HomeMy WebLinkAboutC-1863 - Agreement Providing for Relocation of Portions of Newport Beach Golf Course Fence Along the Southerly Right of Way of Mesa Drive between Santa Ana-Delhi Channel and Birch StreetREQUESTED B',7
A NN D
W11ENIRECORDED _`TUPN TO -
City Clerk
3300 Newport Boulevard
Newport Beach, California
�21703'
C9
1 1891 m! 872
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFIORNIA
I ME tAKYL!, U`uriray kecorder
��Space Above This Line for Recorder's Use Free recording requested by
the City of Newp"ort Beach
pursuant to Govt t Code No.6102
A GILRI; E 14ENT PROVIDILENG FOR RELOCATION OF
PORTIONS OF NEWPORT BEACH GOLF COURSE? LL-,
FENCE ALONG THE SOUTHERLY RIGHT OF WAY jol City. Cler
OF MESA DRIVE BETWEEN THE SANTA ANA -
DELHI CHANNEL AND BIRCH STREET
4THS AGREEMENT is made and entered into this A-5-64
,
day of, '
1976, by and between the CITY OF
NEWPORT BEACH, a Municipal Corporation, hereinafter referred
to as "City" and the NEWPORT BEACH GOLF COURSE, a partnership,
hereinb-fter referred to as "Company".
W I T N E S S E T H:
WHEREAS, Company has constructed a public golf course
on parcels of leased land described in attached Exhibit "A"
incorporated herein by this reference and as recorded in
Document 2226, Book 11501, Page 1506, Records of orange County,
State of California; and
WHEREAS, portions of the fence constructed along the
southerly side of Mesa Drive between the Santa Ana -Delhi.
Channel and Birch Street in connection with the development
of said golf course are located within the right-of-way of
said Mesa Drive; and
WHEREAS, it is Company's obligation to relocate those
portions of fence constructed within the Mesa Drive right-of-way;
WHEREAS, Company proposes to pay to City an amount
of money representing the estimated cost of relocating those
portions of fence constructed W4 thin Mesa Drive right-of-way
in lieu 'of iirn-i,,,ediate relocation to satisfy Company's obliga-
I
and
1 1891 PG 1873
WHEREAS, City desires to accept Company's proposal.
NOW, THEREFORE, in consideration of their mutual
promises, the parties hereto agree as follows:
1. Company agrees to pay to City the sum of Three
Thousand Dollars ($3,000.00), representing the estimated
cost of relocating those portions of fence constructed within
Mesa Drive right-of-way between the Santa Ana -Delhi Channel
and Birch Street.
2. City agrees that by accepting the payment described
in Paragraph 1 above
bove Company is relieved of any further
obligation to relocate the portions of fence constructed within
Mesa Drive right-of-way between the Santa Ana -Delhi Channel
and Birch Street.
3. Company agrees that City, its officers, agents,
and/or employees may enter upon the premises of Company to
relocate any or all of the portions of fence constructed within
the Mesa Drive right-of-way as the City deems necessary, upon
City giving thirty (30) days advance written notice to Company
of City's intent to do so.
4. Company agrees that it will relocate, salvage,
or otherwise dispose of its improvements such as landscaping
and sprinkler system which may interfere with said fence
relocation and that City, its officers, agents, and/or
employees shall not be responsible for protecting Company's
improveT
ments in conjunction with said fence relocation. In
the event said fence relocation is done in conjunction with
roadway widening, Company agrees that City, its officers,
agents and/or employees may enter upon the premises of Company
to perform such grading as may be required. City will be
responsible for initial installation of erosion control and
slope protection on any such newly graded slopes which are
created.
-2-
i� 11891 PG 1.874
5. Company agrees to indemnify and hold harmless
City, its officers, agents, and/or employees from all
demands, claims, loss or liability on account of injury or
damages to persons or property suffered or claimed to be
suffered as a result of the City, its officers, agents and/or
employees entering upon the premises of Company to relocate
portions of said fence.
6. Company acknowledges by execution of this Agree-
ment that it is aware of its obligation to remove, relocate
repair and/or modify any other private improvements which
have.been constructed within the Mesa Drive right-of-way.
}
7. Company agrees that no further private improve-
ments shall be constructed within the Mesa Drive right-of-way.
8. This Agreement shall run and be effective during
the term of Company's leasehold interest in the leased land
described above, and for any extensions or renewals -thereof.
9. This Agreement shall be binding upon the heirs,
successors and assigns of Company's interest in the leased
land described above and shall be recorded in the office of
the County Recorder of Orange County.
IN WITNESS 1�4HEREOF, the parties hereto have caused
this Agreement to be made and executed on the day and year
first above written.
a
AT'T'EST:
City Clerk
CITY OF NEWPORT BEACH, A
Municipal Corporation
By
or M yor Pro Tem
NEWPORT BEACH GOLF COURSE,
A Partnership
Py,,,
u 6 1891 PG 1875
STATE OF CALIFORNIA)
) ss:
COUNTY OF ORANGE )
On S €7�E14&ga 1,S-, 1976, before me, the undersigned,
a Notary Public in and for said state, personally appeared
Milan Dostal _, known to me to be the Mayor Pro Tem
jjag= and Doris George , known to me to be the
City Clerk of the Municipal Corporation that
executed the within instrument, known to me to be the persons
who executed the within instrument on behalf of the
Municipal Corporation therein named, and acknowledged to me
that such municipal corporation executed the within instrument
pursuant to a resolution of its City Council.
WITNESS my hand and official seal.
+
r OFFICIAL SEAL i►
i A
# DONALD L. WEBB JR., ;
NOTARY PUBLIC - CALIFORNIA
# PRINCIPAL OFFICE IN otary Public in and for said State
# ORANGE COUNTY #
# My Commission Expires Oct. 26, 1979
i►#!!!!#!!!#+►!?!Ali#!!!!!!!!!#!
STATE OF CALIFORNIA)
ss:
COUNTY OF UA°4W--*C- )
OnSEfTEMBEE l , 1976, before me, the undersigned,
a Notary Public in and for said state, personally appeared
STEVEN G. L#.MC known to me to be one of the partners of
the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
WITNESS my hand and official seal,
2
Notary Public in and for said State
OFFICIAL SEAL
DONALD L. WEBB JF2. ;
# , NOTARY PUBLIC - CALIFORNIA #
f PRINCIPAL OFFICE IN +
* ORANGE COUNTY #
i My Commission Expires Oct. 26, 1979 +
B� 1 18'91 PG 1876
DELHI DITCH GOLF COURSE
All those certain lands partly in the City of Newport Beach,
all in the County of Orange, State of California, described as
follows :
PARCEL I
That portion of Lots 101, 102, 103 and Birch Street, now
abandoned, as shown on a map of Tract No. 706 filed in
Book 21, page 25, Miscellaneous Maps in the office of
the County Recorder of said County, described as follows:
Beginning at the intersection of the Southwesterly line
of Mesa Drive as shown on said map with the Southeasterly
line of the Santa Ana - Delhi Channel as described in Parcel
102.1 in a deed recorded in Book 1804, page 432, Official
Records of said County; thence along the Southwesterly
line of said Mesa Drive the following courses: South 50°
11' 45" East 552.93 feet; South 64° 06' 15" East 323.14
feet; South 69 36' 15" East 423.89 feet; Southeasterly
214.81 feet along a curve concave Southwesterly having
a radius of 192.28 feet through an angle of 64 ° 00' 30";
South 50 35' 45" East 168.18 feet; Southeasterly 134.95
feet along a curve concave Northeasterly having a radius
of 173.37 feet through an angle of 44° 36' 00".; South 50°
11' 45" East 30.00 feet to the Northwesterly line of the
land described in a deed recorded in Book 2207 page 196,
said Official Records; thence South 39° 48' 15 d' West
100.21 feet along said Northwesterly line to the beginning
of a curve therein concave Northwesterly having a radius
of 500.00 feet; thence Southwesterly 146.52 feet along
said curve through an angle of 160 47' 23"; thence South
560 35' 38" West 188.60 feet along said Northwesterly line
to a point on the Southeasterly line of said Parcel 102.1,
said point being on a curve concave Westerly having a
radius of 265.00 feet, a radial to said point bears South
430 41' 08" East;. thence along the Southeasterly and North-
easterly line of said Parcel the following courses: Northerly
499-.46 feet along.said.curve through an angle of 107° 59'
16"; Westerly 166.38 feet along a compound curve concave
Southerly having a radius of 347.7.2 feet through an angle
of 270 24' 5501; North 89° 05' 20" West 189.89 feet; South
70° 54' 40" West 29..24 feet; Westerlv 115.54 feet along a
curve concave ivortheriy having a
a tangent that bears North 89 05
of 27 34' 55"; North 610 30' 25"
westerly 263.65 feet along a cury
having a radius of 840.00 feet th
0011; North 430 31' 25" West 158.2
272.89 feet along a curve concave
radius of 540.00 feet through an
North 14° 34' 10" 111.53 feet; No
a curve concave Easterly havin� a
through an angle of 50° 58' 10 N
95.73 feet to the point of beginn
radius of 240.00 feet. from
' 20" West through an angle
West 84.33 feet; North -
concave Northeasterly
sough an angle of 17° 59'
L feet; Northwesterly
Northeasterly having a
Ingle of 28* 57 15";
:therly 169.02 feet along
radius of 190.00 feet
)r th 36' 24' 00" East
Lng .
EXHIBIT A
Bz ! 1891 PG 1877
PARCEL II
That portion of Block 5, Irvine's Subdivision, as shown
on a map filed in Book 1, page 88, Miscellaneous Record
Maps in the office of the County Recorder of said County,
described as follows:
Beginning at the intersection of the Northeasterly line
of Mesa Drive as shown on a map of Tract No. 706 filed
in Book 21, page 25, Miscellaneous Maps in the office of
said County Recorder with the Southeasterly line of the
Santa Ana - Delhi Channel as described in Parcel 214 in
a deed recorded in Book 5897, page 339, Official Records
of said County; thence along the Southeasterly line of
said Parcel the following courses: North 36.° 23' 21" East
135.91 feet; Northeasterly 122.13 feet along a curve
concave Southeasterly having a radius of 195.00 feet
through an angle of 350 53' 05"; North 720 16' 26" East
409.71 feet; Northeasterly 250.09 feet along a curve
concave Northwesterly having a radius of 555.00 feet
through an angle of 250 49' 05"; North 460 27' 21" East
12.00 feet to a point in the Southerly line of Parcel 116.2
described in a deed for Tustin Avenue recorded in Book
6990, page 624, said Official Records, said point being
on a curve concave Southerly having a radius of 940.00
feet, a radial to said point bears North 4° 06' 33" East;
thence Easterly 259.78 feet along said curve and Southerly
line through an angle of 150 50' 03" to the beginning of
a reverse curve therein concave Northerly having a radius
of 1060.13 feet; thence Easterly 357.93 feet along said
curve and Southerly line through an angle of 19° 20' 4111
to the Northwesterly line of said Tract No. 706; thence
South 390 48' 15" West 1062.43 feet along said line to
the Northeasterly line of said Mesa Drive; thence North -
690 36' 15" West 9.13 feet along said line to an angle
point therein; thence North 64° 06' 15" West 312.94 feet
along said line to an angle point therein; thence North
50° 11' 45" West 554.20 feet along said line to the point
of beginning.
PARCEL III
That portion of Block 5, Irvine's Subdivision as shown on
a map filed in Book 1, page 88, Miscellaneous Record Maps
in the office of the County Recorder of said County,
described as follows:
Beginning at the intersection of the Southeasterly :tine
of the Santa Ana - Delhi Channel as described in Parcel 214
in a deed recorded in Book 5897, page 339, Official Records
of said County with the Northerly line of Parcel 116.11
described in a deed for Tustin Avenue recorded in Book
6990, page 624, said Official Records; thence North 46°
27' 21' East 212.30 feet along said Southeasterly line to
the beginning of a curve therein concave Northwesterly
having a radius of 455.00 feet; thence Northeasterly 56.38
feet along said curve through an angle of 7° 05' 58' to
the Southwesterly line of the land described in a deed.
recorded in Book 4332, page 308, said Official Records;
thence South 50° 11' 45' East 489.84 feet along said South-
westerly line to the Northwesterly line of Tract No. 706,
as shown on a map filed in Book 21, page 25, Miscellaneous
Maps in the office of said County Recorder; thence South
39 48' 15" West 15.06 feet along said Northwesterly line
to the Northerly line of Parcel 116.2 as described in
U 11891 PCI 878
said deed for Tustin Avenue, said point being on a curve
concave Northerly having a radius of 955.13 feet, a radial
to said point bears South 4° 45' 03" East; thence Westerly
157.60 feet along said curve and line through an angle of
9° 27' 14" to an angle point therein; thence North 4° 42'
11" East 15.00 feet along a radial to said curve and the
Easterly line of said Parcel to a point on a non -tangent
curve concave Northerly having a radius of 940.13 feet
and concentric with said 955.13 foot radius curve; thence
Westerly 250.07 feet along curve and Northerly line through
an angle of 15° 14' 25" to the beginning of a reverse curve
therein concave Southerly having a radius of 1060.00 feet;
thence Westerly 36.00 feet along said curve and line to the
Southeast corner of said Parcel 116.11; thence North 17°
59' 51" East 25.00 feet along the Easterly line of said
Parcel to a point on a curve concave Southerly having a
radius of 1085.00 feet, a radial to said point bears North
170 59' 51" East; thence Westerly 137.20 feet along said
curve and the Northerly line of said Parcel through an
angle of 7° 14' 43" to the point of beginning.
HEC: j 1p
1-19-72