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HomeMy WebLinkAboutC-2820 - Easement, License Agreement & Quitclaim (Water Line)^ECORDED IN OFFICIAL RECORDS RECORDING REQUESTED BY AND (]�_��r�Q6� L'o �' E COUNTY, CALIFORNIA WHEN RECORDED RETURN TO: 15 City Clerk P.�i. MAY 1990 /-��'`���° City of Newport B` ach Post Office Box 1768 LZ.V�RECORDER 3300 Newport Boulevard Newport Beach, CA 92659-1768 Space above this line for Recorder''s use only INDEX AS AN AGREEMENT'���`� �"�-- CITY ENGINEER THIS AMENDMENT NO. 1 TO INDENTURE OF EASEMENT is made and entered into this day of February 1990, between THE CITY..,OFq NEWPORT BEACH, a municipal corporation, hereinafter referred to s t "CITY", and NEWPORT VIA LIDO ASSOCIATES, a California -/1i CE*JE1) partnership, hereinafter referred to as "COMPANY".ova M- W I T N E S S E T H WHEREAS, CITY and COMPANY own adjoining parcels of 'real property on the easterly side of Newport Boulevard lying between 32nd Street and Via Lido in CITY; and WHEREAS, Newport Via Lido Associates, a California limited partnership, has succeeded to the interest of Orange Coast Developers, a California corporation, as owners of Via Lido Plaza, the shopping center located on the property adjoining CITY's property; and WHEREAS, CITY and COMPANY have previously entered into an agreement entitled Indenture of Easement, dated November 24, 1976, and recorded as Document No. 3648, Book 11981, Pages 602-611, on December 1, 1976, (attached hereto as Exhibit "A" and incorporated by this reference and hereinafter referred to as the "Indenture"), which provides for grant of right-of-way, parking lot modifications and parking space loss; and WHEREAS, CITY and COMPANY have entered into an Agreement dated February 1990 to implement and facilitate the widening of Newport Boulevard, which Agreement provides for certain amendments to the Indenture of Easement; ' NOW, THEREFORE, CITY and COMPANY hereby amend and supplement said Indenture as follows: 1. Waiver of Parking Spaces. The provisions of Paragraph 6 of the Indenture which provide that CITY shall permanently waive eleven (11) parking spaces on the COMPANY property are hereby modified by substituting the number six (6) as the number of parking spaces permanently waived by CITY in 1 accordance with the provisions set forth in said Paragraph 6. 2. Notice. The addresses which notices may be given in accordance with the provisions of Paragraph 8 are hereby modified and restated as follows: CITY: City of Newport Beach 3300 West Newport Blvd. Newport Beach, CA 92663 COMPANY: Newport Via Lido Associates c/o Fritz Duda Company 1940 West Orangewood Avenue Suite 207 Orange, CA 92668-2050 With a copy to: Fritz Duda Company 2225 One Galleria Tower 13355 Noel Road Dallas, Texas 75240-6603 3. Survival of Indenture. Except as specifically modified and supplemented as set forth herein, all terms and conditions of the Indenture shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Indenture of Easement as of the day and year first above written. ATTEST: Z" !�� el-� - City Clerk AT EST: Vice President AIS ED AS TO FORM: ,ty Attorney 14 2 CITY OF NEWPORT BEACH a municipal corporation By: FL444 1I '' Mayor ("CITY") NEWPORT VIA LIDO ASSOCIATES a calif ornia limited partnership By: Fritz Duda Company, a Texas corporation, Its General Manager v By: Donald J. H 'w rd Executive Vice President ("COMPANY") STATE OF CALIFORNIA ss: COUNTY OF ORANGE ) On �� , 1990, before me, the undersigned, a Notary Public in Md for the State, personally appeared Ruthelyn Plummer, known to me to be the Mayor of the City of Newport Beach and -Wanda E. Raggio, known to me to be the City Clerk 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. CAT. NO. NNO0630 TO 21946 CA (1-83) (Partnership) Notary Public Un and for said State J TICOR TITLE INSURANCE STATE OF CALIFOR COUNTY OF SS' On ✓" before me, the undersigned, a Notary Public in and for said State, personaltyyapp� red , persojAly known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as - of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Signature` (This area for official notarial seal) STATE OF CALIFORNIA } } SS. COUNTY OF ORANGE } 7 p On this 4-,d day of"1u,(. ? 19 qO, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Jti,�3.� 4. h- 3, 1#y�✓�` , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he (she or they) executed it. Signature �P.blicin Notary and for said County and State My Commission Expires December 17, 1993 9 i OFT OFFICIAL SEAL P� EUREKARLENE L. BIRON a « o (VOTARY PUBLIC - CALIFORNIA ' ORANGE COUNTY IF061 My Comm. Expires Dec. 17, 1993 ll U,Ll1 LV kJ I, i:.V U1: J 1.G Ll L L I1Lv V [I [:'b! I f�'CORDED FtI 'T U1 TO: g j i� a I? j 602 1;5548 Orange Coast De, .::lopers 3650 Cherry Avenue Post Office Box 980 -� Long Beach, California 90801. Cit} of .Ir_n)or t I;each REC0'RDFD IN OFFIC(AL CF Of?ANG- COUN r(, CALIFORNIA 30 a It 2 P Ni DEC 2 1975 !. 1IRLIE CARLYV- Caaatf F ,If Space Space Abov— e This Line for Recorder's Use Only INDENTURE OF EASEMENT THIS AGREEMENT, made and entered into thisCc day of fLa'i�-�- �' c �, 1976, between the. CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City", and ORANGE COAST DEVELOPERS, a California Corporation, hereinafter referred to as "Company"; W I T N E S S E T Hs WHEREAS, City and Company own adjoining parcels of real property on the easterly side of Newport Boulevard lying between 32nd Street and Via Lido in City; and WHEREAS, Company maintains a driveway rorrl its property onto the City Hall access road along the northerly side of the City owned property, adjacent to and immediately southerly of Company's property, to gain access to and from the intersection of Newport Boulevard and Finley Avenue for vehicles entering and leaving Company's property; and WHEREAS, said access driveway is maintained under the terms of an Indenture of Easement between City and Company dated December 10, 1963; with said Indenture providing for a non-exclusive temporary easement to Company for access road purposes over a portion of said City Hall access road; and WHEREAS, Company desires that said temporary access easement be made permanent; and WHEREAS, as a. condition of approval of Resubdivision E)441 a IT,,�� 'r r No. 516, approved by City's PlEizin_ing Commission on April- 1, 1976, Company is required to dedicate for public str.eet.and highway purposes a triangular parcel of right of way over the southwesterly corner of Company's property adjacent to Newport Boulevard; and WHEREAS, the terms of said dedication are to be as provided for in an agreement between City and Company; NOW, THEREFORE, the parties agree as follows: 1. Grant of Access Easement. City hereby grants to Company a non-exclusive easement for ingress and egress to and from Company's properties, over, above and across the following described property owned by City: That portion of Section 28, Township 6, South, Range 10 West, S.B.B. & M., in the City of Newport Beach, County of Orange, State of California, described as: The westerly 180 feet of the northerly 50 feet of that certain parcel of land described in a quitclaim deed to the City of Newport Beach recorded in Book 1011, Page 379 of the Official Records of said Orange County. Excepting therefrom that portion of Parcel 2 as described in a deed recorded in Book 1741, Page 174 of said Official Records which lies within the parcel first described above. The use of said easement shall include (but not by way of limitation) the free and unobstructed use by public patrons, guests, business invitees, employees and agents (including the public patrons, guests, business invitees, employees and agents of Company's tenants, subtenants and assigns) over, upon and across such easement area granted hereby. Said easement is shown on a drawing of the Public Works Department of City dated August 10, 1976, narked Exhibit: "A" and. attached hereto and by this reference incorporated herein. City reserves the right to dedicate and/or otherwise utilize all or a portion of said easement for public street and highway purposes. 2. Maintenance, of Driveway. Company shall maintain the landscaping and the curbs, paving and other roadway improvements in a safe condition in the driveway entrance area (situated on Company's property) connecting Company's property to said City Hall access road. 3. Additional. Improvements. If, as a result of providing this access easement and allowing the driveway as herein provided, traffic congestion occurs on said City Hall access road, Company agrees, upon written notice from City that such congestion has occurred, to reconstruct and widen the curbs, pavement, street lighting, and all other improvements. on the easement area in accordance with plans and specifications approved by the Public Works Director of City as necessary to relieve said congestion. Company agrees to reconstruct needed improvements on its property adjacent to the easement area, - as may be determined to be necessary by City to,relieve such congestion, provided that no such reconstruction shall be'required .which will result in a reduction of.available on-site automobile parking spaces on Company's property adjacent to said easement. It is further agreed that should any widening of the easement area be necessary, City shall consider the widening of said easement area over and across City's property adjacent and .southerly of said easement area. To the extent such improvements or expansion requires a modification of the legal description set forth herein, an amendment to this Indenture shall thereupon be.made and recorded. The decision as to the congestion and the cause of it and -the necessity for said improvement shall be wholly in the reasonable discretion of City and, upon a determina- tion that such improvements are necessary, Company agrees to prepare plans and specifications and commence construction.thereof within ninety (90) days after notice in writing from City of the determination of the necessity for said construction. -3- 4. Maintenance of Access Easement. City and Company agree to share equally the cost of major maintenance (exclud- ing sweeping, striping, seal coating, and resurfacing which shall be at City's expense) of the portion of the City Hall access road covered by the access easement. Company shall promptly pay its share of such costs to City upon billing by City. 5. Indemnification. Company agrees to indemnify and hold City and its officers and employees in the conduct of their office or the course of their employment harmless from all demands, claims and liability for damages arising from injury or death to persons or damage to property which occurs or is alleged to have occurred on or adjacent to the easement area as a result, in whole or in part, of the design, upkeep ✓ or maintenance of the improvements thereon (only to the extent Company is responsible for such design, upkeep or maintenance) or which arises out of or is in any related to the use thereof by Company, its lessee or lessees, or the invitees or. patrons of said Company or said lessee or lessees. This indemnity shall not extend to the acts or omissions by or of City, its officers, agents and employees. 6. Grant of Right of Way. Company agrees to convey to City by grant deed, concurrently with the execution of this document, an easement for public street and highway purposes over a triangular parcel of land at the southwesterly corner' of,Company's property adjacent to Newport Boulevard. Said easement is described in the attached legal description marked Exhibit "B" and attached hereto and by this reference' incorporated herein and shown on attached plat, marked Exhibit "C"; attached hereto for illustrative purposes only. It is mutually agreed that Company's existing improve— ments (consisting of decorative wall, sign, landscaping and -4- parking lot improvements) may remain within the area of said easement until the area is needed for street widening. Upon notice by City that said area is needed for street widening, Company agrees to promptly .remove any of its improvements which it wishes to salvage and to rearrange its parking lot improvements as necessary to accommodate the street widening, at its cost, provided, City shall be responsible for constructing all public improvements in conjunction with the street widening. City.and Company acknowledge that such street widening will eliminate approximately eleven (11) parking spaces on Company's property. City, in consideration of such grant, shall take fully into consideration such parking loss L in connection with any applications for subdivision, resub- division, building permits or other applications of Company or any of Company's lessees,- tenants, or assigns.relating to the ownership or use of Company's property and, for the purpose of City's parking requirements, City shall treat such applications as if such parking loss had not occurred and City shall consider said parking spaces, lost hereunder, as permanently waived. 7. Recordation. This indenture shall be recorded, shall run with the land, and shall be binding on the successors in interest of the parties. 8. Notice. All notices which may be given hereunder shall be in writing and, if 'given to City, may be given personally to the Mayor, City Manager or City Clerk of City or may be mailed by first class mail with postage prepaid to 3300 W. Newport Boulevard, Newport Beach, California X92663, and, if given to Company, may be given personally to an officer of Company or may be mailed by first class mail with -5- STATE OF CALIFORVIA ) SS County of Orange ) On , 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared _ Y known to me to be the Mayor, and , known to me to be the City Clerk of the municipal corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municipal corporation therein named, and acknowledged to me that such municipal corporation executed the within Instrument pursuant to a resolution of its City Council. WITNESS my hand and official seal. Notary Public in and for said State STATE OF CALIFORNIA ) SS County of Los Angeles) On November 17 _ , 1976, before me, the undersigned, a Notary Public in -and for said State, personally appeared Edwin J. MiQge known to me to be the Executive Vice President, and _ Robert D. Title known to me to be Secretary of the corporation that. executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. �r:urargnumn�u�n•rnrtrarammrrunrnrmn„in•�n•irmmrrrrrrmnrnr^,rrmrrpn! p OFFICIAL SEAL ELENA G. NUNEZ - - NOTARY PUBO C CALIFORNIA - PRIiJCIPAL OFFICE IN _ _:- L^S AWG[_.FS COUwrY h1yIC.'nin; .. ,.. cry Fxoirc> JUnel16, .1S'79 I„ STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE) 7 _ N_otary Public in ancT T5r laic State On __ _ , 1.976, before me, t}ie undersigned, a Notary Public in and for said Stjzte, persorirzl.]y app( pared name-_ i.s sur)scril)ed to the wit-Aii.rl instrument and acknowledged that i executed thc� same. WITNESS my Band and of_ Ei.ci-al seal. Not pry Pu A is .i 1, and for Said state' postage prepaid to 3650 Cherry Avenue, Long Beach, California. Either party may give written notice to the other of a different address to which notice by mail should be sent. IN WITNESS WHEREOF, the parties hereto have executed this Indenture of Easement as of the day and year first above written. CITY OF NEWPORT BEACH, a Municipal Corporation By i or ATTEST: City C erk ORANGE COAST DEVELOPERS, a California Corporation By x Executive Vice President I V ATTEST: This is to certify that the interest in real property conveyed by the deed or grant dated November 17, 1976 from ORANGE COAST DEVELOPERS, a Corporation to the City of Newport Beach, a municipal corporation, is hereby accepted by the City Manager on the _3nth day of November , 19 76 ,.and the grantee consents to recordation thereof by its duly authorized officer. ROBERT L. WYNN, City Manager Dated: November 30, 1976 Authorized by Council Resolution No. 6773 • � /.�.! Y. !_ �,+rF OF �'O,<: rlc�,�f plc :............... - ..........= : • ? r'\-' ELY. L/N�= OF �� i P�LGi EL PE, Fxisrr�ic l0/Jf.17,9 CrG!>ra,J f:�r�c•� "% PFS _... . / _. f � .. i'' ` i i i.' . • ice. w .. .. CITI OF INEA, NI PUBLIC 1,1/oRKS DLERART LENT EXHIBIT "All icor ro sc<t AP16ROVED jr' f i Iri • t E t , CITI OF INEA, NI PUBLIC 1,1/oRKS DLERART LENT EXHIBIT "All icor ro sc<t AP16ROVED jr' A parcel of land he-ing a portion of Lot 3 of Tract 1117 as shown on a map recorded it, Boor; 35, page 48 of Miscellaneous Naps, Records of Orange County, and a portion of Section 2.3, Township 6 South, Ranee 10 west of the Sari Bernardino Meridian, more particularly described as follows: Beginning at the centerline intersection of Central Avenue and Via Lido as shown on a map of Tract 1117 as recorded in Book 35, Page 48 of iiiscellaneous Maps, Records of Orange County, thence South 22.059'00" blest a distance of 197.15 feet along the center- line of said Central Avenue, thence South 67001100" East 30,00 feet to a point on a curve, a radial line from said point bears North 76009'24" West, said point being the beginning of said curve and the True Point of Beginning: thf;nce southeasterly along said curve a distance of 279.25 feet, said curve having a central angle of 5048128" and a radius of 2754.93 feet, said curve also being the easterly right of tray of Central Avenue and Newport Boulevard as both are shown on the aforementioned map of Tract 1117, thence North 89015'30" East a distance of 46.89 feet, along the southerly line of Parcel 2 as recorded in Book 1741, Page 174, Records of Orange County, to a point of cusp with a tangent curve, said curve having a central angle of 95027'35" and a radius of 15,00 feet, thence westerly, northwesterly and northerly along said curve a distance of 24,99 feet to a point of tangency with a line, thence North 404345" East along said line a distance of 258.10 feet to the True Point of Beginning, EXHIBIT "B" Cl -i -Y OF PUu J it VlOil.KS DE FIrl'\RT-'Mr'r.�U - -- s May 14, 1990 CITY COUNCIL AGENDA --SIO. F -3(d) • TO: City Council I I MAY 1 41990 FROM: Utilities Department I APPROVED SUBJECT: EASEMENT, LICENSE AGREEMENT AND QUITCLAIM WITH RANCHO SANTIAGO PARTNERSHIP AND MOBIL OIL CORPORATION f— ZYZd Approve Easement, License Agreement and Quitclaim with Rancho Santiago Partnership and Mobil Oil Corporation and authorize Mayor and City Clerk to execute the document. The City presently has a 10 foot wide water line easement across the property owned by Rancho Santiago Partnership and Mobil Oil Corporation. The location of the easement is shown on the attached exhibit. The easement contains a water line that • was used to transport water from the City's abandoned wells in Huntington Beach. At the present time the water line is used only to provide service to the oil field. Funds are included in the current budget to construct a well field in the vicinity of Mile Square Park and to construct a transmission line between the wells and the City's existing facilities in 16th Street westerly of Monrovia Avenue. The best routing for the transmission line is across the oil field property. The present easement is encumbered with oil field facilities and also bisects property planned for development. The City and the owners of the property feel that a better location for the new water line is in a new 20 foot wide easement that generally follows the property line and has a minimum impact on future development. This proposed easement is shown on the attached exhibit. The new easement as proposed will join the new easement that is being acquired across the property owned by the Newport - Mesa School District located westerly of 16th Street and Whittier Avenue. A separate item is on the agenda, which considers • approval of an agreement with the School District for the exchange of easements. The subject document provides for the following: 1. Granting of a 20 foot wide easement to the City. 2. Quitclaims the existing 10 foot wide easement across the oil field property. Subject: Easement, License Agreement and Quitclaim with Rancho Santiago Partnership and Mobil Oil Corporation May 14, 1990 Page 2 • 3. Provides the City with access for construction and maintenance across adjacent oil field property. 4. Allows the City to continue to use the water line in the existing easement until the new water line is constructed or until December 1, 1991, whichever occurs first. 5. Requires the City to construct a new 2" water line to the oil field water meter as shown on the exhibit. 6. Requires the City to install two 12" outlets on the new water line for the use of the property owner. Use of water from the outlets would be subject to the terms and requirements set forth in the municipal code. • 7. If the new water line interferes with future development the property owner may relocate the water line at his expense. The property owner is required to grant the City a new easement for the relocated water line. r Robert J. Dixon Utilities Director DCS: so Attachment 0 EXEMPT RECORDING REQUEST 90.417345 Loe ENT CODE 6103 RECORDED IN OFFICIAL RECORDS RECORDING REQUESTED BY OF ORANGE COUNTY CALIFORNIA AND WHEN RECORDED MAIL TO: � 1:30 AUG 71990 P.M. City Clerk, City of Newport Beac--)/ . Q oma* Recorder Post Office Box 1768 3300 Newport Boulevard A Newport Beach, CA 92659 - 1768 EXEMPT' �'` C14 e Space Above This Line For Record's Use Only EASEMENT, LICENSE AGREEMENT AND QUITCLAIM tt � PREAMBLE This Agreement is made and entered into this a3 1990, by and between CITY OF NEWPORT EA , a Municipal corporation, hereinafter referred to as "CITY", and RANCHO SANTIAGO PARTNERSHIP, A California general partnership "RSP", and MOBIL OIL CORPORATION, a New York Corporation, (hereinafter referred to as "MOBIL"). RSP and MOBIL are sometimes collectively referred to as OWNERS. 1.0 RECITALS 1.1 RSP and MOBIL are the OWNERS of certain real property commonly known as "NEWPORT BANNING RANCH" in Orange County, State of California, hereinafter referred to as the "Servient Tenement". 1.2 By an indenture dated November 1, 1923, recorded in Book 182, Page 237 of Official Records of Orange County, CITY was granted an easement to construct and maintain a water pipe line across the Servient Tenement shown as Easement No. 1 on Exhibit "A" attached hereto, and incorporated herein by this reference. 1.3 There is a water pipeline across the Servient Tenement within Easement 1. The portion of the pipeline between the westerly property line and the point "A" existing water meter is not presently being used by CITY. The CITY has continued to use and maintain the pipeline from the point "All existing water meter to the easterly property line. • 1.4 CITY desires to construct a new water pipeline at another location on the Servient Tenement described below and shown as Easement No. 2 on Exhibit "A" and quitclaim Easement No. 1. NOW, THEREFORE, it is agreed as follows: 2.0 GRANT OF EASEMENT: For valuable consideration and in further consideration of CITY'S agreements herein contained, OWNERS hereby GRANT to CITY an easement for the following rights and uses of the Servient Tenement: The right to excavate for, construct, install, replace, maintain and use a water pipeline, not to exceed 36" diameter, and appurtenances in, on, over and across that certain real property in the County of Orange, State of California, described as follows: PARCEL NO. 1 An easement for water line purposes over portions of Lot B and Lot C of the Banning Tract, as per map filed in Case No. 6385 of The Superior Court of Los Angeles County and as shown on Record of Survey recorded in Book 65, paces 31 through 36, Official Records of Orange County, California, having a width of 20 feet and lying 10 feet on each side of the following described centerline: Beginning at a point on the Westerly line of Parcel D3-121.3 per Orange County Superior Court Case No.77399, Final Order of Condemnation rendered January 26, 1962, said point of Beginning being located 55.00 feet southerly measured at right angles from the Northerly boundary of Lot B of said Banning Tract; thence parallel to said Northerly boundary of Lot B North 89` 23' 38" East 1551.29 feet to an angle point; thence South 840 53' 46" East 201.00 feet to an angle point; thence parallel to said Northerly boundary of Lot B North 89° 23' 38" East 665.00 feet to an angle piont; thence South 00 36' 22" East 931.28 feet to an angle point; thence Southeasterly parallel and 10.00 feet distant from the Easterly boundary of Lots B and C South 29' 26' 43" West 2650.41 feet to the Northerly boundary of that certain parcel described in Book 620, pages 215 through 217, Official Records of Orange County, State of California. An easement for water line purposes over Lot B of the Banning Tract, as per Map filed in Case No. 6385 of the Superior Court of Los Angeles County and as shown on Record of Survey recorded in Book 65, pages 31 through 36, Official Records of Orange County, California. Beginning at a point on the Northerly boundary of Lot B of the Banning Tract as shown on said Record of Survey, said point being Located South 890 23' 38" West 367.71 feet from the Northeasterly corner of said Lot B; Thence South 0' 36' 22" East 65.00 feet to the Northerly line of the easement described in Parcel No. 1 above. hereinafter referred to as "Easement No. 2". -2- i 3.0 CHARACTER OF EASEMENT: The easement granted I herein is not appurtenant to any real property, but it is "in gross". That is to say, it is to be owned and used by the CITY and is not to be attached to or "run with" any other land. 4.0 ADDITIONAL RIGHTS AND OBLIGATIONS: 4.1 Grantor further grants to the Grantee: (a) The right of ingress to and egress from Easement No. 2 over and across the Servient Tenement by means of existing roads, lanes, and paths thereon, if any, otherwise by such route or routes as shall occasion the least practical damage and inconvenience to OWNERS; and no new roads, lanes or paths shall be constructed or used without the prior written consent of OWNERS. (b) The right to use such portion of the Servient Tenement contiguous to said strip as may be reason- ably necessary in connection with the installation repair and/or replacement of such water pipeline. (cj The right from time to time to trim and to cut down and clear away such trees and brush now or hereafter located on Easement No. 2 as may be reasonably necessary for the installation, repair and/or replacement of the water pipeline. No trees or shrubs or brush are to be removed from said strip or trimmed from any other land without the express written agreement of OWNERS who shall have absolute discretion in such matters. This right will also be subject to restrictions on cutting, clearing, and trimming plants and trees which may be contained in any present or future wetlands or other conservation areas. (d) The right to pass through gates in fences on the Servient Tenement. (e) The right to mark the location of Easement No. 2. by suitable markers, which markers when set in the ground shall be placed in such a manner and in locations which will not interfere with any reasonable use OWNERS shall make of Easement No. 2. Markers shall be of a material and color which is approved by OWNERS. -3- (f) CITY shall not fence Easement No. 2. (g) CITY shall promptly backfill and pack down any trench made by it on Easement No. 2 and repair any damage it shall cause on the Servient Tenement, including damage to roads or lanes. In the event thereafter that the backfill of any trench dug by CITY settles or is washed out by natural causes, CITY shall at the request of OWNERS `$ promptly refill or replace same in its entirety at CITY'S own cost and expense. (h) CITY agrees to idemnify and hold OWNERS harmless from and against any and all loss, damage, claim, claim of lien, action, or cause of action that may be directly or indirectly caused by or arise out of the use and enjoyment of any of the rights herein granted, or by the activities of CITY'S employees, contractors, agents or invitees. 5.0 INSTALLATION OF OUTLETS: CITY agrees to install two (2) twelve inch (1211) diameter flanged outlets with valves at locations selected by OWNERS, for OWNERS' sole use. OWNER'S use of water from the outlets shall be subject to the terms and requirements setforth in the municipal code. 6.0 RELOCATION OF EASEMENT: Whenever, in the sole opinion of OWNERS, the location of Easement No. 2 interferes with OWNERS' use and enjoyment or operations upon the Servient Tenement, OWNERS may, upon sixty (60) days written notice to CITY, relocate Easement No. 2 and reconstruct the water pipeline. All costs and expenses attributable to the relocation and reconstruction of the pipeline shall be borne by OWNERS. 7.0 NOTICES: Notices concerning the rights and obligations here under shall be given by Certified U.S. Mail, prepaid, return receipt requested, or by personal delivery, as follows: To OWNERS: Rancho Santiago Partnership c/o Armstrong Petroleum Corp. R.A. Armstrong, President 2244 West Coast Highway Suite #200B Newport Beach, California 92663 -4- C; Mobil Oil Corporation Attn: Thomas G. Fast 5001 East Commercenter Suite 300 Bakersfield, California 93309 With copies to: NIC OIL AND GAS C/o D. Little Rodeo Resources. Ltd. 6890 North 79th Place Scottsdale, Arizona 85258 R.J. Smith Lehndorff LGB Minerals 2501.Cedar Springs Suite 340 Dallas, Texas 75201 To CITY: Public Works Department City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92659 or such other address that either party may designate in writing from time to time. 8.0 TERMINATION: The easement granted and all CITY'S rights herein shall terminate and revert to OWNERS upon CITY'S abandonment in whole or in part, of the easement herein granted or upon relocation of the easement, in whole or in part, pursuant to paragraph 6.0 hereof. A continuous period of non-use for five (5) years shall create a conclusive presumption of abandonment. Upon abandonment of Easement No. 2, CITY shall, at its own cost and expense, remove all property placed upon Easement No. 2 and restore the surface thereof. CITY will, upon abandonment or relocation of Easement No.2, execute and deliver to OWNERS any and all documents necessary to establish the termination thereof as a matter of record. 9.0 GRANT QF LICENSE: OWNERS hereby grant to CITY a license to enter upon and use Easement No. 1 and to operate the water pipeline within Easement No. 1 until the CITY has installed a new water pipeline in Easement No. 2, or until December 1, 1991, whichever first occurs. Prior to -5- I terminating service to OWNERS from the water pipeline in Easement No. 1, CITY will, at its sole cost and expense, construct a 2" diameter water pipeline between CITY'S water system in 16th Street and OWNERS existing water service connection at Point "A" as shown on Exhibit "A". Upon completion of the 2" water pipeline and relocation of the water meter, said pipeline shall become the property of OWNERS. OWNERS hereby grant permission to CITY to enter upon the Servient Tenement to excavate for, construct and test the 2" water pipeline hereinabove described. 10.0 QUITCLAIM OF EASEMENT NO, 1: CITY hereby remises, releases and forever quitclaims unto MOBIL and RSP all its right, title and interest in an to that certain indenture dated November 1, 1923 and recorded July 26, 1928 in Book 182, Page 237 of Official Records, Orange County, California, insofar, and only insofar, as said Indenture covers and includes the Servient Tenement. 11.0 ENTIRE AGREEMENT: This instrument contains i the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this ' instrument shall be of no force or effect unless evidenced by a subsequent modification in writing, signed by the party to be charged. 12.0 ATTORNEY'S FEES: In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys' fees, and costs. 13.0 BINDING EFFECT: This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. mm IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first hereinabove written. APP D AORM: City Attorney CITY CITY OF NEWPORT BEACH, a Municipal corpo ation By Mayor OWNERS RANCHO S IAGO PARTNERSHIP Armstron o1u Cor oration, a Calif corporan By 4z-;61 R. Armstrong, r sl ent NIC OIL AND GAS, CALIFORNIA CORPORATION, a C lifornia corporation By. \. LEHNDORFF - NEWPORT JOINT VENTURE, a Texas joint venture BY if MOBIL OIL CORPORATION, a New ,York corporation By f/. �i '��A Title Attorney -in -Fact .._ STATE OF CALIFORNIA ) ss: COUNTY OF ORANGE ) On July 24. 1990 , 1990, before me, the undersigned, a Notary Public in and for the State, personally appeared Ruthelvn Plummer , known to me to be the Mayor of the City of Newport Beach and Wanda E Raggio , known to me to be the City Clerk 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 F coins = SHAUNA LYN OW "m QKVW Mm IyQomm.Ep�WtJtn.16,1999 official s al. Notary Public 1n d for aid State EXHIBIT R N'LY PROPERTY LINE & N'LY LINE LOT B BANNING TRACT PER R.S. 65-34 U ' ------_-� 2�"�665�-- - 367.71' ' r roccuENT N0.2 WI ZCELD1 POINT PARCEL 2 20' WIDE AM // N NOT TO SCALE NE'LY CORNER r LOT B BANNING TRACT r I �m �\ liw?l BOUNDARY NEWPORT -MESA SCHOOL DISTRICT PARCEL \ PROPOPSED 2' WATER LINE — -- — --- BOUNDARY OF PROPERTY OWNED BY RANCHO SANTIAGO PARTNERSHIP & MOBIL OIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WATER LINE EASEMENT TO BE ACQUIRED RND/OR QUI 16TH ST 11/30/89 i -LK414111f,:, DS 3t-nLr- NONE FT R/W-992r 0 STATE OF CALIFORNIA } ) ss. COUNTY OF ORANGE ) On May 21, 1990, before me, the undersigned, a Notary Public in and for said state, personally appeared R. A. Armstrong personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the President of Armstrong Petroleum Corporation, the corporation that executed the within instrument as a partner of Rancho Santiago Partnership, and acknowledged to me that such corporation executed the same as such partner. WITNESS my hand and official seal. o .MOWAN[ —� �w.uro�sox m N70DY "x MFMO ----------------------- ORMMcaxm L. W. Anderson L`C" �0G 1.1993 (This area for official seal) STATE OF TEXAS ) ) as. COUNTY OF HARRIS ) • On this 3rd day of July, in the year 1990 before me, Dorothy B. Carr, a Notary Public of said State, duly commissioned and sworn, personally appeared G. R. Still personally known to me to be the person who executed the within instrument as attorney in fact of Mobil Oil Corporation or on behalf of the corporation therein and acknowledged to me that such corporation executed the same. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DOROTHY S. CARR NOTARY PUBLIC, STATE OF TEXAS Doro y B. C rr �. MY COMMISSION Notary Public in and for said State ''�"a� JULY 31,1982 Y STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. E On July 17, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared R.J. Smith, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Director of Lehndorff LGB Minerals, Inc., the corporation that executed the within instrument as managing partner of Lehndorff Newport Joint Venture, and acknowledged to me that such corporation executed the same as such managing partner, and that such joint venture executed same as a partner of Rancho Santiago Partnership. WITNESS my hand and official seal. V� T-7 W. Anderson OFFECLAI sF.�v, LW.ANDERSON oa NOW WRAC-CXWORMA ORANGE COUNN Ay Oona WkQS 00.1,1993 (This area for official seal) STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. ) 0 On July 17, 1990, before me, the undersigned, a Notary Public in and for said State, personally appeared D. Little, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as Chairman of NIC OIL AND GAS CALIFORNIA CORPORATION, the corporation that executed the within instrument as a partner of Rancho Santiago Partnership, and acknowledged to me that such corporation executed the same as such partner. WITNESS my hand and official seal. L. W. Anderson am A (This area for official seal) CERTIFICATE OF ACCEPTANCE Government Code Section 27281 This is to certify that the interest in real property conveyed by the Rancho Santiago Partnership, NIC Oil and Gas, Lehndorff - Newport Joint Venture and Mobil Oil Corporation, dated July 23, 1990, as set forth above to the City of Newport Beach, a Municipal Corporation, is hereby accepted by the undersigned officer or agent, on behalf of the City Council of the City of Newport Beach, pursuant to authority conferred by Resolution No. 6733 of the City Council of the City of Newport Beach, adopted May 13, 1968, and the Grantee consents to recordation thereof by its duly authorized officer or agent. IN WITNESS WHEREOF, I have hereunto set my hand this day of CITY OF NEWPORT BEACH, A Municipal Corporation By: Ro ert L. Wynn, Cit anger ATTEST: City Clerk i .__