HomeMy WebLinkAbout09 - Re-Recordation of Lot Line Adjustment 82-2AMarch 12, 2002
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: RE- RECORDATION OF LOT LINE ADJUSTMENT NO. 82 -2A
RECOMMENDATIONS:
1. Authorize the Mayor to execute Lot Line Adjustment No. 82 -2A.
2. Authorize the Mayor to execute a quitclaim deed to Patricia Penewell-
Thomas.
DISCUSSION:
In 1982 the Public Works Department planned to install a parking lot on a City -
owned parcel located at the corner of Newport Boulevard and 301h Street. For
optimum configuration and access, there was a need to adjust one of the property
lines.
The Public Works Department approached the adjacent property owner and
explained the procedure for adjusting the property line. With the owner's consent,
the Public Works Department prepared, processed, and recorded the lot line
adjustment. However, an error was made on the lot line adjustment document.
The property owner actually owns two lots (Lot 11 and Lot 10) and in preparing
the lot line adjustment document, the two lots were combined into one parcel
(Parcel 2 of Lot Line Adjustment No. 82 -2A), which was not the property owner's
intent. The owner requested the Public Works Department to have the document
prepared and did not realize what had occurred.
The owner is selling the property as two lots and a preliminary title report
(prepared by Stewart Title Company) disclosed the lot line adjustment document
as an encumbrance on the property. The encumbrance "clouds" the title and
questions the validity of the recorded document. The Public Works Director
issued a directive to remedy the situation and somehow separate Lot 10 from
Parcel 2.
SUBJECT: Re- Recordation of Lot Line 82 -2A
March 12, 2002
Page 2
A solution was achieved after a meeting with Patricia Penewell- Thomas (property
owner), Lousie Stuart (the owner's niece and real estate broker), Harvey Dubose
(title office with Stewart Title Company), and Paul Medina of the Public Works
Department. The City will re- record the original Lot line Adjustment No. 82 -2A
with an explanation as to what the error was and will include the revised legal
descriptions and drawings. This new document will require signatures of the
Mayor, the property owner, and the City Engineer. (See attached).
In order to complete the exchange of those portions of property, recordable
conveyances must be executed. The City must execute a quitclaim deed in favor
of Patricia Penewell- Thomas and Patricia Penewell- Thomas must execute a
quitclaim deed in favor of the City of Newport Beach, which must be accepted by
the City. The quitclaim deeds will require signatures of the respective parties.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
St6'phen G. Badum, Director
Paul Medina
Geographic Information System Analyst
Attachments: Lot Line Adjustment No. 82 -2A
Quitclaim Deeds
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Beach
P.O.Box1768
Newport Beach, Ca. 92659 -1768
Attn: Public Works Dept.
NEWPORT BEACH
LOT LINE ADJUSTMENT NO. 82 -2A
This instrument is being re- recorded due to incorrect information.
The legal descriptions of Parcel 1 and Parcel 2 of Lot Line Adjustment No. 82 -2A recorded September 7,
1982 as Document No. 82- 315868 in the office of the Recorder of Orange County, California, are hereby
corrected as follows:
PARCEL 1: That certain land in the City of Newport beach, County of Orange, State of California,
described as follows:
That land described in a Deed dated July 11, 1974, from Southern Pacific Company to Southern Pacific
Land Company, recorded September 6, 1974 in Book 11237, Page 1894 of Official Records in the office
of the County Recorder of said County, bounded Northwesterly by the Southeasterly line of 30th Street,
(50.00 feet wide), conveyed by Grant Deed to the City of Newport Beach recorded February 28, 1979,
as Instrument No. 32422 in Book 13049, Page 120 of Official Records of said Orange County, and Lot
11 of Block 129 of the Lake Tract as shown on a map recorded in Book 4, Page 13 of Miscellaneous
Maps, records of said Orange County.
Excepting therefrom that land lying Southwesterly of the following described line:
Beginning at a point on the Southeasterly line of 30th Street (50.00 feet wide) being
North 52 244'45" East 20.00 feet from the Northwesterly corner of said Lot 11; thence South 371108'25"
East 26.00 feet; thence South 511156'25" East 54.80 feet; thence South 37 208'25" East 16.00 feet to a
point on the Northwesterly line of an Alley (10.00 feet wide) as shown on said map.
PARCEL 2: That certain land in the City of Newport beach, County of Orange, State of California,
described as follows:
That land described in a Deed dated July 11, 1974, from Southern Pacific Company to Southern Pacific
Land Company, recorded September 6, 1974 in Book 11237, Page 1894 of Official Records in the office
of the County Recorder of said County, bounded Northwesterly by the Southeasterly line of 30th Street,
(50.00 feet wide), conveyed by Grant Deed to the City of Newport Beach recorded February 28, 1979,
as Instrument No. 32422 in Book 13049, Page 120 of Official Records of said Orange County, and Lot
11 of Block 129 of the Lake Tract as shown on a map recorded in Book 4, Page 13 of Miscellaneous
Maps, records of said Orange County.
Excepting therefrom that land lying Northeasterly of the following described line:
Beginning at a point on the Southeasterly line of 30th Street (50.00 feet wide) being
North 52944'45" East 20.00 feet from the Northwesterly corner of said Lot 11; thence South 371108'25"
East 26.00 feet; thence South 51956'25" East 54.80 feet; thence South 37908'25" East 16.00 feet to a
point on the Northwesterly line of an Alley (10.00 feet wide) as shown on said map.
This correction hereby removes the incorrect reference to Lot 10 of Block 129 of said Lake Tract in said
Lot Line Adjustment No. 82 -2A;
re- establishes the lot line between said Lot 10 and Lot 11 of Block 129 of said Lake Tract;
and re- establishes Lot 10 of Block 129 of said Lake Tract.
Exhibit "AA" attached hereto and a part hereof for illustrative purposes.
I /we hereby consent to the recordation of this document.
By
Patricia J. Penewell — Record Owner of Lot 10,
Block 129, Lake Tract and Parcel 2 of Lot Line
Adjustment No. 82 -2A
Tod W. Ridgeway — Mayor of the City of Newport Beach
Record owner of Parcel 1 of Lot Line Adjustment No. 82 -2A
Approved for recording — City of Newport beach
William A. Patapoff — City Engineer R.C.E. 24967
Expiration Date 12/31/2005
City of Newport Beach
EXHIBIT "AA"
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LOT LINE
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Parcel 1
25' i 25 ADJUSTMENT
o b
N 37008'25" W
N i
C) O.
CO
Z t4 5A. 56 o
2 M
i ' 2A 2
Pa
R rcel Lot f
Original northeasterly 9500'
line of Lot 11 o b
Lot 10 i
N N
i 95.00'
x� BLO ; 129
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Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
DOCUMENTARY TRANSFER TAX
....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Signature of Declaram or Agem determining tax - Firm Name
QUITCLAIM DEED
FOR NO CONSIDERATION,
THE CITY OF NEWPORT BEACH, a municipal corporation,
does hereby REMISE, RELEASE AND QUITCLAIM to
PATRICIA PENEWELL- THOMAS,
the real property in the City of Newport Beach, Courtly of Orange, State of California, described as
That portion of that certain land described in deed from Southern Pacific Land Company, recorded September 6, 1974 and filed in Book
11237, Page 1894 of Official Records in the office the County Recorder of said County, lying within Parcel 2 of that certain Lot Line
Adjustment No. 82 -2A re- recorded , 2002 as Instrument No.
of Official Records in the office of the County Recorder of said County.
The above- described land is delineated on Exhibit "A" attached for illustrative purposes and made a part hereof by this reference.
Dated
}
STATE OF CALIFORNIA }ss
COUNTY OF }
On before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me
that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
MAIL TAX STATEMENTS TO:
Tod W. Ridgeway - Mayor of the City of Newport Beach
(This area for official notarial scan
1145(1/94)
EXHIBIT "A"
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LOT LINE
Parcel 1
li
25- 25' ADJUSTMENT
N 37 °08'25" W
♦� i w 26.00' i i
U1
p i NO. _
M l
vy
st
I z 'N 51 °5625 W
� 82 -2A
i o z
i N Parcel Lot 9!
Original northeasterly 9500,
line of Lot 11 c b
Lot 10 i
N N
r, 95.00'
BLO , 129
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Order No.
Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
DOCUMENTARY TRANSFER TAX
.....Computed on the consideration a value of property conveyed: OR
.....Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Signature of Declarant or Agent determining tax - Firm Name
QUITCLAIM DEED
FOR NO CONSIDERATION,
PATRICIA PENEWELL- THOMAS
do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to
THE CITY OF NEWPORT BEACH[, a municipal corporation,
the real property in the City of Newport Beach, County of Orange, State of California, described as
That portion of Lot 1 l in Block 129 of the Lake Tract per map thereof filed in Book 4, Page 13 of Miscellaneous Maps, in the office of
the County Recorder of said County, lying within Parcel I of that certain Lot Line Adjustment No. 82 -2A re- recorded
2002 as Instrument No.
of Official Records in the
office of the County Recorder of said County.
The above- described land is delineated on Exhibit "A" attached for illustrative purposes and made a part hereof by this reference.
Dated
}
STATE OF CALIFORNIA }ss
COUNTY OF }
On before me,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me
that he /she /they executed the same in his /her /their authorized
rapacity(ics), and that by his /her /their signature(s) on the
instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
MAIL TAX STATEMENTS TO:
(This area for official rrotarial scan
1085(1/94)
EXHIBIT "A"
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LOT LINE
j
Parcel 1
25' 25' ADJUSTMENT
—C i N 37008'25"W
p i NO.
M i o
54.80,
0
z "6+
82 -2A 2 0
j N Parcel Lot 1 i
Original northeasterly 95.00'
line of Lot 11 b 0
Lot 10 I
N N
.4 95.00'
BLO 129
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CERTIFICATE OF ACCEPTANCE
Quitclaim Deed
This is to certify that the interest in real property quitclaimed by Patricia Penewell- Thomas
to the City of Newport Beach, a municipal corporation, is hereby accepted by the City of Newport
Beach City Manager on behalf of the City Council of the City of Newport Beach, in accordance with
the approval of Lot Line Adjustment No. 82 -2A ( ) by the City Council of the
City of Newport Beach, at the Council Meeting of March 12, 2002 and the Grantee consents to the
recordation thereof by its duly authorized officer or agent.
Dated:
CITY OF NEWPORT BEACH,
a municipal corporation
Tod W. Ridgeway - Mayor