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HomeMy WebLinkAboutC-1329 - University Drive North construction, Jamboree & MacArthurOL CITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE September 17, 1973 . TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. of )31- I Description of Contract R-O-W a Authorized by Resolution No. 8087 , adopted on 9-10 -73 Effective date of Contract _!fit 169 1973 Contract with Tha jam ply Address 500 Mopgrt Qnter DjAve NwR= Beads Amount of Contract S" pntrw{ sty e c U AGREEMENT (Right of Way Acquisition and Right of Entry) THIS AGREEMENT, made and }'entered into this /6 m day of 1973, by and be the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter designated "City ", and THE IRVINE COMPANY, a West Virginia corporation, hereinafter designated as "The Company" W I T N E S S E T H WHEREAS, City proposes to construct University Drive North between the westerly boundary of the Corona del Mar Freeway Right of Way (State Route 73) and Jamboree Road, hereinafter referred to as "Project" ;and WHEREAS, City and the STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION hereinafter designated "State ", have agreed that the construction of the Project is a local responsibility and that the State will not contribute funds toward the construction of the Project, and it was further agreed that the State would construct the Project with the Route 73 Freeway if City would acquire the necessary right of way and pay the cost of constructing the Project; and WHEREAS, the property over which the Project is to be constructed is owned by the Company; and WHEREAS, the Company agrees with City's goal to make the aforementioned reach of University Drive North operational concurrent with the opening of the freeway; and WHEREAS, the Company is willing to dedicate the right of way required for the Project and grant rights of entry adjacent to the roadway for grading at no cost to City; and WHEREAS, said dedication' and rights of entry are generally in keeping with the provisions of City's Capital Improvement Financing Policy; and, WHEREAS, City and the Company wish to more specifically define the conditions under which the right of way is dedicated to City. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as 7/s follows: r 1. The Company will dedicate'to the City the right of ERA way necessary for the construction of the Project; however, with %' this dedication the Company simultaneously retains its access Xr • yFRf rights to said right of way described in the attached Grant of Easement designated Exhibit "A" and drawing designated Exhibit "B", which by this reference made a part of this agreemet. 2. The City's project shall include the construction of roadway and drainage facilities shown on Sheets A -12 (Plan), A -17 (Profile), D -10 (Drainage), G -8 (Grading), Location H (Traffic Signal) and Typical Cross Section Sheet of the State's Plans for Contract No. 07- 036124. 3. In the event Parcel "A" shown on Exhibit "B" is determined to be "undevelopable" by the Company any time within 10 years after the execution of this agreement, City agrees to accept dedication in fee of said Parcel "A" or open space purposes. for use as a park/ At the time dedication is accepted by City, City will assume the responsibility of constructing the ultimate improvements for those portions of University Drive North and Jamboree Road adjacent to Parcel "A ".and between the roadway centerline and said parcel. 4. As a condition of development and in accordance with the Capital Improvement Policy existing at the time of development, the Company or its successor or assigns shall be required to complete the ultimate roadway im- provements on University Drive North adjacent to the Company's de- � 9 velopment; excluding median improvements, and in general conformance /f to the ultimate section shown on Exhibit "D" which by this reference \ \FR C-e is made a part of this agreement. 5. City shall assume the responsibility of constructing ultimate median improvements in University Drive North. 6. Prior to the start of construction, City shall submit.to the Company, for review, plans for the construction of the project. 7. The Company hereby grants to City and City's agent, the State, the right to enter upon that portion of the Company's property adjacent to University Drive North and Jamboree Road shown on the attached drawing designated "Exhibit C ", which by this reference is made a part of this agreement. Said right of entry shall be for the purpose of completing the grading necessitated by the construction of the Project. Said right of entry shall terminate upon acceptance by State of the satisfactory completion of State's construction contract or upon acceptance of University Drive North for maintenance by City, whichever occurs first. 8. The Company 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. City, as a -2- r material part of the consideration for this Agreement, hereby agrees to indemnify. and hold the Company free and harmless from,, 11 liability for any such loss,. damage or injury. 9. City shall not suffer or rmit to be enforced against the penises covered by this entry agreement, or any part thereof, any mechanics''; materialmen's, contractors' or subcontractors' liens arising.from or any claim for damage growing out of the work authorized by this Agree*ft; and City shall pay or cause to be paid all of said liens, claims or demands before any action is brought to enforce the same against said lien; and City;agrees,to indemnify and hold the Company and said land free and harmless from a112_liabi.lity for any and all such liens, claims and demands, together with reasonably attorneys' fees 'and all costs and expenses in connection therewith. The Company reserves the 'right at any time and from time to time to post and maintain on the premises such notices as may be necessary to protect the Company against liability for any and all such liens or claims. IN WITNESS WHEREOF, the parties hereto have executed this Right of Way Entry and Agreement as of the day and year first above written. SEAL APPROVED AS TO FORM: �ss't Ci y Attorney ., +,. J1 By .mil mwz COMPANY K/, 7. THE COMPANY CITY OF NEWPORT BEACH ATTEST: - 3 - CITY RECORDING REQUESTED City of Newport'Beach 3300 Newport Boulevard Newport Beach, Calif. When Recorded Mail to: Same as Above Atten: Joseph T. Devlin Space Above This Line for Recorder's Use GRANT OF EASEMENT Location: City of Newport Beach THE IRVINE COMPANY, a West Virginia corporation, as owner of certain hereinafter described real property, hereby grants to the CITY OF NEWPORT BEACH, a municipal corporation, an easement for street and highway purposes over real property situated in the City of Newport Beach, County of Orange, State of California, more particularly described on Exhibit "I", which is attached hereto and incorporated by this reference as if fully set forth herein. apparent. SUBJECT TO easements and rights of way of record or Said easement is shown on Raub, Bein, Frost and Asso- ciates drawing No. 12152, a copy of which is for the sake of convenient identification marked Exhibit "II" and attached hereto and made a part hereof by this reference. Date: �� �/` 73 SEAL 0 THE a By: By: 0 EXHIBIT "A" 1 STATE OF CALIFORNIA ) ss 1 COUNTY OF ORANGE ) On oy before me, the undersigned, a Notary Public " n and or said State, personally a peared known to me to be (�� c� -ice ._ ; . and Q2— known to me to be`L,,A� _tom of the corporation that executed the-within Instrument, jtnown to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowl- edged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. Ms+cut !tN AUDREY E. W1L1$ NO0 TARY ►uetK -. CAt1404WA PRINCIPAL O,not IN .p ORANOt COUNTY My CaMm:nion Expim Mty. 31, 1111 Notary Publi in —and for Said County and Stbte This is to certify that the interest in real property conveyed by the deed or grant dated AUGUST 16, 1973 fr om THE IRVINE COMPANY to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the 17th day of _ p„gt 19 73, and the grantee consents to recordation thereof by its duly authorized officer. L. WYNN, City Manager Dated: !Se" 1%'-7 3 Authorized by Council Resolution No. 6773 i PARCEL 1 D E S C R I P T I O N A strip of land 124.00 feet in width over that portion of Block 51 of Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map thereof recorded in Book 1, Page 88; of Miscellaneous Maps in the office of the County Recorder of said County, the center- line of which is described as follows: BEGINNING at the southerly corner of the northwesterly one -half of the southeasterly one -half of Block 50 of said Irvine's Subdivision, said corner being also the point of begin- ning of the centerline of the right -of -way for Jamboree Road as described in Easement Deed to the City of Newport Beach recorded June 6, 1962, in Book 6135, Page 155, of Official Records of said County; thence along said centerline of Jamboree Road, South 39 °43'50" West 112.69 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 1600.00 feet; thence southwesterly 972.26 feet along said curve through a central angle of 34 °49'00" to a point designated as "Station A" in the deed to Newport Harbor Union High School District recorded July 1, 1965, in Book 7578, Page 671, of Official Records of said Orange County, California, said point being also the TRUE POINT OF BEGINNING; thence radial to said curve South 85 °05'10" East 252.26 feet to the beginning of a tangent curve, concave northerly, having a radius of 5000.00 feet; thence easterly 571.84 feet along said curve through a central angle of 6 °33'10" to a point from which a radial line bears North 1 °38'20" West. EXCEPTING THEREFROM that portion included within said Jamboree Road right -of -way as described in Easement Deed to the City of Newport Beach recorded June 6, 1962, in Book 6135, Page 155, of Official Records of said County. PARCEL 2 That portion of Block 51 of Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map thereof recorded in Book 1, Page 88, of Miscel- laneous Maps in the office of the County Recorder of said County, described as follows: Bounded on the south by the northerly line of the above described Parcel 1; on the West by the easterly line of Jamboree Road as described in Easement Deed to the City of Newport Beach recorded June 6, 1962, in Book 6135, Page 155, of Official Records of said County; and on the northeast by a curve, concave north- easterly, having a radius of 35.00 feet, and which curve is tangent at its southeasterly terminus to said northerly line of Parcel 1, and tangent at its northwesterly terminus to said easterly line.of Jamboree Road. EXHIBIT "I" 0 ` PARCRT. 3 That portion of Block 51 of Irvine's Subdivision, in the City of Newport Beach, County of Orange, State of California, as shown on a map thereof recorded in Book 1, Page 88, of Miscel- laneous Maps in the office of the County Recorder of said County, described as follows: Bounded on the North by the southerly line of the above described Parcel 1; on the West by the easterly line of Jamboree Road as described in Easement Deed to the City of Newport Beach, recorded June 6, 1962, in Book 6135, Page 155, of Official Rec- ords of said County; and on the southeast by a curve, concave southeasterly, having a radius of 35.00 feet, and which curve is tangent at its northeasterly terminus to said southerly line of Parcel 1 and tangent at its southwesterly terminus to said easterly line of Jamboree Road. PARCEL 4 That portion of Block 51 of Irvine's Subdivision in the City of Newport Beach, County of Orange, as per map recorded in Book 1, Page 88, of Miscellaneous Record Maps in the office of the County Recorder of Orange County, California, described as follows: BEGINNING at the intersection of the northwesterly line of the Orange County Flood Control District right -of -way as described in the deed recorded in Book 6462, Page 165, of Official Records of said County and the easterly right -of -way line of Jamboree Road (132.00 feet in width) as described in the deed recorded in Book 6135, Page 155, of Official Records of said County; thence northerly 33.00 feet along said easterly right -of -way line of Jamboree Road; thence southerly in a direct line to a point on said northwesterly right -of -way line of the Orange County Flood Control. District, said point being 15.00 feet, (measured along said northwesterly right -of -way line) from said point of beginning; thence westerly along said northwesterly right -of -way line to the point of beginning. SUBJECT TO: All covenants, rights, rights -of- wav, and easements of record. -2- .I I fR onrTAG 2 N � eor�n 'n a h V K Y, --!4 M h n V o ' tiR h 4-t% S14 v U v �Cy� °off og m : %44% 'V W :4�t, w -4 ti ti 0 Qa ti 4 C4 A'V uS"1 ^ lei Q �a dF .,jl �- Jes 5 E•7'ls /¢' LF/ylif7' Pcin O/sy� o/7�S�e 6r/ B_ 3I� � �/.33�A9' � T•.R91t_8' � Jfa �i� A "Q`/ 0 EXHIBIT III B_SRETCN R•/GOO.00' ROAD ; TO ACCOMPANY LEGAL DESCRIPTION OF ,9/Of17 Of iYAY F0.9 T{/E E,l'TEA OF AP/VE N014711 Aji dl~90194F R0.40 TO 7-ff BE /NC A PORTIOiY OF /AY /iYE f saeoiv /.si0a; aleWW494 OOl/NTY, C.IL/F. PATE SCALE ,4UG. Q, 71 AE!! 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DATE SCALE FIELD BOOR JOB NG of,eW 1W V 16.71 • Q t% wow= -_� f / � ng' a 0 Q E � f a� o� IS a �e 06 O (-D LLI Li I (! F'- Z LLJ d' W O W Z d' LD uj Q ly cc lr Y Z - Y W H Mr+ W � O aD W F Z x .-+ W O I i1I� 1II, , S aQ i M 01 J Q MA r— .:..:r�ybv 6uipai�r o�dcu� -Xi 141 �j CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT I I r. --ATE DRAWING NO, It 13 -Xi 141 �j CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT I I r. --ATE DRAWING NO, 2'r 1973 10 1973 y P rjy RESOLUTION No. 8087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A RIGHT- OF-WAY AND RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY IN CONNECTION WITH CONSTRUCTION OF UNIVERSITY DRIVE NORTH FROM JAMBOREE ROAD TO ROUTE 73 FREEWAY WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain agreement between the City of Newport Beach and The Irvine Company in connection with construction of University Drive North from Jamboree Road to Route 73 Freeway; WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that said agreement 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 10th day of September —1 1973 . ATTEST: City Clerk DON:cs 8/21/73