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HomeMy WebLinkAbout16 - Jamboree Road Bridge Widening Over State Route 73CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 16 September14, 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 3901 MACARTHUR BLVD., LLC ISSUE: In order to construct the Jamboree Road Bridge Widening over State Route 73 project, a portion of real property is required from 3901 MacArthur Blvd., LLC. Staff has reached an agreement with this property owner in the amount of the just compensation value as shown in the appraisal. A fully executed Settlement Agreement is needed in order to record this real property acquisition and proceed with escrow. RECOMMENDATION: 1. Approve the Settlement Agreement with 3901 MacArthur Blvd., 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. 2. Authorize staff to open an Escrow account and make the necessary payment to complete the transaction. 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. Jamboree Rd. Bridge Widening — Approval of Settlement Agreement with 3901 MacArthur Blvd., LLC September 14, 2010 Page 2 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 Settlement Agreement with SK Hart Bayview, LLC (former Downey Savings and Loans) was executed on June 8, 2010. The Easement Deed has been recorded by the County of Orange. A formal property appraisal for 3901 MacArthur Blvd., LLC (Newport Lexus) was completed in November 2009. On February 1, 2010, an initial offer was made in the amount of $110,000.00 which was the just compensation amount as determined by the appraisal. As part of negotiations, City staff agreed to an additional $29,452.00 for the reconstruction of the landscape and irrigation improvements by the property owner's landscape contractor. This portion of landscape and irrigation improvements was originally part of the City's construction contract as it will be impacted by the City's construction activities. The total compensation amount is therefore $139,452.00. The Settlement Agreement along with the Easement Deed and Temporary Construction Easement has been executed by 3901 MacArthur Blvd, LLC and are attached. In addition to the $139,452.00, 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. 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. PUBLIC NOTICE: Public notification is not required for real property acquisition. FUNDING AVAILABILITY: There are sufficient funds for this property acquisition available in the following account: Account Description Account Number Amount Transportation and Circulation 7261- C5100784 $ 144,452.00 Total: $ 144,452.00 Jamboree Rd. Bridge Widening — Approval of Settlement Agreement with 3901 MacArthur Blvd., LLC September 14, 2010 Page 3 Prepared by: Submitted by: ndy Tr 4 n, P.E. t en m . Badu K&-/Senior Civil Engineer �blic Works Director Attachment: Exhibit 1 - Settlement Agreement (2 originals) Exhibit 2 - Easement Deed and Certificate of Acceptance Exhibit 3 - Temporary Construction Easement Exhibit 4 - Right -of -Way Exhibit Exhibit 5 — Owners Cost Proposal to Re- Construct Frontage Landscape Exhibit 1 APN: 427 - 241 -14 (3901 Mac Arthur Blvd., LLC) TITLE REPORT NO: Stewart Title, 258133 PROJECT: Jamboree Road Bridge Widening Over State Route 73 SETTLEMENT AGREEMENT FOR ACQUISITION OF REAL PROPERTY INTERESTS AND JOINT ESCROW INSTRUCTIONS This SETTLEMENTAGREEMENT 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 3901 Mac Arthur Blvd., 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: i. Easement Deed (for street, sidewalk, and other right -of -way purposes) with legal description and plat map attached, Certificate of Acceptance; Exhibit 1. ii. Temporary Construction Easement (for construction purposes) with legal description and plat map attached; 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 thisAgreement (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 Thirty Nine Thousand Four Hundred and Fifty Two Dollars ($139,452.00). 3. CONVEYANCE OF TITLE. 3.1. Seller agrees to convey to Buyer by easement deed in the form of Exhibit "'I", 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 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, and 13 in the preliminary title report issued by Stewart Title of California Company for the larger parcel owned by Seller and dated as of October 2, 2009 (Order No. 258133). 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 $94,550 issued by Stewart Title of California 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 Agreementwith 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 necessary or 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 CLOSEAS 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 anyand all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, 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 tojust 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. Buyer shall remove a portion of the existing block wall between APN: 427- 241-14 and APN: 427 - 241 -09 and refinish newly exposed wall surfaces as shown on the contract drawings Sheet L -2A ii. Buyer shall perform all Project work as shown on the construction drawings prepared by RBF Consulting plans dated March 18, 2009. iii. Seller will be added to the contractor's liability insurance as additional insured for the duration of the temporary construction easement b. It is understood and agreed by and between the parties hereto that the compensation paid to Seller through thisAgreement includes the value of and cost to relocate, reconstruct, and /or refurbish existing landscape and irrigation improvements impacted by the Buyer's construction activities as outlined in the attached Exhibit "3" (Frank Torres Construction Quote dated April 6, 2010). It is also understood that the $5,000 contingency fund as identified in Exhibit "3" is only to be used to cover unforeseen conditions related to the original landscape and irrigation scope of services. The Seller shall refund any and all unused contingency funds to the Buyer at the completion of the work. c. 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. d. 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. e. 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. Access to the temporary construction easement area and all work done under this Agreement shall be done from the street side. 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 Exhibits " 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 occur which may require additional time to complete the work (i.e. rain, acts of god, labor dispute, shortage of materials, etc.). It is agreed that should the actual use extend beyond the time period delineated above, the Buyer agrees to pay the Seller $1,800.00 per calendar day except when the delay is caused by either rain or any acts of god. In which case, the Buyer will be allowed additional working days at no cost to the Buyer. The number of additional working days will be equal to the number of days delayed by either rain or any acts of god. It is further understood that the Temporary Construction Easement shall terminate upon the earlier of 1) substantial completion of the improvements, or 2) December 15, 2012. 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, except the existing lease with DWWTL. 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. Seller and 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. Sellerwaives any other claims it might have for further payment or further compensation, including attorney's fees, costs and interest. 14. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Seller hereby warrants, represents, and /or covenants to Buyer that: 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. e. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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 byany party of any breach hereunder shall be deemed a waiver of anyother orsubsequent breach. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. Mailing address of Seller 1400 N. Tustin Street Orange, CA 92867 -3902 Mailing Address of Buyer P.O. Box 1768 Newport Beach, CA 92658 -8915 APPROVED AS TO FORM: Office of the City Attorney By: yn t I3eaucha p, ssis tant City Attorney 4 SELLER: 3901 MacArthur Blvd., LLC, a California Limited Liability Company By: >L 0 BUYER: The City of Newport Beach, a Municipal Corporation By: Keith Curry, Mayor ATTEST TO: By Leilani I. Brown, City Clerk Exhibit 2 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: 427 - 241 -14 (Portion) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 3901 Mac Arthur Blvd., 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 hereto has caused this Easement Deed to be executed as of this day of 2010. 0 *Signatures must be acknowledged by a notary public CERTIFICATE OF ACCEPTANCE This CERTIFICATE OF ACCEPTANCE is to certify that the interest in real property conveyed by that certain Easement Deed from 3901 Mac Arthur Blvd., LLC, a California limited liability company to the City of Newport Beach, a municipal corporation, 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: yne Beau h mp, Assistant City At torney ATTEST: By: Leilani I. Brown, City Clerk State of California County of ORANGE )' CITY OF NEWPORT BEACH, A Municipal Corporation 2 Keith Curry, Mayor On before me, Notary Public, 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 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) RXHIBIT "A" LEGAL DESCRIPTION RIGHT -OT -WAY That certain parcel of land situated in the City of Newport Beach, County of Orange, State of California, being that portion of Parcel 1 of City of Newport lleach Lot Line Adjustment No. LA 2005 -008 recorded .Ianuary 26, 2006 as Instrument No. 2006000060410 of Official Records in the Office of the County Recorder, of said Orange County, described as 'follows: BEGINNING at the most southerly corner of said Parcel I of Lot Line Adjustment No. LA 2005 -008 thence along the southwesterly line of said Parcel 1 North 49012'06" West IO.10 feet to a point on a non - tangent curve concave northwesterly and having a radius of 240.08 feet„ a radial line of said curve from said point bears North 40 °31`41" West thence along said curve nottlrcasterly 31.56 feet through a central angle of 97 °31'52'"; thence:non-tangent from said can c South 48 °03'32" East 1.00 feet; thencoNortb 41 °56`27" East 255.99 feet to a point; in that certain course on the northwesterly right of -way of Jamboree Road shown as "North 39 °2648" East 268.60"` on said Lot Line Adjustment; said point being distant thereon South :i9 °26'27" West 107.51 feet from the northeasterly tennums thereof; thence along said northwesterly right -o€ -way South 39 °26'-27` West 161.08 feet and South 4105619-711 West 126.29 feet to the POINT OF B3EGINN rNG. CONTAINING: 0.035 Acres, mono or less. )K X BIT "B" attached and by this refet4wce made a part hereof- Kurt R. Troxall, PLS 7854 Date - n:\ pdata\ rg19- 411% idininUegalsl4(!4- LGL2ms;:daa DATA TABLE E) BRNG/DELTA RADIOS LENGTH --------------------------------- 1 N'49*22'06"W -- 10.10: 2 W31'52" 240.08' 31.56 3 S48*03'32"E -- 1.00, UNLESS OTHERWISE NOTED, ALL BEARINGS AND DISTANCES IN THIS DESCRIPTION ARE GRID BASED ON THE CALIFORNIA COORDINATE SYSTEM, (CfS83) ZONE VI 1983 NAD (1991.35 EPOCH GPS ADJUSTMENT). —10 OBTAIN GROUND DISTANCES DIVIDE DISTANCES SHOWN BY 6.99997352. PARCEL I L.L.A. NO. LA 2005-008 INST. No. 2006000050410, OR RIGHT-OF-WAY \\548'V3X'E (FAD') - w DETAIL N.T.S. N40*31'411 5W'LY LK RARCE�� 1 .� (RA-6-) I OT 2 TRACT NO. 1694 EXHIBIT 71�n TRACT MIC 290. / 27-29 SWMT4AWQPiWA Lt%LDtSWPWNWR ,JAM80REF—f8k-130VERCR680fNG FUGHT-OF•WAY GONTAJNINGs 0.035 ACRE$ ± o VARIES O 0 L 'd L wv am Luj u w 0 m 9% CORNER PARCEL 1 sKEu I oF 1 mctr ,RMEO'dMUARY2D,M JULY 1%,200 Exhibit 3 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 Pursuant to Government Code Section 6103 Orange County Assessor's Parcel Number: 427 - 241 -14 FULL [ ] PORTION [X ] Exempt from Documentary Transfer Tax Pursuant to R &T Code § 11922 (Space above this line for Recorder's use) TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 3901 Mac Arthur Blvd., 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 'Signatures must be acknowledged by a notary public EXHIBIT "A" LEGAL DESCRIPTION TEA'IPORARY CONSTRUCTION EASEMENT That certain parcel of land situated in the City of Newport Beaeh, County of Orange, State of California, beingthat portion of Parcel l of City of Newport Beach Lot Line Adjustment No. LA 2005 -009 recorded January 26, 2006 as Instrument No. 200600006041,0 of Official Records in the Offree of the County Recorder of said Orange County, described as follows: BEGINNING at a point in the southwesterly line of said Parcel 1 of Lot Line Adjustment No. LA 2005 -008, distant thereon North 49 022'06" Wot 10.10 feet from the most southerly comer thereof, said point being on a non - tangent cone concave northwesterly and having a radius of MOM feet, a radial line of said curve from said point bears North 40 °31'41 West; thence along said cucUe norther terly 3 L56 Feel through a central angle of 07031'52"; thence non-tangent ftcna said curve South 486U32" East 1.00 feet; thence North 41 °56'27" East 255.99 feet to a point in that certain course on the northwesterly right-of-way of Jamboree Road shown as "North 39 026"48" East 268.:60 "` on said Lot Line Adjustment, said point being distant thereon South 39°26'27" West 107.51 feet froni the northeasterly terminus thereof; thence along said northw,eterly.riglit- of -w,ay North 39 °26'27 " East :5$ 92 feet; thence North 48 °04'442" West 8.54 feet; thence5outh40051176" West 58.87 feet; thence Sout44165617" West 255.99 feet; thence South 53 909'17" West 34.23 feet to said southwesterly line of said Parcel 14 thence along said southwesterly lineSoUth 49 022 "06" East 1932 feet to the POINT OF BEG' INNING. CONTAINING: 082 Acres, more of less. r� its /-�q KuI# R. Traxell,LS 754 Date 1LW, atak10J0,n74LA66Vee,4Vr WLGI Rcedoc DATA TABLE 9 BRNG/0ELTA RADIUS LENGTH ---------------------------------- I N49*22'06"W -- 10.10• 2, 07*31'52" 240.08' 31.56 3 S48*03'32"E -- 1.00 4 N48*04'42"W 8,54 a S49'22'06"E 19,32 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 GPSADJUSTkIENT). TO OBTAIN GROUND DISTANCES DIVIDE DISTANCES SHOWN BY 0.99997352. PARCEL I L.L.A. NO. U 9005�-008 INS-r' No. woocioo6ulo' O.R. DETAIL N.T.5. S,W'LY LINE PARCEL 1 LQ-F 2 TRA& NO. �'&§4 SHOW "A" M ,M, M4 / V-2,0 , 1 11 8116m, I lk" HOW �w' JAMROKK I , 811-73 OVERCROSS 1 196 Te I MPORA RY " CQ NS I OCTION EASEMENT (,kRN. 40*4-14) 1 TR TOE Lu ig 0 CORNER PARCEL I 8HEEr2QF2AHWrS AMR0 JANVARY20.2P JULY11%'m 242 � w VARIES 00 J It - cq �j Lu ig 0 CORNER PARCEL I 8HEEr2QF2AHWrS AMR0 JANVARY20.2P JULY11%'m 242 � Exhibit 4 a 1 a a. P n C .s Fit / 4� 1 \ i _ _ -_ _ _- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MSC _ Y y k L •�:_ pax�m � 14 - 4 ti `rte _ It 4 . is 1 t]1' • 1r :2 d -. 1 1- .. €k��' � Il F�[�l °ii: 1 3 t :.. y P o It I i•: ,* E • '`F 1X A y� - �� -;rr �� �� f•'� "� �� yam, ° _ L E li'LFKI ULL ^„d ` Ij[0.il 166 SCALE: 1° = 200' 0' 100 200 300 400 Aa lk OC 4 r t 5 r a y .ir 4 .. c -xxxx Exhibit 5 April 6, 2010 City of Newport Beach Attn: Mr. Andy Tran Trunk Torres 'Consiruction ft'REVISED PROPOSAL RE: NEWPORT LEXUS 3901 MACARTHUR BLVD, NEWPORT BEACH CALIFORNIA 92660 LANDSCAPE REPAIRS — AFTER ROAD WIDENING Dear Mr. Tran, We are pleased to submit for you approval, our 2nd revised proposal to provide all labor, materials, tools and equipment necessary to accomplish the work described herein at the above referenced project. Our proposal is based on onsite meeting with Mr. Andy Tran on 3/9/10 and includes the following: I. LANDSCAPE REPAIRS — AFTER ROAD WIDENING • Upon completion of the city's street widening, affected arrears to be received within 3" of new final grade • Fine grade, feather into existing sod areas, import soil amendments and prepare for new sod • Remove sections of additional sod for feathering • Relocate, modify and repair affected irrigation system as required • Install approximately 6050 square feet of new Marathon II sod • 12 — Each 5 gallon `Buxus Japonica" for planter PLANTER NEAR PROPERTY LINE Modify existing concrete mow strip — demo section and replace approximately 11 lineal feet of new curved concrete mow strip, this modification will increase the size of the planter 23600 ,El Toro Rd, Suite D # 333 • Lake Forest CA 92630 • (949) 951 0293 State Contractor's License # 375990 Modify irrigation as required Remove affected plants in planter near property wall on 10' construction easement prior to commencing street widening project by city. Frank Torres construction will dig up and can approximately 118 — Each 5 gallon "Day Lilies ". We will then transport them to our yard and care for these plants for approximately 90 days. Upon completion of the project, we will return plants and replant. We will also supply an additional 24 — Each 5 gallon "Day Lilies ", to be planted for new increased planter. All necessary labor, parts and equipment as required ALL OF THE ABOVE DISCUSSED WORK COMPLETE FOR THE SUM OF $ 24,452.00 CONTINGENCY AS REQUSTED $ 5,000.00 TOTAL AMOUNT INCLUDING CONTINGENCY $ 29,452.00 PLEASE NOTE • The City's construction contractor will only perform grading within the temporary construction easement (TCE). All necessary work beyond the TCE limits is included with this proposal. • This proposal includes a 90 -day plant establishment and maintenance period. All plant materials and irrigation system damaged during this period shall be repaired and/or replaced at landscape contractor's expense. • All items as listed above per meeting with Mr. Andy Tran • Anything not listed above is not included • Our quote is based on a quality and premium installation per standard required by Newport Lexus. We have made no provisions for any special requirements that may be required by the City of Newport Beach and any other governing agencies. TERMS PAYMENT IN FULL UPON COMPLETION 23600 El Toro Rd. Suite D # 333 • Lake Forest CA 92630 • (949) 951 0293 State Contractor's License N 375990 THE FOLLOWING EXCLUSIONS APPLYEXCEPT WHERE NOTED ABOVE Any special requirements from governing agencies. Deputy inspectors. Soils reports or any work related. Homeowners association fees. Site power and /or utilities. Anything not listed above is not included. We appreciate the opportunity to bid this project and hope that you will find our proposal acceptable. Sincerely, FRANK TORRES CONSTRUCTION Frank Torres FT /dt 23600 El Toro Rd, Suite D # 333 • Lake Forest CA 92630 • (949) 951-0293 State Contractor's License # 375990