HomeMy WebLinkAboutC-7471-1 - Grant of Drainage Easement and AgreementBatch 3938784 Confirmation
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
CITY CLERK
P.O. BOX 1.768.
Newport Beach, CA 92658-1768,
Page 1 of 2
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
IIIII 11111111111111 111 II II X11 III NO FEE
*$ R 0 0 1 0 4 3 7 7 4 5$*
201800039015111:10 am 10129118
90 SC5 E01 Al2 10
0.00 0.00 0.00 0.00 27.00 0.00 0.000.000.00 0.00
Recording Fee: Exempt (Space above this line for Recorders use)
(Government code - Section 2'7 ?,$3
GRANT OF DRAINAGE EASEMENT AND AGREEMENT
THIS GRANT OF DRAINAGE EASEMENT AND AGREEMENT ("Easement" or
"Agreement") is entered into this 12th day of. June, 2018, by and between the City of Newport
Beach, a California municipal -corporation and charter. city ("City") and. the State of California,
acting by and through the Wildlife Conservation Board on behalf of the California Department.
of Fish. and Wildlife "State")..City and State are sometimes referred to herein individually as a
"Party" or collectively as the "Parties." .
RECITALS
A. The City is a municipal: corporation organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of the City.
B. The State owns certain real property called the .Upper Newport Bay Ecological Reserve
(the Property"), identified as APNs 440-142-29, 439-051-13 and 440-142-41
C. A natural drainage course .that runs along properties adjacent to the City's Mesa Drive
have progressively eroded material over decades that is resulting in headcutting toward
...Mesa Drive and also. sediment discharge into the Upper Newport Bay.("Bay"). If the
drainage is left uncontrolled, native riparian habitat in the Bay could be disrupted and
Mesa Drive could be negatively impacted.
D. The City desires to construct a. storm drain and- catch basins on Mesa Drive. to safely
convey drainage across certain properties, including the Property, and construct a .
wetlands at the downstream end of the storm drain system as a good water. quality
management practice to buffer negative impacts of urban runoff to the Bay. (the
Project").
E. To. construct the Project, work will need to be performed on a portion of the Property
legally, described in .Exhibit A - and depicted on Exhibit B. attached hereto and:
incorporated herein by reference. The portion of the Property subject to the Easement
where the Project will be constructed is referred to herein as the "Easement Area.
State of California Grant. of Drainage Easement and Agreement 1
https://gs.secure-recording.com/Batch/Confirmation/3938784 10/29/2018
RECORDING REQUESTED AND
WHEN RECORDED RETURN TO:
CITY OF NEWPORT BEACH
CITY CLERK
P.O. BOX 1768
Newport Beach, CA 92658-1768
Kecording Fee: Exempt
(Government Code — Section 2-7 �;g3
(Space above this line for Recorder's use)
GRANT OF DRAINAGE EASEMENT AND AGREEMENT
THIS GRANT OF DRAINAGE EASEMENT AND AGREEMENT ("Easement" or
it is entered into this 12th day of June, 2018, by and between the City of Newport
Beach, a California municipal corporation and charter city ("City") and the State of California,
acting by and through the Wildlife Conservation Board on behalf of the California Department
of Fish and Wildlife "State"). City and State are sometimes referred to herein individually as a
"Party" or collectively as the "Parties."
RECITALS
A. The City is a municipal corporation organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of the City.
B. The State owns certain real property called the Upper Newport Bay Ecological Reserve
(the "Property") identified as APNs 440-142-29, 439-051-13 and 440-142-41.
C. A natural drainage course that runs along properties adjacent to the City's Mesa Drive
have progressively eroded material over decades that is resulting in headcutting toward
Mesa Drive and also sediment discharge into the Upper Newport Bay ("Bay"). If the
drainage is left uncontrolled, native riparian habitat in the Bay could be disrupted and
Mesa Drive could be negatively impacted.
D. The City desires to construct a storm drain and catch basins on Mesa Drive to safely
convey drainage across certain properties, including the Property, and construct a
wetlands at the downstream end of the storm drain system as a good water quality
management practice to buffer negative impacts of urban runoff to the Bay (the
"Project").
E. To construct the Project, work will need to be performed on a portion of the Property
legally described in Exhibit A and depicted on Exhibit B attached hereto and
incorporated herein by reference. The portion of the Property subject to the Easement
where the Project will be constructed is referred to herein as the "Easement Area."
State of California Grant of Drainage Easement and Agreement 1
F. City desires a perpetual drainage easement in, on, under, and across the Easement
Area, for the maintenance, repair, and replacement of the storm drain system, catch
basins, and appurtenances thereto installed and constructed for the Project.
G. In consideration of the State granting the perpetual drainage easement to City as set
forth herein, City will pay State the sum of Two Thousand Five Hundred Dollars and
00/100 ($2,500.00), which represents the fair market value of such easement as
determined by an appraisal conducted by State, concurrent with execution of this
Agreement.
GRANT AND AGREEMENT
NOW, THEREFORE, City and State agree:
The recitals provided in this Agreement are true and correct and incorporated into the
operative part of this Agreement.
2. The State, pursuant to the provisions of Section 1348(c)(2) of the Fish and Game Code
and in consideration of the sum of $ 2,500.00, receipt of which is hereby acknowledged,
hereby grants unto the City, its successors and assigns forever, a permanent non-
exclusive easement in gross, including the perpetual right to enter upon Easement
Area at any time that City may deem necessary, for the construction, maintenance,
repair, and replacement of the Project improvements, including the storm drain system,
catch basins, and appurtenances and all necessary below- and above -ground
appurtenances for the purpose of conveying drainage across, through, and under the
lands legally described in Exhibit "A".
3. This Agreement is subject to existing contracts, leases, licenses, easements,
encumbrances, and claims which may affect said property and the use of the word
"Grant" herein shall not be construed as a covenant against the existence of any
thereof.
4. City shall maintain any improvements constructed or installed by City or associated with
City's use of the Easement Area. The operation and maintenance of such
improvements and of the Easement shall be at City's sole cost and expense. If City
performs any operations and maintenance, or repair, where the ground level is any way
disturbed the property shall be returned back to its original condition at City's sole cost
and expense.
5. City may only remove trees, bushes, or natural vegetation as shown on the approved
construction drawings for the Project. The removal of any other trees, bushes, or
natural vegetation requires the prior written approval of State.
6. City shall not fence the Easement Area.
7. City shall comply with all applicable laws, ordinances and regulations, including but not
limited to all applicable regulatory, environmental and safety requirements at City's sole
State of California Grant of Drainage Easement and Agreement 2
cost and expense. Nothing in this instrument constitutes approval or authorization by
the State of California or the California Department of Fish and Wildlife, acting in its
regulatory capacity, of any activity or project of or by City.
8. City shall not use, deposit or permit the use or deposit of any hazardous material or
toxic waste or other harmful substances on the real property of State or on adjacent
property.
9. City shall be responsible for any damage to State's property or that of third parties
resulting from any exercise of the rights herein granted, including but not limited to soil
erosion, subsidence or damage resulting therefrom. City shall promptly repair and
restore to its original condition any of State's property, including, but not limited to,
roads, utilities, buildings and fences that may be altered, damaged or destroyed in
connection with the exercise of the Easement.
10. City waives all claims against State, its officers, agents and employees, for loss or
damage caused by, arising out of, or in any way connected with the exercise of this
Easement, and City agrees to save harmless, indemnify, and defend State, its officers,
agents, and employees, from any and all loss, damage or liability which may be
suffered or incurred by State, its officers, agents, and employees caused by, arising out
of, or in any way connected with exercise by City of the rights hereby granted, except
those arising solely out of the gross negligence of State.
11. State reserves for itself, its successors and assigns, the right to use said real property
in any manner, and to grant other easements or licenses at the same location, provided
such use does not unreasonably interfere with City's rights hereunder.
12. This Easement shall terminate in the event City fails for a continuous period of 18
months to use this Easement for the purposes herein granted. Upon such termination,
City shall forthwith upon service of written demand, deliver to State a quitclaim deed, to
its right, title and interest hereunder, and shall, on State request, without cost to State,
and within 90 days from written demand by State, remove all property placed by or for
City upon said property and restore said premises as nearly as possible to the same
condition they were in prior to the execution of this Easement. In the event City should
fail to restore the premises in accordance with such request, State may do so at the risk
of City, and all costs of such removal and restoration shall be paid by City upon
demand.
13. City alone shall pay any and all taxes, charges or use fee(s) levied by any
governmental agency against City's interest in the Easement, or against any of State's
real property as a result of the Easement herein granted. City shall not cause liens of
any kind to be placed against the Easement Area or any of State's real property.
14. This instrument contains the entire agreement between the parties relating to the rights
herein granted and the obligations herein assumed. Any oral representations or
State of California Grant of Drainage Easement and Agreement 3
modifications concerning this instrument shall be of no force or effect except in a
subsequent modification in writing, signed by the party to be charged.
15. This Easement is a unified conveyance and shall not be assigned in part or otherwise
disseminated, and any such partial conveyance is void.
16. This instrument shall bind and inure to the benefit of the respective successors and
assigns of the parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
State of California Grant of Drainage Easement and Agreement 4
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney
ATTEST: '� Gj, LoDate: 1�((
By: dA ` PAW,
Leilani I. Brown
City Clerk
r,
OQ FOV `�
CITY OF NEWPORT BEACH,
a California Municipal Corporation
Date: 111V N
By.
Dave Ki ,
City Manager
STATE OF CALIFORNIA
DEPARTMENT OF FISH AND WILDLIFE
Wildlife Co/�sef;v-,-'--
By-
tion Board
Date: ,r y//--�
l� ®enflel i2e e -r- Perr;,v
— E—x cutive-Direetef- Rss;5�t !_-5xer_Nt-vc
[END OF SIGNATURES]
Attachments: Exhibit A — Easement Legal Description
Exhibit B — Permanent Storm Drain Easement Area
State of California Grant of Drainage Easement and Agreement 5
CALIFORNIA..
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 rp
On D (� I 2_0 0 before me, `
Date p %�Here Insert Name and Title of the Offic r
personally appeared Tc_ I/I lam''/ l RIC, � ��_-� -_ -
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons)' whose name( is/ate`
subscribed to the within instrument and acknowledged to me that he/,jh6/th4y' executed the same in
his/h4r/thdir authorized capacity(jesj, and that by his/herthelr signatureW on the instrument the person('',
or the entity upon behalf of which the person(s) acted, executed the instrument.
DAWN OTIS"DROWNE
Notary Public - California
Sacramento County >
Commission • 2222030
My Comm. Expires Dec 14, 2021
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS , -my ba an si seal. (�
Signature %
Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattac ent of this form to n nintended document.
Description of Attached D um'.eptVYD� • l.D �C�( ����,1 4 ayYi-Q-
Title or Type of DocumentkV �1�+ N l�Oj- �` !i "" Docuni&t Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual F1 Attorney in Fact
El Trustee ❑ Guardian or Conservator
n Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
U Partner — ❑ Limited -1 General
❑ Individual U Attorney in Fact
O Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
G.�•�tv'St\+Lt`✓cei tvvt\✓'✓t✓."✓. .�.,�rt .v.✓ "at�.t�.t�.'.vS'..'.
✓t\tet dt\?!t �S ✓t'e/t's/.-vt�,t\e� ✓t\
• • • • • • • • i i i • • i • f
State of California
County of
On
Public, personally appeared
ACKNOWLEDGMENT
SS.
before me,
Notary
, 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
State of California
County of
On
Public, personally appeared
ACKNOWLEDGMENT
SS.
before me,
(seal)
Notary
, 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
(seal)
State of California Grant of Drainage Easement and Agreement 6
Exhibit A
Easement Legal Description
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Parcel 1 of that certain Corporation Grant Deed to the State of
California recorded April 22, 1975 in Book 11382, Page 1898 of Official Records in the Office
of the County Recorder of said Orange County, described as follows: COMMENCING at the
intersection of the centerline of Mesa Drive with the centerline of Cypress Street as shown on
Record of Survey 2013-1134 filed in Book 273, Pages 36 through 44 of Record of Surveys in
said Office of the County Recorder of Orange County; thence along said centerline of Mesa
Drive South 49°22'16" East 1158.91 feet to the easterly boundary line of Parcel 1 as shown on
a map filed in Book 21, Page 8 of Parcel Maps in said Office of the County Recorder of
Orange County, said point being marked by a spike and washer stamped " Orange County
Surveyor 6191 RI" as shown on said Record of Survey; thence along said easterly boundary
line through the following courses: South 40o37'44" West 300.00 feet, South 49022'16" East
12.14 feet and South 13037,44" West 174.51 feet to the northerly line of Parcel 301(A) of that
certain Irrevocable Offer of Dedication to the County of Orange recorded July 24, 1989 as
Instrument No. 89-388787 of Official Records in said Office of the County Recorder of Orange
County, said point being on a non -tangent curve concave northerly and having a radius of
1550.00 feet, a radial line of said curve from said point bears North 08010'26" East; thence
along said northerly line and said curve easterly 25.36 feet through a central angle of
00056'15"; thence leaving said northerly line, non -tangent from said curve South 36032'58"
West 136.93 feet to the southerly line of said Parcel 301(A), also being the northerly line of
said Parcel 1 of that certain Corporation Grant Deed, said point being on a non -tangent curve
concave northerly and having a radius of 1562.00 feet, a radial line of said curve from said
point bears North 08013'34" East, said point also being the TRUE POINT OF BEGINNING;
thence South 39013,15" West 35.34 feet; thence South 65006'38" East 109.53 feet; thence
North 62000'00" East 50.91 feet; thence North 25000'00" East 39.51 feet to said southerly line
of Parcel 301(A) and said northerly line of Parcel 1, said point being on a non -tangent curve
concave northerly and having a radius of 1562.00 feet, a radial line of said curve from said
point bears North 03006'48" East; thence along said southerly and northerly lines and said
curve westerly 139.38 feet through a central angle of 05006'46" to the TRUE POINT OF
BEGINNING.
State of California Grant of Drainage Easement and Agreement
Exhibit A
Easement Legal Description
(Continued)
CONTAINING: 61900 Square Feet, more or less.
SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record.
EXHIBIT "B" attached and by this reference made a part hereof.
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Kevin D. MacDonald, L.S. 8431 Date 8431
Michael Baker International
5 Hutton Centre Drive, Suite 500
Santa Ana, California 92707 s�9tFOF CA���QQ�\P
JN 145986
State of California Grant of Drainage Easement and Agreement 8
Exhibit B
Permanent Storm Drain Easement Area
�Ilu w w
W w 5Iz
Vim P.O.C. pQpl<
c4i MESA DRIVE `�
o L1
M
S49°22'16"E 12.14'-
(N50°11'45"W 12.14')R2
EXHIBIT "B°
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
STATE OF CALIFORNIA
DRAINAGE BASIN EASEMENT
CONTAINING: 6,900 S,F, +/-
LEGEND
( ) INDICATES RECORD DATA AS NOTED,
R1 RECORD OF SURVEY 2013-1134, R.S.B. 273/36-44
R2 P.M.B. 21/8
R3 11382/1898, O.R.
• SPIKE & 1 1/2" WASHER STAMPED "ORANGE COUNTY
SURVEYOR 6191R1" PER R1
LINE DATA TABLE
N0,
I BEARING
LENGTH
L1
S49°22'16"E
1158.91'
(N49°22'16"W 1158.91')R1
L2
S36°32'58"W
136.93'
L3 I
S39°13715"W
35.34'
L4
S65°06'38"E
109.53'
L5
N62100 -00 -E
50.91'
L6
N25°00'00"E
39.51'
S49°22'16"E 12.14'-
(N50°11'45"W 12.14')R2
EXHIBIT "B°
SKETCH TO ACCOMPANY A
LEGAL DESCRIPTION FOR
STATE OF CALIFORNIA
DRAINAGE BASIN EASEMENT
CONTAINING: 6,900 S,F, +/-
LEGEND
( ) INDICATES RECORD DATA AS NOTED,
R1 RECORD OF SURVEY 2013-1134, R.S.B. 273/36-44
R2 P.M.B. 21/8
R3 11382/1898, O.R.
• SPIKE & 1 1/2" WASHER STAMPED "ORANGE COUNTY
SURVEYOR 6191R1" PER R1
POR, LOT 152
BLOCK 6-1
IIRVJNr'S SUBUIVJSJ0N
Wil,RINI. 1/88
R3
R3
CURVE
DATA TABLE
011
0 01'
NO.
DELTA
RADIUS
LENGTH
C1
00'56'15"
1550.00'
25.36'
C2
05°06'46"
1562.00'
139.38'
C3
25°35'18"
1550.00'
692.23')
C4
53°32'51"
1562.00'
1459.81'
POR, LOT 152
BLOCK 6-1
IIRVJNr'S SUBUIVJSJ0N
Wil,RINI. 1/88
R3
R3
S'LY LINE --,
PARCEL 301(A)
/eP�G�O �.
0
E51T STATE-EYMn C°Tur vu.nn°.� •.. ...
�A
SHEET 1 OF 1 SHEET
I Michael Baker
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Sante Ane, CA 92707
(949)472505 • MBAKERINTLCOM
State of California Grant of Drainage Easement and Agreement 9
011
0 01'
1 ;
N08°10'26"E
7RADj ^ _
\ 500
C'
�J \03°06'48"E
GGti rn (RAD) —
T.P.O.B.
I
N08°13'34"E
_
71 ADT _
S'LY LINE --,
PARCEL 301(A)
/eP�G�O �.
0
E51T STATE-EYMn C°Tur vu.nn°.� •.. ...
�A
SHEET 1 OF 1 SHEET
I Michael Baker
INTERNATIONAL
5 Hutton Centre Drive, Suite 500
Sante Ane, CA 92707
(949)472505 • MBAKERINTLCOM
State of California Grant of Drainage Easement and Agreement 9