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
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-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
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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
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