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HomeMy WebLinkAboutC-1205(A) - Borrow-Site Agreement & Construction Agreement for Construction of Jamboree Road between Palisades Road and MacArthur Boulevardass n �vL ra et', Z - 15ia y. 611X170 �` ', •` May 25, 1970 TO: CITY COUNC�4 FROM: Public Works Department 4' SUBJECT: JAMBOREE ROAD CONSTRUCTION - PALISADES ROAD TO MAC ARTHUR BOULEVARD (C -1205) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 9:30 A.M., June 16, 1970. 3. Adopt a minute resolution authorizing the Mayor and the City Clerk to execute a Borrow Site Agreement with Lockheed Corporation for the subject project. 4. Adopt a minute resolution authorizing the Mayor and the City Clerk to execute a Right of Entry Agreement with The Irvine Company for the subject project. DISCUSSION: Jamboree Road between Pacific Coast Highway and the San Diego Freeway is classified a major arterial highway (six lanes divided). The subject project will provide the final link in this arterial highway. The portion of Jamboree Road northerly of Mac Arthur Boulevard has been widened to a four lane divided roadway by the Orange County Road Department. The project provides a five lane divided roadway with a curbed median, free right turn lanes to and from Mac Arthur Boulevard and a traffic signal at the Mac Arthur Boulevard intersection. The full width of right of way will be graded to facilitate the construction of a future traveled lane, parking lane and curb and gutter at the time the adjacent property is developed. The profile of Jamboree Road has been raised to allow for the future construction of the Corona del Mar Freeway. The estimated contract cost is $245,000. The construction will be funded as follows: State Division of Highways $ 44,500 County of Orange 47,500 AHFP (County) 76,000 City Gas Tax Fund 77,000 2 5,0 0 Cooperative financing agreements with the State, the County, and the County (AHFP) have previously been approved by the Council. The plans were prepared by VTN, Orange County. The Lockheed Aircraft Corporation has agreed to let the City obtain borrow material to construct the necessary fills required to raise the roadway grade for the freeway. The borrow area is located on Lockheed property which will be taken for freeway right of way. T , May 25, Page 2 Subject: • • 1970 Jamboree Road Construction - C -1205 The Irvine Company has executed the right of entry agreement mentioned in Recommendation 4. This agreement allows the City to enter Irvine Company property to construct cut and fill slopes and other miscellaneous items which are necessary to construct Jamboree Road. The excavation needed southerly of Palisades Road on the east side of Jamboree Road will necessitate removal of the two existing dwellings in that location. As a consideration for granting right of entry and removal of the dwellings at this time, The Irvine Company has requested that the cost of the grading work not be charged against their obligations under the Capital Improvement Policy. The Public Works Department feels that this position is reasonable. The estimated date of completion is November 1, 1970. seph Devlin blic ks in E. 6 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1205 Description of Contract 0 DATE MW 289 1970 r State of California and the City of Nmpert Beach for contraction of Jae Rd, Falisadet to MscArttnw Authorized by Resolution No. 718S , adopted on eft 25, 1970 Effective date of Contract May 29, 1970 Contract with see above Address Amount of Contract See oontract city e c , ok 4=0 WPE 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 17 18 19 20 21 22 F *7 24 25 26 .27 28 29 30 31 32 v i CITY COPY BORROW s•m AGREEMENT This Agreement is made as of this day of ,.1970 by and between LOCRAEED AIRCRAFT CORPORA'TION.,. a California corporation,.:hereinafter called .'. "Owner," the CITY OF NEWPORT BEACH,.hereinafter called "City ", and the STATE OF CALIFORNIA, acting.by and through its Business and Transporation Agency, Department of Public Works, Division of.H ghways, hereinafte called "STATE "• RECITALS " Owner is the owner of certain real property in the City of Newport Beach, State of California, County of Orange, located adjacent to Jamboree Road and Palisades Road, hereinafter called the "premises ". City desires to enter upon the premises to obtain borrow material to raise the grade. of Jamboree. Road for the mutual:: benefit of City and State, upon.the following terms. and conditions': W.I Z NE.SSETH: -: I� 1. Owner hereby grants the right. of entry to.the City to enter upon the premises adjacent to the right of way as shown on City of Newport Beach.Drawing 8-5168 -S, sheet 11 of 15, attached hereto as Exhibit and by this reference incorporated herein. 2. Said entry permit is limited . to entry "for the purpose.. of constructing a borrow pitt$o.obtain borrow material in the approximate amount of 40,9Q9 cubic yards to raise the grade of Jamboree Road in Accordance with plans and specifications fn1�. Contract 1205, City of Newport Beach Drawing R- 5168 -S, sheets 145,.'` dated May, 1970. Said borrow pit shall be constructed i such a Aar -1- - i 1 2 3 4 5 6 7 8, 9 10 11 i2 13 14 15 16 17 0t-I 19 20 21 22 23 24 25 26 27 28 29 30 31 32 P manner that, water will drain out of the easterly corner.of the pit to a ditch along the toe.of the slope of Jamboree:Road. 3. The terms of this entry permit shall be until (completion of the.raising of the grade of Jamboree Road, but in no event later than June 30, 1971. 4. Owner shall not be liable for any loss, damage or linjury of any kind or character to any person or property caused by for arising from any act or omission of City or any of its agents or employees arising out of or related to the subject matter of this Agreement, and City, as a material part of the consideration for this Agreement, hereby,agrees to indemnify and hold Owner free and harmless from all liability for any�such loss; damage or injury. 5. City shall not suffer. or permit to be enforced against the premises covered by this entry agreement, or any part thereof, any mechanics', materialmans', contractors' or subcontrac- tors' liens arising from or any claim for damage growing out of... the work authorized by this Agreement; and City shall pay or cause to be paid all of said liens, claims or demands before any action f is.brought to enforce the same against said land; and City agrees to indemnify and hold Owner and said land free and harmless from all liability for any and all such liens, claims and demands, together with reasonable attorney's fees and All costs and expenses in connection therewith. Not withstanding anything to the contrary hereinafter contained, if City shall in good faith contest the validity of any such lien, claim or .demand, then City.shall, at its expense, defend itself and Owner.against the same and shall pay and satisfy any adverse judgment that may be rendered thereon before the enforcement thereof against Owner or the premises, upon the condition.that if Owner shall require, City shall, furnish to Owner a surety bond satisfactory to Owner in an amount >equal to.such contested lien, claim or demand indemnifying owner against liabilit, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 i N lien or claim or if Owner r +Yequest, City shall procure and record the bond provided for in Section 1193 -2 of the California Code of Civil Pro tdure;.br any comptsrxble statute hereafter e enacted providing for 4 bond freeing the picemises•from the effect of such lien or claim or action thereon. Owner' reserves the right'at any time.and from time to time'to post and maintalApn the premises such notices as may be necessary to protect Owner against liability,,.." all such liens or claims. 6. State, as a material part of tfie, consideration for this Agreement, hereby agrees that in appraising the premises or any, part thereof, for the purpose of condemnation for road construction or for any other purpose, will appraise the premises as if they had not been used for a borrow site as contempXAted by this Agreement. IN WITNESS WHEREOF, the parties hereto have executed e this entry agreement as of the day and year first above written: APLI&OVED.AS FORK: A/ y L t ! 7!a c;_ APTS CITY OF NEWPORT BEACH CITY ATTORNEY Department T0: City Clerk FROMc City Attorney r DATE. May 22, 1970 SUBJECT, (1) $. esolution authorizing execution of a borrow site agreement Lockheed Aircraft Corporation in connection with the construction of Jamboree Road from Palisades Road to MacArthur Boulevard, Contract 1205 (2) Resolution authorizing execution of a right -of -entry agreement w- -th The Irvine Company in connection with the construction of Jamboree Road from Palisades Road to MacArthur Boulevard Contract 1205 Transmitted for presentation to the Council at the meeting of May 25, 1970, are copies of a proposed resolution in connection with each of the above subjects. TULLY ,111( SEYMOt City Attorney" TFS:mh Att. cc: City Manager Public ?Forks Director file RESOLUTION NO. 7 18 5 A rTSOLUTION or THE CITY COUNCIL OF TRY CITY Of ULWPORT BEACH AUTMORIZIiNG THE Lac-UTIOH OF A BORR.OM SITE AGREEKENT WITH LOCKHEED AIRCRArT CORPOK&TION IN CONNECTION WITH THE CONSTRUCTIOtN Or JA84SWEE ROAD FROK PALISADES GOAD TO MAC ARTHUR BOULEVARD, CONTRACT 1205 t :;E.,4, ; � : :e 1,r : br_ea p esenteci to the L Council of the City of Newport Beach a certain agreement between the City of ;Newport Beach and Lockheed Aircraft Corporation, whereby Lockheed ALrcraf.t Co pors..t.iot; grani -s to the City the right of entry to certain property in order to enable the City to construct a borrow pit to obtain borrow material to raise the grade of Jamboree Road in accordance with plans and specifications for Contract 1205; and WHEREAS, the City Council has considered the terms and conditions of said borrow site agreement and found them to be fair and equitable; Nbd, TIHEkEF'OREO BE IT RESOLVED that said borrow site agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport .Beach. ADOPTED this 25th day of May. 1970. yor ATTEST: C ity C lerk THS : mh 5/22/70 I • 1 • �1 lI 2 BORROW SITE AGREEMENT 3� I' 4 This Agreement is made as of this day of 51 , 1970 by and between LOCKHEED AIRCRAFT CORPORATION, i 61 a California corporation, hereinafter called 'Owner," the CITY OF 7 NEWPORT BEACH, hereinafter called "City ", and the STATE OF 8 CALIFORNIA, acting by and through its Business and Transporation 9. Agency, Department of Public Works, Division of Highways, hereinafte 10 called "STATE ": 11 I 1211 RECITALS 13 14 is the owner of certain real property in the City of 15 Newport Beach, State of California, County of Orange, located 16 adjacent to Jamboree Road and Palisades Road, hereinafter called the 17 "premises ". City desires to enter upon the premises to obtain 18 borrow material to raise the grade of Jamboree Road for the mutual 19 benefit of City and State, upon the following terms and conditions: 20 1 i 21 ii W IT NE S SETH: 2211 it 23'I 1. Owner hereby grants the right of entry to the City to 24! enter upon the premises adjacent to the right of way as shown on 25jiCity of Newport Beach Drawing R- 5168 -5, sheet 11 of 15, attached 26II'!hereto as Exhibit "A" and by this reference incorporated herein. 271 2. Said entry permit is limited to entry for the purpose 28lof constructing a borrow pit'to obtain borrow material in the 29 approximate amount of 40,000 cubic yards to raise the grade of 30 Jamboree Road in accordance with the plans and specifications for 31i Contract 1205, City of Newport Beach Drawing R- 5168 -S, sheets 1 -15, 32ildated May, 1970. Said borrow pit shall be constructed in such a l ii i 1I 2' 3I 4I 5i 6: 7i 8� 91 10 11! 12! I 131 141 15! 16j 17 18 19 201 0 9 manner that water will drain out of the easterly corner of the pit to a ditch along the toe of the slope of Jamboree Road. 3. The terms of this entry permit shall be until completion of the raising of the grade of Jamboree Road, but in no event later than June 30, 1971. 4. Owner shall not be liable for any loss, damage or injury of any kind or character to any person or property caused by 'or arising from any act or omission of City or any of its agents or employees arising out of or related to the subject matter of this ;Agreement, and City, as a material part of the consideration for i ,this Agreement, hereby agrees to indemnify and hold Owner free and harmless from all liability for any such loss, damage or injury. 5. City shall not suffer or permit to be enforced ;against the premises covered by this entry agreement, or any part thereof, any mechanics', materialmans', contractors' or subcontrac- tors' liens arising from or any claim for damage growing out of i I the work authorized by this Agreement; and City shall pay or cause to be paid all of said liens, claims or demands before any action f his brought to enforce the same against said land; and City agrees to indemnify and hold Owner and said land free and harmless from all 21 liability for any and all such liens, claims and demands, together i 22 with reasonable attorney's fees and all costs and expenses in 251: connection therewith. Not withstanding anything to the contrary 241� hereinafter contained, if City shall in good faith contest the 25!I validity of any such lien, claim or demand, then City shall, at its is 261 expense, defend itself and Owner against the same and shall pay and H 27'1 satisfy any adverse judgment that may be rendered thereon before I 2811 the enforcement thereof against Owner or the premises, upon the 291� condition that if Owner shall require, City shall furnish to Owner 30'+ a surety bond satisfactory to Owner in an amount equal to such 31I; contested lien, claim or demand indemnifying owner against liabilit, l 32, for the same, and holding the premises free from the effect of such 9 -2- 1 u l l liilien or claim or if Owner shall request, City shall procure and 2+Irecord the bond provided for in Section 1193 -2 of the California 3i Code of Civil Procedure, or any comparable statute hereafter i 4'1ienacted providing for a bond freeing the premises from the effect of 51such lien or claim or action thereon. Owner reserves the right at i 6jjany time and from time to time to post and maintain on the premises j I � 7i such notices as may be necessary to protect Owner against liability i 8; for all such liens or claims. 9I 6. State, as a material part of the consideration for I 10!1this Agreement, hereby agrees that in appraising the premises or any h ll:'part thereof, for the purpose of condemnation for road construction 1211 or for any other purpose, will appraise the premises as if they had 13j not been used for a borrow site as contemplated by this Agreement. 14;1 15: IN WITNESS WHEREOF, the parties hereto have executed i� 161j this entry agreement as of the day and year first above written: 17 18 19 20 21 22 23 24 25'. 26I 27 28 29 A]? R VVED AS TO FORM: ff p City A t&torney 31 32 it c' -3- LOCKHEED AIRCRAFT CORPORATION By By CITY OF NEWPORT BEACH Mayor City C er STATE OF CALIFORNIA Q% By THS:s 5 -12 -70 i i i os�/ AGREEMENT CONSTRUCTION OF JAMBOREE ROAD BETWEEN PALISADES ROAD AND MACARTHUR BOULEVARD f3 THIS AGREEMENT is made and entered into this -2 th day of a = -= "_° JA V�qX y, 196$, by and between LOCKHEED AIRCRAFT CORPORATION, a California corporation, hereinafter referred to as "Lockheed," and the CITY OF NEWPORT BEACH, a municipal corpora- ticn, hereinafter referred to as "City." WITNESSETH: WHEREAS, City and Lockheed desire to.,construct that portion of Jamboree Road between Palisades Road and MacArthur Boulevard, as delineated',on a map attached hereto marked Exhibit "A" and by this reference made a part hereof; and WHEREAS, it is the mutual desire of the parties hereto to provide for dedication of the right of way necessary for the construction of Jamboree Road; NOW, THEREFORE, IT IS AGREED as follows: 1. For and in consideration of the covenants and' conditions to be kept and performed by City as set forth herein, Lockheed agrees: A. To convey by Grant Deed to City an easement for street and highway purposes over a strip of land -1- i . _. ... qm ... '.YL .. .. ... • 0 one hundred thirty -two (132) feet wide between Palisades Road and MacArthur Boulevard, two corner cutoff parcels on the northerly side of Palisades Road, and two additional parcels on the westerly side of MacArthur Boulevard, all as delineated on a right of way map attached hereto and marked Exhibit "B ". B. To, at the time the property adjacent to Jamboree Road between Palisades Road and MacArthur Boulevard is developed, construct curb and gutter and twenty feet of pavement on both sides of Jamboree Road, as shown on the ultimate section delineated on Exhibit "C" attached hereto. C. To grant right of entry to City to enter upon the premises as delineated in red on Exhibit "B" attached hereto, for the purpose of constructing slope banks and extending drainage facilities. The term of this entry shall terminate not later than 60 days. .after filing the Notice of Completion of work by City for the construction of Jamboree Road between Palisades Road and MacArthur Boulevard. 2. For and in consideration of the covenants and conditions to be kept and performed by Lockheed as fet forth herein, City agrees,( at no cost to Lockheed: A. To construct Jamboree Road between Palisades Road and MacArthur Boulevard including turning lanes to and from MacArthur Boulevard as shown on Exhibit "A ". City shall grade the entire width of right of way and construct the proposed typical roadway section shown on Exhibit "C ". -2- s • 0 F Included in the construction project will be the construction of adequate drainage facilities under Jamboree Road and the installation of traffic signals at-the intersection of MacArthur Boulevard and Palisades Road. 3. City agrees to indemnify and hold Lockheed harmless from any liability imposed as the result of any alleged negligence of the City or its agents arising out of the performance of the construction work provided for in this agreement. IN WITNESS.WHEREOF, the parties hereto have executed this agreement on the date first above written. CITY OF NEWPORT nnBEACH �(� �r('((1� APPROVED AS TO FORM: By: ( �LQM J VV A ti�ul(.A1�C Mayor ATTEST: City AttUrney y er CITY By: By: -3- reasurer ecretary LOCKHEED •� W O r r O st -1 MA P.RAoFRTI' DEFDFD ro O LOC&A4 =9J 11i � i I►-ELY LANE OF [OGC/KFD AlIGioCR7Y I p Si1KY UNE BIX. SO d GY A'ER OF or tK %r * 40I OF 8�Y %r Of 6L 4S0. CITY OF NEWPORT BEACH DRAWN ,QE.H DATE ii -io 6e PUBLIC WORKS DEPARTMENT APPR EXTENS /ON OF 1.4M80,eEe *2040 USLIC WORKS MR R.E. N0. 'V TO M4C 4Q N �O(/7GEV0 ew►wiN a EXN /B /T -.4 ♦1 — 1. W4 *"'41- W 246.60' • ull�ze'� W vAlu"46 -t: 266.60' nl VI en w v V NI WORTNWE57EKLY LINE OF 5'ELyViz OF S' ELY I/2 OF 5L.00K DSO, rzvlNE�s soavrVlsrau N w 0 t4 °DI n w of c �o I 1-15.06 66.11 W40•5 "50. Oa "I Qcq �F S9. Ri. E 31 50U'CF mRo,rEIZLY LINE OF O.R. 49.36'— 247 .5.0019- ,74.18' 1 r N 50LITNW_E6TULY LINE OF BLOCK SO NOTE: TWIS IS MOT 4 *SURVEY OF LAND Wr 115 COMPILED FROM DATA 7440ww OW OFFICIAL QECOQ.DS. 1 1 EXHIBIT B' TO ACCOMPAtsY LEEsAL. DESCRIPTIOMS BEING A PA1ZT OF BLOCK 9509` IRVINE'S SU8DIVISIOIJ RAUB 6 BEIN 6 FR05T E. ASSOCIATES ENGINEERS A SURVEYORS PHONE 941.1122 F. O_ Boa 111 136 ROCHESTER STREET COSTA MEGA. CALsroRNIA oAT 20 h10V 68 SCALE V- Z00' 111E160 Soon CAIC. So=JOB NO. 10552 o,6TC.,Cw..66T C &6.R►RIM 1 M" 6s ' /OBI I_ PO' _L t6' 1 I 1 MI I ro' -I I /O' . � s7se�,rrEO erCirrJ , UL T/M4TE ° A TYP /CAL eO.QOMAY 546C7'10N 7V BE CONSMICTED BY DE/CLOPE,Q AT rM,C T/ME THE AQ/ACE/VT PA%0~7 Y _ /S QEVELOPEO. " �s MMS 771► - / _ Cl/RS � � 1"'RAR? T1'I. fcc iS� ar ,nNiite7lC TilGI7147 Jwtr,C dAgftAtiY 77E47M'O 6hgGCACR PROPOSEO TYP /C✓1. RMOHOY SEMON PAUSADES ROAD TO MACQRTNUR BLI/D• TO BE CONSMUCTED SY ME, C/TY Ol SrPUCr&.eAL .SECTIaV TO BE DEMAM/NEO AFTER SO /4 TESTS ARE AWDE. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E�I'TE/YS /ON OF ✓AA19O,P T kVXO A-ROM PAL15A0E8 A7a40 M "AC Aerllade AWlM. ".40049 ExHrBir -c 'E DATE tY0 ✓ /,!i /s►sB PUBLIC WORKS DIRECTO R.E. NO. NQ 0 0 RESCLLiJTION N0, A RESOLUTION OF THE CIT.y COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH LOCKHEED AIRCRAFT CORPORATION FOR THE CONSTRUCTION OF JAMBOREE ROAD BETWEEN PALISADES ROAD AND MAC ARTHUR BOULEVARD WHEREAS, LhLrc has been presented to the City Council ;f the City of Newport Beach an agreement in which the Lockhce d Aircraft Corporation agrees to convey by grant deed to the Cicy cf Newport Beach an e= asement for street and highway purposes or, five particls of land on Jamboree Road; and 'WMREAS, Lockheed Aircraft Corporation will constxac -L certain street and ether public improvements in Ja=mboree Roan at such time as the property adjacent to Jamboree Road is ev s loped; and WHEREAS, Lockheed Aircraft Corporation has granted a right of entry to the City of Newport Beach to enter upon their premises for purposes of constructing slope banks and drainage facilities; and WfiEREAS, the Cicy has 4greed to construct Jamboree Road beLweez. Palisades :toad and MacArthur Boulevard; and WHEREAS, the City Council has reviewed said agreement ana found the same to be fair and equitable and in accordance y. *th t:2e provisions of the laws of Lice City; I�OIJ, THEREFORE, BE IT RESOLVED that the Mayor and Cl.-y Clerk be and are hereby authorized and directed to execute the same on behalf of the CiLy of Newport Beach. ADOPTED this 13th day of y7 .,,, , 19,-,q ATTEST: City C erk Mayor - - -- — TLW:aj r 12/19/68 City d0k January 14, 1969 Public Works Depat Attention: Don Webb City Clerk Contract No.( I /* Enclosed are three signed copies of agreement with Lockheed Aircraft Corporation for. the construction of Jamboree Road between Palisades Road and MacArthur Boulevard. Please transmit the necessary Copies to Lockheed. We have retained the original for out file$. This agreement was authorised by the Council by the adoption of Resolution No. 6917. The Council also adopted Resolution No. 6918 accepting a Grant of Easement from Lockheed for street and highway purposes. The Deed has been sent to the County Recorder's for recordation. Encl. c SGLUTION NC}. _.. 691S .. 69 1S A RESOLUTION OF "ii . CITT CUff,4CIL OF THL CITY OF NBtitfOlVE BEACH ACCLeTltRG A GRAn OF LASr. %hT t31+L?,Rx`ati: , Lockheed Aircraft Corporation, a calliorria wu.. °F =c: .3tion, Aa .. ecuced and delivered zo Lae City f Newport ueat'..h a "malt i:S '.c2 C:". ,i_ :y -uhi Ch "iS grantii> to L.he City ar, easemanL for qt -II: .'.;a : 1 ja3Liiiy sa1rpootts i;.: ti:r; City of Necrpurt Beach, :;aunty of orange., 6Late. c :: California, ove_ those ,yL y'r'lons of Bloc 50 of Ir?Yiz :lC °.:: .Subdi.visio�'i aL sl"bO4zY1 'o2' a igap ;rec:;r' icu "*;.n Book 1, r-iz e jtS of -I:i 3ctwllan --ous 2ecord Haps, records oi Orange 'Co,anty, Ca: iiar:::ia, me r€ parCicslarly des::ribcd as foilcyws . Parcel 1 _ The scrip of land 152..03 ttc: in width over t t portiozi of Block 50 of Irviiie °s Subdivision as 5 aq.. rccorded ai Book ' h ©`�Y'$: ii a YW}� 1 y page 1703 of i -e '7 I <ecoru Neaps, records cf Grange County, alliorrzia, fte ..t:— tca:line ui whic 2 J s f" scribe6 a,; low li BBGIhNING at tic iL4.---rSeCLJLOn of the nurLhwesterly line c;x the southeasterly ore -half of the southeasterly one-half of said Block 50, wil.ia aline parallel with and distant northeasterly 10.00 Leet from the south- - line of srid Bloc 5v; theme north 41 °55 4b" ea.�t i228.27 E;c:t to the intersection of the ctn.,terline ci MacArthur Boulevard 110.00 feet in width as destruct: in Parcel l of the Data co the State cf California, record%ca July 25, 114u, in book 047, page 557 of Official Records ;wi:;il a line parallcl with and distariL southeasterly 2 .us, feet frog{ said o.orLhwesterly Uric. LkCUTIW 'TiiBiil; ROM that portion lying easterly cf the westerly line of said MacArthur Boulevard. ALSO E4tWLI''TING T M-RE EWN that portion lying; souch- westerly of a line parallel with and distant norch- caste ly 50.00 fee, froul saki southVaestcriy line of Bloc& )v. The northwesc €rly aaQL souLheascc:rly lines or said Parcel l are to be prolorteo or saortened to terminate in said westerly line of MacArthur Boulevard and said line being; parallel with and distant northeasterly 50.00 feet from said southwesterly line of Bloch 50. CONTAINING: 3.38 acres morL or loess. 0 a -06 Farc41 2 - Thai portion of Block 50 of Irvine's SUo- �lv aloe as saouni on , =. Hap recorr td in Book 1, pa=.- 6'. Of Miscellaneous R-_,­:.d maps, records of Orange County, California. bound.e6 ::.au::ti:;esterly by a line parallel with and _. s r;.c ;obt,acaaterly 50.00 '`ct from the sTJutttwesterly line of -aid Block 50; bounde< south - ua�terly by c4c ;ortx., csc <srly line r.f Parcel 1, cescribed herein, and bounded northerly by the arc r °£ a curve, concave northerly, having a radius of j5.00 _cet and being; tangent to said southeasterly al-Ad souLtawasterly boun6aries. CONTAUING: 0.003 acres more or lees. „� 1 3 - Tflc� aortiou of !dote: 50 of lkVinels .Sub- diTI" tun, as shown on a Map recorded in Book 1, pa0 i3 or Miscellaneous Record Maps, re cor:i.s of Oran,;c County, California, bounded cicrthwesterly by the southeasterly 1!;,e of Parcel 1 described herein, bounded southwesterly by a line parallel with and 6istaant northeasterly 50.0u feet row the southwesterly 11.c of said Block 50, an(M bounded easterly by the are of a curve, concave easterly, having a radius of 25.00 feet and being tangent to said northwesterly and southwesterly boundaries. CONTAINING: 0.003 acres more or less. karcel 4 - That portion of Block 50 of Irvine's Sub- division as shown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records or Orange County, California, described as follows: BEGINNING at the intersection of the southeasterly lire of Parcel 1, described herein, with said westerly line of MacArthur Boulevard; thence South 6 °59'41" east along said westerly line 68.11 feet to the south- easterly 'Line of the land described in a deed to Lockheed Aircraft C "orporation, a California corporation, recorded October 21, 1958, in Book 4936 page 267 of Official Records; thence south 40 °39'12t' west along said southeasterly liraz 30.00 fe4-�; thence south 87 °56'12" *.nest 72.35 feet to a point on said south- easterly line of Parcel 1, distanc: thereon, south 41 °56'48" west 125.001 feet from the point of beginning; thence north 41 °56'46," east 125.00 feet to the point of beginning. CONTAINING.* 0.09 acres more or less. karcel 5 - That portion of Block 50 of Irvine's Sub - v saoxr as shown orj a map recordeu in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, described as folloxas: BEGINNING at the intersection of line of Parcel 1, described herein, line of MacArthur Boulevard; thence -2- the northwesterly with said westerly North 6659'41" • r i and 0 0 _.Ir0 west alongsai �rescerly line 37 =: >.50 feet; thence south 4 29 1 41" cast 268.60 feec• thence south 17 °26133`° west 187.17 feet to a point which bears north 3 °2-5'48" east 268.60 feet tro: a point in said northwesterly li'e, said point. beii:,;, scuth 41 °56'48" west 376.50 e fes From the pois.t e beginning; thence south 39 °26'413" west 268.60 feet to said northwesterly line; thence north 41 °56'48" east 37u.50 feet to the pcint of beginning. CONTAINING: :3.22 acres more or, l._ss. :•b4UECT TO coverancs, conditions, reservations, restrictions, rights of way and taozaier:ts of record; WHEREAS, it '.L.-i to the interest of the Cit,, to accept said Grant of Easement tut such purposes; NOW$ THEREFORE:, BE IT RESOLWED that said Grant of Easeneai: is hereby acccYLed and cite City Clerk is authorized ar:d directed to execute and attach thereto a certificate of accyptance and consent to its recording and to record said document in the County Recorder's office. ATTEST C.Lt'y' Clerk AOOrTED this / j ;n day of .fdn , 19 6 �L, -3- Mayor T!iS:ajr i2/19/ty 1 z 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ! 0 GRANT OF EASEMENT 0- 9/ 2- LOCKHEED AIRCRAFT CORPORATION, a California Corporation, hereby grants to the CITY OF NEWPORT BEACH, a municipal corporatio an easement for street and highway purposes in the City of Newport Beach, County of Orange, State of California, over those portions of Block 50 of Irvine's Subdivision as shown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, more particularly described as follows: Parcel 1 - The strip of land 132.04 feet in width over that portion of Block 50 of Irvine's Subdivision as ihown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, the centerline of which is described as follows: BEGINNING at the intersection of the northwesterly line of the southeasterly one -half of the southeasterly one -half of said Block 50, with a line parallel with and distant north- easterly 10.00 feet from the southwesterly line of said Block 50; thence north 41 °56148" east 1228.27 feet to the inter- section of the centerline of MacArthur Boulevard 110.00 feet in width as described in Parcel 1 of the Deed to the State of California, recorded July 25, 1940, in Book'1047, page 557 of Official Records with a line parallel with and distant south- easterly 28.00 feet from said northwesterly line. EXCEPTING THEREFROM that portion lying easterly of the westerly line of said MacArthur Boulevard. ALSO EXCEPTING THEREFROM that portion lying southwesterly of a line parallel with and distant northeasterly 50.00 feet from said southwesterly line of Block 50. The northwesterly and southeasterly lines of said Parcel 1 are to be prolonged or shortened to terminate in said west- erly line of MacArthur Boulevard and said line being parallel with and distant northeasterly,50.00 feet from said south- westerly line of Block 50. CONTAINING: 3.38 acres more or less. Parcel 2 - That portion of Block 50 of Irvine's Subdivi- sion as s own on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, Califomi bounded southwesterly by a line parallel with and distant northeasterly 50.00 feet from the southwesterly line of said Block 50; bounded southeasterly by the northwesterly line of Parcel 1, described herein, and bounded northerly by the are w , / /.2 ���� lI 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I .. . 27 28 I 29 30 31 32 0 0 of a curve, concave northerly, having a radius of 25.00 feet and being tangent to said southeasterly and southwesterly boundaries. CONTAINING: 0.003 acres more or less. Parcel 3 - That portion of Block 50 of Irvine's Sub - divis one, as shown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California bounded northwesterly by the southeasterly line of Parcel i described herein, bounded southwesterly by a line parallel with and distant northeasterly 50.00 feet from the southwesterly line of said Block 50, and.bounded easterly by the arc of a curve, concave easterly, having a radius of 25.00 feet and being tangent to said northwesterly and south- westerly bouadaries. CONTAINING: 0.003 acres more or less. Parcel 4 - That portion of Block 50 of Irvine's Subdiv s on as shown on a Map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, described as follows: BEGINNING at the intersection of the southeasterly line of Parcel 1, described herein, with said westerly line of MacArthur Boulevard,; thence South 6 059'41" east along said westerly line 68.11 feet to the southeasterly line of the land described in ­a deed to Lockheed Aircraft Corporation, a California corporation, recorded October 21, 1958, in Book 4936, page 267 of Official Records; thence south 40 °39'12" west along said southeasterly line 30.00 .feet; thence south 87 °56'12" west 72.35 feet to a point on said southeasterly line of Parcel 1, distant_.thereon, south ,41 °..56,'48" west 125.00 feet from the point of- beginningg;.'tlience north 41'56'48" east 125.00 feet to the point of`°beoinning. CONTAINING: 0.09 acres more or less. Parcel 5 - That portion of Block 50 of Irvine's Subdiv s on as shown on a map recorded in Book 1, page 88 of Miscellaneous Record Maps, records of Orange County, California, describedas follows: BEGINNING at the intersection of the northwesterly line of Parcel 1, described herein, with said westerly line of MacArthur Boulewd; thence north 6 °5941" west along said westerly line 376.50 feet, thence south 4 °29'41" east 268.60 feet; thence south 17028133" west 187.17 feet,to a point which bears north 39 °26'48" east 268.50 feet from a point in said northwesterly line, said point being south 41 °56'48" west 376. i feet from the point of.beginnin;; thence south 39 °26'48" west 268.60 feet to said northwesterly line; thence north 41 °56'48" east 376.50 feet to the point of beginning. CONTAINING: 0.22 acres more or less. SUBJECT TO covenants, conditions, reservations, restrictions, rights of way and easements of record. Said easement is shown on Raub, Bein, Frost & Associates drawing designated Job No. 10552, dated 20 November -2- li 19686 described as Exhibit "B" to accompany legal descriptions i 2 being a part of Block 50, Irvine's Subdivision, a copy of which 3�.is for the sake of convenient identification marked Exhibit "A" 4, and attached hereto and made a part hereof by reference. 5, DATED; December 27, , 1968. 61 711 LOCKHF.F`.i5 AIRCRAFT CORPORATTON a y�/�• C����L Ass's- i s ant Treasurer 9 By' . 10 Secretary 1111 STATE OF CALIFORNIA Los Angeles) as 12 County of7 ) 13 On December 27, 1968 , before me, the undersigned, 14 a Notary public in and for said State, personally appeared 15 _W. Neal Brown , known to me to be the Asst. Treasurer , 16 and Robert H. Canan , known to me to be the Secretary 1 17 of Lockheed Aircraft Corporation, the corporation that executed . 18 the within instrument, known to me to be the persons who executed 19 the within instrument on behalf of said corporation therein named, 20 and acknowledged to me that such corporation executed the same 21 pursuant to its by-laws or a resolution of its Board of Directors. 22 WITNESS my hand and official seal. 23 24 25 / otar y > n an or State 1` "` Wanda J. Wy6koff [ud a +d6LeS JUUI +ir y 19 0 26 M Commission Expires: Aug. Aug• 7; . 7 27 28 29 30 31 32 -3- r C- 1205(A) See Contract File for Exhibit A Borrow Site for Jamboree Road 3 114.19'41• W NIT•18'� PCL. N 39'ZG'46 "E 248. GO' NOtZTNwE5TERLY LINE OF v ELY 04 OF S' ELY I/2 OF b v1 M w m Y NI —1 a FSLOCK- 30, CQ r4 co IRVINE'S SUBDIVISION `�' w � 11 1 4 :I dL_ Ll�,�l9 W ID V ism C � N 0 15.00'R. PCL. 2- M Ii S.OG' \ 30. 1 S F 6 s ` PCL. ec _ UI �•, 1 i � •�7 1 f .t15OU'THEROTMZLY LINE X 1 OF O.R. 436 - 267 PCL. 3 .%5.0011Z - r74.1E' Y SOUTLI_W_ESTERLY LINE OF BLOCK 50 NOTE: T"15 15 MOT & 'SURVEY OF LAUD BUT 15 COMPILED FQ01d I Z' DATA 51-IOW N ON OFFICIAL fZECOiZDS. EXHIBIT 'B' TO ACCOMPANY LEGAL DESCRIPTIONS BEING A PAQT OF ISLOC1G 6p0q IIZVIwmIS SLIBDIVISIOIJ RAUB • BEI,N • FROST & ASSOCIATES ENGINEERS 6 SURVEYORS P"omc ....nu .. o. Box In 136 ROCHESTER STREET COSTA MESA. CALAORHIA DAr 20 NOV 68 SCALE 1'• ZOO' FIELD BOOK CALC. BOOK JOB NO. 1055Z BICrEA,cM..OBr cLCAAIR•nt tome" . EXHIBIT "A" . I . _..­_.. • C- /dos January 13, 1969 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: CONSTRUCTION OF JAMBOREE ROAD BETWEEN PALISADES ROAD AND MAC ARTHUR BOULEVARD RECOMMENDATIONS: 1. Adopt a resolution accepting a Grant of Easement from Lockheed Aircraft Corporation for the required right -of -way and authorizing the City Clerk to record the deed. 2. Adopt a resolution authorizing the Mayor and City Clerk to execute an agreement with Lockheed Aircraft Corporation for the subject construction. DISCUSSION: On December 9, 1968 the City Council adopted Resolution 6909 requesting the County of Orange to include the subject project in the Fiscal Year 1969 -70 Arterial Highway Financing Program (AHFP). The Lockheed Aircraft Corporation has agreed to dedicate the rights -of -way required for the proposed project and to construct curb and gutter and twenty feet of pavement on both sides of Jamboree Road at the time the property adjacent to the easement is developed. The City proposes to agree to construct a four lane divided roadway with a curbed median, free right turn lanes to and from MacArthur Boulevard, and a traffic signal at the MacArthur Boulevard intersection. In addition the full width of the 132 foot right -of -way will be graded as a condition of the Lockheed agreement for dedication. The right -of -way dedicated by Lockheed includes a strip of land 132 feet wide between Palisades Road.and MacArthur Boulevard, two corner cutoff parcels on the northerly side of Palisades Road and two additional parcels on the westerly side of MacArthur Boulevard. The total area dedicated is 3.70 acres. Attached are exhibits showing the scope of the project and the right -of -way to be dedicated. blic W /ldg Att. Devlin Its Director COUNCIL: _ ITI PAL /SAGES kr zlmr BLK..5v Q - .TR40rf1C /04~9. r Aav01 a. ZV s� � I ►+ELY L/ME GIB LGCKINPiO A(IOIofRTY :r II aters►�`p?ey a .. i J GY �QQA'ER OF d' � LY. ,1 CITY OF NEWPORT BED PUBLIC WORKS OEPARTMENI EXTENSION OF ✓•4AfA6dREE' NaRr1,/E.QLY OF R41.1S40E5 TO 1W.4iC 4QT//!/.2 490UZ4cYs I,. x R.E. NO3- 1 1a-r. n • '•. 1 PCL. 5� u>�•u,a•�K w v N 1 . 1'1'3.OG' '60. OO IY s .I. V • • 7 d� - N77T9N -R "1 J•N 'IZ.�i'f' WORT41WB57ERLY LINE OF 5'ELYV/2 -,� PCL. OF S' ELY 1/2 OF S9.4/. 6LOCK. SO, �I +� lu IKVINE'5 SDBDIYISION } Ci I 4G,e @'�C ID 1�� w �1..�, v�Sil.:1i`, a w o v 1 �?. I zm s` /.-•88 .all II d 2 1 OF 0.12. 4D36'- 247 PCL. 3 ••25.OD'R 10.00' N4?'21' •W — �_ d50UTUWE6TP -VWY LIMP. OF BLOCK 50 . NOTE: • T"15 15 NOT A'SURVEY OF LAND BUT NS COMPILED FROM 1 z' DAM& 514OWU OM OFFICIAL RECOiZDS. EXHIBIT B' TO ACCOMPAIMY LP-GAL DESCRIPTIONS SMINGt A PART OP BLOCK 0009 .ter-.... -.� - .♦�I•I.'. &A I t .. .. . 1, 10.00' N4?'21' •W — �_ d50UTUWE6TP -VWY LIMP. OF BLOCK 50 . NOTE: • T"15 15 NOT A'SURVEY OF LAND BUT NS COMPILED FROM 1 z' DAM& 514OWU OM OFFICIAL RECOiZDS. EXHIBIT B' TO ACCOMPAIMY LP-GAL DESCRIPTIONS SMINGt A PART OP BLOCK 0009 .ter-.... -.� - .♦�I•I.'. &A I t .. .. . /,0, 10 66 ' I �.%TRGCTEO 0I' C ?r� curs UL T/M,4TE °f Cd' r: i acs TYP /CAL e0,,40,60r SEC7'101V M " A& rOBE CONSTRUCTED BY DE4ECOPEAQ AT rvc T /ME THE ,4al,,4CENT #vAW4eTr S6 1 66 ' *'1 A6, • 1 � /A" I�wdC 7►J► U VCURB `J t`RMts TrittI fa►rJ sry Arws array *VROROSEO TKRC41. R0401�Y.4Y ' SECT /0N PAL /SQDES oe=9 TO &WCAQTNUR BLIND• .. TO BE CONSTRUCTED BY T/,IE, 'C/rK, Q ST,P!/CTU,?AL SECT /ON TO BE DETERMiNEO AFTER SO /L TESTS A4A?E' Af"E: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXTE/YS/OrV OF ✓,4/L1BO,PEE,POAO cA 7OAf 04415AGES .2840 7V 4-94C ARTHUR BO!/LElMAP ExH /air -c N ,��� DATE /Y� ✓ /.!, /ASB / PUBUC WORKS DIRECTOR ( R.E. NO.q S a^1 f.INO N0. �: Ceti .� VI/ To: City Clerk From: City Attorney Subject: Agreement with Lockheed Aircraft Corporation -re construction of Jamboree Road between Palisades Road and MacArthur Boulevard Transmitted are the following: 1. Resolution which, if adopted by the City Council, will authorize the acceptance of a Grant of Easement from Lockheed Aircraft Corporation to the City for street and highway purposes; 2. Resolution which, if adopted by the City Council, will authorize the execution of an agreement with',Lockheed Aircraft Corporation for the construction of Jamboree Road between Palisades Road and MacArthur Boulevard. It is requested that this matter be included on the Council Agenda for the meeting of December 23, 1968. TLW:a r Attachments cc - City Manager Public Works Director Attention: Don Webb Tully H. iawv+av �• wvv�a.aaa Assistant City Attorney