HomeMy WebLinkAbout21 - Jamboree Road Bridge Widening Over SR-73 - Settlement AgreementCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 21
June 8, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Andy Tran, Senior Civil Engineer
949 - 644 -3315 or atran @newportbeachca.gov
SUBJECT: Jamboree Road Bridge Widening Over State Route 73 — Approval of
Settlement Agreement With SK Hart Bayview, LLC
RECOMMENDATIONS:
Approve the Settlement Agreement with SK Hart Bayview, LLC for the acquisition of
real property for the Jamboree Road Bridge Widening Over State Route 73 Project and
authorize the Mayor and City Clerk to execute the Settlement Agreement and
Certificate of Acceptance.
DISCUSSION:
The Jamboree Road Bridge Widening project involves widening the west side of the
Jamboree Road bridge overcrossing State Route 73 to accommodate one additional
thru lane in each travel direction. The roadway leading to the bridge will also need to
be widened in order to transition to the proposed lane configuration across the bridge.
Therefore, additional public right -of -way will need to be acquired from the following
three properties:
1. SK Hart Bayview, LLC (Former Downey Savings and Loans)
2. 3901 MacArthur Blvd., LLC (Newport Lexus)
3. Back Bay Court Property Co.
The attached exhibit shows the location of the proposed additional public right -of -way
required to construct the project. This project will only require a portion of real property
from each of the three affected properties.
A formal property appraisal for SK Hart Bayview, LLC was completed in January 2009.
On January 25, 2010, an initial offer was made to SK Hart Bayview, LLC in the amount
of $116,000.00 which equals the just compensation amount as determined by the
appraisal. The City's consultant, Overland, Pacific and Cutler, Inc. (OPC), coordinated
the right -of -way negotiation efforts with this property owner and was able to reach a
settlement agreement in the amount of $116,000.00. The Settlement Agreement along
Jamboree Rd Bridge Widening — Approval of Settlement Agreement with SK Hart Bayview
June 8, 2010
Page 2
with the Easement Deed and Temporary Construction Easement has been executed by
SK Hart Bayview, LLC and are attached.
In addition to the $116,000.00 needed for the acquisition of real property, staff
anticipates needing an additional $5,000.00 to pay for escrow fees and other
miscellaneous fees associated with this transaction. Upon demand from the escrow
agent, all funds will be deposited into an escrow account in the form of a check.
Surplus funds will be refunded to the City upon close of escrow.
In regards to the Newport Lexus property, Staff is currently working with OPC on a
separate similar settlement agreement which will also be recommended for approval by
City Council in the near future. The right -of -way for the third affected property, Back
Bay Court Property Co., will most likely be acquired by eminent domain. A separate
City Council Staff Report has been prepared to address the eminent domain process
with Back Bay Court Property Co.
Environmental Review:
Acquisition of real property is administrative in nature and is not subject to the California
Environmental Quality Act (CEQA) requirements. The construction of the Jamboree
Road Bridge Widening Over State Route 73 Project was determined to be exempt
pursuant to Section 15301 of the CEQA Implementing Guidelines.
Funding Availability:
There are sufficient funds available in the following accounts:
Account Description
Measure M Competitive (MPAH)
Transportation and Circulation
Prepared by:
Andy TraK
Senior Civil Engineer
Attachment:
Account Number
7284- C5100784
7261- C5100784
Total:
Submitted by:
Amount
$ 115,000.00
$ 6,000.00
$ 121,000.00
Right -of -Way Exhibit
Settlement Agreement (3 originals)
Easement Deed and Certificate of Acceptance
Temporary Construction Easement and Certificate of Acceptance
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APN: 442 - 282 -06, 07, 09 (SK Hart Bayview LLC)
TITLE REPORT NO: First American, O- SA- 2428340
PROJECT: Jamboree Road Bridge Widening Over State Route 73
SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY
INTERESTS AND JOINT ESCROW INSTRUCTIONS
This SETTLEMENT AGREEMENT FORACQUISITION OF REAL PROPERTY INTERESTS
AND JOINT ESCROW INSTRUCTIONS ( "Agreement ") is entered into this day of
2010 by and between the City of Newport Beach, a Municipal
Corporation (hereinafter called "Buyer "), and SK Hart Bayview LLC, a California Limited Liability
Company (hereinafter called "Seller') for acquisition by Buyer of certain real property and interests in
real property hereinafter set forth.
WHEREAS, Buyer desires to acquire certain easements and all of Seller's rights, interests
and title in and to a portion of Seller's real property for the Jamboree Road Bridge Widening Over
State Route 73 Project ( "Project "). The real property interests to be acquired herein are more
particularly described in the following attached Exhibits:
Easement Deed (for street, sidewalk, and other right -of -way purposes) with legal,
description and plat map attached, Certificate of Acceptance; Exhibit 1.
Temporary Construction Easement (for construction purposes) with legal description
and plat map attached, Certificate of Acceptance; Exhibit 2
WHEREAS, Seller desires to sell to Buyer the above described real property interests; and
WHEREAS, in compliance with the Eminent Domain Laws of the State of California, Buyer
has established an amount believed to be just compensation for such property interests and has
advised Seller of the basis for its determination of just compensation; and
WHEREAS, Seller has accepted Buyer's offer as fair and just compensation for such property
interests and acknowledges such compensation is no less than fair market value; and
WHEREAS, the easement deeds conveying such property interests have been executed and
delivered to Overland, Pacific & Cutler, Inc., the Real Property Agent representing the Buyer.
NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES
HERETO AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees
to purchase from Seller, upon the terms and for the consideration set forth in this Agreement
(hereinafter called "Agreement "), all that certain real property and easements (hereinafter
collectively "Property") situated in the City of Newport Beach, County of Orange, State of
California, and legally described as follows:
SEE EXHIBITS "1 "AND "2" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price of the Property, payable in cash through
escrow, shall be the sum of One Hundred Sixteen Thousand Dollars ($116,000.00).
3. CONVEYANCE OF TITLE,
3.1. Seller agrees to convey to Buyer by easement deed in the form of Exhibit 1, certain
real property interests to the real property described therein free and clear of all
recorded and unrecorded liens, encumbrances, assessments, easements, leases, and
taxes EXCEPT:
a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall
be cleared and paid in the manner required by Section 4986 of the Revenue and
Taxation Code, if unpaid at the close of this transaction.
b. Quasi - public utility, public alley, public street easements, and rights of way of record
(except rights in any such items conveyed under this Agreement).
c. Items numbered NONE in the above referenced preliminary title report issued by
First American Title Company dated June 5, 2006.
3.2. Seller further agrees to convey to Buyer, a temporary construction easement in, on,
over and above the portion of the Seller's Property depicted on the attached
Exhibit "2" and incorporated herein by this reference.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of the Exhibits 1 -2,
provide the Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of
$81,400 issued by First American Title Company showing the title to the real property
identified in Exhibit 1 vested in Buyer, subject only to the exceptions set forth in Paragraph
3.1 of this Agreement and the printed exceptions and stipulations in such policy. Buyer
agrees to pay the premium charged therefore.
5. ESCROW. Buyer agrees to open an internal escrow in accordance with this Agreement with
Overland, Pacific & Cutler, Inc. This Agreement constitutes the joint escrow instructions of
the Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby
empowered to act under this Agreement. The parties hereto agree to perform all acts
reasonably necessary to close this escrow in the shortest possible time.
Seller shall execute and deliver such easements as referenced in Paragraph 3, above, to
Escrow Agent concurrently with this Agreement. After opening of escrow, Buyer will deposit
executed Certificates of Acceptance with Escrow Agent. Buyer agrees to deposit the
purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with
Escrow Agent any additional instruments as may be reasonably necessary to complete this
transaction.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall be
made by check from such account.
6. ESCROW AGENT IS AUTHORIZED TO AND SHALL'
a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to
place title in the condition necessary to satisfy Paragraph 3 of this Agreement;
b. Pay and deduct from the amount shown in Paragraph 2 above, any amount
necessary to satisfy any delinquent taxes together with penalties and interest
thereon, and /or delinquent or non - delinquent assessments or bonds except those
which title is to be taken subject to in accordance with the terms of this Agreement,
c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this
Agreement, up to and including the total amount of unpaid principal and interest on
note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due
and payable in accordance with terms and conditions of said trust deed(s) or
mortgage(s) including late charges, if any, except penalty (if any), for payment in full
in advance of maturity, shall, upon demand(s) be made payable to the mortgagee(s)
or beneficiary(ies) entitled thereunder;
d. Pay and charge Buyer for all reasonable fees incurred in this transaction including
payment of reconveyance fees and forwarding fees for partial or full reconvenances
of deeds of trust or release or mortgage by Buyer;
e. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Paragraph 7 of this Agreement;
f. Disburse funds and deliver the easement deeds when conditions of this escrow have
been fulfilled by Buyer and Seller.
The term "close of escrow ", if and where written in these instructions, shall mean the date
necessary instruments of conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is authorized if necessaryor proper
in the issuance of the policy of title insurance.
All time limits within which any matter herein specified is to be performed may be extended
by mutual agreement of the parties hereto. Any amendment of, or supplement to, any
instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS
SOON AS POSSIBLE.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's
usual fees, charges, and costs which arise in this escrow.
8. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation
paid to Seller through this Agreement constitutes the full and complete settlement of any and
all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically
including, but not limited to, any and all damage to Seller's remainder Property by reason of
the acquisition of the Property or the installation of the improvement Project in the manner
proposed, the value of improvements pertaining to the realty, leasehold improvements, any
and all claims of rental or leasehold value and loss of business goodwill, any claim of Seller
for relocation benefits or assistance, and any and all claims in inverse condemnation and for
precondemnation damages, and any and all other claim that Seller may have, whether or not
specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the
Property. Seller and Buyer, and each and all of their individual collective agents
representatives, attorneys, principals, predecessors, successors, assigns, administrators,
executors, heirs, and beneficiaries, hereby release the other party, and each of them, from
any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies,
damages, causes of action, including without limitations those relating to just compensation,
damages, which any of them now have, or might hereafter have by reason of any matter or
thing arising out or in any way relating to Buyer's acquisition of the Property interests
described herein.
9. CONSTRUCTION CONTRACT AND CURATIVE WORK AND OTHER CONSIDERATION.
a. It is understood and agreed by and between the parties hereto in addition to the
compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or
assigns, shall perform the following construction contract items at the time of the
installation of the proposed Project:
i. The Buyer shall warranty all landscaping, palm trees, or irrigation systems
within the temporary construction easement area that are protected in place
by the Project for a period of six months after completion of Project.
b. It is agreed and confirmed by the parties hereto that notwithstanding other provisions
in this contract, the right of possession and use of the subject Property by the City,
including the right to remove and dispose of improvements, shall commence on July
1, 2010 or the close of escrow controlling this transaction, whichever occurs first, and
that the amount shown in Paragraph 2 herein includes, but is not limited to, full
payment for such possession and use, including damages of subject Property, if any,
from said date.
c. All work done under this Agreement shall conform to all applicable building, fire and
sanitary laws, ordinances, and regulations relating to such work, and shall be done in
a good and workmanlike manner. All structures, improvements or other facilities,
when removed, and relocated, or reconstructed by the City, shall be left in as good
condition as found.
d. City agrees to indemnify and hold harmless Seller from any liability arising out of
City's operations under this Agreement. City further agrees to assume responsibility
for any damages proximately caused by reason of City's operations under this
Agreement and City will, at is option, either repair or pay for such damage.
10. OTHER CONSIDERATIONS. Buyer will not require the Seller to replace the existing
landscaped setbacks. If redevelopment takes place in the future, Seller shall comply with the
City's codes /ordinances at the time of redevelopment.
11. PERMISSION TO ENTER ON PREMISES. It is understood and agreed that for Project
planning and funding purposes the Seller hereby grants to Buyer and authorized agents or
contractors, the right of possession to the area described in Exhibit " 1" and "2" to perform the
work described in Paragraph 9a. However, said right of possession and use shall not be
exercised prior to the Buyer, or Buyer's agent, providing Seller with a 48 -hour prior written
notice to perform the construction items listed in Paragraph 9a above.
The right to use the Property shall continue in effect for a period of three (3) months. Said
use shall begin from the date Buyer, or Buyer's agent, provides Seller with a 48 -hour prior
written notice. All efforts shall be made to complete the described work within the proscribed
period of time; however, extraordinary circumstances may occurwhich may require additional
time to complete the work (i.e. rain, labor dispute, shortage of materials). It is agreed that
should the actual use extend beyond the time period delineated above, and the occurrence is
verified through the contractor or City /State Project inspection logs, the Buyer agrees to pay
at the rate of $3,653.33 per month, prorated to the actual date of Buyer's termination of use.
It is further understood that in no event shall the Buyer's use of the Property exceed the early
of either the term of the temporary construction easement described above or the Project
completion date.
12. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in
possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or
invitees, and that there are no oral or written recorded or unrecorded leases or other
agreements concerning all or any portion of the Property exceeding a period of one month.
Seller further agrees to hold Buyer harmless and reimburse Buyer for any and all of its losses
and expenses occasioned by reason of any lease of such Property held by any tenant of
Seller for a period exceeding one month.
13. ACQUISITION UNDER THREAT OF EMINENT DOMAIN. Sellerand Buyer acknowledge that
this transaction is a negotiated settlement in lieu of condemnation. Seller acknowledges that
the sums received from Buyer under this Agreement constitute full payment of just
compensation under threat of eminent domain (including, but not limited to, compensation for
the fair market value of the real property taken, severance damages, improvements to the
realty, furniture, fixtures, equipment, the value of any leasehold interest, loss of inventory,
loss of business goodwill, relocation benefits and assistance, court costs, litigation expenses
and any interest which might be due on such matters). Seller acknowledges that the
amounts paid under this Agreement constitute the total amount due Seller, and that no
further payments are due, owing or payable. Seller waives any other claims it might have for
further payment or further compensation, including attorney's fees, costs and interest.
14.
Seller hereby
warrants, represents, and /or covenants to
a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal
proceedings, or any other proceedings affecting the Property or any portion thereof,
at law, or in equity before any court or governmental agency, domestic or foreign.
b. To the best of Seller's knowledge, there are no encroachments onto the Property by
improvements on any adjoining property, nor do any buildings or improvements
encroach on other properties.
c. Until the closing, Seller shall not do anything which would impair Seller's title to any of
the Property.
d. To the best of Seller's knowledge, neither the execution of this Agreement nor the
performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's Property may be bound.
Until the closing, Seller shall, upon learning of any fact or condition which would
cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
f. Seller, at the time of execution of this Agreement, is seized of the Property in fee
simple absolute and is the lawful owner of and has good, indefeasible title to the
Property.
15. HAZARDOUS WASTE. It is understood that the Property does not appear to contain
hazardous materials including but not limited to gasoline /oil storage tanks, fertilizer or
pesticide storage tanks, or any contaminant. However, should hazardous materials be found
to exist on the Property, the Buyer may exercise its right under existing law to bring an action,
if necessary, to recover clean -up costs from Seller or any other who are ultimately
determined to have responsibility for such hazardous materials condition of the Property.
Seller agrees to hold Buyer harmless and reimburse the Buyer for any and ail losses
occasioned by reason of the hazardous materials condition of the Property.
16. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the
Property complies with all applicable laws and governmental regulations including, without
limitation, all applicable federal, state, and local laws pertaining to air and water quality,
hazardous waste, waste disposal, and other environmental matters, including, but not limited
to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal,
Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject Property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the
State Water Resources Control Board, the Environmental Protection Agency, and all
applicable federal, state, and local agencies and bureaus.
17. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against
any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty,
punitive damage, or expense (including, without limitation, attorneys' fees), resulting from,
arising out of, or based upon (i) the presence, release, use, generation, discharge, storage,
or disposal of any Hazardous Material on, under, in or about, or the transportation of any
such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute,
ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation,
release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in,
or about, to or from, the Property. This indemnity shall include, without limitation, any
damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any
claim, action, suit or proceeding for personal injury (including sickness, disease, or death,
tangible or intangible property damage, compensation for lost wages, business income,
profits or other economic loss, damage to the natural resource or the environment, nuisance,
pollution, contamination, leak, spill, release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the date this escrow shall close.
Seller shall not be responsible for acts or omissions to act post close of this escrow.
18. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so
executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same instrument.
19. CONTINGENCY. It is understood and agreed between the parties hereto that the completion
of this transaction, and the escrow created hereby, is contingent upon the specific
acceptance and approval of the Buyer herein. The execution of these documents and the
delivery of same to Escrow Agent constitute such acceptance and approval.
20. NO BROKERS. Buyer and Seller each represents to the other that no brokers have been
involved in this transaction. Buyer and Seller agree to indemnify one another against any
claim, suits, damages and costs incurred or resulting from the claims of any person for any
fee or remuneration due in connection with this transaction pursuant to a written agreement
made with said claimant.
21. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in
accordance with the laws of the State of California. The parties consent to the jurisdiction of
the California Courts with venue in Orange County.
22. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall
apply to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto. Buyer may freely assign any or all if its interests or rights under this Agreement or
under the Escrow without the consent of Seller.
23. COOPERATION. Each party agrees to cooperate with the other in the closing of this
transaction and, in that regard, to sign any and all documents which may be reasonably
necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement
including, but not limited to, releases or additional agreements.
24. ENTIRE AGREEMENT, WAIVER AND MODIFICATION. This Agreement is the entire
Agreement between the parties with respect to the subject matter of this Agreement. It
supersedes all prior agreements and understandings, whether oral or written, between the
parties with respect to the matters contained in this Agreement. Any waiver, modification,
consent or acquiescence with respect to any provision of this Agreement shall be set forth in
writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any
party of any breach hereunder shall be deemed a waiver of any other or subsequent breach.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set
forth hereinabove.
Mailing address of Seller
630 East South Temple
Salt Lake City, UT 84102 -1102
Mailing Address of Buyer
Po Box 1768
Newport Beach, CA 92658 -8915
APPROVED AS TO FORM:
Office of the City Attorney
By:
Xynet&lBe-adeh Assistant City
Attorney 00
SELLER:
SK Hart Bayview LLC, a California Limited
Liability Company/
X1
By: 6,
By: /L!� re ;J- _ .�t� N\, lam.
1
BUYER:
The City of Newport Beach, a Municipal
Corporation
92
Keith Curry, Mayor
ATTEST TO:
By:
Leilani I. Brown, City Clerk
EXHIBIT 641"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA 92658
Attention: City Clerk
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
EASEMENT DEED
Orange County Assessor's Parcel Number: 442 - 282 -06, 07, 09 (Portion)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SK Hart Bayview LLC, a California Limited Liability Company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for public STREET AND UTILITY purposes and all other uses
appurtenant thereto in, on, over, under, and through the real property in the City of
Newport Beach, County of Orange, State of California described in Exhibit "A" and
shown on Exhibit "B °, which exhibits are attached hereto and by reference made a part
hereof.
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT -OF -WAY
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Lot 3 of Tract No. 12528 as shown on a map thereof filed in
book 551, Pages 38 through 41 of Miscellaneous Maps in the Office of the County Recorder of
said Orange County, described as follows:
BEGINNING at the northeasterly terminus of that certain course in the northwesterly right -of-
way of Jamboree Road shown as "North 40 °40'01" East 26.58 feet" on said Tract No. 12528;
thence along said northwesterly right -of -way South 40 °38'30" West 26.58 feet to the beginning
of a tangent curve concave southeasterly and having a radius of 1672.96 feet; thence along said
curve and said northwesterly right -of -way southwesterly 270.14 feet through a central angle of
09015'06" to an intersection with a non- tangent curve concave southeasterly and having a radius
of 1728.54 feet, a radial line of said curve from said intersection bears South 599237" East;
thence along said curve northeasterly 302.63 feet through a central angle of 10 °01'53" to said
northwesterly right -of -way of Jamboree Road; thence along said northwesterly right -of -way non-
tangent from said curve South 04 °21'13" East 7.74 feet to the POINT OF BEGINNING.
CONTAINING: 0.019 Acres, more or less.
EXHIBIT 1113" attached and by this reference made a part hereof
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BRISTOL STREET
SW'LY RIGHT -OF -WAY LINE
DATA TABLE
(SOUTH)
WILY RIGHT -OF -WAY LINE JAMBOREE ROAD
i
N49 °30'44 "W
Z
(RAD)
1
P.O.B.
RIGHT
N0. BRNG /DELTA RADIUS LENGTH
-- - - - - --
1 SO4 °21'13 "E -- 7.74'
2 S40 °38'30 "W -- 26.58'
( N40 °40'01 "E -- 26.58')
( PER TRACT NO. 12528 )
UNLESS OTHERWISE NOTED, ALL BEARINGS AND
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THE CALIFORNIA COORDINATE SYSTEM,
(CCS83) ZONE VI 1983 NAD (1991.35 EPOCH
GPS ADJUSTMENT). TO OBTAIN GROUND
DISTANCES DIVIDE DISTANCES SHOWN BY
0.99997352.
N
�Q.
SW'LY LINE LOT 3
MOST EASTERLY CORNER LOT 3
73'
S62 °21'55 "E
(RAD)
EXHIBIT T" � • p MOST SOUTHERLY CORNER LOT 3
SIO:MMA000MPANYA '� 1
1EMDESMOMMFOR ti� SHEET 1OF1SHEET
JAMBOREE! SR -73 OVERCROSSING REYISEDJANUARY2o, 2009
RIGHT -0F -WAY ALY 19, 2000
(A.P.N. 449M982-OA) RBF CONSULTING
CONTAINING: 0.019 ACRES±
mmms
Om
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o
O
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w
M
11 rJ �
M
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0
0
M
I
a
S59 °32'37 "E (R= 1728.54')
N58 °36'36 "W (R= 1672.96')
i
i
S62 °21'55 "E
(RAD)
EXHIBIT T" � • p MOST SOUTHERLY CORNER LOT 3
SIO:MMA000MPANYA '� 1
1EMDESMOMMFOR ti� SHEET 1OF1SHEET
JAMBOREE! SR -73 OVERCROSSING REYISEDJANUARY2o, 2009
RIGHT -0F -WAY ALY 19, 2000
(A.P.N. 449M982-OA) RBF CONSULTING
CONTAINING: 0.019 ACRES±
mmms
Om
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by the Easement Deed dated April 8, 2010 from SK Hart Bayview LLC, a
California Limited Liability Company to The City of Newport Beach, A Municipal
Corporation is hereby accepted on 2010, by the undersigned officer on
behalf of the City of Newport Beach pursuant to authority conferred by Resolution No.
92 -82 of the City Council adopted on July 27, 1992. The City consents to the
recordation of said document in the Office of the Recorder of Orange County, State of
California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
yn6deY. B a champ,
As Cit ttorney
ATTEST:
0
Leilani I. Brown,
City Clerk
State of California )
County of ORANGE )
CITY OF NEWPORT BEACH,
A Municipal Corporation
Keith Curry,
Mayor
On before me, , Notary Public, personally
appeared Keith Curry, 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 executed
the same in his authorized capacity(ies), and that by his signature on the instrument the person,
or the 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.
Signature
(Seal)
EXHIBIT "2"
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA
Attention: City Clerk 92658
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
Orange County Assessor's
Parcel Number: 442 - 282 -06, 07, 09
FULL[ ] PORTION [X J
TEMPORARY CONSTRUCTION
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SK Hart Bayview LLC, a California Limited Liability Company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for construction purposes in, on, over, under, and through the real
property in the City of Newport Beach, County of Orange, State of California described
on Exhibit "A" and shown on Exhibit "B ", which exhibits are attached hereto and by
reference made a part hereof.
This easement shall terminate upon the filing of a Notice of Completion for the
Jamboree @ SR73 Project or within two years of the date of this document shown
below.
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement
Deed to be executed as of this day of 2010.
M
M
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Lot 3 of Tract No. 12528 as shown on a map thereof filed in
book 551, Pages 38 through 41 of Miscellaneous Maps in the Office of the County Recorder of
said Orange County, described as follows:
COMMENCING at the northeasterly terminus of that certain course in the northwesterly right -
of -way of Jamboree Road shown as "North 40 °40'01" East 26.58 feet" on said Tract No. 12528;
thence along said northwesterly right -of -way South 40 °38'30" West 26.58 feet to the beginning
of a tangent curve concave southeasterly and having a radius of 1672.96 feet; thence along said
curve and said northwesterly right -of -way southwesterly 270.14 feet through a central angle of
09 °15'06" to an intersection with a non - tangent curve concave southeasterly and having a radius
of 1728.54 feet, a radial line of said curve from said intersection bears South 59 °32'37" East, said
intersection also being the TRUE POINT OF BEGINNING; thence along said curve
northeasterly 302.63 feet through a central angle of 10 °01'53" to said northwesterly right -of -way
of Jamboree Road; thence non - tangent from said curve, along said northwesterly right -of -way
and southwesterly right -of -way of Bristol Street through the following courses:
North 04 °21'13" West 33.96 feet; thence North 22 °31'27" West 12.34 feet; thence
North 49 °21'37" West 3.98 feet; thence leaving said southwesterly right -of -way of Bristol Sheet
South 01'22'32" East 43.34 feet to a point on a non - tangent curve concave southeasterly and
having a radius of 1738.54 feet, a radial line of said curve from said point bears
South 49 135'51" East; thence along said curve southwesterly 301.80 feet through a central angle
of 09 °56'46" to a point of compound curvature with a curve concave southeasterly and having a
radius of 2672.99 feet, a radial line of said curves from said point bears South 59 °32'37" East;
thence along said curve southwesterly 107.91 feet through a central angle of 02 °18'47" to the
southwesterly line of said Lot 3; thence non - tangent from said curve, along said southwesterly
line South 49 °1837" East 9.78 feet to a point in said northwesterly right -of -way of Jamboree
Road, said point being on a non - tangent curve concave southeasterly and having a radius of
1672.96 feet, a radial line of said curve from said point bears South 62 °21'55" East; thence along
said curve and said northwesterly right -of -way northeasterly 109.65 feet through a central angle
of 03 °45'19" to the TRUE POINT OF BEGINNING.
CONTAINING: 0.101 Acres, more or less.
v KURT R.
TROXELL
k 7854
t (f1 VaUd Through Q'
Kurt R. troxell, PLS 7854 Date, q nr rm.�F4�/
ri:`. r, Ga:aU010S1141gC ^i. ^.::ega!A4::4 Lrr 31ce.doc
BRISTOL STREET 1 (SOUTH)
(A
SW'LY RIGHT -OF -WAY LINE
'S2 W \`
SD1
S49'35'51'EJ /
(RAD)
10
TCE
DATA TABLE
N0. BRNG /DELTA RADIUS LENGTH
1 SO4 °21'13 "E -- 7.74'
2 S40 °38'30 "W -- 26.58'
( N40 °40'01 "E -- 26.58')
( PER TRACT NO. 12528 )
3 N22 031'27 "W -- 12.34'
4 N49 421'37 "W -- 3.98'
5 S49 °18'37 "E -- 9.78'
UNLESS OTHERWISE NOTED, ALL BEARINGS AND
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THE CALIFORNIA COORDINATE SYSTEM,
(CCS83) ZONE VI 1983 NAD (1991.35 EPOCH
GPS ADJUSTMENT). TO OBTAIN GROUND
DISTANCES DIVIDE DISTANCES SHOWN BY
0.99997352.
ti0
JO
0
S59*.32'37 '�
NW'LY RIGHT -OF -WAY LINE JAMBOREE ROAD
N49 630'44 "W�
(RAD)
- P.O.C. I
MOST EASTERLY CORNER LOT 3
73'
0
Q
(RAD) P.C.C. "�•�;
ib.N co Tc�-
��
°E
N61 °51'24 "W\ 1
SW'LY LINE LOT 3 -�, (RAD)
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a S59 °32'37 "E (R= 1728.54')
/ N58 °36' 36N (R= 1672.96')
/
T.P.O.B.
EXHIBIT °A"
SKETCH TOACCOMPANYA �.
I EAN. DESCRIPWN FOR
JAMBOREE / BR-73 OVERCROSSING
TEMPORARY CONSTRUCTION EASEMENT
(A.P.N.442- 292 -09)
I CONTAINING: 0.101 ACRES t
�o
�n
lam ?5
S62 °21'55 "E
"' (RAD)
1
5 MOST SOUTHERLY CORNER LOT 3
ti SHEET 2 OF 2 SHEETS
REVISED JANUARY 20.2009
JULY 19. 2009
Par CONSULTING
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SW'LY LINE LOT 3 -�, (RAD)
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a S59 °32'37 "E (R= 1728.54')
/ N58 °36' 36N (R= 1672.96')
/
T.P.O.B.
EXHIBIT °A"
SKETCH TOACCOMPANYA �.
I EAN. DESCRIPWN FOR
JAMBOREE / BR-73 OVERCROSSING
TEMPORARY CONSTRUCTION EASEMENT
(A.P.N.442- 292 -09)
I CONTAINING: 0.101 ACRES t
�o
�n
lam ?5
S62 °21'55 "E
"' (RAD)
1
5 MOST SOUTHERLY CORNER LOT 3
ti SHEET 2 OF 2 SHEETS
REVISED JANUARY 20.2009
JULY 19. 2009
Par CONSULTING
H:\PDATA\ 10104114 \MU\ MAPPING \E#1On \411 -E%- 3TCC.DNG 9 ARRIS 1/20/00 2:41 pm
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA
Attention: City Clerk 92658
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code Section 6103 Pursuant to R &T Code § 11922
Orange County Assessor's
Parcel Number: 442- 282 -06, 07, 09
FULL[ ] PORTION [X ]
(Space above this line for Recorder's use)
TEMPORARY CONSTRUCTION
EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SK Hart Bayview LLC, a California Limited Liability Company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for construction purposes in, on, over, under, and through the real
property in the City of Newport Beach, County of Orange, State of California described
on Exhibit "A" and shown on Exhibit "B ", which exhibits are attached hereto and by
reference made a part hereof.
This easement shall terminate upon the filing of a Notice of Completion for the
Jamboree @ SR73 Project or within two years of the date of this document shown
below.
IN WITNESS WHEREOF, the Grantor hereto has caused this Easement
Deed to be executed as of this e day of AP);, 1 2010.
0
M
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Lot 3 of Tract No. 12528 as shown on a map thereof filed in
book 551, Pages 38 through 41 of Miscellaneous Maps in the Office of the County Recorder of
said Orange County, described as follows:
COMMENCING at the northeasterly terminus of that certain course in the northwesterly right -
of -way of Jamboree Road shown as "North 40 °40'01" East 26.58 feet" on said Tract No. 12528;
thence along said northwesterly right -of -way South 40 °38'30" West 26.58 feet to the beginning
of a tangent curve concave southeasterly and having a radius of 1672.96 feet; thence along said
curve and said northwesterly right -of -way southwesterly 270.14 feet through a central angle of
09'15'06" to an intersection with a non - tangent curve concave southeasterly and having a radius
of 1728.54 feet, a radial line of said curve from said intersection bears South 59 °32'37" East, said
intersection also being the TRUE POINT OF BEGINNING; thence along said curve
northeasterly 302.63 feet through a central angle of 10 °01'53" to said northwesterly right -of -way
of Jamboree Road; thence non - tangent from said curve, along said northwesterly right -of -way
and southwesterly right -of -way of Bristol Street through the following courses:
North 04 021113" West 33.96 feet; thence North 22 131'27" West 12.34 feet; thence
North 49 021'37" West 3.98 feet; thence leaving said southwesterly right -of -way of Bristol Street
South 01 °22'32" East 43.34 feet to a point on a non - tangent curve concave southeasterly and
having a radius of 1738.54 feet, a radial line of said curve from said point bears
South 49°35'51" East; thence along said curve southwesterly 301.80 feet through a central angle
of 09 °56'46" to a point of compound curvature with a curve concave southeasterly and having a
radius of 2672.99 feet, a radial line of said curves from said point bears South 59 °32'37" East;
thence along said curve southwesterly 107.91 feet through a central angle of 02 °18'47" to the
southwesterly line of said Lot 3; thence non- tangent from said curve, along said southwesterly
line South 49 118'37" East 9.78 feet to a point in said northwesterly right -of -way of Jamboree
Road, said point being on a non - tangent curve concave southeasterly and having a radius of
1672.96 feet, a radial line of said curve from said point bears South 62 °21'55" East; thence along
said curve and said northwesterly right -of -way northeasterly 109.65 feet through a central angle
of 03 °45`19" to the TRUE POINT OF BEGINNING.
CONTAINING: 0.101 Acres, more or less.
\,NND
KURT R.
TROXEI.I.
p� 7854
Kurt R. roxell, PLS 7854 Date
u; \MzzUO!pat taW.(!minVegeLdet !a- LCL- 3tce.d x
�rt BRISTOL STREET (SOUTH)
� n
SW'LY RIGHT -OF -WAY LINE
\
501 22g2 �K A� �a
/
/
S49°35'5 1"E/ /
(RAD)
TCE - --
DATA TABLE
N0. BRNG /DELTA RADIUS LENGTH
1 SO4 921'13 "E -- 7.74'
2 S40 °38'30 "W -- 26.58'
( N40 °40'01 "E -- 26.58')
( PER TRACT NO. 12528 )
3 N22 431'27 "W -- 12.34'
4 N49 °21'37 "W -- 3.98'
5 S49 °18'37 "E -- 9.78'
UNLESS OTHERWISE NOTED, ALL BEARINGS AND
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THE CALIFORNIA COORDINATE SYSTEM,
(CCS83) ZONE VI 1983 NAD (1991.35 EPOCH
GPS ADJUSTMENT), TO OBTAIN GROUND
DISTANCES DIVIDE DISTANCES SHOWN BY
0.99997352.
y0
—„4 -
�A
S4D NW'LY RIGHT -OF -WAY LINE JAMBOREE ROAD
�49 °30'44 "WI
(RAD)
rP.7p3
O.C.
MOST EASTERLY CORNERLOT 3
10
S59 *_32'37 "�E, /
Q N
0
0
M
a S59 °32'37 "E (R= 1728.54')
/ N58°36 36 "W .(R= 1672.96')
/
/
T.P.O.B. 1
(RAO) P.C.C. -n ,1
SW'LY LINE LOT 3
EXHIBIT "A"
SIQ:"70A0CWMlYA �.
U Ma DESCRR FOR
JAMBOPM I SR-73 GVERCROSSING
TEMPORARYCONSTRUCTION EASEMENT
MP.N.4Q- 252-00)
I CONTAINING: 0.101 ACRES i
ao�rn
1 a
N61 °51'24 "W
(RAn)
0
S62 °21'55 0E
(RAD)
5 MOST SOUTHERLY CORNER LOT 3
o'� a �
SHEET20F2SHEETS
REVISED MJARY 20, 2008
XLY 10, 20M
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a S59 °32'37 "E (R= 1728.54')
/ N58°36 36 "W .(R= 1672.96')
/
/
T.P.O.B. 1
(RAO) P.C.C. -n ,1
SW'LY LINE LOT 3
EXHIBIT "A"
SIQ:"70A0CWMlYA �.
U Ma DESCRR FOR
JAMBOPM I SR-73 GVERCROSSING
TEMPORARYCONSTRUCTION EASEMENT
MP.N.4Q- 252-00)
I CONTAINING: 0.101 ACRES i
ao�rn
1 a
N61 °51'24 "W
(RAn)
0
S62 °21'55 0E
(RAD)
5 MOST SOUTHERLY CORNER LOT 3
o'� a �
SHEET20F2SHEETS
REVISED MJARY 20, 2008
XLY 10, 20M
F.r!zs ��F,C- ;•yxsrr�
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The City of Newport Beach
PO Box 1768
Newport Beach, CA 92658
Attention: City Clerk
Exempt from Recording Fee
Pursuant to Government Code Section 6103
Exempt from Documentary Transfer Tax
Pursuant to R &T Code § 11922
(Space above this line for Recorder's use)
EASEMENT DEED
Orange County Assessor's Parcel Number: 442 - 282 -06, 07, 09 (Portion)
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SK Hart Bayview LLC, a California Limited Liability Company
HEREBY GRANTS TO
THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION
an easement for public STREET AND UTILITY purposes and all other uses
appurtenant thereto in, on, over, under, and through the real property in the City of
Newport Beach, County of Orange, State of California described in Exhibit "A" and
shown on Exhibit "B ", which exhibits are attached hereto and by reference made a part
hereof.
IN WITNESS WHEREOF, the grantor
executed as of�this —9 day ofq
M
Khosrow B. Semnani,
Manager of SK Hart Properties, LC,
Manager of SK Hart Bayview, LLC
State of Utah )
County of SALT LAKE )
has caused this Easement Deed to be
l .2010.
On AR'A T, rqDl O before me, ueo}k"s i3o"en , Notary Public, personally appeared
Khosrow B. Semnani, 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 executed the same in his
authorized capacity(ies), and that by his signature on the instrument the person, or the entity upon behalf
of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of Utah that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY
That certain parcel of land situated in the City of Newport Beach, County of Orange, State of
California, being that portion of Lot 3 of Tract No. 12528 as shown on a map thereof filed in
book 551, Pages 38 through 41 of Miscellaneous Maps in the Office of the County Recorder of
said Orange County, described as follows:
BEGINNING at the northeasterly terminus of that certain course in the northwesterly right -of-
way of Jamboree Road shown as "North 40 °40'01" East 26.58 feet" on said Tract No. 12528;
thence along said northwesterly right -of -way South 40 038'30" West 26.58 feet to the beginning
of a tangent curve concave southeasterly and having a radius of 1672.96 feet; thence along said
curve and said northwesterly right -of -way southwesterly 270.14 feet through a central angle of
09 °15'06" to an intersection with a non - tangent curve concave southeasterly and having a radius
of 1728.54 feet, a radial line of said curve from said intersection bears South 59 132'37" East;
thence along said curve northeasterly 302.63 feet through a central angle of 10 °01'53" to said
northwesterly right -of -way of Jamboree Road; thence along said northwesterly right -of -way non -
tangent from said curve South 04 °21'13" East 7.74 feet to the POINT OF BEGINNING.
CONTAINING: 0.019 Acres, more or less.
EXHIBIT °°B" attached and by this reference made a part hereof
�Prou SG
y v�� KURT R.
TROXELL
Kurt R. Troxell, PLS 7 54 Date
7854
Vafd TMWh
12/312010
H.Apda kl0104114 Wdmin\lcgals\4114- LGL-3row.doc
CL BRISTOL STREET (SOUTH)
SW'LY RIGHT -OF -WAY LINE
RIGHT -OF -WAY
DATA TABLE
OBRNG /DELTA RADIUS LENGTH
i SO4 °21'13 "E -- 7.74'
2 S40 438'30 "W -- 26.58'
( N40 °40'01 "E -- 26.58')
( PER TRACT NO. 12528 )
UNLESS OTHERWISE NOTED, ALL BEARINGS AND
DISTANCES IN THIS DESCRIPTION ARE GRID
BASED ON THE CALIFORNIA COORDINATE SYSTEM,
(CCS83) ZONE VI 1983 NAD (1991.35 EPOCH
GPS ADJUSTMENT). TO OBTAIN GROUND
DISTANCES DIVIDE DISTANCES SHOWN BY
0.99997352.
lb
IO
�O•
�lz�b
SW'LY LINE LOT 3--\
EXHIBIT 'B'
sMICHroACOOMPANYA tis�
LMDESCRKIONPOR
JAMBOREE / SR -73 OVERCROSSING
RIGHT -0FWAY
(/UP.N.442 -282 )
CONTAINING, 0:019ACRESt
-NW'LY RIGHT -OF -WAY LINE JAMBOREE ROAD
N49' 30' 44_W j
) (RAD)
� P.O,B.
�- MOST EASTERLY CORNER LOT 3
73'
562'21'55 "E1 1
(RAD) 1
MOST SOUTHER CORNER LOT 3
SIFT 1 OF I SHEET
REVISEDJANUARY20, 2009
JULY 19, 2008
M: \MATH\ 101"114 \CA00\NAPPW4\W MTSN4,14- E% -]A".M %iMII5 1/34/091:M"
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N58'36 36 "W
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562'21'55 "E1 1
(RAD) 1
MOST SOUTHER CORNER LOT 3
SIFT 1 OF I SHEET
REVISEDJANUARY20, 2009
JULY 19, 2008
M: \MATH\ 101"114 \CA00\NAPPW4\W MTSN4,14- E% -]A".M %iMII5 1/34/091:M"
CERTIFICATE OF ACCEPTANCE
This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property
conveyed by the Easement Deed dated April 8, 2010 from SK Hart Bayview LLC, a
California Limited Liability Company to The City of Newport Beach, A Municipal
Corporation is hereby accepted on 2010, by the undersigned officer on
behalf of the City of Newport Beach pursuant to authority conferred by Resolution No.
92 -82 of the City Council adopted on July 27, 1992. The City consents to the
recordation of said document in the Office of the Recorder of Orange County, State of
California.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: , /
ynet D. Bo champ,
Assistant City orney16 V
ATTEST:
Leilani I. Brown,
City Clerk
State of California )
County of ORANGE )
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Keith Curry,
Mayor
On before me, , Notary Public, personally
appeared Keith Curry, 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 executed
the same in his authorized capacity(ies), and that by his signature on the instrument the person,
or the 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.
Signature