HomeMy WebLinkAbout2794 - NB vs Ralph P Maskeyw
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I RESOLUTION NO-
12 A...
3 WHEREAS, there is now pending in the Superior Court of the
4 State of California, in and for the County of Orange, Action No.
5 41 ti �� being entitled, "City of Newport Beach, eto., vs.
6 Ralph P. Maskey, at ux.," involving that certain real property
7 situated in the City of Newport Beach, Count" of Orange, State
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of California, and more particularly described as follows,
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to -wit:
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Parcel 1. Lots 1, 2 and 3 in Block 637 of "Canal
11 Section, Newport Beach ", as shown on a
Map recorded in Book 4, page 98 of Miscellaneous
12 Maps, Records of Orange County, California.
13 Parcel 2. Beginning at the Northeasterly corner of
Lot 1, in Block 637 of "Canal Section,
14 Newport Beach ", as shown on a Map recorded in Book
4, page 98 of Miscellaneous Maps, Records of Orange
15 County, California; thence Northeasterly along the
Northeasterly extension of the Southeasterly line of
16 said Lot 1, to the line of Ordinary high tide of the
Pacific Ocean in Newport Bay , designated "South Line",
17 as described in Decree of the Superior Court of the
State of California, in and for the County of Orange,
18 a certified copy of wjlich was recorded September 19th,
1928, in Book 201, page 253 of Official Records;
19 thence Westerly along said high tide line to an inter-
section with the Northerly extension of the Westerly
20 line of Lot 3 in said Block 637; thence southerly along
said extended line to the Northwesterly corner of said
21 Lot 3; thence Easterly along the Northerly lines of
Lots 3, 2 and 1 in said Block 637 to the point of
22 beginning.
23 And WHEREAS, the defendants in said action are the record
24 owners of said real property and also own the bonds now a lien
25 on said real property and issued under and pursuant to the
26 Improvement Act of 1911, under Resolution No. 558 of the City
27 d Newport Beach; and
28 WHEREAS, The City of Newport Beach has been offered in
29 exchange for all of its right, title and interest in and to
30 the aforesaid described property, other property located in
31 the City of Newport Beach, and more particularly described as
32 follows, to -wit:
LAW OFFICER OF II l
ROLAND THOMPSON IIII
210 $PU R6EON BLDO.
5M NTA ANA. CALIF.
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LAW OFFICES OF II
ROLAN. T......N
21O SPUNGEON BLDG.
SANTA ANA. GALI F.
All that certain real property situated in the City of
Newport Beach, County of Orange, State of California, and more
particularly described as follows:
T Southeasterly 30 feet of Lots 21, 22, 23 and
24 in Block 134, "Lake Tract", as shown on a Map
recorded in Book 4, page 13 of Miscellaneous Maps,
Records of Orange County, California.
And WHEREAS, the property which the city has been offered
as aforesaid in exchange for all its right, title and interest
in and to the first above described property is free and clear
of all encumbrances of every nature, description or kind, except
taxes for the fiscal year 1943 -1944, not yet payable; and
WHEREAS, the interest of the City of Newport Beach in the
first above described real property is, in the opinion of the
City Council of the City of Newport Beach, of equal value to the
present market value of the second above described real property;
and
WHEREAS, the City Council of the City of Newport Beach
deems that said consideration, to -wit, the exchange herein
mentioned, is just, fair and adequate for the interest which said
city may have in the first above described property, and that it
will be for the best interests and benefit of said city that said
city dispose of its right, title and interest in said first above
described real property, in exchange for the second described real
property, which the City has more use for at the present time
and which is more useful to the City of Newport Beach.
NOW, THEREFORE, BE IT RESOLVED: That a certain stipulati
entered into by and between the plaintiff in said action and the
defendants therein, wherein and whereby said defendants agree
to transfer, clear and free of all encumbrances of every nature,
description or kind, the second above described real property
for the right, title and interest of the city in the first above
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described real property, and wherein the City of Newport Beach
agrees that title be quieted in said defendants in accordance
with the prayer of their cross- complaint, subject, however,
to the matters in said stipulation mentioned, be and the same
is hereby approved, and the Mayor and City Clerk of the City
of Newport Beach are authorized, directed and instructed to
approve in writing the stipulation this day presented to the
City Council of the city of Newport Beach, on behalf of said
City of Newport Beach.
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 a regular meeting thereof held on
the 7th day of June, 1943, by the following vote, to -wit:
P1
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AYES, COUNCILMEN: UAe
1 & �es ' AUK` ►.
NOES, COUNCILMEN: -rya_
ABSENT, COUNCILMEN:
LAW OFFICES OF II 2
ROLAND THOMPSON
210 SFURGEON BLDG.
SANTA ANA. CALIF.
Mayor Vf1the city of
Newpo t Beach
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURSSON SLOG.
SANTA ANA. CALIF.
ROLAND THOMPSON
210 Spurgeon Building
Santa Ana, California
Attorney for Plaintiff
and Cross- defendant
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF OTANGE
CITY OF NEWPORT BEACH, sto.,
Plaintiff,
ve.
RALPH P. MASKEY, et,ux.,
Defendants.
RALPH P. MASKEY, et ux.,
arose - plaintiffs,
V80
CITY OF NEWPORT BEACH, eto.,
Cross - defendant.
N0.
It is hereby stipulated by and between the respective •`
parties and their respective attorneys as follows:
I.
That the defendants and oross- plaintiffs, Ralph P. Maskey
and Irene Maskey, his wife, forthwith transfer to the City of
Newport Beach that certain real property belonging to them and
more particularly described as all that certain real property
situated in the city of Newport Beach, County of Orfange, State of
California, and particularly described as follows, to -wit:
1,
1 The Southeasterly 30 feet of Lots 21, 224 23 and
34 in Block 134, "Lake Traot ", as shown on a Map'
2 recorded in Book 4,page 13 of Miscellaneous Maps,
Records of Orange County, California,
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clear and free of all encumbrances, except taxes for the fiscal
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year 1943 -1944, not yet payable, and subject to conditions,
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restrictions, reservations, easements, rights and rights of way
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of record.
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II.
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That the defendants and oross- plaintiffs take judgment
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on their oross- complaint against the plaintiff and orose- defendant,
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City of Newport Beach, quieting their title to that certain real
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property described in plaintiff's complaint and oross - plaintiffs'
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orose - oomplaint, and more particularly described as follows, to-wit
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All that certain real property situated in the City of
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Newport Beach, County of Orange, State of California, and more
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16 particularly described as follows, to -wit:
Parcel 1
17
Lots 1, 2, and 3 in Block 637 of "Canal Section,
18 Newport Beach ", as shown on a Map recorded in
Book 4, page 98 of Misoe.11aneous Pups, Records
19 of Orange �7ounty, California.
20 Parcel 2
21 Beginning at the Northeasterly corner of Lot 1,
in Block 637 of "Canal Section, Newport Beach ",
22 as shown on a Map reoorded.in Book 4, page 98
of Miscellaneous Maps, Records of Orange County,
23 California; thence Northeasterly along the North -
easterly extension of the Southeasterly line of said
24
Lot 1, to the line of ordinary high tide of the
Pacific Ocean in Newport Bay, designated "South
25 Line ", as described in Decree of the Superior Court
26 of the State of California, in and for the County of
Orange, a certified copy of which was recorded
27 September 19th, 1928, in Book 201, page 253 of
Official Records; thenoe Westerly along said high
28 tide line to an intersection with the Northerly
extension of the westerly line of Lot 3 in said Block
29 637; thence southerly along said extended line to the
Northwesterly corner of said Lot 3• thence Easterly
30 along the Northerly lines of Lots S, 3 and 1 in said
- Block 637 to the point of beginning.
31 which decree quieting title shall show that the defendants and
32
LAW OFFICE! OF
^THOMPSON
�.r. SPURGEON BLOC.
SANTA ANA. CALIF.
orose - plaintiffs, Ralph P. Maskey and Irene Maskey, his wife, are
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the owners in fee of said described property and that the
plaintiff and cross - defendant:, City of Newport Beach, has no
right, title or, interest therein, except taxes for the fiscal.
year,1943 -1944, and that said property is subject to all bonds due
or delinquent or which may become due or delinquent, issued under
the Improvement Act of 1911, pursuant to Resolution of Intention
No. 558 of the city of Newport Beach.
Dated: June , 1943.
CITY OF NEWPORT BEAM,
Attorney for plaintiff
and oross- defendant
Defendants Oross-
complainants
Attorney for defendants
and cross - complainants
3.
LAW O "Zo OP
ROLAHO THOMPeOH
?!O BOU RO6ON BLOO. � /
Sw NTe ANe, Qe LI I.
' 1
mayor
City Clerk