HomeMy WebLinkAbout98-66 - Vacation & Abandonment Adjacent to 2735 & 2741 Ocean BlvdRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
P. O. BOX 1768
Newport Beach, CA 92658-8915
TITLE OF DOCUMENT:
a
Recorded in the County of Orange, California
War L. Granville, Clerk/Recorder
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THIS SPACE FOR RECORDER'S USE ONLY.
Exempt Recording Request per Government Code 6103
Resolution No. 98-66
RESOLUTION NO. 98-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ORDERING
THE SUMMARY VACATION AND ABANDONMENT OF A PORTION OCEN BOULEVARD
LOCATED ADJACENT TO 2735 AND 2741 OCEAN BOULEVARD IN CORONA DEL MAR;
AND DIRECTING THE CITY CLERK TO RECORD SAME WITH THE COUNTY RECORDER'S
OFFICE
WHEREAS, the City Council of the City of Newport Beach, pursuant to the provisions of
the Street Vacation Act (Section 8300 et seq. of the Streets & Highways Code) is authorized to
vacate a portion of a public easement; and
WHEREAS, the City Council of the City of Newport Beach desires to vacate the portion of
Ocean Boulevard, legally described in Exhibit "A' and depicted on the map in Exhibit "B, the
vacation to be processed pursuant to the provisions of the Street Vacation Act.
WHEREAS, the easement above-described has not been used for five years by the City
of Newport Beach or public utilities for the purpose for which it was dedicated or acquired and
has remained continuously unused by the City of Newport Beach or public utility for any public
purpose for a period of five consecutive years; and
WHEREAS, no money has been expended for the maintenance of the easement during
that period of time; and
WHEREAS, there are no public utility facilities in place that would be affected by the
vacation and abandonment of this easement; and
WHEREAS, the City Council of the City of Newport Beach has reviewed and considered
the various elements of the General Plan of the City of Newport Beach prior to declaring a
summary vacation of easement and has determined that the proposed vacation is consistent
with the General Plan, and
WHEREAS, the easement is unnecessary for present or prospective public use, and it is
the desire of the City Council of the City of Newport Beach to vacate the easement legally
described in Exhibit "A" and depicted on Exhibit "B", the vacation and abandonment to be
processed pursuant to the provisions of the Street Vacation Act, and
WHEREAS, the City Council has considered and approved the attached Restrictive
Covenant and Agreement to Maintain Property.
NOW, THEREFORE, be it resolved by the City Council of the City of Newport Beach that
the portion of street easement legally described in Exhibit "A", and depicted on the map attached
as Exhibit "B" is hereby ordered to be summarily vacated and abandoned. Provided however,
that abandonment shall not become effective until the Restrictive Covenant and Agreement to
Maintain Property, approved by City Council concurrently with this Resolution, has been
recorded .
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to have this
Resolution of Vacation be recorded in the Orange County Recorder.
ATTEST;
CITY CLERK
Adopted this /, A day of _f e ✓ ,1998
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EXHIBIT "A"
That certain portion of street right of way within Ocean Boulevard in the City of Newport Beach,
County of Orange, State of California lying easterly of and adjoining Block 033 of the Corona
Del Mar Tract as shown on map thereof fled in Book 3, Pages 41 and 42 of Miscellaneous
Maps in the office of the County Recorder of said County. Said certain portion being bound on
the west by the easterly boundary of said Block 033, bound on the east by a line parallel and
55.00 feet westerly, measured at right angles, from the easterly line of said Ocean Boulevard
and its northerly and southerly prolongation, bound on the north by the southeasterly
prolongation of the northeasterly line of Parcel A as shown on a map of City of Newport Beach
Resubdivision No. 82 recorded August 3,1959 as Document No. 124759 and filed in Book 4825,
Pages 125 through 127 inclusive of Official Records in the office of said County Recorder and
bound on the south by the southeasterly prolongation of the southwesterly line of Shell Street
(formerly A Street) as shown on said map of Corona Del Mar Tract.
F:1cat%Sharedld a1Ag%Ha milton\Ex hibitA.doc
EXHIBIT "B"
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N 0 R T H
AREA TO BE VACATED
VICINITY MAP
13.
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 98-66, was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th
day of October, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 13th day of October, 1998.
(Seal)
City Clerk of the City of
Newport Beach, California
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Newport Beach
Planning Department
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, California 92658-8915
Recorded in the County of Orange, California
Gary L. Granville, Clerk/Recorder
No Fee
19990570602 4 ; 21pm 08/04/99
006 25017338 25 23
C38 Al2 4 0 12.00 0.00 9.00 0.00 0.00 0.00
0.00 0.00 0.00
RESTRICTIVE COVENANT AND AGREEMENT TO MAINTAIN PROPERTY
EXEMPT REMING REQUEST PER
GOVERNMENT CODE 6103
This Restrictive Covenant and Agreement to Maintain Property (Covenant) is
made in favor of the City of Newport Beach by John Hamilton and Kathryn D. Hamilton
(Owner) is made with reference to the following:
RECEIVED BY A Owner is the owner in fee of the real property commonly known as 2735
dNING DEPARTMENT Ocean Boulevard (Parcel). The Parcel is depicted in Exhibit "A" and
CR NF\vPnP-1 F.TF,.aH legally described in Exhibit °B".
M AUG 11 1999 ERM
18,9110,11,12,112,314 15 16
City possesses an easement for street and highway purposes over the
Property adjacent to the Parcel and westerly of public improvements
associated with Ocean Blvd.
C. The Property consists of steep slopes that are unsuitable for any public
improvement and are not necessary for any present or prospective public
purpose.
D. Owners have improved the Property in conjunction with their use of the
Parcel as a single-family residence. The improvements were authorized by
the City and have been in place for more than twenty-five (25) years.
E. City desires to abandon the Property while preserving public views from the
adjacent sidewalk by controlling the height and nature of improvements
within the Property.
F. Owner acknowledges that City would not abandon the Property but for
Owner's agreement to execute and record this Covenant.
NOW, THEREFORE, the Parties agree as follows:
1. ABANDONMENT
City will adopt a .Resolution of Abandonment for the Property (Resolution). The
Resolution shall reference this Covenant and shall reserve to the City all
appropriate public facilities easements. The Resolution and this Covenant shall
concurrently be fled with the County Recorder.
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2. RESTRICTIONS
} Owner agrees to the following restrictions on the use of the Property;
A. The Property shall be used only in conjunction with the permitted uses on
the Parcel and shall be considered as a single building site for all purposes.
B. Structures on the Property shall strictly comply with all provisions of the
Newport Beach Municipal Code (NBMC), including, without limitation, Title
20 of the NBMC (Zoning Code) restrictions on the height and location of
structures. Owner acknowledges that, as of the date of this covenant, the
Zoning -Code .establishes a twenty-four.. foot (24') limit on the. height of
structures and prohibits any structure that exceeds the height of the "top of
curb" on Ocean Blvd. Owner also acknowledges that, as of the date of this
Covenant, the current front yard setback is ten feet (10') and the current
side yard setback is four feet (4').
C. Landscaping and vegetation on the Property shall not exceed the permitted
height of structures. However, the existing (as of the date of this Covenant)
hedge immediately adjacent to the sidewalk shall be permitted to a height of
sixty inches (60") above the elevation of the adjacent sidewalk. The hedge
must immediately be trimmed to a height of fifty-four inches (54") or less
when the maximum allowed height is reached.
D. Lighting on the property shall be confined to low-level lighting designed to
illuminate walkways and access points. Lighting that creates glare or
impacts views shall not be installed.
3. MAINTENANCE
Owner agrees to maintain all landscaping and vegetation on the Property and the
Parcel at or below the height specified in this Covenant. City shall have the right to
enter onto the Property or Parcel and bring the landscaping or vegetation into
conformance with this Covenant in the event Owner fails to do so within ten (10)
days after written notice of non-compliance is served on Owner. Owner shall pay
City all costs associated with enforcement of the height restrictions on vegetation
or structures including a thirty percent (30%) administrative fee.
4. MUTUAL RELEASE
A. Owner agrees to release and discharge the City (including officers and
employees) from any claim, loss or liability or damage that now exists or
may exist at any time in the future, that is in any way related to City
ownership, control or maintenance of the Property. Owner also
acknowledges that all control over, or maintenance of, the Property has
been the responsibility of Owner, or Owner's predecessors, for at least
twenty (20) years prior to the date of this Covenant. Owner has consulted
with legal counsel and as a result of that consultation fully understands the
nature and extent of this release.
2
B. City releases and discharges Owner (including agents and representatives)
from any claim, loss, liability or damage that is in any way related to Owners
improvements to, or maintenance or control of, the Property prior to the
date this Covenant is recorded.
C. In granting their mutual releases, City and Owner waive the provisions of
Section 1542 of the Civil Code that reads as follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor.'—'.---
5. NOTICES
Notices required to be sent pursuant to this Covenant shall be deemed given when
personally delivered to the Party or when deposited in the U.S. Mail, first class
postage prepaid and addressed as follows:
OWNER
CITY
John and Kathryn D. Hamilton
2735 Ocean Blvd
Corona Del Mar, CA 92625
X City of Newport Beach - City Manager
3300 Newport Blvd.
Newport Beach, CA 92658
Dated:December 4, 1998
Dated: December 4, 1998
Dated: December 10, 1998
FXat\Shared\CodeEnforee\HamiltonEflis\Haml 20498.doc
, Owner [signature]
Kathryn D. Hamilton, Owner [Signature]
Dennis D. O'Neil, Mayor [Signature]
3
J -
STATE OF CALIFORNIA
s
Iss
COUNTY OF ORANGE ?
On December 4, 1998 , before me Barbara K. O'Kain, Notary , personally
appeareduamiannHamilton , personally
-. - . . _._ known -to me. (or -proved -to -me on._the basis of satisfactory -evidence) -to be -the. person(s)—
whose name(s) isz#are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in r/their authorized capacity(ies), and that by
FSR/their signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal. BARR—ARA K. O'KAIN
r Commission # 1170974 Z
z�� -w Notary PUDHC - C011}0rrfQ 7
z • —
Orange County
I � My Comm. expires .tan 25.2002
Signature �n
BARBARA K. O'KAIN
(This area for official notarial seal)
Title of Document RESTRICTIVE COVENANT ANDACREEMP.NT TO MAINTAIN PROPERTY
Date of Document December 4, 1998 No. of Pages 4 including this nage
Other Signatures not acknowledged Dennis D. O'Neil
F:lcatlshared%CodeEnforceWamiltonEllis\Ag%Ham1103.doc
4
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RECORDING REQUESTED BY Recorded in the county of orange, California
,; AND WHEN RECORDED RETURN TO: VIII IIIIII I I IIIIIIII III III IIIIII II IIIIII III /Recorder
No Fee
City of Newport Beach 19990570603 4 ; 21 p11 08/04/99
Planning Department 006 25017338 25 23
3304 Newport Blvd. 0.00A0.00 0.00 00 0,00 15.00 0.00 0.00 0.00
P.O. Box 1768
Newport Beach, California 92658-8915
EXEMPT RECORDING REQUEST PER
GOVERNMENT CODE 6103
RESTRICTIVE COVENANT AND AGREEMENT TO MAINTAIN PROPERTY
This Restrictive Covenant and Agreement to Maintain Property (Covenant) is
made in favor of the City of Newport Beach by Wade G. Ellis (Owner) is made with
reference to the following:
1_1
RECENED BY
INNING
`DEPARTMEN-T r-_ T
O iCCr-LrY � E ' 1
iP,;n i (= - i
AUG 11 1999 PM
19�IOla1il�i�2i3,�,6
Owner is -the owner in fee of the real- property 'commonly known as -,2741 -
Ocean Boulevard (Parcel). The Parcel is depicted in Exhibit "A" and
legally described in Exhibit "B".
City possesses an easement for street and highway purposes over the
Property, adjacent to the Parcel and westerly of public improvements
associated with Ocean Blvd.
The Property consists of steep slopes that are unsuitable for any public
improvement and are not necessary for any present -or prospective public
purpose.
D. Owner has improved the Property in conjunction with their use of the Parcel
as a single-family residence. The improvements were authorized by the
City and have been in place for more than twenty-five (25) years.
E. City desires to abandon the Property while preserving public views from the
adjacent sidewalk by controlling the height and nature of improvements
within the Property.
F. Owner acknowledges that City would not abandon the Property but for
Owner's agreement to execute and record this Covenant.
NOW, THEREFORE, the Parties agree as follows:
1. ABANDONMENT
City will adopt a Resolution of Abandonment for the Property (Resolution). The
Resolution shall reference this Covenant and shall reserve to the City all
appropriate public facilities easements. The Resolution and this Covenant shall
concurrently be filed with the County Recorder.
2. RESTRICTIONS
Owner agrees to the following restrictions on the use of the Property;
A. The Property shall be used only in conjunction with the permitted uses on
the Parcel and shall be considered as a single building site for all purposes.
B. Structures on the Property shall strictly comply with all provisions of the
Newport Beach Municipal Code (NBMC), including, without limitation, Title
20 of the NBMC (Zoning Code) restrictions on the height and location of
structures. Owner acknowledges that, as of the date of this covenant, the
Zoning Code establishes a twenty-four foot (24') limit on the height of
structures and prohibits any structure that exceeds the height of the "top of
curb" on Ocean Blvd. Owner also acknowledges that, as of the date of this
Covenant, the current front yard setback is ten feet (10') and the current
side yard setback is four feet (4').
C. Landscaping and vegetation on the Property shall not exceed the permitted
height of structures. However, the two existing (as of the date of this
Covenant) pine trees shall be permitted provided they are properly trimmed
and maintained to minimize view impacts and existing vegetation shall be
permitted to a height not to exceed 36 inches (36") above sidewalk. The
hedge must be trimmed to a height of forty-eight inches (48") or less when
the maximum allowed height is reached.
D. Lighting on the property shall be confined to low-level lighting designed to
illuminate walkways and access points. Lighting that creates glare or
impacts views shall not be installed.
3. MAINTENANCE
Owner agrees to maintain all landscaping and vegetation on the Property and the
Parcel at or below the height specified in this Covenant. City shall have the right to
enter onto the Property or Parcel and bring the landscaping or vegetation into
conformance with this Covenant in the event Owner fails to do so within ten (10)
days after written notice of non-compliance is served on Owner. Owner shall pay
City all costs associated with enforcement of the height restrictions on vegetation
or structures including a thirty percent (30%) administrative fee.
4. MUTUAL RELEASE
A. Owner agrees to release and discharge the City (including officers and
employees) from any claim, loss or liability or damage that now exists or
may exist at any time in the future, that is in any way related to City
ownership, control or maintenance of the Property. Owner also
acknowledges that all control over, or maintenance of, the Property has
been the responsibility of Owner, or Owner's predecessors, for at least
twenty (20) years prior to the date of this Covenant. Owner has consulted
with legal counsel and as a result of that consultation fully understands the
nature and extent of this release.
B. City releases and discharges Owner (including agents and representatives)
from any claim, loss, liability or damage that is in any way related to Owners
improvements to, or maintenance or control of, the Property prior to the
date this Covenant is recorded.
C. In granting their mutual releases, City and Owner waive the provisions of
Section 1542 of the Civil Code that reads as follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with the
debtor."
5. NOTICES --
Notices required to be sent pursuant to this Covenant shall be deemed given when
personally delivered to the Party or when deposited in the U.S. Mail, first class
postage prepaid and addressed as follows:
OWNER
CITY
Wade G. Ellis
2741 Ocean Blvd
Corona Del Mar, CA 92625
City of Newport Beach - City Manager
3300 Newport Blvd.
Newport Beach, CA 92658
Dated: y— 3W — fr
Dated:
F:\Cat\Shared\CodeEnforce\HarriltonEi is\Ellis110ldoc
X
Wade G.
3
EXHIBIT "A"
The Property
That certain portion of street right of way within Ocean Boulevard in the City of Newport Beach,
County of Orange, State of California lying easterly of and adjoining Block 033 of the Corona
Del Mar Tract as shown on map thereof filed in Book 3, Pages 41 and 42 of Miscellaneous
Maps in the office of the County Recorder of said County. Said certain portion being bound on
the west by the easterly boundary of said Block 033, bound on the east by a line parallel and
55.00 feet westerly, measured at right angles, from the easterly line of said Ocean Boulevard
and its northerly and southerly =-prolongation, -bound-- on- the north. by the- southeasterly
prolongation of the northeasterly line of Parcel A as shown on a map of City of Newport Beach
Resubdivision No. 82 recorded August 3,1959 as Document No. 124759 and filed in Book 4825,
Pages 125 through 127 inclusive of Official Records in the office of said County Recorder and
bound on the south by the southeasterly prolongation of the southwesterly line of Shell Street
(formerly A Street) as shown on said map of Corona Del Mar Tract.
Parcel
Parcel B as shown on a map of City of Newport Beach Resubdivision No. 82 recorded August
3,1959 as Document No. 124759 and filed in Book 4825, Pages 125 through 127 inclusive of
Official Records in the office of said County Recorder.
F:lcatlSharedldalAg\El lis\Parcel B2741.doc
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STATE OF CALIFORNIA }
}ss
COUNTY OF ORANGE }
On , before me wol V �i�� , personally
appeared
F I h< -
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the personoo
whose name is/af&-subscribed to the within instrument and acknowledged to me that
he/&haA4ey_exe_cuted_the- _sa me.- i n -h i si.h 9 FAheir_...authorized. capacity-oes},_and-that_.by _ _
his/ an4heir signature(} on the instrument the person(e)-or the entity upon behalf of
which the person4o or the entity upon behalf of which the person(e} acted, executed
the instrument.
WITNESS my hand and official seal.
LEILANI V. WIS
I 1i Commission # 11717960
Signature V . I pNa ary Public - California
ori
Orange County
Noy Comm. Expires Jan 25, 2002
(This area for official notarial seal)
Title of Document
Date of Document No
Other Signatures not acknowledged
F_lcatlshared\Code Enforce\Hami Iton EIIis1Ag\Ellis 1103.doc
of Pages
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