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
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LOT C
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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