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HomeMy WebLinkAboutC-2886(FF) - Easement Agreement (for 3531 Newport Blvd - Lido Pump Station)L1- RECORDING REQUES i Li.) AND V WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach Post Office Box 1768 3300 Newport Boulevard Newport Beach, CA 92659-1768 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorer IIIIIIIIIIIII III IIIIIIIIIII No 19980184005 1:53pm 03/31/98 34+ir *Ai 005 19005516 19 04 .00 21.00 0.00 0.00 0.00 0.00 XEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 Space above this line for Recorder's use only. EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this c day of /C,=d'u2' 1998, by and between County Sanitation District No. 5 of Orange County, California, (hereinafter "DISTRICT"), and the City of Newport Beach, California, a municipal corporation organized and existing under and by virtue of its Charter and the constitution and the laws of the State of California, (hereinafter "CITY"); WITNESSETH: WHEREAS, CITY is widening Newport Boulevard, a portion of which right of way is encumbered by DISTRICT's present location of Lido Pump Station, and WHEREAS: on February 26, 1997, CITY and DISTRICT entered into a Cooperation and Reimbursement Agreement pertaining to the design, construction, and easement for PERMITTED IMPROVEMENTS; and WHEREAS, DISTRICT desires to construct sanitary sewer improvements shown on DISTRICT construction plans known as "Relocation of Lido Pump Station, Contract No. 5-41-1" (hereinafter "PERMITTED IMPROVEMENTS"), encroaching into a ten foot setback for Alley 337A and within a vacant parcel of CITY park property located between Newport Boulevard, Short Street, and Alley 337A, known as 3531 Newport 2.o-ucvard legally described as Parcel 1 of Lot Line Adjustment No. 80-1, recorded in Book 14016, Page 73, of Official Records in the office of the County Recorder of Orange County, California (hereinafter "PARCEL"); and WHEREAS, said PERMITTED IMPROVEMENTS may interfere with CITY's future ability to construct, operate, maintain and replace certain alley and park facilities and improvements within the setback for Alley 337A and within PARCEL; and WHEREAS; CITY desires to maintain a five foot minimum width pedestrian access walkway through PARCEL to facilitate use of the public parking areas located adjacent to Alley 337A; and WHEREAS; on September 23, 1997, CITY approved Modification Permit No. 4601, thereby permitting a five foot encroachment of PERMITTED IMPROVEMENTS into the ten foot setback for Alley 337A; and WHEREAS; the parties hereto desire to execute an easement agreement (hereinafter "AGREEMENT") to provide the conditions under which CITY will grant an easement to DISTRICT to construct and operate said PERMITTED IMPROVEMENTS ; NOW, THEREFORE, in consideration of their mutual needs, the parties hereto agree as follows: 1. PERMITTED IMPROVEMENTS shall be defined as a pump station entrance, a below -grade sewage pump station, a control building, utility service conduits, gravity and pressure sewer mains, manholes, etc., as shown on the plans and specifications for PERMITTED IMPROVEMENTS dated November 18, 1997. 2. CITY will grant an easement to DISTRICT to construct, maintain, operate, repair, and replace said PERMITTED IMPROVEMENTS and appurtenances incidental thereto within the setback for Alley 337A and within PARCEL, more particularly set forth in the legal description Exhibit "A" and its sketch Exhibit "B", both of which are attached hereto and incorporated herein by reference, all in conformance with the plans and specifications for PERMITTED IMPROVEMENTS. CITY will also allow DISTRICT to take reasonable measures necessary or convenient to accomplish aforesaid activities. 3. DISTRICT and CITY further agree as follows: a. All specific obligations of the aforementioned Cooperation and Reimbursement Agreement shall remain in effect as agreed therein, except that the purchase price of the easement shall be $78,886, equal to that area of PARCEL occupied by DISTRICT's pump station entrance, sewage pump station and control room (known as "Parcel A" in the easement) multiplied by CITY's 1997 purchase price for PARCEL ($300,000) divided by the total area of PARCEL. Easement areas required for utility service conduits, gravity and pressure sewer mains, manholes, etc. shall not enter into the purchase price of the easement. CITY and DISTRICT shall also modify the Cooperation and Reimbursement Agreement to include CITY's reimbursement to DISTRICT for CITY sewers, sewer rehabilitation, manholes, traffic control and appurtenances that are to be built by DISTRICT as portion of PERMITTED IMPROVEMENTS. The amount of reimbursement shall be as identified as line items in DISTRICT's awarded schedule of prices for PERMITTED IMPROVEMENTS. b. DISTRICT shall clean and maintain PERMITTED IMPROVEMENTS in accordance with general prevailing standards of maintenance, and pay all costs and expenses incurred in doing so. c. DISTRICT shall provide for and maintain a five foot minimum width pedestrian walkway over the at -grade roof of their sewage pump station, except during periods of DISTRICT maintenance, repair or replacement of PERMITTED IMPROVEMENTS. d. If any present or future CITY facility or improvement is damaged as a result of the installation, maintenance or operation of PERMITTED IMPROVEMENTS, DISTRICT shall be responsible for the cost of repairing the damage; however, nothing herein shall be construed to require DISTRICT to otherwise maintain, replace or repair any present or future CITY facility or improvement. 4. DISTRICT and CITY shall indemnify and hold harmless each other, their City Council, their District Board, their boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees (when outside attorneys are so utilized), regardless of the merit or outcome of any such claim or suit arising from or in any manner connected with the design, construction, maintenance, or continued existence of PERMITTED IMPROVEMENTS. 5. The parties hereto agree that this AGREEMENT shall remain in full force and effect from execution thereof; shall run with the land; shall be binding upon the heirs, successors, and assigns of interest in the AGREEMENT; and shall be recorded in the Office of the County Recorder of Orange County, California. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first -above written. APPROVED AS TO FORM: Bv: City Attorney ATTEST: By: ,. . City Clerk APPROVED AS TO FORM: CITY OF EWPORT BEACH, a Muni .. I B Mayor COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY: -=-4--. /,- Chairman, Board of Directors l District Counsel Bv• \71--'(-:'�� Board STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On /i.�Afz,�m.= j . S , 1998, before me, lire-fiblig (. a. a u y personally appeared r;1-/L , - 7 personally known to me (or proved to me on thc basis of satisfactory cvidence) to be the persons-) whose names-) is/afe subscribed to the within instrument and acknowledged to me that-ire/she/they has executed the same in +i+s/her/thcir authorized capacity(ies), and that by his/her/theif• signature{-&) on the instrument thc percon(c) or the entity upon behalf of which the person acted, executed the instrument. WITN S my hand andfficial seal. otary Public in and for said Stat (This area for official notarial seal) 0 0 i Thomas L. Woodruff� fi ' Comm. ,,1145500 :?�[3iINOTARY PUBLIC • CALIFORNI \•. ► ORANGE COUNTY C) ` ~�� Comm. Exp. July 3, 2001 STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE On / /fl ef! 2 , 1998, before me, 1 X5 k doa�2OFF personally appeared �} /()iti y feti personally known to me i fac ery ewda e) to be the person(•s) whose names) is/are subscribed to the within instrument and acknowledged to me that.e/she/th.ey has executed the same in #is/her/their authorized capacites), and that by 4-is/her/their signatures) on the instrument the person(c) or the entity upon behalf of which the person acted, executed the instrument. WITNESS4y hand and official seal. 4,„ Notary Public in and for said State Thomas L. Woodruff (This area for official notarial seal) Comm. #1145500 n NOTARY PUBLIC • CALIFORNI ORANGE COUNTY c) Comm. Exp. July 3, 2001 F:\USERS\PBW\LDALTON\AGREEMTS\CSDOC-EA.doc EXHIBIT "A" EASEMENT FOR SEWER AND PUMP STATION PURPOSES That certain land situated in the City of Newport Beach, County of Orange, State of California being a portion of Parcel 1 of Lot Line Adjustment No. 80-1 recorded as Document No.12616 in Book 14016, Page 73 of Official Records in the office of the County Recorder of said County and more particularly described as follows: Parcel A The southerly 52.23 feet of the westerly 43.71 feet of said Parcel 1. Said westerly 43.71 feet being measured along the southerly line of said parcel. Parcel B A strip of land, 16.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel 1; thence along the southerly line of said parcel S 77°01'08" E 28.71 feet; thence N 12°58'52" E 52.23 feet to the True Point of Beginning; thence N 12°58'52" E 88.90 feet; thence N 15°26'O1" E 30.28 feet to the northerly line of said parcel. The side lines of said 16.00 foot strip to be extended or shortened to terminate at the northerly line of said Parcel 1. Parcel C A strip of land, 10.00 feet wide, the centerline of which is described as follows: Commencing at the southwesterly corner of said Parcel 1; thence S 77°01'08" E 43.71 feet; thence N 12°58'52" E 31.17 feet to the True Point of Beginning; thence S 77°01'08" E 18.48 feet to the easterly line of said parcel. The side lines of said 10.00 foot strip to be extended or shortened to terminate at the easterly line of said Parcel 1. 2 VICINITY MA A r-Ti �, - /- in. —1 - - T - c \ N I✓ i t\ T^ T7 Li A Li-NA- KIT�S CITY PARK — 870.9.33 PARCEL A — 2287.78 PARCEL 8 — 1898.28 s PARCEL C — 150.67 2287.78 sq.f t. 8700.33 sq.ft. S300 K x .26 _ _ 2fi.3'; Comv,sded 1/9s b\• Ornj .._. tt —1 NORTH PNRCEL SW- Y caR.•c.; pAR.c.EL 12 S `" P U.1 < I PCL 3 T} 06 `XHIBIT ' ' DETAIL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5907 (�lllllllflltll lll./l1./llllll./I1111�!l11111././✓lltl.,�l1�lllllll�l1l�1111.If ill k State of G- \ 'C‘.�r-k- 0-- County of 07 c r\qC On o.A . (9 j VA`\ before me, 5 `, �-,� k)a G V v v tin Z v ..ncA. Q_ DATE personally appeared personally known to me - OR CATHY FISHER Commission # 1174329 Z Notary Public - California Orange County My Comm. Noires Feb 21, 2032 NAM , ITLE OF OFFICER - E.G., "JANE DOE. NOT PUBLIC" NAME(S) OF SIGNER(S) -satisfaotory-e 1041ce— to be the person(s) whose name(s) /are subscribed to the within instrument and ac- knowledged to me that I ,e%/they executed the same in h/I(r/their authorized capacity(ies), and that by 4/fir/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NESS my hand and official seal. OPTIONAL URE OF NOTARY Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. II II CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER PARTNER(S) TITLE(S) II LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT EG-Jtvvve.N\ TITLE OR TYPE OF D UMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER -THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave . P.O Box 7184 • Canoga Park. CA 91309-7184