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Home My WebLink AboutC-519(U) - West Coast Highway, 1221 (Balboa Bay Resort) - Right of Way Contract - State Highway 2021STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 (Rev. 6/95) Parcel 104035-1, -3, -4 Page 1 of 5 tJ.P.ulFth P,erAtiln It-eCPmbx t'3 , California ,2021 City of Newport Beach, a California Municipal Corporation and charter city ("City") Grantor 0P6809 12 ORA 1 18.8 (1216000002) Dist. Co Rte. PM Exp Auth This Right of Way Contract - State Highway ("contract") is entered into by and between Grantor and the State of California, Department of Transportation ("Grantee" or "State") (collectively, "parties"). Document No. 104035-1 in the form of a Highway Easement Deed, covering the property particularly described in the above instrument has been executed and delivered to Alicia Ng, Associate Right of Way Agent for the State of California for recordation in the Official Records of the County of Orange, State of California ("Official Records"). This Document No. 104035-3, -4, in the form of a Temporary Construction Easement, covering the property particularly described in Clause 4 below has been executed and delivered to Alicia Ng, Associate Right of Way Agent for the State of California concurrently with the delivery of the Highway Easement Deed. Grantor has ground leased that real property located at 1221 West Coast Highway [APN 049 161 05] ("Property") to Balboa Bay Club Ventures, LLC ("Tenant"), pursuant to that Amendment and Restated Ground Lease dated October 29, 2013. The rights and obligations of Grantor and State as expressly set forth in this contract shall be subject to the written acknowledgment of Tenant. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. (A) The parties have herein set forth the whole of their agreement regarding the granting of a permanent easement for highway purposes and the granting of temporary easements for construction purposes. The performance of this contract constitutes the entire consideration between the parties and shall relieve the State of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. (B) State requires said property described in Documents Nos. 104035-1, -3, -4 for State highway purposes, a public use for which State has the authority to exercise the power of eminent domain. (C) The parties to this contract shall, pursuant to Section 21.7(a) of Title 49, Code of Federal Regulations, comply with all elements of Title VI of the Civil Rights Act of 1964. This requirement under Title VI and the Code of Federal Regulations is to complete the USDOT-Non-Discrimination Assurance requiring compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Parts 21 and 28 C.F.R. Section 50.3. (D) Further, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity that is the subject of this contract. 2. The State shall: (A) Accept delivery of property or interest conveyed by above documents and record same when title can be vested in the State subject to all matters of record. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the State, the premium charged therefor. Said escrow and recording charges shall not, however, include documentary transfer tax. 3. It is agreed that the property conveyed by Document No. 104035-1 is being donated to the State by the undersigned Grantor. Grantor has been informed of the right to compensation for the property donated and hereby waives such right to compensation. It is further agreed Grantor is temporarily conveying to State the property described in Document No. 104035-3, -4. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 (Rev. 6/95) Parcel 104035-1, -3, -4 Page 2 of 5 4. Permission is hereby granted to State or its authorized agent to enter upon Grantor's land where necessary within those certain areas shown outlined in color on the map marked Exhibit "A" attached hereto and made a part hereof, for the purpose of construction of the curb ramps and traffic signal installation and temporary construction staging necessary to perform that construction. The legal descriptions and exhibit map for the Temporary Construction Easements (Parcel Nos. 104035-3, -4) are included as Exhibit "B". 5. State agrees to indemnify and hold harmless Grantor, its City Council, boards, commissions, committees, officers, officials, employees and agents from any and all liability arising out of State's operations under this agreement. State further agrees to assume responsibility for any damages proximately caused by reason of State's operations under this agreement and State will, at its option, either repair or pay for such damage. 6. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the State for Parcel No. 104035-1, including the right to remove and dispose of improvements, shall commence on the date of recordation of the Highway Easement Deed conveying title to the State. 7. It is understood and agreed between the parties hereto that the actual possession and use of the Temporary Construction Easement identified as Parcel No. 104035-3, -4 , shall be for a period commencing on 12/15/2021 and terminating on 05/23/2025. This easement may also be terminated prior to the above date by the State upon written notice to the Grantor. State shall provide at least twenty-one (21) days advance written notice to Grantor and Tenant before any entry on Grantor's property. Written notification shall be given to the owner at: City of Newport Beach Attn: Michael J. Sinacori, P.E., Assistant City Engineer 100 Civic Center Drive Newport Beach, CA 92660 Balboa Bay Club Ventures, LLC and International Bay Clubs, Inc. 1221 W Coast Highway Newport Beach, CA 92663 With a copy to: The Law Offices of Rick S. Weiner Attn: Rick Weiner 1400 Newport Center Drive Suite 230 Newport Beach, CA 92660 Eagle Four Equities, LLC Attn: Joseph Moody 1400 Newport Center Drive Suite 230 Newport Beach, CA 92660 In the event owners need to provide written notification to State for information changes or property transfers, the owner shall notify the State in writing of such occurrence at: DEPARTMENT OF TRANSPORTATION c/o Alicia Ng, Associate Right of Way Agent 1750 E. Fourth Street, Suite 100 Santa Ana, CA 92705 8. It is understood and agreed by and between the parties hereto that the property being conveyed by Document No. 104035-1 includes, but is not limited to, miscellaneous landscaping within the Highway Easement which is considered to be part of the STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 (Rev. 6/95) Parcel 104035-1, -3, -4 Page 3 of 5 realty and is being donated to the State in this transaction. The parties further understand and agree that the property being temporarily conveyed by Document No. 104035-3, -4 includes miscellaneous landscaping within the Temporary Construction Easement. It is further understood and agreed by and between the parties hereto that the State is responsible to replace any improvements, including miscellaneous landscaping, affected by the project in the after condition. 9. This transaction will be handled through an internal escrow by the State of California, Department of Transportation, District 12 Office, 1750 E. Fourth Street, Suite 100, Santa Ana, CA 92705. Title Order No. CA0310-18010997-39. 10. It is understood that the property being acquired in this transaction may contain hazardous waste requiring mitigation under State or Federal law to protect the public health. If site cleanup is required on the property, the State may elect to exercise its right to pursue the responsible parties to recover cleanup costs from those who caused or contributed to the hazardous waste contamination on, in or under the property. 11. All work done under this contract shall conform to applicable building, fire and sanitary laws, ordinances, and regulation relating to such work done in a good and workmanlike manner. All structures, improvements, or other facilities, when removed and relocated or reconstructed by the State, shall be left in as good condition as found at State's sole cost and expense. 12. It is understood that no construction of this project will occur between Memorial Day weekend to Labor Day weekend; between the Saturday preceding Thanksgiving to New Year's Day, and any nationally designated holiday along with the day preceding and following the holiday. If Tenant requires uninterrupted access to the Property on specified times, Tenant will coordinate with the State's contractor and the State's Resident Engineer. 13. State agrees to coordinate with the City to select the fmal location of the signal pole. Coordination with the City will be with the point of contact named in Section 7, who is also reachable by phone at (949) 644-3311. Communication by telephone shall be only for project coordination. Formal notices are to be provided in writing and otherwise shall be ineffective. STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION RIGHT OF WAY CONTRACT - STATE HIGHWAY RW 8-3 (Rev. 6/95) Parcel 104035-1, -3, -4 Page 4 of 5 In WITNESS WHEREOF, the parties have executed this contract the day and year first above written. GRANTOR APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: Awn C. Ha City Attorney ATTEST: /a. Ia, zoal Date: By: Lei ani I. Brown City Clerk GRANTEE Recommended for Approval: By: Associate Right of Way Agent By: EVANGELINA ,ASHING 'IN, Branch Chief R/W Project Coo • ination, P : nning and Management & Acquisition By: CITY OF NEWPORT BEACH, a California Municipal Corporation 'race K. Leung City Manager '''''' STATE OF CALIFORNIA Department of Transportation By: SP1N N&[7YEN, Acting Office Chief District 12- Office of Right of Way & R/W Eng. Attachment(s): Acknowledgement by Balboa Bay Club Ventures, LLC, a California limited liability company Exhibit A - Right of Way Appraisal Map Exhibit B - Legal descriptions and exhibit map for the Temporary Construction Easements (Parcel Nos. 104035-3, -4) NO OBLIGATION OTHER THAN THOSE SETFORTH HEREIN WILL BE RECOGNIZED ACKNOWLEDGEMENT BALBOA BAY CLUB VENTURES, LLC, a California limited liability company, hereby acknowledges and consents to the execution and recordation of the execution of the Right of Way Contract — State Highway by and between Grantor and State affecting certain Property leased to alboa Bay Club Ventures, LLC by Grantor pursuant to that Amended and Restated Ground Lease dated October 29, 2013. -- -----7 By: \_ Todd Secretary EXHIBIT A - RIGHT OF WAY APPRAISAL MAPS PROJECT SURVEYOR: DATE REVISIONS LICENSE: SURVEYOR LICENSE DATE REVISIONS SURVEYOR LICENSE DATE REVISIONS SURVEYOR LICENSE • V. sg s LINE DATA TABLE NO. BEARING DISTANCE L11 N41'S7'02"E 50.00' • Z n , m n n qqqqkkkk 8. 8 g 12/19/19 12/19/19 DELVED PARCEL W 0 5-2 05/05,20 01/01,11 REVISED PARCELS 104055 :, - 01/01,21 REVM PCCS 10005 5, -C ICE EXP OM agm R 0 0 0 7. 8. BE,". g5 NEWPORT SAY 29.S3'08"E 508.81' 350.0O' 350.00' 80' N29•53'08"E I80.00' 50.00' 29.53'53'w 875.28' 80' N29.53'08"E 96.01' imp¢® 0\�5 t 9 \ 625,28' s0 IRVINEAVE, .0 O ORi • St N` ems' CRESTVIEW DRIVE ouso ' s�o q Y ��O a9\ oai 4s Yy �� vO aM1\ 3^ 8e• XX-FMS-120142-09 PROJECT SURVEYOR: DATE REVISIONS LICENSE: SURVEYOR LICENSE DATE REVISIONS SURVEYOR LICENSE DATE REVISIONS SURVEYOR LICENSE YS TS 2 k e 5 R b 8 0 J 0 B 8 2 8 8 ni 8. 8. 8 8 8 87, z rq NEWPORT BAY 29'53'08"E 504.41 50.00154.41 350.00' A/29'53'08'E 4110.00' 8 B 50.00 80' 80' 00 50' o V N29.553'08"E 1 10.00'>, N ° .07' xd 625.28' 529.53'53"N 975.28' CRESTVIEW DRIVE RViNE AVENUE AND , XX-FMS-120142-09 A PROJECT SURVEYOR: 07 o O?/20 /19 REVISIONS LICENSE: YS SURVEYOR LICENSE DATE REVISIONS SURVEYOR LICENSE DATE REVISIONS SURVEYOR LICENSE REVISED PARCELS 104033-1, -3 REVISED PCLS 4033 I ICE EA, OM YS YS YS 2 Y 'rn A 2 0 8 a A i1 0 F 8 go 2 0 5 BALBOA BAY WAY (PRIVATE) =96'15']6" L=20'9 fl=26.00' 25' N16'33'327 50.00' TD 3qi 8,0 :a° XX—FMS-120142-15 EXHIBIT B - LEGAL DESCRIPTIONS AND EXHIBIT MAP FOR THE TEMPORARY CONSTRUCTION EASEMENTS (PARCEL NO. 104035-3, -4) EXHIBIT 'A' LEGAL DESCRIPTION Parcel 104035-3: Temporary Construction Easement That portion of real property, in the City of Newport Beach, County of Orange, State of California, as described in a deed to the City of Newport Beach, recorded March 13, 1929 in Book 249, Page 423 of Official Records, in the office of the County Recorder of said County, described as follows: COMMENCING at the westerly terminus of that certain curve concave northerly and having a radius of 2550.00 feet, a central angle of 18° 21' 32" and a length of 817.08 feet, as shown on Sheet 9, of Record of Survey No. 2019-1005, filed in Book 315, Pages 4 through 31, inclusive, of Record of Surveys, in the office of the County Recorder of said Orange County, California, said curve also being the southerly right of way line of Pacific Coast Highway, a radial line to said point bears South 16° 33' 32" West; thence easterly 75.97 feet along said curve through a central angle of 01 ° 42' 25" to the POINT OF BEGINNING, a radial line to said Point of Beginning bears South 14° 51' 07" West; thence continuing easterly along said curve 5.39 feet through a central angle of 00° 07' 16"; thence leaving said southerly right of way line of Pacific Coast Highway South 02° 59' 55" East, 17.67 feet; thence North 87° 00' 05" East, 4.05 feet; thence South 62° 46' 04" East, 8.79 feet to the beginning of a non -tangent curve concave westerly and having a radius of 22.00 feet, a radial line to said point bears South 60° 45' 09" East; thence northerly 18.30 feet along said curve through a central angle of 47° 39' 38" to the southerly right of way of Pacific Coast Highway, said point being the beginning of a reverse curve concave northerly and having a radius of 2550.00 feet, a radial line to said point bears South 14° 23' 43" West; thence easterly 4.61 feet along said curve through a central angle of 00° 06' 13" to the beginning of a reverse curve concave westerly and having a radius of 26.00 feet, a radial line to said point of said reverse curve bears North 77° 05' 46" East; thence leaving said southerly right of way of Pacific Coast Highway and southerly 20.99 feet along said curve through a central angle of 46° 15' 36"; thence North 62° 46' 04" West 10.13 feet; thence South 87° 00' 05" West 8.51 feet; thence North 2° 59' 55" West 13.00 feet; thence North 16° 40' 29" West 8.83 feet; thence North 14° 51' 07" East 0.77 feet to the POINT OF BEGINNING. Containing 191 square feet, more or less. Parcel 104035-4: Temporary Construction Easement That portion of real property, in the City of Newport Beach, County of Orange, State of California, as described in a deed to the City of Newport Beach, recorded March 13, 1929 in Book 249, Page 423 of Official Records, in the office of the County Recorder of said County, described as follows: COMMENCING at the westerly terminus of that certain curve concave northerly and having a radius of 2550.00 feet, a central angle of 18° 21' 32" and a length of 817.08 feet, as shown on Sheet 9, of Record of Survey No. 2019-1005, filed in Book 315, Pages 4 through 31, inclusive, of Record of Surveys, in the office of the County Recorder of said Orange County, California, said curve also being the southerly right of way line of Pacific Coast Highway, a radial line to said point bears South 16° 33' 32" West; thence easterly 154.62 feet along said curve through a central angle of 03° 28' 27" to the POINT OF BEGINNING, a radial line to said Point of Beginning bears South 13° 05' 06" West; thence continuing easterly along said curve 36.50 feet through a central angle of 00° 49' 12"; thence leaving said southerly right of way line of Pacific Coast Highway South 12° 15' 53" West 1.27 feet; thence North 77° 54' 14" West 36.49 feet; thence North 12° 05' 46" East 1.64 feet to the POINT OF BEGINNING. Containing 51 square feet, more or less. All bearings and distances described herein are based on the California Coordinate System of 1983, Zone VI, North American Datum of 1983 (Epoch 1991.35). The distances shown herein are grid distances. Divide grid distances by a combined factor 0.999972 to obtain ground distances. This land description has been prepared by me or under my direction in conformance with the Professional Land Surveyor's Act. Signature: I//bq/2.o r Date: 03 0 0 I In M 0 0 - J U tL W 0 N 9 • N N 0 cc N cc _ 0 0 0 a. 13 01 \ 0 L() r�) II J N U U 0 a, ti v ti 0 O 90 '-0 c0 Q to 0 O J v 60 '- 0 0 a) I tIOR MARK SHARBER Q r1' 0 N 11, Q'D -1Z0 vC00Ig 0 "aZM m 0 V 00'SZ EASEMENT NOTE: WZ �Or aow r W� Zacc W W Q� WWw,O IA IALLN-4' W0 .1n UMOtD aoMtp I- Wmo >00r o- 0 N CC 1- Z V' M 10 Into V) 0 <Wow WQ N0 LA ZJO) M MOCCN j pO �a0r <a z IW0z > 01- Q_ "wZ o_cr- EXHIBIT "B" Map of Parcels 104035-3 and 104035-4 N J W x W VI 1- DATA TABLE T r z W J O) O M t() v O) 0 1`- r) to In N 0 • O O M co 0) Q) 0 N st N In J W 0 if) N N V' tD 1'- 0 0 0 0) 0 0 N 0 M ID O 0 0 N N 0 0 tD N N 00 O r) Q) 0 N tD 0 t0 V' CO O ti N N r) w 0 cc 0 0 If) t() N 0 O O In N N U CONSTRUCTION EASEMENT 0 0 In N M U r z W W o Z Z Z Z 0w 0 Co J00 ow mcc— W Q0 0 raacL W JU m 0000 raao_ 0 0 lOA 1Qn lA lf) N N W J m H- a r 0 W z J U W Z ✓ to 0 0 0 0 to N tD U 10 co 0 0 O N 1- U 0 O r) 0 O N N co U M co co 0 0 tD N Q) U 1- N a 0 0 In I!) N 0 U • N 0 O in In N U • tD • O z a W m S87° 00'05"W NO2°59'55"W 0) N O v tD z N14°51'07HE to • N N12°05'46"E z co J J 0') J O J N a NE DATA TABLE J W U Z f- 0 N 0 O O sr - to ti 0 0, N M O z W m CO N iD N rK) Z W N M 0 tD Z S02° 59'55"E W O 0 0 ti 0 z S62° 46'04"E N62°46'04"W -J N -J J -J J t0 - J