HomeMy WebLinkAboutCC Res 1646 1968-03-18
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RESOLUTION NUMBER / tRJ./6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH, CALIFORNIA, ACCEPTING A GRANT DEED
FROM LAKEWOOD RANCHO AND LOS COYOTES LAND CO.
WHEREAS, Lakewood Rancho and Los Coyotes Land Co., a Limited Partner-
ship, has offered to convey to the City of Seal Beach for street
purposes a grant deed to certain real property in the City of Seal Beach,
County of Orange, State of california, described as follows:
That portion of the west one-half of Section 31, Township 4 South,
Range 11 West, in that portion of the Rancho Los Alamitos, in the
County of Orange, State of california, as per map filed in and made
a part of the Decree of partition in Case No. 68582 of the Superior
Court of said State, in and for said County, a copy of which was
recorded March 8, 1910 in Book 177 Page 337 of Deeds in the office of
the County Recorder of said County, described as follows:
Beginning at the southwesterly terminus of that certain curve at the
southeasterly corner of Bradbury Road and montecito Road shown on map
of Tract No. 3072, recorded in Book 93 at Pages 5 and 8 inclusive of
Miscellaneous Maps in the office of said county recorder, as concave
to the southeast, having a radius of 15,000 feet, a length of 23.56
feet, and passing through a central angle of 900 00' 40" (said point
being on the east line of Montecito Road, 80 feet wide); thence along
said east line and its southerly prolongation South 00 10' 50" West
1054.54 feet to the true point of beginning for this description;
thence continuing along said east line and its southerly prolongation
South 00 10' 50" West 40.00 feet; thence South 890 49' 10" East 1199.77
feet to a line that is parallel with and distant westerly 62.00 feet,
measured at right angles, from the east line of said west one-half of
Section 31; thence along said last mentioned parallel line North
00 11' 30" East 40.00 feet; thence North 890 49' 10" West 1199.78 feet
to the true point of beginning.
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SUBJECT to easements and other matters of record.
CONTAINING 47,991 square feet.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council of the City of Seal Beach does
hereby accept said Grant Deed, dated August 30, 1967, from Lakewood
Rancho and Los Coyotes Land Co., a Limited partner!l1\ip.
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Resolution Number
Section 2. The City Clerk is instructed to record said Grant
Deed, together with a certified copy of this resolution forthwith.
PASSED, APPROVED, AND ADOPTED by the City CouncqL of the City of
Seal Beach at a meeting thereof held on the /~~day of ~~A~~
1968, by the following vote:
AYES: ~~, ~h....~ /;~u......~~, '71_~...6;... ~
NOES:
ABSENT:
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GIFT, GRANT DJ~ED OF REAL PROPERTY
(SUBJECT TO COVENANTS, CONDITIONS,
RESTRICTIONS, P~SERVATIONS AND
REVERSIONS)
THIS INDENTURE, made this 18th day of "March
, 1968,
between LAI<EWOOD RANCHO AND LOS COYOTES lAND CO., a Limited
Partnership, Grantor, and the CITY OF SEAL BEACH, a Chartered
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City and ~funicipal Corporation, Grantee:
R I TN! S ~ E T H:
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Grantor does, by these p~esents, give, grant and convey
Ullto Grantee:
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That portion of the west one-half of Section 31,
Township 4 South, Range 11 West, in that portion
of the Rancho Los Alamitos, in the County of Orange,
State of. California, as per map filed in and made a
part of the Decree of Partition in Case No. 68582 of
the Superior Court of said State, in and for Haid
County, a copy of which was recorded March 8, 1910
in Book 177, Page 337 of Deeds in the office of the
Co~nty Recorder of said County, described as follows:
Beginning at the southwesterly terminus cf that
certain curve at the southeasterly corner of
Bradbury Road and Montecito Road shown on map of
Tract No. 3072, recorded in Book 93 at Pages 5 and
8 inclusive, of Miscellaneous Maps in the office
of 'said county recorder, as concave to the southeast,
having a radiuH of 15,000 feet, a length of 23.56
feet, and passing through a central angle of 900 00'
40" (said point being on the east line of Montecito
Road, 80 feet wide); thence along said east line and
its southerly prolongation South 00 10' 50" l-lest
1054.54 feet to the true point of beginning for this
description; thence continuing along said east line
_nd its southerly prolongation South 00 10' 50" Hest
40.00 feet; thence South 890 49' 10" East 1199.77
feet to a line that is parallel with and distant
westerly 62.00 feet, measured at right angles, fr,~
the east line of said west one-half of Section 31;
thence along said last mentioned parallel line North
00 11' 30" East 40.00 feet; thence North 890 49' 10"
West 1199.78 feet to the true point of beginnine.
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[The Property]
SUBJECT to easements and other matters of record.
This gift, dedicati~~, grant and conveyance is made and
accepted upon the following covenants, conditions, r~strictions,
reservations, and reversions; each is a condition subsequent;
the breach of anyone or more thereof, continuing for a per~od
of ten (10) days after written notice thereof from Grantor, or
its successors or assigns, to Grantee, shall, at the option of
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Grantor, or its successors or ass:i,gns, cause, ipso facto, the
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full and entire title to The Property Dud the rig~t of posses-
sion thereof to revert to Grantor, or its successors or assigns;.
and Grantee, and its Successors and assigns, Shall forctlwith
surrender possession thereof to Grantor, or its successors or
assigns; and Grantee, and its successors and assigns, shall
have no further right, title, estate, interest, claim, right
of possession, or otherwise, in, to, upon, or against The
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Property:
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(1) That The Property shall, at all times, be
used solely and only as a Public Street, for the use
thereof by the public, to and from Los Alamitos
Boulevard on the east and Montecito Road on the
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west; and
(2) That Grantee shall, with all reasonable
diligence, cause Tne Property to be paved and other~
wise improved at its own expense and without reim-
bursement either from Grantor or from any property
adjacent thereto. The paving and improvement shall
be in accordance with City's Ordinances for Public
Streets and shall include the lighting rhereof by
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street lamps. The foregoing shall be done and
completed in all events withiu sixty (60) days
of the acceptance of this gift, dedication and
conveyance. Thereafter, and at all times, Grantee
shall mairitain said Public Street and li$hts in
good order and condition. All of the foregoing
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shall be in accordance with City's "most favored
Public Str"eets"; and
(3) That Grantee shall at no time install or
cause to be installed any fences, lfalls, or other
structures whatsoever on the sides or either thereof
of ThQ Property; and
(4) That Grantee shall not install or cause to
be installed at any time on the sides or either thereof
of The Property any curbs, or otherwise, so as to, in
any manner whatsoever, obstruct the free flow, ingress
and egress to and from The Property, of v~hicular and
pedestrian traffic, to and from the real properties on
the south and on the north thereof; and
(5) Grantee shall install such drainage system,
as may be reasonably necessary or reasonably required,
in The Property so as to drain off all surface water
thereon into either Los Alamitos Boulevard and/or
Montecito Road; and
(6) Grantee and The Property shall at all times
allow the surface water from the real properties on
the south and on the north thereof, including the
property of Grantor on the northwest thereof (approxi-
mately 10-1/2 acres),'to drain into The Property and
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thence through the drainage system therein, to be
installed by Grantee, into Los Alamitos Boulevard
and/or Montecito Road; aud
(7) Grantee shall, with all reasonable diligence
after the acceptance of this
conveyance, cause the proper
gift, dedication and
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officer or agency of
Grantee to execute and deliver to Granto~ a certifi-
cate (in d~plicate) certifying:' that the acceptance
by Grantee of this gift dedication, the completion of
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the improvements of The Property. and its creation by
Grantee into a Public Street shall not af~ect, and
the continued use, as existent and allowed under
City's present Zoning Ordinances, of Grantor's
property does and will comply with all of the Zoning
Ordinances of Grantee; and that the creating and
dedicating by Grantee of The Property as a Public
Street shall not, in any manner, modify or affect
the access rights thereto md therefrom of any of the
~eal properties adjacent thereto (including but not
limited to the real properties owned by Grantor), and
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this notwithstanding a subsequent rezoning, if any,
of any thereof; aud
(8) Grantee has represented and warranted to
Grantor that it will, and therefore it shall cause
The Property to be named and designated, at all times.
as Rossmoor Center Way; and
(9) Grantee has represented and warranted to
Grantor that it will not. and therefore if and in
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the event Grantee shall at any time abandon or vacate
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or cease to t::sa The ProI'erty for, or close it as a
Public Street or change itn u&e in any manner, so
that it shall not constitute and be a Public Street
for traffic to and from Loa Alamitos Boulevard and
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Montecito Road, then and in either or an~ of said
events, the full legal and equitable title to The
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Property ~a~l revert to Granto~ or its successors,
assigns and Grantees.
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(10) That at 110 time shall The Property, in the
event of its said reversion, be deemed or claimed by
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Grantee or any successor'thereto, to constitute a
"strip" ~ or otheT.'i~ise, subject to or within the pro..
visions of Section 831 and/or 112 of the Civil Code
of the State of California.
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The foregoing covenants, condition's, restrictions, reserva-
tions and reversions, shall inure to the benefit of Grantor, its
successors and assigns, and be binding upon Grantee and its
successors and assigns.
IN WITNESS WHEREOF, each of the parties has caused its name
to be affixed hereunto,-Gr&ntor by a majority of its General
partners thereunto duly authorized, Grantee by j.ts Officers
thereunto duly authorized and empowered, as of the day and year
first hereinabove written.
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'I ' CITY <}F--SEAL BEACH, LAKEHOOD RANCHO AND LOS COYOTES
a Chartered,City and LAND CO., a Limited Partnership
/'Mm1~c~?d'_.c,?:poratifn::vJ' l 'f:; ~ . () /)
lG ~/:7'r""Si...~~ By A/U .J~ -A-,,-,,___Le.--J<.
'-..Byp--....?~~~---?'"~..r/~ ~Be11 Fl.n el
.--- rl~JI'jflt'jfH1r'~llil1!f~ -- ___-".
MA'lOR/ / By __../. "
Byr_-r!:!~>,.J 7'%:",:,(,:( ....Zy.,.. ,'J:aube /'''--r-- ,;.--
fMMMMMMMMH City Clerk ~G~.~,-~, ,_~,'-:" .:";;,_.~
· fre ~ ~te son .
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,fr' City Cleric
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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On this _.!L::. day of /'k~
, 1968, before me, the
undersigned, a_Notary Public i~ and for said Co~nty and State.
personally appeared W. BEN FINKEL,
kno.m to me to ,be three (3) of th~
ZYG TAUBE and ALFRED GITELSON,
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General Partners of LAKm~OOD
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RANCHO AND LOS COYOTES LAND CO., a Limited par,tnershl.p, that
executed the within GIF!, GRANT DEED OF REAL PROPERTY (SUBJECT
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TO COVENANTS, CSlNDITIONS, RESTRICTIOaS, RESERVATIONS AND
REVE&qIONS), and acknowledged to me that such Partnership
executed the same.
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WITNESS my hand and official
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seal.
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-Notary PUbliC/in and for said
Count~ and State
PUi<,Oil:;1 J, 5,UUP
My Commbsion Expires May 4, 1970
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STATE OF C.J\LIFORNIA
COUNTY OF ORANGE
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On this 18th day of March ~, 1968, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Stanley G. Anderson ,known to me to be
Mayor
the ~ of the Council, and Jerdvs Weir , known
to me to be the Secretary. and Ci tv Clerk
, ~.g;[
Miimft1M~~ of the CITY OF SEAL BEACH, a Chartered City
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and Municipal Corporation, that executed the within GIFT, GRANT
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DEED OF REAL PROPERTi (SUBJECT TO COVENANTS, CONDITIONS,
RES'fRICTIONS. RESERVATIONS AND REVERSIONS), and acknowledged to
me that such City-Corporation executed the same pursuant to its
Resolution Ntmilier 1646
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WITNESS my hand and official seal.
r:fj;_<.(.-t~._d ~-l(C ~,4t-e'--J
Nota'.ty Pu6ITc l.n autt ror said
County and State
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~ LOLlT" L. THOMAS
My Commission [xp;,.. ~prit 1"2, ~96!l
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