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
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41*
L=a T" oc
CLty Clork
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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
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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