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HomeMy WebLinkAboutC-2609 - Right of Way Dedicates, MacArthur Boulevard/Ford Road wideningRecording Requested By and OF $�-310223 RECORDED IN FICIAL L RECORDS When Recorded Mail To- OF ORANGE COUNTY CALIFORNIA City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 EXEMPT REMINO ROOM, Newport Beach, CA 9266-5 Attention: City Clerk `e �/Al.��/ 7' (space above this line for recorder's us NO CONSMMM !1' 4 Do�Il l -122 PM AUG 19'86 COUNTY RFCORDER .. CALIF J P CITY CLUAK THIS AGREEMENT executed this 19861 by and between THE IRVINE COMPANY, a Michig r ation (hereinafter referred to as "Company") and the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "City"), is made with reference to the following: RECITALS A. Company is the owner of certain real property located in the City of Newport Beach, County of Orange, State of California, commonly known as the MacArthur Boulevard/Avocado Avenue Corridor located southerly of Ford Road and northerly of Coast Highway (the "Corridor"). B. The implementation of City's Circulation Element of the General Plan requires construction of certain street improvements along the Corridor in order to widen MacArthur Boulevard (the "Street Improvements"), which Street Improvements shall be in accordance with one of the following designs: (i) the City Circulation Element, Master Plan of Streets and Highways of the City (the "Master Plan"I in effect as of the date of that certain Development Agreement between Company and City dated April 22, 1985 (the "Development Agreement"), which Master Plan depicts a "couplet" plan for the Street Improvements as shown on Exhibit "A" attached hereto; (ii) the Master Plan as amended by General Plan Amendment No. 85-1B, which amended Master Plan depicts a "two-way MacArthur" plan for the Street Improvements as shown on Exhibit "B" attached hereto; or (iii) the Master Plan as amended by any subsequent amendments to the City's General Plan. The actual plan used for the design of the Street Improvements as determined by City is hereinafter referred to as the "Selected Plan". C. In the event that the Master Plan is amended to require street improvements different than those shown on the Master Plan effective on the date of the Development Agreement, Company's obligation to dedicate right-of-way pursuant to this Agreement shall be increased or decreased, whichever is appropriate; provided, however, the size and extent of the property to be dedicated by Company shall not, in any event, be substantially greater than that required by the Master Plan in effect as of the date of the Development Agreement (i.e., the "couplet" plan). D. Pending City's final determination as to which of the plans shall be used to construct the Street Improvements, City has requested Company to agree to irrevocably offer for dedication to City a perpetual easement over and across the Corridor (the "Easement") for the purpose of constructing such Ctrnot imnrnvnmantc E. Pursuant to City's request, Company intends to dedicate to City a perpetual easement and all additional right-of-way necessary for the construction of the Street Improvements over and across the Corridor in accordance with the Selected Plan. NOW, THEREFORE, in order to insure the conveyance of sufficient right-of-way to complete the Street Improvements, and in consideration of the covenants herein made, Company and City hereby agree as follows: 1. Company, for itself, its successors and assigns, hereby agrees to offer for dedication to City an Easement for public street, highway and utility purposes over, under and across that portion of the Corridor necessary for the construction of the Street Improvements in accordance with the Selected Plan (the "Easement Area"); provided, however, the size and extent of the Easement Area to be dedicated by the Company shall not, in any event, be substantially greater than that required to construct the Street Improvements pursuant to the Master Plan in effect as of the date of the Development Agreement (i.e., the "couplet" plan). 2. During the preliminary stages for the design of Street Improvements, City agrees to provide Company with the opportunity to review and comment on the preliminary plans and specifications for the Street Improvements. 3. City represents that it shall have the power and authority to accept all or a portion of the Easement Area for dedication at such time as City determines that the construction of all or a portion of the Street Improvements can be accomplished through the use of fair share, other revenues or as a condition of development for projects in the City of Newport Beach. 4. Any acceptance by City of Easement offered for dedication shall be pursuant to a formal resolution, which resolution shall indicate by legal description and right-of-way drawing the Easement Area to be used to construct the Street Improvements; provided, however, that City shall be authorized to accept the dedication into City's street system only that land necessary to complete the Street Improvements in accordance with the Selected Plan. In the event City accepts only a portion of said Easement Area for dedication, such partial acceptance shall in no way affect or invalidate Company's offer to dedicate the remainder of the Easement Area. 5. At such time as City is willing and able to accept the dedication of all or a portion of the Easement Area into City's street system, Company shall cause to be recorded a grant of easement substantially in the form of Exhibit "C" attached hereto. -2- STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On this 1— day of -� �L� , 1986, before me, the undersigned a Notary Public in a d for said State, personally appeared C. B. Olson and Thomas 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 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.- s,PL °x , OFFICIAL SEAL NINA MIRABELLA NOTARY PUBLIC - CALIFORNIA, ORANGE 'COUNT`! I My comm. mires MAR alZ loon Notary Public in and for said State STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE 1 On this day of _, 1986, before me, the undersigned a Notary Public iiV and for said State, personally appeared Philip Maurer, personally known to me (or proved to me on the basis of satisfact,ir yam,evidence), tq be the Mayor of the City of Newport Beach,; i/,',a,, �r�personally known to me (or proved to me on the basis of sa factory evidence) to be the ity Clerk of the City of Newport Beach, and , Personally known to me (or proved to me on the osis of satisfactory evidence) to be the City Attorney of the City of Newport Beach, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DOROTHY L. PALEN Notary2a--a Ez�� Publi in and for said State IOZ-MY NOTARY PUBLIC •CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY Commission Exp, Apr. 5, 1989 .. _ 86:370223 rr - P 7�` P • D w SAN JOACUIN yit is C = SA -,4 NICOLAS DR. ROAD Z - S Sri � •�t " MtCiJEL � . Pi .`- p - O C • Q , HARECR VIE'. ald v� PAC:FiC M COAS t LEGEND ® -TRAFFIC SIGNAL PRIMARY C O IIP "T.r-c. --�►- DIRECTICN OF TRAVEL p - P-RZ.M .RY ARTER= � ri� I iT �A� M - MALTOR ARTERIAL hen .f- p 4 liiAA :61121 bb: dfU Z3 r( M c S.; N JQ A CUIN 1w_ kit �414 SAN NICOLAS DR. ROAD SAS MtC iJE_ - • M 4 - c Q F ?RAL 4 r ; HARBCR VIE)I P C: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92668 Attention: City Clerk 86310��,� �xEy+ �l�r�it Deed No. Space above this line for recorder's use only EASEMENT DEED x FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a Michigan corporation ("Grantor"), does hereby GRANT to the CITY OF NEWPORT ,BEACH, a municipal corporation ("Grantee") a perpetual easement and right-of-way for street, highway and utility purposes in, on and over the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by this reference (the "Easement Area"). RESERVING UNTO THE GRANTOR, its successors and assigns the right to construct, maintain and operate utilities of all kinds across and under said right-of-way or any part thereof and to construct, maintain and use, at any time, private road crossings at reasonable places, but not so as to interfere with the reasonable use for street or highway purposes or the natural flow or drainage of storm water; provided, however, that any such utilities shall be subject to any permits regularly required by the Grantee. Grantor agrees that said reservation for any portion of the Easement Area shall terminate at such time as that portion of the Easement Area has been accepted by the City Council and there has been conmencement of the construction of Street Improvements on the accepted Easement Area. Grantee agrees, at its sole cost and expense, to maintain and repair the Easement Area in a clean, safe, and usable condition. Exhibit "C" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92668 Attention: City Clerk 86=3702L Quo Clerk Deed Q No.1 Space above this line for recorder's use only EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a Michigan corporation ( "Grantor "), does hereby GRANT to the CITY OF NEWPORT BEACH, a municipal corporation ( "Grantee ") a perpetual easement and right -of -way for street, highway and utility purposes in, on and over the real property in the City of Newport Beach, County of Orange, State of California, described in Exhibit "A" and delineated on Exhibit "B" attached hereto and made a part hereof by this reference (the "Easement Area "). RESERVING UNTO THE GRANTOR, its successors and assigns the right to construct, maintain and operate utilities of all kinds across and under said right -of -way or any part thereof and to construct, maintain and use, at any time, private road crossings at reasonable places, but not so as to interfere with the reasonable use for street or highway purposes or the natural flow or drainage of storm water; provided, however, that any such utilities shall be subject to any permits regularly required by the Grantee. Grantor agrees that said reservation for any portion of the Easement Area shall terminate at such time as that portion of the Easement Area has been accepted by the City Council and there has been commencement of the construction of Street Improvements on the accepted Easement Area. Grantee agrees, at its sole cost and expense, to maintain and repair the Easement Area in a clean, safe, and usable condition. Exhibit "C" (DUN(!L AGENDA NCI. / - 3 (a) � MEMORANDUM OFFICE OF THE CITY ATTORNEY August 4, 1986 TO: Mayor and Members of the City Council FROM: Carol A. Korade, Assistant City Attorney RE: Agreement - Offer to Dedicate Rights -of -Way for MacArthur Boulevard Street Widening. On April 22, 1985, the City of Newport Beach and The Irvine Company executed the North Ford Development Agreement. Section 4(C)(3)(b) of this Development Agreement states that The Irvine Company must execute an Agreement to dedicate all rights - of -way necessary for the construction of street improvements on MacArthur Boulevard prior to the issuance of a certificate of occupancy for the development of MacArthur Court. Recommendation: It Council authorize the execution is The Irvine Company's offer necessary for MacArthur Boulevard CAK /mlh is recommended that the City of the attached Agreement which to dedicate the rights -of -way street widening. Carol A. Korade Assistant City Attorney BY THE CITY COUNCIL CITY Of NEWPORT PER F AUG 11 1986 APPROVED a CITYtF NEWPORT BLOACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 14, 1986 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following document for recordation and return to the above -named office: Agreement - Offer to Dedicate Rights -of -Way for MacArthur Boulevard Street Widening, between the City of Newport Beach and The Irvine Company. Sincerely, Wanda E. Raggio City Clerk 3300 Newport Boulevard, Newport Beach l2j J //YA