HomeMy WebLinkAboutC-3004 - Waterline, Storm Drain Line, Ingress & Egress Easement & License Agreement, GroundwaterTO
FROM
DATE
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 644 -3005
FINANCE DIRECTOR
CITY CLERK
April 29, 1996
SUBJECT: Contract No. 3004
Description of Contract: Waterline, Storm Drain Line,
Ingress and Egress Easement and License Agreement
Effective date of Contract: March 25, 1996
Authorized by Minute Action, approved on: March 25, 1996
Contract with: First American Baptist Church
17415 Magnolia Steet
Fountain Valley, CA 92708
Amount of Contract: (See Agreement)
( U � ///,YV2r-k"
LaVonne M. Harkless, CMC /AAE
City Clerk
lm
Attachment
3300 Newport Boulevard, Newport Beach
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk EXEMPT RECORDING R
City of Newport Beach GOVERNMENT COI
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, California, 92658 -8915
Recorded in the County of Orange, California
Gary L. Granville, Clerk /Recorder
Iillhllllllllllllllllllllllllllllllllliillllll111111111111111111 No Fee
19960202675 09;16am 04/24/96
005 22006396 22 54
E02 10 7.00 27.00 0.00 0.00 0.00 0.00
space above this line for Recorder's use only. 4 1z
WATERLINE, STORM DRAIN LINE, INGRESS AND EGRES RECEIVED
EASEMENT AND LICENSE AGREEMENT APR 29 19A
Iffy aml(
PREAMBLE "� rttwroktFN�t
THIS EASEMENT AND AGREEMENT is made and entered into this R,- "`•', `4,
'March, 1590, by and of ^:cwport t3o ch, a municpal corporatio r
hereinafter referred to as "CITY ", and Southern California Baptist Convention, a non - profit
corporation, hereinafter referred to as "OWNER ".
1.0 RECITALS
1.1 "OWNER" is the owner of certain real property commonly known as "First
American Baptist Church" located at 17415 Magnolia Street in the City of
Fountain Valley, County of Orange, State of California.
1.2 "CITY" has plans for a groundwater development project to construct water
wells in the Fountain Valley area and transport water to its service area.
1.3 "CITY" desires a waterline, storm drain, ingress and egress easement,
and license agreement across a portion of the "First American Baptist
Church" site more particularly described in Exhibit "A" and depicted in
Exhibit "B ", enclosed herein.
2.0 GRANT OF EASEMENT: For valuable consideration and in consideration of
"CITY'S" agreement herein contained, "OWNER" hereby grants to "CITY" an
easement for the following rights and uses of said property: The right for
ingress and egress, to excavate for, construct, install, replace, maintain and
use a waterline and storm drain line each not to exceed 24- inches in diameter,
and appurtenances in, on, over and across that certain real property in the City
of Fountain Valley, County of Orange, State of California, described in Exhibit
"A" enclosed herein.
3.0 CHARACTER OF EASEMENT: The easement granted herein is not appurtenant
to any real property, but it is in gross. That is to say, it is to be used by the "CITY"
and is not to be attached to or run with any other land.
4.0 ADDITIONAL RIGHTS & OBLIGATIONS:
4.1 "OWNER" further grants to "CITY ":
(a) The rights of ingress and egress for maintenance and
operations of the waterline, storm drain line and appurtenances
by means of existing roads or lanes thereon and no new roads
or lanes shall be constructed or used without prior written
consent of "OWNER ".
(b) The rights of ingress and egress for the construction,
maintenance and operations of a groundwater well facility,
including drilling and re- drilling of wells and construction and
/'
maintenance of a well facility building located on the adjacent
property by means of existing roads or lanes thereon and no
new roads or lanes shall be constructed or used without prior
written consent of "OWNER ".
(c) The right to use such portion of property contiguous to
Easements as may be reasonably necessary in connection with
the installation, repair and /or replacement of such waterline and
storm drain line, except at times that would conflict with
regular Sunday services or scheduled events.
(d) The right to pass through gates and fences on the property.
(e) "OWNER" agrees to allow "CITY" to construct a gate along the
westerly property line at the groundwater well facility for
maintenanca purposes.
(f) "OWNER" agrees not to construct certain improvements including,
but not limited to: drainage lines, walls, footings, planters, softscape
surfaces and other non - habitable structures, (hereinafter "Non -
Standard Improvements ") over the waterline and storm drain line
within the existing hardscape area of the easement without prior
written agreement with "CITY ". Written agreement shall not be
unreasonably withheld. "Non- Standard Improvements" may
constitute an abnormal burden upon the "CITY's" ability to maintain
and operate the "CITY's" waterline and storm drain line within said
easement. As a result, "OWNER" agrees to assume all responsibility
for any encroaching improvements and all encroaching installations,
improvements and landscaping.
(g) "CITY'S right of ingress and egress to the easement shall be limited
to weekdays only and only upon prior notification to "OWNER. In the
event of an emergency which requires the "CITY" to enter the
property during Sunday Services or other scheduled events, "CITY"
shall pay liquidated damages in the sum of $500 for each occurence.
(h) "CITY" agrees to pay for actual damages in the event that Sunday
Services, special events or Valley Day Pre - School special events or
classes are forced to be closed, or otherwise result in diminished use
and enjoyment of the property (e.g., fumes, noise) resulting from the
"CITY's" use of the Easement area. Actual damages include, but
are not limited to, out -of- pocket expenses incurred by "OWNER ", plus
loss of income or revenue. Loss of income or revenue shall be
calculated as the difference between actual income or revenue during
the affected period and the average weekly revenue times the number
of weeks affected. Average weekly revenue shall be computed as the
average of the six (6) weeks immediately preceding the affected
period.
4.2 In consideration of the Easement and License Agreement, "CITY" agrees
as follows:
(a) "CITY" agrees to pay "OWNER" a one time fee as full consideration for
this Easement and License Agreement $43,381, which has been
determined by the parties to be the fair market value for the Easement
area.
Page 2
(b) "CITY" shall not fence Easement without prior written approval
of "OWNER" during installation, repair and /or replacement of
waterline and storm drain line. "CITY" further agrees that
construction will take place only during weekdays and that
during periods of construction, vehicle access must be
continually maintained for Church office and Valley Day
Preschool use. Construction will not take place on weekends
or evenings without prior written approval of the "OWNER."
Construction would not commence prior to approval, by
"OWNER ", of the construction schedule, which must be
reasonably maintained. All debris during the construction
period must be removed from the property by 5:00 PM every
Friday evening and necessary equipment may be stored on the
property in such a way to maximize access, parking and
aesthetic appearance for weekend sevices and events.
(c) "CITY" maintenance of the waterline and operation of the well
site, including drilling and re- drilling of wells, shall not interfere
with "OWNER" normal parking and circulation for regular Sunday
services or scheduled special events, except in case of an
emergency.
(d) "CITY" agrees that should the replacement and reconstruction of
the waterline be required, "CITY" shall compensate "OWNER" for
any additional construction easement area. The cost shall be
based upon an appraisal conducted by a M.A.I. firm mutually
acceptable to both "CITY" and "OWNER" with costs associated in
developing the appraisal paid by "CITY ".
(e) "CITY" shall promptly backfill and recompact any trench during
construction within the Easement area and repair any damage
construction may cause on the property, including damages to
parking areas, roads and lanes. In the event, thereafter, that the
backfill of any trench excavation by "CITY" settles, "CITY" shall, at
the request of "OWNER ", promptly refill or replace same, in its
entirety, at "CITY'S" cost and expense.
(f) "CITY" agrees to rdertitnify and hold "OWNER" harmless from
and against any and all loss, damage, claim, claim of lien,
action or cause of action that may be directly caused by or
arise out of the use and enjoyment of any of the rights herein
granted, or by the activities of " CITY's" employees, contractors,
agents or invitees. "CITY" further agrees to defend "OWNER"
against any and all claims which may arise and to provide for
attorney of "CITY'S" choosing and to pay for all legal costs,
fees and expenses which are incurred in defense of such claim.
(g) "CITY" agrees that after installation of the waterline and storm
drain line, "CITY" will remove and repair any and all damaged
areas of the existing parking lot and roadways. In addition, "CITY"
agrees to complete the following improvements: asphaltic concrete
patching and repair in areas of need, slurry seal and re- stripping
the entire existing parking lot, installation of curbs, sidewalks,
planters and new landscaping in the rear parking to the satisfaction
of "OWNER" and as described on Exhibit "C ". Improvements
Page 3
include, but are not limited to, removal of tree stumps at the west
end of the property and new landscaping.
(h) "CITY" shall obtain all permits required to construct the waterline
and storm drain line within the Easement area. "OWNER" as the
land owner will sign all permit applications as required by the local
agencies issuing the permits. "CITY" shall pay any and all
associated taxes, fees, permits and costs, including any property
taxes, appraisal fees or other costs associated with this easement
and agreement at no cost to "OWNER."
(i) "OWNER" has the right at its own cost, to inspect both the surface
and underground structure of the easement, under the supervision
of "CITY", if "OWNER" has good faith belief that damage to building
or property may be occurring due to the easement or faulty
equipment or conditions thereof. In the event there is damage which
needs to be repaired, "CITY" shall be liable for the inspection costs.
5.0 RELOCATION OF EASEMENT: Whenever, in the sole opinion of "OWNER ",
the location of Easement interferes with "OWNER's" use and enjoyment or
operation upon the property, "OWNER" may, upon ninety (90) days written notice
to "CITY ", relocate Easement and reconstruct the waterline and storm drain line.
All costs and expenses attributable to the relocation and reconstruction of the
waterline and storm drain line, including any increases in the "CITY'S" cost of
water, shall be the responsibility of "OWNER ". "CITY" shall administer, all
necessary projects /contracts relative to the relocation. "OWNER" shall be
responsible for all design, consultant and permit fees. "CITY" shall provide
administration at no cost to "OWNER ".
6.0 NON - EXCLUSIVE EASEMENT: The easement granted in this agreement is
non - exclusive. "OWNER" retains the right to make any use of this property,
including a right to grant concurrent easements in the property to third
parties, that does not interfere unreasonably with "CITY'S" free use and
enjoyment of the easement, and which does not violate any other provision
of this Agreement.
7.0 TERM OF EASEMENT: The initial term of this Easement shall be
ninety -nine (99) years, commencing from the date of execution by
"OWNER ". The Easement shall be renewed for additional ninety -nine
(99) year terms unless "OWNER" or any successor notifies "CITY ", in
writing two (2) years prior to the termination date, of its intention not to
renew the Easement.
8.0 TERMINATION: The Easement granted and all "CITY" rights herein shall
terminate and revert to "OWNER" upon " CITY's" abandonment in whole or
in part, of the Easement herein granted or upon relocation of the Easement,
in whole or in part, pursuant to paragraph 5.0 hereof. A continuous period
of non -use for five (5) years shall create a rebuttal presumption of
abandonment. Upon abandonment or termination of the Easement
pursuant to Section 7.0, "CITY" shall, at its own cost and expense, remove
all property placed upon Easement and restore the surface thereof. "CITY"
upon abandonment or termination of the Easement, shall execute and
deliver to "OWNER" any and all documents necessary to establish the
termination thereof as a matter of record.
Page 4
9.0 ENTIRE AGREEMENT: This instrument contains the entire Easement and
Agreement between the parties relating to the rights herein granted and the
obligations herein assumed. Time is of the essence in this Agreement. Any
oral representations or modifications concerning this instrument shall be of
no force or effect unless evidenced by a subsequent modification in writing,
signed by the party to be charged.
10.0 ATTORNEY'S FEES: In the event of any controversy, claim or dispute relating
to this instrument or breach thereof, the prevailing party shall be entitled to
recover from the losing party, reasonable expenses, attorneys' fees and costs.
11.0 NOTICES: Notices concerning the rights and obligations hereunder shall be
given by certified U.S. Mail, prepaid, return receipt requested, or by personal
delivery, as follows:
To "OWNER ": Southern California Baptist Convention
Attention: Property Committee
17415 Magnolia Street
Fountain Valley, California 92334
To "CITY ": City of Newport Beach, Public Works Department
Attention: Utilities Manager
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
or such other address that either party may designate in writing from time to time.
11.0 BINDING EFFECT: This instrument shall bind and inure to the benefit of
the respective heirs, personal representatives, successors and assigns of
the parties hereto, except as otherwise provided in this Agreement.
12.0 EXECUTION IN COUNTERPARTS: It is mutually agreed that this Easement
and Agreement may be executed in counterparts by the various signatories.
Page 5
IN WITNESS WHEREOF, the parties hereto have caused this Easement and
Agreement to be executed on the day, month and year first above written.
APPROVED AS TO FORM:
kz(j't�
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
Address and Telephone:
CITY OF NEWPORT BEACH
a municipal corporation
_V�� __')
John Hedges
Mayor
Southern California Baptist Convention,
a non - profit corporation
By:
Print(Na�rr�ee,�� �7a�ll L. �tilfh�2
Title: �%7N72<xln ,d
City of Newport Beach, Public Works Dept. Southern California Baptist Convention
3300 Newport Boulevard 17415 Magnolia Street
P.O. Box 1768 Fountain Valley, California 92334
Newport Beach, California 92658 -8915 (714) 847 -3573 (714) 847 -5669 fax
(714) 644 -3011 (714) 646 -5204 tax
Page 6
EXHIBIT "A"
EASEMENTS FOR PUBLIC UTILITY PURPOSES, INCLUDING INGRESS_ AND EGRESS
FOR THE INSTALLATION AND MAINTENANCE OF A WATER LINE, STORM DRAIN
LINE AND APPURTENANT FACILITIES IN THE CITY OF FOUNTAIN VALLEY, COUNTY
OF ORANGE, STATE OF CALIFORNIA, OVER, UNDER, AND ACROSS THE FOLLOWING
DESCRIBED PARCEL OF LAND:
THE EASTERLY 650.00 FEET OF THE NORTH HALF OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 5
SOUTH, RANGE 1 I WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP
FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
PARCEL A
EXCEPTING TE�EREFROM THE EASTERLY 50.00 FEET THEREOF.
THE SOUTHERLY 20.00 FEET OF THE ABOVE DESCRIBED PARCEL.
PARCEL B
EXCEPTING THEREFROM THE SOUTHERLY 20.00 FEET THEREOF.
THE WESTERLY 20.00 FEET OF THE SOUTHERLY 245.00 FEET OF THE ABOVE
DESCRIBED PARCEL.
PARCEL C
EXCEPTING THEREFROM THE SOUTHERLY 245.00 FEET THEREOF.
THE WESTERLY 10.00 FEET OF THE ABOVE DESCRIBED PARCEL.
SHEET 1 OF 3 SHEETS
425 -2B
PARCEL D
EXCEPTING THEREFROM THE WESTERLY 10.00 FEET THEREOF.
THE NORTHERLY 10.00 FEET OF THE ABOVE DESCRIBED PARCEL LYING
WESTERLY AND SOUTHWESTERLY OF THAT CERTAIN EASEMENT GRANT DEED
GRANTED TO THE CITY OF FOUNTAIN VALLEY, RECORDED JULY 21, 1964 IN
BOOK 7143, PAGE 280 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY,
PARCEL E
A FILLET, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET,
ADJOINING THE NORTHERLY LINE OF SAID PARCEL A AND ADJOINING THE
EASTERLY LINE OF SAID PARCEL B.
SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF ANY.
MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE
A PART HEREOF.
19909,19o117L3Yi
`so. 6'96
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Exp.6 /30/99
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_ Z. — l S -9� SHEET 2 OF 3 SHEETS
DEREK J. MCGREG L.S. NO. 6496 425 -2B
EXHIBIT "B"
STREET EASEMENT
7143/280 O.R. 1-
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PARCEL D c i
- - -- _ -- - - - - --
10'
PARCEL C
I w
N
PARCEL B
cD
20'
CITY OF FOUNTAIN VALLEY
R =25' PARCEL A
PARCEL E
- - -- 50'
I
SLATER AVENUE
NNO. 6496 S
EXP. 6/30/99
sTgr ��P
FOF CAO1 Q
PREPARED BY:
Derek J. McGregor LS. No! 6496 1
We Engineering
p RYAN Civil • Surveying • Planning
18 Technology Drl.e, Suite IDO
Irdae, CA 9271E
1 (714) 759 -9399 PA1 (714) 755 -9322
ORAWNC FILE LOCATION: C: \ACAD \J0BS \40J \403E%HA.0WC
0 100
SCALE: 1' - 100
EASEMENT WELL SITE NO.2B
BAP71ST CHURCH
CITY OF NEWPORT BEACH
GROUNDWATER DEVELOPMENT PROJECT
Ic
SHEET 3 a
OF 3 SHEETS a
DATE: 4 -25 -95
a
JN 92- 425 -28 c
0
sc
LEGEND
REMOVE AND REPLACE
AC PAVEMENT FULL DEPIII
RESTRIPE PARKING LOT
i-�INSTALL TYPE I SLURRY SEAL
RESIRIPE PARKING LOT
INSTALL CUR13 & SIDEWALK
u 3' x 3' CURB ISLAND AROUND LIGHT POLES
CI -rY OF NEWPORT BEACH
PUBLIC WORKS — UTILITIES
PROPOSED FIRST BAPTIS 1 CI IURCI -I S
SITE IMPROVEMENT iln
FOUNTAIN VALLEY
EXHIBIT "C"
1213/95 1 " =80' q
u
DRF FILE:403 \IMPEX.DWC
BY THE CITY COUNCIL - 300q
CITY OF NEWPORT BEACH
March 25, 1996
• MAR 2 5 CITY COUNCIL AGENDA
ITEM NO. 12
TO: Mayor & Membe
FROM: Public Works Department
SUBJECT: WATERLINE, STORM DRAIN AND INGRESS AND EGRESS
EASEMENT AND LICENSE AGREEMENT BETWEEN THE FIRST
AMERICAN BAPTIST CHURCH AND THE CITY OF NEWPORT
BEACH AS PART OF THE GROUNDWATER DEVELOPMENT
PROJECT
RECOMMENDATIONS:
Approve the Waterline, Storm Drain and Ingress and Egress
Easement and Agreement and authorize the Mayor and the City
Clerk to execute the agreement on behalf of the City.
Approve funding for the agreement of $43,381.00 to the First
American Baptist Church for compensation for the Easement
and Agreement.
BACKGROUND:
• As part of the City of Newport Beach's (City) Groundwater
Development Project, it is necessary to acquire a waterline, storm drain and
ingress and egress easement from the First American Baptist Church located at
17415 Magnolia Street in the City of Fountain Valley and east of the Tamura
School well site. This easement is required for installation of a new storm
drain line for the well site and provides a superior alignment for the 24 -inch
water line that connects the Tamura School well site to the 36 -inch water
transmission main in Slater Avenue at the Talbert Channel.
Staff, over the last 18 months, have been working with Church
officials to complete this agreement. The easement is 20 -feet wide along the
south and west property line for the 24 -inch water line and 10 -feet long along
the north and west property line for the 18 -inch storm drain line. In addition,
it includes an agreement for ingress and egress into the Church property for
maintenance and operations of the pipelines and the Tamura School well site.
The City has completed a land appraisal of the site to determine
compensation to the Church for use of the easement area. It was determined
and agreed upon that the cost of the easement will be $43,381. In addition, the
City agrees to replace a portion of the existing parking lot where construction
would occur, portions of the parking lot pavement that have failed over the
years, repair conduits for the outside lighting system, and replace the
landscaping along the westerly property line.
• The City and the Church Staffs have jointly prepared an easement
and license agreement for Council and First American Baptist Church's
consideration. The Agreement is attached as Exhibit "A ".
0 # Page 2
Waterline, Storm Drain Line and Ingress and Egress
Easement and License Agreement
March 25, 1996
DISCUSSION:
The proposed easement and license agreement will provide the City
with a desirable pipeline, ingress and egress easement for the Tamura School
well site at a "fair market" easement cost.
The Public Works Committee reviewed this easement and license
agreement at its December 8, 1995, meeting. Staff noted at this meeting that it
is estimated that implementation of the Groundwater Development Project will
save the City approximately 60 million dollars during the next fifteen years, in
addition to providing the City with an alternative water supply. This particular
easement will save the City over $200,000 in pipeline costs. If not approved,
an alignment through the school site would be developed for the water line.
However, a storm drain easement would still be required through the church
site.
The proposed easement and license agreement has been approved
by the Church's Staff and Board of Directors on February 28, 1996. The entire
congregation will be voting on the easement and agreement in the next few
weeks and final approval is expected by the end of March, 1996.
STAFF RECOMMENDED ACTION:
Staff recommends approval of the easement and license agreement
between the First Baptist American Church and the City of Newport Beach for
the waterline, storm drain line, ingress and egress easement and license
agreement for the Tamura School well site.
Funds for the easement and license agreement were approved in the
water capital improvement projects budget in the previous four (4) years and
are available in the Water Enterprise Fund under Capital Project No. 7504 -
055000094.
Respectfully submitted,
OW
`PUBLIC WORKS DEPARTMENT
Don Webb, Director
By:
Michael U. . Sinacori, P.E.
Utilities Engineer
NIJS:cia
Attachments: Exhibit 'X': Waterline, Storm Drain Line, Ingress and Egress Easement and License
Agreement between the First Baptist Church and the City of Newport Beach
•
•
40
RECORDING REOESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
• City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, California, 92658 -8915
space above this line for Recorder's use only.
WATERLINE, STORM DRAIN LINE, INGRESS AND EGRESS
EASEMENT AND LICENSE AGREEMENT
PREAMBLE
THIS EASEMENT AND AGREEMENT is made and entered into this day of
March, 1996, by and between the City of Newport Beach, a municipal corporation,
hereinafter referred to as "CITY ", and Southern California Baptist Convention, a non - profit
corporation, hereinafter referred to as "OWNER ".
1.0 RECITALS
1.1 "OWNER" is the owner of certain real property commonly known as "First
American Baptist Church" located at 17415 Magnolia Street in the City of
Fountain Valley, County of Orange, State of California.
1.2 "CITY" has plans for a groundwater development project to construct water
wells in the Fountain Valley area and transport water to its service area.
1.3 "CITY" desires a waterline, storm drain, ingress and egress easement,
and license agreement across a portion of the "First American Baptist
• Church" site more particularly described in Exhibit "A" and depicted in
Exhibit "B ", enclosed herein.
2.0 GRANT OF EASEMENT: For valuable consideration and in consideration of
"CITY'S" agreement herein contained, "OWNER" hereby grants to "CITY" an
easement for the following rights and uses of said property: The right for
ingress and egress, to excavate for, construct, install, replace, maintain and
use a waterline and storm drain line each not to exceed 24- inches in diameter,
and appurtenances in, on, over and across that certain real property in the City
of Fountain Valley, County of Orange, State of California, described in Exhibit
"A" enclosed herein.
3.0 CHARACTER OF EASEMENT: The easement granted herein is not appurtenant
to any real property, but it is in gross. That is to say, it is to be used by the "CITY"
and is not to be attached to or run with any other land.
4.0 ADDITIONAL RIGHTS & OBLIGATIONS:
4.1 "OWNER" further grants to "CITY ":
(a) The rights of ingress and egress for maintenance and
operations of the waterline, storm drain line and appurtenances
by means of existing roads or lanes thereon and no new roads
or lanes shall be constructed or used without prior written
consent of "OWNER ".
• (b) The rights of ingress and egress for the construction,
maintenance and operations of a groundwater well facility,
including drilling and re- drilling of wells and construction and
Exhibit "A"
maintenance of a well facility building located on the adjacent
property by means of existing roads or lanes thereon and no
new roads or lanes shall be constructed or used without prior
written consent of "OWNER ". •
(c) The right to use such portion of property contiguous to
Easements as may be reasonably necessary in connection with
the installation, repair and /or replacement of such waterline and
storm drain line, except at times that would conflict with
regular Sunday services or scheduled events.
(d) The right to pass through gates and fences on the property.
(e) "OWNER" agrees to allow "CITY" to construct a gate along the
westerly property line at the groundwater well facility for
maintenance purposes.
(f) "OWNER" agrees not to construct certain improvements including,
but not limited to: drainage lines, walls, footings, planters, softscape
surfaces and other non - habitable structures, (hereinafter "Non -
Standard Improvements ") over the waterline and storm drain line
within the existing hardscape area of the easement without prior
written agreement with "CITY ". Written agreement shall not be
unreasonably withheld. "Non- Standard Improvements" may
constitute an abnormal burden upon the 'CITY's" ability to maintain
and operate the "CITY's" waterline and storm drain line within said
easement. As a result, "OWNER" agrees to assume all responsibility
for any encroaching improvements and all encroaching installations,
improvements and landscaping. .
(g) "CITY'S right of ingress and egress to the easement shall be limited
to weekdays only and only upon prior notification to "OWNER. In the
event of an emergency which requires the "CITY" to enter the
property during Sunday Services or other scheduled events, "CITY"
shall pay liquidated damages in the sum of $500 for each occurence.
(h) "CITY" agrees to pay for actual damages in the event that Sunday
Services, special events or Valley Day Pre - School special events or
classes are forced to be closed, or otherwise result in diminished use
and enjoyment of the property (e.g., fumes, noise) resulting from the
"CITY's" use of the Easement area. Actual damages include, but
are not limited to, out -of- pocket expenses incurred by "OWNER ", plus
loss of income or revenue. Loss of income or revenue shall be
calculated as the difference between actual income or revenue during
the affected period and the average weekly revenue times the number
of weeks affected. Average weekly revenue shall be computed as the
average of the six (6) weeks immediately preceding the affected
period.
4.2 In consideration of the Easement and License Agreement, "CITY" agrees
as follows:
(a) "CITY" agrees to pay "OWNER" a one time fee as full consideration for
this Easement and License Agreement $43,381, which has been
determined by the parties to be the fair market value for the Easement+
area.
Page 2
(b) "CITY" shall not fence Easement without prior written approval
of "OWNER" during installation, repair and /or replacement of
waterline and storm drain line. "CITY" further agrees that
construction will take place only during weekdays and that
during periods of construction, vehicle access must be
continually maintained for Church office and Valley Day
Preschool use. Construction will not take place on weekends
or evenings without prior written approval of the "OWNER."
Construction would not commence prior to approval, by
"OWNER ", of the construction schedule, which must be
reasonably maintained. All debris during the construction
period must be removed from the property by 5:00 PM every
Friday evening and necessary equipment may be stored on the
property in such a way to maximize access, parking and
aesthetic appearance for weekend services and events.
(c) "CITY" maintenance of the waterline and operation of the well
site, including drilling and re- drilling of wells, shall not interfere
with "OWNER" normal parking and circulation for regular Sunday
services or scheduled special events, except in case of an
emergency.
(d) "CITY" agrees that should the replacement and reconstruction of
the waterline be required, "CITY" shall compensate "OWNER" for
any additional construction easement area. The cost shall be
based upon an appraisal conducted by a M.A.I. firm mutually
acceptable to both "CITY" and "OWNER" with costs associated in
• developing the appraisal paid by "CITY ".
(e) "CITY" shall promptly backfill and recompact any trench during
construction within the Easement area and repair any damage
construction may cause on the property, including damages to
parking areas, roads and lanes. In the event, thereafter, that the
backfill of any trench excavation by "CITY" settles, "CITY" shall, at
the request of "OWNER ", promptly refill or replace same, in its
entirety, at 'CITY's" cost and expense.
(f) "CITY" agrees to indemnify and hold "OWNER" harmless from
and against any and all loss, damage, claim, claim of lien,
action or cause of action that may be directly caused by or
arise out of the use and enjoyment of any of the rights herein
granted, or by the activities of "CITY's" employees, contractors,
agents or invitees. "CITY" further agrees to defend "OWNER"
against any and all claims which may arise and to provide for
attorney of "CITY'S" choosing and to pay for all legal costs,
fees and expenses which are incurred in defense of such claim.
(g) "CITY" agrees that after installation of the waterline and storm
drain line, "CITY" will remove and repair any and all damaged
areas of the existing parking lot and roadways. In addition, "CITY"
agrees to complete the following improvements: asphaltic concrete
patching and repair in areas of need, slurry seal and re- stripping
• the entire existing parking lot, installation of curbs, sidewalks,
planters and new landscaping in the rear parking to the satisfaction
of "OWNER" and as described on Exhibit "C ". Improvements
Page 3
include, but are not limited to, remov of tree stumps at the west
end of the property and new landscaping.
(h) "CITY" shall obtain all permits required to construct the waterline •
and storm drain line within the Easement area. "OWNER" as the
land owner will sign all permit applications as required by the local
agencies issuing the permits. `CITY" shall pay any and all
associated taxes, fees, permits and costs, including any property
taxes, appraisal fees or other costs associated with this easement
and agreement at no cost to "OWNER."
(i) "OWNER" has the right at its own cost, to inspect both the surface
and underground structure of the easement, under the supervision
of "CITY ", if "OWNER" has good faith belief that damage to building
or property may be occurring due to the easement or faulty
equipment or conditions thereof. In the event there is damage which
needs to be repaired, "CITY" shall be liable for the inspection costs.
5.0 RELOCATION OF EASEMENT: Whenever, in the sole opinion of "OWNER ",
the location of Easement interferes with "OWNER's" use and enjoyment or
operation upon the property, "OWNER" may, upon ninety (90) days written notice
to "CITY ", relocate Easement and reconstruct the waterline and storm drain line.
All costs and expenses attributable to the relocation and reconstruction of the
waterline and storm drain line, including any increases in the "CITY'S" cost of
water, shall be the responsibility of "OWNER ". "CITY" shall administer, all
necessary projects /contracts relative to the relocation. "OWNER" shall be
responsible for all design, consultant and permit fees. "CITY" shall provide
administration at no cost to "OWNER ". is
6.0 NON - EXCLUSIVE EASEMENT: The easement granted in this agreement is
non - exclusive. "OWNER" retains the right to make any use of this property,
including a right to grant concurrent easements in the property to third
parties, that does not interfere unreasonably with "CITY'S" free use and
enjoyment of the easement, and which does not violate any other provision
of this Agreement.
7.0 TERM OF EASEMENT: The initial term of this Easement shall be
ninety -nine (99) years, commencing from the date of execution by
"OWNER ". The Easement shall be renewed for additional ninety -nine
(99) year terms unless "OWNER" or any successor notifies "CITY ", in
writing two (2) years prior to the termination date, of its intention not to
renew the Easement.
8.0 TERMINATION: The Easement granted and all "CITY" rights herein shall
terminate and revert to "OWNER" upon "CITY's" abandonment in whole or
in part, of the Easement herein granted or upon relocation of the Easement,
in whole or in part, pursuant to paragraph 5.0 hereof. A continuous period
of non -use for five (5) years shall create a rebuttal presumption of
abandonment. Upon abandonment or termination of the Easement
pursuant to Section 7.0, "CITY" shall, at its own cost and expense, remove
all property placed upon Easement and restore the surface thereof. "CITY'
upon abandonment or termination of the Easement, shall execute and •
deliver to "OWNER" any and all documents necessary to establish the
termination thereof as a matter of record.
Page 4
LJ
Page 5
9.0
ENTIRE AGREEMENT: This instrument contains the entire Easement and
Agreement between the parties relating to the rights herein granted and the
obligations herein assumed. Time is of the essence in this Agreement. Any
oral representations or modifications concerning this instrument shall be of
no force or effect unless evidenced by a subsequent modification in writing,
signed by the party to be charged.
10.0
ATTORNEY'S FEES: In the event of any controversy, claim or dispute relating
to this instrument or breach thereof, the prevailing party shall be entitled to
recover from the losing party, reasonable expenses, attorneys' fees and costs.
11.0
NOTICES: Notices concerning the rights and obligations hereunder shall be
given by certified U.S. Mail, prepaid, return receipt requested, or by personal
delivery, as follows:
To "OWNER ": Southern California Baptist Convention
Attention: Property Committee
17415 Magnolia Street
Fountain Valley, California 92334
To "CITY ": City of Newport Beach, Public Works Department
Attention: Utilities Manager
3300 Newport Boulevard
Post Office Box 1768
Newport Beach, California 92658 -8915
or such other address that either party may designate in writing from time to time.
11.0
BINDING EFFECT: This instrument shall bind and inure to the benefit of
.
the respective heirs, personal representatives, successors and assigns of
the parties hereto, except as otherwise provided in this Agreement.
12.0
EXECUTION IN COUNTERPARTS: It is mutually agreed that this Easement
and Agreement may be executed in counterparts by the various signatories.
LJ
Page 5
•
IN WITNESS WHEREOF, the parties hereto have caused this Easement and
Agreement to be executed on the day, month and year first above written.
APPROVED AS TO FORM:
Robin Clauson
Assistant City Attorney
ATTEST:
LaVonne Harkless
City Clerk
Address and Telephone:
City of Newport Beach, Public Works Dept.
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, California 92658 -8915
(714) 644 -3011 (714) 646 -5204 fax
CITY OF NEWPORT BEACH
a municipal corporation
John Hedges
Mayor
Southern California Baptist Convention,
a non - profit corporation
20
Print Name:
Southern California Baptist Convention
17415 Magnolia Street
Fountain Valley, California 92334
(714) 847 -3573 (714) 847 -5669 fax
Page 6
•
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i
9 0
EXHIBIT "A"
• EASEMENTS FOR PUBLIC UTILITY PURPOSES, INCLUDING INGRESS AND EGRESS
FOR THE INSTALLATION AND :MAINTENANCE OF A WATER LINE. STORM DRAIN
LINE AND APPURTENANT FACILITIES IN THE CITY OF FOUNTAIN VALLEY, COUNTY
OF ORANGE, STATE OF CALIFORNIA, O'ER, UNDER, AND ACROSS THE FOLLOWING
DESCRIBED PARCEL OF LAND:
THE EASTERLY 650.00 FEET OF THE NORTH HALF OF THE SOUTH HALF OF TIIE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TO',VNSH1P 5
SOUTH, RANGE I I WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A :SLAP
FILED IN BOOK 5 1, PAGE 13 OF ,MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY. DESCRIBED AS FOLLOWS:
PARCEL A
EXCEPTING THEREFROM THE EASTERLY 50.00 FEET THEREOF.
THE SOUTHERLY 20.00 FEET OF THE ABOVE DESCRIBED PARCEL.
PARCEL B
EXCEPTING THEREFROM THE SOUTHERLY 20.00 FEET THEREOF.
. THE WESTERLY 20.00 FEET OF THE SOUTHERLY 2 =:5.00 FEET OF THE ABOVE
DESCRIBED PARCEL.
PARCEL C
EXCEPTING THEREFROM THE SOUTHERLY 245.00 FEET THEREOF.
THE WESTERLY 10.00 FEET OF THE ABOVE DESCRIBED PARCEL.
SHEET 1 OF 3 SHEETS
425 -2B
i
0
PARCEL D
0
EXCEPTING THEREFROM THE WESTERLY 10.00 FEET THEREOF. .
THE NORTHERLY 10.00 FEET OF THE ABOVE DESCRIBED PARCEL LYING
WESTERLY AND SOUTHWESTERLY OF THAT CERTAIN EASEMENT GRANT DEED
GRANTED TO THE CITY OF FOUNTAIN VALLEY, RECORDED JULY 21, 1964 IN
BOOK i 143, PAGE 230 OF OFFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
PARCEL E
A FILLET, CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 25.00 FEET,
ADJOINING THE NORTHERLY LINE OF SAID PARCEL A AND ADJOINING THE
EASTERLY LINE OF SAID PARCEL B.
SUBJECT TO COVENANTS, CONDITIONS, AND EASEMENTS OF RECORD, IF .ANY.
MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO .A:1D MADE
A PART HEREOF.
_ J
PREPARED BY: E.v s/sa /99
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Z — L.9 SHEET 2 OF 3 SHEETS
DEREK J. MCGREG L.S. NO. 6496 425 -2B
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STREET EASEMENT
7163/280 O.R.
PARCEL D —
PARCEL C
PARCEL 8
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+ No. 6496
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PREPARED BY:
EXHIBIT " B"
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CITY OF FOUNTAIN VALLEY
=2s' PARCEL A lo-'
PARCEL E
Derek J. McGregor LS. Nod 6496 1
Dbf Engineering
Y Civil • Surveying • Planning
la TechnoloCT Drive. 3ulte 100
Irvins, CA 92716
1 (714) 759 -9593 3-.0 (714) 713-9322
ORAWNG FlLE 1OCA11ON: C.\ACA0\J08S \40J \10JE%HA.0W0
�. SLATEF
a 100
SCALE: i' — 100
EASEMENT WELL SITE NO.2B
BAPTIST CHURCH
CITY OF NEWPORT BEACH
GROUNDWATER DEVELOPMENT PROJECT
oil
E
SHEET 3 <
OF 1 SHEETS a
OMIL 4 -25 -95
a
N 92- 425 -28
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MAGNOLIA STREET
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SCAN: 1' - 00' ..I
i
FI 2S7 GAP I i 7 CHURCH
I
LEGWQ
REMOVE AND REPI.ACE
AC PAVEMENT LULL UEPUI
RESIRIPC PARKING 1.01
�j 1NSTA1.t M'E I SLURRY SDI.
u RESIRIPE PPRKINC LOT
® INSTALL CURD k SIDEWALK
3' x 3' CURB / ISLAND AROUND
LICIII PULES
CI FY OF NEWPORT 01 -AC1 -I
PUBLIC WORKS - UIILIIIES _
EXHIBIT C
PROPOSED FIRST 8APT61 CHURCH
SITE INIPROVEMEN IS
URIC —
SCALE
12/13/95
1' =80'
FOUNTAIN VALLEY
ouAII DR1.
FILE :403 \IMPCX.BWG