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
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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
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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.
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
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--ATE
DRAWING NO,
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
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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