Loading...
HomeMy WebLinkAbout05 - CC-5 - Approve Storm Drain Easement- Canyon - 1/17/2017CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 17, 2017 ITEM NUMBER: CC -5 SUBJECT: APPROVE STORM DRAIN EASEMENT - CANYON PARK DATE: JANUARY 5, 2017 FROM: PUBLIC SERVICES DEPARTMENT/ENGINEERING DIVISION PRESENTATION BY: RAJA SETH URAMAN, PUBLIC SERVICES DIRECTOR FOR FURTHER INFORMATION CONTACT: BALTAZAR MEJIA, CITY ENGINEER (714)754-5291 RECOMMENDATION Approve the attached Drainage Easement and Agreement within Canyon Park (Attachment 1), and authorize the Public Services Director to execute the agreement. BACKGROUND The Engineering Division of the Public Services Department is processing a drainage easement and agreement within Canyon Park. Sea Bluff Canyon Village Homes (SBCVH) borders Canyon Park along the westerly property line and has historically drained into the existing open drainage channel that originates within Canyon park. The channel then enters adjoining City of Newport Beach property and then terminates into Orange County Talbert Regional Park, (Attachment 2). SBCVH was developed in 1978 by subdivision Tract Map No. 10018. SBCVH Development dedicated a portion of land to the City as Lot "B" per Tract Map No.10018 (Attachment 3). This dedication of land was to aid in the enlargement of Canyon Park acreage and to allow access to adjoining Talbert Regional Park. At the time of Lot "B" dedication, a drainage easement was never reserved for drainage structures. Currently, the drainage structures are failing and in need of replacement and repair. SBCVH Homeowners Association is requesting repairs and improvements to the subject drainage structures to prevent future flooding of their properties. SBCVH has contacted the City of Newport Beach and has obtained approval to connect to the portion of the drainage channel within their city limits. ANALYSIS The Engineering Division recommends the acceptance of the proposed storm drain improvements to the existing drainage conditions and to grant a drainage easement to SBCVH for the drainage structures that will continue to drain into the existing channel (Attachment 4). In conjunction with the repairs and improvements, the Engineering Division is proposing to set conditions for such activity within the proposed easement with an Easement Agreement with SBCVH Homeowners Association. Storm Drain Improvements and repair design plans have been submitted to the Engineering Division by the SBCVH Homeowners Association's Civil Engineer, and a hydrologic analysis as part of the design has been reviewed and pre -approved. At the time of repairs and construction within the park, SBCVH Homeowners Association's contractor will be required to obtain the pertinent encroachment permits from the City. ALTERNATIVES CONSIDERED No other alternatives are being proposed at this time due to potential future flooding that may occur to SBCVH property if drainage repairs and improvements are not made using the proposed easement. FISCAL REVIEW There is no fiscal impact to the City for the proposed action. LEGAL REVIEW The City Attorney's Office has reviewed and approved the drainage easement agreement as to content and form. CONCLUSION Staff recommends that the City Council grant the requested drainage easement agreement within Canyon Park (Attachment 1), and authorize the Public Services Director to execute the agreement. RAJA SETHURAMAN BALTAZAR MEJIA Public Services Director City Engineer ATTACHMENTS: 1 — Drainage Easement and Agreement within Canyon Park 2 — Aerial Exhibit 3 — Tract Map No. 10018 Lot "B" 4 — Improvements Plan DISTRIBUTION: City Manager Assistant City Manager City Attorney City Clerk E RECORDED AT REQUEST OF AND WHEN RECORDED RETURN TO: CITY OF COSTA MESA P.O. Box 1200 Costa Mesa, California 92628 Attn: Engineering Division Attachment 1 (SPACE ABOVE FOR RECORDER'S USE) FEE EXEMPT -GOVERNMENT CODE §27383 DRAINAGE EASEMENT AGREEMENT This Drainage Easement Agreement is entered into this day of , 2017, by and between the City of Costa Mesa, a California municipal corporation ("Grantor" or "City") and Sea Bluff Canyon Village Homes, Home Owners Association (Sea Bluff Canyon Village Homes, HOA) ("Grantee"). Grantor and Grantee may also be referred to individually as a "Party" and collectively as the "Parties" in this Drainage Easement Agreement. RECITALS. A. Grantor is the owner of the real property commonly known as Canyon Park located in the County of Orange, State of California, more particularly described in Exhibit "C" attached hereto and incorporated herein by reference Lot `B" of Tract No. 10018 ("Portion of Canyon Park") and, in its capacity as a public municipal entity, is also the owner of the municipal separate storm water drainage system which runs, in part, through Canyon Park and the City of Newport Beach. B. Grantee is the owner of the real property adjacent to the Canyon Park in the County of Orange, State of California, more particularly described in Exhibit "D" attached hereto and incorporated herein by reference ("Property"). Grantee intends to improve existing Storm Drain system within Grantees property and along with common areas and improvements which, along with the easement proposed herein, shall be operated and maintained by the Sea Bluff Canyon Village Homes, HOA ("Association"). C. Grantee has applied to the City to connect a private storm drain system, by means of Grantee's privately -owned lateral drains, which may include the repair and installation of pipes, drains, or other equipment or improvements necessary as directed and approved by Grantor, (collectively, "Laterals"), to connect to existing open storm drainage channel located within City of Newport Beach ("Storm Drain"). D. In connection with Grantee's Repair and installation of drainage system, The City is prepared to grant to Grantee, a drainage easement within Canyon Park property for the sole and exclusive purpose of water drainage from Grantee's Property to the open storm drainage channel including Grantee's construction, operation, and maintenance of its Laterals, to be connected to the open storm drainage channel, subject to the terms and obligations set forth herein. NOW THEREFORE, Grantor and Grantee agree as follows: 1. INCORPORATION OF RECITALS. The Parties acknowledge that the recitals are true and correct, and incorporate those recitals by reference into this Drainage Easement Agreement. 2. GRANT OF EASEMENT Drainage Easement, Drainage Easement Area. Subject to the use restrictions set forth in Section 3.1 of this Drainage Easement Agreement, Grantor grants to Grantee, and Grantee accepts from Grantor, a non-exclusive, drainage easement for the benefit of the Property over, under, along and across a portion of Canyon Park, including a right of ingress and egress, as more particularly described in Exhibit "A" & Exhibit `B" attached hereto and incorporated by reference (the "Drainage Easement Area"), which interest shall include the following rights: 2.1 Surface Drainage. The right to drain any and all surface water from the Property over, along and across the Drainage Easement Area to the existing earthen drainage swale within Canyon Park and until such time as the Grantee completes construction of the Storm Drain and repairs. 2.2 Construction of Laterals. Commencing upon repairs and construction of the Storm Drain laterals within Canyon Park, and subject to obtaining the development and building permits and other government approvals necessary, including but not limited to encroachment permit, the Grantor grants Grantee the right to (a) construct, maintain, use, and operate the Laterals within the Drainage Easement Area and to connect the Laterals to the Storm Drain; and (b) drain any and all surface water from the Property through the Laterals within the Drainage Easement Area to the Storm Drain within Canyon Park. The rights contained in this Subsection 2.2 shall only become effective at such time, if ever, that Grantor receives all necessary approvals to commence construction of the Storm Drain within Canyon Park and commences construction thereof. Grantee must complete construction and repairs of the Laterals within time frame set forth by Grantor. The easements described in this Section 2 shall be collectively referred to herein as the "Drainage Easements". 2.3 Disclaimer. Grantee expressly disclaims any right, title, or interest in any portion of Canyon Park, except as is expressly granted herein. Grantee expressly disclaims any expansion of the Drainage Easement Area or use for the Drainage Easement Area beyond what is expressly set forth herein, regardless of any future increase or expansion of use of the Property or change in use. 3. USE RESTRICTIONS Grantee understands and expressly acknowledges that the rights hereunder are expressly made subject to and contingent upon Grantees compliance with the requirements of Existing Canyon Park natural topography and access trails 2 3.1 Construction Phase On -Site Monitoring A. Avian Nest Surveys If construction takes place during nesting season, nest surveys will be required to be performed by qualified personnel prior any scheduled construction. 3.2 Access to Canyon Park. Access to the park, whether during construction or any time thereafter, outside of the easement requires prior approval from the City and applicable regulatory agencies. Ample time needs to be factored into the construction schedule as coordination with regulatory agencies may be lengthy 3.3 Maintenance. Grantee shall maintain the Laterals and the Drainage Easement Area in a good condition acceptable to the City, and to repair any defects or deficiencies as they occur. Grantee shall perform its designated maintenance obligations on a regular basis on its own accord, but in accordance with industry standards for the maintenance of similar systems. Notwithstanding the foregoing, Grantee shall perform any required maintenance or repair within twenty (20) days after receiving notice from City regarding a need for such maintenance or repair; provided, however, that in the event of an emergency or other dangerous condition (including but not limited to structural collapse, systemic failure of the Laterals, or any violation of the Water Quality Management Plan) Grantee shall respond immediately to remedy the condition or violation. In the event that that Grantee is unwilling or unable to respond to a dangerous condition, City shall, in its sole discretion, have the right to access the Drainage Easement Area and the Laterals to remedy the emergency or dangerous condition on its own initiative, and Grantee shall reimburse City for any costs incurred within thirty (30) days of receiving an invoice from City. City's remedy of any emergency or dangerous condition is not a waiver of City's right to any other remedy provided herein. 3.4 Disconnection. Grantee shall disconnect the Lateral from the Storm Drain within thirty (30) calendar days of termination of this Drainage Easement Agreement. Failure of Grantee to disconnect the Lateral from the Storm Drain within the specified time will result in the City having the Lateral disconnected at Grantee's sole cost and expense, plus administrative overhead costs. 3.5 Water Quality Management Plan Requirements. Grantee shall implement and comply with all Best Management Practices and other requirements set forth in the City -approved Water Quality Management Plan. 3.6 No Representation or Warranty. This Drainage Easement Agreement does not address or alter any building or planning approval and permit process of the City of Costa Mesa. Grantee must abide by the City's regular procedure and schedule for permit and land use approvals. Grantee understands and agrees that City is not making any representation, warranty, or promise regarding any permit or land use approval. At all times City retains its right and obligation under the law to make land use and other decisions in its independent governmental capacity, taking into account the requirements of federal, state and local law, and the best interests of the City. 3.7 No Restriction on City's Use. Nothing in this Agreement prevents City from construction, repair, alteration, or modification of any portion of Canyon Park, or the Drainage Easement Area, or improvements located thereon. Any construction, repair, alteration, or modification 3 3.7 No Restriction on City's Use. -Nothing in this Agreement prevents City from construction, repair, alteration, or modification of any portion of Canyon Park, or the Drainage Easement Area, or improvements located thereon. Any construction, repair, alteration, or modification of Canyon Park shall be done at City's sole cost except for any work related to the Laterals or Grantee's use of the Drainage Easement Area for which Grantee shall remain responsible. In the event City needs to initiate any construction, repair, alteration, or other modifications to Canyon Park or the Drainage Easement Area as a direct result of Grantee's use of Canyon Park or the Drainage Easement Area, Grantee shall be solely responsible for the costs incurred by City. 3.8 City Access to Drainage Easement Area. Grantee agrees that City, its employees, officers and agents, are authorized to enter in, under and upon the Drainage Easement Area at any time and for any purpose, including but not limited to the removal of the Laterals for the purpose of restoring the Drainage Easement Area to an aboveground condition reasonably the same as existed before the construction/installation of the Laterals, in the event such restoration has not been performed by Grantee as required under this Agreement. Should City be required to remove the Laterals pursuant to this Paragraph, Grantee agrees to reimburse the City for the cost to remove the Laterals and to restore Canyon Park including, but not limited to, any administrative overhead costs, within thirty (30) days of receiving written notification from the City of the cost incurred. Grantee's obligation to reimburse the City for such costs shall continue in full force and effect and shall survive termination or expiration of this Agreement. Nothing in this Agreement shall limit the City's right to access the Drainage Easement Area at any time for its own purposes and reasons, which purposes and reasons are separate from the activities or Improvements authorized under this Agreement. 3.9 Hazardous Materials. A. As used herein the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or shall become regulated by any governmental entity, including without limitation, City acting in its governmental capacity, the State of California or the United States Government. B. Grantee will not cause or permit any "Hazardous Materials" to be brought upon, kept or used in or about the Drainage Easement Area or Canyon Park. If Grantee breaches the condition stated herein, or if contamination of the Drainage Easement Area or Canyon Park by Hazardous Materials otherwise occurs as a result of or in connection with Grantee's occupation or use of the Drainage Easement Area, then Grantee will indemnify, defend and hold City harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including without limitation, diminution in value of the Drainage Easement Area or Canyon Park, damages for the loss or restriction on use of rentable or usable space or any amenity of Canyon Park or the Drainage Easement Area, damages arising from any adverse impact on marketing of space in the Drainage Easement Area or Canyon Park, and sums paid in settlement of claims, court costs, attorney's fees, consultant fees and expert witness fees) which arise as a result of such contamination, or which are in any way related to such contamination. C. Preexisting Contamination. Grantee will not be held liable, nor will Grantee be required to indemnify City for any loss or damage sustained as a result of pre-existing Hazardous Material located on or near the Drainage Easement Area or Canyon Park. 2 4. TERM AND TERMINATION. 4.1 Term. This Drainage Easement Agreement shall commence upon the date of its recording in the Official Records and shall perpetually and continuously remain in effect unless sooner terminated or extinguished by (a) written agreement, (b) default as set forth herein, (c) abandonment for a period of no less than six months, (c) or merger. 4.2 Termination. This Drainage Easement Agreement, in addition to any other remedies which may be pursued in law or in equity, may be terminated, along with any rights granted herein, by either Party upon a default of any material covenant, condition, or term herein by the other Party, which default is not cured as set forth below or by abandonment of the Drainage Easement or merger of the Property and Canyon Park. 4.3 Default. In the event there is a default by either party with respect to any of the provisions of this Drainage Easement Agreement or its obligations under it, the non -defaulting party shall give the defaulting party written notice of such default. After receipt of such written notice, the defaulting party shall have forty eight (48) hours to cure a default arising from an emergency or dangerous condition pursuant to Section 3.3 of this Agreement and thirty (30) days in which to cure any other default, provided the defaulting party shall have such extended period as may be required beyond the thirty (30) days if the nature of the cure of a default is such that it reasonably requires more time that set forth herein and the defaulting party commences the cure within the time required and thereafter continuously and diligently pursues the cure to completion. The non -defaulting party may not maintain any action or effect any remedies for default against the defaulting party unless and until the defaulting party has failed to cure the same within the time periods provided in this Paragraph. 4.4 Forfeiture and Reversion of Interest. In the event of termination of this Agreement, Grantee, and its successors and assigns forfeit all right, title, and interest in the Drainage Easements and such right, title, and interests shall revert back to the City. 5. COVENANTS RUN WITH LAND; EQUITABLE SERVITUDE 5.1 Covenants Running with the Land. The provisions of this Drainage Easement Agreement shall constitute covenants running with the land pursuant to applicable law, including California Civil Code Section 1468. Each covenant to do or refrain from doing some act hereunder shall run with the Canyon Park and the Property, shall be binding upon all persons having or acquiring any interest in the Canyon Park, the Property or any part thereof, shall inure to the benefit of and burden the Property and the Canyon Park, and any interest therein, and shall inure to the benefit of, be binding upon, and may be enforced by the owners of the Canyon Park, the Property, and their successive owners and assigns including, without limitation, the Association. 5.2 Effect of Drainage Easement Agreement; Equitable Servitudes. Except as otherwise expressly provided herein, no rights or privileges conferred upon the Parties by this Drainage Easement Agreement shall inure to the benefit of any person or entity other than Grantor, Grantee, or their respective successors and assigns nor shall any other person or entity be deemed to be a third -party beneficiary of this Drainage Easement Agreement. Each and all of the restrictions, covenants, and easements of this Drainage Easement Agreement (i) shall constitute equitable servitudes which shall apply to and be binding on the Parties hereto and each and all of their respective successors and assigns; and (ii) are imposed for the improvement and use of the land affected hereby and are designed for the mutual benefit of the Parties. M 6. INDEMNITY In consideration of the grants set forth herein, Grantee hereby agrees to defend, indemnify and hold harmless the City and its elected and appointed boards, officers, agents and employees from and against any and all claims, suits or liabilities and losses of any nature whatsoever including but not limited to reasonable attorney fees and costs, for damage to property and the improvements thereon or to persons, including death, which arise out of or are related to: (a) The construction, connection, use, operation, repair, replacement, maintenance or reconstruction of the Laterals; (b) Rain or surface water, including any type of pollutant contained therein deposited or retained upon the Property served by the Laterals as a result of any failure of the Laterals to function as intended or as desired or as the result of any failure of the Lateral connections to the Storm Drain System. (c) The discharge of any type of pollutant from the Property to the Storm Drain channel, which discharge is not in compliance with the requirements of the applicable Water Quality Management Plan. The aforesaid indemnity obligation shall apply regardless of the fault or negligence of the indemnitor or indemnitees, excepting only that said indemnity obligation shall not apply if the claim, liability or loss arises out of the sole active negligence or willful misconduct of the City. Nothing in the Agreement is intended to transfer to the City or otherwise release Grantee, or its respective successors or assigns from any liability which any of them may now or in the future have under federal, state or local laws or regulations relating to the discharge or release of any type of pollutant from or onto the Property whether or not such discharge or release is in compliance with the Water Quality Management Plan or any other City requirement. 7. ASSIGNMENT The Parties acknowledge that Grantee shall assign Grantee's rights and obligations under this Drainage Easement Agreement to the Association. Such assignment shall be recorded in the Official Records, and a copy of the recorded assignment shall be provided to Grantor. However, the Parties further acknowledge that the Association is prohibited from further transfer conveyance or assignation of the rights granted hereunder and any such transfer, conveyance, or assignation is a material breach of this Agreement. Grantee shall notify the City of any sale, transfer or assignment of the rights and interest provided herein within thirty (30) days of said sale, transfer or assignment. Association shall execute a written acknowledgement consenting to the terms, conditions and obligations of this Agreement. Upon the transfer conveyance, or assignment by Grantee of its interest in Canyon Park or the Property, the rights and obligations of the Grantee shall automatically be transferred and assigned and the Grantee shall be released from any further obligations hereunder, except that the Grantee shall continue to be obligated to defend and indemnify City for any claims, suits or liabilities and losses, as provided for in Section 6 above, which arose out of Grantee's acts prior to transfer or assignment of the rights and obligations hereunder. Neither Grantee nor any transferee or assignee of Grantee shall assign its interest in the Property to any person or entity that does not have the financial capability of performing the transferor's or assignor's obligations. 0 8. TAXES, FEE AND CHARGES Grantee shall have the responsibility to pay any personal property, real estate taxes, assessments, or other fees or other charges, that may be assessed or determined to be owed, which are in any way related to the Grantee use of the Drainage Easements. This specifically includes any taxes which are determined to have arisen from the installation of the Laterals. Grantee shall have the right, at its sole option and at its sole cost and expense, to appeal, challenge or seek modification of any tax assessment or billing for which Grantee is wholly or partly responsible for payment. City shall reasonably cooperate with Grantee at Grantee's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set forth in the preceding sentence, including but not limited to, executing any consent, appeal or other similar document. In the event that as a result of any appeal or challenge by Grantee, there is a reduction, credit or repayment received by the City for any taxes previously paid by Grantee, City agrees to promptly reimburse to Grantee the amount of said reduction, credit or repayment. In the event that Grantee does not have the standing rights to pursue a good faith and reasonable dispute of any taxes under this paragraph, City will pursue such dispute at Grantee's sole cost and expense upon written request of Grantee. 9. MISCELLANEOUS 9.1 Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): City: City of Costa Mesa 77 Fair Drive Costa mesa, California 92626 Phone: (714) 754-5000 Attn: City Clerk Grantee: Sea Bluff Canyon Village Homes, Home Owners Association 2054 Meadow View Lane Costa Mesa, CA 92627 Attn: Debora Lloyd Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 9.2 Compliance with Laws. All easement rights granted to Grantee pursuant to this Drainage Easement Agreement shall be exercised in accordance with all applicable federal, state and local government laws and regulations, including, without limitation, all requirements of the City's municipal code and any conditions to approval, requirements for inspection or mitigation measures imposed by the City or County in connection with entitlements for development of the Property. 9.3 Venue. The interpretation and performance of this Drainage Easement Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County, California. F7 9.4 Counterparts. This Drainage Easement Agreement may be executed in counterparts, all of which, taken together, shall be deemed one original. 9.5 Attorneys' Fees. If any legal action, arbitration or other proceeding is brought for the enforcement of this Drainage Easement Agreement, or because of any alleged dispute, breach, default or misrepresentation in connection with this Drainage Easement Agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and other costs it incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 9.6 Entire Agreement; Amendments; Severability. This Drainage Easement Agreement, and the grants of easements contemplated herein, set forth the entire understanding and agreement of the Parties with respect to the conveyance of the Drainage Easements (except as set forth in the Hold Harmless Agreement), and supersedes all prior discussions, negotiations, understandings or agreements relating to the grant of the Drainage Easements (except for the Hold Harmless Agreement), all of which are merged herein. This Drainage Easement Agreement may not be modified or altered except in a writing signed by all Parties hereto. The unenforceability, invalidity or illegality of any provision(s) of this Drainage Easement Agreement shall not render the other provisions unenforceable, invalid or illegal. 9.7 Successors and Assigns. This Drainage Easement Agreement shall be binding upon and inure to the benefit of the Parties hereto, and to their respective personal representatives, heirs, successors and assigns. 9.8 Captions. The captions in this Drainage Easement Agreement have been inserted solely for convenience of reference, and are not a part of this Drainage Easement Agreement and shall have no effect upon its construction or interpretation. 9.9 Authorily. Each signatory below represents that he or she has the authority to bind the Party to this Drainage Easement Agreement on whose behalf the signatory is executing this Drainage Easement Agreement. [SIGNATURES ON THE FOLLOWING PAGES] 8 GRANTOR'S SIGNATURE PAGE FOR DRAINAGE EASEMENT AGREEMENT CITY OF COSTA MESA, a California municipal corporation Attest: Raja Sethuraman Interim Public Services Director Brenda Green City Clerk Approved as to Form: Tom Duarte City Attorney 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 On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person 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. Signature: 0 (SEAL) GRANTEE'S SIGNATURE PAGE FOR DRAINAGE EASEMENT AGREEMENT Sea Bluff Canyon Village Homes, Home Owners Association By: Debora Lloyd Title 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 On , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person 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. Signature: (SEAL) 10 EXHIBIT "A " SHEET 1 OF 1 DRAINAGE EASEMENT IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF LOT "B" OF TRACT NO. 10018 AS SHOWN ON A MAP RECORDED AS M.M. 425/4-7, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 15.00 FEET WIDE, LYING 7.50 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIOBED CENTERLINE; COMMENCING AT SOUTHWEST CORNER OF LOT "H" OF SAID TRACT NO. 10018, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID LOT "B"; THENCE ALONG THE SOUTH LINE OF SAID LOT "H" N50'16'32"E 12.61 FEET TO THE TRUE POINT OF BEGINNING; THENCE S13'01'37"E 49.75 FEET TO THE SOUTH LINE OF SAID LOT "B", SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 5, TRACT NO 7989 AS SHOWN ON A MAP RECORDED AS M.M. 323/11-16, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP TO BE SHORTENED AND LENGTHENED TO TERMINATE AT THE SOUTH LINE OF SAID LOT "B". PARCEL 2: A STRIP OF LAND 10.00 FEET WIDE, LYING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIOBED CENTERLINE; COMMENCING AT SOUTHWEST CORNER OF LOT "G" OF SAID TRACT NO. 10018, SAID POINT ALSO BEING ON THE NORTH LINE OF SAID LOT "B"; THENCE ALONG THE SOUTH LINE OF SAID LOT "G" N89'27'05"E 10.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE S00'53'30"W 40.63 FEET TO THE SOUTH UNE OF SAID LOT "B", SAID POINT ALSO BEING ON THE NORTH LINE OF LOT 5, TRACT NO 7989 AS SHOWN ON A MAP RECORDED AS M.M. 323/11-16, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THE POINT OF TERMINUS. THE SIDELINES OF SAID STRIP TO BE SHORTENED AND LENGTHENED TO TERMINATE AT THE SOUTH LINE OF SAID LOT "B". ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART HEREOF. THIS DOCUMENT, CONSISTING OF EXHIBITS "A" AND "B" WAS PREPARED BY ME OR UNDER MY DIRECTION ON OCTOBER 20, 2016. DARYL J. CHRISTIAN, P.L.S. 8554 MY LICENSE EXPIRES 12/31/18 EXHIBIT "B" 12 PLAT TO ACCOMPANY M[Brr 'A" EXHIBIT 5sB 19 LEGAL DESCRIPTION L 0 T- ki Z2 LOT LOT LOT LOT LOT LOT xi 134 `G" 33 j2 30 P. r-- Tp. 08. 259 X' rp 0 19, LOT NW 76:1? 1 12.61' PARCEL 2 - "B" PARCEL I I lit I OTY LIV75 0' COSTA AC9 i 20' P07 07Y awTs a J 48927�J A?/ /9 TRACT NO 7989 I A.1w) M. M. 323111- 16 6; -�Q' It, DARYL .. CCHRIS-flAN, P.LS. 11554 MY LICENSE EXPIRES, 12/311/16 -c- "4"3 7 11,- -�-1�' 4 ;�' V, No. 8554 E4) -2/31/18J LEGAL DESCRIPTION (Continue) EXHIBIT "C" LEGAL DESCRIPTION OF SUBJECT PORTION OF CANYON PARK Real property located in the City of Costa Mesa, County of Orange, State of California, described as follows: IN THE CITY OF COSTA MESA, COUNTY OF ORANGE, STATE OF CALIFORNIA, LOT -B" OF TRACT MAP NO. 10018, AS SHOWN ON SAID TRACT M A P AS SHOWN IN MISCELLANIOUS MAPS RECORDED FEBRUARY 2, 1984 IN BOOK 425, PAGES 4 THROUGH 7, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 14 EXHIBIT "D" LEGAL DESCRIPTION OF GRANTEE PROPERTY Real property located in the City of Costa Mesa, County of Orange, State of California, described as follows: Lots 1 through 71, and lots "A" and lots "D" through "H" inclusive, of Tract No. 10018, as shown on a Subdivision Map, Filed on February 2, 1984, in Book 425, Pages 4 through 7, inclusive, of Miscellaneous Maps, in the Office of the Orange County Recorder. 15 IWO . all �.. CITY OF COSTA MESA ' SEA TERRACE � TRACT MAP 10018 M.M. 425 / 4-7 ORANGE COUNTY TALBERT NATURE PRESERVE ' 0 R� SII tt tt ti t I = EXISTING CHANNEL 8 " WIDE WALL WITH ROUGHT IRON FENCE CANYON PARK o' --- LOT ,.B„--- -------------�-----------`-s TRACT MAP 7980 \ M.M. 323 / 11-16 NEWPORT APARTMENTS CITY OF NEWPORT BEACH CITY OF COSTA MESA CANYON PARK APROXIMATE LOCATION OF CONCRETE DRAINAGE DITCH 425 7 SNFFT 4 OF 4 SHEETSDup 08 SCALE 1" 30' TRACTKU. 10 018 MCNTED AND FLED Z I976 AT 8:00 AM A� AT BEQUEST Oi IN TUE CITY OF CGSTj>:,ME�A 'BnOViI� e0< ORANGE, STATE OF CALIFORNIA $IIFEfA TITLE Y0. C0. A FtiRTION OF LOT A OFTWE WQ'RLACT A3 SHOK14 ON A MAP OF SAIDTRACT FILED IN THIt C'4C. CF OMNGE COUNTY RECORDS 14ANCOCK 156NNINIQ ANDOINERSr VB. AA4RY H. C6NNINQ Me F'4R:TI7N]N SGINQ CASC 140.4985 UPON TNG I. wrue ualU. ewnr s°.>�. 82 NUMBERED LOTS YCGISTER OPAOTIONSOFTNE 5uPG210R07URBTOFTC9l7'TEOPC00 A'M ANO Po¢ THE COUNT( 01 LETTERED LOTS A TO J INCLUSIVE VIlZ ELES - I 4•H°233tI R -Loo L= 1480 G. d2729 R-100 L -O.HO' 9.651 ACRES WILLIAM C. DLA.ICELK L54279 4-d' .16 R-l4d L• o.IH' 4•A 31 of ¢= loo L- 14.9.7' DATE Or 5uRVEY: JULY IW717 AUQU5T 19'19 3 O=BI 34 •-S2' R•16p' L• 14.90' A•9°3101 R=112.5 L• 16.72' L1• H° 94.52' 0.. 112.63 L- 13 I 4. 8°3101" R-129 L• 19.59 5 4-A°3462" R -12W L- tel 4.2°3029 R•ILW L- 647' SEE SHEET NO.2 FOP. BOUNDARY 5URVE` '10 A* 5 B A. 5' 0201 W. MIS; L. IO.VH' 4.4.Oo92" 9- 125; L• 13.11' OF 66ARIM6S, MONUMENT NOTES AND 50ME ImDex 7 O° 3°324'1" It -MIS L- 7T 74' 4..4°5040 R-Z5i L• Z.tZ' A. 9-i8'oj 9-126 L- ZO.faS I 4.3$5256 R=Z6 L• 1740 pv 1°3152 R-125 L. Ib L r; A. 44.4938 R.2W L• 1952' NOTE LOTS "I"q'X ARE NOT SVPARATE D 4• Ii -065V R-129 L-3730' 4.39 5309 R•ZW L• 1741•, BUILDING BITBf. II p• 17°OSS".i' 9. I00'S L. aa.sl' A-4'50'29" R-25 L• 211 (� 17 p• I7°0°i SW Y- 100 L• 2994 A. II- ff00 0.. 26 L• b9 27' p• lE�a.924 R -loo' L- Z°9.o4' A. II°5216" Y=25; L• 503 4= 7eZ 44 5Z -2g L- 34.24 I • 5146CFT I I 3 � I O N 4' N81'25'19'W /-P I 17 N�--.�--�--I$ Gl.ej•'' 12.5 12.5 ^ N89•5b55'� A N_ :4(1 f a(. I- Nln 71 I � � N84•SB'06'W G9.7d' W RAO. L'J EAST 6506 I I EAST 6300' N81`25'19'W 63�, n N O 12$ IIs' (j r = rvN 18 b 53pOQd O - 0 16 N 47 N M , 0 N 70 NBI•25' m . EAST be 2 65.00' EAST 60.00 NBYZSy 9"W N yyW "W 11.2)_ D 63.00' F _ N07'51'15`W 64.21' C4 D N 19 n8 46 NNN2' 7 x IZ NBi'51'I6"W G3.o9' n d 8$ •4W9 C3'N8 WF JQ 81.25' NBI2 EAST 9'19" >m go !9 W2 0 NO.3l34"E 14.25' S SW61. 'm 4 75.49• Nn 140'98'958 W W N N . W ]].T2' g p Na7•SI'IB"W U n y V SS q N81'2g'lyW °i 0 2i.80' o N r ILf a ,NN 'R 69.00. n o 8 N^ 45 Ni N87'S1'IB"W 69.00' 8 2 n 0^ 2 1 N97.51'IB''W 63.00' J N Z z 1491'25'18"W ^� 8 I it 54 LOT"E" '-2.00' O W 0.793 ACRE5 it e.oSZ A6¢E5 ti 44 $ I i Z A LOT F" e N N o N6V51't8"W 6300, 648"E 64.11 1 `' �•g6jTi �0 43.00' o N 0T'51'18"W 6300' V u 1401.2 �, ppyO;' 1 iy 01.28'4BE '4 LOT C" Q < 0- bb $ W 8 57 $ mo 7 2.014 AGES a 43 m8 A'= 'a� 47 a -a q- 22 N NBT•SI'16"W 65.00' IO,Im 6900'4 q L mON, B0.1H mV N0]•51'18'W 63.00' W W FF W 8 N DI'2B'4H E N BI'2B'4E E o $ 42 e0 C 6 m NN99'2T05'E 41.9! Oi a q:� 23 N ra NnSiuw $P w0 $. 8, z P1NC03'OS'E 2339' N N N Z 1°4 m N 6300 125 • 12.5 H 79 g0 10.89' z 2 4 z N 58 g$ N81.20'4e5 N 01�2040'E RAs N .o c4 11 NO -11'05"E 12.79' N 9'119"W LD1"2' 4O 3 n G.00L A.. N 4B N 24 B 39.49344' 7.79' r N69•z-r'05"E c3.0o' -$ LLI -$ N NBP2T091 O 49t G>�1 O a 71.19_ 8 $ 41 23.50' g o N. $ 1481.26 �V p N g 5 9 N89'Y7'05'E 65.00' NB9.2T06'E 44 65.00 fip 8 40 8 25. g 40 $ Ne•2B'49E $x x 4 B N °' 135 125 iA � R N83'9ti ll°E 66.05' A N 8WZT'05'E 45.00' NOS -27'05"E 63.00' ; S N 14 1 g B cJ 2i g 39 of $ 41 8 a N N H .Oi Z N 99.2705"E 6300' 3 N 89.2Toy'E 6300' C ' G3 6 ` 1409'59'49"E 69.00' Z7 ro n � 58 �� Z'D yTyvtv00�, �W N 6JJ. `•T' �. °I NB9'69'49'C 6609' N 89'27'05"E 6249• 3 p.90.0600' � T n ..¢• 2590' \ fi 9p 3I 12.5 O Hy. L• 99.27 tl. 7 , PN'95' 3 O 25 4 CL n T. 2800' 1489.27'95"E 5000' O N89.27'C5"E 2 'In LANE = S N 09'S9'c5"6 c a. $ SEA TERRAGt'_ b 8T. 50' �'�n ..193.12' bN N 09.27'05"E LOT "A" �F'R11•ATE '-' N STRRAST� 280.62' z g 29 $ 2 N99'27'05'E 293.00' IB m' 30.00' 90.00' BD.DC' 9o.D0' 19.00' 5000'. 90.00' 30.00 3o.m' F 9 n`�NorLOT Bua9mG BIr6 3Y ACRE5 --,�.: m rvB9'2G 59'f 50.10 0 } 32 B 31 ; 3D 37 ?i 35 j 94 ; _ 33 W ; CT IP 2 �[T I" P S l . n'�` m m L, n iN� 427`.3 �s 4243 04 3, •�`' S" m gatm o o 16 W b Z Z Z S i 2 2 2 = 2 y zr ' 30.00 30.0 ' _30._-0' 89°2705"E 259 . 0.498 ACRE5 -LOT 6 - GRANTED TO THE CITY OF C05TA MESA FOR GAWK PUeP05ES 427.79 "' u 09° 2705 9 INV 19,5 X SEA TERRACE LN EX. PROPOSED` O' WIDE STORMORAIN EASEMENT FROM CITY 11`0054AMESA— — CITY LIMITS OF COSTA MESA LIMITS Ts 41 INV{ ua JOINI`E OTE ANNJEL CCHlyNN6L xffRF Attachment 4 CONSTRUCTION NOTES: a 9Ca 4LL It O1 CONSTRUCT 24"%24' BROOKS BASIN WITH GRATE INLET AT END OF CHANNEL 1 J,(J O2 REMOVE EXISTING 12- STORM DRAIN X X163 i 14LL ^ O3 CONSTRUCT IB'H.D.RE STORM GRAIN Q -rt O4 CONSTRUCT IB' CONCRETE CHANNEL INLET PER DETAIL 8 ON SHEET 2 = �X1TCEp_ l OEPADLL MISTINGJUNCTION STRUUCTUCTURE TO ACCOMODATE ADDITIONAL 24 -HOPE PIPE W Isp ©DOUBLE IB'AND SINGLE 24. MCA STORM DRAINS TO REMAIN IN PLACE/PROTECT IN PLACE 7� X 16, 1 C Cl NC. O CONSTRUCT 24" H.D.P.E. STORM DRAIN 9.2 I OO CONSTUCT24" CONCRETE CHANNEL INLET PER DETAIL BON SHEET 2 z k ® 1> O9 CONSTRUCT EMERGENCY OVERFLOW CHANNEL GUTTER PER DETAIL 'q'ON THIS SHEET X 1 /� CONSTRUCT RIP RAP PAD IN LAST 5' OF CONCRETE CHANNEL 1 _ 17 9 W I If CONSTRUCT I2" HIGH OPENING IN MASONRY BLOCK WALL FOR CHANNEL EXIT U C X 1 S `W W Z Q CONSTRUCT BOLT DOWN STEEL CAGE B' SPACING ON CENTERI LL X LU / OVER STORM DRAIN OPENING J e % EX 12 -MD __.. `- O", f1'7 ,. PROTECT IN PLACESERB % W ---.._ 12.341NV Ii56 I � ASP -L '8,3 - TWO 1WRCP yii59E . NOTE: _ ,'S1 S TON ACCESS BRIDGE ONLY. HEAVIER VEHICLES X 179 � d4: P' d. ° a' °s, e MUST USE MEADOW VIEW LANE \ \ EX CATCH BASIN \ 1 4 l 4 �nNL Y P OOIGEIS P SEA TERRACE LANE 91].82 ® "'M °@ T' N FL -CHANNEL it \ L�oR' ^I n CONCRETE CHANNEL GUTTER DETAIL ,r_ Bunox yj ` -NII I JJ - I .-�J - I .. k ; 1 x 1BIY p w .I • ° r T 1 M1 1 f pw ab Inn+pigod6psae6 Y IW 3 a3 DUAL E%6'SO ° V ���YV l/ I I I TO BE CAPPED AND I I"wtll IIYPI ABANDONED IN PLACE I CNICrBfd 1 1 '1 Shaun on p p10 SM1 PB o 4 C .D. H Plpe +4 ba MOP % X11 DENSE TREES GNV I 6 / PROPERTYLINE I I aYnd XT 531LL 1 ` C EXWROUGHT IK ILL ON / [ O /I MASONRY BLOCI( iDwe 1 p5 1 I __ PROPERTYLIN�_ .y 1.J1�� X I4f01 EIh.Pe llJ I I 4 l/ �y i- ' Tplpal cno4rtel wIl relnlamtnp+� TMarcdl Impe[otdm e1 ai v �S J Ex..RCD. 9 jt n h� I / B 18 & 24" PIPE TO CHANNEL ENTRANCE DETAI_L__ j' SOURCE UNKNOWN J" - t CONNECTTOJUNCTION STRU[TVRE ` T" u Bp If 2S1 1f.J I / =po ort P[uixwixeonomorcwWx[L P 9 x19 �`13P PROPERTYLINE 0 x'T", , L, --LOT B —� SEX. 12-S.D. ✓ TOREMOVED —� Ao. CH RED WITH 1RS.D. BETE CHANNEL. s�-T'RE€�FN'L_-- — Underground Service Alert BENCHMARK: Ca I1: TOLL FREE HBd43-77 ELEV78 a6 811 wowoEawa onv:cPPDxe onmd 5 / 1. 1 1� / ' T B '1 / 12R C U 1'I LOT O JUNLiION SM�SS / T iSTRU<iURE 1 11 1 VN' iO REMAIN _ /BMOA 1 18'8 X N ESAERY FOR X CONSTRUCif 15'6D 1 � 1 \ P • SE s ]6 V / IPU ROPOS S'WIO P 4 ,/' STOR IN / EAS ENT n , ry I 004 Mt M[IN FCOS MES CITYLIMITS OF COSTA MESA / CITY LIMITS OF NEWPORT BEACH CITY F R _ CITY NMI_ OF CO_S MESA_ y 9 LIMI]]YYO NE PO BE CH "ORIS �1� p/'1 SPO[I INE% / T. 0 Xj2LL Q Vto <HACRNEETL /yyy G DE SE TREES G 1V I -p0 \ SEABLUFF CANYON VILLAGE HOME OWNER'S ASSOCIATION 2054MEAOOW VIEW IANE COSTA MESA, CA 92627 Plans pfeperetl b, aas� GILBERT ENGINEERING & ASSOCIATES, INC. . ■ 2 MERRIWEATHER PLACE p,uryy ■ LIDERA RANCH, CA 92694 PH. 1949121&8075 ■ FAX 194912108041 ww gflbert enRooeting.wro STORM DRAIN IMPROVEMENT PLAN DRAWN: W.G. FOR DESIGN: R.W.G. A BLUFF CANYON VILLAGE HOME OWNER'S ASSOCIATION CHECKED: rt.W.G. scALE: 1'=Ia' COSTA MESA &NEWPORT BEACH, CALIFORNIA InB Nn_ 39aARI SHEET Z OF 2