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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. p LAND SU,p k o 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