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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 -1- IPL84 8/11/86 • 40 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. IPL84 -2- h s • 40 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. -3- IPL84 i l r 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.