HomeMy WebLinkAboutC-2435(C) - Upper Newport Bay Bicycle & Equestrian TrailCITYOOF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005 X C ' /j U y�// .-:F�G tai
/ 11z� / ,c 7
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: November 24, 1987
SUBJECT: Contract No. C- 2435(D) (Amended)
Description of Contract Upper Newport Bay Bicycle and
Equestrian Trail (for Funding and Construction)
Effective date of Contract October 27, 1987
Authorized by Minute Action, approved on September 28, 1987
Contract with County of Orange
Address Environmental Management Agency
P.O. Box 4048
Santa Ana. CA 92702 -4048
Amount of Contract (See Agreement)
"we 2�a' 6'e ,
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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(3J)
September 28, 1987
CITY COUNCIL AGENDA
ITEM NO. F -3(d)
TO: CITY COUNCIL BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
FROM: Public Works Department
SEP 2 81987
SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) APPROVED
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute an amendment
extending the term of the agreement for funding and construction of
the subject project with the Orange County Harbors, Beaches and Parks
District.
BACKGROUND:
On July 14, 1986, the City Council approved plans and specifications
and authorized execution of an agreement with the Orange County Harbors, Beaches
and Parks District which provided for cooperative funding, construction and
maintenance of the subject project. The term of the agreement was to expire
June 30, 1987.
The City Council awarded the contract for construction of the project
on November 10, 1986 to Gillespie Construction of Costa Mesa. The contract
allowed 180 working days for the completion of the project.
DISCUSSION:
Due to circumstances beyond the control of the City or the Contractor,
construction was not permitted to occur during the late spring and summer
months. This constraint, imposed by the California Coastal Commission, resulted
from the proximal nesting habitat of a rare and endangered bird species, known
as the "light- footed clapper rail." Because work could not continue for a
period of approximately 5J months, the Contractor's time of completion has been
extended to December 31, 1987.
To comply with the terms of the original agreement with the County,
construction would have had to be completed prior to June 30, 1987. This was
not possible in light of the environmental constraints on construction. Work is
now expected to be completed some time in November.
• The County has acknowledged that an extension
reasonable and necessary and has prepared the attached
ms of the or�ig /+agreement will remain unchanged.
Benjamin B. Nolan
Public Works Director
JS:jd
Att.
of the agreement is
amendment. All other
Agreement No. D86 -098
C - Z�/3sP)
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AMENDMENT NO. 2 TO
2
UPPER NEWPORT BAY TRAIL AGREEMENT
3 This AMENDMENT to Agreement is made and entered into this �77f14 day of
4 Or 1987, by and between the CITY OF NEWPORT BEACH, a municipal
5 corporation, hereinafter referred to as "CITY" and the ORANGE COUNTY HARBORS,
6
BEACHES AND PARKS DISTRICT, a body politic, hereinafter referred to as "DISTRICT."
7
W I T N E S S E T H
8
WHEREAS, CITY and DISTRICT entered into an Agreement Dated September 23,
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1986, for cost sharing of CITY's Upper Newport Bay Trail project (PROJECT); and
10
WHEREAS, Section l.f, of said Agreement stipulated that the construction
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of the PROJECT would be completed no later than June 30, 1987; and
12
WHEREAS, said Agreement provided for DISTRICT contribution of $150,000
13
toward CITY's estimated $613,000 PROJECT cost; and
14
WHEREAS, the lowest responsible bid received for the PROJECT totaled
15
$1,165,000, or $552,000 in excess of available funding; and
16
WHEREAS, the construction of PROJECT was delayed while CITY secured
17
additional funding; and
18
WHEREAS, by Agreement Amendment No. 1, dated December 16, 1986, DISTRICT
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contributed an additional $90,000 toward PROJECT, for a total contribution of up to
20 $240,000; and
21 WHEREAS, it was necessary to halt the construction of PROJECT during the
22
nesting season within the California Department of Fish and Game's Upper Newport Bay
23
Ecological Reserve, which prevented CITY from completing the construction as
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stipulated in the original Agreement; and
25
WHEREAS, the CITY and DISTRICT desire to extend the term of the Agreement
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to allow for the completion of the PROJECT.
27
THEREFORE, CITY and DISTRICT do agree that their original Agreement of
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September 23, 1986 is amended as follows:
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Agreement No. D86 -098
Clause l.f, is amended to read:
l.f. Be responsible for the supervision of the construction contract for
the PROJECT, which construction shall be completed no later than
December 31, 1987.
All other terms and conditions of Agreement No. D86 -098, dated
September 23, 1986, and Amended December 16, 1986, shall remain unchanged and in
force.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates set forth opposite their respective signatures.
Date: /0- 9 7 , 1987
Date: /` //Q� �{_ , 1987
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
By: l
LINDA D. RtBERTS
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
ADRIAN RUYPER, County Counsel
ORANGE COUNTY, CALIFORNIA
Bys/
John R. Griset, Deputy
HS:mgPRO11 -35
7217
ORANGE COUNTY HARBORS, BEACHES AND
PARRS D7ICT
By: #�s
hai an of the Bbar vi rs
Orange County, acting as the
Governing Board of the Orange County
Harbors, Beaches and Parks District
CITY
By:
ATTE
By: n
City Clerk, City of NewpV16P each
APPROVED AS TO FORM:
By: (0�1, "�Q
ct
ity Attorney, City of Newport Beach
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I � •
Z(•,°� _O T O
UNV P
Z
G E
5 I ENVIRONMENTAL MANAGEMENT AGENCY
yr HARBORS, BEACHES AND PARKS
FIL
2 0 1987
• PUNIE SCHNEIDER
DIRECTOR, EMA
ROBERT F. WINGARD
DIRECTOR OF HARBORS, BEACHES 8 PARKS
LOCATION:
12 CIVIC CENTER PLAZA
P.O. BOX 4048
SANTA ANA, CA 82702 4048
MAILING ADDRESS:
P.O. BOX 4D48
SANTA ANA, CA 927024M
TELEPHONE:
E (714) OU-8834
Ms. Wanda E. Raggio, City Clerk
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
Subject: Amendment No. 2 to Agreement No. D86 -098 with City of Newport Beach on
Upper Newport Bay Bicycle /Equestrian Trail
Dear Ms. Raggio:
I am pleased to advise you that the Board of Supervisors approved the subject
Amendment at its meeting of October 27, 1987. Enclosed for your files are copies
of the Board's approving Minute Order and originally executed Amendment.
If you have any questions in this regard, please feel free to call me at 834 -2173.
Very truly yours,
Kenneth W. Scattergood, Chief
Special Districts and Lease Administration
KS:ds(WP16- 82)7323
Enclosures: Minute Order
Amendment
cc: Jeff Staneart, P.E., City of Newport Beach, Public Works Department
yo
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
OCTOBER 27, 1987
AMENDMENT NO. 2 TO AGREEMENT NO. D86 -098 WITH CITY OF NEWPORT BEACH ON UPPER
NEWPORT Y TRAIL (HARBORS, E C ES AND PARKS DISTRICT): Environmenta
Management gency requests authorization to amend existing cooperative
agreement with-City-of Newport Beach for cost sharing of City's Upper Newport
Bay Trail that would allow an extension of time to complete the construction.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth, the
oard authorized execution of Amendment No. 2 to Agreement No. D86 -098. MOTION
UNANIMOUSLY CARRIED.
NOV iY
NA
t& F1013 -2.3 (12/76)
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: January 14, 1987
(714) 644 -3005
SUBJECT: Contract No. C- 2435(D) (Amended)
Description of Contract Upper Newport Bay Bicycle /Equestrian
Trail Amendment to Funding Agreement
Effective date of Contract December 16, 1986
Authorized by Minute Action, approved on November 24, 1986
Contract with County of Orange
Address Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702 -4048
Amount of Contract (See Agreement)
"Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
V
0 0 (_o)
• TO: CITY COUNCIL
FROM: Public Works Department
November 24, 1986
Hv Tiiz %iTYCGdNCIL CITY COUNCIL AGENDA
CITY OF NEIYPQRT BEACH ITEM N0. F -3 (e
NOV 24 19 86
APPROVED
SUBJECT: UPPER NEWPORT BAY BICYCLE /EQUESTRIAN TRAIL (C -2435)
. AMENDMENT TO FUNDING AGREEMENT WITH THE COUNTY OF ORANGE
RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute Amendment No. 1 to
the Funding Agreement with the County of Orange for the subject proj-
ect.
DISCUSSION:
On July 14, 1986, the City Council approved an agreement with the
County of Orange which provided $150,000 of County funds for construction of the
subject project. The low bid exceeded the estimated project cost and additional
• funds were requested from the County. This amendment to the agreement provides
for an additional $90,000 and brings the County's total share to $240,000. The
original terms of the agreement remain unchanged with the City responsible for
obtaining all required permits, obtaining all right of way, and administering
the construction contract. The County will assume maintenance responsibility
for the trail when the construction is completed.
The County's Parks, Beaches and Harbors Commission recommended against
this request for additional funds. County staff has agreed to present this
request for additional funds to the Board of Supervisors, advising of the
Commission's recommendation, but with a staff recommendation favorable to the
City's request. This matter is planned for Board of Supervisors' consideration
on November 25, 1986. If the Board approves the request, this amendment to the
agreement will be forwarded for Board approval.
4,c �l 'g xe,
Benjamin B. Nolan
Public Works Director
JW:jd
•
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UNTY OF
3 /0,RAN CIF
ENVIRONMENTAL MANAGEMENT AGENCY
FILE
JAN 12 1987
Mr. Robert L. Wynn, City Manager
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
SUBJECT: Upper Newport Bay Trail- Agreement Amendment No. 1
ERNIE SCHNEIDER
DIRECTOR, EMA
12 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834 -2308
0 �.
JP1 \.�ca "eg.ach�
Oki 0
Enclosed is subject Agreement Amendment which was executed by the
Board of Supervisors on December 16, 1986, and which authorizes a
$90,000 increase in County's financial participation in City's
Upper Newport Bay Trail project from $150,000 to $240,000.
Orange County and the Harbors, Beaches and Parks District are pleased
to contribute toward this worthwhile recreational project.
RH:mw
Very truly yyo/ouurrrss,/,
Ernie Schneider, Director
t
Agreement No. D86 -098
1 AGREEMENT AMENDMENT NO. 1
2 UPPER NEWPORT BAY TRAIL
3 THIS AMENDMENT to Agreement is made and entered into this day of
4 1986, by and between the CITY OF NEWPORT BEACH, a municipal
5 corporation, hereinafter referred to as "CITY" and the ORANGE COUNTY HARBORS,
6 BEACHES AND PARES DISTRICT, a body politic, hereinafter referred to as "DISTRICT."
7 W I N E S S E T H
8 WHEREAS, CITY and DISTRICT entered into an Agreement dated September 23, 1986,
9 for cost sharing of CITY's Upper Newport Bay Trail project (Project); and,
10 WHEREAS, said Agreement provided for DISTRICT contribution of $150,000 toward
11 CITY's estimated $613,000 Project; and
12 WHEREAS, Project is located on property already dedicated, or scheduled for
13 dedication for DISTRICT's planned Upper Newport Bay Regional Park; and
14 WHEREAS, CITY has advised by letter that five construction bids have been
15 received for Project, and that Project low bid plus design and contract
16 administration costs total about $1,165,000, or $552,000 in excess of available
17 funding; and
18 WHEREAS, CITY requests added DISTRICT contribution of $90,000 toward project,
19 for a total contribution of up to $240,000; and
20 WHEREAS, COUNTY's Director, Environmental Management Agency has reviewed CITY's
21 low bid contract and funding request, and has found low bid to be appropriate and
22 responsive, and recommends approval of CITY request.
23 THEREFORE, CITY and DISTRICT do agree that their AGREEMENT of September 23, 1986
24 is amended as follows:
25 Clause 1.c.2) is amended to read:
26 2) Provide DISTRICT with policy of title insurance in the amount of
27 $240,000 for interests to be conveyed to DISTRICT. The @pre4iGrd 8oE 0
28 the policy shall be paid by CITY. JAN f 198
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EMA
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Agreement No. D86 -098
1
Clause
2,a. is amended to read:
2
a.
Upon written request, advance to the CITY the sum of $240,000 for
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the sole purpose of defraying a
portion of the costs of the
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construction of the equestrian
trail portion of PROJECT.
5
Clause
3.e. is amended to read:
6
e.
Should CITY fail to complete PROJECT as agreed to above, CITY shall
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reimburse the $240,000 advanced
by DISTRICT within 30 days of
8
written demand.
9
All other
terms and conditions of Agreement
No. D86 -098, dated September 23,
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1986,
shall remain
unchanged and in force.
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Agreement No. D86 -098
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
set forth opposite their respective signatures.
ORANGE COUNTY HARBORS, BEACHES AND
PARKS DISTRICT
r r 1986 �'
DATED: QF : � , 1986 B
C a rm�n of the Board of Supervisors,
Acting as Governing Board for the
Orange County Harbors, Beaches and
Parks District
CITY OF NEWPORT BEACH
DATED: , 1986
FOR
By:
YClerk of the f._$upervisors
of Orange County, California
DEC 16 1986
APPROVED AS TO FORM
By:
o my Counsel, Orange County
44�jcPRO08 -49
6308
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un
ATTEST:
r
By ://��s✓ c l yi
City Clerk, Wa aggio
City of Newport Beach
APPROVED AS TO FORM
I / 11
Assistant City Attorney, Carol Korade
City of Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
T0: FINANCE DIRECTOR
Public Works Department
/ lv tc
GlZ
FROM: CITY CLERK
DATE: October 22, 1986
SUBJECT: Contract No. C- 2435(D)
Description of Contract Funding Agreement for Upper Newport
Bay Trail
Effective date of Contract September 23, 1986
Authorized by Minute Action, approved on
Contract with County of Orange
July 14, 1986
Address Environmental Management Agency
Park Recreation Program Planning Division
12 Civic Center Plaza, G -08, P.O. Box 4048. Santa Ana. CA 92702 -4048
Amount of Contract (See Agreement)
" e�-q Atle
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
. ly 14, 1986
CITY COUNCIL AGENDA
ITEM N0. F -16
TO: CITY COUNCIL
FROM: Public Works Department
B"i Ti+£ CifY COUNCiL
CITY OF NWPORT BEACH
SUBJECT: UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435)
RECOMMENDATION:
JUL 1.. -. 1986
APPROVED
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 a.m. on August 14, 1986.
C_ 2�1)s -(c) 3. Authorize the Mayor and the City Clerk to execute the t of
C- 2_V3- -(D) 4. Authorize the Mayor and the City Clerk to execute the fang
DISCUSSION:
This contract provides for the construction of approximately 1.2 miles
of combination bicycle, pedestrian and equestrian trail along the boundary of
the Upper Newport Bay Ecological Reserve. The proposed trail will connect the
Jamboree Road and San Diego Creek Trails with the County's Santa Ana /Delhi
Channel regional equestrian route and the Irvine Avenue bike trail. Refer to
the attached vicinity map, Exhibit "A ".
The majority of the project entails construction of a separated trail
system consisting of a 12- foot -wide paved bicycle /pedestrian path and an adja-
cent 10- foot -wide graded dirt equestrian trail. A portion of the trail will be
constructed along a steep coastal bluff adjacent to wetlands. This 720 -foot-
long segment of trail will consist of a 20- foot -wide, elevated boardwalk. Where
the trail crosses the Santa Ana /Delhi Channel, an 80- foot -long prefabricated
bridge and two 96 -inch drainage culverts are required.
This is a multi- agency cooperative project. Funding and project sup-
port are being provided by the State of California, Department of Fish & Game,
the Wildlife Conservation Board, and the State Parks Foundation; by the County
of Orange, Environmental Management Agency, the Flood Control District, and the
Harbors, Beaches and Parks District, which will operate and maintain the project
facilities; and by The Irvine Company which is donating a portion of the project
right of way.
The estimated project cost is $613,000. Sufficient funds are
available from the current annual budget in the general fund under Account
Number 02- 7697 -268 and a variety of supplemental sources, summarized as follows:
Description
General Fund
SB 821 Local
SB 821 Regional
County HBPD fund
State Fish & Game
Total Funds
Amount of Funding
$ 50,000
46,000
322,000
150,000
45,000
$613,000
(>6f)
July 14, 1986
Subject: Upper Newport Bay Bicycle and Equestrian Trail (C -2435)
Page 2
The project Environmental Impact Report was certified as final on
September 26, 1983, and the Coastal Zone Permit was approved by the Commission
on June 12, 1986.
The plans and specifications were prepared by Austin -Foust and
Associates.
If acceptable bids are received, construction should commence by
3Se tember 1, 1986.
Benjamin B. Wolan•
Public Works Director
JS:jd
Att.: Exhibit "A"
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VICINITY MAP
UPPER NEWPORT BAY BICYCLE
EQUESTRIAN TRAIL PROJECT
''.. •.: , 56M RECORD016 REVEO R
W ERNMENT CODE 6103
WHEN RECORDED MAIL TO c'gpI
�1RENE J3UTLER tI�o �a Si lTl���
(City of Newport Beach f
P.O. Box 1768
Newport Beach, CA 92658 -8915
IRENE SUTLErc
Lttn:
86- 494(40 •
City' C'
Deed
No.L;;
C - z�l 3s(c>
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
OCT 20'86
COUNTY
RECORDER
EXEC M4PT
SPACE-ABOVE THIS LINE FOR REC04DER'S USE
Department of Fish and Game
Agency: Wildlife Conservation Board
AGREEMENT ANU GRANT OF EASEMENT Project: Upper Newport Bay
Eco Reserve, Orange County
File: EA581.-018
i
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 Newport Beach, hereinafter called
Grantee.
State, pursuant to the provisions of Section 14666 of the Government Code of the
State of California, and in consideration of the sum of $500.00, receipt of which
is hereby acknowledged, hereby grants unto Grantee, its successions and assigns
forever, an easement to locate, construct, reconstruct, alter, inspect, repair
and replace a bicyle /equestrian trail along with all fixtures and equipment
necessary therefor, over, under and across that certain real property situated in
the County of Orange, State of California, described in Exhibit "A ", and consisting
of 3 pages attached hereto and thereby made a part hereof.
THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTI7
Dated SEP 1 1 1986
GRANTEE:
STATE OF CALIFORNIA
Department of General Scrvic
By
�AITIiUVED: Depart nt of F•sh and Game
.-) yildlj e /Colrse�rvation Board
By rsL,.....r /A
W.:JTohn Schmidt- Executive Officer
RES -600 13/821
r
o
ly,�
PAIIT OF THIS AGREEMENT
of New ort Beach
—1 1%) l
for City
Newport
b/
86=494409 :� IM11 `n I kW'li : M1113 ^I
Cri
PROVIDED, this Grant of Easement is subject to the following terms and conditions:
1. 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 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 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, except those arising out of
the sole negligence of State.
-4.
3. State reserves the right to use said'real, property in any manner, provided
such use does not unreasonably interfere' -with Grantee's rights hereunder.
9. State reserves the right to require Grantee, at State expense, to remove and
relocate all improvements placed by Grantee upon 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 the improvements, Grantee shall remove and
relocate the improvements to a feasible location on the property of 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, all without
cost to Grantee, and Grantee thereupon shall reconvey to State the easement
herein granted.
5. In making any excavation on said property of State, Grantee shall make the
same in such manner as will cause the least injury to the surface of the
ground around such excavation, and shall replace the earth so removed by it
and restore the surface of the ground and any improvement thereon to as near
the same condition as they were prior to such excavation as is practicable.
6. This Easement shall terminate in the event Grantee fails for a continuous
period of 18 months to use the 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 cost 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 costs of such
removal and restoration shall be paid by Grantee upon demand.
86--494140
March 18, 1986
EASEMENT DESCRIPTION FOR PROPERTIES HELD BY THE STATE OF CALIFORNIA
AND GRANTED TO THE CITY OF NEWPORT BEACH FOR BIKE TRAIL PURPOSES
All that certain land partly in the City of Newport Beach and all in the
County of Orange, State of California, being a portion of Blocks 5 and 51 of
Irvine's Subdivision, per map filed in Book 1, Page 88 of Miscellaneous Maps,
records of said County, being a strip of land, described as follows:
A strip of land 30.00 feet in width, lying 14.00 feet northerly and
northeasterly of, and 16.00 feet southerly and southwesterly of the following
described line:
PARCEL I
Commencing at the centerline intersection of Irvine Avenue and University
Drive; thence S.1 °57'53 "E., 34.00 feet to the point of beginning;
Thence S.49 °21'46 "E., parallel with and 25.00 feet SW'ly of said centerline
of University Drive, 1,042.45 feet to the beginning of a curve, tangent, con-
cave SW'ly and having a radius of 600.00 feet;
Thence SE'ly along said curve, thru a central angle of 21 °05'32 ", an arc
distance of 220.88 feet to a line tangent;
Thence S.,28 016'14 "E., along said line, 273.92 feet to a point in the
southeasterly line'-of that certain parcel of land described as Parcel 102.1 in
deed to the County of Orange, recorded in Book 5906, page 516 of Official Records
of said Orange County and THE TRUE POINT OF BEGINNING;
Thence, S.28 °16'14 "E., 172.97 feet to the beginning of a curve, tangent,
concave NE'ly and having a radius of 80.00 feet;
Thence S /ly and E'ly along said curve, thru a central angle of 55 048'07 ",
an arc distance of 77.91 feet to a line tangent;
Thence S.84 °04'21 "E, along said line, 112.51 feet to the beginning of a
curve, tangent, concave N'ly and having a radius of 400.00 feet;
Thence E'ly along said curve, thru a central angle of 8 002127 ", an arc
distance of 56.14 feet to a line tangent;
Thence N.87 °53'12 "E., along said line, 70.68 feet to the beginning of a
curve, tangent, concave S'ly and having a radius of 400.00 feet;
Thence E'ly along said curve, thru a central angle of 10 030'46 ", an arc
distance of 73.39 feet to a line tangent;
EXHIBIT A
(continued)
0 $6_4941'40 •
Thence S.81°36'02 "E., along said line, 62.16 feet to the beginning of a
curve, tangent, concave Fly and having a radius of 16OU.UO feet;
Thence My along said curve, thru a central angle of 4 °41'44 ", an arc
distance of 131.12 feet to a line tangent:
Thence S.76 054'18 "E., along said line, 96.77 feet to the beginning of a
curve, tangent, concave N'ly and having a radius of 200.00 feet;
Thence E'ly along said curve, thru a central angle of 11 045136 ", an arc
distance of 41.05 feet to a line tangent;
Thence S.88 °38'29 "E., along said line, 84.13 feet to the beginning of a
curve, tangent, concave S'ly and having a radius of 400.00 feet;
Thence My along said curve, thrri a ;.entral angle of 6 014'29 ", an arc
distance of 43.57 feet to a line tangent
Thence S.82 °24'01 "E., along said line, 55.18 feet to a point in the south -
westerly line of Exhibit "B" as described in Deed to the State of California
recorded in Book 11382, page 1898, Official Records of Orange County,
California. Said point is in course No. 14 of said Exhibit "B ", lies
N.66 °51'26 "W., 70.60 feet from the southeasterly end of said course.
Together with a temporary easement for construction purposes 100.00 feet in
width and lying symmetrical about the above - described line, this temporary ease-
ment shall terminate "on August 15, 1988.
PARCEL II
Beginning at a point in course No. 3 of the aforesaid Exhibit "B" as
descibed in Parcel I above, distant thereon N.66 01'26 "W., 150.79 feet from the
southeasterly end of said course, said point also being the beginning of a
curve, concave northerly and having a radius of 800.00 feet; said point being
THE TRUE POINT Of BEGINNING for Parcel 11:
Thence My along said curve, thru a central angle of 12 026131 ", an arc
distance of 173.72 feet to a line tangent;
Thence S.65 038'31 "E., along said line, 87.97 feet to the beginning of a
curve, tangent, concave NE'ly and having a radius of 600.00 feet;
Thence SF'ly along said curve, thru a central angle of 9 "26'01 ", an are
distance of 98.81 feet to a line tangent;
Thence S.75 00.1'44 "E along said line, 12.4.79 feet to the beginning of a
curve, tangent, concave My and having a radius of 600.00 fe ^t;
Thence E'ly along said curve, thru a central angle of 12 °13'16 ", an arc
distanr_c of 12.7.98 feet to a line tangent:
a t
(continued)
0 $6_4941'40 •
Thence S.81°36'02 "E., along said line, 62.16 feet to the beginning of a
curve, tangent, concave Fly and having a radius of 16OU.UO feet;
Thence My along said curve, thru a central angle of 4 °41'44 ", an arc
distance of 131.12 feet to a line tangent:
Thence S.76 054'18 "E., along said line, 96.77 feet to the beginning of a
curve, tangent, concave N'ly and having a radius of 200.00 feet;
Thence E'ly along said curve, thru a central angle of 11 045136 ", an arc
distance of 41.05 feet to a line tangent;
Thence S.88 °38'29 "E., along said line, 84.13 feet to the beginning of a
curve, tangent, concave S'ly and having a radius of 400.00 feet;
Thence My along said curve, thrri a ;.entral angle of 6 014'29 ", an arc
distance of 43.57 feet to a line tangent
Thence S.82 °24'01 "E., along said line, 55.18 feet to a point in the south -
westerly line of Exhibit "B" as described in Deed to the State of California
recorded in Book 11382, page 1898, Official Records of Orange County,
California. Said point is in course No. 14 of said Exhibit "B ", lies
N.66 °51'26 "W., 70.60 feet from the southeasterly end of said course.
Together with a temporary easement for construction purposes 100.00 feet in
width and lying symmetrical about the above - described line, this temporary ease-
ment shall terminate "on August 15, 1988.
PARCEL II
Beginning at a point in course No. 3 of the aforesaid Exhibit "B" as
descibed in Parcel I above, distant thereon N.66 01'26 "W., 150.79 feet from the
southeasterly end of said course, said point also being the beginning of a
curve, concave northerly and having a radius of 800.00 feet; said point being
THE TRUE POINT Of BEGINNING for Parcel 11:
Thence My along said curve, thru a central angle of 12 026131 ", an arc
distance of 173.72 feet to a line tangent;
Thence S.65 038'31 "E., along said line, 87.97 feet to the beginning of a
curve, tangent, concave NE'ly and having a radius of 600.00 feet;
Thence SF'ly along said curve, thru a central angle of 9 "26'01 ", an are
distance of 98.81 feet to a line tangent;
Thence S.75 00.1'44 "E along said line, 12.4.79 feet to the beginning of a
curve, tangent, concave My and having a radius of 600.00 fe ^t;
Thence E'ly along said curve, thru a central angle of 12 °13'16 ", an arc
distanr_c of 12.7.98 feet to a line tangent:
(continued)
86_494140
Thence S.62 °51'28 "E., along said line, 73.38 feet to the beginning of a
curve, tangent, concave N'ly and having a radius of 800.00 feet;
Thence E'ly along said curve, thru a central angle of 18 °16'48 ", an arc
distance of 255.23 feet to a line tangent;
Thence S.81 008'15 "E., along said line, 178.41 feet to the beginning of a
curve, tangent, concave NW'ly and having a radius of 240.00 feet;
Thence NE'ly along said curve, thru a central angle of 73 °38'43 ", an arc
distance of 308.48 feet to a line tangent;
Thence N.25 °13102 "E., along said line, 122.90 feet to the beginning of a
curve, tangent, concave SE'ly and having a radius of 400.00 feet;
Thence NE'ly along said curve, thru a central angle of 15 010'36 ", an arc
distance of 105.95 feet to an intersection with a non - tangent curve, concave
N'ly and having a radius of 1562.00 feet, as described in Parcel 1 in Deed to
the State of California, recorded in Book 11382, page 1898 et seq., in the
office of the County Recorder- of Orange County, California.
(Said point of intersection lies southwesterly of the easterly terminus of
said 1562.00 foot curve, an arc distance of 151.27 feet).
Together with a temporary easement for construction purposes 100.00 feet in
width and lying syimne.trical about the above - described line, this temporary ease-
ment shall terminate on August 15, 1988.
F STATE OF CALIFORNIA
( SACRAMENTO 1 SS.
COUNTY OF
0
86494140
On this 11 th day of September ' before me, the undersigned, a Notary Public in and
for the State of California, personally appeared JDHN RR . HEAL Y
personally known to be or proved to me on
the basis of satisfactory evidence to be the non who executed this instrument as Senior Land Agent
of the office of Space and Rea Estate Services Department of General Ser i ac
of the State of California, and acknowledged to me that the State of California executed it.
WITNESS my hand and official seal.
STATE OF CALIFORNIA,
CWN1Y of
Orange
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE Dw
My CawNCioa Ewa, Apr. A 19x9
AtKNDW E9GMENT --6 M I— WoIcuM F" t72 w. 564
STATE OF CALF1N1111A,
1wlNlly a
Orange
OFFICIAL SEAL
OFFICIAL SEAL
��. CONSTANCE K. OKINO
DOROTHY L. PALEN
` m NOTARY PUBLIC - CALIFORNIA
�d
SACRAMENTOCOUNTY
My Comm. Expires Feb. 29, 1988
PRINCIPAL OFFICE IN
STATE OF CALIFORNIA,
CWN1Y of
Orange
OFFICIAL SEAL
DOROTHY L. PALEN
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE Dw
My CawNCioa Ewa, Apr. A 19x9
AtKNDW E9GMENT --6 M I— WoIcuM F" t72 w. 564
STATE OF CALF1N1111A,
1wlNlly a
Orange
ACIDIDIN EDCMEN7- ,aNratiWakanF Poti 333_4FV. 344
CUNSTANCE K. OKINO
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
October 9
19 86
before me, the undersigned, a Notary Public in and for said State personally appeared
Milin hMurpr. known to me to be the 'Mayor of the
known to me,
to be the Person— whose name_ i s Subscribed to the within Instrument,
and acknowledged to me that _he_ executed the same.
WITNESS my harts and official seal.
Notar P blic in and for said State.
OROTHY L. PALEN
October 9
me, the, undersigned, a Notary Public, in
19 86
itYlerk
of the City Ot Newport beach, personally known to me I
and known to me,
to be the person_ whose name_ is subscribed to the within Instrument,
and acknowledged to me that she_ executed the same.
WITNESS my hand and official seal.
No D� O iq {ndL . s tt$t31p,
OFFICIAL SEAL
DOROTHY L. PALEN
�d
NOTARY PUBLN: - OALIFORE
PRINCIPAL OFFICE IN
ORANGE COUNTY
Nr fanmisraA EF0. Apr. S, 19a!
ACIDIDIN EDCMEN7- ,aNratiWakanF Poti 333_4FV. 344
CUNSTANCE K. OKINO
NOTARY PUBLIC IN AND FOR THE STATE OF CALIFORNIA
October 9
19 86
before me, the undersigned, a Notary Public in and for said State personally appeared
Milin hMurpr. known to me to be the 'Mayor of the
known to me,
to be the Person— whose name_ i s Subscribed to the within Instrument,
and acknowledged to me that _he_ executed the same.
WITNESS my harts and official seal.
Notar P blic in and for said State.
OROTHY L. PALEN
October 9
me, the, undersigned, a Notary Public, in
19 86
itYlerk
of the City Ot Newport beach, personally known to me I
and known to me,
to be the person_ whose name_ is subscribed to the within Instrument,
and acknowledged to me that she_ executed the same.
WITNESS my hand and official seal.
No D� O iq {ndL . s tt$t31p,
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. Agreement No. D86 -098
; - -Qio
UPPER NEWPORT BAY TRAIL
THIS AGREEMENT is made and entered into this .23�J day of , , 1986,
by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter
referred to as "CITY" and the ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT, a
body politic, hereinafter referred to as "DISTRICT."
W I T N E S S E T H
WHEREAS, the Board of Supervisors, Governing Board of DISTRICT, by
resolution dated June 3, 1975, approved an Arterial Bikeway System (ABS) Financing and
Implementation Program as a basis for developing selected routes on the Master Plan of
Countywide Bikeways, now a component of the Transportation Element of the Orange
County General Plan; and
WHEREAS, the ASS Program includes a proposed Upper Newport Bay Trail as part
of Route Number 40 on the Master Plan of Countywide Bikeways; and
WHEREAS, the County Master Plan of Regional Riding and Hiking Trails, a
component of the Recreation Element of the Orange County General Plan, includes a
proposed regional equestrian trail link as park of the Irvine Coastal Riding and
Hiking Trail known as the Santa Ana Heights Trail, Trail Number 44, to connect the
Orange County Fairgrounds with Crystal Cove State Park; and
WHEREAS, the City Council of CITY on December 17, 1973, adopted a Master
Plan of Bikeways, as a component of the Recreation and Open Space Element of the
Newport Beach General Plan; and
WHEREAS, the aforesaid plans of both DISTRICT and CITY include a proposed
Upper Newport Bay bicycle and equestrian trail system to link University Drive and the
Santa Ana/Delhi Trails on the west side of the bay to the San Diego Creek Trail on the
east side of the bay, as shown on the attached exhibit map and hereinafter referred to
as "PROTECT;" and
WHEREAS, the State of California, Resources Agency, Department of Fish and
1 o 6
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Agreement No. D86 -098
Game, in its Management Plan for the Upper Newport Bay Ecological Reserve has
identified the need for a trail in the same area; and
WHEREAS, CITY, recognizing the special benefits it will derive from the
PROJECT and desiring that it be implemented as soon as possible, has offered to
design, provide partial funding for and supervise the construction contract for the
PROTECT; and
WHEREAS, CITY and DISTRICT deem it advisable to set forth the responsibili-
ties of each party with regard to the proposed PROJECT;
NOW, THEREFORE, BE IT RESOLVED that for and in consideration of the mutual
promises and agreements contained herein, the parties hereto do agree as follows:
1. CITY shall:
a. Assume the role and responsibilities of "Lead Agency" within the
context of the California Environmental Quality Act of 1970 (CEQA),
as amended, and as such shall be responsible for complying with
environmental requirements and filing required notices prior to
proceeding with construction of the PROJECT.
b. Obtain an encroachment permit from the Orange County Environmental
Management Agency (EMA) Public Property Permits Division for
placement of the bridge appurtenant to the PROJECT within the right
of way of said agency.
c. Obtain an easement for the PROJECT over and across the lands of The
Irvine Company and the State of California between Irvine Avenue and
Jamboree Road as shown on Exhibits 1 and 2 for bicycle and
equestrian trail purposes in favor of DISTRICT by instruments in a
form acceptable to Director, EMA, as shown on sample Easement Deed,
Exhibit 3.
In conjunction with said conveyance, CITY shall:
1) Do all things necessary to vest easement from The Irvine Company
2 of 6
Agreement No. D86 -098
1
over the Parcels identified on Exhibit 1, and from the State of
2
California over
the parcels identified on Exhibit 2 in DISTRICT free and clear of all
3
liens, encumbrances, assessments, easements, agreements, licenses, leases (recorded or
4
unrecorded), and
taxes except those approved by Director, END+.
5
2) Provide DISTRICT with policy of title insurance in the amount of
6
$150,000 for interests to be conveyed to DISTRICT. The premium
7
for the policy shall be paid by City.
8
3) All conveyance documents, i.e., deeds, legal descriptions, title
9
clearance documents, etc., utilized in acquisition of real
10
property interests and rights of way for this PROJECT must meet
11
the approval of the DISTRICT prior to DISTRICT acceptance of the
12
PROJECT for operation and maintenance.
13
d.
Obtain the necessary permit for the PROTECT from the California
14
Coastal Commission.
15
e.
Administer design and construction of the PROTECT to conform with
16
the Master Plan of Countywide Bikeways (Appendix B) as contained in
17
the Transportation Element of the Orange County General Plan and
18
with Trail Dimensions Criteria (Appendix 3) of the Riding and Hiking
19
Trails Component of the Orange County General Plan Recreation
20
Element, or as approved by Director -EMA. CITY shall submit plans
21
and specifications to DISTRICT for approval prior to award of
22
contract or commencing construction.
23
f.
Be responsible for the supervision of the construction contract for
24
the PROTECT, which construction shall be completed no later than
25
June 30, 1987.
26
g•
Maintain a complete and accurate record of all expenditures made
27
from the DISTRICT's advance of funds hereinafter provided for, and
28
retain said records during the term of this Agreement and for one
3 of 6
I
Agreement No. D86 -098
_
1
two-year period immediately thereafter. During such period CITY
i
2
i
shall make the records available to the DISTRICT for review during
3
normal business hours following reasonable notice that DISTRICT is
4
desirous of conducting such a review.
5
h.
Upon completion of the PROTECT, provide to DISTRICT a final project
6
completion report, including a full accounting of the project
7
funding and costs; and promptly return to the DISTRICT any funds not
8
I.
spent on equestrian trail as described in paragraph 2a, below.
9
2. DISTRICT shall:
10
a.
Upon written request, advance to the CITY the sum of One Hundred
11
Fifty Thousand Dollars ($150,000) for the sole purpose of defraying
12
a portion of the costs of construction of the equestrian trail
13
portion of PROTECT.
I
14
b.
Operate and maintain the PROJECT for public recreation and
15
transportation purposes, subject to receipt and approval of
16
acceptable conveyance documents as specified in paragraph 1, c, 3
17
I
above and subject to completion of PROJECT.
18
3. It
is mutually understood and agreed as follows:
19
a.
Neither the DISTRICT, County of Orange, nor any officer or employee
20
thereof shall be responsible for any damage or liability occurring
21
by reason of anything done or omitted to be done by CITY under or in
22
connection with any work, authority, or jurisdiction delegated to
23
CITY under this Agreement.
24
b.
CITY shall, to the extent that it may legally do so, fully
25
indemnify, defend, and hold DISTRICT harmless from any liability
26
imposed for injury occurring by reason of anything done or omitted
27
to be done by CITY under or in connection with any work, authority,
28
or jurisdiction delegated to CITY under this Agreement.
4 of 6
Agreement No. D86 -098
• _
1
c.
Neither the CITY, nor any official or employee thereof shall be
2
responsible for any damage or liability occurring by reason of
3
anything done or omitted to be done by DISTRICT under or in
4
connection with any work, authority, or jurisdiction delegated to
5
DISTRICT under this Agreement.
6
d.
DISTRICT shall, to the extent that it may legally do so, fully
7
indemnify, defend, and hold CITY harmless from any liability imposed
8
for injury occurring by reason of anything done or omitted to be
9
done by DISTRICT under or in connection with any work, authority or
10
jurisdiction delegated to DISTRICT under this Agreement.
11
e.
Should CITY fail to complete PROTECT as agreed to above, CITY shall
12
reimburse the $150,000 advanced by DISTRICT within 30 days of
13
written demand.
14
f.
This Agreement represents the full and complete understanding of
15
every kind or nature whatsoever between the parties hereto and all
16
preliminary negotiations and agreements of whatsoever kind or nature
17
are merged herein. No verbal agreement or implied covenant shall be
18
held to vary the provisions hereof. Any modification of this
19
Agreement will be effective only by written execution signed by both
20
CITY and DISTRICT.
21
g.
Where any legal action is necessary to enforce any provision hereof
22
for damages by reason of an alleged breach of any provisions of this
23
Agreement, the prevailing party shall be entitled to receive from
24
the losing party all costs and expenses in such amount as the court
25
may adjudge to be reasonable costs of litigation.
26
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5 of 6
Agreement No. D86 -098
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
dates set forth opposite their respective signatures.
ORANGE COUNTY HARBORS, BEACHES AND
PARRS DIS' CT
DATED: 9 a 3 - 6 , 1986 By: '
Cha rm of -the Board of Supervisors,
Acting as Governing Board for the
Orange County Harbors, Beaches and
Parks District
CITY OF NEWPORT BEACH
DATED: , 1986
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVrE - -D TO
THE CHAIRMAN OF THE K ^'• ?D.
By: G
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM
By:
G
RS:jcPRO05 -26
6206
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F
By: AO,40& 4avz4o —
City Clerk, Wanda io
City of Newport Be ch
APPROVED AS TO FORM
By: C C
Assistan City Attorney, Carol Korade
City of Newport Beach
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• Agreement No. D 86 -098
Facility /Project: Santa Ana Heights Trail
Facility No. /Project No.:
Parcel No.:
A:P. No.:
Location:
1-93V- Ai' �0 I J: 1
For a valuable consideration, receipt of which is hereby acknowledged,
do_ hereby Grant to the
ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT,
A perpetual nonexclusive recreation easement for riding, hiking and equestrian
trail purposes in, on, and over the real property located in the County of Orange,
State of California, described as follows:
Dated:
(INSERT LEGAL DESCRIPTION HERE)
Exhibit 3
w
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
SEPTEMBER 23, 1986
AGREEMENT NO. D86 -098 WITH THE CITY OF NEWPORT BEACH FOR UPPER NEWPORT BAY
TRAILS (HARBORS, BEACHES AND PARKS DISTRICT): Environmental Management Agenc
requests approval o Agreement No. 6_0 9 with the City of Newport Beach for
construction, operation and maintenance of bicycle and equestrian trails.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Clark, the
foregoing item was approved and the Clerk of the Board was authorized to
execute the agreement. MOTION UNANIMOUSLY CARRIED.
10FS)F1013 -2.3 (12)76)