. The project will not have any significant environmental impact. 3. That there are exceptional or extraordinary circumstances applying to the land, building or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings and /or uses in the same district, because of the steep topography of the site. 4. That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, since the steep terrain of the site precludes the construction of the single family dwelling within the required 24 foot height limit. b. That the proposed dwelling will maintain a two story elevation along Pacific Drive similar to other structures existing along the westerly side of the street, and therefore, will not inder the circumstances of the particular case, materially affect adversely the health or safety of persons residing or. working, in the neighborhood of the property of the applicant and will not under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. 6. That the establishment, maintenance or operation of the use of the property or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City and further that the proposed front yard encroachment is consistent with the legislative intent of Title 20 of the Municipal Code. Conditions: That development shall be in substantial conformance with the approved plot plan, floor plans and elevations. 2. If access from Bayside Drive is permitted, City Council approval of a driveway approach on Bayside Drive within the Begonia Park area shall be obtained prior to the issuance of a building permit. 3. A topographical map by a civil engineer shall be submitted at this stage showing all easements, etc. on the site. 4. Approval of this proposed residential development shall be conditional upon a geological report,.and said report should investigate faults for activity. 5. Construction of the proposed structure shall conform to all provisions of the Uniform Building Code. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By K —William R. Layc-ocr Senior Planner WRL /dlt Attachments: Vicinity Maps (2) Plot Plan, Floor Plans, Elevations Item No. 1] tit AOP A01v a4 a ° � A N \ 1 \ \1 \1 \;/ n + 04l[ DF FEET ff !R, 12 a q., 1� 9 � n F NNN �6 O- � d p^ y fr ,a A t / 'a7 Y f. ' ~01„ �/� `� • fry` 1 9, r A ��'� •a° f, '0.r 0.; Sr q, fi v P a J �r tE r a o. f, fv �rP fy ✓FTTY � C '� 5A{ Jli M/P Aq, /B 1STR1 AGRIGYLTYAAL RESIDENTIAL SINGLE FANILT RESIDENTIAL D URLIE AESIDEMIAL REST`& MULTIPLE MILT RESIDENTIA I N G M MAP W.I�ry. N/..I W /M. Py:Jr.N.dll.1A• I MULTVLE. RESIDENTIAL Y. ry •IY.P Ol •Y I�YI /•Y i \.! I /OY M Y F P/� LC ICENLRAI CONNEAEIAL ZM � o •rte, v c �3 °c c., a4 a ° � A N \ 1 \ \1 \1 \;/ n + 04l[ DF FEET ff !R, 12 a q., 1� 9 � n F NNN �6 O- � d p^ y fr ,a A t / 'a7 Y f. ' ~01„ �/� `� • fry` 1 9, r A ��'� •a° f, '0.r 0.; Sr q, fi v P a J �r tE r a o. f, fv �rP fy ✓FTTY � C '� 5A{ Jli M/P Aq, /B 1STR1 AGRIGYLTYAAL RESIDENTIAL SINGLE FANILT RESIDENTIAL D URLIE AESIDEMIAL REST`& MULTIPLE MILT RESIDENTIA I N G M MAP i — CALIFORN PEP M MULTVLE. RESIDENTIAL C-I L LIGNT WMEACIAL C -1 I ICENLRAI CONNEAEIAL VARIANCE No. to &G 93 q. C Jo. ,e. wo. .e w K.l :s zo h zo /7 M 17 13 // Y, 11. -- h /443 /3,' /2 a ' ° /0 9 - -- Q 3 :p 41 3 to 1100 ` °.�sro• . /125 / G 'Sa'PV6e EMT OR. 55 5 292 /G ' ag- ZOa/�. la: l4 ,p 2515' 1 /1 wnA ciT✓ v8o or✓ / /G 15 t r 3 I z5 rb I N6 z' I'25 /Q' /0 //HU / _ - ^\ ✓D• -Y51 r :- SYfJEC Moll :. y rl 12 LZ aAYSl9 R.S .2 /� ?U Ir �,. / O.`'�Op �s'�4� � OR 6470/Gd<'.. -.. ` •+"1 { : ` m Ei' :- "_ I I �Fr-�NI Mfr•: /�. ' _ _ ss� rs �^g'zsoo 0.5 x. // {i /•rs �, \ D f EiYJT FOR C /TV OF NEfUPO.fT 1` BEACH FOR. V /gTER �.tE/YFR fl o.0, % o is �_ /8 •zs /�- rsz /' 17 //o 15. Ind.\ // ' /�� nI h1 h ll i� _Jai_ VAIRIANeL NO. 10(o(v I/,- �. p ZOa/�. la: l4 ,p 2515' 1 /1 wnA ciT✓ v8o or✓ / /G 15 t r 3 I z5 rb I N6 z' I'25 /Q' /0 //HU / _ - ^\ ✓D• -Y51 r :- SYfJEC Moll :. y rl 12 LZ aAYSl9 R.S .2 /� ?U Ir �,. / O.`'�Op �s'�4� � OR 6470/Gd<'.. -.. ` •+"1 { : ` m Ei' :- "_ I I �Fr-�NI Mfr•: /�. ' _ _ ss� rs �^g'zsoo 0.5 x. // {i /•rs �, \ D f EiYJT FOR C /TV OF NEfUPO.fT 1` BEACH FOR. V /gTER �.tE/YFR fl o.0, % o is �_ /8 •zs /�- rsz /' 17 //o 15. Ind.\ // ' /�� nI h1 h ll i� _Jai_ VAIRIANeL NO. 10(o(v 0 COMMISSIONERS 90 s s s City of Newport Beach R y y Op p VA °s February 16, 1978 MINUTES Public hearing was opened in connection with this matter. Jim Plou, 214 N. Grand Avenue, Anaheim, appeared before the Commission and concurred with the staff report and recommendations. ere being no others desiring to-appear and be he d, the public hearing was closed. Motion X Motion as made that Planning Commission make the All Ayes followin findings: 1. That the p meets the requirements of Title 19 of the port Beach Municipal Code, all ordinances o he City, all applicable general or specific pla and the P1'anning Commission is satisfied with he plan of subdivision. 2. That the proposed res division presents no problems from a plannin tandpoint. and approve Resubdivision No. 5 subject to the following conditions: 1. That a parcel map be filed. 2. That all improvements be constructed a required by ordinance and the Public Work Department. 3. That all conditions of approval for Resubdivi- sion No. 564 be fulfilled. Item #4 Request to permit the construction of a single VARIANCI family dwelling in the.R -1 District that exceeds N .1061 the height limit in the 24/28 foot Height Limita- tion District-:- -'A modification to the Zoning Co -de DENIED1 is also requested since a portion of the proposed structure encroaches 2 feet into the required 5 foot front yard setback adjacent to Begonia Park. Location: A portion of Pacific Drive (abandon - ed) located at 2333 Pacific Drive, on the southerly side of Pacific . Drive, adjacent to Begonia Park in _.:.:Corona del Mar. - N_ 'COMMISSIONERS. "c v no p s s s 7G A �S ps Fp p oy Q* of NeWporz BAch February 16, 1978 MINUTES :OLL CALL INOWX Zone: R -1 Applicant: Mr. & Mrs. Donald G. Griswold, Corona del Mar Owners: Same as Applicants Commissioner Agee stepped down from the dais and refrained from deliberation on this matter because he was absent from the previous public hearing. The report from the Grading Engineer relative to the geological report received at the previous hearing was distributed to the Planning Commission for review. Staff also advised of the possible. need for an environmental report in connection with this request should the Planning Commission make the finding that the requirements for a . variance had been met. Public hearing was opened in connection with this matter. Gordon Glass, Architect, appeared before the Commission in connection with this matter and distributed a drawing which indicated the problems involved in the development of the site because of the topography. Al Stover, 2316 Pacific Drive, appeared before the Commission and reiterated the objections expressed at the previous public hearing and felt that approval of this request would set a precedent for future development on the bluff. There being no others desiring to appear and be heard, the public hearing was closed. Notion X Motion was made that Variance No. 1066 be denied. - Commissioner Hummel felt that adequate provisions had not been made by the City for the regulation and control of development of the bluff areas; questioned whether or not this was a buildable lot because of the magnitude of preparation required; and recommended that the property be acquired by the City and made a part of the adjacent park.` `AYes :Absent X X X X X X X Following discussion, which included forwarding the matter to the City Council for decision, the motion was voted on and carried. Motion X Motion was then made that Planning Commission Ayes X X X X X recommend to the City Council that the property Noes X be acquired for park purposes. Absent X Commissioner Agee returned to the dais. Item #5 Request to p dditions to and remodeling of MODIFI- t an existing si.ngle a elling including CATION construction of a new entry w 1 ehcroach N0. 88 to within '6 feet of the front property here the Code requires a 10 foot setback). The grope OVEI has the following nonconforming features: (1) the COND - J.... -11 - - - - L C S TO MAYOR DOSTAL, COUNCILMAN "KOFF, /7 AND DENNIS O'NEIL ON 3 -31 EXCERFT FROM COUNCIL MEETING OF FEBRUARY 27, 1978 RE: AGENDA ITEM 'G- 1 /P.C. RECOMMENDATION CONCERNING ACQUISITION OF PROPERTY AT 2333 PACIFIC DRIVE, CORONA DEL MAR aMayor Dostal: Mr. Wynn- - Mr. Wynn: Mr. Mayor, you are in receipt of a recommendation from two of your Commissions, the Parks, Beaches & Recreation Commission and the Planning Commission to acquire property located at 2333 Pacific Drive in Corona del Mar above, I believe it's Begonia Park. The property is currently vacant, it's a hilly parcel and if the Council would desire, we have, do have some slides showing how hilly it.is. It is legally possible to construct a dwelling on the parcel with 'access either from, what's the upper street name? Pacific Street or off, of Bayside. Legally that could be done, it would require some grading but they could meet the City's Code and construct a structure there. the Planning Commission denied a height variance on the subject parcel and at that time recommended to.you that the City appraise it with a, and acquire It. We're suggesting either the recommendations of your two Commissions or delay decision on this pending 178 -179 fiscal budget review, which will be to you in April. Mayor Dostal: Thank you. Any questions of staff? Is there anyone in the audience who wishes to address this matter? Mr. Mayor, members of the Council, I'm Gordon Glass, architect, Newport Beach. I'm the Griswold's architect and I'd like to just quickly take a minute and bring you up to date as to why we originally requested the variance and what our possible options are from here on out. The Griswolds have owned this property for fifteen years. It probably came as a surprise to many in the City, myself included, that it was a private piece of land rather than an unused piece of public land. Either part of Begonia Park or just an unused remainder scrap of land. It is possible to build on it, we've had a geology report. We've had a soils report- -both preliminary, but they both came back positive. With more study and with quite a bit of expensive engineering, it is possible to build a safe structure on this property. The reason the Griswolds requested a variance was because they are endeavoring in hoping to build on this - property, to regain a view up the Bay toward the Pavilion, that they lost in their present home on Pacific Drive just five doors away when a large contemporary residence was builk next door to them. They lost about 90 degrees of their 180 degree view. It is possible on this property to regain that view. However, because the land is so steep, the height ordinance • 0 -2- which was essentially intended, when it was drafted a number of years ago, for the flatlands that prevails in the City, the Height Ordinance makes the volume of building envelope ( ?) very small. As an example, if you have an absolutely steep cliff, vertical, and you have a 24' height ordinance, it's straight up but.it doesn't go out anywhere. Therefore, there's nothing to build on, so you take this, and do that with it, and you have nothing left. The variance does not exceed the total height of the legal buildable height on the Z, of the lot. The variance is intended primarily to make use of the volume of the lot- -the air space outside the face of the cliff at. the lower end of the lot. Therefore, as the staff report states, any residence that is built on the property within the height ordinance, without a variance, will still do the same job of blocking the view from both the upper street and from the Park. The Park is not a view park$ essentially, it's primarily an active park. It was never intended as a view park, it does have a small amount of.view from the sidewalk at one corner of the Park, but it's not really a view'park of the Bay or the Ocean. So, in asking for the variance, the Griswoldls primarily are intending to solve a particular problem that they have and they have always had this particular view recapture in mind since they lost their portion of their view. Now they would, whether the Council does agree to an appraisal and then next year's.budget allows purchase, at this time, since that is still unknown, the Griswold 's would still like to leave their options open v as to other avenues of the use of the lot. Mayor Dostal: Thank you. Any questions of Mr. Glass? Thank you very much. Is there anyone else that wishes to address the Council? Mayor, members of the Council, my name is Paul Hummell. I live at 416 Heliotrope, Corona del Mar and I am addressing you as a private citizen. I'm not here to discuss the manner of the proposed construction, ah; whether or not it should be granted as a variance or whether or not it is a suitable development atthat location. But I would like to bring to your attention something that I have' had an occasion to become aware of in the last few days and as you recall, in the last Planning Commission Agenda, there were two proposals to develop Bluff lots in Corona del Mar. As a result of those two Bluff lot questions, and they both had particular problems, unique problems, the Planning Commission recommended to the City staff that a Bluff Ordinance be prepared. The first draft of that Bluff ordinance will be on the Planning Commission's Study Session this Thursday. I have read that first draft and I noticed a couple of things that I think that perhaps you should consider when you make your decision regarding .the placing of the appraisal or the delaying your decision as suggested in the ! • -3- staff report. I found in that draft of the Bluff ordinance that when it referred to some of the sections of the General Plan that had to do with grading ordinances, bluff setbacks, and so forth, there was quite a deficiency in the fact that the General Plan had not been carried out to too great a degree in some of those areas. There is also a phrase in that report that speaks.to an action by the Coastal Commission that was to have taken place in February of.1978 which will end tomorrow, February 1978 will be over tomorrow. I believe I understand that the Coastal Commission has already made a decision on bluff development ordinance for Orange County and including Newport Beach. Now here's my point. When the City tells someone that they cannot use a lot, I think it follows that that person is entitled to have the City take some steps toward the possible acquisition of that lot. I think that's been generally what has 'taken place in the past in the City in those matters. It occurs to me that if it is not the City that is imposing a regulation upon this particular lot,.or any of the Bluff lots, that prevents their development, in plain language I don't think the City should be the ones who are faced with the obligation of acquisition. I think that that other authority and perhaps you need to talk with the City Attorney on which comes first here and what the precedent, and whether there's vested interest in the application. But I would think that before we feel obligated to enter into this, and the appraisal, and the acquisition of this or any other Bluff lots that we thoroughly, I recommend that you .consider looking into thoroughly the results of the Coastal Commission action. Thank you very much. Mayor Dostal: Any questions of Mr. Hummell? Is there anyone else that wishes to address the Council? Is there anyone on the Council that wishes to see the slides that the staff has mentioned? OK, if there's anyone else that wishes to have the slides, alright, I think we've all seen the property. Ok, any further, is there anyone else that wishes to address the Council? Alright, for the pleasure of the Council ( ?) (What is the pleasure of the Council ?) Mr. Mayor. Mayor Dostal: Yes. McInnis ( ?): I wonder if we could get a staff reaction on the comments relating to the Coastal Commission. Mayor Dostal: Mr. O'.Neil. O'Neil: Apparently the Community Development Director has some information with regards to.the Coastal Commission Bluff Guidelines and it may be appropriate to have him comment but in any event, I would imagine or I would. think that it would not be inappropriate if the Council wishes to hire an appraiser to appraise the property for the'possible future acquition for park • . -4- and open space because I can't conceive of how that could possibly conflict with anything the Coastal Commission would be considering. Mayor Dostal: Mr. Hogan. Mr. Hogan: Mr. Mayor, the Coastal Commission is in the process of adopting a set of guidlines. I. don't know whether they've been completed yet or whether they've acutally adopted them or not but those guidelines did include some fairly heavy restriction on blufftop development, or bluff face development and, but they would in any case be used as guidelines so they would have to be applied in each individual instance and until the Commission took action regarding this particular, or a particular piece of property, there's no way that the property owner nor the City could know the actual effect of the guidelines because they are just that and not ah, ordinances or something of, this kind that the City would adopt. McInnis.( ?) Mr. Mayor. Mayor Dostal: Yes. Speaker (McInnis ?): I would gather that this piece of property, however, is not under Coastal Commission jurisdiction. It's an exempt piece of territory, is it not? Mayer- Desealf Mr. Hogan: Well, it's one of those pieces of territory, Mr. Mayor, that has a, made a part of the City's responsibility for develop- ment or for approval in the Exemption Clause ( ?) and in that Exemption Clause it was approved for the City, no specifications were made as far as ah, the City's being responsible for following the guidelines. So this is something that really,.we really haven't ah, thrashed out. Mayor Dostal: Thank you, Mr. Hogan. Yes. Mr. Ryckoff. Ryckoff: Would it be premature to get appraisals since the Coastal Commission hasn't ah, spoken on the matter? Mayor Dostal: Mr. Wynn? Mr. Wynn: I would estimate, Mr. Mayor, that it would cost between $3,500 and $5,000. We've not obtained any estimates ah, for the appraisal and it would take maybe 60 days, 45 to 60 days to get the appraisal done. And I think it's a value judgment, really, on whether the Council wishes to proceed with an appraisal or wait and consider it along with the budget consideration. I don't think I could respond any more directly than that. Speaker: Mayor. Mayor.Dostal: Yes, Councilman McInnis. McInnis: To use a term that the City Manager uses from time to time, I think there's capability within the City to do what Bob calls a "windshield appraisal" every now and then. That's where you walk by and kick the tires and which -s- would be good enough as far as I'm concerned to get it into the budget review which is gonna come off very suddenly now. That would be the type of action 7� that I would recommend that we take., we see from that windshield appraisal there's something we want.to pursue on the budget then for goodness sake, order out the formal appraisal which does cost money. Mayor Dostal: I think your suggestion is to take action, Item (b) Delay the decision and direct the staff pending review of the '78 -'79 fiscal budget and direct the staff to come back with a quote "windshield appraisal" end of quote. Any other discussion? Yes, Councilman Rogers. Rogers: Mr. Mayor, where does that leave Mr. Griswold? Mayor'Dostal: Mr. Wynn. Mr. Wynn: The variance from the City's height regulation has been denied. Ah, they have,the right.to redesign the structure, or appeal the decision of the Planning Commission. Now those are two options that they have, or of Just awaiting I guess, the appraisal and the decision of the Council to acquire I guess the property. /Three basic alternatives are still available to them. Mayor Dostal: Any other discussion? What is the.pleasure of the Council? Councilman Kuehn. Did you? Kuehn: No. Mayor Dostal: I don't think there was a motion unless Councilman McInnis' motion was on the floor. McInnis: Well, I will move action (b) on the ah, directing the staff to come up with a "windshield" appraisal. Mayor Dostal: .Alright, there's.a motion on the floor to support Item (b) on the Agenda. Any further discussion on that motion? All those voting? City Clerk: All ayes. Carried. i By file CIT r CCU,.„ L CITY Q>F HrA4YPQRT SE AGh TO: CITY COUNCIL FROM: Public Works Department SUBJECT: REPAIR OF BEGONIA PARK STAIRWAY RECOMMENDATION: ,J April 28, 1975 CITY COUNCIL AGENDA ITEM NO. H -12 Direct the staff to proceed with demolition of the upper undermined portion of the Begonia Park stairway. DISCUSSION: The repair of the Begonia Park stairway is included in the 1974 -75 Capital Improvement Projects. Plans and specifications were prepared for the repairs. Since the estimated cost of the work was less than $12,000, the repairs were to have been made using the City's informal contract procedure. The plans and specifications were sent to nine contractors with sealed proposals to be opened by the City's Purchasing Agent at 10:30 A.M. on April 18, 1975. No bids were re- ceived. Two of the contractors receiving plans and specifications were contacted to determine why they had not submitted bids. They indicated that the risk of liability was far too great when compared to the scope of the work. The concrete stairway in its present condition constitutes a hazard which should be repaired or removed. If the stairway is removed, it is anticipated that some slope stabilization work will be required. A sketch showing the location of the stairs is attached. sepN T. Devlin blic ks Director id Att. 0 U. a. • STAIRWAY" RETAINING WALL t �o CITY OF NEWPORT BEACH PARKS, BEACHES $ RECREATION COMMISSION !UN 26 1972 June 26, 1972 i By the CITY COUNCIL CITY OF MFhnP!aAT R&ACM TO: MAYOR & CITY COUNCIL FROM: PB $ R Commission SUBJECT: BEGONIA PARK - INSTALLATION OF PLAYGROUND EQUIPMENT RECNDATION: Authorize expenditure of $4,000 of the unused appropriation for West Jetty Landscaping to install playground equipment in Begonia Park, Corona del Mar. DISCUSSION: A petition was presented to the PB & R Commission signed by 80 residents of Corona del Mar requesting installation of playground equipment in Begonia Park. The feasibility of this request was discussed by the Commission at its meeting of June 20th and a motion was made by Commissioner Patrick to recommend to City Council that $4,000 of the funds that were allocated for the West Jetty View Park be encumbered in this year's budget to acquire play apparatus for Begonia Park. This sun of money would allow the purchase of three pieces of equipment for tiny tots and three for elementary school age children in two distinct locations in the Park. The motion was seconded by Commissioner Owen and unanimously carried. HALL SEELY, Chairman HS: CCS:h r 4. o., ii ?Y F. Construction Co. City Council 3300 Newport Blvd. Newport Beach, Calif. C, License No. B•1 126426 (714) 642.4210 188 East 17th Street, Costa Mesa, California 92627 June 2, 1975 11.3 (0 Re: Proposed Ordinance to Create Setback along Buck Gulley Gentlemen: I have studied Mr. David Dmohowski's study dated April 8 1975, and also the proposed ordinance both relating to a setback along Buck Gulley. As I stated at April Sth study session, we do not oppose a setback requirement in this area. However, it seems that the 100 ' setback mentioned in the proposed ordinance is excessively stringent in the case of our property (406 Hazel Drive). Mr. William Frost, of Ruab, Bein, Frost, and I have reviewed an aerial topo of the site and believe that our lot is "buildable" far beyond 100' without jeopardizing Buck Galley or adjacent views. In fact, the existing garage which is on our property is considerably beyond the proposed setback. While we, too, are interested in the preservation of Buck Gulley, there is also some question in my mind that an ordinance is necessary. All but three lots within the affected area are fully improved. Would not the heavy cost prevent the three remaining owners of undeveloped property from building too deep into Buck Gulley? Yours ruly, James W. Ray J. Ray Construction Co., Inc. cc: William J. Frost (Raub, Bein, Frost) h I JW$/6cer a✓L, y�jj Andrews 1) s01 P asei) P 2 Canyon Road By Vie CITY COUNCIL Cora Agar, Calif 92625*.. May 319 1975 Community Development Dept. Newport Beach, Calif Dear Sire. zt Regarding your hearing on t�ia Subject of. .1,magoaSing rear yard setbacks on Buck GujW I I am not familiar with anr.,Oroblems on the Gully North.of Coast highway so cannot express an Intellgent opiniono That should be left to those-who,alroady live there, But. I am familiar with the Qi4l y South of the highway, ' -king farther Oput into and am aboolftely. opposed o th4 Canyon than the already established struotutese.. The prime value of our highly assessed properties Is the view. We.are paying high taxes for unwjpble land only so.we can hate our own and.protect otherfe views,- If the request for extensive exte won of structures farth . or 1 t he canyon is forsom"ne's speolaf` benefit It should be d We have deed -restrictions on Evening Canyon and all strutures'.come under* our architeoural committee. To the end that everyone In protedtod# I can see no valid reason for any further Intru oti.on Into an the canyon, and consider eh value of the gre 'b*ltg:wafer shod t and open space of supreme value, and one whG%h -shculd*be protected* Copy to Planning Commission*, ti vG� -6) 8W PO CI'T'Y OF NEW101T BEAdH �` c V i CALIFORNIA nuo �4FORt''�P city Hall 3300 Newport Blvd. (714) 673 -2110 April 16, 1975 Mr. Laurence K. Thompson 16369 Felice Drive San Diego,.California, 92128 Dear Mr. Thompson: Pursuant to our agreement as set forth in the correspondence between you and Mr. Robert Wynn, the Newport Beach City Manager, enclosed herein please find a check in the amount of $303.60 for. the purchase of your lot, known as Lot 73, Tract 673, located adjacent to Buck Gully in the City of Newport Beach. DDO /bc Enclosure cc: City Clerk Very truly yours, 4NDE'IS ' D. O'NEIL City Attorney A • i,9SS APR 14 1915 By the CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NAWIORT REACH OFFICE OF THE CITY MANAGER April 14, 1975 COUNCIL AGENDA ITEM NO. G -4 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: PURCHASE OF LOT IN BUCK GULLY During May of 1972 the City noted a lot under private owner- ship in Buck Gully which, theoretically, could be developed. The lot is adjacent to the "paper street" Ocean Boulevard Glen Drive and con - tains approximately 5,500 sq. ft. In an effort to remove a potential problem should an owner wish to develop this property, the City made an offer of $300.00 net to the owner. Two years later, on March 12, 1975, the owner of the property accepted the offer of the City. The lot, therefore, can be purchased for $303.60. It is recommended that the City make payment of the above amount and acquire Lot 73, Block A, Tract 673, located in Buck Gully. Attached you will find a copy of the subdivision map showing the subject lot. VV ROBERT L. WYNN Attachment AVIANDIN O O O 1 for !:; --, 0 N.0 of ca 03 ta Al2 IU ti to C4 Q3 Li A O 04 to 22 - ti ti. A v ca 03 ta Al2 IU ti to C4 Q3 Li A O 04 to 22 - ti ti. • /.ASS' RESOLUTION NO. 8465 APR 14 1975 A RESOLUTION OF THE CITY COUNCIL OF THE CITY By Cie CITY COUNCIL OF NEWPORT BEACH ACCEPTING A GRANT DEED FROM -CITY O@ NEWPORT BEACH AURENCE K. THOMPSON A WHEREAS, there has been delivered to the City of Newport Beach a certain grant deed dated March 21, 1975, wherein Laurence K. Thompson grants to the City of Newport Beach the following described real property in connection with the City's purchase of Lot 73, located adjacent to Buck Gully in the City of Newport Beach, legally described as follows: and Lot 73, Block A, Tract 673, in the City of Newport Beach, County of Orange, State of California; WHEREAS, it is to the interest of the City to accept said grant deed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport-Beach that said grant is hereby accepted, and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to cause said document to be recorded in the Orange County Recorder's Office. ADOPTED this 14th day of ATTEST: City Clerk it 1975. DDO /bc 4/11/75 i • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 14, 1975 COUNCIL AGENDA ITEM NO. G -4 TO: MAYOR AND CITY COUNCIL FROM: City Manager SUBJECT: PURCHASE OF LOT IN BUCK GULLY During May of 1972 the City noted a lot under private owner- ship in Buck Gully which, theoretically, could be developed. The lot is adjacent to the "paper street" Ocean Boulevard Glen Drive and con- tains approximately 5,500 sq. ft. In an effort to remove a potential problem should an owner wish to develop this property, the City made an offer of $300.00 net to the owner. Two years later, on March 12, 1975, the owner of the property accepted the offer of the City. The lot, therefore, can be purchased for $303.60. It is recommended that the City make payment of the above amount and acquire Lot 73, Block A, Tract 673, located in Buck Gully. Attached you will find a copy of the subdivision map showing the subject lot. ROBERT L. WYNN Attachment O AVIMHDIH !P :1 1.5 O QD *Z O O O .0 la ,4co O amu -2 q3 CITY OF NEWPORT BEACH. CALIFORNIA smo City Hall 3300 Newport BI►d. (719)673-2114 March 19, 1975 Mr. Lawrence Thompson 16369 Felice Drive San Diego, California 92128 Dear Mr. Thompson: The City of Newport Beach will pay you $300, net to you, for the purchase of your lot, known as Lot 73, Tract 673, located adjacent to Buck Cully in the City of Newport Beach. Inasmuch as the amount does not justify going through escrow, the City Attorney, Mr. Dennis O'Neil, has been authorized to submit a City check to you upon receipt of the signed deed. I would suggest that you execute the deed, transmit it by registered, return receipt mail to. Mr. Dennis O'Neil, City Attorney, 3300 Newport Boulevard Newport Beach, California 92660. As soon as this is received Mr. O'Neil will pay $300 plus the cost of all postage and expense, if any, in executing the deed. In other words, you will receive a net of $300 for your lot. If this arrangement is satisfactory, please comply. ,/Q erely, ROBERT L. P1YNP! ' City Manager CC: Mr. Dennis O'Neil, City Attorney L1 C% A !► 'l JTB�F �S` 9 lyvr r cam, CITY OF NEWPORT BEACH Office of CITY ATTORNEY April 1, 1975 To: City Manager From: City Attorney Subject: Lot 73, Adjacent To Buck Gul Attached are several copies of the Litigation Guarantee showing title to Lot 73, Block A, Tract No. 673 vesting in Laurence K. Thompson as his sole and separate property. Also attached is an executed Grant Deed for the property and a letter from Mr. Thompson enclosing a copy of a cancelled check showing taxes paid. Please let me know if you want us to prepare an appropriate resolu- tion accepting title to the property for Council consideration at their meeting to be held on April 14. Should the Council wish to purchase the property, I will forward a check to Mr. Thompson in the amount of $303.60. r DENNIS D. NNEIL City Attorney DDO /bc Attachments May 10, 1972 CITY OF NEWPORT BEACH Mr. Lawrence Thompson 16369 Felice Drive San Diego, California 92123 Dear Mr. Thompson: CALIFORNIA naw City Hell 3300 Newport Blvd. (714) 673 -2110 The City of Newport Beach has noted that you own Lot 73, Tract No. 673, located adjacent to Buck Gully in the City of Newport Beach. The assessed value on this parcel is $60.00. The City is interested in acquiring this parcel to assure that it continues as open space. If you are interested in selling the property, the City hereby makes an offer of five times the assessed valuat- ion, or a cash total of $300.00. The City could also attempt a condemnation proceedings that may give you advantages taxwise in reinvesting the money. If you are interested, Please let me know. Thank you. 5i-n\cerely, ROBERT L. WYNN City Manager RLW:mm i jul axc�-,� • 7k 1 -14- A-o 'tY� 6ft" 0 October 12, 1972 6 IrvineI Builders of Tomorrow's Cities ... Today Mr. Dennis O'Neil City Attorney City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92660 Re: Recording Data for Grant of Easement for Park Purposes Dear Mr. O'Neil: In accordance with your request of March 10, 1972, I am enclosing herewith copies of the recorded Corporation Quitclaim Deed to the Newport -Mesa Unified School Dis- trict and the Resolution of the Board of Education of the Newport -Mesa Unified School District. The escrow on the school site located in the Harbor View Homes project has closed, conveying the subject property to the Newport -Mesa Unified School District. If further information is needed, please contact me. Very truly yours, THE IRV INEAMPyANY ohn ger Sands Manager Residential Project Administration JS /dp Encl. The Irvine Company • 610 Newport Center Drive • Newport Beach, .California 92660 • (714) 6443011 c; , 7 The Irvine Company • 610 Newport Center Drive • Newport Beach, .California 92660 • (714) 6443011 PARKS M R 1'. 72 4 CITY OF NEWPORT BEACH BEACHES AND RECREATION CObMISSION By the CITY COUNCIL March 13, 1972 CITY of NowioPq 66ACH TO: MAYOR AND CITY COUNCIL FROM: PB F, R Commission SUBJECT: ACQUISITION OF LOTS IN BUCK GULLY RECO14FMATION: Instruct the staff to take the necessary steps for City acquisition of three privately -owned lots in Buck Gully. DISCUSSION: Immediately adjacent to Glen Drive in Buck Gully are three vacant privately -owned building lots. Although access to these lots is not possible at the present time because of the absence of a developed road, it is quite possible that in the future development of these lots and an access road would be economically feasible. In order to protect the environment of the Buck Gully Canyon against this type of development, it is recommended that the City take immediate steps to acquire these lots and put them in public ownership. It is quite possible that negotiations with the property owners would result in a mutually acceptable purchase; however, the City should be prepared to take any additional steps necessary to acquire these lots. If the City is to have a paseo system linking the ocean with the upper reaches of Buck Gully, a development of.private dwelling units in this area and the construction of a street would have a detrimental effect on not only the natural beauty of the Canyon, but the implementation of this paseo system. 4d 74 HALL SEELY, Chairman HS: CCS:h /3S's' . G -Z M CITY OF NEWPORT BEACH CALIFORNIA I I f t John Sands# manager Res idential.'j)*velop6rx4" - nistralion .4he rrvine Company too Newport denier Driver, Now rt Beach. Califo nia92660 Re: Grant of easement for park purpose a Dear Mr, Sandst Enclosed ii the quitclaim deed which was prepared and akecuted br.the City to replace the above grant of easement formerly sent to you in connection with the conveyance of property by you to the Newport-Mesa School District. I believe the attached document should now satisfy the School District, and can be included in.the esczow proeeedinglv- Uo(* record ,'L.L:aa of this document at the close of said *Vcrow, we would appreciate receiving the recording information for our records. Thank you for your cooperation. Yours very trul.r, DENNIS OINEIL City Attorney DcUtmh Encl. cc.. city clerk -16-r- 0 March 6, 1972 Mr. J. Wylie Carlyle County Recorder P. 0. Box 238 Santa Ana, CA 92702 do Enclosed is the Cortxration Quitclaim, Deed from the City of Newport Beach to the Newport -Mesa Unified School District. After recordation please return the deed to my offioe. This deed was authorized by the 6ty Ccuncil or. December 27, 1971 by the adoption of Resoluti_r. No. 7595. Laura Lagios City Clerk LLcswk enc. lk 0 CITY CLERK 0 January 3, 7972 CITY ATTORNTY MY CITPK f7Pu7 nF rAST"7r,' MP RTUFFALO T7LI;7, PARK ROV001, ST17 Enclosed is executed oriuir;W 7rort of Easement to he NeDOSA& Q the escroa re SO sale OF the Puffain Hills Park school site property to On D_strict by tie Trvinc Company aM to he recorded concurrently with the closing. After recordation please send recorO.ST information to us For our files. We are assn encl.(-.-,'n7 a ronv of svQ Fasa7ent for vour files. . aur La7iC7 City Clerk. 11: swk enc. CC: Community Pevelopment %Dt. That portion of Block 92 of Irvine's Subdivision as #4"n on a Map recorded in Book 1, page 88 of Mis- c 06ft4ous.Reaord Maps, Records of Orange County, California; described as follows: Beginnia at the Southwesterly corner of Lot 96 ifi.:' Tract No .64L.as shown on a Map recorded in $ook 2441 pages 1 through,. 6., inclusiv®, of Miscellaneous :Kppa, Records of Orange County`, California, bring ai""a point on.the� boundary line of Tract No. 6622, as shown..on.a Map recorded in Book 245, Pages 20 through 23, inclusive, of Misaeilam, ous. Maps, Records of Orange County, California, being a po.ini on a curve in said boundary line, concave Northwesterly, having a.:radius of 66.00 feet, a radial line through,aaid point bears North 56017'32" West; thence along said boundary_lins, Southwesterly along said'cuiVe, through a central angle of 39 °55'14 ", an arc distal' of 45.98 feetI thence South 16 022118" East 9513 feet7t6 the Southeasterly corner of Lot 98 in said Tra+pt,,.Ao. 6622; thence South 13 044103" west 96.59 feet to'4 „,Point on a nonitangent curve,:.concave South- westerly, having a radius of.66.00 feet, 8 radial line through..said point bears South 13 044'03” West] thence Southeasterly. along said curve, through a central angle of 28 °38`52, ":, -an are distance of 33.00 feeta thence North 34 035159" East 37.98 feet to a lino' parallel with and distant Southerly 191.00 feet _from the Southerly lino of said Lpt %I thence South 81 °2343" ]Past along.said . parallel 41ne 310.00 feett.'thence North 6 036117" last 191.00 facet to said Southerly linei thence North 81 12.3143" West 357.08 feet to the Point of Beginning. SUBJECT TO: All Covenants, Conditions, Restrictions, Rights., Rights -of -Way and Easements of Record, if any. -1- . ts;: , i . • STATE OF CALIFORNIA ) } ss I -1 ! � i___�__. before me, the.undersignod, a Notary Vublie is a +fM al 9 ate, personally appeared 1r-F. HIRTH, known tC me to be the MAYOR, and ZAu?A LAGIOS, kn*4ii to me to be the CITY CLERK ®i the munnicipal corporation that executed thO within, instrument, and known to me to be the persons who executed the within instrument on behalf of the municipal corporation ..,therein name&, and acknowledged to me that such municipal cor- poration executed the. within 'instrument pursuant to,* resolution of ita city Cotil. WITNESS my hand ,and official seal. DO Notary 8ub1 in and or as d State is ,... -3- .._ ' � .. ... i • II Nk GRAM e! T ffi C�$5t Of NEWPORT BEACH, a municipal coj"ration,. bereby grants tYS 3iEAtYOAT- P4E.411 UNIVISO SC i' 1tSCT, an HOOL easame t;f ©r.gub2 t uses over real property sitojt ,. the C1LtY...'t►ft "Heeaeh, County of orange, Califbraiat described as follows; r ,portion. t4 • B1QCk 92 of Irvine's Su WKvision as shown am;,AA4ap recorded in Hook 1, page 88 of Mis- cellaneous scd :Records of Orange County, California—described as follows; BeqiIIMA g at the Southwesterly corner of rat in Tract No. Ii621 as shown on a Map recorded 'in Aeoic 244, 8a482 1 thrfl"h..6, inclusive, of Miscellaneous MapA, Records of Or"a county, California, being also a point . oa the boundary line,of Tract No. 6622, as shown on a tags *&44 in Book 245, Pages 20 through 23, inclusi%e' of Miscull"em m Maps, Records of orange County,. California, - being a „po*rki on a'curve In said boundary line, concave 10orthwer6or4 ,having a radius of 66.00 feet, a. radial 1iSe t "14 ears Norte; 56° 17'32 ” West t euR<sa along _ line, Southwesterly aloi►g said �tarye�, tfrough` s Central angle of 3995S114"'. an .. .. are distance sf 45.911 fgatt thence South 16022118" ;art 93.13 fail to the Southeasterly corner,of Lot 98 in said Tra<dt *i. 66227 thence South 13 °44103" West 96.59 fee tb gent curve, concave South- a n westerly, iaffirw, a radius of 66.00 fast. ;,.radial line tbrcugh..O,* i goint..boars South 13 044'030 Weatf thence SoutheartaOW iulong said cartes, through a cent ral a Vle of 28'38.'6$ j- +An- are.distance'of 33.00 feetr thence . . North 34 °35f5O East 37. 96 feet to a 1in6'paFalle1 with and diitattt 80ruthar1y:191..00 feet .free; the Southerly line of _plaid •Lot ' +'t thWW6`S�auth el °23'43; East ale=;g, said. par; 111, iie. 210.00+y►16t t thence North 8 036' 17 ° East .191000 feet Le►.said.Be'iltilirly liner thence North 81 °23143" ifest 357.fl8 <f et to .tba'Point of Beginning. s[78+7EC'P;: All Covenants, Conditions, Restrictions, j Rights,. 'Rights -of -Way and Easements of 1 Record, if any. I. 0 Parch 6, 1972 Newport-Mlesa Lhifiec� School District P. 0. Box 1368 Newport Beach, CA 92663 i Subject: Proposed Grant of Easement for Park Purposes from City of Newport !Beach (Buffalo Park) The Corporation Quitclaim Deed, in connection with subject park has been sent to the County Recorder. The original Quitclaim with recording information will be sent to you when we receive it back from the Recorder'. office. laura Lagios City Clerk LL: swl- enc. tc: City Attorney February 15, 1972 City of Newport Beach City Hall 3300 Newport Blvd. dPA. Newport Beach, Calif. Attention: Laura Laglos, Re! Grant of Easement for City Clerk Park purposes Dear Madam: In requesting legal assistance in accepting subject Grant of Easement, we have been informed that said Grant would only allow use for park purposes. As per such advice, we are hereby requesting that the City's interest be quit - claimed. WRR-.sk End . 2 Very truly yours, ­ lAa., 0 r'n Roode Coordinator. School Facilities • ADRIAN KUYPER COUNTY COUNSEL CLAYTON H. PARKER CHIEF ASSISTANT ROBERT F. NUTTMAN WILLIAM J. MCCOURT ASSISTANTS • OFFICES OF THE COUNTY COUNSEL County Of Orange JOHN M. PATTERSON ARTHUR C. WAHLSTEDT, JR. COUNTY ADMINISTRATION BUILDING - P.O. BOX 1379- SANTA ANA. CALIFORNIA 92702 - 834.3300 JOHN W. ANDERSON RAGNAR R. ENGEBRETSEN LAURENCEM. WATSON THOMAS P. CONROY February 10, 1972 VICTOR T. BELLERUE .JOHN R. GRISET .JOHN F. POWELL CHARLES B. SEVIER WALTER D. WEBSTER IRYNE C. BLACK RALPH W. BENSON. MARVIN G. WEEKS SPENCER E. COVERT DEPUTIES Board of Education Newport -Mesa Unified School District Post Office Box 1368 Newport Beach, California 92663 Attention: William R. Roode Coordinator, School Facilities IN REPLY .REFER TO: SN1 -85 Re: Proposed Grant of _Easement for Park _._. Purposes from CiC�r o�Newport . C_a� tf° Gentlemen- ll�� We have considered the above proposed grant of easement which the District wishes to accept on the basis that when the transfer of the underlying fee from the Irvine Company to your District is completed, all interests in the property will be merged and may be used for school purposes. We do not believe that this would be the legal result, and unless the City is willing to quitclaim all of its interest to the District, it would remain incumbent upon the school district to use the easement for public park purposes. Accordingly, we suggest that the City be contacted with the request that it quitclaim its interests to the school district. Should you need any further clarification, please do not hesitate to contact this office. Very truly yours, ADRIAN KUYPER, COUNTY COUNSEL By Iryne Black, Deputy ICB:kls cRMN'r Or ZASP24Ui i 1 4 i this %-Ij %6 day of l AC/p , 19 7 i G' IW'-I GP CALIPG. S J A 1 ss - ,-1 Atteat% - C, i ty C e r? ( 7) bC:�ore me, . the undersigned, a 1,jotary }�L•..�...iC ill iS��tl iC:t: ` -=i —State, geYZ;Cn:::lly t.1 YJ0aYCd L. C IIIh�7.z, to w.e to b!? cho A:- �:.°" , and kno;:n i:o me to b© t'iio. C: 1'i :i CLr"R.K of t'he l uail:Apal CU1' "'Ci.Yc"1'C 1:111 that axe ,,cutf'd. tho within iw: trl mll ,nt, and )`:noun to ";2 'to bz) tncw` 1 er-oons 14f-lo executed. thr C: °iti77.n l 3i:YtL`;IGllt OII Gr_�aa li OL t1iC G;11 i1C 1;7:1 CUY'pOr atl On tt1: ?:CCi..i;l nam—d, anG to ale, that SuCil. rgUn'iciPz.1 Cor- por:rcion executed the c;itain inL;Lrurnent pursuant to a resolution of its City Council. WTV4E SS my hand and official seal. �j .. L •PALEN ? 4 \� ; • ;' F" n ,.otary Publ in and for said _�.., o�,�r�;,�•.,:cv i My Commission E,�,,es r,:b. 9, 1971 State GRANT'-A... jff EKENT THE CITY OF.. NEWIti, BEACH, a qqj ipal Corporation, f F °.X,.3rants to.t1W MESA UNIy.ISD SCHOOL DISTRICTr an easemett4 public park purposes over real property situated in the Cit}40' Veviport Beach, County of Orange, State of California, des` as follows: That per io_an of B1 as. $bow, on a p recor ceious Rec d Ma pa, Cali :, des ibed a Beginning at the 3 Tract No. 6621, as h Pages 1 through 6, ncl O*As,.of Orange Co nt on tAe undary line f Map recorded in Book 2 ` of Miscellaneous Maps, being a point on a cury Northwesterly, having a. line through said point thence along said bound said curve, through a c arc distance of 45.98 f 95.13 feet to the South said Tract No. 6622, t feet to a :po.int on' a o westerly, having a r di through:said point. ear Southeasterly alon sai of 28 °38'32 ", an rc di North 34 °35x59" sat 37 and distant Sou erly 1 of esid.,Lat 96' thence parallel line 3.1,0.00 fe 191.00 feey�t�{ said_ Sou Weft 157.wWC �Gt ;to the St3BJECT :: 111 Co *.Rights, ock 92 of Irvine'' Subdivision ded in Book:l,..p a 68 of His - Records of Ora a County, s follows; outhwesterly orner p# Lot 96 in own on a Map r corded in Book 244,. usive, of M seallaneous Maps, y, Califor ia,. ring also a point Tract'No 6622, as shown." a 5, Pages 20 through 23, 40Clusive, cords of Orange County; California, in .s id boundary line, concave ad' s of 66:00 feet, a radial b a.s North 56 °17'33." west; inline, Southwesterly along al angle of 39°55'14 ", an 'tF thence South 16 022'18" East aste*ly corner of Lot 98 in ence b�puth 13 044103" West 96.59 n- tang "t curve, concave south - us of 6 .00 feet, a radial line s South 3°44'03" Weets thence. d curve, ough.a central ,angle stance of 3.00 feet, thence`' .98 feet to \a line parallel with 91.00 feet 'Tom the Southerly line South;81 °23' " East along said stj thence North 8 036117" East tberly lines thence North 81 °23'43" 4oint of Begining. vet7a*ta,, Conditions'� Restrictions, Rights -of- Way and Easements of Record, if any. T. -1 Mayor Attests On Iq 7) be or s 2*, aid for Said State, p 8 kftwn to I" tO •be this MAYOR, and the CITY CUR K of the municipal o li� instrument, and known to e th* within instrument on behalf o the�r�kja named-*: and acknowledged , t poratibli executed the within inst of its City i. WvWWS mY"IAW and official seal.' . .......... ......... . ..... ........... L. PALEN PU VC My Commission Expircs Feb. 9, 1.973 ............... ........................................ �v -2. . M i he undersigned,. 6:140tarY nall* appeared R. F. RXRTH,. .URA/tAGIOS, known to me to be pogation that executed this , to( be the persons who executed . tine municipal corporation me that such municipal cor- ment V"'Buant.to a resolution tate - a7E� .ffC�I,pOIL CQnCer 17=1ve 8sach* `California 92660 Dear Mr:` 9aaele.t Following up your request to Cal Stewart of December 14, 1971, we have prepared the attached grant Ot easement for you to deposit in the escrow currently being held in connection with the conveyance of property by YOU to the Newport Mesa School District. This relinquishes to the 'ffftt '!bt the easement for park purposes formerly granted to the City over. a portion of Lot 44, Tract 6565, adjacent to �'�a'.�, I IAA P.. Upon recordation of this document at the close of said escrow, we would appreciate receiving the recording' information for our records. Thank you for your cooperation. DON:mh anal City Clerkl� PE" Direttor Cal Years very truly, DENNIS O'NSZL City Attorney 0 CITY OF NEWPORT BEACH Office of CITY ATTORNEY To: The Honorable Mayor and Members of the City Council From: City Attorney December 27, 1971 Subject Deed to quitclaim City's easement on proposed school site in Harbor View Homes Project, adjacent to Buffalo Hills Park On June 22, 1970, the City Council entered into an agreement with The Irvine Company in connection with the development of Buffalo Hills Park. One of the conditions of the agreement was the granting of an easement by The Irvine Company to the City for park and recreation purposes over a parcel located at the southerly end of the park consisting of 1.61 acres. It was anticipated that the Newport -Mesa Unified School District would subsequently acquire a school site adjacent to said park, and in that event The Irvine Company was to convey fee interest in the 1.61 acres to the School District for park and playground purposes and the City was to convey its easement to the District. The Irvine Company is currently in escrow with the School District with this parcel, which has been designated as a school site in the Harbor View Homes project. This office has prepared the requisite deed granting the above easement which is to be deposited and held in escrow and recorded concurrently with the sale by The Irvine Company of the fee interest. The resolution which appears on this evening's agenda, if adopted, would authorize execution of the deed and fulfill the City's obligation under the terms of the agreement. DENNIS O'NEIL City Attorney DO'N :mh cc: City Clerk City Manager PB &R Director 1 1 AYRN6oLUT.TC7Di' OF TH*-. VN COULICIL �_ THE CITY w z"ORT BETWX ,AUTHORIZIIQG EXECU- TION o! DBRdl EYING FrMEMENT TO IM000 oh .UNI SCHOOL DISTRICT IN CONNBCT%OM WITH SCHOOL SITE ADJACENT TO BUFFALO %1,1 PAW } in Connection with the development of Buffalo. Hills Park the City acquired an easement from'The Irvine Company . jox park and recreation purposes over a parcel of land adjacent tit #as park; with the understanding that in the eve the Newportteit > �A#ied School District acquired said parcel for use as a s of site the City would' relingd titre alcove ,- easement; and 94HZREAB, -. the School District is currently in escrow to purchase the above parcel;of land.from The Irvine Company;., and the City hiibeen requested to convey said easement to the School.District;'and WHEREAS,. the City Council has determined dirt it would - i be in the beet interests of the City•to do act 1llt>9P, R$FORS, BS :IT. oLVj9D by the City Council of then City of ffiWWrt Beach that the Mayor and Gity. Clerk are hereby authorized to..execute a deed' granting to the Nswgort- Unified Sclsool District the easement for public park purposes :prewict ly Csci3tvenyed to the City of Newport Beach by The lrvine::Compgay in connection with the dovelopment.of Buffalo Hills Park,, osier 'real prapearty situated in the City of Newport Beach, - County of Orange, State of Califvtnia, lbgally described as fellowai That.postioXt.of Block 92 of irvineie Subdivision as shown on a, . x4 recarde, ". in Book 1, page 88 of Mis- cella4eoUq.:iteCotd Nips, Records of orange County, California; described as follows: -1- ... ;,. ... h .. ,`_ ,.. . ... ,`_ ,.. . f .. .... .....;. r:. . . . ._.. ., y ... � t �. .. ,.j: .. / '. :. ..... - .... i AIL inniti9 arR the SouAwesterly corner of Lot 95 in Tract 110. 66211 is Bbbwn ore a Map recorded in Book 244, ages i thrau4h, -t, irwlUO.ive, of Miscell*Aeous "ps, Aecords of orae¢e Cdnnty.,.California,.b'eing also a point the boundary litle.o! firact No. 6622, as shown on a eecsrded; a Boot :24�, . gages 2:0 through 21, inclw,z'e. 3�lsoellaptia9 ,teeda of Orange. County, C a10ornia, m "ei #; point :mrve fti said boundary ' line, ootitre Noe+z3yr ' Wing a :re4ius of 56.00 feet, 8 radial line ajul�ta point. oars tiorth 55 0:17132" Weitz thence aloxs8 =..id boundary line, Southweeeerly *long aad cures, rough.a central angle of 39.55 4 an :distance of 45`.98 feats thence Si Ax 15 °22'18" It feet to:t A.. $butheasterly :cornae of Lot' 98 in_ . thence South 13 °44103" lPest 96:59 f .a non- tsn"Pt curve, concave South- westerly, having a radius of 66.00 feet, a radial line. Eh h'',gai$`.:pofnt betre $both 13 °44'03" )Pest} thence ., SouthebAterlyw,& nng ii" Curve, through a can , 61 angle . of 28 °98'52 ",..'an arc Ma ce of 31.00 'feet ;''thence lkarh'�` #9 8aE1t «98 'feet 'to a ling parallel with r; and diatisgt� BtP�erly 93.00 feet ffrom the Southfrly line of said Lot 96j, : thence South 81023943° East along said parallel -WAO; ,UC 00 feet i thence *rth 8036117" . East 191,0.8'F�lQ -to kaid-southerly line': 'thence North,_Bl °23`'49`" FTest 3570 ;.f"* to..the ;Point of. Beginning. . KWV -'BE' i jhis 5; 7.. h. day of, c 19 ? , Mayor ATTROT ty e -2 L.x _ ,. RECORDING REQUESTED BY INS AND w n 119COMOSO MAIL To :. 051 7 NsAw Some Aadra Cltr a sal. L J ,vcc 7, # 3 '14Nc� C,L- c, a D S SPACE ABOVE THIS LINE FOR RECORDER'S USE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF NEWPORT BEACH, a municipal corporation xxorlw0di r organized under the laws of the state of California hereby REMISES, RELEASES AND QUITCLAIMS to I. NEWPORT -MESA UNIFIED SCHOOL DISTRICT all of its interest in the following described real property in the County of Orange That portion of Block 92 of recorded in Book 1, page 88 Orange County, California, City of Newport Beach , State of California: Irvine's Subdivision as shown on a Map of Miscellaneous Record Maps, Records of iescribed as follows% Beginning at the Southwesterly corner of Lot 96 in Tract No. 6621, as shown on a map recorded in Book 244, pages 1 through 6, inclusive, of Miscellaneous Maps, Records of Orange County, California, being also a point on the boundary line of Tract No. 6622, as shown on a map record- ed in Book 245, pages 20 through 23, inclusive, of Miscellaneous Maps, Records Of Orange County, California, being a point on a curve in said boundary line, concave Northwesterly, having a radius of 66.00 feet, a radial line through said point bears North 56 °17132" West; thence along said boundary line, Southwesterly along said curve, through a central angle of 39 °55114 ", an arc distance of 45.98 feet; thence Sout 16 °22118" East 95.13 feet to the Southeasterly corner of Lot 98 in sai Tract No. 6622; thence South 13 °44104" West 96.59 feet to a point on a non - tangent curve, concave Southwesterly, having a radius of 6:6.00 feet, a radial line through said point bears South 13044103" West; thence Southeasterly along said curve, through a central angle Of 28038'52 ", an arc distance Of 33.00 feet; thence North 34 °35159" East 37.98 feet tc a line parallel with and distant Southerly 191.00 feet from the Southerly line of said Lot 96; thence South 81 °23143" East along said parallel line 310.00 feet; thence North 8 °3611711 East 191.00 feet to said Southerly line; thence North 81 °2314311 West 357.08 feet to the Point of Beginning. STATE OF CALIFORNIA Orange } SS. COUNTY OF 1 On February , 197.2 before me. the under signed, a NotaryY Public in and for maid State, perMrnally appeared E. F. Hirth , known to me to be the or xarMM and Ldura Ldglos known to me to be (`i f-tT rl ark sliatesr7{of the Corporation that executed the within instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Inmru ment pursuant to}'�g7{�}¢.a resolution of it `'Y 7{9C •.. WITNESS my hand and official seal. 6i `MunC 11 Signature By I�z 7-�— ��M`ay�or Rasafaext By �L "LCC �l�ORi t CI erkSwpe � Name (Typed or Printed) ITId. ne. Tor olltct.t no.0.1 .e.s Title Order No. — row or Loan No._ MAl1- .7/AX:.$I IEOhENIb :AS DIRECTED ABOVE "It TAX fTAT0101T1 m r I Nses SMM Aadrod G� L J Corporation Deed Quitclaim AFFIX TO 403 Aoa C. 17S7) THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY I.R.S. ABOVE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF NEWPORT BEACH, a municipal corporation xxorlw0di r organized under the laws of the state of California hereby REMISES, RELEASES AND QUITCLAIMS to I. NEWPORT -MESA UNIFIED SCHOOL DISTRICT all of its interest in the following described real property in the County of Orange That portion of Block 92 of recorded in Book 1, page 88 Orange County, California, City of Newport Beach , State of California: Irvine's Subdivision as shown on a Map of Miscellaneous Record Maps, Records of iescribed as follows% Beginning at the Southwesterly corner of Lot 96 in Tract No. 6621, as shown on a map recorded in Book 244, pages 1 through 6, inclusive, of Miscellaneous Maps, Records of Orange County, California, being also a point on the boundary line of Tract No. 6622, as shown on a map record- ed in Book 245, pages 20 through 23, inclusive, of Miscellaneous Maps, Records Of Orange County, California, being a point on a curve in said boundary line, concave Northwesterly, having a radius of 66.00 feet, a radial line through said point bears North 56 °17132" West; thence along said boundary line, Southwesterly along said curve, through a central angle of 39 °55114 ", an arc distance of 45.98 feet; thence Sout 16 °22118" East 95.13 feet to the Southeasterly corner of Lot 98 in sai Tract No. 6622; thence South 13 °44104" West 96.59 feet to a point on a non - tangent curve, concave Southwesterly, having a radius of 6:6.00 feet, a radial line through said point bears South 13044103" West; thence Southeasterly along said curve, through a central angle Of 28038'52 ", an arc distance Of 33.00 feet; thence North 34 °35159" East 37.98 feet tc a line parallel with and distant Southerly 191.00 feet from the Southerly line of said Lot 96; thence South 81 °23143" East along said parallel line 310.00 feet; thence North 8 °3611711 East 191.00 feet to said Southerly line; thence North 81 °2314311 West 357.08 feet to the Point of Beginning. STATE OF CALIFORNIA Orange } SS. COUNTY OF 1 On February , 197.2 before me. the under signed, a NotaryY Public in and for maid State, perMrnally appeared E. F. Hirth , known to me to be the or xarMM and Ldura Ldglos known to me to be (`i f-tT rl ark sliatesr7{of the Corporation that executed the within instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Inmru ment pursuant to}'�g7{�}¢.a resolution of it `'Y 7{9C •.. WITNESS my hand and official seal. 6i `MunC 11 Signature By I�z 7-�— ��M`ay�or Rasafaext By �L "LCC �l�ORi t CI erkSwpe � Name (Typed or Printed) ITId. ne. Tor olltct.t no.0.1 .e.s Title Order No. — row or Loan No._ MAl1- .7/AX:.$I IEOhENIb :AS DIRECTED ABOVE \ 6@Q\$ /�Q3& a\ <_- JJ«\§ \ LO } f \ } j \ { z w� � ^ \ � � < § \ _ « Q q ) y \ \ � % } q » \ / ±tea $ \ \\ §4/* $ \/} _,_ CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director August 19, 2004 Mr. Drew Gordon, Branch Manager TruGreen LandCare 1150 W. Trenton Avenue Orange, CA 92867 Dear Mr. Gordon, The City has contracted with TruGreen LandCare for the landscape maintenance of City parks, facilities, medians, and roadsides for the past five years. During the past several months, performance deficiencies have been accumulating without a successful nor consistent resolution. The latest attached Performance Deficiency Notification, dated August 4, 2004, and email report enumerates several examples of key issues which are unacceptable. One of the primary areas of concern is the lack of consistency in completing the basic requirements, as required in the three landscape maintenance contracts. Another is the lack of service based on resource allocation regarding personnel, equipment, and materials. This letter is to serve as a 60 -day notice to perform corrective action to significantly improve your performance of the three City landscape maintenance contracts. Additionally, I am requesting that you develop a written "Plan of Improvement" regarding the deficiencies, and submit it to me within 10 calendar days. I hope that these issues can be resolved, so that the City and TruGreen LandCare can continue to work together in serving the citizens of Newport Beach in the best possible manner. Sincerely, David E. Niederhaus, Director General Services Department DEN /pr Attachment: TruGreen Deficiency Notification and Email Report cc: Sergio Hernandez, TruGreen LandCare Regional Operations Manager F.WSERS'(GS V,SAaredLW3 Yaks and TreesliiuGrccnlTmGrernLo-4i0J . duc 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3055 • Fax: (949) 650 -0747 - www.city.newport- beach.ca.us QlEW�RT O � S C�4cOPP`� PERFORMANCE DEFICIENCY NOTIFICATION The following performance deficiency has been noted and requires immediate attention: Location: Citywide Medians and Roadsides Deficiency: Irrigation repairs, weed control, litter control; trimming and landscape maintenance, are not being performed to contract specifications. If this work is not performed as requested another vendor will be hired to complete the deficiencies, and a deduction of this cost will occur against the next monthly billing. Notification sent to: Contractor's Representative(s) - Drew Gordon Method: Fax (714) 628 -1011 Date: August 4, 2004 Time: 2:30pm In accordance with the provisions of this contract, corrective action must be taken within: El Immediately ElTwelve hours 11 Forty -eight hours ® Complete by August 10, 2004 WIN111 -�� 4'� ►�' Deficiency subject to deduction from payments per Contract Agreement. Please initial the necessary corrective action and immediately notify the �ity Inspector in writing when complete. Follow -up inspections by the City Inspector when deficiency is corrected: By: Date: Comments: H VaYw . J Re,i,N )iI4' DATE.TIME FAX NO. /NAME DURATION PAGE(S) RESLLT MODE TRANSMISSION VERIFICATION REPORT 08/04 14:07 17146281011 00:00:32 01 OK STANDARD ECM TIME : 88/04/2884 14:08 NAME : PARKS TREES FAX : 949 - 650 -5643 TEL : 949 -644 -3062 Message Page 1 Of 1 Rusas, Pat To: Lomeli, Marcy Subject: RE: MEMORANDUM 'Contract Maintenance Service Request' DATE: Aug. 12 -04 - - - -- Original Message---- - Prom: Martinez, Bob Sent: Thursday, August 12, 2004 11:23 AM To: DrewGordon @Landcare. com (DrewGordon @Landcare.com); Molly_Vanwagner @Landcare. mm (Molly_Vanwagner @Landcere.com) Cc: Kearns, Randy; Lomeli, Marcy; Ramirez, Paul Subject: MEMORANDUM 'Contract Maintenance Service Request' DATE: Aug. 12 -04 Don Reiter, Drew Gordon, Tru -Green LandCare Maintenance Inc. DATE: August 12, 2004 The following landscape maintenance issues need immediate attention; 1. Goldenrod Ave. Foot Bridge; • Inspect for sufficient watering duration and plant requirement. • Plants (Geraniums) are insect infested, inspect & schedule eradication. * Plant replacement, fill in all voids. * Remove all dead leaf plant foliage and trim. * Remove leaf debris and clean sidewalk. 2. Irvine Ave. Medians, Westcliff Dr. to Holiday Ave. * Remove weeds. 3. El Paseos Median; * Trim Bougainvillea. Sign /Date Completed: Cc: Mel Hernandez Robert Brandifine Gilbert Munoz Ruben Garcia 08/18/2004 N H W ~ Q h Q ¢ 4 W W Z "a U �n c. cc un ti N i 2 G 1� W v X ri r Z X M M .IJ 3 v z EACH �R 6 0. 6 O y� A117 W r� U C N� U F. W M 0 o „ ad >� VU C W N N C ovgg �F =o W6 Ot3HO COPY Mr. Drew Gordon, Branch Manager TruGreen LandCare 1150 W. Trenton Avenue Orange, CA 92867 Dear Mr. Gordon, CITY OF NEWPORT BEACH GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director August 19, 2004 The City has contracted with TruGreen LandCare for the landscape maintenance of City parks, facilities, medians, and roadsides for the past five years. During the past several months, performance deficiencies have been accumulating without a successful nor consistent resolution. The latest attached Performance Deficiency Notification, dated August 4, 2004, and email report enumerates several examples of key issues which are unacceptable. One of the primary areas of concern is the lack of consistency in completing the basic requirements, as required in the three landscape maintenance contracts. Another is the lack of service based on resource allocation regarding personnel, equipment, and materials. This letter is to serve as a 60 -day notice to perform corrective action to significantly improve your performance of the three City landscape maintenance contracts. Additionally, I am requesting that you develop a written "Plan of Improvement' regarding the deficiencies, and submit it to me within 10 calendar days. 1 hope that these issues can be resolved, so that the City and TruGreen LandCare can continue to work together in serving the citizens of Newport Beach in the best possible manner. Sincerely, David E. Niederhaus, Director General Services Department DEN /pr Attachment: TruGreen Deficiency Notification and Email Report cc: Sergio Hernandez, TruGreen LandCare Regional Operations Manager F IUSLKSLS V'Sha, JdQWl PuAS and Trccsi 6uGrccnlTmGrarnL VJJOJ d 3300 Newport Boulevard - Post Office Box 1768 - Newport Beach. California 92658 -8915 Telephone: (949) 644 -3055 • Fax: (949) 650 -0747 - www.city.newport- heach.ca.us D w i C�4 rp6N�' PERFORMANCE DEFICIENCY NOTIFICATION The following performance deficiency has been noted and requires immediate attention: Location: Citywide Medians and Roadsides Deficiency: of this cost will occur against the next monthly billing. Notification sent to: is not performed as :ies. and a deduction Contractor's Representative(s) - Drew Gordon Method: Fax (714) 628 -1011 Date: August 4, 2004 Time: 2:30pm In accordance with the provisions of this contract, corrective action must be taken within: ❑ Immediately ❑ Twelve hours ❑ Forty -eight hours ® Complete by August 10, 2004 Prepared by: ndy Kearns Approved by: AII&I j q o i:lino L\xaeT Deficiency subject to deduction from payments per Contract Agreement. Please initial the necessary corrective action and immediately notify the �ity Inspector in writing when complete. Follow -up inspections by the City Inspector when deficiency is corrected: By: Date: Comments: H P A%.4ra Pa .m: tn�[ w ...�•rnR�nw..�<ar:�.n<y.'w.<JO< R<w 1:5,04 DATE.TIME FAX NO. /NAME DIRATION PAGE(S) RESLLT MODE TRANSMISSION VERIFICATION REPORT 08/04 14:07 17146281011 00:00:32 01 OK STANDARD ECM TIME : 08/04/2004 14:08 MAKE : PARKS TREES FAX : 949- 658 -5643 TEL : 949- 644 -3062 . Message Page 1 of 1 Rusas, Pat To: Lomeli, Marcy Subject: RE: MEMORANDUM 'Contract Maintenance Service Request' DATE: Aug. 12 -04 - - - -- Original Message--- - From: Martinez, Bob Sent: Thursday, August 12, 2004 11:23 AM To: DrewGordon @Landcare.. cam (DrewGordon @Landcare.com); Molly_Vanwagner@Landcare. cam (Moth Vanwagner @Landcare.com) Cc: Kearns, Randy; Lomeli, Marcy; Ramirez, Paul Subject: MEMORANDUM 'Contract Maintenance. Service . Request DATE: Aug. 12-04 Don Reiter, Drew Gordon, Tru -Green LandCare Maintenance Inc. DATE: August 12, 2004 The following landscape maintenance issues need immediate attention; 1. Goldenrod Ave. Foot Bridge; • Inspect for sufficient watering duration and plant requirement. • Plants (Geraniums) are insect infested, inspect & schedule eradication. • Plant replacement, fill in all voids. • Remove all dead leaf plant foliage and trim. • Remove leaf debris and clean sidewalk. 2. Irvine Ave. Medians, Westcliff Dr. to Holiday Ave. Remove weeds. 3. El Paseos Median; Trim Bougainvillea. Sign/ Date Completed: Cc: Mel Hernandez Robert Brandifine Gilbert Munoz Ruben Garcia 08/18/2004