HomeMy WebLinkAboutC-7109-3 - Grant of Drainage Easement and Agreement (Bayview Heights Drainage/Runoff Treatment Project - Project No. 15X11)RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Newport Beach
Public Works Department
P.O. Box 1768
Newport Beach, Ca 92658-1768
WITH CONFORMED COPY TO:
County of Orange
OC Parks
13042 Old Myford Road
Irvine, Ca 92602
Attention: Real Estate Section
Recording Fee Exempt
Per Government Code Section -6+0;) -
30
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
1111 i i III ll 11111 JlI III ll /III /III II lilli Jill 1111i NO FEE
*$ R 0 0 1 3 1 1 9 2 4 4$*
20210005396061:09 pin 08/27/21
399 RW1A E01 Al2 18
0.00 0.00 0.00 0.00 51.00 0.00 0.000.000.00 0.00
(Space above this line for Recorder's use)
Project Location: Incorporated City of Newport Beach 91
Facility Name: Upper Newport Bay Nature Preserve „-n
Facility/Parcel No.: PR47D-351 IV (D/I�/
Assessor's Parcel No.: 439-051-14 & 440-142-33 (All Portions)
GRANT OF DRAINAGE EASEMENT AND AGREEMENT
(Bayview Heights Drainage/Runoff Treatment Project — Project No. 15X11)
This GRANT OF DRAINAGE EASEMENT AND AGREEMENT ("Easement Agreement") is made
�, by and between
COUNTY OF ORANGE,
a political subdivision of the State of California,
hereinafter referred to as "County,"
and
CITY OF NEWPORT BEACH,
a California municipal corporation and charter city,
hereinafter referred to as "Grantee."
County and Grantee may sometimes hereinafter be individually referred to as "Party" or jointly as
"Parties."
Easement Agreement from County to City of Newport Beach
PR47D-351
REV (&V2021 RQ)
RECITALS
A. The County owns certain property consisting of two parcels, commonly referred to as the
Westbay Parcel and the Bluffs Parcel (collectively "Property"), which have significant open space and
scenic value. The Property, or portions thereof, are subject to certain reservations, covenants and
restrictions, including but not limited to an open space conservation easement and deed restrictions
limiting use to park purposes and passive public recreational uses compatible with the Upper Newport
Bay Ecological Reserve (collectively "Covenants"). The permitted uses on the Property, or certain
portions thereof, may include hiking, bicycling, running, horseback riding, picnicking, environmentally
sensitive habitat mitigation, staging areas for equestrians and bicyclists, use and maintenance for flood
control purposes, and nature studies.
B. On April 25, 2015, County, Grantee, William Buck Johns and Elizabeth Colleen Johns, as Co -
Trustees of the Johns Living Trust established August 13, 2007, and John Clinton Manly, IV and Jill
Apperson Manly, as Co -Trustees of the Manly Family Trust established May 12, 2008, entered into that
"Cooperative Agreement Among the City of Newport Beach, the County of Orange, the Johns Living
Trust, the Manly Family Trust, and The Mesa Irrevocable 7i ust for Mesa Drive Drainage Improvements
Project" ("Cooperative Agreement") to construct a storm drain and catch basins on Mesa Drive to
safely convey drainage across the properties of 2600 and 2612 Mesa Drive, and construct wetlands at
the downstream end of the storm drain system on both County of Orange and State of California
property as a good water quality management practice to buffer negative impacts of urban runoff to the
waters of Upper Newport Bay ("Project").
B. Grantee is required to offset the impacts of the Project by mitigating 0.13 acres of non -tidal
wetlands adjoining the Upper Newport Bay Nature Preserve in accordance with the "Habitat Mitigation
and Monitoring Plan" ("EUV MP") dated August 2017 as approved by California Department of Fish
and Wildlife (Section 1602 Lake and Streambed Alterations Agreement No. 1600-2016-0082-115), US
Army Corps of Engineers (CWA Section 404 NWP File No. SPL -2016 -00331 -DSP), Santa Ana
Regional Water Quality Control Board (Section 401 Water Quality Certification File No. 302016-09),
and California Coastal Commission Coastal Development (Permit File No. 5-16-0029).
C. In 2018, Grantee commenced construction of the Project on portions of the Property according to
construction plans titled "Bayview Heights Drainage/Runofj`Treatment Project" dated August 15, 2017.
After construction was substantially complete, OC Parks Permit No. 2018-01029 was retroactively
issued to Grantee.
D. Grantee's Project included grading to create a detention basin, installation of 520 linear feet of
buried 24" RCP storm drain pipe, an energy dissipator structure, and riprap to the existing outlet
structure and new energy dissipator. After the Project was completed, Grantee added temporary
irrigation lines to support vegetation growth in the area of the detention basin. Pursuant to the executed
Permit No. 2018-01029 as amended on December 22, 2020, Grantee agreed to secure a permanent
easement from County for the drainage footprint on the Property for ongoing maintenance, operation,
and pen -nit condition compliance for the aforementioned facilities.
E. On October 29, 2018, Grantee obtained a permanent easement from the State of California for
that portion of the Project that lies within State owned lands.
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (614/2021 RQ)
F. The County's contribution to the Project includes: $50,000 pursuant to the Cooperative
Agreement, the parkland on which the aforementioned basin was constructed, and the contribution of
County property as described by this Easement Agreement. Any other contributions or commitments
previously discussed or implied, including but not limited to those in the Cooperative Agreement, are
superseded by Permit No. 2018-01029 and this Easement Agreement.
G. In fulfillment of the terms and conditions of the Cooperative Agreement, County desires to grant
Grantee an easement in, on, under, and across portions of its Property for the initial construction,
additional drainage and temporary irrigation improvements, and the mitigation, monitoring and future
maintenance, and repair and replacement of the Project that lies within the Property.
H. Grantee shall be solely responsible for any activities necessary to comply with regulatory permits
and the HMMP associated with its Project.
GRANT _AND AGREEMENT
NOW, THEREFORE, in consideration of the above, and for good and valuable consideration which is
hereby acknowledged, County does hereby grant to Grantee, its successors and assigns, a perpetual,
irrevocable, non-exclusive easement for drainage purposes for the construction, operation, maintenance,
repair, and replacement of the Project in, on, over, under, along, and across that portion of the Property
described in Exhibit A and illustrated in Exhibit B, which exhibits are attached hereto and by this
reference made a part hereof ("Easement Area"). The rights granted herein shall include reasonable
access across the existing access ways to the Easement Area for the purpose of exercising the rights
herein granted. However, this grant shall not be interpreted to provide Grantee with access to any other
County property or lands outside the Easement Area, even if additional mitigation measures require
Grantee to perform activities on County property or lands outside of the Easement Area.
Upon Grantee's execution of its Certificate of Acceptance for the Easement Area, which is incorporated
herein by this reference, and the recordation of this Easement Agreement, it is understood and agreed by
the Parties hereto and their successors and assigns, that the easement granted by this Easement
Agreement shall be subject to the following terms, conditions, and reservations:
1. INCORPORATION OF RECITALS
The above -referenced Recitals and paragraphs above are by this reference incorporated herein.
2. CONSTRUCTION AND MAINTENANCE (PMES2.1N)
Grantee shall have all future construction, excavation activities and/or maintenance plans submitted in
writing to the County's Director of OC Parks, or designee, (hereinafter referred to as "Director") prior
to commencement of any work in, on, over, and across, or about the Easement Area. Grantee agrees to
provide Director written notice sixty (60) days in advance of such planned activities, and obtain
Director's written acknowledgement of all plans prior to the commencement of any such activities. Said
acknowledgement shall not be withheld unreasonably, nor shall said acknowledgement be necessary in
any emergency situation or in conducting routine maintenance activities which do not involve
disturbance of the surface area. Grantee further agrees that any excavation shall be made in such a
manner as will cause the least injury to the surface of the ground and any improvements and/or
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6/4)2021 RQ)
landscaping around such excavation, and that the earth so removed shall be replaced and the surface of
the ground and any improvements and/or landscaping around such excavation damaged, shall be
promptly restored by Grantee at its expense to the same condition as existed prior to excavation, to
Director's satisfaction. Grantee agrees to immediately notify Director in writing of completion of such
activities.
Director's acknowledgement of Grantee's construction, excavation activities and/or maintenance plans
shall not be deemed an approval from the standpoint of structural safety, suitability for purpose or
compliance with restrictions or regulations, compliance with regulatory permits for the Project, or
conformance with building or other codes or other governmental requirements. County is not
responsible for construction permitting, construction, excavation and/or maintenance design, or
assumptions or accuracy of Grantee's construction, excavation and/or maintenance plans.
Grantee shall maintain the Easement Area including any improvements constructed or installed by
Grantee or associated with Grantee's use of the Easement Area. The operation and maintenance of such
improvements and of the Easement Area shall be at the Grantee's sole cost and expense.
Grantee shall be responsible for any damage to County property or that of third parties resulting from
any exercise of or omission of rights or duties herein granted or related to this Easement Agreement,
including but not limited to soil erosion, sedimentation and subsidence, mud flow, habitat impacts from
construction or maintenance activities or damage resulting therefrom. Grantee shall promptly repair and
restore to its original condition any of County's property, including, but not limited to, native habitat,
soft surface trails, roads, utilities, buildings and fences that may be altered, damaged or destroyed in
connection with the exercise of rights related to this Easement Agreement. Grantee shall be solely and
fully responsible for any and all impacts to surrounding County property damaged as a result of or the
failure of Grantee's Project and activities related thereto, including but not limited to defective design of
the Project, maintenance activities related to the Project, or a lack thereof, or a failure of the Project to
properly function.
In the event impact or damage to County property occurs, Grantee shall, at its sole cost and expense,
restore and repair the damaged or impacted property to the condition it existed immediately prior to the
damage. Said repair and restoration shall begin within 24 hours of written notice by the County. Grantee
agrees to begin restoration or repair work within 24 hours of the County's notice and diligently
prosecute the repairs and restoration to completion.
Notwithstanding the foregoing, Grantee may make emergency repairs by contacting OC Parks Dispatch
Number (562) 594-7232 and/or Senior Park Ranger at (949) 923-2290 in the event that emergency
repairs need to be done during after hours, and if so required by Director, Grantee shall secure a permit
from OC Parks for the purpose of documenting the emergency work.
Grantee shall have the right to remove, trim, cut and clear away any non-native trees, brush, or invasive
species and re -vegetate the Easement Area with native species consistent with the HMMP
whenever in Grantee's reasonable judgment and the same shall be necessary for the implementation of
Project.
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6!4!2021 RQ)
3. ACCESS (N)
Grantee shall restrict vehicular speeds on and over the access roads to the Easement Area within OC
Parks' property to a maximum speed of ten (10) miles per hour. No vehicle having greater than one -ton
carrying capacity shall be driven on any such access roads, nor shall any vehicle or equipment be parked
on any such access roads without first obtaining a permit from OC Parks.
Grantee shall, at its sole cost and to the satisfaction of the Director, repair any damage to any access
roads within OC Parks' property, excluding normal wear and tear, caused by Grantee to comparable
condition as existed'prior to such damage.
4. ASSIGNMENT (N)
This Easement Agreement is personal and exclusive to Grantee and Grantee shall not assign or transfer
any of its interest, rights or obligations under this Easement Agreement to a third party without
obtaining the Director's prior written consent to such assignment, which consent may not be
unreasonably withheld unless Director determines that any proposed assignee, transferee or grantee (a)
does not intend to use the Easement Area for the intended purposes, or (b) does not, in Director's
reasonable opinion, have the professional capacity or capability (e.g. financial or professional expertise)
to uphold Grantee's obligations under this Easement Agreement.
5. REMOVAL AND/OR ABANDONMENT AND SURVIVAL OF OBLIGATIONS
(PMES3.1N)
In the event Grantee desires to abandon the Easement Area, Grantee shall provide County with ninety
(90) days' prior written notice explaining the circumstances why the Easement Area will be abandoned
and providing evidence, satisfactory to the Director, demonstrating that any and all regulatory agency
requirements and permit requirements have been fulfilled and are in compliance and/or have been
relieved. At Director's request and at no cost to County, Grantee agrees to restore and/or reconstruct the
Easement Area to Director's satisfaction, which may include the removal of or modification of drainage
infrastructure, fencing, signage, and other improvements constructed by Grantee within the scope of the
Project to the satisfaction of Director. After Grantee performs any such removal and/or modifications to
the satisfaction of Director, Grantee shall, at no cost to County, execute and deliver to Director a
Quitclaim Deed sufficient to remove the encumbrance of this Easement Agreement from title, for
recordation in the Official Records of Orange County, California, within ninety (90) days from the date
Grantee's removals and/or modifications have met the satisfaction of Director. Director's satisfaction
shall not be unreasonably withheld. If an abandonment occurs, Grantee's hold harmless and
indemnification obligations, construction and maintenance responsibilities, and restoration obligations
as set forth in this Easement Agreement shall expressly survive the abandonment until five (5) years
from the date the required Quitclaim Deed is properly recorded.
6. REVISION OF LEGAL DESCRIPTION (PMES5.IN)
In the event the legal description described in attached Exhibit A and illustrated in Exhibit B is
subsequently determined to inaccurately describe the location of the Easement Area the Parties agree
that Grantee shall cause the legal description and illustration of the Easement Area to be revised, and
upon written approval of both Parties of the revised legal description and illustration, this Easement
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (61412021 RQ)
Agreement shall be amended so as to replace the original legal description and illustration of the
Easement Area with the revised legal description and illustration and such amended Easement
Agreement shall be recorded by Grantee. The Parties agree that the amendment of Exhibit A and
Exhibit B and the re-recording of the Easement Agreement shall not affect, alter, or change any of the
terms, conditions or reservations of this Easement Agreement and further agree that the amended and re-
recorded Easement Agreement shall relate back and be deemed in place as of the initial date of this
Easement Agreement.
7. COMPLIANCE WITH REGULATORY AUTHORITIES (PMES6.IS)
Grantee shall, at its own cost and expense, promptly and at all times observe, comply with and carry out
all present and future orders, regulations, directions, rules, laws, ordinances, permits, and requirements
of all governmental authorities, including but not limited to environmental regulatory authorities, with
jurisdiction in, on, over and about the Easement Area, which arise from Grantee's use of or performance
of any activities permitted to be conducted or already conducted in, on, over, or across the Easement
Area. Grantee does not have authorization to use County property for mitigation without a permit from
the County. Grantee shall, at its own cost and expense, promptly and at all times observe, comply with
and carry out all applicable regulatory, environmental and safety requirements. Nothing in this
instrument constitutes approval or authorization by the County, acting in its regulatory capacity, of any
activity or project of or by Grantee.
Grantee's activities within Easement Area must be consistent with deed reservations and restrictions,
parkland restrictions, and Orange County Coastal NCCP/HCP requirements. Should any of Grantee's
construction, excavation or maintenance activities within the Easement Area create impacts to the
surrounding NCCP/HCP reserve system lands, Grantee is responsible for all associated permits, and
mitigation/take requirements as may be stipulated by California Department of Fish and Wildlife and
U.S. Fish and Wildlife Service. Grantee must also obtain an OC Parks permit and/or appropriate real
property instrument for any additional mitigation as may be proposed to take place on County property.
In addition, Grantee shall ensure that all construction, excavation and/or maintenance activities in the
Easement Area was and is performed in accordance with any NPDES (National Pollutant Discharge
Elimination System) permit requirements or other water quality statutes, regulations, ordinances, or
permits applicable to such activities, including but not limited to use of appropriate best management
practices, so as to ensure that pollutants are not discharged into the waters of the state.
No approvals or consents given hereunder by County, as a Party to this Easement Agreement, shall be
deemed approval as to compliance or conformance with applicable governmental codes, laws, rules or
regulations.
8. HOLD HARMLESS (PMES7.1S)
Grantee hereby releases and waives all claims and recourse against County, including the right of
contribution for loss of or damage to property, or injury to or death of any person, arising from, growing
out of or in any way connected with or related to this Easement Agreement, except claims arising from
the concurrent active or sole negligence of County, its officers, agents, employees and contractors.
101
Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6/4/2021 RQ)
Grantee hereby agrees to indemnify, defend (with counsel approved by County), and hold harmless,
County, its elected and appointed officials, officers, agents, employees and contractors against any and
all claims, losses, demands, damages, cost, expenses or liability for injury to any persons or property,
arising out of the maintenance, use of, or operations or activities conducted in, on or over the Easement
Area, and/or the exercise of the rights under this Easement Agreement by Grantee, its agents, officers,
employees, invitees or licensees including, but not limited to, use of the Easement Area by members of
the general public. Grantee's indemnity obligations shall not extend to any liability arising out of the
concurrent active or sole negligence of County, its elected and appointed officials, officers, agents,
employees or contractors including the cost of defense of any lawsuit arising therefrom. If County is
named as co-defendant in a lawsuit, Grantee shall notify County of such fact and shall represent County
in such legal action unless County undertakes to represent itself as co-defendant in such legal action, in
which event, Grantee shall pay to County its litigation costs, expenses, and attorneys' fees. If judgment
is entered against County and Grantee by a court of competent jurisdiction because of the concurrent
active negligence of County and Grantee, County and Grantee agree that liability will be apportioned as
determined by the court. Neither Party shall request a jury apportionment.
Grantee acknowledges that it is familiar with the language and provisions of California Civil Code
Section 1542 which provides as follows:
A general release does not extend to claims which the creditor or releasing party
does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
Grantee, being aware of and understanding the terms of Section 1542, hereby waives all benefit of its
provisions to the extent described in this section.
9. GRANTEE'S LIABILITY FOR HAZARDOUS OR TOXIC MATERIALS (PMES8.IN)
Grantee shall not allow, cause or permit, or allow any of its agents to cause or permit "Hazardous
Material," as hereinafter defined, to be brought upon, kept, or used in or about the Easement Area. If
Grantee breaches the obligations stated herein, or if contamination of the Easement Area by Hazardous
Material otherwise occurs for which Grantee is legally liable to County for damage resulting therefrom,
then Grantee shall indemnify, defend with counsel approved in writing by County, and hold harmless,
County, and its elected or appointed officials, officers, agents, and employees from any and all claims,
judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation,
diminution in value of the Easement Area, sums paid in settlement of claims, attorney fees, consultant
fees, and expert witness fees) which arise during or after Grantee's use of the Easement Area as a result
of such contamination. This indemnification includes, without limitation, costs incurred by County in
connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration
work required by any federal, state, or local governmental entity or agency because of Hazardous
Material being present in the soil or ground water under the Easement Area. Grantee shall promptly
take all action, at its sole cost and expense, as is necessary to clean, remove, and restore the Easement
Area to its condition prior to the introduction of such Hazardous Material by Grantee, provided Grantee
shall first have obtained Director's written approval and the approval of any necessary governmental
entities or agencies for any such remedial action.
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (614/2021 RQ)
As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material, or
waste which is or shall become regulated by any governmental entity or agency, including, without
limitation, County acting in its governmental capacity, the State of California, or the United States
government.
10. RESERVATIONS (PMES9.1N)
County hereby reserves for itself and its successors and assigns, such surface, subsurface and aerial
rights in the Easement Area as will not unreasonably interfere with or prohibit the use by Grantee of the
rights and easement herein granted. County further reserves the right to grant easements, rights of way,
and permits in, over, upon, through across and along any and all portions of the Easement Areas as will
not interfere unreasonably with or prohibit the use by Grantee of the rights and easement herein granted.
11. CONVEYANCE SUBJECT TO EXISTING INTERESTS (PMES10.1S)
This Easement Agreement is subject to existing contracts, leases, licenses, easements, encumbrances,
and claims which may affect the Easement Area, and the use of the word "grant" herein shall not be
construed as a covenant against the existence of any thereof.
Nothing contained herein, or in any document related hereto, shall be construed to imply the conveyance
to Grantee of rights in the Easement Area which exceed those owned by County, or any representation
or warranty, either express or implied, relating to the nature or condition of the Easement Area or
County's interest therein.
12. TAXES AND ASSESSMENTS (PMES11.2S)
This Easement Agreement may create a possessory interest which is subject to the payment of taxes
levied on such interest. It is understood and agreed that all taxes and assessments (including but not
limited to said possessory interest tax) which become due and payable upon the Easement Area or upon
fixtures, equipment, or other property installed, constructed or used by Grantee thereon in connection
with this Easement Agreement, shall be the full responsibility of Grantee, and Grantee shall cause said
taxes and assessments to be paid promptly when due.
13. NOTICES (PMES 12.1 S)
All notices, documents, correspondence and communications concerning this Easement Agreement shall
be addressed as set forth in this Section, or as the Parties may hereafter designate by written notice and
shall be sent through the United States mail with postage prepaid. Any such mailing shall be deemed
served or delivered twenty-four (24) hours after mailing. Each Party may change the address for notices
by giving the other Party at least ten (10) calendar days' prior written notice of the new address.
Notwithstanding the above, either Party may also provide notices, documents, correspondence, or such
other communications to the other by personal delivery or by FedEx or similar courier service and so
given shall be deemed to have been given upon receipt.
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6/412021 RQ)
To County: County of Orange
coo OC Parks
13042 Old Myford Road
Irvine, CA 92602-2304
Attention: Real Estate Section
To Grantee: City of Newport Beach
Public Works Department
P.O. BOX 1768
Newport Beach, CA 92658-1768
Attention: City Manager
14. VENUE (PMES 13.1 S)
The Parties hereto agree that this Easement Agreement has been negotiated and executed in the state of
California and shall be governed by and construed under the laws of California. In the event of any
legal action to enforce or interpret this Easement Agreement, the sole and exclusive venue shall be a
court of competent jurisdiction located in the County of Orange, California, and the Parties hereto agree
to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
Section 394. Furthermore, the Parties hereto specifically agree to waive any and all rights to request that
an action be transferred for trial to another county.
15. WAIVER OF RIGHTS (PMES 14.1 S)
The failure of County to insist upon strict performance of any of the terms, covenants, or conditions of
this Easement Agreement shall not be deemed a waiver of any right or remedy that County may have,
and shall not be deemed a waiver of the right to require strict performance of all the terms, covenants,
and conditions of the Easement Agreement thereafter, nor a waiver of any remedy for the subsequent
breach or default of any term, covenant, or condition of this Easement Agreement.
16. SEVERABILITY (PMES 15.1 S)
If any term, covenant, condition, or provision of -this Easement Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall
remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
17. ATTORNEYS' FEES (PMES16.1S)
In any action or proceeding brought to enforce or interpret any provision of this Easement Agreement,
or where any provision hereof is validly asserted as a defense, each Party shall bear its own attorneys'
fees and costs.
18. SUCCESSORS AND ASSIGNS (PMES18.1S)
The terms, covenants, and conditions contained herein shall apply to and bind the heirs, successors,
executors, administrators and assigns of the Parties hereto.
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (614!2021 RQ)
19. AMENDMENTS (PMES17.1S)
No alteration or variation of the terms of this Easement Agreement shall be valid unless made in writing
and signed by the parties, and no oral understanding or Easement Agreement not incorporated herein
shall be binding on any of the Parties. Any amendment or cancellation of this Easement Agreement
shall be recorded in the Official Records of the County of Orange.
20. CALENDAR DAYS (N)
Any reference to the word "day" or "days" herein shall mean calendar day or calendar days,
respectively, unless otherwise expressly provided.
21. AUTHORITY (PMES20.1S)
The Parties to this Easement Agreement represent and warrant that this Easement Agreement has been
duly authorized, executed, and constitutes the legally binding obligation of their respective organization
or entity, enforceable in accordance with its terms.
22. HEADINGS (N)
The headings in this Easement Agreement are for convenience of reference only and shall not limit or
otherwise affect the meaning hereof.
23. NO ABILITY TO GRANT EQUAL OR LESSER INTERESTS (N)
This Easement Agreement is granted by County only for the limited purposes of Grantee as described
herein. Grantee shall not have the ability to grant equal or lesser interests in the Easement Area,
including but not limited to easements, licenses or permits. Any such grant shall be null and void and in
County's discretion may result in the abandonment of the easement by Grantee.
24. ENTIRE EASEMENT AGREEMENT (PMES 19.1 S)
This Easement Agreement contains the entire agreement between the parties with respect to the matters
herein and there are no restrictions, promises, warranties or undertakings other than those set forth or
referred to herein.
IlI
[Signature Page Follows]
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Easement Agreement firm County to City of Newport Beach
PR47D-351
REV (614/2021 RQ)
IN WITNESS WHEREOF, the Parties hereto have caused this Easement Agreement to be executed on
the dates written below. This Easement Agreement shall not be effective for any purpose unless and
until an appropriate Certificate of Acceptance, is duly executed by Grantee and it, along with this
Easement Agreement, are properly recorded.
County
COUNTY OF ORANGE, a political subdivision the State
of California
By:
Chairman of the Board of Supervisors
Orange County, California
Signed and certified that a copy of this
document has been delivered to the Chairwoman
of the Board per G.C. Sec. 25103,
Resolution 79-1535. '
ATTEST:
Robin Stieler
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
Office of the County Counsel
Orange County, California
By:
Date: 6-4-2021
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Fasement Agreement from County to City of Newport Beach
PR47D-351
REV (6/412021 RQ)
CERTIFICATE OF ACCEPTANCE
Pursuant to the authority conferred by Resolution No. 92-82 adopted July 27, 1992, of the City of
Newport Beach, State of California, the undersigned officer on behalf of the City of Newport Beach
hereby acceptsthe interest in real property conveyed by the Easement Agreement dated
y�� ZL Z�� from the County of Orange and requests recordation of said document.
CITY OF NEWPORT BEACH, a California municipal
corporation
Dated: f _•_z� By:
G Leung, City Manager
APPROVED AS TO FORM:
By:
�on C. H ty torney
ATTEST:
r
By:
Leilani I. Brown, Ciy Clerk
(SEAL)
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Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6/4/2021 RQ)
ACKNOWLEDGMENT
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
Col of O Rwa46 tc ss. 11
On 3 20Z J 1 before me, ENN1F€82 ANN b Notary
Public, personally appeared G R►q C.E K • L.EV N b , who proved to me
on the basis of satisfactory evidence to be the person(&) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in hWher/their authorized
capacity(ies), and that by h46/herAheir signatures(e) 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.
S m hand and official seal. Jennifer Ann Mulvey
Y � COMM #2214138 a
'
W Notary Public California A
k uy�,a��, ORANGE COUNTY
MyCommissionExpires Oct 12,2021
t,
(seal)
ACKNOWLEDGMENT
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. I
State of California
County of L!k3LfWjrzss. //����
On PwALL 2. 20�� before me, 03q"Sh%_X R0`Dllr►SDn Notary
Public personally appeared ,<r'IfjfX' _ ,proved to me on
the basis of satisfactory evidence to be the person(s) whose name(s) islare 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
paragraph is true and correct.
IT my and and official seal.
Signature
13
Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6.4/2021 Rt)
the State of California that the foregoing
I CHRISTINE ROBINSONm
COMM. #2359851 . j
NOTARY PUBLIC. CALIFORNIA ()
tll ORAWECOUNrY
MY cOWL Fomes JuW 1, 2025
(seal)
Exhibit A
Description of the Easement Area (PR47D-351)
14
Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6/4/2021 RQ)
I EXHIBIT "A"
2
3 LEGAL DESCRIPTION
4
5 COUNTY OF ORANGE
6 DRAINAGE EASEMENT
7
8 PR47D-351
9
10 That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
11 California, being that portion of Parcel 301(A) of that certain Irrevocable Offer of Dedication to the
12 County of Orange recorded July 24, 1989 as Instrument No. 89-388787 of Official Records in the
13 Office of the County Recorder of said Orange County, described as follows:
14
15 COMMENCING at the intersection of the centerline of Mesa Drive with the centerline of Cypress
16 Street as shown on Record of Survey 2013-1134 filed in Book 273, Pages 36 through 44 of Record of
17 Surveys in said Office of the County Recorder of Orange County; thence along said centerline of Mesa
18 Drive South 49°22'16" East 1158.91 feet to the easterly boundary line of Parcel 1 as shown on a map
19 filed in Book 21, Page 8 of Parcel Maps in said Office of the County Recorder of Orange County, said
20 point being marked by a spike and washer stamped "Orange County Surveyor 6191R1" as shown on
21 said Record of Survey; thence along said easterly boundary line through the following courses:
22 South 40°37'44" West 300.00 feet, South 49°22'16" East 12.14 feet and South 13°37'44" West 174.51
23 feet to the northerly line of said Parcel 301(A), said point being on a non -tangent curve concave
24 northerly and having a radius of 1550.00 feet, a radial line of said curve from said point bears
25 North 08'10'26" East; thence along said northerly line and said curve easterly 25.36 feet through a
26 central angle of 00'56'15" to the TRUE POINT OF BEGINNING; thence leaving said northerly
27 line, non -tangent from said curve South 36°32'58" West 136.93 feet to the southerly line of said Parcel
28 301(A), also being the northerly line of Parcel 1 of that certain Corporation Grant Deed to the State of
29 California recorded April 22, 1975 in Book 11382, Page 1898 of Official Records in said Office of
30 the County Recorder of Orange County, said point being on a non -tangent curve concave northerly
31 and having a radius of 1562.00 feet, a radial line of said curve from said point bears
32 North 08°13'34" East; thence along said southerly line of Parcel 301(A) and said northerly line of
33 Parcel 1 and said curve easterly 174.72 feet through a central angle of 06°24'32"; thence leaving said
34 southerly and northerly lines, non -tangent from said curve North 14°08'03" West 122.33 feet to said
35 northerly line of Parcel 301(A), said point being on a non -tangent curve concave northerly and having
Page 1 of 2
County of Orange
Drainage Easement
Exhibit "A"
36 a radius of 1550.00 feet, a radial line of said curve from said point bears North 04°54'41 " East; thence
37 along said northerly line and said curve westerly 62.90 feet through a central angle of 02119'30" to the
38 TRUE POINT OF BEGINNING.
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
545
CONTAINING: 14,072 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.
/ —141V^ 0, 0'0'eh 3/31/2021
Kevin D. D. MacDonald, L.S. 8431 Date
Michael Baker International
5 Hutton Centre Drive, Suite 500
Santa Ana, California 92707
JN 145986
H:1plata11459&61Admin\Legals1145986-Basin-0ounty Lgl.docm
Page 2 of 2
Exhibit B
Depiction of the Easement Area (PR47D-351)
15
Easement Agreement from County to City of Newport Beach
PR47D-351
REV (6!4/2021 Rt)
c% t- �
z
i2 >1Z
}i!9
C3 P.O.C. m
J
MESA DRIVE
C) L1
n
LINE DATA TABLE
NO. 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 N14'08'03'W 122.33'
b,Q+
QOO�
S49°22'16"E 12.14'-:
DO (N50°11'45"W 1) 14')R2
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.
i SPIKE & 1 1/2" WASHER STAMPED "ORANGE COUNTY+
SURVEYOR 6191R1" PER R1 I
FOR. LOT 152
BLOCK 51
JRV1NE'S SUBDJVJSJON /
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C\
EXHIBIT "B"
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N08°10'26"E ~
— G1
(RAD — —
LRM DESGAMMM wR
COUMY OF ORANGE
DRAINAGE EASEMENT
CONTAINING: 14,072 S.F. +/-
o• •
"f QPR O¢
R3
R3
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PM D -M
e N08°13'34"E
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MARCH 31. 2021 .R4 145986
CURVE
DATA TABLE
NO.
DELTA
RADIUS
LENGTH
Cl
00°56'15"
1550.00'
25.36'
C2
06`24'32"
1562.00
174.72'
C3
02°19'30"
1550.00'
62.90'
C4
23°35'18"
1550.00'
692.23')
C5
(53-32'51-
1 1562.00'
1459.81'
FOR. LOT 152
BLOCK 51
JRV1NE'S SUBDJVJSJON /
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EXHIBIT "B"
�. \oma . • � /4�
lz ate\
N08°10'26"E ~
— G1
(RAD — —
LRM DESGAMMM wR
COUMY OF ORANGE
DRAINAGE EASEMENT
CONTAINING: 14,072 S.F. +/-
o• •
"f QPR O¢
R3
R3
ell cQ
G i
r
PM D -M
e N08°13'34"E
7RADj —
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INTERNATIONAL
6 HuMm Cwft D*e, Bub 00
Saos An% CA 92707
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MARCH 31. 2021 .R4 145986