HomeMy WebLinkAboutC-8175-1 - Right-of-Entry and Temporary Comstruction Easement Agreement for Bayview Heights Drainage ProjectN
T
O
03 RIGHT -OF -ENTRY AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
WITH
CJ THE JOHNS LIVING TRUST FOR
BAYVIEW HEIGHTS DRAINAGE PROJECT
This Right of Entry anA Temporary Construction Easement Agreement
("Agreement") is made this_47-ay of July, 2017 ("Effective Date"), by and between
the City of Newport Beach, a California municipal corporation and charter city, its
officers, employees, agents, invitees, contractors and subcontractors (collectively
referred to as "Grantee") and William Buck Johns and Elizabeth Colleen Johns, as Co -
Trustees of the Johns Living Trust established August 13, 2007 ("Grantor'), as the
owners of real property located at 2600 Mesa Drive, Newport Beach, California 92660,
Assessor's Parcel Number 439-051-05 ("Property").
RECITALS
A. Grantee is a California municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the statutes of the State of California and the
Charter of City.
B. Pursuant to that certain Cooperative Agreement for Mesa Drive Drainage
Improvements Project dated April 21, 2015, Grantee desires to secure a right of
entry and temporary construction easement from Grantor for the purposes of
construction of the proposed Bayview Heights Drainage Project ("Project") by
Grantee in that portion of Property adjacent to the Project property owned by
Grantor, as shown on Exhibit "A" attached hereto and incorporated herein by
reference ("Temporary Easement Area") as further described herein.
C. Grantee also desires to secure permission from Grantor to allow Grantee to enter
upon, to pass and repass over, under, across, and along the Temporary
Easement Area for the purpose of providing access and working area for the
construction of the Project; to perform grading and related activities in, on, over,
and across the Temporary Easement Area for the purpose of re-establishing
natural grades and forestalling future erosion; to store, place and deposit
materials, tools, implements, vehicles, construction equipment and other
construction related items in the Temporary Easement Area for purposes related
to the Project; and to perform landscaping and related activities including, but not
limited to, the installation and removal of landscaping, in, on, over, and across
the Temporary Easement Area for the purpose of re-establishing natural grades
and forestalling future erosion, under the terms and conditions set forth in this
Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. Recitals
The Recitals set forth above are true and correct and are hereby incorporated
into this Agreement.
2. Property
Grantor is the fee owner of that property commonly known as 2600 Mesa Drive,
Newport Beach California, described as:
THAT PORTION OF LOT 152 IN BLOCK 51 OF IRVINE'S
SUBDIVISION, AS SHOWN ON A MAP RECORDED IN
BOOK 1, PAGE 88 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
PARCEL NO. 1 AS SHOWN ON A MAP FILED IN BOOK
21, PAGE 8 OF PARCEL MAPS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY.
EXCEPTING THREEFORM THAT PORTION THEREOF
DESCRIBED IN DEED TO THE IRVINE COMPANY,
RECORDED DECEMBER 3, 1970 IN BOOK 9477, PAGE
333 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
3. Riaht of Entry and Temporary Construction Easement
Grantor hereby grants to Grantee, and Grantee accepts, a non-exclusive
temporary right of entry on, over, under, across, and along the Temporary Easement
Area for the purpose of constructing, grading, landscaping, installing, repairing,
replacing, and related activities for the Project and to allow the accommodation and
storage of equipment, materials and workers necessary therefore.
4. Right of Entry and Temporary Construction Easement Conditions
Grantor and Grantee agree to Grantee's right of entry to the Temporary
Easement Area with the following conditions:
a. City shall landscape the Temporary Easement Area in substantial
conformance with City approved landscape plan for the Project. City shall
reinstall fences, gates and other appurtenances removed during construction.
Right of Entry and Temporary Construction Easement - 2600 Mesa Drive Page 2
b. Grantee shall indemnify Grantor against and hold Grantor harmless from any
loss of or damage to any property, or injury or death of any person
whomsoever, proximately caused in whole or in part by negligence of Grantee
or by any act or omission for which Grantee is liable in the exercise of the
rights herein granted.
5. Project
The Temporary Easement Area will be permanently altered as a result of the
Project in that, among other things: existing landscaping will be removed, the
Temporary Easement Area will be graded, and new landscaping installed. The
undersigned expressly acknowledge and agree that they are not entitled to any
compensation as a result of: any grading; any landscaping related activities including,
but not limited to, the installation and/or removal of landscaping; and/or other activities
performed by the Grantee in, on, over, across, and along the Temporary Easement
Area. Upon completion of the Project, Grantor shall convey, and Grantee shall accept,
ownership of all alterations upon the Property as part of the Project. Upon Grantee's
acceptance, Grantee shall be responsible, at Grantee's own expense, for any and all
maintenance, repair and replacement of the alterations installed on the Property.
6. Term and Termination
This Agreement shall commence with the first entry on Grantor's property by
Grantee's contractor who is awarded by the Grantee the contract for the Project, and
shall exist for a period of no more than three (3) months after the Effective Date hereof.
This Agreement shall become null and void and shall terminate upon completion of the
Project.
7. Notices
Notices, requests or demands by either party shall be in writing and shall either
be personally served or be sent by U.S. Mail and addressed to the following persons:
To Grantee: Assistant City Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
To Grantor: William Buck Johns and Elizabeth Colleen Johns
2600 Mesa Drive
Newport Beach, CA 92660
Right of Entry and Temporary Construction Easement - 2600 Mesa Drive Page 3
Notices, requests and demands, if not personally served, shall be deemed
received upon the expiration of forty-eight (48) hours after postmark or deposit in a U.S.
post office or mail.
8. Attorney's Fees
In the event of any dispute or legal action arising under this Agreement, the
prevailing party shall not be entitled to attorney's fees.
9. Severability
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this
Agreement shall continue in full force and effect.
10. Controllinq Law and Venue
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be adjudicated in a
court of competent jurisdiction in the County of Orange, State of California.
11. Integrated Agreement and Modifications
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions herein. This Agreement may not
be amended or modified except by written amendment signed by both parties hereto.
[SIGNATURES ON NEXT PAGE]
Right of Entry and Temporary Construction Easement - 2600 Mesa Drive Page 4
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNa YQ FFICE
Date:
By:
Aaron C. Harp uMoalof4liT
City Attorney
ATTEST:K
Date:
AL
By: c
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: --?I 2A\ )7�
By: < ` i ��L/ N
Dave KO
City Manager
GRANTOR: William Buck Johns and
Elizabeth Colleen Johns, as Co -Trustees
of the Johns Living Trust established
[END OF SIGNATURES]
Attachments: Exhibit A — Temporary Easement Area
Right of Entry and Temporary Construction Easement - 2600 Mesa Drive
EXHIBIT A
TEMPORARY EASEMENT AREA
Right of Entry and Temporary Construction Easement - 2600 Mesa Drive Page 6
I
r
I
I q
I MANLY FAMILY TRUST RESIDETITIAL
4f 6. b
A_ y
ry
\ COWTY OF GRANGE � -. `-.� TY OF ORANGE/
COUNTY OF ORANGE
ST E OF-
T
CALIFORNIA
STA—__
\
STATE OF CALIFORNIA
A �
GRAPH
IC SCALE
LEGEND
STAGING AREA -.
- EXISTING FENCE BAYVIEW HEIGHTS DRAINAGE
Jq-N WILLIAMS
BUCK RESIDENTIAL15
�r -
L_ J
F —I
`
Y
MANLY FAMILY TRUST RESIDENTIAL
L _ J
P MMANENT STORM C IN EASEMENT
4.
zr
I L
� u
(
l
� A ha
/ L�
�/Z5.6•.
I
_
I
r
I
I q
I MANLY FAMILY TRUST RESIDETITIAL
4f 6. b
A_ y
ry
\ COWTY OF GRANGE � -. `-.� TY OF ORANGE/
COUNTY OF ORANGE
ST E OF-
T
CALIFORNIA
STA—__
\
STATE OF CALIFORNIA
A �
GRAPH
IC SCALE
LEGEND
STAGING AREA -.
- EXISTING FENCE BAYVIEW HEIGHTS DRAINAGE
TEMPORARY Cg TRUCTION EASEMENT
PROPERTY LINE RESTORATION PROJECT
�
L_ J
F —I
`
Y
MANLY FAMILY TRUST RESIDENTIAL
L _ J
P MMANENT STORM C IN EASEMENT
4.
I
r
I
I q
I MANLY FAMILY TRUST RESIDETITIAL
4f 6. b
A_ y
ry
\ COWTY OF GRANGE � -. `-.� TY OF ORANGE/
COUNTY OF ORANGE
ST E OF-
T
CALIFORNIA
STA—__
\
STATE OF CALIFORNIA
A �
GRAPH
IC SCALE
LEGEND
STAGING AREA -.
- EXISTING FENCE BAYVIEW HEIGHTS DRAINAGE
TEMPORARY Cg TRUCTION EASEMENT
PROPERTY LINE RESTORATION PROJECT
I N T I N N A T I O N AL
L_ J
F —I
NEWPORT BEACH, CA
mm ISM.mssn ue,µ[pnnwu
L _ J
P MMANENT STORM C IN EASEMENT
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On Tit 17 2017, before me, /h.*nor 61yjor Dozar4 , notary public,
person Ild y appeared Ah1ji4^ S. Totin r who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
within instrument and who acknowledged to me that he/she/they executed the same in their
authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
foregoing paragraph is true and correct.
W
IT SS my hand and official sea
5a,�w , (Seal)
Signature of Notary)
the state of California that the
------------------
THOMAS CHARLES BOZARTH
Commission N 2045766
-: Notary Public - California i
Orange County
M Comm. Ea ires Oct 17, 2017
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange
On 11441 /7 , 2017, before me, /hinwr Clava r WzarA, notary public,
persondlly appeared e.Tohn1 who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
within instrument and who acknowledged to me that he/she/they executed the same in their
authorized capacity(ies), and by his/her/their signature(s) on the instrument the person(s), or
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the state of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
( Ignature of Notary)
THOMAS CHARLES BOZARTH
Commission X 2045766
=: Notary Public - California z
(Seal) i'. Orange County
M Comm. Ea ires Oct 17, 2017
w
Right of Entry and Temporary Construction Easement - 2600 Mesa Drive Page 7