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HomeMy WebLinkAboutC-1718 - Paseo System in Spyglass Hill areaCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd, Area Code 714 673 -2110 DATE ffi=Mbw 20_ 1974 TO FINANCE DIRECTOR FROM: City Cleric SUBJECT: Contract No. 1718 Description of Contract hit zz�g4» Authorized by Resolution No. 050 , adopted on ," n Effective date of Contract Sq*wbor 18, 1975' i Contract with fit* I2Vin0 Oosgetty Address 610 tymq t cwtw Drive magmt BWA*l Amount of Contract Mmintu m m of hits Nmuobw 20, 1975 rr7m 41* L=a T" oc CLty Clork r.Lsoik am. CO3 Jim Wfiplm" ralsk Omqmw Gail Pidort, PtdliC WWks PIEA5;: I'ETURN TO: � !AJ r ! '.F '!OS, CITY CE K�S "100g 8 q RECORDED IN OFFICIAL- RECORDS Ca C F r -EW-P T 7BEACH �} CJ at OF ORANGE COUNTY, �°� "_-.'� C RN 330o NEWPORT 3EAClf, CALIF. 42660 EXEMPT 9-W A.M. SEP,) "9t 1975 C$ „ Pursuant to Government Code 6103 the City of Newport Beach requests free ecord iT'on - PASEO SYSTEM AGREEMENT - ��z , a. �. THIS AGREEMENT is made this day, of > 1975 -between THE IRVINE COMPANY, a West Virginia corporation,', "Irvine" herein, and the CITY -OF NEWPORT BEACH, a municipal corporation, "City" herein. RECITALS Irvine is the owner of pertain real property within the City in the area known as Spyglass Hill and Bayview Apartments. In connection with the establishment of final subdivision tract maps for portions of Spyglass Hill within. Tract, Nos. 75.11, 7386 and 7844 the City has required that provision be made for the creation and maintenance of a certain trail system to be used by the public for pedestrian and bicycle trails and related recreational purposes. Such trail system. is described in drawings entitled "Spyglass Hill Paseo System:", "Bayview Apartment.Segment", "Pacific View Memorial Park Paseo Segment" and "Tracts 7511, 7844, 7386", prepared by William. H. Patrick & Associates and Patrick/Begin, all of which are.incorporated herein, marked Exhibit "A" and by this reference made a part •hereof (hereinafter the "Plans") Portions . of the proposed trail system will- .lie within easement areas previously granted to Southern California Edison Company for utility purposes and portions of the pr-oposed trail system lie within the dedicated right of way for streets within said tracts Irvine and the City desire to 'provide for the establishment of a public easement for the trail system and to provide for the installation and maintenance thereof upon the terms and conditions hereinafter set forth. CD 7n Tla � c.a BX 11523PG 1 152 W I T Tv E S S E T HD 1. Installation of Improvements. Irvine agrees to create the trail system by installing, at no expense to the City, those improvements set forth in the Plans. 2. Easement. Forthwith upon completion of the, f. improvements in .accordance with the Plans, Irvine agrees to grant to the City, and the City agrees to accept from Irvine, an easement for the trail system in the form set forth in the easement deed attached hereto marked Exhibit "B" and by this reference made a part hereof, 3. Maintenance. Upon the grant by Irvine and the acceptance by the City of the easement, City agrees to thereafter maintain the improvements installed"in accordance with the Plans at City's expense for so long as the _trail system exists. 4. _Entryway, Construction and Maintenance. City agrees to grant to Irvine, its successors or assigns, with the right in Irvine to grant and transfer the same, access rights to construct and maintain the walls shown on the Plans at the intersections of Spyglass Hill Road and San Joaquin Hills Road and El Capitan Drive. and San. Joaquin Hills Road. 5. Harbor Day School. A portion of the proposed.trail system falls on property of Harbor Day School adjacent to San. Joaquin Hills Road: It is contemplated that an easement in.the same form as Exhibit "B" attached hereto will be obtained from Harbor Day School by the City,- and Irvine agrees to install the improvements required by the Plans on the property covered by. that easement and the City agrees to accept such easement .upon i completion of the improvements and to thereafter maintain the easement and the improvements thereon at no expense to Irvine or Harbor Day School for so long as the trail system continues in existence. 9 - OKI 1523PG 1153 6. Survival and Scope. This Agreement shall constitute the entire agreement between City and Irvine with respect to the items described herein. The terms of this Agreement with respect to the maintenance of various easement areas shall survive the recording of the instruments creating the easement. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written. 1►�E CG THE IRVINE COM P g E Vice eside y r.VIRGIN�P sszstant ecretary CITY. OF NEWPORT BEACH By AP D ASf`Ofk"ORM: Mayor ,` • ATTEST: e �` City Clerk 8K t 1523PG d- 155 GRANT OF EASEMENT HARBOR DAY SCHOOL, a non-profit California corporation, hereby GRANTS to the CITY -OF NEWPORT BEACH, a municipal corporation, an easement to reconstruct, maintain, -.operate, repair -and improvd pedestrian and bicycle trails, landscaping,.'. -water linea and appurtenances, hereinafter "collectively referred -to as "Paseo"..'' in, ,under, over, along and across real property situated in the City of Newport Beach, County of Orange, State ;of California,. described as follows: That portion of Parcel.No..2 as per map filed in Book 35, page 2 of Parcel claps lying Southerly of the following described linea Beginning at a point on the -Easterly Line of said Parcel- No.,2 distant North 10 569 50" East 28.60 feet from the,. Southeast corner thereof; thence North 88° 089 3519 West. 325.98 feet; thence. North 82 34' 169'" West 10448 .feet; thence North 87° 359 30" West 364.60 feet to a.point an the Westerly line of said Parcel No. 2.distant thereon ` North 140:40' 56" East 29".73 feet from the Southwest = cornier. thereof SUBJECT TO easements and rights of way of record 'or apparent., RESERVING UNTO GRANTOR, its successors and assigns',.the right to use said land for any purpose that will"not in any way interfere with the use by. Grantee of this easement,including but not limited to the right to construct, relocate, repair, maintain and use under- ground conduits and pipelines in, on, over, across, under and along said land. Grantee shall not be obligated to relocate its. facilities to accommodate any exercise of the 'rights retained herein by Grantor; except that Grantee may, in its discretion, permit such relocation BX 1 1523PG 1 156 provided the expense is borne by Grantor or others. The easement granted hereby shall continue so long as'the property which is the subject of such easement is used for Paseo purposes and to the extent that said easement area is used under the authority of Grantee, its successors or assigns, for other purposes or 'shall be abandoned, then the easement hereby granted shall terminate and all right, title -and interest granted hereby shall revert to Grantor, its successors or assigns. By acceptance of this easement, the City of Newport Beach acknowledges.that it will maintain said Paseo and accept the improvementsj,�_-onstructed therein. DATED HARBOR. DAY SCHOOL By, By ACCEPTED BY THE CIT?' OF NEWPORT BEACH THIS DAY OF -197,6. By By City Crerk STATE. OF CALIFORNIA ) ss COUNTY OF ORANGE ) .On before me; the undersigned, a Notary.Public in and for said County and State, personally appeared , known to me. to be the and , known to me to be.the of , the corporation t at executed the within instrument, an2 known to me to be the persons who executed the within instrument on behalf of the said corporation, and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its board of directors. WITIIESS my hand and official seal. Notary Public in and for said County and State 2 BK 1 15 3P61.157 SOUTHERN, CALIFORNIA EDISON COMPANY, a corporation, Grantee ` under -easements of record affecting the real property described in the foregoing'Grant Of Easement, hereby consents to.said. Grant of Easement. SOUTHERN CALIFORNIA EDISON COMPANY Ey Ey See. letter from Southern California Edison coutpany dated 10-23,73, STATE OF CALIFORNIA ) ss COUNTY OF • ORANGE ) On , before me, the.undersigned,.a Notary Pu 'ic in and or said County and State, personally appeared , known to me to be the and ,.known to me to be the 5 0 , , the corporation tat executed the wit in instrumentan known to me to be the persons who.executed the within iastrumen� on behalf of the said corporation, and acknowledged to me that such corporation executed the same pursuant to its by-laws or.a resolution of its board of directors.. WITNESS'my hand and official seal. Notary Yu is in and for said County and State LAUPA [..GfOS, CITY CLERK F p� „_ pp RD" N t PO f BE-kC , C��iLI 92660 STATE OF CALIFORNIA, ss. UA • 152'CTG' 154 c COUNTY OF ORANGE 4 ON September 24 , 19_7_, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald A McInnis, Mayor of City of Newport Beach and Laura Lagios City Clerk of Newport Beach known to me, to be the persons whose names are subscribed to the within Instrument, R j TQC, Ro y HY L � I and acknowledged to me that they executed the same. N ) jPyPJ�LiC-Ce ' ,LIF (3�aiA � WITNESS my hand and official seal. pr r Pi iINCWL OFFICE IN If O ORANGE insCOi1idTY ✓fy Commission Expires Feb, 9, 19 Notary Public in and for said State. ACKNOWLEDGMENT—General—Wolcotts Form 233—Rev. 3-64 TO 446 C (5-73) (Corporation as a Partner of a Partnership) TITLE INSURANCE STATE. OF CALIFORNIA SO AND TRUST SS ATICOR COMPANY COUNTY OF_ ORAN F J On _ September 18 1975 before me, the undersigned, a Notary Public in and for said State, personally appeared—F''ra.nk E. HtIgheS Vic President, V. Irvine Company known to me to be the President, and Sands known to me to be the AS S i S 2 Secretary of The nt the within instrument and known to me to be thewho the corporation that executed ersons executed the within instrument on behalf of said corporal on. said corporation being known to me to be one of the partners of that executed the within instrument, and acknthe owledged tosm)e that such corporation executed the same a tteh partner and that such par )p executed the same. WITNESS myh and official seal./' a Signaturk JoAnr>;i Elliott i Name (Typed or Printed) ♦9®♦4®®iiivi0�♦i;s46oa��raara�+P o + � OFFICIAL SEAL JoAnne Elliott s NOTARY PUBLIC - CALIFORNIA PR{NCIPAL OF,:[C.E IN 10 O 8 ORI.NCE COUNTY MY ® My Commission Expires Jan. 28, 1979 4 e (This area for official notarial seal) EXHIBIT "C" ;VIA -,COPY Southern California E"dis®n Company P. O. BOX 800 Rr /� 2244 WALNUT GROVE AVENUE OKI f 521 Y r�` 1 1 58 RIGHT OF WAY AND LAND DEPT. ROSEMEAD, CALIFORNIA 91770 P. B,K MANAGERAGER Oto � 23 1913 The o`Ri :; 610 Newport Cantor Drive Newport Beach,, 92660 -)Att*fttiOn' Mr. "ry W. Cook Project manager Residential '. d MME Santiago -Crown 66 KV T/L R/W The Irvine compaay�",*ad the City of Newport Beach P"*o System We F approved Hill pasoo System :q complieduin/ftills Road from Marguorite Avenue to El capiten as jh� on — the attached drawinis provided the following conditions are 1. All equipment working on the right of way 13t maintain minimumclearance of 15 feet fir. m all overhead conductors. structures must be provided ..d',u't' . time is there to be any interference with ... free movement Edison Companyequipment 53. FlallZmAble materials =wt not be stored on the right of way. 4. Construction area must be watered down periodically Prevent dust contamination ofEdison Company Any trees or Plants within the license area shall be maintained by the City of Newport Beach and shall not P BK 1 1523Fs 1 159 o Frpft October structuresAdditional permitted license area. Botch13. ComoraiAl-type driveways 20 foot wide with rolled curb c*pable of supporting 40 to" on a thr"-axlie truck shall be iU6t&ll*dt " shown on the oittachod prints, (14.) The tity of Newport Botch shall be respomiblis for maintaining the Pasoo System and all Cost* "OOCIAtOd with said maintenance. In addition, the Uty of Newpo, the m � oSystem yr,yg a Construction . u future underground electrical lines. 13. Final ploom., including gradins must be submitted Soutboastern Transmission Divistaon"for approval prior to Oommoneeneat $. S construction. If this moots with your =Oval', ploaso so indicate by signing the onelosed copy of letter p to K 11523P61160 The Irvine Company 0610 October 23, 1973 bould "ut havoaxx regards this matter, pl"sa fool freo to toutact our , + ► ,i (714) $35-3833, exton� ion 306 or by wry. l g to P. . 2,30 `, Santa , California, 92707. Enclosers Agre*d and accepted t o „ 1975. THE IRVI TU CITY OF NZWPOR CH Mayor'�' \ 6'+ DaI4cl° g� ATTEST° �n City Clerk r June 23, 1975 PBF,R Director Spyglass Hill Paseo System C -1718 Enclosed are the original and three copies each of the following documents to be transmitted to The Irvine rompany for execution: Paseo System Agreement with Exhibit B (Grant of Easement from the Harbor Day School) Grant of Easement from The Irvine Company Letter of Agreemant between The Irvine Company and the Southern California Edison Company After said documents have been signed, please return the original of each document to my office, and we will send them to the County Recorder for recordation, Laura Lagios City Clerk LL:swk enc. i n � • 46. RESOLUTION NO. 8509 A RESOLUTION OF OF NEWPORT BEACH CLERK TO EXECUTE OF NEWPORT BEACH ESTABLISHMENT OF HILL AREA CHE CITY COUNCIL.OF THE CITY AUTHORIZING THE MAYOR AND CITY AN AGREEN[ENT BETWEEN THE CITY AND THE IRVINE COMPANY FOR THE A PASEO SYSTEM IN THE SPYGLASS 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 the j establishment of a Paseo System in the Spyglass Hill area; and WHEREAS, the City Council has considered the terms and conditions of said agreement, and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said 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 9th day of June , 1975, Mayor ATTEST: City Clerk