HomeMy WebLinkAboutC-2435(F) - Upper Newport Bay Bicycle & Equestrian Trail, Agreement & Grant of EasementTO
FROM
• SUBJECT
0 October 27, 1986
(,3, f)
CITY COUNCIL AGENDA
ITEM NO. F -3(b)
CITY COUNCIL BY THE CITY COUNCIL
Public Works Department C'— 2�35(F> CITY OF NEWPORT BEACH
UPPER NEWPORT BAY BICYCLE AND EQUESTRIAN TRAIL (C -2435) OCT 2 7 1986
RECOMMENDATION:
APPROVED
Authorize the Mayor and the City Clerk to execute an agreement and
grant of easement with The Irvine Company.
DISCUSSION:
City Council action on July 14, 1986 authorized execution of an
agreement and grant of easement with the State of California, Department of
Fish & Game. Right -of -way has also been granted by the J.M. Peters Company for
the portion of the project crossing the "Bayview" development. Other portions
of the trail route lie within public rights -of -way. This agreement provides the
necessary right -of -way over Irvine Company property. Principal terms of the
agreement are as follows:
1. The Irvine Company grants an easement over the described parcels
for the purpose of constructing, maintaining and operating a bicycle and
equestrian trail.
•2. City agrees to a "one -time relocation clause" allowing for the
trail to be relocated at the request and expense of The Irvine Company.
3. City agrees to maintain trail and improvements, but has the right
to assign the easement interest and its terms and conditions to others.
PROJECT STATUS:
Bids for the project were received on August 14, 1986, with the
low bid exceeding available project funding by approximately $550,000. On
September 22, 1986 the City Council approved an agreement with the low bidder
to extend the award date for the contract and directed the City staff to pursue
additional funding. Requests for additional funding have been made to the State
Coastal Conservancy, the State Department of Fish and Game, the Orange County
Transportation Commission (SB -821 Funding Program) and the County of Orange.
Additional funds from the State Department of Fish and Game and the
State Coastal Conservancy are not available for this project. However,
$373,456 from the Orange County Transportation Commission SB -821 Regional and
Local Bicycle Trails Programs has been approved and will be available in mid-
November, 1986. An additional $90,000 has been approved by the Orange County
Parks Commission and is scheduled for consideration by the Board of Supervisors
in November 1986. If the County Board of Supervisors approves the additional
County funds requested, only $90,000 of additional City funds will be required
to award the contract and construct the Upper Newport Bay Bicycle and Equestrian
Trail Project. A further staff report on the project regarding award of the
Construction Contract will be forthcoming after SCAG action on the SB -821 fund -
i no component and Board of Supervisors action on the County funding component.
Benjamin B. Nolan
Public Works Director
BBN /bjm
C #2435 (f)
EXEMPT RECORDING REQUEST EXEMPT RECORDING REQUEST E 61 PER
WHEGN�VIFECOADEP9 A`PC3TO: Ci ;y : C.'(
Deed
City of Newport Beach No. 1;791
3300 Newport Boulevard, P.O. Box 1768
Newport Beach, CA 92658 -8915
EXEMPT
C1
This Space
GRANT OF EASEMENT
86 -KK64
RECORDED iN FFiCigl
OF QRANGE COUNiy. CA
LIFORM4
-12222 PM NOV 4'86
r Recorder's Use only
The Undersigned Grantor(s) Declare(s)
Documentary Transfer Tax $
_Computed on the Consideration
or Value of Property Conveyed
or
_Computed on the Consideration
or Value Less Liens and En-
cumbrances Remaining at Time
of Sale.
Assessor's Parcel No.
AGREEMENT FOR DEDICATION
AND
GRANT OF EASEMENT
THIS AGREEMENT is made and entered into this, �cday
of „ "> , 1986, by and between the CITY OF NEWPORT BEACH, a
municipal corporation (hereinafter designated as the "CITY ",) and
THE IRVINE COMPANY, a Michigan corporation (hereinafter designated
as the "COMPANY ") with reference to the following facts:
A. The City Council of the City of Newport Beach on
December 17, 1973, adopted a Master Plan of Bikeways, a component of
the Recreation and Open Space Element of the Newport Beach General
Plan.
B. Said system includes a proposed Upper Newport Bay
trail which is an important trail link and which connects University
Drive on.the west side of the bay to the San Diego Creek trail on
the east side of the bay.
C. The CITY proposes to construct said trail on an
alignment which crosses over properties owned by the COMPANY, and
the CITY requires a Grant of Easement to construct, maintain and
operate said trail.
D. The CITY and COMPANY wish to more specifically define
the conditions under which this Grant of Easement shall be granted
to the CITY.
NOW, THEREFORE, be it resolved that for and in considera-
tion of the foregoing, the mutual promises and agreements contained
herein, and other valuable consideration, the receipt and adequacy
of which is hereby acknowledged, the parties hereto do agree as
follows:
1. Grant of Easement. COMPANY hereby grants to the
CITY, its agents, employees and assigns a nonexclusive easement over
and across that certain real property located between Irvine Avenue
and Jamboree Road northeasterly of the boundaries of the Upper
Newport Bay Ecological Preserve, as more particularly described on
Exhibit "A" and depicted on Exhibit "B" both of which are attached
hereto and which are, by this reference, made a part hereof (herein-
after the "Easement "). Said Easement shall be for the sole purpose
of constructing, maintaining and operating, for the benefit of the
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86- 528280 W-
public a trail for bicycle and equestrian ingress and egress and for
the maintenance of adjacent real property which is owned by the
COMPANY as described in Paragraph 3, below, and shown on Exhibit "B"
and for no other purpose.
2. Subject to: It is mutually agreed that this Grant of
Easement shall be subject to:
(a) Any covenants, conditions, encumbrances,
restrictions, reservations, claims, easements and rights of way
apparent or of record or of which City has knowledge.
(b) The requirement that any and all plans and spec-
ifications covering improvements to be installed or constructed
within the Easement shall be submitted to the COMPANY for its review
and approval prior to installation or construction.
(c) A one -time relocation of improvements within the
Easement installed or constructed by the CITY at the request of the
COMPANY upon a determination by the COMPANY that said Easement and
any improvements thereon interfere with the future development of
the COMPANY's property whether within or adjacent to the Easement,
provided that the COMPANY upon such relocation shall grant to the
CITY a like and similar Easement on the same terms and conditions
herein stated, contiguous with the easements across the adjacent
properties to allow for trail continuity thereacross, without any
cost to CITY; and furthermore, that the COMPANY, its successors or
assigns shall perform or cause to be performed the physical reloca-
tion of all trail improvements placed upon the Easement at no cost
to CITY.
3. Maintenance: CITY shall maintain, repair, replace
and restore the Easement and all improvements constructed thereon
including, but not limited to, any drainage facility located either
in the Easement or in adjacent real property owned by the COMPANY
which serves the Easement. The CITY shall also maintain the real
property owned by the COMPANY which lies adjacent to and between the
Easement and the boundary of the State of California Upper Newport
Bay property which is shown on Exhibit "B."
4. Indemnification: COMPANY shall not be liable for any
claim, cost, loss, damage, injury or death of any kind or character
to any person or property (including attorneys' fees) to the extent
caused by or arising from any act or omission of CITY or any of its
agents, assigns, or employees pursuant to'th s Agreement. CITY
shall not be liable for any claim, cost, loss, damage, injury or
death of any kind or character to any person or'property (including
attorneys' fees) to the extent caused by or arising from any act or
omission of COMPANY or any of its agents, assigns or employees
pursuant to this Agreement.
The CITY as a material part of consideration for this
Agreement, hereby agrees to indemnify and hold the COMPANY, its
officers, directors, employees, agents and representatives, free and
harmless from any and all liability for any such claim, cost, loss,
damage, injury or death (including attorneys' fees) to the extent
caused by or arising out of (a) the use of the Easement by CITY or
the public and (b) the trespass by any person from the Easement onto
any portion of that real property adjacent to the Easement.which is
owned by the COMPANY and which is identified on Exhibit "B" as
Irvine Co. property to be afforded indemnification coverage.
COMPANY, as a material part of the consideration for this Agreement,
hereby agrees to indemnify and hold the CITY, its officers,
directors, employees, agents and representatives free and harmless
from all liability for any such claim, loss, damage or injury or
death (including attorneys' fees) to the extent caused by or arising
out of any act or omission of the COMPANY or any of its agents,
assigns or employees pursuant to this Agreement.
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86 -52828
5. Insurance: As the CITY self insures for its liabiL-
ity exposure, the CITY shall at all times maintain sufficient funds
available to provide the same amounts, coverage, protection, and
payments by way of self insurance as would be provided if the CITY
were to obtain insurance as set forth below.
(a) Comprehensive general liability in the amount
not less than $1,000,000.00 combined single limit bodily injury and
property damage liability per occurrence, for the operations of the
CITY under this Easement.
(b) This liability insurance shall include automo-
bile liability, personal injury, contractual liability and, depend-
ing on the purpose for which the property is used, products /com-
pleted operations, broad form property damage and independent con-
tractors liability.
(c) Worker's compensation coverage as required by
law, together with employer's liability coverage and waiver of all
rights of subrogation against the Company.
If the City subcontracts or assigns any portion
of the work of construction or installation improvements or mainten-
ance under this Agreement each such subcontractor or assign shall be
required by the City to purchase and maintain insurance coverage of
the types of and amounts listed above. ,
In the use of a subcontractor or assignee by the
CITY, each policy of insurance required above shall (i) name the
COMPANY as an additional insured and state that the policy or poli-
cies shall be primary and that any insurance carried by COMPANY
shall be noncontributing, and (ii) provide for thirty (30) days'
prior written notice to the COMPANY in the event of any cancellation
or in the event of any reduction in coverage or amount requested by
such subcontractor or assignee of the CITY.
Sufficient evidence of self insurance and, if
applicable, insurance shall be provided to and approved by the
COMPANY no later than the execution of this Agreement (in the case
of the CITY) or the entry upon the Easement and any adjacent real
property subject to this Agreement (in the case of a subcontractor
or assignee).
6. Mechanics Lien: CITY shall not suffer or-permit to
be enforced against the Easement, or any part'thereof, any faech8n-
ics', material- men's, contractors' or subcontractors' liens arising
from or any claim for damage growing out of the work authorized by
this Agreement. The CITY shall pay or cause to be paid all of said
liens, claims or demands before any action is brought to enforce the
same against said lien, and CITY agrees to indemnify and hold
COMPANY and said Easement free and harmless from all liability for
any and all such liens, claims and demands, together with reasonable
attorney's fees and all costs and expenses in connection therewith.
7. Attorney's Fees: It is mutually agreed that in the
event any legal action is instituted by any party hereto for the
purpose of enforcing or interpreting the terms or provisions of this
Agreement arising under or relating to this Agreement, the prevail-
ing party in such action shall be entitled to its reasonable attor-
neys' fees, costs and expenses in such amount as the court may
adjudge to be reasonable costs of litigation.
8. Successors in Interest: The Easement, including all
of the terms and conditions of this Agreement, shall be binding
upon, and shall inure to the benefit of, the parties hereto and
their respective heirs, personal representatives, successors in
interest, and assigns.
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86- 528284 rr
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
THE IRVINE COMPANY, a Michigan
corporation
t
BY:
i liam H. McifarlAand
Executive Vice President
i
BY:
Tom Sakai
Assistant Secretary
� PPP,p
STATE OF CALIFORNIA ) c
COUNTY OF ORANGE )
On this �i'T� day of in the year �1\ Quo before
me, the undersigned, a Notar_t6Public in and for said State,
personally appeared William H. McFarland and Tom Sakai, personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the persons who executed the within instrument as Executive
Vice President and Assistant Secretary, respectively, on behalf of
the corporation therein named and acknowledged to me that the
corporation executed it.
WITNESS my hand and official seal.
f
No a Public and for said State
,gad; Wynn Wermanson
IPL84 -4-
K IAI SEAL
NERMANSON
UL CALIF 'jRNIA
L OFFICE IN
E COUNTY
MAR. 4. 1988
86 -52828
This is to certify that the interest in real property
conveyed by the deed or grant date October 29, 1986
from The Irvine Company, a Michigan corporation, to the City of
Newport Beach, a municipal corporation, is hereby accepted by the Mayor
and CityClerk onthe 29th day of October . 19 86 ,
ana the grantee consents to recordation thereof by its duly
authorized officer.
DATED: October 29, 1986
APPROVED
( AS TO FO
t 'Ia1, 1i I& LC� 71CIL
Cdt'ol Korad4,
Assistant City Attorney
City of Newport Beach
ATTFST:
Wanda Raggio ity Clerk
City of Newport Beach
STATE OF CALIFORNIA,
BEACH. a
Mayor
COUNTY O
Orange SS.
On this G tday of in the year %1Ck, b re me the'undersigned a
Notary Public in and for said State, personally appeared lam, known
to me to be the Mayor of the City of Newport Beach and known to
me to be the.City. Clerk of the City of Newport Beach and nown to me to the persons
who executed the within instrument on behalf of said governmental agency, ?nd
acknowledged to me that such governmental agency executed -the same.
WITNESS my hand and official seal. ••����
.... OFFICIAL STN.
DOROTHY L. PATEN
NOTARY PUTR.IC - CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
1 MI Commission Esµ AP. S. 1989
1 Notary in end for said State.
STATE OF CALIFORNIA
COUNTY OF
On this day of , in the year
me, the undersigned, a Notary Public in and for said State,
personally appeared , personally
to be the person who executed the within instrument as
on behalf of the corporation therein named
and acknowledged to me that the corporation executed it.
before
known
WITNESS my hand and official seal.
Public in and for Said State
EXHIBIT A
" • - arch 18, 1986
EASEMENT DESCRIPTION FOR PROPERTIES HELD BY
THE IRVINE COMPANY 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:
PARCEL I
A strip of land 30.00 feet width, lying 14.00 feet northerly
and northeasterly of, and 16.00 feet southerly and southwesterly
of the following described line:
Commencing at the centerline intersection of Irvine Avenue
and University Drive; thence S.1 057'53 "E., 34.00 feet to the
point of beginning;
Thence 5.49 021146 "E., parallel with and 25.00 feet
southwesterly of said centerline of University Drive, 1,042.45
feet to the beginning of a.curve, tangent,sconcave southwesterly
and having a radius of 600.00 feet;
Thence southeasterly along said curve, thru a central angle
of 14 010'01 ", an arc distance of 148.35 feet to a point on the
southwesterly sight -of -way line of said University Drive, 100.00
feet in width, and THE TRUE POINT OF BEGINNING;
Thence continuing along said curve, having a radius of
600.00 feet, through a central angle of 6 055'31 ", an arc distance
of 72.53 feet bo a line tangent;
Thence 5.28 016114 "E., along said line, 173.92 feet to a
point in the northwesterly 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, CA,
PARCEL II
A strip of land 30.00 feet in width, lying 14.00 feet
northeasterly of and 16.00 feet southwesterly of the following
described line:
Commencing at the centerline intersection of Irvine Avenue
and University Drive; thence S.1 057'53 "E., 34.00 feet to the
point of beginning;
ICL143
• W528284 • ,arch 18, 1986
Thence S.49 021'46 "E., parallel with and 25.00 feet
southwesterly of said centerline of University Drive, 1,042.45
feet to the beginning of a curve, tangent, concave southwesterly
and having a radius of 600.00 feet;
Thence southeasterly along said curve, thru a central angle
of 21 005'32 ", an arc distance of 220.88 feet to 4 line tangent;
Thence S.28 016'14 "E., along said line, 446.89 feet to the
beginning of a curve, tangent, concave northeasterly and having a
radius of 80.00 feet;
Thence southerly and easterly along said curve, thru a
central angle of 55 048'07 ", an arc distance of 77.91 feet to a
line tangent;
Thence S.84 004'21 "E., along said line, 112.51 feet to the
beginning of a curve, tangent, concave northerly and having a
radius of 400.00. feet;
Thence easterly along said curve, thru a central angle-of
8 002'27 ", an arc distance of 56.14 feet to a line tangent;
Thence N.87 053'12 "E., along said line, 70.68 feet to the
beginning of a curve, tangent, concave southerly and having.a;
radius of 400.00 feet;
Thence easterly along said curve, thru a central angle of
10 030'46 ", an arc distance of 73.39 feet to a line tangent;
Thence S.81 036102 "E., along said line, 62.16 feet to the
beginning of a curve, tangent, concave southerly and having a
radius of 1600.00 feet;
Thence easterly along said curve, thru a central angle of
4 041144 ", 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 northerly and having a
radius of 200.00 feet;
Thence easterly along said curve, thru a central angle of
11 045'3611, an arc distance of 41.05 feet to a line tangent;
Thence S.88 038'29 "E., along said line, 84.13 feet to the
beginning of a curve, tangent, concave southerly and having a
radius of 400.00 feet;
Thence easterly along said curve, thru a central angle of
6 014129 ", an arc distance of 43.57 feet to a line tangent;
ICL143
' ('S- 528284 C
_ .larch 18, 1986
Thence 5.82 024'01 "E., along said line, 55.18 feet to a point
in the southwesterly line of Exhibit "B" as described in Deed to
the State of California recorded in Book 11382, Page 1989,
Official Records of Orange County, California. Said point is in
course No. 14 of said Exhibit "B," and lies N.66 051126 "W., 70.60
feet from the southeasterly end of a said course, and is THE TRUE
POINT OF BEGINNING of this.description;
Thence continuing S.82 024101 "E., 212.33 feet to the
beginning of a curve, tangent, concave southerly and having a
radius of 800.00 feet;
Thence easterly along said curve, thru a central angle of
11 00310911, an arc distance of 154.32 feet to a line tangent;
Thence S.71 020152 "E., along said line, 253.17 feet to the
beginning of a curve, tangent, concave southerly and having a
radius of 200.00 feet;
Thence easterly along said curve, thru a central angle of
25 009'51 ", an arc distance of 87.54 feet to a line tangent;
Thence 5.46 011101 "E., along said line, 77.46 feet to the
beginning of a curve, tangent, concave northeasterly and having a
radius of 800.00 feet;
Thence southeasterly along said curve, tbru a central angle
of 7 001'05 ", an arc distance of 97.99 feet to a line tangent;
Thence 5.53 012106 "E., along said line, 148.23 feet to a
point in course No. 8 of the aforesaid Exhibit "B," and lies
N.66 051'26 "W., a distance of 150.79 feet from the southeasterly
end of said course.
ICL143
5
0
LEGEND
Q
cy,
MAINTENANCE AREA
`��••� FENCED AREA
AREA TO HAVE INDEMNIFICATION COVERAGE
IrliBIT TO ACCOMPANY EASEMENT DESCRIPTIONS
P,C)," THE RVINE COMPANY
EXHIBIT �Eb SHEET t OF 1
October 28, 1996
TO: MAYOR / CITY CLERK
FROM: Public Works Department
SUBJECT: Upper Newport Bay Bicycle Trail
Agreement & Grant of Easement
The attached agreement for dedication and grant of easement
with The Irvine Company was approved by minute action at the last
meeting of the City Council. Please execute each of the three copies
on behalf of the City and return them to this office. If you have
questions, please call.
Jeff Staneart, P.E.
att.