HomeMy WebLinkAbout12/18/1939 - Adjourned Regular Meeting'278
Newport Beach, December 18, 1939.
The City Council of the City of Newport Beach met in arjourned
regular session in the City Council Chambers at the City Hall, in the
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City of Newport Beach at 7:30 o'clock P. M. on above date with Mayor
Roll call
Williamson presiding.
The roll was called, the following Councilmen answering present:
Gordon, Claire, Whitson, Brown, Williamson. Absent: Councilmen None.
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REPORTS OF SPECIAL COMMITTEES
NatI.Youth
Councilman Brown reported on the matter of the National Youth
Assn.
Association for the cooperation of the City of Newport Beach in carrying out
their program of placing young people of the community in employment in the
City Departments as vocational training, and advised that a further report
would be forthcoming after hearing from the Orange County branch of the
organization.
REPORTS OF STANDING COMMITTEES None.
COMMUNICATIONS
Holly Sugar Corp.
The request of the Holly Sugar Corporation for approval of a certain
purchase of sugar
contract with Harley M. Oka for the purchase of sugar beets raised on City
beets.
owned land, was pre•sented,•and on motion of Councilman Claire, seconded by
Councilman Gordon and carried, the City Clerk was instructed to advise the
Sugar Corporation that the party in question has no lease with the City for
Building Trades
the land.
Scale of wages
The communication of the Building and Construction Trades Council
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of Orange County in connection with the scale of wages to be paid for the
construction of pier projects, was presented and read, and after some dis-
cussion it was moved by Councilman Claire, seconded by Councilman Gordon and
carried, that the matter be referred to the Committee of the Whole and the
City Engineer with power to act.
L.H.Wallace
The offer of Lew H. Wallace to sell to the City certain property
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offer to sell
situated in Block 231 of the Lancaster Addition, was presented and read, and
property.
on motion of Councilman Claire, seconded by Councilman Brown and carried, the
letter was ordered filed.
UNFINISHED BUSINESS
Ord. 489
City Attorney Thompson presented and read in full the
Pier bonds
following Ordinance No. 489, being AN ORDINANCE OF THE CITY OF NEWPORT BEACH,
CALIFORNIA, PROVIDING FOR THE ISSUANCE OF BONDS OF SAID CITY IN THE AMOUNT
OF $130,000.00, FOR THE ACQUISITION A
D,�ONSTRUCTION OF MUNICIPAL IMPROVEMENTS,
AND FOR THE REDEMPTION OF SAID BONDS up for final passage. On motion of
Councilman Claire, seconded by Councilman Gordon, the ordinance was passed by
the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
ABSENT: Councilmen None.
NEW BUSINESS
Dolphins
It was moved by Councilman Claire, seconded by Councilman Brown and
carried, that the City Engineer be authorized to install two more dolphins
west of those used by the schooner 'Lottie Carson'.
Xmas tree for
It was moved by Councilman Brown, seconded by Councilman Claire and
Balboa Island
carried, that $15.00 be appropriated to the Balboa Island Business Mena Associa-
tion for Christmas tree decorations.
Minute Res.
Councilman Claire moved the- &doption of a resolution, being a resolu-
Quitclaim deed
tion authorizing the Mayor and City Clerk to execute on behalf of the City of
to Ella S. Alden
Newport Beach a Quitclaim Deed in favor of Ella S. Alden and covering Lot 20,
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Block 19, First Addition to Newport Beach, as shown on Map recorded in Book
3, page 27 of Miscellaneous Maps, records of Orange County, California. The
motion was duly seconded by Councilman Whitson and the resolution adopted by the
following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
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ABSENT: Councilmen None.
I, Frank L. Rinehart, City Clerk of the City of Newport Beach, hereby
certify the above and foregoing Resolution was passed and adopted by the City
Council of the City of Newport Beach at n adjourned egular meeting thereof
held on the 18th day of December, 1939
City Clerk of the City of Newport Beach
Res. 1694
City Attorney Thompson presented and read in full a resolution,
sewer easements
being a resolution in connection with certain easements for sewer lines
from Irvine Co,
from The Irvine Company and the payment of a certain sum by the City of
Newport Beach for said easements; also authorizing the Mayor and City Clerk
to execute on behalf of the City of Newport Beach the agreement covering the
matter. The agreement and resolution was considered by the Council, the
Resolution being designated Resolution No. 1694, the adoption of same being
moved by Councilman Claire, duly seconded by Councilman Gordon, it was
passed by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
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ABSENT: Councilmen None.
Rescinding
Councilman Gordon suggested that Resolution No. 1694 should be
Res. 1694
amended in part and moved that the passage of the resolution be rescinded,
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the motion being duly seconded by Councilman Claire and the motion was
carried by the following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
ABSENT: Councilmen None.
PARCEL 4
A strip of land described as follows:
Within the boundaries of Harbor Island Road extending southerly from Bayside
Drive to the decree line as described in Case No. 24026 of the Superior Court of the
State of California, in and for the County of Orange, as said Harbor Island Road is
described in Parcel #4 in deed of right of way from the Irvine Company to the County
of Orange, recorded June 11th, 1936, in Book 5301 page 217, Official Records of
Orange County, California.
279
Res. 1695
Sewer easement
from Irvine
Company, and
payment then-
for.
PARCEL 5
A strip of land described as follows:
Within the boundaries of the California State Highway ORA -60 -B, in Orange
County,. California, extending from the center line of Bayside Drive, as said Bayside
Drive is described in Parcel 3 hereof, westerly to the southwesterly prolongation of
the northwesterly line of Lot 171, Block 54, Irvine Subdivision, as shown upon a map
,recorded in Book 1, page 56 of Miscellaneous Maps, Records of Orange County, California.
And, WHEREAS, said Deed of Easement provides among other things as follows:
"It is understood and agreed that the Irvine Company, the.party of the first
part herein, is desirous of connecting with the sewer line proposed to be constructed
in, over and along the easements herein granted, and that negotiations are now and
have been for sometime pending between the parties hereto, in relation to said matter;
that the details of said agreement have not been worked out and therefore no formal
agreement now exists between the parties hereto. However, it is distinctly understood
and agreed that when and if a formal agreement shall be entered into between the parties
hereto, within two years from date hereof, in relation to the party of the first part
• making connections to the sewer line of the party of the second part, that this easement
shall be and is hereby granted to the party of the second part without compensation, and
further, it is distinctly understood and agreed that if the parties hereto shall fail to
come to a formal written agreement in relation to the matter herein mentioned, within
a period of two years from date hereof, then and in such an event the party of the
second part shall pay to the party of the first part, the just and reasonable value of
the easements herein granted, as of the date of this agreement. Said reasonable
compendation and value to be ascertained and fixed as follows: The party of the first
part shall appoint an appraiser, the party of the second part shall appoint an appraiser,
and the two appraisers so appointed shall appoint a third appraiser; that any two of
said appraisers so appointed may fix the amount of the award of said compensation to be
paid by second party to the first party under the terms hereof, and said party of the
second part shall within thirty days from and after the fixing of said award pay or
tender to said party of the first part the amount thereof, and said party of the first
part agrees to accept said award so made and tendered as full and just compensation for
the easement herein granted and from and after such payment or tender, the easement
herein granted shall be in full force and effect, and if said award shall not be paid
or tendered, then and in such an event all rights herein conveyed shall revert to the
party of the first part.
' And WHEREAS, after negotiations between the Irvine Company and the said city
of Newport Beach, the said mentioned parties were unable to agree upon any agreement
permitting the said Irvine Company to connect with the sewer line now constructed in,
over and along the easements above described; and
. WHEREAS, said negotiations have been abandoned and in accordance with the
provisions above specified, the said Irvine Company appointed an appraiser, to -wit,
Stanley E. Goode, of Santa Ana, California, and the city of Newport Beach appointed
Harry H. Williamson as its appraiser; and
WHEREAS, said appraisers above named have arriv'ed at a just appraisal of
said easements and have fixed the amount of the award of compensation to be paid to
the said Irvine company under the terms of said agreement; and
Resolution No. 1695. WHEREAS, on or about the 9th day of January, 1937,
the Irvine Company, a corporation, as party of the first part, granted to the City
of Newport Beach, a Municipal corporation of the sixth class of Orange County,
California, as'party of the second part, certain easements described as follows,
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to -wit:
All that certain real property situated in the County of Orange, State
of California, and more particularly described as follows:
PARCEL 1.
A strip of land ten (10) feet in width, lying five (5) feet on each side
of the following described center line:
Beginning at a point in the*United States Bulkhead Line between Bulkhead
Station No. 103 and Bulkhead Station No. 104, as said bulkhead line and bulkhead
stations are shown on a map entitled "Harbor Lines, Newport Bay, California ",
approved by the War Department of the United States May 2nd, 1936, a copy of said
map being on file in the office of the United States District Engineer, Los Angeles,
California, said point of beginning being North 17 030' West, 165.46 feet from said
Bulkhead station No. 104; running thence North 72 030' East, 155.2 feet, more or
less, to an intersection with the westerly line of Bayside Drive, as said Bayside
Drive is described in Parcel #3 in Deed of Right of Way from the Irvine Company to
Orange County, recorded June 11th, 1936, in Book 530, page 217 of Official Records
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of Orange County, California.
PARCEL 2
Ile
A strip of land described as follows:
Beginning at a point in the southerly line of the 100 foot right of way
of the California State Highway ORA -60 -B in Orange County, California, said point
of beginning being at right angles to Engineer's Station 45 + 41.17 in the centerline
of said Highway; running thence North 57 017' East, 34.00 feet; thence South 2 043'
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East, 17.00 feet; thence South 67 017' West 34.00 feet; thence North 2 °43' West, 17.00
feet to the point of beginning.
PARCEL 3
A strip of land described as follows:
Within the boundaries of Bayside Drive extending from the California State
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Highway ORA -60 -B in Orange County, California, southerly, easterly and southeasterly
to the northwesterly line of Avocado Avenue, said northwesterly line being the
northwesterly boundary line of the City of Newport Beach, as said Bayside Drive is
described in Parcel #2 and Parcel #3 in Deed of right of way from the Irvine Company
to the County of Orange, recorded June 11th, 1936, in Book 630 page 217, Official
Records'of Orange County, California.
PARCEL 4
A strip of land described as follows:
Within the boundaries of Harbor Island Road extending southerly from Bayside
Drive to the decree line as described in Case No. 24026 of the Superior Court of the
State of California, in and for the County of Orange, as said Harbor Island Road is
described in Parcel #4 in deed of right of way from the Irvine Company to the County
of Orange, recorded June 11th, 1936, in Book 5301 page 217, Official Records of
Orange County, California.
279
Res. 1695
Sewer easement
from Irvine
Company, and
payment then-
for.
PARCEL 5
A strip of land described as follows:
Within the boundaries of the California State Highway ORA -60 -B, in Orange
County,. California, extending from the center line of Bayside Drive, as said Bayside
Drive is described in Parcel 3 hereof, westerly to the southwesterly prolongation of
the northwesterly line of Lot 171, Block 54, Irvine Subdivision, as shown upon a map
,recorded in Book 1, page 56 of Miscellaneous Maps, Records of Orange County, California.
And, WHEREAS, said Deed of Easement provides among other things as follows:
"It is understood and agreed that the Irvine Company, the.party of the first
part herein, is desirous of connecting with the sewer line proposed to be constructed
in, over and along the easements herein granted, and that negotiations are now and
have been for sometime pending between the parties hereto, in relation to said matter;
that the details of said agreement have not been worked out and therefore no formal
agreement now exists between the parties hereto. However, it is distinctly understood
and agreed that when and if a formal agreement shall be entered into between the parties
hereto, within two years from date hereof, in relation to the party of the first part
• making connections to the sewer line of the party of the second part, that this easement
shall be and is hereby granted to the party of the second part without compensation, and
further, it is distinctly understood and agreed that if the parties hereto shall fail to
come to a formal written agreement in relation to the matter herein mentioned, within
a period of two years from date hereof, then and in such an event the party of the
second part shall pay to the party of the first part, the just and reasonable value of
the easements herein granted, as of the date of this agreement. Said reasonable
compendation and value to be ascertained and fixed as follows: The party of the first
part shall appoint an appraiser, the party of the second part shall appoint an appraiser,
and the two appraisers so appointed shall appoint a third appraiser; that any two of
said appraisers so appointed may fix the amount of the award of said compensation to be
paid by second party to the first party under the terms hereof, and said party of the
second part shall within thirty days from and after the fixing of said award pay or
tender to said party of the first part the amount thereof, and said party of the first
part agrees to accept said award so made and tendered as full and just compensation for
the easement herein granted and from and after such payment or tender, the easement
herein granted shall be in full force and effect, and if said award shall not be paid
or tendered, then and in such an event all rights herein conveyed shall revert to the
party of the first part.
' And WHEREAS, after negotiations between the Irvine Company and the said city
of Newport Beach, the said mentioned parties were unable to agree upon any agreement
permitting the said Irvine Company to connect with the sewer line now constructed in,
over and along the easements above described; and
. WHEREAS, said negotiations have been abandoned and in accordance with the
provisions above specified, the said Irvine Company appointed an appraiser, to -wit,
Stanley E. Goode, of Santa Ana, California, and the city of Newport Beach appointed
Harry H. Williamson as its appraiser; and
WHEREAS, said appraisers above named have arriv'ed at a just appraisal of
said easements and have fixed the amount of the award of compensation to be paid to
the said Irvine company under the terms of said agreement; and
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WHEREAS, said award is satisfactory to the said Irvine Company and also
satisfactory to the City Council of the City of Newport Beach; and
WHEREAS, the amount of the award of said appraisers so appointed, was
and is the sum of $4500.00.
NOW, THEREFORE, BE IT RESOLVED: That the award of $4500.00 for the
easements herein described, made by the appraisers for the City of Newport Beach
and the Irvine Company, be and the same is hereby accepted.
BE IT FURTHER RESOLVED: That the amount of said award, to -wit, the
BUM of $4500.00, be paid to the said Irvine Company from General funds, and
BE IT FURTHER RESOLVED that upon the payment of said award of $4500.00
to the Irvine Company, that said easement heretofore mentioned, be recorded by
the City Clerk of the City of Newport Beach.
BE IT FURTHER RESOLVED that in accordance with said agreement herein
mentioned that said award be paid and tendered within thirty days from'and after
the date of said award,. which award bears date as of the 14th day of December, 1939,
and is on file in the office of the City Clerk of the city of Newport Beach,
reference being made thereto for further particulars and the same is by such
reference made a part of this resolution.
I hereby certify that the above and foregoing Resolution was duly and
regularly passed and adopted by the City Council of the City of Newport Beach at
an adjourned regular meeting thereof held on the 18th day of December, 1939 by the
following vote, to -wit:
AYES: Councilmen Gordon, Claire, Whitson, Brown, Williamson.
NOES: Councilmen None.
ABSENT; Councilmen None.
Harry H. Williamson
Mayor of the city of Newport Beach,
ATTEST: California
Frank L. Rinehart
City Clerk of the city of
Newport Beach, California.
The motion for adoption of the above Resolution No. 1695 was made
by Councilman Claire, duly seconded by Councilman Gordon and the resolution
was adopted by the roll call vote, as shown above.
Thanks to
It
was moved by Councilman Claire, seconded
by Councilman Gordon and
Mayor.
carried,
that
thanks be extended to the Mayor for his
efforts in connection
with the
Irvine
dppraisement pertaining'to ceitainr :eas:emeniszfor-csewcinitoes.
Demand in favor
It
was moved by Councilman Claire,'seconded
by'Councilman Gordon and
of Irvine Co.
carried,
that
a demand in the sum of $4,500.00 in favor of the Irvine Company
in settlement
of certain sewer easements, be approved
and a warrant be drawn
for same.
ADJ0"RNWEVT
On motion of Councilman Claire, seconded by Councilman Whitson and
carried, an adjournment was taken to 7:30 o'clock p.m. on Wednesday the 27th
day of December, 1939• In •
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