HomeMy WebLinkAbout17 - Offer of Dedication - Freeway Reservation & Bonita Canyon Parcel (Tract 15317)December 11, 2001
CITY COUNCIL AGENDA
ITEM NO. 17
TO: Mayor And Members Of The City Council
FROM: Public Works Department
SUBJECT: ACCEPT THE OFFER OF DEDICATION FOR PARCELS A, C, AND D ON
PARCEL MAP NO. 98 -204 (FREEWAY RESERVATION) AND LOTS 5, PP, QQ,
RR, AND SS OF TRACT NO. 15377 (BONITA CANYON PARCEL)
DEVELOPER: THE IRVINE COMPANY
RECOMMENDATIONS:
Accept the offer of dedication of Parcels A, C, and D on Parcel Map No. 98 -204 (Freeway
Reservation) and Lots 5, PP, QQ, RR, and SS of Tract No. 15377 (Bonita Canyon Parcel).
2. Authorize the City Manager and City Clerk to accept the offer of dedication; and direct the City
Clerk to have the document recorded in the Office of the Orange County Recorder.
DISCUSSION:
Provisions of the Circulation Improvement and Open Space Agreement (CIOSA) between the City
and the Irvine Company required that Parcels A, C, and D on Parcel Map No. 98 -204 (Freeway
Reservation) as depicted on Exhibit "A" be dedicated to the City. Provisions of the Annexation
and the Bonita Canyon Development Agreement between the City and the Irvine Company
required that Lots 5, PP, QQ, RR, and SS of Tract No. 15377 (Bonita Canyon Parcel) as depicted
on Exhibit "B" also be dedicated to the City.
An Offer of Dedication has been prepared for acceptance for Parcels A, C, and D on Parcel Map
No. 98 -204 (Freeway Reservation) and Lots 5, PP, QQ, RR, and SS of Tract No. 15377 (Bonita
Canyon Parcel) and must now be accepted by the City so that the open space and park parcels
can be used by the general public.
A copy of the Offer o cation is attached for reference.
en dum
Public orks Director
i
By:
Richard L. Hoffstadt, P.E.
Development Engineer
Attachments: Exhibit "A"
Exhibit "B"
Offer of Dedication
PLOT OF PARCEL "A"
OF THE PROPERTY
PARCEL MAP N0. 98 -204
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA
a
PARCEL "0" s
/ / n
iii 142e��c,d,,:,
\__ A CO =DRIVE
N RR
Pct
PARCEL "B"
9
25 ry
2b Ip n
I
2) O\
ry0
28
29 �Qy3�
42
43
a<
lb
1)
la
`¢ 19 20 n N
NI
bN
w
U 51N
CL 52 �2
I a)
83
j \ -g
� �v
N
b.
61 �\
n
a6 Q�
e FS
2
r as
P
aaa
3
9ry ��t
EXHIBIT "A"
to Offcr of Dedication
� S QpQ
U-
J
H.t$
Offer a Dcdkazloo�City of Vewgon [kseh
r
R: n,"do cxn'.... N "d
PLOT OF PARCEL "B"
OF THE PROPERTY
o o OIL
\ v r
l n OISF
/ $ .0B jw, y Dl 1pj .
.Po y8 Py�y,
air s.os/
/ /
6 It
llJ O / Fy 1.A.
.0S
,^ 1 PS BOA .. 1 D•, u+ I
� ln.w,p,
v
U
K rup
-ei
rF'y-1 I 1 6 •O r� R� Q 1
J6I, i*�/11R
I (PYI
U N
C`
EXHIBIT "B"
to Of12r of Dedication
VIAr of D"I'll..... C.I. , : N,p"
Md W .e f'e, : I'arcd
RECORDING
REQUESTED BY:
WHEN RE
MAIL TO:
Public Works Department
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92658 -8915
SPACE ABOVE TIES LINT; FOR RECORDER'S USE
OFFER OF DEDICATION
PARCELS A, C AND D PARCEL MAP NO. 9S -204
(FREEWAY RESERVATION PARCEL)
LOTS 5, PP, QQ, RR AND SS OF TRACT NO. 15317
(BONITA CANYON PARCEL)
THIS OFFER OF DEDICATION ( "Offer ") is made as of this day of
2001, by and between, Irvine Community Development Company, a Delaware corporation (hereinafter
referred to as ( "OFFEROR ") in favor of the City of Newport Beach, a California municipal corporation
and chartered city (hereinafter referred to as "CITY "), with reference to the following facts:
RECITALS
A. Pursuant to the provisions of that certain Circulation Improvement and Open Space
Agreement (the "CIOSA ") entered into effective June 30, 1993, and recorded as Document No. 93-
0479122, in the Official Records of Orange County, California, as amended by an instrument recorded as
Document No. 96- 0151033, in such Official Records, that property in the City of Newport Beach and
described as Parcels A, C and D of Parcel Map No. 98 -204, as shown on a Map recorded on March 15,
1999, in Book 306, Pages 1 to 4, inclusive, of Parcel Maps, Official Records of Orange County,
California, and depicted on Exhibit "A" attached hereto ('Parcel A ") is required to be dedicated by
OFFEROR or its parent corporation, The Irvine Company, a Delaware corporation ( "TIC "), to the CITY
in connection with the development of Parcel B of Parcel Map No. 98 -204.
B. Pursuarato the provisions of that certain Annexation and Development Agreement between
the CITY, TIC and OFFEROR dated December 10, 1997, and Resolution No. 97 -177 of the Newport
Beach City Council amending the Recreational and Open Space Element of the Newport Beach General
Plan (collectively, the "Bonita Canyon Development Plan "), that property described as Lot 5 and Lettered
Lots PP, QQ, RR and SS of Tract No. 15317, as shown on a map recorded in Book 752, Pages 1 to 11,
It 1.342dedica6on. V5 Offer of DedieatioalCiry of Ne.T n Beach
JEP \N1av I. 2001 1 Freeway Reservation Parcel \Bonita Canyon Parcel
inclusive, Miscellaneous Maps in the Office of the Recorder of Orange County, and depicted on Exhibit
"B" attached hereto ('Parcel B ") shall be dedicated to the CITY.
C. Parcel A and Parcel B are sometimes referred to collectively as the "Property."
D. Pursuant to the CIOSA and the Bonita Canyon Development Plan, OFFEROR now desires
to make and record this Offer in favor of the CITY.
OFFER TO DEDICATE
NOW, THEREFORE, FORA VALUABLE CONSIDERATION, receipt and sufficiency of which
is hereby acknowledged, OFFEROR hereby irrevocably offers to dedicate the Property to CITY in fee,
to be accepted in the manner and at the times provided herein, subject to the following terms and
conditions:
1. TERM OF OFFER AND ACCEPTANCE.
Except as otherwise provided herein, this Offer shall have an initial term of ninety (90)
days from the date of its recordation in the Official Records of Orange County, California. CITY will
accept this Offer within its initial term. In the event that the CITY is prevented from accepting this Offer
within the initial term for any reason beyond its reasonable control, then this Offer shall be extended until
such time as the CITY may legally accept it, but in no event longer than one (1) year.
2. CONDITION OF TITLE. The Property shall be transferred to and accepted by CITY
subject to the following:
(a) General and special real property taxes and supplemental assessments, if any, for
the current fiscal year; provided, however, that OFFEROR shall pay for (i) any such taxes and assessments
applicable to the Property prior to the first to occur of (A) the date of recordation of this Offer, or (B) the
date that CITY has occupied such property for any purpose, and (ii) any assessments, special taxes or other
payments arising from bonds, contracts, or liens created by, through or as a result of the efforts or
activities of OFFEROR;
(b) All non - monetary encumbrances, covenants, conditions, restrictions, reservations,
rights, rights -of -way, easements and other matters or record or apparent;
(c) The requirement that CITY accepts the property (i) without any warranty
concerning suitability for CITY's intended use of the property, and (ii) without any warranty concerning
the absence of hazardous or toxic materials, and CITY acknowledges that OFFEROR has not made any
representations or warranties concerning the condition of the Property except as specifically in this Offer;
(d) Usual and customary exceptions to title insurance consistent with ALTA policies
with regional exceptions (Standard Coverage) issued by First American Title Insurance Company in Orange
County, California;
(e) A reservation of any and all water rights or interests therein appurtenant or relating
to the Property owned or used by OFFEROR in connection with or with respect to the Property (no matter
how acquired by OFFEROR), whether such water rights shall be riparian, overlying, appropriative,
111.342\dediaation. V5 Offer of Dedication \City of Newport Beach
JEPIMay I, 2001 2 Freeway Reservation Parcel \Bonita Canyon Parcel
littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power
to explore, drill, re -drill and remove the same from or in the Property, to store the same beneath the
surface of the Property and to divert or otherwise utilize such water, rights or interests on any other
property owned or leased by OFFEROR; but without, however, any right to enter upon or use the surface
of the Property in the exercise of such rights;
(f) A reservation of any and all oil, oil rights, minerals, mineral rights, natural gas
rights and other hydrocarbons by whatsoever name known, geothermal steam and all products derived from
any of the foregoing, that may be within or under the Property, together with the perpetual right of drilling,
mining, exploring and operating therefor and storing in and removing the same from the Property or any
other land, including the right to whipstock or directionally drill or mine from lands other than the
Property, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Property and to
bottom such whipstocked or directionally drilled wells, tunnels and shafts under and beneath or beyond the
exterior limits hereof, and to re- drill, re- tunnel, equip, maintain, repair, deepen and operate any such wells
or mines; but without, however, the right to drill, mine store, explore or operate through the surface or
the upper 500 feet of the subsurface of the Property;
(g) A reservation of permanent nonexclusive easements in gross on, over, under and
across that portion of the Property within fifteen (15) feet of any public or private roadway abutting the
Property for the construction, installation and maintenance of transmission lines and other facilities for
cable television, communication, electric, gas, telephone, water, and sanitary sewer lines, and any other
utilities, and thereafter the right to own and convey such lines and facilities, and the right to enter upon
the Land to service, maintain, repair, reconstruct and replace said lines and facilities; provided, however,
that (i) the exercise of such rights shall not unreasonably interfere with CITY's reasonable use and
enjoyment of the Property, (ii) nothing herein shall create an interest which, as to any public right -of -way,
is prior or senior to the interest of the CITY under any easement or fee dedication of such public right -of
way, and (iii) any party that enters the Property in the exercise of the easements reserved in this Section
2(g) shall (A) use reasonable efforts to minimize damage to any landscaping or improvements affected by
such entry, and (B) promptly repair and restore at its cost any damage caused by such entry, as nearly as
practicable, the condition which existed prior to such entry.
(h) A reservation of permanent nonexclusive easements in gross on, over, under and
across that portion of the Property encumbered by that certain Industrial Waste Pipeline Easement
Agreement recorded January 19, 1989 as Instrument No. 89- 033573, as amended by Amendment No. 1
to Industrial Waste Pipeline Easement Agreement and Quitclaim Deed recorded March 17, 1999, as
Instrument No. 19990191785 (the "Easement Agreement "), for the construction, installation and
maintenance of pipelines for transmission of waste water (including leachate) from the Coyote Canyon
Sanitary Landfill, and thereafter the right to own and convey such pipelines or to grant to others easements,
licenses or other rights to use such pipelines, and the right to enter upon the Property to service, maintain,
repair, reconstruct and replace said pipelines and facilities; provided, however, that (i) the exercise of such
rights shall not unreasonably interfere with CITY's reasonable use and enjoyment of the Property, and (ii)
nothing herein shall create an interest which, as to any public right -of -way, is prior or senior to the interest
of the CITY under any easement or fee dedication of such public right -of -way, and (iii) any party that
enters the Property in the exercise of the easements reserved in this Section 2(h) shall (A) use reasonable
efforts to minimize damage to any landscaping or improvements affected by such entry, and (B) promptly
repair and restore at its cost any damage caused by such entry, as nearly as practicable, to the condition
which existed prior to such entry. In addition, OFFEROR reserves (aa) all rights under the Easement
Agreement that would have inured to OFFEROR or TIC as successor owner of a portion of the property
subject to the Easement Agreement, including but not limited to the rights under Section 4 of the Easement
111942\dedicanon.V5 Oifcr of Dedication \Ciry of Newport Beach
JEP\ ?fay 1, 2001 3 Freway Reservation ParceltBonita Canyon Parcel
Agreement, and (bb) the right to amend the Easement Agreement to allow assignment of the easement
rights to the County of Orange, extend the use to tl2e permitted use described in the immediately preceding
sentence and extend the term of the easement.
(i) A reservation of permanent exclusive easements in gross on, over and under that
portion of Parcel A of the Property described as Parcel D of Parcel Map No. 98 -204, for the construction,
installation, repair, replacement and maintenance of landscaping, monuments, signs, lighting, irrigation
and related improvements.
(j) The following covenants (the "Covenants "):
(i) that the Property will be used solely for open space and park purposes;
(ii) that the OFFEROR will have the right to review and comment on future
park plans and improvement plans for the Property;
(iii) that the CITY will not require the OFFEROR to provide, directly or
indirectly, for parking related to public use of the Property;
(iv) that the CITY will maintain the Property in a safe condition; and
(v) that the CITY will not abandon the Property nor transfer it or any portion
of it to a third party without OFFEROR's prior written consent, which consent will not be withheld if the
transfer is to another public entity for open space or park purposes.
3. MATTERS RELATED TO COVENANTS.
(a) Amendment. The Covenants maybe amended by mutual agreement of OFFEROR
and CITY. Any amendment must be recorded in the recorder's Office, County of Orange, California.
(b) Term. The Covenants shall run with and bind the Property and shall inure to the
benefit of and be enforceable by OFFEROR, its successors and assigns, in perpetuity, unless OFFEROR
records a declaration terminating the Covenants.
(c) Default and Remedies. In the event of any breach, violation or failure to comply
with any of the Covenants which has not been cured within thirty (30) days after written notice from
OFFEROR to do so (or if any such breach, violation or failure cannot be fully cured within such thirty (30)
day period, then upon failure of CITY to commence such cure to OFFEROR's reasonable satisfaction),
then OFFEROR in its sole and absolute discretion may enforce any other rights or remedies to which
OFFEROR may be entitled by law or equity, other than the remedy of damages. It is recognized that a
violation by CITY of one or more of the Covenants may cause OFFEROR to suffer material injury or
damage not compensable in money and that OFFEROR shall be entitled to bring an action in equity or
otherwise for specific performance to enforce compliance with the Covenants or an injunction to enjoin
the continuance of any such breach or violation thereof.
(d) Waiver. No waiver by OFFEROR of a breach of any of the Covenants and no
delay or failure to enforce any of the Covenants shall be construed or held to be a waiver of any succeeding
or preceding breach of the same or any other restrictions or conditions. No waiver of any breach or failure
of any of the Covenants shall be implied from any omission by OFFEROR to take any action on account
111342 \dedicazion.V5 Offer of DldiC.E10n \C31y of Newport Beach
JEP \D1ay 1. 2001 4 Frecw3y Rese,xion Parcel \Bonita Canyon Parcel
of such breach of failure if such breach or failure persists or is repeated, and no express waiver shall affect
a breach or failure other than as specified in said waiver. The consent or approval by OFFEROR to or of
any act by CITY requiring OFFEROR's consent or approval shall not be deemed to waive or render
unnecessary OFFEROR's consent or approval to or of any subsequent similar acts by CITY.
(e) Cost of Enforcement. In the event any declaratory or other legal or equitable
action or proceeding shall be instituted between OFFEROR and CITY to enforce any provisions of these
Covenants, the party prevailing in such action shall be entitled to recover from the losing party or parties
its costs and expenses, including court costs and reasonable attorneys' fees.
4. PROCEDURES FOR CONVEYANCE OF TITLE.
(a) Conditions of Acceptance. This Offer is made without conditions toitsacceptance.
(b) Acceptance Procedure. The Offer shall be accepted by CITY by resolution or
other official action appropriate to the powers of and laws governing CITY, a notice of which action shall
be recorded in the Official Records of Orange County, California. The recordation of such notice shall
be deemed the date upon which fee title to the Property is transferred to CITY. In the event a separate
deed is required, OFFEROR shall promptly prepare such a deed consistent with the terms and conditions
of this Offer and cause it to be executed and delivered to the CITY for recordation.
(c) Notice Upon Acceptance. Promptly after acceptance of this Offer by CITY, it shall
mail or deliver a copy of its resolution or other action of acceptance to the OFFEROR.
5. MISCELLANEOUS.
(a) Effect of Acceptance. Approval as well as acceptance by CITY of this Offer shall
constitute CITY's agreement to be bound by all of the terms, conditions, restrictions, exclusions and
reservations included in this Offer.
(b) Captions. The captions used herein are for convenience only and are not a part
of this instrument and do not in any way limit or amplify the scope of interest of the terms and provisions
hereof.
(c) Application to OFFEROR. Notwithstanding anything herein contained to the
contrary, if OFFEROR (or any "Successor" as defined in Section 5(d) below) reacquires title to the
Property or any portion thereof, the Covenants shalt automatically cease and terminate as to such
reacquired property and be of no further force or effect as to OFFEROR or such Successor.
(d) Successor. The term "OFFEROR" as used in this Offer shall also mean and
include any "Successor" of OFFEROR, which term is used in this Offer to mean and refer to: (i) any
person or entity which acquires ten percent (10 %) or more of the assets of OFFEROR; (ii) any division,
subsidiary, group, operating company or wholly -owned entity of OFFEROR; (iii) any Real Estate
Investment Trust or other entity formed by or through the efforts of OFFEROR; (iv) any entity resulting
from a merger with or an acquisition by or of OFFEROR; and (v) any person or entity owning the majority
of stock or other ownership interest in either OFFEROR or any entity described in (i) through (iv) of this
subsection (d).
111.742\dedication_ V5
JEP\Alay 1. 2001 5
Otter of D Mication\Cay of Neon Beach
Freeway Reservation Parcel\Bonita Canyon Parcel
(e) Compliance with Law and Satisfaction of Obligations. This Offer is made
expressly upon the understanding that this Offer is in compliance with and fully satisfied all lawful
enactments and conditions of the CITY requiring an offer of dedication for the Property under or
contemplated by the CIOSA, the Bonita Canyon Development Plan or otherwise in relation to the sale or
development by OFFEROR or TIC of any other property. If it is determined by CITY or any court of law
or equity at any time following execution of this Offer that it fails to meet that understanding, then
OFFEROR shall have the absolute right to declare this Offer void, and this Offer shall thereafter have no
further force and effect. In that event CITY shall deliver to OFFEROR upon request a recordable quitclaim
of this Offer, which duty shalt survive OFFEROR's written election voiding this Offer.
(f) Binding Effect. Except as otherwise provided herein, all terms, conditions,
restrictions, exclusions and reservations of this Offer, and the acquisition of all or any portion of the
Property by acceptance thereof, shall be binding upon and inure to the benefit of CITY's successors and
assigns.
IN WITNESS WHEREOF, OFFEROR and CITY have caused this Offer to be executed by their
respective duly authorized officers as of the date first set forth above.
OFFEROR
IRVINE COMMUNITY DEVELOPMENT COMPANY,
a Delaware corporation
By:
Joseph D. Davis,
President and Chief Executive Officer
Brigi . McMahon,
Assistant Secretary
CITY consents to the recordation of this Offer and concurs that this Offer complies with the
requirements of the CIOSA and the Bonita Canyon Development Plan.
CITY OF NEWPORT BEACH APPROVED A TO FORIM:
I
By: By: ile
City Manager City Attorney
Dated: ATTEST:
0
City Clerk
III 312\dadinuon.V5 Offer of Dedication \City d Newport Beach
JEP`.%l.v 1, 2001 6 Freeway Reservation Par[el\BOrit. Canvon Parcel
State of California
County of Orange
On SFV %EAiBF e o10, aOp/ , before me, z_,Kg y T. %i?I_ pe pn�
a notary public in and for said state, personally appeared JOSEPH D. DAVIS and BRIGID D.
McMAHON, personally known to me to be the
personO whose nameO iVare subscribed to the within instrument and acknowledged to me that
he,/She /they executed the same in trWft ,I /their authorized capacity 'es , and that bykji /her/their signature
on the instrument the person(), or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
,i l ®R
State of California
County of Orange
On
,.
TERRY J. HALPERN
Comm, f 1231741
NOTARY PUBLIC -CALIFORNIA
t
r�
Orange County
My Comm. Expires Aug. 8,2003'
before me,
a notary public in and for said state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
III .3.21dcdicrtion V5 Offer of MicauonlCilc of Newpon Bcadh
l EPWm y 1. 2001 F,,"wv Resew....... Parcrl\Bnniu CGnpon Parcel
PLOT OF PARCEL "A"
OF THE PROPERTY
PARCEL MAP N0. 98 -204
IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA
X20
PARCEL "O" 's
�a
°E
-1.
ROPE
EXHIBIT "A" Offer of Dedication\Ciry of Newport Beach
111.742\dedication
to Offer of Dedication Fmcuay Resonation ParcellBOnita Canyon Parcel
PLOT OF PARCEL "B"
OF THE PROPERTY
0 0
� G
/ 8
� J
/ W a
� iR,� a
t
co
Ln
OV I > e/ d� i��t - xoz. 51• 4Mr4ern
STIH 3M 3V1 ,
0 E $) 01
lbOtlM3t
`4 0
o�
Lj
u iew Jnro �I
`��aJ11 / N Lif�i-n
N�4 I 99
r
Ga h r
�� I Oa /` <ta4i
I ✓mod aT„ \° gg-%° �\w
DWI
In S
0'.
Job
loos,
j <'4� � � C �E •� to'L
EXHIBIT "B" n Beach
I 1 1.742 \dedication. We, of Dcd¢arion \City o(Ncwpo
to Offer of Dedication Freeway Resmation Parcel \Boron Croy"' Parcel