HomeMy WebLinkAboutC-1812 - Jamboree Road Bike Trail40 40
May 14, 1976
PUBLIC WORKS DEPARTMENT
Attention: Don Webb
Jamboree Road B14.Trail
Agreement and Grant of Easement from the Department of
Fish and Game, State of California
Attached are four copies of the subject agreement 4ad
Grant of Easement executed by the Mayor and the City
Clerk. After execution by the State, please see that
an executed copy is returned to us. Also attached is a
certified copy of Resolution No. 8762 authaoizing the
City to accept the Easement.
City Clerk's Office
M&
One.
' � M
WHEN RECORDED MAIL TO
Office of City Clerk
City of Nevport Peach
City hall - 3300 Newport Blvd.
Newport Eeach, California 92660
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Agency: Department of Fish and Gams
AGREEMENT AND GRANT OF EASEMENT Pro]ect: upper Newport Bay
Parcel:
THIS AGREEMENT AND GRANT OF EASEMENT is made and entered into by and between the STATE OF
CALIFORNIA, acting by and through its DIRECTOR OF GENERAL SERVICES, hereinafter called State,
and the City of :ie` port Beach hereinafter called Grantee.
The State, pursuant to the provisions of Section .14666 of the Government Code of the State of California,
and in consideration of the sum of $ 1.00*► , receipt of which is hereby acknowledged, does grant
unto Grantee, its successors and assigns forever, an easement over, On, under, and across those
two parcels of land situate in the County of Orange, State of California, de-
scribed in the attached exhibits marked "Exhibit A" and "Exhibit B" respectively,
designated as Parcel 1 and Parcel 2; also as delineated and shown in attached
drawing marked "Exhibit C" and bearing ilo. R/W- 5297 -L; for the purpose of
constructing., installing, operating and maintaining necessary fill emben nts
bicycle trail paving, drainage facilities, bridge structure, erosion control
landscaping, and other improvements related to bicycle trail construction,
operation and maintenance; and for the purpose of operating and maintaining
thereon a bicycle trail for public use.
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT
Dated
STATE OF CALIFORNIA
Department of General Services
By
APPROVED: Department of Fish and Care
By
GRY TEE The City of Newport Beach
Mayor
J
City Clerk
t
This is to certify that the interest in real property conveyed by the
deed or grant dated
ti
The State of California$ Department of Fish and Came
from
to the City of Newport Beach, a municipal corporation, is hereby accepted
by order of the City Council on the loth day of May
1° 76 and the grantee consents to recordation thereof by its duly
authorized officer.
Dated: May 13 7.976 By
City Clerk of tkoo City
R -8762 of Newport Beach
PROVIDED, this Grant of Easement is subject to the following terms and conditions:
This Grant is subject to existing contracts, leases, licenses, easements, encumbrances, and claims
which may affect said property and the use of the word "Grant" herein shall not be construed as a
covenant against the existence of any thereof.
2. Grantee waives all claims against the State, its officers, agents, and employees, for loss or damage
caused by, arising out of, or in any way connected with the exercise of this Easement, and Grantee
agrees to save harmless, indemnify, and defend State, its officers, agents, and employees, from any
and all loss, damage or liability which may be suffered or incurred by the State, its officers, agents,
and employees caused by, arising out of, or in any way connected with exercise by Grantee of the
rights hereby granted.
3. State reserves the right to use the said real property, in any manner, provided such use does not
unreasonably interfere with Grantee's rights hereunder.
4. State reserves the right to require Grantee, at State expense, to remove and relocate all improvements
placed by Grantee upon the said real property, upon determination by State that the same interfere
with future development of State's property. Within 180 days after State's written notice and demand
for removal and relocation of said improvements, Grantee shall remove and relocate said improvements
to a feasible location on the property of the State, as designated by State, and State shall furnish
Grantee with an easement in such new location, on the same terms and conditions as herein stated,
and without cost to Grantee, and Grantee thereupon shall reconvey to State the easement herein granted.
5. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to use
said Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon
service of written demand, deliver to State a quitclaim deed, to its right, title and interest hereunder,
and shall, on State request, without expense to State, and within 90 days from written demand by
State, remove all property placed by or for Grantee upon said property and restore said premises as
nearly as possible to the same condition they were in prior to the execution of this Easement. In the
event Grantee should fail to restore the premises in accordance with such request, State may do so
at the risk of Grantee, and all cost and expense of such removal and restoration shall be paid by
Grantee upon demand.
This is to certify that the interest in real property conveyed by the
deed or grant dated
The State of California: Department of 'Fish and Came
from
to the City of Newport Beach, a municipal corporation, is hereby accepted
by order of the City Council on the loth day of
1Q 76 , and the grantee consents to recordation thereof by its.duly
authorized officer.
Dated: May 19{ 1976 By:
R -8762 City Clerk of t City
of Newport Beach
M
1:1
City of Newport Beach - Public ':orks Department
DESCRIPTION FORM
Exhibit A
P,iJ?ECT
SLOPE
CONSTRUCTION & BICYCLE TRAIL EASEMENT
PARCEL NO. I
LOCATION
ALONG
JAMBOREE ROAD
REF. DWG. R /W- 5297 -L
PURPOSE
DATE 2/25/76
PREPARED AIM CHECKED BB PROOFED AIM
That portion of Blocks 51 and 57 of Irvine's Subdivision as per Map filed 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 northerly right -of -way line of
Eastbluff Drive, 84.00 feet in width, as described in Parcel 2 in the deed
to the City of Newport Beach recorded in Book 6901, Page 207 of Official
Records of Orange County and a line parallel with and 70.00 feet westerly,
measured at right angles, from the westerly right -of -way line of Jamboree
Road, 132.00 feet in width, as described in the deed to the City of .
Newport Beach recorded in Book 11362, Page 1553 of said Official Records;
thence northerly to the intersection of the westerly prolongation of the
southerly boundary line of the right -of -way line of Jamboree Road, 132.00
feet in width, as described in the deed to th,3 City of Newport Beach
recorded in Book 6135, Page 155 of Official Records and a line parallel
with and 50.00 feet westerly, measured at right angles, from the westerly
right -of -way line of last said Jamboree Road; thence northerly along said
parallel line to course No.160 described as "South 68020'16" blest 563.43
feet" in that certain Corporation Grant Deed recorded Aoril..22, 1975 in
Book 11382, Page 1876, Document No.17995; thO1ce northeasterly along said
course No.160 to said westerly right -of -bray iine of Jamboree Road 132.00
feet in :rdth; thence southerly along said westerly right -of -way line of
Jamboree Road as described in said deeds recorded in Book 6135, Page 155
and in Book 11362, Page 1553 of Official Records to said northerly right -
of -,nay l';n of Eastbluff Drive; thence westerly along said right-of-way
line of Eastbluff Drive to the Point of Beginning.
PA? JECT
LOC:ATTON
PUPPC E
PREPARED
N
Exhibit B
City of N ort Beach - Public Works Department
DESCRIPTION FORM
SLOPE CONSTRUCTION 8 BICYCLE TRAIL EASEMENT PARCEL NO. 2
ALONG JAMBOREE ROAD
AIM
REF. DWG. R /W- 5297 -L
DATE 2 -25 -76
CHECKED BB PROOFED
AIM
That portion of Block 51 of Irvine's Subdivision as per Map filed 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 westerly right -of -way line. of
Jamboree Road, 132.00 feet in width, as described in the deed to the City
of Newport Beach recorded in Book 6135, Page 155 of Official Records of
said county and course No. 163 described as. "Easterly 124.57 feet along
said curve through an angle of 1052'33" to said westerly right -of -way
line" in that certain Corporatiun Grant Deed recorded April 22, 1975 in
Book 11382, Page 1876, Cocument No. 17995; thence westerly along said
course two. 163 to a line parallel with and 100.00 feet measured at right
angles from said westerly right -of -way line of Jamboree Road; thence
northerly 85.00 feet along said parallel line; thence easterly along a
line parallel with said course No. 163 to a line parallel with and 5.00
feet westerly, measured at right angles. from said westerly right -of -way
line of Jamboree Road; :hence northerly 250.00 feet along last said
parallel line; thence westerly at right angles to said Jamboree Road
to a line parallel with and 50.00 feet westerly from said right -of -Tray
line; thence northerly Fong last said parallel line to the westerly
prolongation of the center line of University Drive, 124.00 feet in width,
as described in the deed recorded in Book 10860, Page 467 of Official
Records; thence easterly along said prolongation to said westerly right -
of -way line of Jaeboren : ?oad; thence southerly along.said right- of -;c<y
lire to the Point of Beginning.
Exhibit C
i
u�ivecs_ 7-Y
50 � -- - _ ��-,� O.rP• /OB60; /467
I
O `rq
SCa Z-5: =Zoo
625
G o8.
G g; �b 2 a 331
14.70.
/i--�-
5�
o\ Coll
E.C. 501 I $TYLY. BO.Pyr PEIZ
5 -r - O.2. ro/951 /B5
03�I
,�L'C7A7 E,OeTr?L�1f'�" L7C? /j��� Ti
U.0 /YERB /7 Or °/ i✓.,° .yOL °.''K/
Ar: £Co3EGO+
zw_l,Y /.Uo �In_
/ti
it /- 527 -G
0 qP
RESOLUTION NO. 7C,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ACCEPTING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT AND GRANT OF EASEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND THE
STATE OF CALIFORNIA ACTING BY AND THROUGH
ITS DIRECTOR OF GENERAL SERVICES (DEPARTMENT
OF FISH AND GAME) IN CONNECTION WITH
CONSTRUCTION OF THE JAMBOREE ROAD BIKE TRAIL
WHEREAS, there has been delivered to the City of
Newport Beach a certain Agreement and Grant of Easement wherein
the State of California grants to the City of Newport Beach
an easement over certain real property in connection with the
construction of a bicycle trail along Jamboree Road, adjacent
to the Upper Newport Bay near San Diego Creek; and
WHEREAS, it is in the best interest of the City of
Newport Beach to accept said Agreement and Grant of Easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that said Agreement and Grant of
Easement is hereby accepted, the Mayor and City Clerk are
authorized and directed to execute the Agreement, and the City
Clerk is authorized and directed to execute and attach thereto
a certificate of acceptance and consent to its recording and
to cause said document to be recorded in the County of Orange,
Recorder's Office.
ADOPTED this day of MAY ' -0 1976.
Mayor
ATTEST:
ty Clerk HRC:yz
5/5/76