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
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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
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