HomeMy WebLinkAbout07 - Grant of Easement from Big Canyon Country Club for Big Canyon Creek Bypass PipeTO:
FROM:
CITY OF
NEWPORT BEACH
City Council Staff Report
October 11, 2016
Agenda Item No. 7
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Bob Stein, Assistant City Engineer, rstein@newportbeachca.gov
PHONE: 949-644-3322
TITLE: Grant of Easement from Big Canyon Country Club for Big Canyon
Creek Bypass Pipe
ABSTRACT:
As part of the approved Big Canyon Habitat Restoration and Water Quality
Improvement Project, it was necessary for staff to negotiate a pipeline easement from
the Big Canyon Country Club to provide for construction and maintenance of the inlet
collection bypass piping system. Staff requests approval of a grant of easement from
Big Canyon Country Club to the City for construction of a creek bypass line.
RECOMMENDATION:
Approve Big Canyon Country Club Grant of Easement (Attachments Al and A2)
needed to construct a bypass line for Big Canyon Creek as part of the Big Canyon
Habitat Restoration and Water Quality Improvement Project, and authorize the Mayor
and City Clerk to execute the Grant of Easement. (On May 10, 2016, City Council
adopted Resolution No. 2016-58, A Resolution of the City Council of the City of Newport
Beach adopting Mitigated Negative Declaration No. ND2016-001 (SCH# 2016031011)
for the Big Canyon Habitat Restoration & Water Quality Improvement Project (PA2016-
046), pursuant to California Environmental Quality Act, State CEQA Guidelines and
City Council Policy K-3.)
FUNDING REQUIREMENTS:
There are sufficient funds in budget to pay for an agreement preparation cost. All
project costs will be expensed to General Fund Account No. 01201928-980000-
15X12.
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Big Canyon Country Club Grant of Easement
October 11, 2016
Page 2
DISCUSSION:
On September 13, 2016, City Council awarded the construction contract for the Big
Canyon Habitat Restoration and Water Quality Improvement Project. At that time,
Council approved the project drawings and specifications.
One of the components of the project is isolation of very low flows that are seeping into
Big Canyon Creek near Jamboree Road. These seeps contain high concentrations of
selenium that could violate water quality standards. The project design provides for the
isolation of these seeps flows by constructing a bypass line to divert the upstream dry -
weather creek water from the golf course (which normally flows under Jamboree Road
through a 12 -foot diameter culvert) into a 8 -inch diameter pipe with engineered
anchoring system (Attachment B) and routing this line on the surface of the channel
slope, around the seepage hot spot, through the 12 -foot culvert under Jamboree Road
and then discharging this dry -weather flow back into the existing streambed
downstream of Jamboree Road. Only seepage flows will then remain in this isolated
reach of the creek. These small seepage flows, less than 50 gallons per minute, will
then be collected and routed through a clarifier and then into a sanitary sewer line
owned by Orange County Sanitation District.
To construct and maintain the bypass line, the subject Grant of Easement is offered by
Big Canyon Country Club (BCCC). City staff worked with BCCC staff and its
engineering consultants to prepare the easement agreement. The agreement provides
for reimbursement of BCCC attorney and engineering costs up to $10,000.
ENVIRONMENTAL REVIEW:
On May 10, 2016, City Council adopted Resolution No. 2016-58, A Resolution of the
City Council of the City of Newport Beach adopting Mitigated Negative Declaration No.
ND2016-001 (SCH# 2016031011) for the Big Canyon Habitat Restoration & Water
Quality Improvement Project (PA2016-046), pursuant to California Environmental
Quality Act, State CEQA Guidelines and City Council Policy K-3. Grant of Easement is
with the approved mitigated Negative Declaration.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Easement Agreement
Attachment B — Bypass Line and Anchoring Detail
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ATTACHMENT A
RECORDING REQUESTED BY:
CITY OF NEWPORT BEACH
WHEN RECORDED MAIL TO:
City of Newport Beach
City Clerk's Office
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
WITH A COPY TO:
Big Canyon Country Club
Attn: General Manager
One Big Canyon Drive
Newport Beach, CA 92660-5299
Exempt from recoding fee per Government
Code §§ 6903 and 27383
Documentary Transfer Tax Exempt per Rev
& Tax Code § 11922
for Recorder's Use Only
GRANT OF EASEMENT FOR STORM DRAIN DIVERSION PURPOSES,
RIGHT OF ENTRY, MAINTENANCE, AND INDEMNITY AGREEMENT
This Grant of Easement for Storm Drain Diversion Purposes, Right of
Entry, Maintenance, and Indemnity Agreement ("Agreement") is entered into as
of October , 2016 by and between Big Canyon County Club, a California non-
profit mutual benefit corporation, hereinafter referred to as "Grantor," and the City
of Newport Beach, a California municipal corporation and charter city, hereinafter
referred to as "Grantee."
I7x87WIF_TIK
Grantor is the owner of record of that certain real property commonly
known as Big Canyon County Club, Assessor's Parcel No.'s 442-032-53, 442-
032-60, and 442-032-69, located in the City of Newport Beach, County of
Orange, State of California, a portion of which is known as Hole No. 4 of the Big
Canyon Country Club golf course ("Property"); and
Grantor and Grantee desire to enter into this Agreement whereby Grantee
shall have the right to install, use, operate, inspect, maintain, repair and replace
an at grade storm drain manhole with underground diversion structure ("Manhole
and Diversion Link") and pipeline ("Pipeline") within the area of the Property
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described on Exhibit "A" and depicted on Exhibit "B," each attached hereto and
made a part hereof ("Easement Area").
AGREEMENT
Therefore, Grantor and Grantee hereby agree as follows:
THE EASEMENT
For valuable consideration, receipt of which is hereby acknowledged, and
subject to all of the terms and conditions of this Agreement, Grantor grants to
Grantee a non-exclusive easement over and through the Easement Area to
enable Grantee to install the Manhole and Diversion Link and the Pipeline and
thereafter to use, operate, inspect, maintain, repair and replace the Manhole and
Diversion Link and Pipeline in, on, or under the Easement Area; together with the
right to enter and traverse upon Grantor's Property in order to obtain access to
the Easement Area and to deposit tools, implements, and material thereon by
Grantee, its officers, agents, and employees or by persons under contract to
Grantee, when necessary to install, inspect, reconstruct, maintain, operate,
repair, or replace the Manhole and Diversion Link, and Pipeline. The Manhole
shall be at grade and the Diversion Link shall be underground. The portion of the
Pipeline that is on the golf course shall be underground and the portion of the
Pipeline that is west of the golf course shall be installed above ground in the
location depicted in the attached Exhibit °C' and incorporated herein by
reference. This Agreement is subject to any and all existing rights and
encumbrances which may affect the Easement Area. Grantor makes no
representation or warranty, express, implied or statutory, relating to the physical
or title condition of the Easment Area.
11. MAINTENANCE OF FACILITIES WITHIN EASEMENT AREA
A. Grantee shall maintain the Manhole and Diversion Link and the
Pipeline in good condition and repair and promptly repair any damage caused to
the surface or subsurface of the Easement Area due to a failure of the Manhole
and Diversion Link or the Pipeline.
B. Except in the event of an Emergency Condition as described below,
before Grantee shall have the right to enter upon the Property to install or to
engage in repair, maintenance, inspection or replacement activities with respect
to the Manhole and Diversion Link or the Pipeline, Grantee shall give Grantor not
less than ten (90) days prior written notice ("Entry Request") of Grantee's desire
to enter upon the Property specifying in detail the date or dates upon which such
entry is desired, the nature and extent of the work to be undertaken by Grantee
with respect to such entry and the proposed plan to restore the Property to its
condition prior to the entry. The location of the route of access to the Easement
Area shall be as reasonably prescribed by Grantor. Subsequent to such notice
and prior to such entry, Grantee shall meet and confer with Grantor to discuss
Big Canyon Country Club Page 2
7-4
the details of the Entry Request. Grantor may request such modifications or
additions to the Entry Request, including but not limited to the point or points of
access, as Grantor believes reasonably necessary to minimize disruption to
Grantor's use of the Property and to ensure prompt restoration of the Property to
its condition prior to the entry. Grantee shall make such modifications or
additions requested by Grantor to the Entry Request as (1) are consistent with
the objectives of the work to be undertaken by Grantee; and (2) will not unduly
delay nor unreasonably increase the cost of the work to be undertaken by
Grantee. Any such restoration shall be at the sole cost and expense of Grantee,
provided, however, improvements placed in the Easement Area by Grantor other
than landscaping, irrigation and drainage, without the written consent of Grantee
shall be restored at Grantor's expense. Grantee acknowledges that dates
Grantor's golf course is closed for play ((i) most Mondays (ii) in approximately the
early Spring for two (2) days for maintenance; and (iii) in approximately late
September and early October for one (1) week) are the preferred dates for
routine repair, maintenance and inspections to occur and Grantee agrees to
perform the work desired under the Entry Request during such dates to the
maximum extent practicable. All work of Grantee shall be performed as
expeditiously as practicable so as to not unreasonably interfere with the use of
the surface of the Easement Area by Grantor and its members.
C. Notwithstanding the provisions of Section 11 (B), if an Emergency
Condition (defined below) exists, Grantee shall have the right to enter upon the
Property for the purpose of inspecting, maintaining, repairing, or replacing all or
portions of the Manhole and Diversion Link and/or the Pipeline upon reasonable
notice in light of the Emergency Condition but shall not have to fully comply with
the process described in Section II (B). An "Emergency Condition" shall be
deemed to exist if (i) Grantee's Manhole and Diversion Link or Pipeline shall
have been damaged or otherwise malfunctions to such an extent that the health
or safety of the public is, or could be, endangered or (ii) the Manhole and
Diversion Link or Pipeline shall have been damaged or otherwise malfunction to
such an extent that the delay which would be caused by compliance with Section
11 (B) would result in a substantial increase in risk to human health or safety,
environmental damage, damage to Grantor's golf course, irrigation, or any
drainage facility through erosion or otherwise or a substantial increase to the
costs to repair such damage. In such circumstances, Grantee shall give Grantor
notice as described above and coordinate its work with Grantor to the maximum
extent reasonably practicable. In any event, following such entry, Grantee, at its
sole cost and expense, shall continuously and promptly restore the Property to its
condition prior to such entry.
D. The work of Grantee contemplates installing the Pipeline, in part,
along the surface of the Easement Area, and anchoring the Pipeline into the
slope of the Easement Area as described in Section I. In order to install the
Pipeline in such area, Grantee may remove vegetation along the route of the
Easement Area. No other vegetation may be removed under the terms of this
Agreement. Upon completion of such installation, Grantee shall install vegetation
Big Canyon Country Club Page 3
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over any area denuded by Grantee's installation of the Pipeline (the
"Revegetation Area"), including providing temporary irrigation to enable the
Revegetation Area to again grow vegetation. Once the vegetation has
established itself, irrigation to the Revegetation Area shall be turned off. Grantor
shall have no duty to inspect, irrigate, or ensure the vegetation planted by
Grantee is and remains established.
E. IfGrantee exercises its rights under this Agereement, and thereafter, the the
slope in the Easement Area where vegetation is removed and the Pipeline is
installed subsequently sloughs off or otherwise erodes, Grantee shall replace
and recompact such dirt and/or replant the Revegetation Area at the sole cost
and expense of Grantee. Access to the Revegetation Area shall be in a location
prescribed by Grantor.
III. RESERVATION BY GRANTOR
Grantor hereby reserves for itself such surface and subsurface rights in
the Easement Area as needed to use, maintain, repair, reconstruct, replace,
improve, or enlarge Grantor's facilities located on the Property, or the facilities of
others necessary or appropriate to serve Grantor's facilities, provided such
actions do not unreasonably interfere with Grantee's use of the Easement Area.
Grantee acknowledges that the surface and subsurface of the Easement Area is
presently improved with golf course, irrigation facilities, and drainage structures
and other improvements, and those improvements are acceptable to Grantee
and will not interfere with the Grantee's proposed use of the Easement area
under the terms of this Agreement. Except for replacements of existing
improvements, Grantor shall refrain from subsequent activities, and refrain from
installation of subsequent facilities and encumbrances that unreasonably
interfere with Grantee's use of the Easement Area. Upon mutual agreement,
Grantor and Grantee may agree to modify the location of the Easement Area.
IV. INDEMNITY
Grantee's use of the Easement Area shall be at its sole risk. Grantor shall
not be liable or responsible for the personal injury or death of any person, or
damage to property of any person, including that of Grantee or any of its
employees, contractors, subcontractors, material suppliers, elected or appointed
officers, agents, officials, volunteers, or the invitees of any of them, as a result of
Grantee's exercise of any rights regarding the Easement Area or Grantee's use
of the Easement Area or the Property, except that Grantor agrees to indemnify
and hold Grantee and its elected or appointed officers, employees, directors,
agents, officials, successors, and assigns harmless from and against any and all
liability, claims, damages, losses and demands, including attorneys' fees and
related litigation costs, whether resulting from court action or otherwise, arising
out of the negligent acts or omissions or intentional misconduct of Grantor, its
officers, contractors, subcontractors, material suppliers, employees or agents in
Grantor's use of the Property or Easement Area except for such liability, claims,
Big Canyon Country Club Page 4
7-6
damages, losses or demands to the extent arising out of the negligence or
intentional act of Grantee, its employees, contractors, subcontractors, material
suppliers, elected or appointed officers, agents, officials, successors, or assigns.
Grantee agrees to indemnify and hold Grantor and its officers, employees,
directors, shareholders, members, agents, successors and assigns harmless
from and against any and all liability, claims, damages, losses and demands,
including attorneys fees and related litigation costs, whether resulting from court
action or otherwise, arising out of the negligent acts or omissions or intentional
misconduct of Grantee, its elected or appointed officers, employees, contractors,
subcontractors, material suppliers, employees or agents in Grantee's entry onto
the Property, or Grantee's use of the Easement Area, or Grantee's access
thereto except for such liability, claims, damages, losses or demands to the
extent arising out of the negligence or intentional acts of Grantor, its employees,
successor or assigns.
V. INSURANCE
Prior to entering the Property and at all times Grantor or its agents,
employees or contracors are on the Property, Grantee shall provide or cause its
contractor to procure general liability and property damage insurance with a
reputable and financially solvent insurance company licensed to do business in
the State of California with a Best's Insurance Report rating of not less than A/XI
with combined single limit coverage of not less than Five Million Dollars
($5,000,000). Grantor shall be named as an additional insured under such policy
and shall be provided with written evidence of such coverage. Such coverage
shall not be cancelled without at least thirty (30) days prior written notice to
Grantor.
VI. REIMBURSEMENT TO GRANTOR
Within thirty (30) days after being presented with documentation by
Grantor, Grantee shall reimburse Grantor for all costs incurred by Grantor in
having its engineers review the design of the Manhole and Diversion Link and
Pipeline, for reviewing Exhibits A and B hereto, legal fees to prepare or review
this Agreement, and any damage done to the Property not repaired timely and
properly by Grantee.
VII. GENERAL PROVISIONS
None of the terms of this Agreement shall affect or modify the terms and
conditions of Grantee's existing easements upon the Property while such existing
easements are in effect.
This Agreement shall continue in full force and effect and shall be binding
upon and inure to the benefit of the Grantor and Grantor's successors and
assigns and of Grantee and Grantee's successors and assigns.
Big Canyon Country Club Page 5
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Except upon order of a court of competent jurisdiction for termination of
this Agreement, the amendment, modification, abandonment, or termination of
this Agreement or the Easement shall be in writing, signed, and acknowledged
by the Grantor and Grantee, and duly recorded in the Official Records of the
County Recorder of the County of Orange, State of California.
The prevailing party in any action between Grantor and Grantee shall be
entitled to reasonable attorneys' fees and costs in such action.
This Agreement shall be governed by and construed in accordance with
the laws of the State of California. Any legal action relating to or arising out of
this Agreement shall be shall be adjudicated in a court of competent jurisdiction
in the County of Orange, State of California.
This Agreement (including the attached Exhibits) contain the entire
agreement between Grantor and Grantee regarding the terms of the easement in
the Easement Area, including all representations and warranties between them.
Any waiver of a provision of this Agreement by a party must be in writing. The
failure of any party to (i) observe a provision of this Agreement; (ii) insist upon
strict performance of a provision of this Agreement; or (iii) exercise any remedy,
privilege, or election of that party, will not be considered as a waiver of (a) that
provision in the future or (b) the right to duly enforce the Agreement or to
exercise any privilege, election, or remedy if there is a later breach of the same
or of any other provision in this Agreement. No waiver of any provision of this
Agreement will be considered to be a waiver of any other provision, whether or
not similar, nor as any continuing or succeeding waiver of that provision.
Notices relating to this Agreement must be in writing and sent to the
addresses set forth below. A party may change its address for notices by giving
notice as required by this Section. A written notice shall be considered given (i)
when personally delivered, (ii) two (2) business days after deposit in the United
States Mail as first class mail, certified or registered, return receipt requested,
with postage prepaid, or (iii) one (1) business day after deposit with a reputable
overnight delivery service for next business day delivery. The parties' addresses
for notices are as follows:
To Grantor:
To Grantee:
Big Canyon Country Club
Attn.: General Manager
One Big Canyon Drive
Newport Beach, CA 92650-5299
City of Newport Beach
Attn.: Public Works Department
Big Canyon Country Club Page 6
IZZ
100 Civic Center Drive
Newport Beach, CA 92660
Each party warrants that the individuals who have signed this Agreement
have the legal power, right, and authority to make this Agreement and bind each
respective party.
EXECUTED IN THE County of Orange, State of California, as of the date
set forth above.
APPROVED AS TO FORM:
CITY AT RNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
B. DMBy:
Aaron C. Harp
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
OWNER(S): BIG CANYON COUNTRY
CLUB, a California non-profit mutual
benefit corporation
Date:
By:
Charles H. Fedalen, Jr.
President
Date:
BV:
David Voorhees
Assistant Secretary
[END OF SIGNATURES]
Owners must sign in the presence of notary public
ATTACHMENTS: Exhibit A — Property Description
Exhibit B — Property Depiction
Exhibit C — Pipeline Depiction
Big Canyon Country Club Page 7
7-9
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of }ss.
On 1 20 before me,
Notary Public, personally appeared
, who 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 signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
(seal)
State of California
County of }ss,
On 1 20 before me,
Notary Public, personally appeared
, 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 signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Big Canyon Country Club Page 8
7-10
EXHIBIT A
PROPERTY DESCRIPTION
Big Canyon Country Club Page A -'i
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EXHIBIT "A"
LEGAL DESCRIPTION
PERMANENT UTILITY EASEMENT
Parcel 1
In the City of Newport Beach, County of Orange, State of California, being that portion of Block 56 of Irvine's
Subdivision per Map recorded in Book 1, Page 88, of Miscellaneous Record Maps, records of said County, granted to
Big Canyon Country Club by Corporation Grant Deed on December 30, 1974 in Book 11314, page 857, Official
Records of the Office of the County Recorder of said County, described as follows:
Commencing at the westerly most corner of Lot I of Tract Map No. 8444 per map filed in Book 374, pages 39 through
43, inclusive, of Miscellaneous Maps in the Office of the County Recorder of said County, thence along the
southeasterly right-of-way line of Jamboree Road, a public street, said line shown as North 27" 15'08" East on said Map;
thence,
Along said southeasterly right-of-way line, South 27` 19'16" West 40.65 feet to the True Point of Beginning; thence,
Leaving said southeasterly right-of-way line" South 66'12'26" East 7.15 feet; thence,
South 23'47'34" West 20.19 feet; thence.
South 84'48'46" East 164.03 feet; thence,
North 73"05'50" East 15.48 feet; thence,
North 21'46'58" East 17.10 feet; thence,
South 68' 13'02" East 16.00 feet; thence,
South 21'46'58" West 24.66 feet; thence,
North 8448'46" West 203.03 feel to a point on said southeasterly right-of-way line of Jamboree Rd_; thence,
Along said southeasterly right-of-way line North 27'19'16" East 29.60 feet to the True Point or Beginning.
Containing 1,755 square fact.
Subject to conditions, covenants, rights, restrictions, easements, licenses, permits, leases, and rights -of --way, if any.
As more particularly shown an Exhibit "B" attached hereto and made a part hereof.
This real property description has been prepared by me or under my direction in conformance with the professional land
surveyor's act.
zo r6
ego ebourn, PL 395 Date
C
it
* PLS 8395
Page 1 of 1 \\'9
JF CAL
7-12
EXHIBIT B
PROPERTY DEPICTION
Big Canyon Country Club
Page B-1
7-13
r
ul
ul
CC
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CD
WESTERLY MOST
CORNER OF LOT 1,
TRACT NO. 8444 AND
POINT OF
COMMENCEMENT
7
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1 S27'19'16V 40.65`j—,%\
1` �
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r
N27'19'16"E 29.60'c'
SOUTHEASTERLY
RIGHT—OF—WAY UNE OF
JAMBOREE RD.-------'
LAND DESCRIBED HEREIN
CONTAINING 1,755 SOFT
/ANL ia,vo
�0 z
40
OF
EXHIBIT "B"
SKETCH TO ACCOMPANY
LEGAL DESCRIPTION
LOT 1
TRACT NO. 8444
MM374/39-43
521'46'58"W 24.66'--
S68*
1.66'--S68' 13'02"E 16.00'r- it
Ir 1
� � I
N 2 1'46'5$"F_ 17.10' -1;1
N73'05'50"E—:_---
BLOCK 56
IRVINE'S SUBDIVISION
MRM 1--88
TRUE POINT OF
BEGINNING
�,-- S66' 12'26"E 7.15'
S23'47'34"W �4
it
20A9 5
I
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Q�
BLOCK 56
IRVINE'S SUBDIVISION
MRM 1-88
PARCELI
1,755 SOFT
GRAPHIC SCALE
20 40 80
( IN FEET )
1 inch = 40 fit.
PERMANENT UTILITY EASEMENT
CITY OF NEWPORT BEACH
COUNTY OF ORANGE
STATE OF CALIFORNIA
160
DATE: 07.24-2016
PROJECT No. 2042511700
SCALE: 1"-40'
SHEET: 1 of 1
7-14
EXHIBIT C
PIPELINE DEPICTION
Big Canyon Country Club Page C-1
7-15
A.
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p 6 feet wide
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L ^ Newpor
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0 40 so
Feet
15 feet wide �
Disclaimer: Every reasonable effort has been made to assure the accuracy of the data
provided, however, The City of Newport Beach and its employees and
agents disclaim any and all responsibility from or relating to any results
obtained in its use.
Imagery: 2009-2013 photos provided by Eagle Imaging www.eagleaerial.com
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7-16
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed
by the Grant of Easement for Storm Drain Diversion Purposes, Right of Entry, Maintenance, and
Indemnity Agreement, as more particularly described in Exhibit A to the Grant of Easement
dated , 2016 from BIG CANYON COUNTRY CLUB, a California non-profit
mutual benefit corporation, as Grantor and the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city, as Grantee, is hereby accepted on , 2016,
by the undersigned officer on behalf of the City of Newport Beach pursuant to authority
conferred by Resolution No. 1992-82 of the City Council adopted on July 27, 1992. The City
consents to the recordation of said document in the Office of the County Recorder of the County
of Orange, State of California.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST:
Date:
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Dave Kiff
City Manager
RECCOMMENDED FOR ACCEPTANCE:
Public Works Department
Date:
Leilani I. Brown David A. Webb
City Clerk Director of Public Works
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California }
County of ORANGE }
On , 2016 before me, , Notary Public,
personally appeared DAVE KIFF, who proved to me on the basis of satisfactory evidence to be
the person whose name is subscribed to the within instrument and acknowledged to me that he
executed the same in his authorized capacity, and that by his signature on the instrument the
person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
7-17
Attachment B — Clean Water Bypass Line and Pipe Anchoring System
BIOSW/
TO CRE
h�-�----d�� � �','' �� ,;:�-� ! ✓� fib, �_
JJ - CLEAN WATER f j
7q 7TH ✓J BYPASS PIPE /� r CLEAN WATER
A✓ - ✓ BYPASS STRUCTURE
SEEP WATER [AVERSION
JJ ASSEMBLY & CONNECTION /
TO SANITARY SEWER
J� s CLEAN WATER BYPASS /
�� � ✓ ,� PIPE T6 BIOSWALE
APPROIt- LIMITS J ✓° l{ q + -
l: OF DISTURBANCE r✓ ✓ `� ✓ CLEAN WATER Q� `
,. 1 BYPASS PIPE
/ J / CLEAN WATER
1 ✓�'_ _ -�( BYPASS VALVE
APPROXIMATE Z-0" BY 2'-0" BY 1'-D" DEEP
CONCRETE BLOCK (MAY BE IRREGULAR,
POURED WITHIN EXISTING BOULDERS)
Q'"^^ STf7 PIPE STRAP (TOLCO
R) STAGGER LOCATION
4N WATER
DRAIN PIPE
0 HILITI KWIK BOLT
:HOR {3-112" EMBEDMENT)
VANIZED
W IRE TT
- EXISTING BOULDERS
�6 X4' -B" INTO THE
ANCHORING PIPE TO
CHANNEL BANK 'r
NOT TO SCALE
7-18