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HomeMy WebLinkAboutC-2825(H) - MacArthur Boulevard Widening, Pacific Coast Highway to Ford Road - Segment I (Sound Wall)EXEMPT RECORDING REQUE 'ER GOVERNMENT CODE 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 111111 1111111111111111111111111111111111111111111'1111111111 No Fee 008 20000741 20 30 19990441993 12;14pm 10/06/99 Al2 7 7.00 18.00 0.00 0.00 0.00 21.00 SPACE ABOVE THIS LINE FOR `RECu�TSE . NGV 1,0 erryC SOUND WALL AGREEMENT CITY ()F a (CALTRANS PARCEL. N0. 101(05`0 `,"a THIS AGREEMENT, entered into this q day of , 1995, by aa�d--Qt the CITY OF NEWPORT BEACH, a municipal corporation (herei fter referred to as "CITY"), and JAMES W. WARREN and SANDRA W. WARREN (hereinafter referred to as "OWNER") is made with reference to the following: r RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1201 Surfline Way. The legal description of said property is Lot 6 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment'2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein.04 n n � Sound Wall Agreement 1 F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M-5319-5 consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation APPS VED AS TO FORM: - ' By- i" f A, �z S� �'�� �� Mayor ` '�-----tial-- i �'•;' ��' �. �`�, • ity Attorney ATTEST:�� WNER(S) ity Clerk [AFFIX NO PUBLIC` JV TS] 6C Sound W 1 Agreem 7 LN SAME W. WARREN By: A=MMMOM SANDRA W. WARREN''---'' STATE OF TEXAS, COUNTY OF CROCKETT "�` 3 This instrument we# acknowledged be re me on 7 27 1995. STATE OF TEXAS )ss. COUNTY OF CROCKETT On SEPT. 27, 1995 , before me, HAignL0 A. SHAW personally appeared SANDRA WARREN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i otary Pub in and for said State HAROLO A. SHAW M HAROLD A. SHAWNotary Public, State of TexasM Commission Expires 3-31-97 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) OAII- - /y 1995, before me, Shauna Lyn Oyler personally appeared �-G 1yes- 0:0• (.C%^i^ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE my hand and official seal. na Lyn ©yler3 V F , Comm #jo0268t NOTARY PUBLIC CALIFORNIM �y ORANGE COUNTY til Comm. Expjres Aug 2f . ,,. 997 Notary Public in and for 4aid Stat STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On e�ae 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(o whose name(} is4re subscribed to the within instrument and acknowledged to me that he/&heA**ey executed the same in hisf"n,erAhem authorized capacity{ieW, and that by hisiherAheit signature(} on the instrument the person(6} or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS my hand and official seal. E `�' • h Lyn Oyler' a Comm ;k1002681 NOTARY PUBLIC CALIFORNIAP ORANGE COUNTY Gomm. Expttes Aug 22, Notary Public in and for'saK State RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California llllll�I111!I�11II11II1{lillll�III1161 �l11111111111�111111erk/R No°Feer 008 20000741 20 30 19990441992 12,13pm 10/09/95 Al2 6 7.00 15.00 0.00 0.00 0.00 18 PH 00 SPACE ABOVE THIS LjN F012WCOAD0,'#5 1 SOUND WALL AGREEMENT (CALTRANS PARCEL NO. 101e4*4-) THIS AGREEMENT, entered into this2,3 day of �� , 1995, by..and between p p the CITY OF NEWPORT BEACH, a municipal cor oration (here' after referred to -as "CITY°,)-, and . LEONOR GAZDA TRUST hereinafter referred to as OWN R is made wlthr reference to the following: RECITALS: tC�V 2J ✓C(l Y Ck 1_RK A. CITY is a municipal corporation duly organized and validly existing under the lawssbi-' State of California with the power to carry on its business as it is now being conducted under�Ahe statutes of the State of California and Charter of the City., B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1233 Surfline Way. The legal description of said property is Lot 11 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. Sound Wall Agreement O `� r �1 F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. ATTEST: CITY OF NEWPORT BEACH a municipal corporation RM: By: Mayor NER(S) '- � � L � NOR GAZDA TRUST City Clerk /�VoLd U LEONOR GAZDA, T USTEE [AFFIX NOTARY PUBLIC JURATS] _�u g 6m001'fi to before me tr , Sound Wall A reeme g `�1�ta0f � � old IAB and bor the anry o .F nge MARY E. McFETRIDGE P e o COMM. #972227 3' . , NOTARY PUBLIC -CALIFORNIA M ORANGE COUNTY MY COMM. Expires Aug. 26, 19 ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1995 , before me, Shauna Lyn Oyler personally appeared ohn Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person{) whose name{o is/afe subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his he m authorized capacity0es), and that by hisiherAhew signatures} on the instrument the persons) or the entity upon behalf of which the person¢s_} acted, executed the instrument. WITNESS m hand and official seal. U E �E A Shauna Lyn Oyler y Comm #7402681 ��yy NOTARY PUBLIC CALIFORNIAQ ORANGE COUNTY (% A a Comm Expires Aug. 22, 1987 + Notary Public in and fo—r std State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) tt�I 1995 before me, Shauna Lyn Oyler personally appeared &aw0 r 8 Z:a'a . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose nam is are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/o�heir authorized capacity i , and that by hid e their signature the instrument the person(or the entity upon behalf of which the perso�O acted, executed the instrument. jj'' WITNESS my hand and official seal. U ` F��° `JtiF Shauna Lyn Oyler Comm 51002681 N W NOTARY PUBLIC CALIFORNIA^ R r ORANGE COUNTY l� Comm. Expires Aug 22, 19997 �+ Notary Public in and fors State RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of orange, California Gary L. Granville, Clerk/Recorder ! IIl!N illil ll!Il liili lllll lilll lLlll!IIII Ilei lllll JlJll llll Jill No Fee 19950399485 MUM 09/14/95 008 12000222 12 18 Al2 6 7.00 15.00 0.00 0.00 0.00 18.00 SPACE ABOVE THIS LINE FORiRECORDI R" USE SOUND WALL AGREEMENT (CAL7'RANS PARCEL NO. 101 (oGo1) THIS AGREEMENT, entered into this.W, day of �� , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (herein4fter referred to as "CITY"), and ERNEST J. BASTIEN and PATRICIA L. BASTIEN (hereinafter referred to as "OWNER") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1215 Surfline Way. The legal description of said property is Lot 8 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 26 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacifica Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. 11- 6e I6e fl) r 11 E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot n is shown on Exhibit "A" attached hereto and by reference incorporated herein. 04 a4 Sound Wall Agreement 1$ F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall. construction on each parcel of land will be issued by CITY'S Building Department, at o cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right- of-entry ight- ofentry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation APPROVED AS TO FORM: r By: 'F Z zifpMayor C-itf Attorney. ATTEST: City Clerk By: By [AFFIX NOTARY PUBLIC JURATS] r""� A 4�;� 1 ERNEST J. B S r EN PATRICIA L. BASTIEN Sound Wall Agreement 3 %F`ALIIFORNIIA ALL-PURPOSE ACKNOWLEDGMENT r I'.✓/"✓^/'/^.O,J"!.r,".wa'n.r^'/^y^"sr."/^l/'sm.1'.I^Pd`tl'1`/—O".A'^l'1.s.""l'ld++,..r..s^lJ^'..+^"J'.✓"1'M 1",J*..M"'.,fl/n`A State of County of On y 093__ before DATE / NAME, TITLE OF OFFICER - E DOE, NOTA® " personally appeared %���%� ✓-A %–i �/ d ,� 'T!'iG'i,� ` x,57 NAME(S) OF SIGNER(S) ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the personW whose name(s) is/are- subscribed to the within instrument and ac- knowledged to me that he/she/they- executed the same in his/her/the�uthorized capacity(jgsh and that by his/her/their signature sem- on the instrument the person(sj, or the entity upon behalf of which the ° ry Shirley C. F lumleigh � P .ESaE< Comm 4#1960,556 m 'NOTARY PUBLIC CCALIIFORNiAperson s�acted� executed the instrument. ;�"-iLIF ORANGE COUNTY a i Comm. Expires Ju'y 15, ' 99G ll OP WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 101 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Rag. iq o personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names) is/a4:e subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hiss",,, r,4hem authorized capacitykies), and that by his hee 4;em signatures) on the instrument the persons} or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand n f c,ial seal. Notary Public in and for -said State ' Shauna Lyn Oyler Comm, 01002681 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY n Comm Expires Aug. 22, 1997 -+ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach® CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder !Ilili I!I,I �II11 illi lllll dill IIII illll 17711 1111111111 Jill 1111 No Fee 19980399487 02.2 PM 09/14/95 008 12000222 12 18 Al2 6 7.00 15.00 0.00 0.00 0.00 18.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE SOUND WALL AGREEMENT (CALTP,ANS PAKCC-L NO. 101(.1vZ) THIS AGREEMENT, entered into this C�day of , 1995, by and between Y the CITY OF NEWPORT BEACH, a municipal corporation (here' fter referred to as "CITY"), and EDWARD AND MARIANNE FARBER TRUST;(hereinafter refe ed to as "OWNER") is made with �y reference to the following: E cj w o w -d L. F ek r i e -e Ji r — s M ct v,'a , , Q, Fc,,,- L , ,r' RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1221 Surfline Way. The legal description of said property is Lot 9 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway t0 approximately 1,000 feet northerly of San Joaquin Hills Road and Segment12 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be , constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot �? is shown on Exhibit "A" attached hereto and by reference incorporated herein. Sound Wall Agreement 1� F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH a municipal corporation L-12 Mayor OWNER(S) EDWARD AND MARIANNE FARBER TRUST :A EDWARD L. FARBER, Trustee [AFFIX NOTARY PUBLIC JURATS] MARIANNE FARBER, Trustee Sound Wall Agreement t STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) Ont ��, 1995, before ly appeared personallyknownto me (or proved to me on the basis of satisfactory evidence) to be the person(s) :whose names is,/ e subscribed to the within-[pstrument and acknowledged to me that he/she/they executed the same in his/her'/their authorized capacity(`ies),,-and that by his/her/(he r'signaturEC on the instrument the persor00;;or the entity upon behalf of which the person%) acted, executed the instrument. WITNESS my hand and official seal,, Notary Public in and foresaid State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 14, 521 4 -23 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person{-) whose name{) is4re subscribed to the within instrument and acknowledged to me that he/s#eA#e-y executed the same in his her,4he;r authorized capacity0e6), and that by hisi"�eisignatureko on the instrument the person{) or the entity upon behalf of which the person{) acted, executed the instrument. WITNESS my hand and official seal. Shauna Lyn Oyler Co m #1002681 N07AFPUBLIC CALIFORNIA) \ �r ORANGE COUNTY O t,7 ( i Comm ExPres AUg ¢Z, 1997 -+ Notary Public in and far -said State EXEMPT RECORDING REQU' 'PER GOVERNMENT CODE 61u3 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the county of orange, California Gary L. Granville, Clerk/Recorder 1111111111111 No Fee 19950399488 02:28PM 09/14/95 000 12000222 12 18 Al2 10 7..00 27.00 0.00 0.00 0.00 30.00 M SPACE ABOVE THIS LINE FO, CODFFR'S"USE' CITY ,v CITY G� SOUND WALL AGREEMENT EWPORTREA[` (CALTRANCS PAPCEL_ MO. tb►(o4o8) THIS AGREEMENT, entered into this,,day of , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (herd after referred to as "CITY"), and IRVINE APARTMENT COMMUNITIES, L.P., a Delaware limited partnership, (hereinafter referred to as "OWNER"), is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as the Baywood Apartments. The legal description of said property is Parcel 2 of Parcel Map No. 84-709 recorded in Book 189, Pages 6 through 16, of Parcel Maps in the office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S property is shown on Exhibit °' A" attached hereto and by reference incorporated herein. C-11�1 Sound Wall Agreement 1 F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and ' an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY 1.1 Sound attenuation walls being constructed for Segment 1 of PROJECT shall be in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). 1.2 A separate building permit or permits for sound wall construction on OWNER'S real property will be issued by CITY'S Building Department at no cost to OWNER. 1.3 CITY shall take all actions and pay all costs in connection with the sound wall construction as specifically delineated and shown on the approved plan and specifications described in Section 1.1 and will complete the work to the reasonable satisfaction of OWNER including the following: 1.3.1 Schedule. CITY shall perform all of its construction and remediation obligations under this Agreement in accordance with a schedule that is reasonably acceptable to, and approved in advance by, OWNER; provided that such review and approval of said schedule shall be done in a timely manner and not be unreasonably withheld. CITY shall either complete sound wall construction in advance of the actual street widening work or within the first 90 calendar days of the actual street widening work. In any event, sound wall construction shall be completed before any Stage 3 work on the northbound MacArthur Boulevard lanes as depicted in the contract No. C -2825(D) plans and specifications is commenced. CITY shall perform its construction work and remediation obligations under this Agreement between the hours of 7:00 a.m. and 6:30 p.m. on weekdays and between the hours of 8:00 a.m. and 6:00 p.m. on Saturdays. No work will be performed on Sundays and legal holidays. 1.3.2 Landscape Remediation. CITY shall utilize the services of a licensed landscape architect, certified arborist, or similar professional to approve tree removals and tree pruning, including root pruning, and tree replacement as necessary to construct the sound wall. Such professional shall work in close coordination and cooperation with OWNER'S designated representative. 1.3.3 Anti -Graffiti Measures. CITY shall take reasonable measures to protect the sound wall from graffiti during construction. If desired by OWNER upon completion of sound wall construction, CITY shall plant 1 -gallon size plants of a vine species acceptable to OWNER on one or both sides of the sound wall. Sound Wall Agreement 2 1. 3.4 Emergency Access Gate. CITY shall include as part of the sound wall construction the installation of a sound attenuated gate for emergency vehicles access at the present location between MacArthur Boulevard and Baywood Drive. Said gate shall be designed to be opened and closed manually and shall be secured with a standard Knox -Lock. 1.3.5 Public Access. CITY shall reroute the public accessway for pedestrians and bicyclists from its current location at the emergency access gate to a location northerly of the sound wall. The rerouting shall include a new paved accessway and associated landscaping remediation. CITY shall quitclaim its interest in the superseded portion of the existing easement concurrent with OWNER'S dedication of a replacement easement over the area consistent with the new paved accessway. 1.3.6 . Access and Storage. CITY and its contractors shall only access OWNER'S property from MacArthur Boulevard and then only along the landscaped berm and adjacent segment of Baywood Drive and its northerly maintenance road extension to the extent reasonably necessary to perform CITY'S obligations under this Agreement. CITY shall not store any materials or equipment on OWNER'S property. CITY hereby grants to OWNER a right of access in, across and over CITY'S property to the extent reasonably necessary for OWNER to perform OWNER'S wall maintenance obligations under this Agreement. 1. 3.7 Landscaping Restoration. CITY'S contractor(s) shall restore OWNER'S landscaping and hardscaping improvements, including any irrigation system rerouting and repair related to the sound wall construction, to a condition commensurate with the condition existing prior to the start of work. 1.4 CITY shall construct the sound wall in compliance with all applicable laws and in a manner that does not unreasonably interfere with, or disrupt, OWNER or OWNER'S property or OWNER'S tenants. CITY shall take all actions and pay all costs necessary to construct the sound wall in accordance with this Agreement and to perform all of CITY'S obligations under this Agreement to the reasonable satisfaction of OWNER. 1.5 CITY shall indemnify and hold OWNER and OWNER'S property and OWNER'S tenants harmless from all liabilities, damages, liens and costs (including reasonable attorneys' fees) incurred by OWNER, OWNER'S property and OWNER'S tenants caused in any manner in connection with (a) the construction of, or any construction defects associated with, the sound wall; and/or (b) the breach by CITY or the CITY'S contractors of any obligation under this Agreement, except to the extent caused by OWNER'S negligence or intentional misconduct. CITY shall achieve the level of sound attenuation set forth in the MacArthur Boulevard Improvement Project Noise Study Report dated May 24, 1994, prepared by LSA Associates, Inc. (LSA Project No. RBF 302). Sound Wall Agreement 3 L 6 CITY shall file a Notice of Completion with the Orange County Recorder upon satisfactory completion of sound wall construction. The recordation of the Notice of Completion shall establish the point in time and shall serve as the event at which all right, title and interest in and to the sound walls passes to OWNER. SECTION 2. OWNER RESPONSIBILITY 2.1 OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. 2.2 OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction, landscaping remediation, pedestrian and bicycle accessway relocation, and any related incidental work. . 2.3 OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. 2.4 OWNER understands and acknowledges that upon satisfactory completion of the sound wall improvements by CITY'S contractor and the recording of a Notice of Completion as set forth in Section 1.6, all right, title and interest in and to the sound walls shall pass to the OWNER. Henceforth, OWNER shall assume full responsibility for maintenance, repair and preservation of the sound walls except that OWNER shall not have any obligation to repair any damage to the sound wall to the extent that such damage is caused by construction defects in the sound walls. OWNER shall also assume full responsibility for maintaining landscaping and irrigation systems restored by CITY'S contractors including any new vines planned as an anti -graffiti measure once such landscaping remediation has been completed and a plant establishment period has passed. SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. Sound Wall Agreement 4 SECTION 4. TERM This Agreement shall become effective upon execution by both CITE' and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. SECTION 5. GENERAL PROVISIONS This Agreement shall be governed by the following general provisions: 5.1 No Third -Parte Ry i hg_ts. The rights and obligations arising under this Agreement exist exclusively for the benefit and duty of the Parties and are not intended to extend to, or be enforceable by, any other person or entity other than the individual owners of, and associations of owners connected with, the Properties. 5.2 Binding Provisions. The provisions shall be binding upon and inure to the benefit of the successors, assigns, heirs and executors of the respective Parties. 5.3 No Waiver. Any Party's failure to enforce any provision shall not constitute a waiver of the right to enforce such provision. The provisions may be waived only in a writing by the Party intended to be benefitted by the provisions, and a waiver by a Party of a breach hereunder by the other Party shall not be construed as a waiver of any succeeding breach of the same or other provisions. 5.4 Modification. The provisions of the Agreement may be modified only in a writing signed by the Parties. 5.5 Severability. If any portion of this Agreement is held to be unenforceable, any enforceable portion thereof and the remaining provisions shall continue in full force and effect. 5.6 Cooperation. The Parties shall cooperate together diligently and in good faith, take such further actions and execute such additional documents as may be reasonably necessary to accomplish the objectives of this Agreement. 5.7 Time of Essence. Time is expressly made of the essence with respect to the performance of each and every obligation hereunder. 5.8 Attorneys' Fees. If any Party shall take or defend against any action for any relief against another Party arising out of this document, the prevailing Party in such action or defense shall be entitled to be reimbursed by the losing Party for all costs including, but not limited to, attorneys' fees and court costs, incurred by the prevailing Party in such action or defense and/or enforcing any judgment granted therein, all of which costs shall Sound Wall Agreement 5 be deemed to have accrued upon the commencement of such action and/or defense and shall be paid whether or not such action or defense is prosecuted to judgment. 5.9 Entire Agreement. This Agreement, together with the documents referred to herein, sets forth the only and entire agreement between the Parties respecting the subject matter set forth herein; and all prior agreements, whether oral or written, shall be deemed terminated and of no further force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AST FORM: Citi' Attorney ATTEST: , �5 City Clerk [AFFIX NOTARY PUBLIC JURATS] CITY OF NEWPORT BEACH a municipal corporation i� By: --- Mayor OWNER(S): IRVINE APARTMENT COMMUNITIES, L.P., a Delaware limited partnership By: IRVINE APARTMENT COMMUNITIES, INC., a Delaware corporation managing general partner By: Print Name: Richard E. Lamprecht Title: Vice President, Devel o menn'.- By: Print Name: Scott A. Reinert Title: Vice President, Asset Manaqement Sound Wall Agreement 6 STATE OF CALIFORNIA COUNTY OF ORANGE On July 28, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard E. Lamprecht and Scott A. Reinert, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. Sarah K. Chaffin Notary Public in and for said County and State SARAN K. CHAFFIN T C g C:Omm. # 995427 NOTARY PuBLic - CAUFORMA a "* Orange county iso � P+9y Corton. Fxt�ros �y i9,1997 '' ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE 1 On (.�-�C aft!?"t 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person{) whose name{o is/a e subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in hisiherAhem authorized capacity{ies}, and that by his�"n,e,4heir signature{) on the instrument the persons) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Shauna Lyn Oyler Comm #1002681 /`� • ; " �� NOTARY PUBLIC CAUPORNIAI / /A ORANGE C (� Comm. kslpvets AuUQ 22 99,, 1097 ;+ Notary Public in and for�§aid Sta EXEMPT RECORDING REQUE' 'ER GOVERNMENT CODE 6103 Recorded in the county of orange, California RECORDING REQUESTED BY AND Gary L. Granville, clerk/Recorder WHEN RECORDED RETURN TO: �Il 111111111 11111 IIID III VIII VIII 1111111111111 No Fee 19950399489 02,iR 09/14/95 THIS AGREEMENT, entered into this ay of , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (herd' after referred to as "CITY"), and DANIEL LYNCH and GAIL LYNCH (hereinafter referred to as "OWNER") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1239 Surfline Way. The legal description of said property is Lot 12 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. Sound Wall Agreement C� 005 12000222 12 18 City Clerk Al2 6 7.00 15.00 0.00 0.00 0.00 18.00 City of Newport Beach 3300 Newport Boulevard, Newport Beach, CA 92663-A "r SPACE ABOVE THIS LINE j AM Q� 1 fi Cl; -i U SOUND WALL AGREEMENT nR (CALTRANS PARCEL ND. I0lto(o5') ~' . THIS AGREEMENT, entered into this ay of , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (herd' after referred to as "CITY"), and DANIEL LYNCH and GAIL LYNCH (hereinafter referred to as "OWNER") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1239 Surfline Way. The legal description of said property is Lot 12 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. Sound Wall Agreement C� F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. Attorney ATTEST: 2-q� -Cl'a CITY OF NEWPORT BEACH a municipal corporation By: �. Mayor 1 7h City Clerk By 'J [AFFIX NOTARY PUBLIC JURATS] 1ER(S) C DANIEL LYNCH GAL LYNCH Sound Wall Agreement 3 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) 1995, before me, rsonally appeared 41 171e/ U&ee) L 1fae'1, ek H 0�1'17114'1'iP C,i 16,11 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name i�/a subscribed to the within instrument and acknowledged to me that he/she/they executed' the same in his/he the r� uthorized capacity( es, and that by his/h /th oignatureC@ on the instrument the persorj( y: or the entity upon behalf of which the persoray acted, executed the instrument. WITNESS my hand and official seal f Shauna Lyn Oyler 7NOTAu Comm. Aug. 2 , RY PUBLIC CALIFORNIA ° ORANGE COUNTY ((jj N� Comm Ex'rns Aug. 22, 1997 -► Notary Public in and fo Aaid State' STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 4�CP 1995 , before me, Shauna Lyn Oyler— lerersonall personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(o whose nameko is/are subscribed to the within instrument and acknowledged to me that he/sheAh-ey executed the same in hisi",�,eAm authorized capacity{ie&O, and that by his her,4heir signature¢} on the instrument the person(} or the entity upon behalf of which the person(} acted, executed the instrument. WITNESS my hand and official seal. E E�. Shauna Lyn Oyler t0 Comm. #1002689 NOTARY PUBLIC CALIFORNIAy' ORANGE COUNTY} v Comm Expires Aug 22. 1997 -+ Notary Public in and for-s-a/idf State MP" RECOR ING PER GOVERNMENT CODE 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 1111111111111111111 Jfl No Fee 19950399490 02:28PM 09/14/99 005 12000222 12 18 Al2 7 7.00 18.00 0.00 0.00 0.00 21.00 ii SPACE ABOVE THIS LINE FOR RE%0DEF'S SOUND WALL AGREEMENT �. C (CALTRANS PARCEL N0. 101(160) THIS AGREEMENT, entered into this day of aZe . '1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (herei fter referred to as "CITY"), and IV STEPHEN J. PARKER FAMILY TRUST (hereinafter referred to as "OWNER") is made with reference to the following: * s .t c pke. N«, r le-, --- v- , i , " s } e y RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1207 Surfline Way. The legal description of said property is Lot 7 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be G constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. ^ � Sound Wall Agreement F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wail Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements.. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. FORM: [AFFIX NOTARY PUBLIC JURATS] Sound Wall Agreement CITY OF NEWPORT BEACH a municipal corporation By: Y Mayor OWNER(S) STEPIIEN J. PARKER FAMILY TRUST t; By: S ]✓PHE J. PARKE , Trustee 3 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) 17 1995 . befo ly appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(&) whose name(sf�r fare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(icg) and that b)(f er/their signature(&) on the instrument the person(s)'or the entity upon behalf of which the person(s.)-acted, executed the instrument. Shauna Lyn Oyler WITNESS my hand and official seal. U t Comm, #1002681 NOTARY PUBLIC CALWORNIi5 ORANGE COUNTY 11 Comm Expros Aug 22, 1997 Notary Public in andfor said State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose names} is/a-re subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heFAhemt authorized capacity0es), and that by his/"e it signature(} on the instrument the persons) or the entity upon behalf of which the person() acted, executed the instrument. WITNESS m hand and official seal. k'. Jhaun� I�Yn dYler b y � Comm #1gg2S61 ^ / m NOTARY pU611C CA TYORNtA0 f// � ORANGE COUNTY (% ,/ n r 1Fo ` Comm. Expires Aug 22. 1947 -+ Notary Public in and for -said State EXEMPT RECORDING REQur-- PER GOVERNMENT CODE 61w RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of orange, California Gary L. Granville, Cleric/Recorder IIIIIIII!111111III!II1111111!IIIIIIIIIIIIII11111111111111111111 No Fee 19950399491 02;20 09/14/95 005 12000222 12 18 Al2 6 7.00 15.00 0.00 0.00 0.00 18.00 SPACE ABOVE THIS LINEFOR nEORDERISJU c1n, or NE,WPUf 8 014 SOUND WALL AGREEMENT ' (CAL -TRANS PARCEL NO. iolto(.®(.) THIS AGREEMENT, entered into this -lay of , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (he after referred to as "CITY"), and JOHN P. TYSON and KAREN V. TYSON (hereinafter referred to as "OWNER") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the j statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1245 Surfline Way. The legal description of said property is Lot 13 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. Coll, Sound Wall Agreement T 1_ Q s� F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation APPR ED 7;S FORM:By:Mayor L� s i Attorney ATTEST: y, City Clerk / [AFFIX NOTARY PUBLIC JURATS] OWNER(S) Sound Wall Agreement 3 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On & -2 � , 1995 , before me, – Shauna Lyn Oyler personally appeared Ty,]�o✓7 ZZ,,,s-e7-. —personally known to me (or proved to me on the basis of satisfactory evidence) to be the person',(s),,e whose name( is/are subscribed to the within instrument and acknowledged to me that he/she C��ej­executed the same in his/her/their authorized capacity�(ies),,, and that by his/her/tlf–f§hature(`d),-,,on the instrument the persoo.(sj,)or the entity upon behalf of which the person(-Y'acted, executed the instrument. I, Shauna Lyn Oyler WITNESS my hand and official seal. 0 Comm #1002681 NOTARY PUBLIC CALIFORNIAQ ORANGE COUNTY 0 Comm. Expires Aug Notary Public in andfor said State STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons} whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/s#eAhey executed the same in his he m authorized capacity(iW, and that by his/heAheit signatures} on the instrument the persons} or the entity upon behalf of which the persons} acted, executed the instrument. * �UMEK'. Shauna Lyn Oyler WITNESS my hand and official seal. ca 711002881 "+► NOTARY PUBLIC CALIFORNtj ORANGE COUNTY Comm eaplrod Au®. 22, 1"1 � Notary Public in and for said St4e EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder II i J l I I I I! I. II II I I.I l l l l i1111111111111 No Fee 19950399492 02:28PN 09/14/95 005 12000222 12 18 Al2 6 7.00 15.00 0.00 0.00 0.00 18.00 SPACE ABOVE THIS LINE FOR RE,CORDER'S,USE SOUND WALL AGREEMENT (CA1,7kANS PARCEL NO, 161 4(o 3) THIS AGREEMENT, entered into this day of , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (here after referred to as "CITY"), and E. RUSSELL WERDIN, JR. (hereinafter referred to as "OWN' R") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1227 Surfline Way. The legal description of said property is Lot 10 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be n constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot k is shown on Exhibit "A" attached hereto and by reference incorporated herein. CP Sound Wall Agreement - V F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. TO FORM: �- 'ty ATTEST: O�r City [AFFIX NOTARY PUBLIC JURATS] CITY OF NEWPORT BEACH a municipal corporation By: Mayor OWNER(S) i By: E. R SSELL WERDIN, JR. Sound Wall Agreement 3 STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On 1995 , before rhe, Shauna Lyn Oyler personally appeared Jr. personally known to me (or proved tome on the basis of satisfactory evidence) to be the person -'(\,S) whose name(tiO subscribed to the within instrument and acknowledged to me that' h,e/she/they executed the same in(�Ls/her/their authorized capacity0s), and that bS`h s/her/their signaturo(s) on the instrument the perso6 ) or the entity upon behalf of which the person(s) acted, executed the instrument. Shauna Lyn Mynft ler WITNESS my hand and official seal. U C"M'0026$1 i N « NOTARY PUBLIC CALWORNI q[ ORANGE COUNTY CCCCC))))) Comm Ex»+ras Aug. 22, 1957 r+ J Notary Public in and fobs6id Stat STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On -23 , 1995 , before me, Shauna Lyn Oyler personally appeared 61 John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons} whose names} is/are subscribed to the within instrument and acknowledged to me that he/s#eA#ey executed the same in his/"�em authorized capacityoeo, and that by hisiherAhem signatures} on the instrument the person( -e} or the entity upon behalf of which the persons} acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for id State SOUND WALL AGREEMENT (CALTKANS PARCEL No. 1011o47) THIS AGREEMENT, entered into this o�,lay of , 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( einafter referred to as "CITY"), and HARBOR VIEW BROADMOOR COMMUNITY ASSO IATION, a California non-profit corporation (hereinafter referred to as "OWNER"), is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of an easement over real property situated within the boundaries of CITY for slope landscaping and landscaping maintenance purposes. The easement interest is described in Article VIII, Section 3 of the Declaration of Covenants, Conditions and Restrictions for Tract No. 6113 which were recorded by the Orange County Recorder on July 14, 1970, in Book 9345, Pages 392 through 403 of Official Records of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 1.50 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property is immediately adjacent to one of the designated locations where a sound wall is to be constructed. Amore specific depiction of the sound wall to be constructed adjacent to OWNER'S easement is shown on Exhibit "A" attached hereto and by reference incorporated herein. F. CITY is prepared to have a private contractor remove and replace a portion of the slope landscaping and irrigation system as necessary to accommodate the sound wall construction at no cost to OWNER. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as ` follows: Sound Wall Agreement SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. CITY'S contractor will restore OWNER'S landscaping and irrigation system improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. C. CITY will pay for all sound wall construction landscaping restoration work required by the plans and specifications for Contract No. C -2825(D). D. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. B. OWNER hereby gives permission to remove and replace slope landscaping plantings and interfering portions of slope irrigation system in order to accommodate sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT'), and that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, including restoration of slope plantings and slope irrigation systems, OWNER becomes fully responsible for the maintenance and preservation of such slope improvements (i.e. the slope plantings and slope irrigation systems). Each of the individual lot owners shall have the full responsibility for the maintenance and preservation of that portion -of the sound wall constructed on their lot as provided in a separate recorded Sound Wall Agreement between CITY and each individual owner of Lots 6 through 13 of Tract No. 6113. Sound Wall Agreement SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement need not be filed for record with the Orange County Recorder. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right -of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation APPR ED O FORM: ' By: Mayor 06 Attorney ATTEST: t P AS NMI ty [AFFIX NOTARY PUBLIC JURATS] OWNER(S) HARBOR VIEW BROADMOOR I I Sound Wall Agreement 3 3 O uj Lu 3: uj —1 , I'm 10 O WAL ST To BEG CONTRACI-tr AND RECONS! WOOD FENCE WALL. i 121 Ora 1 73 1 0.0/1-0 1 2 MIKE 4- - 14- C48913HESNEY PLAN S APPROV CITY OF NEWPORT BEACH 3 300 NEWPORT BOIL E YARD NEWPORT BEACH. CA 92658 ROBERT BEIN. WILLIAM FROST AND ASSOCIATES 14775 ALTON PARKWAY WALL' it PL S. 1 mi0 19 0 LL .TA,20SQ'0-00 EXIST CARTHOR SOUL' ARD •I..FENCE 5,A I25+40. XIST BL F Pr Rl'(•LITjs I WAIL '1D` 2 12 01 S URF L INE PL Lo -r (p T Fr ej &, 00 20 51 Z1 DETAIL "A" CONSTRUCTION NOTES NIS 122- 72 -p &PROTECT IN PLACE SOUIND WALL PLAN -:::� C� - Q – REMOVE 0 etly OF NEWPORT bIAUll -p 0 0 19 CONST MASONRY SOUNDWALL WITH GLASS PER DETAIL ON SHEETS VIACARTHUR BOULEVARD ul + SW -6, AND SW -T -- I w S SLOPI (4 N g ; Aft E A EAS < 0 0 Z PROPERTY — — — — — — — — — — - LINE -- — — - __— — — — — --- ALL LAYOUT LINE < UJ 3: (CAL -TRAMS ---------- *fBTA `V.10116167 V) PARCEL NO. -OPPIT L L IA 2C,5' �E 26' + XI Ti BLOCK P LO WALL' it PL S. 1 mi0 19 0 LL .TA,20SQ'0-00 EXIST CARTHOR SOUL' ARD •I..FENCE 5,A I25+40. XIST BL F Pr Rl'(•LITjs I WAIL '1D` 2 12 01 S URF L INE PL Lo -r (p T Fr ej &, 00 i---- - DETAIL "A" 1207 SURFLINE NIS L07 SOUIND WALL PLAN WALL NO I AND 2 SCALE' 1-=20' sw— I etly OF NEWPORT bIAUll T).n N1. 11-5119 5 1 OR REDUCED PLLNS I A3 c 119 O.0/1.0 B CI\IL B'CU_EVARO >- N -- -_...i Lit �T� W=_:-.-�-�--_ LCC��Z 20 =_6 �-,�-.�� �;'m � - --L•• - �=-�--- -i`-t=�-,-ii.J=;- --�=���.r —`�" �' t- �4,;..Y _ - •_,._ - , ' -{ Ti�L-+� _; iT ,'� _ " T i _:1 ��=-' �-='2fu.1C t!_�- _ Yir-YP F_`'- S = - .) i' ��_ -� 7 = i.-'li�� _ -T_I -:> - �, -, 1 � tIii- -' -- Ii-.—_, --,Q Sit �i-s- "ll =Ui - �'•_ _ ) - �:+- ` r� Ti _ ---= -i-- %_ = = {�_ '�ii-r3n.7�---n�} n' --n ni �L�- I�_1, ui1--]��_i-�i. L ..� __t Y=-: — _- _ -• = I il�-1i-`�'i��1ii!�? :-jl,l�-�. L' f1i��Li1.Lj -L f--i.�--1-_ oil r- �.a3-�_ � w w = - - - - - __ _ _ -_ - _. - = - _- _ - m _-_ _= - -_ ---= - -_ -moo u _ - ='1.2� _�-'-'-- �—r-.-"� � 3,Di= - -' _ _�---•��-=V1�H =P i�L�f`>1.�,_._ � _ -- _1 - ---- 23 24 25 ,9 26 27 - -.� CONSTRUCTION NOTES Y.- t!�-PROTECT IN PLACE REMOVE ' —CONST MASONRY SOUNDWALL WITH OWNE �YSLOPE GLASS PER DETAIL ON SHEETS OV'SW-6 AND SW-T RCg _ S\ G --- 0 ri WALL NO`�� 1 A- Y-01 T L{ NE. - iy i XA l2i 3 A _ T - 5' 6 XAL0 STA 26-40.37 xAl 4.21.68 A LINE (i} 5. ,PROP tt.'r - 'xALL STA 27.2...._ ` y� RR'7 LANE hNG' PO NT^ AN LE POiN =MACARTHUft BOULEVARD OPL L0 ti n NGLE POINT . r •- ST STA 127.03.96 4351 7 E TO iCt�1i-TRANS R �L6 N IOib►e7 u-aiLE �-- 24 �l� � � I ' I Rpt Q IS, � �-0-1 + i^ �I� - - - J �tJ ��'.. j -t PL � ice_ ��.+O•.i� �'I 'x`'l I )/ff�. C OJ C1J< /�.�• m2 I � 3 � 3 3 3 3 W� 04 SOUND WALL PLAN �; wls wl3 Wi% l t 1 CP �'I PL PL ^PL u.L 1-0 1221 URILINE I t<2i;�5U �LItJE { / Ic_,. - LIrY_ g cUor� 1NE 1245 t'RfLI'F WALL NO 2 PL �� �•��PL LOT9 \ (LOi JD} I i� t'•'®T ti � (j,67' �2} I (LOT is SCALE: 1-=2C• _, (LOT 7} s suftrLlr� '� v OR REDUCED PLLNS 09) BY TME -Y _ CITY OF NEAPC :_ _. H August 14, 1995 • AUG 1 4 1995 CITY COUNCIL AGENDA PpnvFn ITEM NO. 15 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: SOUND WALL AGREEMENTS FOR SEGMENT 1 CONSTRUCTION OF THE MACARTHUR BOULEVARD WIDENING PROJECT (C-2825) (/t) RECOMMENDATIONS: 1. Approve eleven (11) separate Sound Wall Agreements with owners of property affected by Segment 1 construction. 2. Authorize the Mayor and the City Clerk to sign each of the Sound Wall Agreements on behalf of the City. • DISCUSSION: The overall MacArthur Boulevard Widening project extends from Pacific Coast Highway to Ford Road and construction is to be accomplished in two parts: Segment 1 will include the portion from Pacific Coast Highway to approximately 1000 feet northerly of San Joaquin Hills Road and Segment 2 will include the portion from approximately 1000 feet northerly of San Joaquin Hills Road to Ford Road. The project's Environmental Impact Report identified four locations where sound attenuation walls are to be constructed as traffic noise mitigation measures. The four locations are shown on the attached exhibit. Three of the locations correspond to Segment 1 construction and one location corresponds to Segment 2 construction. All of the locations where sound walls are to be constructed are on private property and outside public street rights-of-way. For this project, situating the sound walls on private property accomplishes the required noise attenuation in the most cost effective and aesthetically pleasing manner. Since the construction work is to be performed on private property, a series of meetings was conducted with the property owners to describe the project and explain the proposed sound walls for Segment 1 construction. • A standard form Sound Wall Agreement was prepared as a means of documenting the relationship between the City and each owner of a property interest affected by the sound wall construction. The key items covered by the Agreement are: 1. Agreement for right -of -entry for the City and its contractor(s) to access the private property to construct the sound walls. 2. There will be no cost to the private property owner for the sound wall construction. 0 SUBJECT: SOUND WALL AGREEMENTS FOR SEGMENT 1 CONSTRUCTION OF THE MACARTHUR BOULEVARD WIDENING' PRbJECT (C-2825) August 14, 1995 i Page 2 _ ....... 3. The priv Iny rights to compensation for the right -of -entry. 4. Landscaping and hardscape improvements that need to be removed to accommodate sound wall construction will be restored to an equivalent condition at no cost to the private property owner. 5. Upon satisfactory completion of the sound wall construction, the improvement becomes part of the property and the property owner has full responsibility for maintaining and preserving the sound walls. The nine individual residential lot owners have signed identical Sound Wall Agreements. The street addresses of the nine lots are 2501 Harbor View Drive and 1201, 1207, 1215, 1221, 1227, 1233, 1239, and 1245 Surfline Way. A copy of the signed Sound Wall Agreement for 1245 Surfline Way is attached for reference and as an example. The Sound Wall Agreement with Harbor View Broadmoor Community Association is a modification of the standard form agreement since it only pertains to the slope easement over the lots along Surfline Way and does not involve ownership of the completed sound wall. The Sound Wall Agreement with Irvine Apartment Communities for the Baywood Apartments location is an expanded version of the standard form agreement. Each of the Sound Wall Agreements, except for the one with Harbor View Broadmoor Community Association, is to be recorded with the Orange County Recorder after signature by the Mayor and City Clerk. Caltrans has indicated that the Sound Wall Agreement satisfies their requirements for right-of-way certification for the project. Copies of each of the Sound Wall Agreements as signed by the respective property owners are being provided to Caltrans for review. Bids have already been received for Segment 1 Sound Wall Construction and a recommendation for award is the subject of a separate agenda item. Respectfully submitted, Q PUBLIC WORKS DEPARTMENT Don Webb, Director Gail Pickart Project Management Consultant Attachments • • C J SCALE 1"=1000' _ ON ISLAND SEGMENT 1 CONSTRUCTION SEGMENT 2 a� CONSTRUCTION �o f VE BOULEVARD SOUND BALL RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder 1111111111111 No Fee 19950399486 02:28PM 09014/95 008 12000222 12 18 Al2 6 7.00 15.00 0.00 0.00 0.00 18.00 �rMa OCT 4 195 CITY CLERK cl,rf, O SPACE ABOVE THIS LINE FORRI;CQRDI✓R'S USE SOUND WALL AGREEMENT (CALTRANS PARCEL NO. 10L los 8) THIS AGREEMENT, entered into this day of 5� 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (herei fter referred to as "CITY"), and CARMEN BEATRIS CORDOVA (hereinafter referred to as "OW ' R") is made with reference to the following: N RECITALS: VK A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 2501 Harbor View Drive. The legal description of said property is Lot 1 of Tract No. 3542 as shown on a map filed in Book 124, Pages 31 and 32 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. n r.. Sound Wall Agreement `" 1 lam_ F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. NI -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. CITY OF NEWPORT BEACH a municipal corporation APPROVED AS TO FORM: Mayor [AFFIX NOTARY PUBLIC JURATS] tl'+� Sound Wall Agreement 3 OPTiONAL FORM 175 (FORMERLY FS -88) MARCH 1975 DEPT. OF STATE 50175-101 Certificate of Acknowledgment of Execution of an Instrument :O 00-.. • W; _ .��; (Country) - PROVINCE OF PICHINCHA ----------------------------------------- (County and/or other political division) CITY OF QUITO SS. ---------=---------------------------------- (County and/or other political division) EMBASSY OF THE UNITED STATES OF CA •-------------------------------------------- (Name of foreign service office) James P. Merz, Vice Consul I--------------------------------------------I------w-------------------------------- of the United States of America atQuito, Ecuador ------------------------------------------------------- duly commissioned and qualified, do hereby certify that on this 3rd. --------------------------- day of August, 1995 ....... before me personally appeared Carmen B. Cordova ----------- ---------------- (DATE) X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X ------------------------------------------------------------------------------------------ X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X—X to me personally known, and known to me to be the individual --described in, whose name_ S4��bscribed to, and who executed the annexed instrument, and being she/ informed by me of the contents of said instrument ---------- duly acknowledged to me Wshe./VW that -------- executed the same freely and voluntarily for the uses and purposes therein mentioned. [SEAL] In witness whereof I have hereunto set my hand and TfZicial seal the day and year last above written. it Js P. Merz _ iConsul _ of the United States of America NOTE. --Wherever practicable all signatures to a document should be included in one certificate. * U.S. Government Printing Office: 1987-181.247/601.10 ) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) On -23, 1995 , before me, Shauna Lyn Oyler personally appeared John Hedges and Wanda E. Raggio personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(64 whose name() is/a-re subscribed to the within instrument and acknowledged to me that he/sheA4ey executed the same in hisf",�%iauthorized capacity{ieW, and that by hisl",,,e;their signature() on the instrument the person(o or the entity upon behalf of which the person(O acted, executed the instrument. WITNESS my hand and official seal. U ,» Shauna Lyn Oyler f AEN � Comm #t00?.68i N ° OTARY PUBLIC CAL4FORNIA�!P ORANGE COUNTY Comm. Expires Aug 22, 1997 -s Notary Public in and for said/State l SEA - - -` •LYtl T L I N. N _ Su6JECT SEE •. D! A, RrOlT�/ PROPERTY N.0 STA a! M:ARINJR 'JV CY ! y, f S,SiA O1I'. X 'K' DI• IJ'2p•F :D LaL xIL. r r BEG A.LL, �� % CON,P.AC, Dg sHAn A �'� AND R[coMs; Ruci i it ,-i 1000 (C µ RL. • � � (CALTRANS PARMOL 250! HARBOR � Ers4 DD � O e� I■ i A j O C I5 121 Ceo I 733 1 O.0/1.0 iiz"5`f51 F Ib--� --s .—E�.� 4 C;TT - 1,r 4- 95 r,-a-saTi e. BEACH !'M OF NCAT BEACH LIEN RE1RORi ACVARO NEwPWi BEACH. U 52ESb P03ERT REIN. NILLIUI FROST ANA AS I4725 ILION PARLAR \� �_ Y x--� ; •^-�" CONSTRUCT[ON NOTES s 00 o -PROTECT IN PLACE u �_.CP��.-�J. (D -REMOVE 6'o -- - - '- O CONST MASONRYSOUNDAILL WITH -`Lp GLASS PER DUAIL ON SHEETS — — — — — MACARTH 18 BOULEVARD m :n Sw-6. AND SW -7_ + . W - l SEA - - -` •LYtl T L I N. N _ Su6JECT SEE •. D! A, RrOlT�/ PROPERTY N.0 STA a! M:ARINJR 'JV CY ! y, f S,SiA O1I'. X 'K' DI• IJ'2p•F :D LaL xIL. r r BEG A.LL, �� % CON,P.AC, Dg sHAn A �'� AND R[coMs; Ruci i it ,-i 1000 (C µ RL. • � � (CALTRANS PARMOL 250! HARBOR � Ers4 DD � O e� I■ i A j O C I5 121 Ceo I 733 1 O.0/1.0 iiz"5`f51 F Ib--� --s .—E�.� 4 C;TT - 1,r 4- 95 r,-a-saTi e. BEACH !'M OF NCAT BEACH LIEN RE1RORi ACVARO NEwPWi BEACH. U 52ESb P03ERT REIN. NILLIUI FROST ANA AS I4725 ILION PARLAR \� �_ Y x--� ; •^-�" CONSTRUCT[ON NOTES s o -PROTECT IN PLACE �_.CP��.-�J. (D -REMOVE 6'o -- - - '- O CONST MASONRYSOUNDAILL WITH -`Lp GLASS PER DUAIL ON SHEETS — — — — — MACARTH 18 BOULEVARD --'— :n Sw-6. AND SW -7_ + (J (J 3 6 Q y g _ L7 Z PROPERTY�Io ^.-e--•'A. C✓ LINE , k'ALL LAYOUT LINE ¢ W IM LD -"1G5 -i•E5.:1 N At4..v J W U) Up'jr:v - NµL 5'A xC•<5.:5 6LL7aD�.2 j1\ \I LtvE �- S , it V V Nx6'x0"S'C t _ / I la r Y r 2 ! L n KK'Si"Bl0-K w o a u+; .. DETAIL "A'• t �, C Y Ll 1N204PO.00 CSlci NCO'u \\ 12w suRrL � � ' ' Wi5 \ �, I j CART Rpfl BOV'. ARD '1. f[rY.0 \, SSL SIA 12J, aO. __-_- !' � 0F,1p,I I ", SOUND WALL PLAN AALL r P B Pr p ? 1201 SURrLINE J WALL NO I AND 2 SCALE: 1'•26' SW- Crii Or rvERT[gl b1 AU1 ,e mn+rn ni All n x ) pr, m. u St19-S—. 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE SOUND WALL AGREEMENT THIS AGREEMENT, entered into this day of 1995, by and between the CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "CITY"), and JOHN P. TYSON and KAREN V. TYSON (hereinafter referred to as "OWNER") is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and Charter of the City. B. OWNER owns and has possession of the real property situated within the boundaries of CITY and commonly identified as 1245 Surfline Way. The legal description of said property is Lot 13 of Tract No. 6113 as shown on a map filed in Book 226, Pages 20 through 22 of Miscellaneous Maps in the Office of the County Recorder of Orange County, California. C. CITY is proceeding with a project to widen and reconstruct MacArthur Boulevard from Pacific Coast Highway to Ford Road (hereinafter referred to as "PROJECT"). The PROJECT is to be accomplished in two construction segments: Segment 1 extends from Pacific Coast Highway to approximately 1,000 feet northerly of San Joaquin Hills Road and Segment 2 extends from approximately 1,000 feet northerly of San Joaquin Hills Road to Ford Road. • • D. Final Environmental Impact Report No. 150 for the PROJECT was certified by CITY on April 13, 1992. Final EIR No. 150 requires that excessive roadway noise levels be mitigated at • certain, designated locations by the construction of sound attenuation walls. E. OWNER'S real property contains one of the designated locations where a sound wall is to be constructed. A more specific depiction of the sound wall to be constructed on OWNER'S lot is shown on Exhibit "A" attached hereto and by reference incorporated herein. Sound Wall Agreement F. CITY is prepared to have a private contractor construct the sound wall on OWNER'S real property at no cost to OWNER. • G. OWNER is prepared to accept the completed sound wall as an integral part of and an improvement to OWNER'S real property. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: SECTION 1. CITY RESPONSIBILITY A. Sound walls for Segment 1 of PROJECT shall be constructed in accordance with the improvement plans (City of Newport Beach Drawing No. M -5319-S consisting of eight sheets) and specifications for Contract No. C -2825(D). B. A separate building permit corresponding to sound wall construction on each parcel of land will be issued by CITY'S Building Department, at no cost to OWNER. C. CITY'S contractor will restore OWNER'S landscaping and hardscape improvements disturbed by sound wall construction to a condition commensurate with the condition existing prior to the start of work. • D. In the event OWNER desires to hire CITY'S contractor to perform work beyond the scope of CITY'S Sound Wall Contract, CITY will not object to such hiring so long as the additional work does not detract from the progress or quality of the work being performed for CITY. E. CITY will pay for all sound wall construction required by the plans and specifications for Contract No. C -2825(D). F. Upon satisfactory completion of the sound wall work under said construction contract, CITY will file a Notice of Completion with the Orange County Recorder and establish that there are no outstanding claims or mechanics' liens before releasing final payment for the completed contract work. SECTION 2. OWNER RESPONSIBILITY A. OWNER hereby gives permission to construct sound attenuation walls on OWNER'S • private property as a mitigation measure for PROJECT. B. OWNER hereby grants a right -of -entry to CITY and CITY'S contractor over that portion of OWNER'S property as necessary to accomplish sound wall construction. C. OWNER is aware and acknowledges that the right -of -entry permission hereby given is a property right or interest covered by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and amended April 2, 1987 (the "ACT"), and Sound Wall Agreement 2 that under the ACT OWNER is entitled to be provided with an appraisal establishing a monetary value for said right -of -entry along with compensation for each right -of -entry. OWNER hereby waives any acquisition or relocation rights afforded by the ACT relative to sound wall construction for Segment 1 of PROJECT. D. OWNER understands and acknowledges that upon satisfactory completion of sound wall • construction by CITY'S contractor, the improvements will be considered part of the real property and OWNER becomes fully responsible for the maintenance and preservation of such improvements. All right, title and interest in and to the sound wall shall pass to OWNER upon the recording of the Notice of Completion for Contract No. C -2825(D). SECTION 3. RECORDATION CITY and OWNER agree that this Sound Wall Agreement shall be filed for record with the Orange County Recorder. CITY will handle the recordation and will provide a copy of the fully executed, recorded document to OWNER. SECTION 4. TERM This Agreement shall become effective upon execution by both CITY and OWNER. The right - of -entry provisions of this Agreement shall terminate upon satisfactory completion of sound wall is construction and expiration of the one year warranty period required by the construction contract specifications. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. APPROVED AS TO FORM: City Attorney ATTEST: CITY OF NEWPORT BEACH a municipal corporation LE Mayor OWNER(S) City Clerk By: LE [AFFIX NOTARY PUBLIC JURATS] Sound Wall Agreement 3 • 0 0 •) STATE OF CALIFORNIA )ss. COUNTY OF ORANGE ) Ona6 199 ,Before me, Shauna Lyn Oyler personally appeared ti%6h vie 4a A'O; i to me (or proved to m� basis of satisfactory evidence) to be the persoro�)whose names is/are subscribed to the within instrument and acknowledged to me that he/she he xecuted the same in his/her/their authorized capacityes , and that by his/hedtteir ignature&,on the instrument the persot9por the entity upon behalf of which the persorlj(D? acted, executed the instrument. WITNESS my hand and official seal. -'J� i6z • Notary Public in a for said S ate 0 Shauna Lyn Oyler V ,,,. Comm #1002661 r.) NOTARY PUBLIC CALIFORNIA' ORANGE COUNTY O Comm. BMgn/ Aug 22, 1997