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HomeMy WebLinkAboutC-2974 - Right of Entry for Utilities Yard Expansion-II, groundwater developmentDecember 21st, 1993 CITY COUNCIL AGENDA C 297 ITEM NO. Z CITY OF NE P;',' - TO: Mayor & Members of the City Council FROM: Utilities Department Fn2l 1993 SUBJECT: RIGHT OF ENTRY AGREEMENT WITH ! ` ARMSTRONG PETROLEUM & RANCHO SANTIA� UTILITIES YARD EXPANSION PROJECT - PHASE II GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATIONS: Approve the Right of Entry Agreement allowing the City to enter onto the owner's property to perform work in advance of property acquisition. 2. Authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. DISCUSSION: As part of the City's Groundwater Development Project, it is necessary to acquire additional property adjacent to the Utilities Yard on 16th Street. This property is currently owned by a partnership that includes Armstrong Petroleum and Mobil Oil Corporation. The City has met and discussed acquisition of the property with the owner's representative, Armstrong Petroleum. The owners have agreed to negotiate further on the specific method and price of acquisition for the property needed by the City. They have agreed to enter into an agreement allowing the City to use the property while the value and the terms of acquisition are being determined. The City and Armstrong Petroleum have jointly hired an appraiser to determine a value for the property the City needs for the Groundwater Development Project and to evaluate a parcel adjacent to Carden Hall School. A joint - letter of instructions to the appraiser is attached and is a part of the Entry Agreement under consideration. The Agreement allows the City to enter onto the property adjacent to the Utilities Yard to perform work and constuct improvements. This is necessary for the City to stay on schedule for the reservoir and pump station construction components of the Groundwater Development Project. Additionally, this Agreement is necessary to perform the work under the contract for temporary grading and surcharge earthwork, approved by the Council at the last meeting. That work is also a prerequisite to reservoir construction. e 2 t of Entry Agreement Armstrong Petroleum December 21, 1993 The earthwork contractor is awaiting approval to begin work on the temporary embankment surcharge. His contract is contingent upon approval to enter onto the property. The Agreement terms include: 1. A provision for the City and the property owners to jointly have the property appraised to determine the value of the land. This is currently being done by Pike & Associates, a mutually agreeable appraiser who has done work for the City in the past. 2. Provisions to hold the property owner's harmless for any work the City does on the property. 3. A provision to keep the property clear of liens and other encumbrances. 4. A provision which sets the term of the Agreement to run from the date of execution until the date the City acquires the property. 5. A provision which indicates the City will initiate an eminent domain proceeding to acquire the property, if another method of property acquisition cannot be agreed upon within one year of the date of the Agreement. The City and the owners have met and are continuing to explore a method of property acquisition which involves City- provided planning efforts and approvals which will allow the property owners to implement a planned development of some of their other parcels around the piece of property the City is attempting to acquire. The parcels covered under this Entry Agreement (Labeled Lot "C & Lot 'D" on page 4 of 6 to the Agreement) represent approximately five (5) acres of land area. Lot "C" is the parcel the City needs for its reservoir and pump station construction. It is approximately three (3) acres. Lot "D" is the parcel being considered for a property exchange with the Carden Hall School to obtain a park site in Corona Del Mar. The principal benefactor of Carden Hall is interested in trading property to the City that is located adjacent to a City park in Corona Del Mar. The Utilities Committee requested that staff continue pursuing this property acquisition option. The property owner has indicated a willingness to consider a trade of the property in question for: 1. A waiver of City fees, and; 2. The City to process the required General Plan revisions, and; • 3 W t of Entry Agreement Armstrong Petroleum December 21, 1993 3. Processing an application for annexation of a small area adjacent to the properties in question with LAFCO and the County of Orange, and; 4. The City to enter into either a development agreement or vesting tentative maps for the surrounding parcels. (Note: This would apply to only the immediately adjacent parcels to those the City is seeking acquisition of A total area of just under 12 acres.) Staff has reviewed this Entry Agreement and recommends its approval. The Utilities Committee has reviewed this matter at their last three meetings. At the Utilities Committee meeting on December 10th, 1993, the Committee forwarded a recommendation to the Council for approval of this Entry Agreement. Respectfully submitted, JeFF Iry EAAI Jeff Staneart, P.E. Utilities Director Attachments: Exhibit "A": "Entry Agreement ", 6 pp. JS: sdi 0 E N T R Y A G R E E M E N T THIS ENTRY AGREEMENT is made and entered into this Z7 "—o day of MCEmKk 1993, by and between Mobile Oil Corporation, a New York Corporation, and Rancho Santiago Partnership, a California General Partnership composed of Armstrong Petroleum Corporation, a California Corporation, NIC Oil & Gas California Corporation, a California Corporation and Lehndorff- Newport Joint Venture, a Texas Limited Partnership, hereinafter referred to as "PARTNERSHIP ", and the "CITY OF NEWPORT BEACH ", a municipal corporation, hereinafter referred to as "CITY ". WITHESSETH: WHEREAS, PARTNERSHIP is the owner of certain real property commonly known as "NEWPORT BANNING RANCH" in the City of Newport Beach, County of Orange, State of California, located adjacent to and westerly of the City's Utilities Yard, located at 949 West 16th Street, more particularly described in Exhibit "A" and shown on Exhibit "B ", attached hereto and by this reference made a part hereof, and hereinafter referred to as "THE PREMISES ", and; WHEREAS, CITY desires to enter upon THE PREMISES for the investigation, design, grading and construction of a storm drain system, an underground concrete reservoir, a pump station building and expansion of the City's Utilities Yard with supporting buildings and infrastructure prior to acquiring ownership of THE PREMISES, and; WHEREAS, PARTNERSHIP is agreeable to allowing CITY entry and use of THE PREMISES for the expansion of the City's Utilities Yard and the implementation of City's Groundwater Development Project by beginning to construct facilities on THE PREMISES, and; WHEREAS, both parties agree the City will ultimately acquire THE PREMISES, by a method and an amount of consideration not yet determined, and; WHEREAS, the City and PARTNERSHIP have entered into negotiations for acquisition of the PREMISES by CITY without the necessity for CITY to initiate eminent domain proceedings, and the parties have agreed to appraise THE PREMISES as set forth in that certain letter dated December 5th, 1993 to Thomas M. Pike, Sr., a copy of which is attached hereto as Exhibit "C" and by this reference made a part hereof, and hereinafter referred to as "APPRAISAL INSTRUCTIONS ", and; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: lof6 0 I. Right of Entry PARTNERSHIP hereby grants to CITY, its agents and employees, the right to enter, grade and construct upon THE PREMISES. II. Term The right of entry herein granted begins upon the date the CITY signs this agreement. 0 This right of entry shall remain in force and in effect until such time the CITY acquires title to said THE PREMISES. If CITY and PARTNERSHIP fail to agree upon a method of acquisition or amount of consideration within one year from the date of this Entry Agreement, CITY agrees to initiate eminent domain proceedings for the acquisition of THE PREMISES. The issues to be determined in the eminent domain proceeding will be limited to just compensation as related to THE PREMISES and no issues will be raised challenging the public use or necessity of the investigation, design, grading and construction of a storm drain system, an underground concrete reservoir, a pump station building and expansion of CITY's Utilities Yard with supporting buildings and infrastructure, or the utilization of THE PREMISES therefor. For the purpose of determining just compensation for THE PREMISES in the eminent domain proceeding, the parties agree to utilize the instructions set forth in the APPRAISAL INSTRUCTIONS referenced herein above, for the appraisal conducted jointly by both parties for such eminent domain proceeding. If CITY acquires THE PREMISES through eminent domain, interest at the legal rate on the just compensation determined in such eminent domain proceeding will accrue from the date of this Entry Agreement. III. Hold Harmless PARTNERSHIP shall not be liable for any loss, damage or injury of any kind or character to any person or property caused by or arising from any act or omission of CITY or any of its agents or employees associated with THE PREMISES. CITY, as a material part of the consideration for this Entry Agreement, hereby agrees to indemnify and hold PARTNERSHIP free and harmless from all liability for any such loss, damage or injury. IV. Liens CITY shall not suffer or permit to be enforced against THE PREMISES, any mechanics' or material lien's, contractors' or subcontractors' liens or any claim for damages arising out of the work associated with this Entry Agreement, and CITY shall pay or cause to be paid said liens, claims or demands before any action is brought to enforce the same against said land. CITY agrees to indemnify and hold PARTNERSHIP and said land free and harmless from liability for any such liens, claims and demands, together with reasonable attomeys' fees and costs and expenses in connection therewith. PARTNERSHIP reserves the right at any time and from time to time to post and maintain on the premises such notice as may be necessary to protect PARTNERSHIP against liability for any such liens or claims. V. Execution In Counterparts It is mutually agreed that this Agreement may be executed in counterparts by the various signatories. 2 of 0 0 IN WITNESS WHEREOF, the parties hereto have caused this Entry Agreement to be executed on the day, month and year first above written. APPROVED AS TO FORM: Robert Burnham City Attorney ATTEST: Wanda Raggio City Clerk CITY OF NEWPORT BEACH a municipal corporation Clarence Turner Mayor RANCHO SANTIAGO PARTNERSHIP Armstrong Petroleum Corporation, a California corporation R. A. Armstrong President NIC OIL & GAS, CALIFORNIA CORPORATION, a California corporation LEHNDORF- NEWPORT JOINT VENTURE, a Texas joint venture MOBIL OIL CORPORATION, a New York corporation Attomey -in -Fact 3 of EXHIBIT A RIGHT OF ENTRY AGREEMENT THAT PORTION OF BLOCKS C AND D OF THE BANNING TRACT, CASE NO. 6385 OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA, IN RANCHO SANTIAGO DE SANTA ANA, ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 16TH STREET AND THE EASTERLY LINE OF SAID BANNING TRACT; THENCE ALONG THE SOUTHERLY LINE OF PARCEL 1 DESCRIBED IN CASE NO. 123141 OF THE SUPERIOR COURT OF ORANGE COUNTY RECORDED AUGUST 4, 1965 IN BOOK 7620, PAGES 215 TO 217, OFFICIAL RECORDS OF ORANGE COUNTY, NORTH 89° 39'09" WEST, A DISTANCE OF 16.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 500 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 280 48' 33 ", AN ARC LENGTH OF 251.41 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 61° 32' 18" WEST A DISTANCE OF 56.60 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 280 27'42" EAST, A DISTANCE OF 141.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1400 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 26'42", AN ARC LENGTH OF 475.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 800 59'01 " EAST; THENCE ALONG A NON- TANGENT LINE SOUTH 890 38' 39" FAST, A DISTANCE OF 447.86 FEET TO SAID EASTERLY LINE OF THE BANNING TRACT; THENCE ALONG SAID EASTERLY LINE NORTH 28° 30' 10" WEST A DISTANCE OF 753.76 FEET TO THE POINT OF BEGINNING. N4ORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. CONTAINS 5.48 ACRES MORE OR LESS. PREPARED BY. DEREK J. MCGR L.S. NO. 6496 N- 'liIJPORT MESA SCHOOL DISTRICT O.R. 7620/215 >t 5 61'32'18' w —,FUTURE R/W 56.60 R = 500.00' l = 26'48.33 _ 257.u• ` ti rNW N Flo l s �s FUTURE CENTERUNE FUTURE R/W W � IBth S7gEE\ E tz 1 m LOT C RA)�UUING I $ I _ is FUTURE PROPERTY UNE F a I F N 80'S9'OY E I I ' I I � d E::a1E/:3/95 LOT D TRACT D DD SCAM i' - 100 Dxek J. M<GregD S. No. 6496 jh� DMe Engineering EXHIBIT �B" OFE2 SHEETS civil - Surveying - Planning RIGHT OF ENTRY AGREEMENT DATE: 10 -8 -93 ,e 7eehamup Mm MW 100 (714) 753-I9393. rAl 0271 755 -7322 CITY Of NEWPORT BEACH Jt4 403 -76 • 0 CITY OF NEWPORT BEACH December 51h, 1993 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. Thomas M. Pike, Sr. Thomas M. Pike & Associates 24152 Via Santa Clara Mission Viejo, California 92691 -1918 Dear Mr. Pike: The City met with Leonard Anderson of West Newport Oil Company, the landowner's representative and agreed on the following instructions for appraisal of the two lots adjacent to the City's Utilities Yard on 16th Street. 1. The two lots will be appraised as separate parcels, not as a part of the larger development of the Banning Ranch area. 2. The zoning is to be as set forth per the general use plan, 81 -1. The allowable square footage of commercial and industrial use specified for the area is to be prorated. 3. Similar "finished" parcels are to be used as comparables in your appraisal. 4. The improvement costs to use are shown in the attached cost estimate prepared by DMC Engineering. As previously discussed, these costs will be used as a credit to the City for providing buildable lots. 5. Assume there are no hazardous wastes on the site. 6. Assume that there are no environmental constraints. Please let me know if you have any questions regarding these instructions. Very truly yours, (TtI., 94 Jeff Staneart, P.E. Utilities Director iss�r Approved: Rancho Santiago Partnership & Mobil Oil By: By: n'; Lcnn;ird Mdcrson Don Si,npsc n 3300 Newport Boulevard, Newport Beach E N T R Y O G R E E M E N T THIS ENTRY AGREEMENT is made and entered into this zZ " —° C -Z�7�/ day of DecemOM .1993, by and between Mobil Oil Corporation, a New York Corporation, and Rancho Santiago Partnership, a California General Partnership composed of Armstrong Petroleum Corporation, a California Corporation, NIC Oil & Gas California Corporation, a California Corporation and Lehndorff- Newport Joint Venture, a Texas Limited Partnership, hereinafter referred to as "PARTNERSHIP ", and the "CITY OF NEWPORT BEACH ", a municipal corporation, hereinafter referred to as "CITY ". WITHESSETH: WHEREAS, PARTNERSHIP is the owner of certain real property commonly known as 'NEWPORT BANNING RANCH" in the City of Newport Beach, County of Orange, State of California, located adjacent to and westerly of the City's Utilities Yard, located at 949 West 16th Street, more particularly described in Exhibit "A" and shown on Exhibit "B ", attached hereto and by this reference made a part hereof, and hereinafter referred to as "THE PREMISES ", and; WHEREAS, CITY desires to enter upon THE PREMISES for the investigation, design, grading and construction of a storm drain system, an underground concrete reservoir, a pump station building and expansion of the City's Utilities Yard with supporting buildings and infrastructure prior to acquiring ownership of THE PREMISES, and; WHEREAS, PARTNERSHIP is agreeable to allowing CITY entry and use of THE PREMISES for the expansion of the City's Utilities Yard and the implementation of City's Groundwater Development Project by beginning to construct facilities on THE PREMISES, and; WHEREAS, both parties agree the City will ultimately acquire THE PREMISES, by a method and an amount of consideration not yet determined, and; WHEREAS, the City and PARTNERSHIP have entered into negotiations for acquisition of the PREMISES by CITY without the necessity for CITY to initiate eminent domain proceedings, and the parties have agreed to appraise THE PREMISES as set forth in that certain letter dated December 5th, 1993 to Thomas M. Pike, Sr., a copy of which is attached hereto as Exhibit "C" and by this reference made a part hereof, and hereinafter referred to as "APPRAISAL INSTRUCTIONS ", and; NOW, THEREFORE, in consideration of the foregoing, the parties hereto agree as follows: Iof6 V I. Right of Entry 0 PARTNERSHIP hereby grants to CITY, its agents and employees, the right to enter, grade and construct upon THE PREMISES. II. Term The right of entry herein granted begins upon the date the CITY signs this agreement. This right of entry shall remain in force and in effect until such time the CITY acquires title to said THE PREMISES. If CITY and PARTNERSHIP fail to agree upon a method of acquisition or amount of consideration within one year from the date of this Entry Agreement, CITY agrees to initiate eminent domain proceedings for the acquisition of THE PREMISES. The issues to be determined in the eminent domain proceeding will be limited to just compensation as related to THE PREMISES and no issues will be raised challenging the public use or necessity of the investigation, design, grading and construction of a storm drain system, an underground concrete reservoir, a pump station building and expansion of CITY's Utilities Yard with supporting buildings and infrastructure, or the utilization of THE PREMISES therefor. For the purpose of determining just compensation for THE PREMISES in the eminent domain proceeding, the parties agree to utilize the instructions set forth in the APPRAISAL INSTRUCTIONS referenced herein above, for the appraisal conducted jointly by both parties for such eminent domain proceeding. If CITY acquires THE PREMISES through eminent domain, interest at the legal rate on the just compensation determined in such eminent domain proceeding will accrue from the date of this Entry Agreement. III. Hold Harmless PARTNERSHIP shall not be liable for any loss, damage or injury of any kind or character to any person or property caused by or arising from any act or omission of CITY or any of its agents or employees associated with THE PREMISES. CITY, as a material part of the consideration for this Entry Agreement, hereby agrees to indemnify and hold PARTNERSHIP free and harmless from all liability for any such loss, damage or injury. IV. Liens CITY shall not suffer or permit to be enforced against THE PREMISES, any mechanics' or material lien's, contractors' or subcontractors' liens or any claim for damages arising out of the work associated with this Entry Agreement, and CITY shall pay or cause to be paid said liens, claims or demands before any action is brought to enforce the same against said land. CITY agrees to indemnify and hold PARTNERSHIP and said land free and harmless from liability for any such liens, claims and demands, together with reasonable attorneys' fees and costs and expenses in connection therewith. PARTNERSHIP reserves the right at any time and from time to time to post and maintain on the premises such notice as may be necessary to protect PARTNERSHIP against liability for any such liens or claims. V. Execution In Counterparts It is mutually agreed that this Agreement may be executed in counterparts by the various signatories. 2of6 0 0 IN WITNESS WHEREOF, the parties hereto have caused this Entry Agreement to be executed on the day, month and year first above written. APPROVED AS TO FORM: Robert Burnham City Attorney City Clerk V CITY OF NEWPORT BEACH a municipal corporation Clarence Turn// Mayor RANCHO SANTIAGO PARTNERSHIP Armstrong Petroleum Corporation, a Califonda corporation R. A. Armstrong President NIC OIL & GAS, CALIFORNIA CORPORATION, a California corporation LEHNDORF- NEWPORT JOINT VENTURE, a Texas joint venture MOBIL OIL CORPORATION, a New York corporation Attorney -in -Fact 3of6 0 IN WITNESS WHEREOF, the parties hereto have caused this Entry Agreement to be executed on the day, month and year first above written. APPROVED AS TO FORM: City Attorney ATTEST: Wanda Raggio City Clerk CITY OF NEWPORT BEACH a municipal corporation Clarence Turner Mayor RANCHO SANTIAGO PARTNERSHIP Armstrong Petroleum Corporation, a California corporation R. A. Armstrong President NIC OIL & GAS, CALIFORNIA CORPORATION, a California corporation LEHNDORF- NEWPORT JOINT VENTURE, a Texas joint venture Donald M. Caire Senior Vice President MOBIL OIL CORPORATION, a New York corporation Attorney -in -Fact 3of6 E 0 IN WITNESS WHEREOF, the parties hereto have caused this Entry Agreement to be executed on the day, month and year first above written. APPROVED AS TO FORM: �lGE_ Robert Burnham City Attorney vey �mix CITY OF NEWPORT BEACH a municipal corporation Clarence Turner Mayor RANCHO SANTIAGO PARTNERSHIP Armstrong Petroleum Corporation, a California corporation R. A. Armstrong President NIC OIL & GAS, CALIFORNIA CORPORATION, a California corporation LEHNDORF- NEWPORT JOINT VENTURE, a Texas joint venture MOBIL OIL CORPORATION, a New York corporation Attorney -in -Fact 3of6 • E IN WITNESS WHEREOF, the parties hereto have caused this Entry Agreement to be executed on the day, month and year first above written. APPROVED AS TO FORM: CITY OF NEWPORT BEACH a municipal corporation Robert Burnham Clarence Turner City Attorney Mayor ATTEST: A;A �F`r t'O4� RANCHO SANTIAGO PARTNERSHIP A rmstrong Petroleum Corporation, �'� a California corporation Wanda Raggio // R. A. Armstrong City Clerk v President NIC OIL & GAS, CALIFORNIA CORPORATION, a California corporation LEHNDORF- NEWPORT JOINT VENTURE, a Texas joint venture MOBIL OIL CORPORATION, a New York corporation G. P. Dalton Attorney -in -Fact 7.7IN • • EXHIBIT A RIGHT OF ENTRY AGREEMENT THAT PORTION OF BLOCKS C AND D OF THE BANNING TRACT, CASE NO. 6385 OF THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA, IN RANCHO SANTIAGO DE SANTA ANA, ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 16TH STREET AND THE EASTERLY LINE OF SAID BANNING TRACT; THENCE ALONG THE SOUTHERLY LINE OF PARCEL I DESCRIBED IN CASE NO. 123141 OF THE SUPERIOR COURT OF ORANGE COUNTY RECORDED AUGUST 4, 1965 IN BOOK 7620, PAGES 215 TO 217, OFFICIAL RECORDS OF ORANGE COUNTY, NORTH 89° 39'09" WEST, A DISTANCE OF 16.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 500 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 280 48' 33 ", AN ARC LENGTH OF 251.41 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 610 32' 18" WEST A DISTANCE OF 56.60 FEET; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 28° 27'42" EAST, A DISTANCE OF 141.66 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 1400 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 26'42", AN ARC LENGTH OF 475.02 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 800 59'01" EAST; THENCE ALONG A NON - TANGENT LINE SOUTH 890 38' 39" EAST, A DISTANCE OF 447.86 FEET TO SAID EASTERLY LINE OF THE BANNING TRACT; THENCE ALONG SAID EASTERLY LINE NORTH 28° 30' 10" WEST A DISTANCE OF 753.76 FEET TO THE POINT OF BEGINNING. MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART THEREOF. CONTAINS 5.48 ACRES MORE OR LESS. -a �. Exp. G / -, t,-, I PREPARED BY: l DEREK J. MCGR L . NO. 6496 JNEVV PO RT IIMESA SCIHOOL DISTRICT 1 OR 762012-16 1 S 61.3218 W FUTURE R/W ` POB i p = 28'4833" R = 500.00' L = 251-41' 16.50 09' /- / \ �y n FUTURE R/W 1 N FUTURE CENTERtJNE � 1 1 1 Iz �I a LOT C SAINNIING J I I C I � I I� L I I ' FUTURE PROPERTY LINE N 80'59'01" E _I RA0 I — I I I � LOT J TRA-r' -r 447.86• W � �` t -- i -- 1 i_. f= E-J. C %2.7/95 i- ii= 1 E-J. C %2.7/95 COF CN \E6 o�o PREPARED BY: ( �\ SCALE: 1' 100 Derek J. McGrego45. No. 6496 ®T5 ])MC Engineering EXHIBIT "B" OF SHEETS Civil • Surveying • Planning NA RIGHT OF ENTRY AGREEMENT DATE: 10 -8 -93 le Teehnolnp Drire, swte too (714) 753 9 pie, CFAX (7 1) 753 -8322 CITY OF NEWPORT BEACH JN 403 -76 CITY OF NEWPORT BEACH December 51h, 1993 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. Thomas M. Pike, Sr. Thomas M. Pike & Associates 24152 Via Santa Clara Mission Viejo, California 92691 -1918 Dear Mr. Pike: The City met with Leonard Anderson of West Newport Oil Company, the landowner's representative and agreed on the following instructions for appraisal of the two lots adjacent to the City's Utilities Yard on 16th Street. 1. The two lots will be appraised as separate parcels, not as a part of the larger development of the Banning Ranch area. 2. The zoning is to be as set forth per the general use plan, 81 -1. The allowable square footage of commercial and industrial use specified for the area is to be prorated. 3. Similar "finished" parcels are to be used as comparables in your appraisal. 4. The improvement costs to use are shown in the attached cost estimate prepared by DMC Engineering. As previously discussed, these costs will be used as a credit to the City for providing buildable lots. 5. Assume there are no hazardous wastes on the site. 6. Assume that there are no environmental constraints. Please let me know if you have any questions regarding these instructions. Very truly yours, • Jeff Staneart, P.E. Utilities Director )S:sdi Approved: Rancho S�fifi Partnership & By v Dab Pr@sident Armstrong P roleum Corporation Managing Partner By: Dat cc Leonard Anderson Don Simpson 3300 Newport Boulevard, Newport Beach • CITY OF NEWPORT BEACH December 51h, 1993 P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Mr. Thomas M. Pike, Sr. Thomas M. Pike & Associates 24152 Via Santa Clara Mission Viejo, California 92691 -1918 Dear Mr. Pike: The City met with Leonard Anderson of West Newport Oil Company, the landowner's representative and agreed on the following instructions for appraisal of the two lots adjacent to the City's Utilities Yard on 16th Street. 1. The two lots will be appraised as separate parcels, not as a part of the larger development of the Banning Ranch area. 2. The zoning is to be as set forth per the general use plan,.81 -1. The allowable square footage of commercial and industrial use specified for the area is to be prorated. 3. Similar "finished" parcels are to be used as comparables in your appraisal. 4. The improvement costs to use are shown in the attached cost estimate prepared by DMC Engineering. As previously discussed, these costs will be used as a credit to the City for providing buildable lots. 5. Assume there are no hazardous wastes on the site. 6. Assume that there are no environmental constraints. Please let me know if you have any questions regarding these instructions Very truly yours, Jeff Staneart, P.E. Utilities Director JSsdi Approved: Rancho Santiago Partnership & Mobil exploration & Producing U.S. Inc. as agent for Mobil Oil Corporation By: Date:_ By: Date: December 16 1993 JP. Hollier [c: Leonard Anderson Don Simpson 3300 Newport Boulevard, Newport Beach