HomeMy WebLinkAboutC-3026 - Development of San Diego Creek North, Memorandum of Understanding Regarding Bike Trail Between Jamboree & University Drive & Newport Beach adjacent to Fletcher Jones ParcelAgreement No.
AGREEMENT
(FLYOVER RAMP AND SALT WATER MARSH)
This Agreement is entered into this 12th day of February, 1996 between the San
Joaquin Hills Transportation Corridor Agency (the "Agency') and the City of Newport
Beach (the "City ") with respect to the following facts:
A. Pursuant to authority granted in Government Code Section 66484.3,
Agency is constructing a highway known as the San Joaquin Hills Transportation
Corridor (the "Corridor ") from Interstate 5 in the city of San Juan Capistrano northerly to
the terminus of Route 73 near Jamboree Road in the City.
B. The City desires to facilitate development of an automobile dealership on
property located in the City of Newport Beach commonly known as San Diego Creek
North and depicted on Exhibit A hereto (the "Property ").
C. By means of an Offer of Dedication from The Irvine Company recorded
March 16, 1993 as Instrument No. 93- 0174937 (the "Offer of Dedication "), the Agency
acquired fee title to a strip of the Property (the "Strip "). The Agency has accepted the
Offer of Dedication. In connection with the Corridor, Agency intends to construct over a
the Strip a flyover ramp known as the Jamboree Flyover or JR -5 (the "Flyover').
D. The City desires to accommodate the desire of Fletcher Jones Motorcars
( "Fletcher
Jones ")
to use
the area underneath the Flyover to park cars sold
by its
dealership.
Such
use will
require that the Flyover be constructed as a bridge
rather
than on fill. Design and construction of the Flyover as a bridge will be significantly more
expensive to the Agency than if it were designed and constructed on fill.
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Agreement No.
E. Construction and operation of the Corridor impacts salt water marsh
habitat, and Agency desires to mitigate this impact by creating a new salt water marsh
habitat (the "Salt Water Marsh ") in the area shown as such on Exhibit A.
F. The City has an easement for street and highway purposes for University
Drive North (the "Old Easement') over which a road has not been constructed. The
location of the Old Easement no longer matches the intended alignment of Bayview
Way, and it is in the area Agency desires to use for the Salt Water Marsh.
G. City is acquiring an easement for the intended alignment of Bayview Way
from The Irvine Company ('TIC').
H. Agency and City have previously executed that certain Memorandum of
Understanding dated August 10, 1995, and Agency, City and Fletcher Jones Motorcars
have previously. executed that certain Memorandum of Understanding dated August 10,
1995. Such memoranda of understanding contemplate that the City and Agency will
enter into a formal agreement regarding the matters set forth therein.
NOW THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, Agency and City agree as follows:
1. Vacation of Old Easement. The City shall vacate the street contemplated
Dectm6Cr t
by the Old Easement no later than 1996. Following such vacation, within 60
days of a written request from Agency, the City shall execute a quitclaim or other
documents which may be necessary in order that the Old Easement not affect title to
the area covered by the Salt Water Marsh.
•. .. aril:
(a) City shall design, construct and obtain by December 31, 1999 all
permits or environmental clearances necessary for the construction of Bayview Way
from Jamboree to approximately 600 feet east of Jamboree Road.
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Agreement No.
(b) Subject to Paragraph 3 below, City shall construct a portion of the
easterly extension of Bayview Way which is to provide a connection to MacArthur
Boulevard (identified as the HOV Access Point in the EIR/EIS for the Corridor). The
portion of Bayview Way to be constructed by the City is the section from Jamboree
Road to a point approximately 600 feet east of the edge of Jamboree Road.
3. Grading of Bayview Way. Agency shall require California Corridor
Constructors ( "CCC ") to grade the full width of Bayview Way (also referred to as
University Drive North) from Jamboree Road to approximately 600 feet east of
Jamboree Road, as requested by the City and agreed to by Agency. The City shall
grade or cause to be graded the rest of Bayview Way within the City of Newport Beach.
4. Quitclaim Deed. Within five days after satisfaction of the conditions
precedent set forth in Paragraph 5 hereof, Agency shall execute, acknowledge and
deliver to City a Quitclaim Deed and Easement Agreement in the form of Exhibit B
hereto (the "Quitclaim Deed "). The Quitclaim Deed affects the Strip.
5. Conditions Precedent to Delivery of Quitclaim Deed. Agency's obligation
to execute, acknowledge and deliver the Quitclaim Deed shall be subject to the
following condition precedent:
An amendment to the Offer of Dedication shall have been recorded
permitting Agency to execute and deliver the Quitclaim Deed. In the alternative,
Agency shall have received a release reasonably satisfactory to Agency and executed
and acknowledged by The Irvine Company, releasing the restrictions in the Offer of
Dedication which prohibit executing and delivering the Quitclaim Deed.
6. Design of Flyover. Provided that the conditions precedent set forth in
Paragraph 5 have been satisfied, the Agency shall conform the design and construction
of the Flyover to a bridge structure soffit profile for the area between Bayview Way and
Bristol Street which provides a minimum 18 foot clearance above grade at the
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Agreement No.
centerline of Bayview Way. The soffit profile shall also provide for a minimum 20 foot
clearance above the easterly top of curb elevation on Jamboree Road northerly of
Bayview Way to Bristol Street. The soffit profile will be provided to City and City may
provide comments designed to maximize the views of the automobile dealership from
Jamboree Road. Other than as stated in the previous sentence, the City shall have no
rights to comment on or approve the architecture or aesthetics of the Flyover; provided,
however, that the City shall retain such rights it may have as a member of Agency. The
Agency shall also conform the design and construction of the Flyover such that the
span between the support columns of the Flyover shall not be less than 100 feet, the
support columns shall be round, and the Flyover structure shall be a cast in place box
girder bridge conventionally reinforced or post tensioned.
7. Salt Water Marsh. Contingent upon recording the Quitclaim Deed, the
City shall accept title to the Salt Water Marsh, and the City, its successors or assigns
shall maintain it in perpetuity. City shall be entitled to review and comment on the
design documents for the Salt Water Marsh, and Agency shall use good faith efforts to
incorporate the City's material comments into the final design documents for the Salt
Water Marsh. Agency and City agree that City will only accept title to the Salt Water
Marsh if the City is reasonably satisfied that the design will provide adequate capacity
for tidal flows in and out of the Salt Water Marsh thereby ensuring that long term
maintenance will not be a significant financial burden. Agency shall enforce its contract
with CCC which requires CCC to maintain the Salt Water Marsh for 12 months after
completion of construction of the Salt Water Marsh to Agency's satisfaction. Agency
will cause CCC to make any repairs, modifications, enhancements or additions to the
Salt Water Marsh which may be required by any public agency having jurisdiction over
the Salt Water Marsh (including City or Agency) to ensure the long term environmental
viability of the Salt Water Marsh. City shall not be required to accept title to the Salt
Water Marsh until such repairs, enhancements, modifications and additions are
completed. Upon City accepting title to the Salt Water Marsh, Agency and CCC shall
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Agreement No.
have no further obligations with respect to the maintenance, repair, modification,
enhancements or additions to the Salt Water Marsh. If for any reason whatsoever the
City does not accept title to the Salt Water Marsh, the City shall provide Agency other
consideration reasonably acceptable to Agency.
8. C la trans. The City shall, at no cost to the Agency, provide the rights and
condition of title Caltrans will require for the construction and use of the Flyover.
9. Conveyance of Fee to Fletcher Jones. In the event the Agency decides
not to construct the Flyover, the Agency will consent to the City conveying fee title to
the Strip to Fletcher Jones.
10. Indemnification. City agrees to indemnify Agency, its agents, successors
or assigns from any cost, expenses or loss associated with Agency executing that
certain Deed Restriction recorded January 19, 1996 as Instrument No. 96- 0028355 of
the Official Records of Orange County.
11. Miscellaneous.
(a) Controlling Law. This Agreement shall be governed by and
interpreted in accordance with the laws of the State of California.
(b) Notices. Any notice, demand, request, covenant, approval, or
other communication to be given by one party to the other shall be given by personal
service, telegram, or express mail, Federal Express, DHL, UPS or any other similar
form of airborne /overnight delivery service, or mailing in the United States mail, postage
prepaid, certified and return receipt requested, addressed to the parties at their
respective addresses as follows:
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LX960090074- 2115!96
If to City:
The City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Attn: City Manager
If to Agency:
0
Agreement No.
San Joaquin Hills Transportation Corridor Agency
201 E. Sandpointe Avenue, Suite 200
Santa Ana, California 92707
Attn: Kathy Besnard
With a copy to:
Nossaman, Guthner, Knox & Elliott
Lakeshore Towers, Suite 1800
18101 Von Karman Avenue
Irvine, California 92715 -1007
Attn: Robert D. Thornton, Esq.
Any such notice shall be deemed to have been given upon delivery or
forty -eight (48) hours after deposit in the mail as aforesaid. Either party may change
the address at which it desires to receive notice upon given written notice of such
request to the other parties.
(c) Severabilitv. If any provision of this Agreement, or the application
thereof to any person or circumstances, is found to be invalid, the remainder of the
provisions of this Agreement, or the application of such provision to persons or
circumstances other than those as to which it is found to be invalid, as the case may
be, shall not be affected thereby.
(d) Modification. A modification of any provision herein contained, or
any other amendment to this Agreement, shall be effective only if the modification is in
writing and signed by the parties.
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Agreement No.
(e) Construction. Headings at the beginning of any section, paragraph
and subparagraph are solely for the convenience of the parties and are not a part of
this Agreement. Any reference to a section herein includes all paragraphs and
subparagraphs thereof. This Agreement shall not be construed as if it had been
prepared by either party, but rather as if both parties had prepared the same.
(f) Counterparts and Duplicate Originals. The parties may execute
this Agreement in two or more counterparts, which shall, in the aggregate, be signed by
both parties. Each counterpart shall be deemed an original instrument as against any
party who has signed it. This Agreement may be executed in any number of duplicate
originals, all of which shall be of equal force and effect.
(g) No Third Party Beneficiaries. No person or entity other than the
parties to this Agreement shall be deemed to be a third party beneficiary hereof, and
nothing in this Agreement (either express or implied) is intended to confer upon any
person or entity, other than parties to this Agreement (and their respective successors
and assigns), any rights, remedies, obligations or liabilities under or by reason of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth below.
SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY, a joint powers
agency
By: 60�
William Woo .,
Chief Executive Officer
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Agreement No.
APPROVED AS TO FOR /M: P
By: ty.77ry�,
Agency's Counsel
THE CITY OF NEWPORT BEACH
By:
M
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EXHIBIT "A"
0 40 90 *0 240
/
/ 5 /
s
--- — -- - - - - --
3 --
i
4
CHANNEL
CREEK LEGEND
OjEGO
SAN Q AGENCY PROPERTY lTNE
PROPERTY
02 BAYYIfW WAY EASEMENT
® UN /YERS /TYDR /YfEASEMENT
8 4 SALTWATER MARSH
JR -S FLYOVER RAMP
FLYOVER EASEMENT
TEAf<NRARYCONST EASEMENT
B THE DEALERSHIP PROPERTY
EXHIBIT B
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
Attention:
41
The undersigned declares that this document is recorded at the request of and for the
benefit of the City of Newport Beach and is therefore exempt from the payment of the
recording fee pursuant to Government Code Section 6103 and from the payment of the
documentary transfer tax pursuant to Revenue and Taxation Code Section 11922.
A
Kevin Murphy
City Manager of Newport Beach
(Space above this line for Recorder's use only)
XllkZq��7i� e1 -i. i ��rde1:� iSL if<>i
CST' T3'- _-
This Quitclaim Deed and Easement Agreement (the "Deed ") is made and
entered into as of this 12th day of February, 1996 by and between the SAN JOAQUIN
HILLS TRANSPORTATION CORRIDOR AGENCY, a California joint powers agency
( "Agency "), and THE CITY OF NEWPORT BEACH, a charter city ( "City").
ARTICLE 1
QUITCLAIM OF PROPERTY
Agency hereby remises, releases and forever quitclaims to City all its right, title
and interest in and to the real property located in the County of Orange, State of
California, more particularly described on Exhibit hereto (the "Property"), excepting
and reserving to Agency the easements described in Article 2.
LAX952890031 -2/ 15/98
ARTICLE 2
RESERVATION OF EASEMENTS
The Flyover Easements and the Temporary Construction Easement (both as
defined below) are hereby excepted and reserved from the quitclaim of Agency's
interest in the Property.
2.1 Flyover Easement. An exclusive easement (the "Flyover Easement ") for
the purpose of constructing, inspecting, reconstructing, maintaining, repairing,
augmenting and retrofitting a ramp for a controlled access or public highway and
foundations, columns, pillars and other support facilities and improvements, together
with incidental appurtenances, connections and structures in, on, over, along, through,
across and under the portion of the Property depicted in Exhibit B attached hereto and
incorporated herein by this reference (the "Flyover Easement Area "). The Flyover
Easement Area is appurtenant to the real property in Orange County on which the
highway known as the San Joaquin Hills Transportation Corridor is located (the
"Corridor Property ") and runs with the land. The Corridor Property is depicted on
Exhibit hereto.
The Flyover Easement is subject to the right of the City, or its lessee, to use the
surface of the Flyover Easement Area in accordance with the covenants of
Paragraphs 3.1 and 3.2 to the extent such use does not interfere with the full and free
exercise of the Flyover Easement by the Agency, its successors, contractors and
subcontractors.
The boundary of the Flyover Easement Area shall be 15 feet from the driplines of
the Flyover and is depicted on hEx ibit B hereto. Upon completion of the construction of
the Flyover, as soon as reasonably possible after the written request of the City, the
Agency shall execute and record a quitclaim deed as to those portions of the Flyover
Easement Area outside of the area 15 feet from the driplines of the Flyover. The
Agency shall prepare the legal description for such quitclaim deed. The Agency shall
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execute and record such quitclaim deed within one year after the Flyover is constructed
and opened to the general public, but in no event, less than 20 years from the date of
this Deed.
2.2 Temporary Construction Easement. A temporary easement (the
"Temporary Construction Easement ") for purposes incidental to the construction of the
Flyover, in, on, over, along, through, across and under that portion of the Property
depicted in Exhibit D attached hereto and incorporated herein by this reference (the
"Temporary Construction Easement Area "). The Temporary Construction Easement is
subject to the right of the City to use the surface of the Temporary Construction
Easement Area in a manner which does not interfere with the full exercise of the
Temporary Construction Easement by Agency, its successors, contractors and
subcontractors.
The Temporary Construction Easement shall terminate automatically without
further action by Agency or City the earlier of when the Flyover is constructed and open
for traffic to the public, or 20 years from the date of this Deed.
ARTICLE 3
COVENANTS RUNNING WITH THE LAND
3.1 Use of Flyover Easement Area by Csy.
3.1.1 City or its lessee may use the Flyover Easement Area solely for the
purpose of parking vehicles in conjunction with the automobile dealership, vehicular
and pedestrian ingress and egress from the property depicted on Exhibit E hereto (the
"Dealership Property "), landscaping, paving, installation of curbs, landscape and
signage, and the maintenance of the above all in a manner that does not interfere with
Agency's use of the Flyover Easement.
3.1.2 City or its lessee may not use the Flyover Easement Area in a
manner which would interfere with, impede, hinder or prevent the safe and efficient
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construction, existence, operation, use, maintenance, repair or structural integrity of the
improvements constructed by Agency on the Flyover Easement Area (the "Flyover ").
3.1.3 The City may not use the Flyover Easement Area for the
manufacture or storage of flammable, volatile, explosive or corrosive substances,
provided, however, City or its lessee may park or display vehicles which contain in their
fuel tanks gasoline or other petroleum substances within the Flyover Easement area.
3.1.4 There shall be no objectionable smoke, fumes, vapors, dust or
odors on the Flyover Easement Area, except in connection with construction of the
Flyover or with the written consent of the Agency.
3.1.5 The City has no right to comment on or approve the engineering,
architecture or aesthetics of the Flyover; provided, however, City shall retain all rights it
may have as a member of the Agency.
3.1.6 Agency or its successors, contractors or subcontractors shall have
no obligation to construct any sound wall on, around or under the Flyover.
3.1.7 The portion of the Property depicted on Exhibit F ( "Bayview Way
Area ") may be used only for the purpose of constructing, inspecting, repairing,
reconstructing and maintaining a public street (Bayview Way) and related facilities and
improvements, together with incidental appurtenances and connections.
3.2 Transfer of Property. City shall not sell, contract to sell, assign, lease or in
any other way transfer or convey all or any portion of its interest in the Property to a
third party without the prior written approval of Agency or its successor, which approval
may be withheld in such party's sole discretion, except that approval is herewith granted
by Agency for a ground lease with Fletcher Jones Motorcars providing for the use of the
Flyover Easement Area consistent with the provisions of Section 3.1.1 and subject to
the restrictions set forth in this Deed.
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Upon any conveyance of the Property, whether expressly permitted under this
Paragraph 3.3 or otherwise approved by Agency or its successor, the party acquiring
the Property shall take the Property subject to all of the terms, reservations, restrictions
and powers of termination and the covenants and obligations of the City hereunder, and
all references to the City hereunder shall thereafter be deemed to refer to such
transferee.
3.3 Restoration of Easement Areas. The Agency shall cause its contractor
who constructs the Flyover, as soon as reasonably possible after the written request of
the City, to restore the improvements to the Flyover Easement Area and Temporary
Construction Easement Area which are damaged or removed as a result of the
construction of the Flyover to a condition reasonably approximate to their condition prior
to such construction, except to the extent such improvements were not permitted under
this Agreement or are removed to permit maintenance and operation of the Flyover.
3.4 Covenants Run With the Land. The covenants set forth in Paragraphs 3.1
and 3.2 are hereby declared and agreed to be appurtenant to and run for the benefit of
the Corridor Property. The burden of such covenants shall run with the Property and be
binding upon any person or entity who acquires any right, title or interest in or to any
applicable portion of the Property. It is intended that the dominant tenement shall be
the Corridor Property for the covenants set forth in Paragraphs 3.1 and 3.2 and that the
servient tenement shall be the Property. By executing this Deed, City covenants and
agrees that City and its successors in interest (including lessees) to all or any portion of
the Property shall be bound by the covenants set forth in Paragraphs 3.1 and 3.2.
Every person or entity who now or hereafter owns or acquires any right, title or interest
in or to any portion of the Property is and shall be conclusively deemed to have
consented and agreed to the covenants contained in Paragraphs 3.1 and 3.2 herein,
whether or not any reference to this instrument is contained in the instrument by which
such person acquired an interest in the Property. The burdens of the covenants set
forth in Paragraphs 3.1 and 3.2 do not run with the Flyover Easement, and the holder of
the Flyover Easement shall not be bound by such covenants.
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3.5 Amendment of Covenants. The covenants may be amended by mutual
agreement of Agency and City and any applicable successor with respect to any
covenant. Any such amendment shall be recorded in the Official Records of Orange
County.
3.6 Default and Remedies. Because of the unique nature and scope of the
Agency's use of the Corridor Property, as well as the amount of planning, effort and
time expended by Agency in reliance upon the anticipated uses of the Corridor
Property, monetary damages will not provide an adequate remedy for the damage with
respect to the planning efforts and design and construction resulting from a breach of
the covenants set forth in Paragraph 3.1 and 3.2. Therefore, in the event of any
breach, violation or failure to comply with any such covenant which has not been cured
within 60 days after written notice from the enforcing party to do so, then the enforcing
party shall be entitled to specifically enforce the performance of the covenant and to
any other form of equitable or legal relief.
3.7 Waiver. Neither a waiver by any enforcing party of a covenant set forth
herein of a breach of any of the covenants nor a delay or failure to enforce any of the
covenants shall (i) be construed to be a waiver of any earlier or later breach of the
same or other covenants, or (ii) be implied from any inaction or omission by any
enforcing party to take any action on account of such breach or failure. No express
waiver shall affect a breach or failure other than as specified in said waiver or shall
apply with respect to any enforcing party other than the party or parties executing such
waiver, and their subsequent successors. An enforcing party's consent to or approval
of any act by the City or Agency requiring an enforcing party's consent or approval shall
not be deemed to waive or render unnecessary such party's consent or approval to or
of any subsequent similar acts by the City or Agency.
Agency shall not be liable for any damage, loss or prejudice suffered or claimed
by City or any lessee, licensee or other occupant or user of the Property or the
Dealership Property on account of the enforcement of or failure to enforce the
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LA1952890031 -2/ 15/96
covenants set forth in Paragraphs 3.1 and 3.2. The City shall not be liable for any
damage, loss or prejudice suffered or claimed by Agency or its successor on account of
the enforcement a failure to enforce the covenant set forth in Paragraph 3.3.
3.8 Release of Abutter's Rights. Without limiting any covenants of City in this
Deed, City hereby releases and relinquishes any and all abutter's rights, including
access rights appurtenant to the Flyover and the freeway structure on the Flyover
Easement Area.
ARTICLE 4
INDEMNITIES AND RELEASES
4.1 City shall defend, indemnify, protect and hold harmless Agency and its
directors, officers, employees and agents, and the respective employees thereof, and
its and their respective successors and assigns, from all losses, claims, suits, costs,
liabilities or actions of every name, kind or description (including, without limitation,
reasonable attorneys' fees) (collectively, "Liabilities "), including those incurred or
brought for or on account of injuries to or death of any person, or damage to any
personal property resulting from any negligent act or omission or intentional misconduct
in the course of performance of activities upon the Flyover Easement Area, or breach of
the covenants in this Deed, by the City, its assigns, lessees and their agents,
contractors, subcontractors, or the officers, partners, or employees of any of the
foregoing, or resulting from the negligent activities of any third parties granted access to
the Property by City. Notwithstanding the foregoing, City shall not be obligated
hereunder to protect, defend, indemnify or hold harmless Agency or its officers or
employees for any Liabilities to the extent such Liabilities are caused by or arise out of
any act or failure to act by or on behalf of Agency or its officers or employees.
4.2 Agency shall defend, indemnify, protect and hold harmless City and its
directors, officers, employees and agents and the respective employees thereof, from
all Liabilities incurred or brought for or on account of injuries to or death of any person,
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or damage to any personal property resulting from any negligent act or omission or
intentional misconduct in the course of performance of its activities upon the Flyover
Easement Area, or breach of the covenants in this Deed, by Agency or its agents, or
the officers, partners, or employees of any of the foregoing, or resulting from the
negligent activities of any third parties granted access by Agency. Notwithstanding the
foregoing, Agency shall not be obligated hereunder to protect, defend, indemnify or
hold harmless City or its officers, employees and agents for any Liabilities to the extent
such Liabilities are caused by or arise out of any act or failure to act by or on behalf of,
City or its officers, employees and agents, or for any activities for which the City is
providing a release pursuant to Paragraph 4.3 hereof.
4.3 City releases the Agency and its directors, officers, employees, agents,
contractors and subcontractors and the respective employees thereof from all losses,
costs, damages and liabilities of every name, kind or description as a result of noise,
vibrations, dust, curing water, diesel or steam from pile driving operations, sandblasting,
or damages to the structures or personal property on the Flyover Easement Area or the
Dealership Property, or any other damage or loss in connection with construction, repair
or maintenance of the Flyover, or for loss of visibility during construction, repair or
maintenance of the Flyover. Notwithstanding the foregoing, City and its assigns and
lessees do not release the Agency and its directors, officers, employees, agents,
contractors and subcontractors and the respective employees thereof from liability
arising from their reckless misconduct or gross negligence, and Agency shall use its
good faith efforts to minimize the construction - related inconveniences described in this
Paragraph 4.3.
ARTICLE 5
MISCELLANEOUS
5.1 Notices. Any notice, demand, request, covenant, approval, or other
communication to be given by one party to the other shall be given by personal service,
or Express Mail, Federal Express, UPS, DHL or any other similar form of
in
LM952890031- VI5196
airborne /overnight delivery service, or mailing in the United States mail, postage
prepaid, certified and return receipt requested, addressed to the parties at their
respective addresses as follows:
If to Agency:
San Joaquin Hills Transportation
Corridor Agency
201 E. Sandpointe, Suite 200
Santa Ana, California 92707
Attn: Ms. Kathy Besnard
With a copy to:
If to City:
Nossaman, Guthner, Knox & Elliott
Lakeshore Towers, Suite 1800
18101 Von Karman Avenue
Irvine, California 92715 -1007
Attn: Robert D. Thornton, Esq.
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92658 -8915
Attn: City Manager
With a copy to:
Carelli & Miller
302 East Carson, Suite 830
Las Vegas, Nevada 89101 -5964
Attn: Howard M. Miller, Esq.
Any such notice shall be deemed to have been given upon delivery or 48 hours after
deposit in the mail as aforesaid. Either party may change the address
at which it desires to receive notice upon giving written notice of such request to the
other parties.
5.2 Governing Law. This Deed shall be governed by and interpreted in
accordance with the laws of the State of California.
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5.3 Construction. Headings at the beginning of any article, section, paragraph
and subparagraph are solely for the convenience of the parties and are not a part of
this Deed. Any reference to an article includes all sections thereof and any reference to
a section includes all subsections and paragraphs thereof. This Deed shall not be
construed as if it has been prepared by either party, but rather as if both parties had
prepared the same.
5.5 ModificationANaiver. Any modification of any provision of this Deed shall
be effective only if in writing, signed by Agency and City. Any waiver of any rights
under this Deed shall be effective only if in writing, signed by the waiving party. No
waiver by either party hereto of any breach, default or condition shall be considered to
be a waiver of any other or subsequent breach, default or condition.
5.6 Severabilitv. If any provision of this Deed, or the application thereof to
any person or circumstances, is found to be invalid, the remainder of the provisions of
this Deed, or the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, as the case may be, shall not be affected
thereby.
5.7 Attorneys' Fees. In any proceeding between the parties hereto seeking
enforcement of or attempting to construe any of the terms and provisions of this
Agreement, including, without limitation, any proceeding seeking legal, declaratory or
other relief, the prevailing party in such action shall be awarded, in addition to
damages, injunctive or other relief, its reasonable costs and expenses and reasonable
attorneys' fees.
5.8 Counterparts. The parties may execute this Deed in two or more
counterparts, which shall, in the aggregate, be signed by both parties. Each
counterpart shall be deemed an original instrument. In the event of any disparity
between the counterparts produced, the recorded counterpart shall be controlling.
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LA19 52 69 00 31 -215 5196
AGENCY:
CITY:
LM952890031- 2115/96
0 0
SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR AGENCY,
a California joint powers agency
By:
Its:
APPROVED AS TO FORM:
Legal Counsel to Agency
CITY OF NEWPORT BEACH,
a charter city
2 -11-KiNN
— —'—
APPROVED AS TO FORM:
Legal Counsel to City
-11-
0
CERTIFICATE OF ACCEPTANCE
0
This is to certify that the interest in real property conveyed by the within
Quitclaim Deed and Easement Agreement to the City of Newport Beach is hereby
accepted by the undersigned on behalf of the City Council of the City of Newport
Beach, pursuant to authority conferred by resolution of said City Council adopted on
July 27, 1992, and the City consents to recordation thereof by its duly authorized
officer.
CITY OF NEWPORT BEACH
Its:
LAU52890031- 2/15196
0 0
EXHIBIT A
THAT PORTION OF BLOCK 51 OF THE IRVINE'S SUBDIVISION, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 88, OF MISCELLANEOUS
RECORD MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCEL 10094 GRANTED TO THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY BY A DEED RECORDED SEPTEMBER
3, 1993, AS INSTRUMENT NUMBER 93- 0598813 OFFICIAL RECORDS OF SAID
ORANGE COUNTY LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT IN COURSE NO. 6 IN THE SOUTHEASTERLY LINE OF
SAID PARCEL 10094, DESCRIBED AS "SOUTH 13 °03'02" WEST, 163.41 FEET' IN
SAID DEED, FOR THE PURPOSE OF THIS DESCRIPTION, THE BEARING WILL BE
SOUTH 13 005'41" WEST, SAID POINT BEING SOUTH 13 °05'41" WEST, 15.84 FEET
FROM THE NORTHEASTERLY TERMINUS THEREOF; SAID POINT ALSO BEING
THE NORTHEASTERLY TERMINUS OF A COURSE IN THE NORTHWESTERLY
LINE OF PARCEL NO. 300092 GRANTED TO THE SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR AGENCY BY A DEED RECORDED JULY 1, 1994,
AS INSTRUMENT NO. 94- 0436936 OF SAID OFFICIAL RECORDS, SAID COURSE
DESCRIBED AS "NORTH 13 003'02" EAST, 147.57 FEET" IN SAID DEED; THENCE
DEPARTING FROM SAID COURSE NO. 6, NORTH 68 °28'13" WEST 121.20 FEET,
THENCE NORTH 14 °22'47" WEST 28.85 FEET; THENCE NORTH 73 °59'06" WEST
15.00 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 10094.
ALL AS MORE PARTICULARLY SHOWN ON SHEET 2 OF 2, EXHIBIT A,
ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF.
UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS
DESCRIPTION ARE GRID BASED ON CALIFORNIA COORDINATE SYSTEM (NAD
83), ZONE 6, 1988 ORANGE COUNTY ADJUSTMENT.
D DISTANCES, DIVIDE THE GRID DISTANCE SHOWN HEREIN
J. P. KAPP, P.E. R4fj #22015 11, ��
EXPIRES: SEPTEM R 30, 1997 t Exp.g7
J:0606ro53W11SC10.LCS \�'�`���V�t ��P�� SHEET 1 OF 2
. Vii'
SCALE: 1" = 150'
0 0
EXHIBIT A SHEET 2 OF 2
TO ACCOMPANY LEGAL DESCRIPTION OF A PORTION OF BLOCK 51 OF
OF IRVINE'S SUBDIVISION IN THE CITY OF NEWPORT BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA
/ by
V.
Q -4:z/
B6 x
88.
1$C,
� M
� O
N1422'4) "W
' 28.85'
462 � 165
ASL Consulting Engineers
ONE JE14NER STREET
S'ly CORNER OF THE NVIy 1/2
OF THE SE'ly 1/2 OF BLOCK 50
OF IRVINE'S SUBDIVISION
C I
6jj fT
6
9
2.894
GRID ACRES 1!P0
/ J
J
f//
PARfRS�y�RlVrf W
9q,0gj`�Z9z DRIVE TH)
EXHIBIT "B"
,
0 +0 m ao aW b���
YOV/ER
/ EASEMENT
5r / FLYOVER RAMP
Al
'vF
OLD UN/VfRS /TY
DR06O 463,QR )
SALT WATER MARSH
f 0. R. 94-043693&
PARCEL 300092} _
DIEGO
SAN
CHANNEL
CREEK
EXHIBIT "C"
�o
O 40 ao Ko No
ot
/
O / j
(Af
SAN
It i
/ CORRIDOR
/ PROPERTY
/ f SJHTCA - SR. 73 )
T.G.A. QUITCLAIM TO
CITY OF NEWPORT BEACH
f /OB6O- 463 q p )
'SALT WATER MARSH
(0R• 94-043693(o
PARCEL 500092)
DIEGO
CHANNEL
CREEK
EXHIBIT "D"
0 40 ro Ko aw
a / /
eo TEMPORARY EASEMENT
CONSTRUCT /ON
EASEMEN/�
�(OR.
9(o - 009386/) ✓
l ti�'I'/L qr/.�.
�P7y��7,si�,�Ly\
OL D UN/�ERS /TY
OR /LEEASEMENT
/ /0,960 - 463 0R.
SALT WATER MARSH
f 0 A' 94 - 0 436 936
PARCEL 300092 )
CREEK
DIEGO
SAN
CHANNEL
0 40 ED Ko as
Q�eO b
�0
i/
,SAN
EXHIBIT "E"
'TCA QUITCLAIM TO
CITY OFNfJVPORT BEACH
DEALERSHIP
PROPERTY-
(0.,9 96- 0093861)
tit
"P
IOL D UN/VERilT�
DR /YE EASEMENT
(�0B6O -4630. R. )
SALT WATER MARSH
( D. R. 94 - 0436 936
PARCEL 300092) _
OJEGO
CHANNEL
CREEK
EXHIBIT "F"
o +o ao rco as
�! CITY OF NEWPORT BEACH
It DEAL ERS/J /P PROPERTY
(O.R. 96-0093660
aAYViEW
WA Y
OLD U 1.1 ''4 S /TY
DRIVE EASEMENT
( /OB60- 4[,3 OR.)
SALT WATER MARSH
(O.R. 94-0426936
PARCEL 300092)
CHANNEL
CREEK
DIEGO
SAN