HomeMy WebLinkAbout10 - Birch Street Extention Aquisition, PA2012-011CITY OF
NEWPORT BEACH
C9C /Fp0.N`P City Council Staff Report
Agenda Item No. 10
February 28, 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Stephen G. Badum, Public Works Director
949 - 644 -3311, sbadum(a)newportbeachca.gov
Community Development Department
Kimberly Brandt, AICP, Director
949 - 644 -3311, kbrandt @newportbeachca.gov
PREPARED BY: Makana Nova, Assistant Planner
APPROVED: A ��
TITLE: Birch Street Extension Acquisition (PA2012 -011)
ABSTRACT:
Staff requests approval of certain property conveyances necessary for the City's
acquisition of the Birch Street Extension and a small parcel owned by the County of
Orange to serve as vehicular, bicycle and trail access for the public.
RECOMMENDATION:
1. Approve the Property Conveyance Agreement and Escrow Instructions between
C.Z. Brockman Revocable Trust ( "Brockman "), the City, and Richard Moriarty
( "Moriarty ") and authorize the City Manager to execute documents in furtherance of
the Property Conveyance Agreement and Escrow Instructions as approved by the
City Attorney.
2. Approve the acceptance of a Quit Claim Deed and dedication of an Access
Easement to the County of Orange and authorize the City Manager to sign
documents in furtherance thereof as approved by the City Attorney.
3. Approve the dedication of an Access Easement to the County of Orange Flood
Control District and authorize the City Manager to sign documents in furtherance
thereof as approved by the City Attorney.
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Birch Street Extension Property Conveyance Agreement
February 28, 2012
Page 2
LOCATION
ON -SITE
GENERAL PLAN
RS -D (Single -Unit
Residential Detached)
ZONING
SP -7 (Santa Ana Heights
Specific Plan, Residential
Equestrian) and R -A
(Residential-Agricultural)
CURRENT USE
Access drive
NORTH
RS -D (Single -Unit
SP -7 (Santa Ana Heights
Single- family residences
Residential Detached )
Specific Plan
SOUTH
RS -D (Single -Unit
Residential Detached
R -A (Residential - Agricultural)
Single- family residences
SP -7 (Santa Ana Heights
EAST
PR (Parks and
Recreation)
Specific Plan, Open Space
Golf course
Recreation
RS -D (Single -Unit RS -D
SP -7 (Santa Ana Heights
WEST
(Single -Unit Residential
Specific Plan, Residential
Single- family residences
Detached
Equestrian
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Birch Street Extension Property Conveyance Agreement
February 28, 2012
Page 3
FUNDING REQUIREMENTS:
Funds for the property transactions will be expended from the following accounts:
Account Description
City Purchase Price
Birch Street Extension
One Third of Escrow
and Recording Fees
Title Report
DISCUSSION:
Account Number Amount
5050 -8080 $5,000.00
91.191
5050 -8080 $ 400.00
To resolve a number of issues in the Santa Ana Heights area, Brockman, Moriarty, the
County of Orange, and the City of Newport Beach have negotiated several property
transactions relating to the abandoned Birch Street right -of -way south of Mesa Drive.
This section connects Mesa Drive to property owned by the County of Orange ('Count)),
the County of Orange Flood Control District (OCFCD') and Moriarty. The objectives of
the transaction are to (1) acquire a .17 acre ( 30 -foot wide) parcel of land from
Brockman; (2) memorialize the County and OCFCD's rights to access the Upper
Newport Bay Nature Preserve and the Santa Ana -Delhi Flood Control Channel from
Mesa Drive; (3) permanently establish public trail access from Mesa Drive to the
equestrian and hiking trail along the northern edge of Upper Newport Bay; (4) to perfect
access to Mesa Drive from residential property owned by Moriarty.
Project Setting
The "Birch Street Extension' is a 0.17 acre, 30 -foot wide strip of land located at the
western portion of 2100 Mesa Drive. The County currently owns a 0.01 acre triangular
shaped parcel located just south of the Birch Street extension. The area is semi -rural
and is developed primarily with single - family residences and equestrian facilities. Both
parcels are located to the south of Mesa Drive at the extension of Birch Street and are
currently developed with an access drive that is used for the following:
• Equestrian and pedestrian recreation access to the Back Bay trail system
• Moriarty sewer lines along with ingress /egress
• Orange County Flood Control access for maintenance of the adjacent flood
control channel
To the west, is the Newport Beach Golf Course and single - family residential
development across the Orange County Flood Control Channel. The properties to the
north, across Mesa Drive, are currently developed with single - family residences. The
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Birch Street Extension Property Conveyance Agreement
February 28, 2012
Page 4
property to the east is the remainder of 2100 Mesa Drive, owned by Brockman, and is
developed with a private equestrian facility. The property to the south is 2128 Mesa
Drive, owned by Moriarty, and is currently developed with a single - family residence,
accessory structures, and agricultural uses.
Background
On April 9, 2003, building permits were issued for the development of a new single -
family residence located at 2128 Mesa Drive. In order to finalize the building permits, a
parcel map was required to combine the portions of the underlying legal lot lines into a
single parcel for development.
On February 4, 2010, Tentative Parcel Map No. 2008 -024 (PA2008 -207) was approved
by the Planning Commission. Condition No. 16 of Resolution No. 1798 requires the final
parcel map to include a recorded ingress /egress access easement. The proposed
property acquisitions by the City of a 30 -foot wide parcel from Brockman and a small
triangle parcel from the County are necessary to provide the required access.
City Staff has worked with Moriarty (property owner of 2128 Mesa Drive), Brockman
(property owner of 2100 Mesa Drive), the County and OCFCD over the past two years
to facilitate plans for the transfer, development, and maintenance of an access drive to
provide ingress and egress to 2128 Mesa Drive. The Property Conveyance Agreement
and Escrow Instructions (Attachment No. 1) were prepared at the agreement of the City,
Moriarty, and Brockman. The Property Conveyance Agreement contemplates payment
by the City of $5000.00 to Brockman plus a share of the escrow costs.
On February 7, 2012, the County Board of Supervisors approved a Quitclaim Deed of
the triangle parcel to the City (Attachment No. 2) and authorized the acceptance of
access easements from the City on behalf of the County and OCFCD. (Attachment No.
3)
As part of the Property Conveyance Agreement, Moriarty will be responsible for
improving the 30 -foot access drive pursuant to the driveway improvement plans
approved by the Department of Public Works (Attachment No. 5). The approved plans
contemplate improvement of a driveway to accommodate safe vehicular access along
with a multi -use trail that includes a twelve (12) foot area for equestrian use. Once
completed, the City will assume liability and maintenance over the access drive.
ENVIRONMENTAL REVIEW:
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). The Class
1 exemption includes existing highways and streets, sidewalks, gutters, bicycle and
pedestrian trails, and similar facilities (this includes road grading for the purpose of
public safety).
21
Birch Street Extension Property Conveyance Agreement
February 28, 2012
Page 5
The proposed project involves the improvement and conveyance of an access drive to
provide vehicle, bicycle, and trail access. Therefore, the project qualifies for a
categorical exemption under Class 1.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Attachments:
Kimberly Brand"ICP
Community Deve opment Director
CC 1 Property Conveyance Agreement and Escrow Instructions
CC 2 County Quitclaim Deed to City
CC 3 City Access Easement Deeds to County and OCFCD
CC 4 Preliminary Title Report for the Birch Street Extension
CC 5 Exhibit "B" Orange County Public Works Right -of -Way
Engineering
5
NO
City Council
Attachment 1
Property Conveyance Agreement
and Escrow Instructions
7
2
PROPERTY CONVEYANCE AGREEMENT
AND ESCROW INSTRUCTIONS
This PROPERTY CONVEYANCE AGREEMENT AND ESCROW INSTRUCTIONS
( "Agreement') is dated as of ' 2012, and entered into by and among C. Z.
BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and through Carla
Zwart Brockman as Trustee ( "Brockman "), as the owner of both of the properties identified as
the "2100 Mesa Drive Property" and the "2148 Mesa Drive Property" below, the CITY OF
NEWPORT BEACH, a California charter city ( "City "), and RICHARD MORIARTY, an
unmarried man ( "Moriarty "). Brockman, City, and Moriarty are sometimes referred to herein
individually as a "Party" and collectively as the "Parties." City and Moriarty are sometimes
referred to herein individually as a "Transferee" and collectively as the "Transferees."
RECITALS
A. Brockman is the owner in fee of that certain real property located at 2100 Mesa
Drive in the City of Newport Beach, County of Orange, State of California ( "2100 Mesa
Property").
B. Brockman is also the owner in fee of that certain real property located at 2148
Mesa Drive in the City of Newport Beach, County of Orange, State of California ( "2148 Mesa
Property").
C. Moriarty is the owner in fee of that certain real property located at 2128 Mesa
Drive in the City of Newport Beach, County of Orange, State of California, ( "Moriarty
Property").
D. City is a municipal body, corporate and politic, and is a charter City duly formed
and existing under the laws of the State of California.
E. Moriarty purported to grant a Public Safety Easement benefiting City under an
instrument entitled "Grant of Easement in Favor of the City of Newport Beach," recorded on or
about August 8, 2008 and recorded as Instrument No. 2008000379469, in the official records of
the County of Orange ( "Public Safety Easement'). Brockman has disputed the validity of the
Public Safety Easement, and the right or authority of Moriarty to grant it.
F. The Parties desire to enter into this Agreement to effectuate certain property
conveyances affecting the properties described above, in order to settle certain disputes among
the Parties and certain other governmental agencies.
AGREEMENT
Based upon the foregoing Recitals, which are incorporated herein by this reference, and
for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
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1. TRANSACTION SUMMARY.
The following is a general description of the transactions contemplated under this
Agreement:
(a) City. This Agreement provides for the following transactions with respect
to City:
(i) Brockman, in the capacity as owner of the 2100 Mesa Property,
and in exchange for payments from the City of Five Thousand Dollars
($5,000.00) ( "City Purchase Price ") will convey to City the westerly
approximately 30 -foot portion of the 2100 Mesa Property, which portion is more
particularly described in the legal description attached as Exhibit "3" to the
Quitclaim Deed and Declaration of Covenants and Equitable Servitudes attached
to this Agreement as Exhibit "A" ( "Birch Street Extension "), and the City will,
among other things, agree and acknowledge that the curb cut at or near the center
point of the northerly lot line on the Mesa frontage of the 2100 Mesa Property is
legally established and may continue in use.
(ii) Brockman will reserve from the quitclaim of the Birch Street
Extension to City easements for vehicular access and for an existing sewer line
for the benefit of both the portion of the 2100 Mesa Property that Brockman is not
conveying to City and the 2148 Mesa Property. The location of the sewer line is
depicted on the As- Built Plans prepared by B \G Engineering, dated June 11,
1997, attached hereto as Exhibit "C" (`Brockman As -Built Plans ").
(iii) Brockman, in the capacity both as owner of the 2100 Mesa
Property and the 2148 Mesa Property, will grant to the City a replacement public
safety easement in the form attached hereto as Exhibit "E" ( "Replacement Public
Safety Easement ").
(iv) City will quitclaim all right, title and interest over portions of the
2100 Mesa Property and the 2148 Mesa Property that may have arisen under the
Public Safety Easement, by way of the Easement Quitclaim Deed in substantially
the form attached hereto as Exhibit "F" ( "City Easement Quitclaim Deed "), in
favor of obtaining the substantially similar rights over applicable portions of the
2100 Mesa Property and the 2148 Mesa Property by way of the Replacement
Public Safety Easement.
(v) City will grant to Moriarty a sewer and access easement in certain
real property that City is acquiring from the County of Orange and commonly
known by the parties as the "Triangle Parcel ", which easement shall be in the
form of the Grant of Easement attached hereto as Exhibit "G" ( "City/Moriarty
Easement ").
(b) Moriarty. This Agreement provides for the following transactions with
respect to Moriarty:
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(i) Moriarty has prepared and obtained approval from all applicable
permitting authorities a plan for the improvement of the driveway found upon the
Birch Street Extension, the Triangle Parcel and the Moriarty Property as shown
on Exhibit "H" attached hereto (`Birch Street Improvements ") to accommodate
safe vehicular access on, over, and through it, along with a multi -use trail
including a ten (10) foot area for equestrian use, which improvements shall not
require encroachment or dedication of any portion of the 2100 Mesa Property,
shall not impair views from the 2100 Mesa Property, and shall not change
applicable grades on the Birch Street Extension except as may be needed to
accommodate the improvements but in no event greater than 6 inches, unless
previously approved in writing by Brockman.
(ii) Prior to conveying the Birch Street Extension to City, Brockman,
as owner of the 2100 Mesa Property, will grant to Moriarty, for the benefit of the
Moriarty Property, easements in the Birch Street Extension for vehicular access,
and for an existing sewer line, in the form attached to this agreement as Exhibit
"B," the location of which sewer line is depicted on the Plans prepared by JRV
Engineering, Inc., dated December 9, 1999, and as approved by the Costa Mesa
Sanitation Department on December 10, 1999, attached hereto as Exhibit "D"
( "Moriarty Sewer Plans ");
(iii) Brockman will, in both capacities as owner of the 2100 Mesa
Property and the 2148 Mesa Property, grant to Moriarty, for the benefit of the
Moriarty Parcel, an easement in the easterly portion of the 2100 Mesa Drive
Property and the northerly portion of the 2148 Mesa Drive Property for
emergency vehicular access and for existing utilities that benefit the Moriarty
Property, which easement is more particularly described in the Easement
Agreement and Quitclaim Deed attached to this Agreement as Exhibit `B" and
referred to herein as "Jackass Alley."
(iv) Moriarty to pay to Brockman the sum of Sixty-Five Thousand
Dollars ($65,000) ( "Moriarty Purchase Price ") for the foregoing easement
interests.
(v) Moriarty to quitclaim to Brockman all right, title and interest in
and to the 2100 Mesa Property and the 2148 Mesa Property, including Jackass
Alley, with the exception of the easements described in clauses (ii) and (iii) of this
paragraph in the form attached hereto as Exhibit `B." Once completed, the City
will maintain the Birch Street Extension, along with the multi -use trail
contemplated to be established thereon.
2. ESCROW.
2.1 Opening of Escrow. Within three (3) business days after the date of this
Agreement, City shall open an escrow ( "Escrow ") with First American Title Company
( "Escrow Holder ") at its offices located at 1 First American Way, Santa Ana, CA 92707, by
delivering to Escrow Holder a fully executed copy of this Agreement. Upon receipt of a fully
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executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder's acceptance
attached hereto and notify the Parties of the escrow number it assigns to the Escrow.
2.2 Close of Escrow: Closing Date. The Close of Escrow shall occur within ten (10)
days after the date the Closing Conditions in Section 3 (other than the conditions on the delivery
of documents and funds into Escrow, which shall occur during said 10 day period) are satisfied
or waived by the benefited party, but in no event later than forty -five (45) days after the date of
this Agreement ( "Closing Date "). If a Party is not in a position to know that a Closing
Condition has been satisfied or has not been satisfied, then the Party that is aware of the status of
the condition shall immediately notify that Party.
2.3 Escrow Instructions. This Agreement, together with any standard instructions of
Escrow Holder, shall constitute the escrow instructions of all of the Parties to Escrow Holder as
well as an agreement among the Parties. In the event of any conflict between the provisions of
this Agreement and Escrow Holder's standard instructions, this Agreement shall prevail.
2.4 Deliveries by Brockman. No later than one (1) business day preceding the
Closing Date, Brockman shall deliver the following to Escrow Holder, each duly executed and
acknowledged by Brockman:
(a) the Quitclaim Deed and Declaration of Covenants and Equitable
Servitudes in the form attached hereto as Exhibit "A" ( "Quitclaim and Declaration ")
quitclaiming to City the Birch Street Extension property and setting forth certain
agreements relating to the 2100 Mesa Property and 2148 Mesa Property;
(b) the Easement Agreement and Quitclaim Deed (Moriarty) in the form
attached hereto as Exhibit `B" ( "Moriarty Agreement ");
(c) the Replacement Public Safety Easement for the 2100 Mesa Property and
2148 Mesa Property, in the form attached hereto as Exhibit "E" and
(d) all other documents reasonably required by Escrow Holder to carry out
and close the Escrow pursuant to this Agreement and the portion of the escrow fee for
which Brockman is responsible pursuant to Section 2.10.
2.5 Deliveries by City. No later than one (1) business day preceding the Closing
Date, Buyer shall deliver the following to Escrow Holder:
(a) the Quitclaim and Declaration duly executed and acknowledged by City,
and the attached Certificate of Acceptance executed by City which shall be affixed to the
Quitclaim and Declaration by Escrow Holder prior to recordation;
(b) the Replacement Public Safety Easement duly executed and acknowledged
by City, and the attached Certificate of Acceptance executed by City which shall be
affixed to the Replacement Public Safety Easement prior to recordation;
(c) the City Easement Quitclaim Deed, duly executed and acknowledged by
the City and in recordable form in the form attached hereto as Exhibit "F•"
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(d) the City/Moriarty Easement, duly executed and acknowledged by the City
in the form attached hereto as Exhibit "G•"
(e) the City Purchase Price;
(f) the executed County documents referred to in items 1, 4, and 5 of Section
2.8 of this Agreement; and
(g) all other sums and documents reasonably required by Escrow Holder to
carry out and close the Escrow pursuant to this Agreement, including City's portion of
the Escrow fees and proration.
2.6 Deliveries by Moriarty. No later than one (1) business day preceding the Closing
Date, Moriarty shall deliver the following to Escrow Holder:
(a) the Moriarty Agreement in the form attached hereto as Exhibit "B," duly
executed and acknowledged by Moriarty;
(b) the Moriarty Purchase Price; and
(c) all other sums and documents reasonably required by Escrow Holder to
carry out and close the Escrow pursuant to this Agreement, including Moriarty's portion
of the Escrow fees and prorations.
2.7 Closing Statement. No later than three (3) business days prior to the Closing
Date, Escrow Holder shall deliver an estimated closing statement to City, Moriarty, and
Brockman.
2.8 Closing, Recording and Disbursements. On or before the Closing Date (except as
otherwise provided below), and when all of the Closing Conditions set forth in Section 3.1 of this
Agreement have been satisfied or waived in writing, Escrow Holder shall take the actions set
forth in this Section 2.8.
(a) Recording. Escrow Holder shall cause the following documents to be
recorded in the following order of priority in the Official Records of Orange County,
California:
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1088418.13 .02/17/12
1. (County Document) Quitclaim Deed from County to City for the
Triangle Parcel
2. Moriarty Agreement (Exhibit `B ")
3. Quitclaim and Declaration (Exhibit "A ")
4. (County Document) Access Easement Deed from City to County
5. (County Document) Access Easement Deed from City to OCFCD
6. City Easement Quitclaim Deed (Exhibit "F ")
-5-
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7. Replacement Public Safety Easement (Exhibit "E" )
8. City/Moriarty Easement (Exhibit "G ").
(b) Disbursement of Purchase Price. Escrow Holder shall disburse the
Moriarty Purchase Price and the City Purchase Price to Brockman.
2.9 Real Property Taxes. Real property taxes and assessments for the Birch Street
Extension shall be prorated between Brockman and City as of the Closing Date based on the
most recent available tax statement. If the tax statements for the fiscal tax year during which
Escrow closes do not become available until after the Close of Escrow, then the rates and
assessed values of the previous year, with known changes, shall be used, and Brockman and City
shall re- prorate said taxes outside of Escrow following the Close of Escrow when such tax
statements become available.
2.10 Payment of Costs. City, Moriarty, and Brockman each shall pay one -third of the
Escrow fee and recording fees for the transactions under this Agreement. Each Transferee shall
be responsible for all documentary or transfer taxes imposed in connection with the Transferee's
respective transactions and conveyances under this Agreement.
2.11 IRS Reporting Responsibilities. Any returns, statements or reports required to be
filed under Section 6045(e) of the Internal Revenue Code of 1986 (or any similar reports
required by state or local law) relating to the transactions under this Agreement shall be filed by
Escrow Holder and Escrow Holder shall provide evidence to the Parties of its compliance with
the provisions of this Section 2.11.
2.12 Escrow Cancellation. If Escrow fails to close due to a Party's default or breach,
the defaulting or breaching Party shall pay all fees, charges and expenses actually charged by
Escrow Holder and the Title Company to the Parties in connection with the cancellation of the
Escrow. If Escrow fails to close for any other reason, each Party shall pay one -third of all such
charges.
3. CONDITIONS TO CLOSE OF ESCROW.
3.1 Conditions. In addition to any other condition set forth in this Agreement in favor
of any Party, each Party shall have the right to condition its obligation to close the Escrow upon
the satisfaction, or written waiver by the Party, of each of the following conditions precedent on
the Closing Date or such earlier time as provided for herein (collectively, the "Closing
Conditions "):
(a) Deliveries Made. Each Party has deposited with Escrow Holder all sums
and documents required of the Party by this Agreement.
(b) Birch Street Improvements. Moriarty shall have obtained from City an
encroachment permit for the Birch Street Improvements.
(c) Joint Closing. All of the transactions and conveyances described in
Section 1 of this Agreement shall be in a position to close concurrently.
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6141
(d) No Default. No Party shall be in default of any of its obligations under
this Agreement (and shall not have received notice of a default hereunder which has not
been cured), and all representations and warranties of each Party contained herein shall
be true and correct in all material respects.
3.2 Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions
requires action by a Party, that Party shall use its diligent efforts, in good faith, and at its own
cost, to satisfy such condition.
3.3 Waiver. Any Party may at any time or times, at its election, waive any of the
conditions set forth in Section 3.1 above to its obligations hereunder, but any such waiver shall
be effective only if contained in a writing signed by the Party and delivered to the other Parties
and Escrow Holder.
3.4 Termination. In the event each of the Closing Conditions set forth in Section 3.1
is not fulfilled by the outside date for the Closing Date, or such earlier time period as provided
for herein, or waived by the benefited Party pursuant to Section 3.3, and provided the benefited
party is not in default of this Agreement, the benefited party may at its option terminate this
Agreement and the Escrow opened hereunder. No termination under this Agreement shall
release any Party then in default from liability for such default. In the event this Agreement is
terminated, all documents and funds delivered by any Party to any other Party or Escrow Holder
shall be returned immediately to the Parry making the delivery.
4. BIRCH STREET IMPROVEMENTS.
Moriarty shall complete or cause to be completed the Birch Street Improvements within
one hundred ten (110) days after the Closing Date, in all respects consistent with the provisions
of Section 4 of Exhibit "B" hereto. City represents that no permits or further approvals are
required for the Birch Street Improvements other than a no fee encroachment permit.
5. "AS -IS" SALE; RELEASE OF CLAIMS.
Except as may be otherwise specifically provided in the Replacement Public Safety
Easement, each Transferee acknowledges and agrees that Brockman, in both the capacity as
owner of the 2100 Mesa Property and as owner of the 2148 Mesa Property, shall convey the
respective interests in the 2100 Mesa Property and the 2148 Mesa Property to the Transferees,
and Transferees shall accept such interest in the Property that is being conveyed to such
Transferee pursuant to this Agreement ( "Transferee's Property Interest "), "AS IS, WHERE
IS, WITH ALL FAULTS." Brockman, in both the capacity as owner of the 2100 Mesa Property
and as owner of the 2148 Mesa Property, makes no representations or warranties, express or
implied, as to the Transferee's Property Interest or the transactions contemplated by this
Agreement. Prior to the date of this Agreement, Transferee shall have had the opportunity to
conduct any and all inspections of the Transferee's Property Interest to Transferee's full and
complete satisfaction and, if Transferee acquires the Transferee's Property Interest from
Brockman, Transferee acknowledges that it will be acquiring the Transferee's Property Interest
"AS -IS ", "WHERE -IS" and "WITH ALL FAULTS" and subject to any condition which may
exist, without any representation or warranty by Brockman. Without limiting the generality of
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the foregoing, Transferee hereby assumes all risk and liability (and agrees that Brockman and all
successors and assigns shall not be liable for any special, direct, consequential or other damages)
resulting or arising from or relating to the ownership, use, condition, location, maintenance,
repair, or operation of the Transferee's Property Interest. Except as specifically set forth in this
Agreement, Transferee acknowledges and agrees that no person acting on behalf of Brockman is
authorized to make, and, by the execution hereof, Transferee hereby acknowledges that no
person has made, any representation, agreement, statement, warranty, guaranty or promise
regarding the Transferee's Property Interest, its operation, or the transactions contemplated
herein, or regarding the physical or environmental condition or other status of the Transferee's
Property Interest, and no representation, warranty, agreement, statement, guaranty or promise, if
any, made by any person acting on behalf of Brockman which is not contained herein shall be
valid or binding upon Brockman.
The Parties hereby release one another, and each others' successors and assigns from any
and all claims, actions, judgments, liabilities, penalties, fines, costs, expenses or damages which
in any way and at any time relate to or arise from, directly or indirectly, the subject matter of this
agreement, Jack Ass Alley, the Birch Street Extension, the Transferee's Property Interest or
Brockman's ownership thereof. The Parties acknowledge that they are familiar with and
voluntarily waive any right or benefit from Section 1542 of the Civil Code of the State of
California which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
The Parties waive and relinquish any right or benefit they have or may have under any similar
provision of the statutory or non - statutory law of any jurisdiction. The Parties acknowledge and
agree that the disclaimers and other agreements set forth herein are an integral part of this
Agreement and they would not have agreed to the transactions contemplated in this agreement
without the disclaimers and other agreements set forth above.
CITY'S MORIARTY'S BROCKMAN'S
INITIALS: INITIALS: INITIALS:
6. MISCELLANEOUS.
6.1 Notices. All notices required to be delivered under this Agreement to another
Party must be in writing and shall be effective (a) when personally delivered by the Party or
messenger or courier thereof, (b) three (3) business days after deposit in the United States mail,
registered or certified; (c) twenty -four (24) hours after deposit before the daily deadline time
with a reputable overnight courier or service; or (d) if a fax number is listed below, upon receipt
of a facsimile transmission, in each case postage fully prepaid and addressed to the respective
Parties as set forth below or to such other address and to such other persons as the Parties may
hereafter designate by written notice to the other Parties hereto:
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To Brockman: Carla Brockman
3857 Birch St., #607
Newport Beach CA 92660 -2616
Facsimile: (949) 851 -8457
Copy to:
Rutan & Tucker, LLP
611 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: David Cosgrove, Esq.
Facsimile: (714) 546 -9035
To City:
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Attn: City Manager
Facsimile: (949) 644 -3020
Copy to:
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92663
Attn: City Attorney
Facsimile: (949) 644 -3139
To Moriarty
Richard Moriarty
2128 Mesa Drive
Newport Beach, CA 92660 -1709
Facsimile: (949) 645 -2937
Copy to: Jones Day
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Attn: Paul F. Rafferty
Facsimile: (949) 553 -7359
6.2 Assignment. No Party may assign this Agreement or any right or privilege that
Party has under this Agreement without the prior written consent of the other affected Party(ies),
which may be granted or withheld in such party's(ies') sole discretion. Notwithstanding the
foregoing, in the event Brockman or Moriarty desire to sell the parcel or parcels they own that
are the subject of this Agreement and the sale occurs prior to the Closing Date, such Party shall
have the right, and shall be required as a condition to the sale, to assign this Agreement to the
buyer, with such assignment to become effective upon the sale of the parcel to the buyer.
6.3 Time of the Essence. Time is of the essence with respect to each of the terms,
covenants, and conditions of this Agreement.
6.4 Attorneys' Fees. If any Party to this Agreement commences an action against any
other Party to this Agreement arising out of or in connection with this Agreement, the prevailing
538/020390 -0001
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Party shall be entitled to recover reasonable attorney's fees and costs of suit from the losing
Party.
6.5 Binding on Heirs. This Agreement shall be binding upon the Parties hereto and
their respective heirs, representatives, transferees, successors, and assigns.
6.6 Entire Agreement, Waivers, and Amendments. This Agreement and its exhibits
contain all of the agreements of the Parties with respect to the matters contained herein, and no
prior agreement or understanding pertaining to any such matter shall be effective for any
purpose. All waivers of the provisions of this Agreement must be in writing and signed by the
appropriate authorities of the party to be charged. Any amendment or modification to this
Agreement must be in writing and executed by the Parties affected by the amendment.
6.7 Representations. Each Party hereby makes the following representations and
warranties to each of the other Parties: (a) the Party has the full right and authority and has
obtained any and all consents required to enter into this Agreement and to consummate or cause
to be consummated the transactions contemplated hereby; and (b) there is no agreement to which
the Party is a party or, to the Party's knowledge, binding on the Party which is in conflict with
this Agreement and there is no action or proceeding pending or threatened against the Party
which challenges or impairs the Party's ability to execute or perform its obligations under this
Agreement.
6.8 Interpretation; Governing Law. This Agreement shall be construed according to
its fair meaning and as if prepared by all Parties hereto. This Agreement shall be construed in
accordance with the laws of the State of California in effect at the time of the execution of this
Agreement.
6.9 Severability. If any term, provision, covenant, or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of
this Agreement shall not be affected thereby to the extent such remaining provisions are not
rendered impractical to perform taking into consideration the purposes of this Agreement.
6.10 City Approvals and Actions. This Agreement shall be administered on behalf of
City by the City Manager, or his designated representative, following approval of this Agreement
by the City Council. The City Manager (or his authorized representative) shall have the
authority to issue interpretations, extend times for performance, waive provisions and enter into
amendments of this Agreement on behalf of City so long as such actions do not substantially add
to the costs of City as specified herein or materially change the transactions contemplated
hereunder.
6.11 Covenants to Survive Escrow. The covenants and agreements contained in this
Agreement shall survive the Close of Escrow and shall not be merged with any of the documents
to be recorded at the Closing.
6.12 Execution in Counterpart. This Agreement may be executed in several
counterparts, and all so executed shall constitute one agreement binding on all Parties hereto,
notwithstanding that all Parties are not signatories to the original or the same counterpart.
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6.13 Exhibits. Exhibits "A," "B;" "C," "D," "E," "F," "G" and "H" attached to this
Agreement are incorporated herein by this reference and made a part hereof. Said Exhibits are
identified as follows:
Exhibit "A"
- Quitclaim Deed and Declaration of Covenants and Equitable Servitudes
Exhibit `B"
- Easement Agreement and Quitclaim Deed (Moriarty)
Exhibit "C"
- Brockman As -Built Sewer Plans
Exhibit "D"
- Moriarty Sewer Plans
Exhibit "E" -
Replacement Public Safety Easement (2 100 and 2148 Mesa Property)
Exhibit "F" -
City Easement Quitclaim Deed
Exhibit "G"
- City/Moriarty Easement
Exhibit "H"
- Birch Street Improvement Plan
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IN WITNESS WHEREOF, Brockman, City, and Moriarty have entered into this
Agreement to be effective as of the date first set forth above.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
" BROCKMAN"
C. Z. BROCKMAN REVOCABLE TRUST,
under Trust dated June 7, 1989
CARLA ZWART BROCKMAN, TRUSTEE
"CITY"
CITY OF NEWPORT BEACH, a California
charter city
Its:
" MORIARTY"
RICHARD MORIARTY
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ACCEPTANCE BY ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed copy of the
foregoing Property Conveyance Agreement and Escrow Instructions and agrees to act as Escrow
Holder thereunder and to be bound by and perform the terms thereof as such terms apply to
Escrow Holder.
FIRST AMERICAN TITLE COMPANY
Date: 2012 By:
Name:
Title:
538/020390-0001
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EXHIBIT "A"
QUITCLAIM DEED AND DECLARATION OF COVENANTS
AND EOUITABLE SERVITUDES
WHEN RECORDED MAIL TO:
City of Newport Beach
P.O. Box 1768
3300 Newport Blvd.
Newport Beach, CA 92663
Attn: Deputy City Clerk
(Space Above for Recorder's Use)
Exempt from Recordation Fee per Gov. Code § 27383
DOCUMENTARY TRANSFER TAX IS $
Computed on the consideration or value of
property conveyed, OR
Computed on the consideration or value less liens
or encumbrances remaining at time of sale.
QUITCLAIM DEED AND DECLARATION OF COVENANTS
AND EQUITABLE SERVITUDES
This QUITCLAIM DEED AND DECLARATION OF COVENANTS AND
EQUITABLE SERVITUDES ( "Declaration ") is entered into this day of
2012, by and between the C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7,
1989, by and through Carla Zwart Brockman as Trustee ( "Grantor "), and the CITY OF
NEWPORT BEACH, a California charter city ( "City ").
RECITALS
A. Grantor is the owner of those certain real properties more commonly known as
2100 Mesa Drive and 2148 Mesa Drive, located within the boundaries of the City of Newport
Beach. The 2100 Mesa Drive Property consists generally of 2.37 acres, and is located on the
south side of Mesa Drive near Birch Street and is more specifically described in the legal
description attached hereto as Exhibit "1" ( "Total Parcel "). The 2148 Mesa Property consists
generally of property bearing Orange County Assessor Parcel No. 439 - 061 -05, and is located
southerly of the 2100 Mesa Property. The 2148 Mesa Property is more specifically described in
Exhibit "5" hereto ( "2148 Mesa Parcel ").
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B. City is a municipal body, corporate and politic, and is a charter city duly formed
and existing under the laws of the State of California. City owns right of way interests over
properties adjacent to or in close proximity to the Total Parcel, which it holds and maintains for
public right of way uses. The properties over which City holds such right of way and other
interests is more specifically described in Exhibit "2" attached hereto (collectively, the "Public
Parcel ").
C. Questions have arisen among Grantor, City, and others with respect to each of the
Parties' respective rights, interests and obligations over various portions of the Total Parcel. In
order to resolve such disputes, Grantor will quitclaim its right, title and interest in and to the
portion of the Total Parcel more particularly described in the legal description attached hereto as
Exhibit "Y ( "Conveyance Parcel "). Such conveyance benefits City, in that it will clarify
currently unclear issues with respect to the scope of public access on, over, and through portions
of such property and avoid litigation.
D. As partial consideration of Grantor's quitclaim of the Conveyance Parcel to City
and in consideration for the benefits which will be derived by City thereby, City has agreed to
state and be bound by certain interpretations of its Zoning Code with respect to the portion of the
Total Parcel that Grantor is not quitclaiming to City ( "Grantor Remainder Parcel "), and to
continue to treat the Grantor Remainder Parcel as continuing to include the Conveyance Parcel
for the purposes of the application, interpretation, and implementation of land use and other
zoning requirements of City.
NOW, THEREFORE, in consideration of all the foregoing, the Parties hereby covenant
as follows:
1. Quitclaim of Conveyance Parcel. For a valuable consideration, receipt of which
is hereby acknowledged, and except for the reservations stated herein, Grantor does hereby
remise, release, and quitclaim to City any and all right, title and interest held by Grantor in and to
the Conveyance Parcel, subject to all easements, encumbrances, covenants, and other matters of
record or apparent by a physical inspection of said property and subject to the reservations in this
Declaration. Immediately prior to the recordation of this Declaration, Grantor conveyed to the
owner of the property located at 2128 Mesa Drive certain easements in the Conveyance Parcel,
and City acknowledges that its interest in the Conveyance Parcel shall be subject to the
easements in said easement agreement.
2. Reservation of Easements. Grantor does hereby reserve from the quitclaim of the
Conveyance Parcel to City the following easements:
(i) A nonexclusive easement in perpetuity on, over, under, across, and
through the Conveyance Parcel, appurtenant to and for the benefit of the Grantor
Remainder Parcel and the 2148 Mesa Parcel for the purpose of owning, operating,
reconstructing, maintaining, repairing, improving, and replacing an existing sewer line
and related facilities in the location shown on the As -Built Plans for the Conveyance
Parcel prepared by B \G Engineering and dated dune 11, 1997, a reduced copy of which is
attached hereto as Exhibit "4 ", together with the rights of ingress and egress on, over, and
across the Conveyance Parcel as reasonably necessary to enable Grantor to own, operate,
reconstruct, maintain, repair, improve, and replace said sewer line and related facilities.
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A full copy of the As -Built Plans referred to in the preceding sentence is attached as an
exhibit to that certain Property Conveyance Agreement and Escrow Instructions dated
, 2012, among Grantor, City, and a certain other party
( "Conveyance Agreement "), which Conveyance Agreement is on file with the Parties.
The Parties shall upon request provide copies of the Conveyance Agreement to any
successors in interest to the Total Parcel.
(ii) A nonexclusive easement in perpetuity over and across the Conveyance
Parcel for vehicular access, ingress and egress.
The foregoing easements shall be appurtenant to and shall benefit both the Grantor Remainder
Parcel and the 2148 Mesa Parcel.
3. Treatment of Grantor Remainder Parcel.
a. City covenants that the westerly frontage of the Grantor Remainder Parcel
shall constitute the front property line, and the easterly portion shall constitute the rear property
line, for all purposes under the Municipal Code of the City of Newport Beach, and will be
interpreted as such with respect to all interpretation, application, and implementation of the
provisions of such Code.
b. City covenants that it, in all questions of interpretation, application, or
implementation of any provision of the Municipal Code of the City of Newport Beach, shall treat
the Grantor Remainder Parcel as containing the full amount of square footage area, and lot and
roadway frontage, as the Total Parcel as described in Exhibit "1" attached hereto, as if the
Conveyance Parcel had not been conveyed to City and as if the Grantor Remainder Parcel is
comprised of the Total Parcel. Grantor, and its successors and assigns, shall have any and all
rights to development area, floor area ratio, lot coverage, and all other benefits touching upon or
relating to potential use or development of the Grantor Remainder Parcel, notwithstanding the
diminution in size, area, shape, or frontage by way of Grantor's quitclaim of portions of the Total
Parcel to City.
C. City agrees and acknowledges that the curb cut at or near the center point
of the northerly lot line on the Mesa frontage of the Total Parcel is legally established, and may
continue in use.
4. Improvement Work on Public Parcel. City agrees and acknowledges that in
performing any construction, maintenance, relocation, or other improvement work on the
Conveyance Parcel, it shall not require encroachment or dedication of any portion of the 2100
Mesa Property, shall not impair views from the 2100 Mesa Drive Property, and shall not change
applicable grades on the Birch Street Extension except as may be needed to accommodate the
improvements but in no event greater than six (6) inches from that surface grade existing at the
time of this Declaration, without the express written consent of the owner of the Grantor
Remainder Parcel.
5. Benefited and Burdened Parcels. The Public Parcel is identified as the burdened
parcel under this Declaration. The Grantor Remainder Parcel is the parcel benefited by the
covenants under this Declaration. The 2148 Mesa Parcel also benefits from the reserved
538/020390 -0001
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easements set forth in Section 2 of this Declaration. City and Grantor acknowledge and agree
that the provisions of this Declaration "touch and concern" both the benefited and the burdened
parcels, in that City's agreement to the interpretation and transfer of development rights as set
forth hereunder affect the range and intensity of the uses and improvements which may be placed
on the Public Parcel, by both it and its citizens. The covenants hereunder "touch and concern"
the benefited parcel by assuring Grantor of the benefits of various interpretations of the
application of the City's Municipal Code's zoning provisions, and provides long -term assurance
of certain development rights which may inure to the Remainder Grantor Parcel, both in terms of
present and potential future development.
6. Covenants Run with Land. The covenants contained herein run with the land,
burdening the Public Parcel and operating for the benefit of the Grantor Remainder Parcel and
the 2148 Mesa Parcel with respect to the reserved easements and other matters herein. A copy of
this Declaration shall be recorded in the Office of the County Recorder for the County of
Orange. The covenants herein are binding on successors and assigns.
7. Letter in File. In addition to this Declaration, City shall place and maintain a
letter indicating its agreement to the interpretations of the Zoning Code and transfer of
development rights contained herein. That letter shall be kept with the records of the Grantor
Remainder Parcel, in such a manner as to be readily accessible for all City personnel in their
dealings with respect to the Grantor Remainder Parcel.
8. Authority. The Parties warrant, each to the other, that the signature appearing on
the respective warranting parties' behalf below is authorized to sign on behalf of that party, and
bind it to the terms contained herein, and that in so doing, such party is not thereby in breach of
any other contract, covenant, or agreement.
9. Attorneys' Fees. In the event of any suit, action, or other proceeding, in law or at
equity, relating to the enforcement of any of the terms of this Declaration, the prevailing party
shall be entitled to an award of reasonable attorneys fees. As used herein, "attorneys fees"
include fees for legal services, expert witness fees, fees for document production in pursuit of
discovery, including transcripts, and other costs normally allowable in judicial proceedings.
538/020390 -0001
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25
IN WITNESS WHEREOF, Grantor and City have entered into this Declaration as of the
date first set forth above.
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"GRANTOR"
C. Z. BROCKMAN REVOCABLE TRUST,
under Trust dated June 7, 1989
CARLA ZWART BROCKMAN, TRUSTEE
"CITY"
CITY OF NEWPORT BEACH, a California
charter city
C
(I/J
State of California
County of Orange
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /hex /their signature(s) on the instrument
the person(s), 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 forgoing paragraph is true and correct.
WITNESS my hand and official seal.
State of California
County of Orange
On
before me,
(Seal)
(insert name and title . of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
538/020390 -0001
1088418.13 a02/17/12
(Seal)
27
ACCEPTANCE CERTIFICATE
Pursuant to the provisions of Resolution 92 -82, approved July 27, 1992, of the City of Newport
Beach, State of California, I, David Kiff, City Manager of the City of Newport Beach, hereby
request recordation of the within Quitclaim Deed and Declaration of Covenants and Equitable
Servitudes, and accept on behalf of the public the interest in real property conveyed by the within
Quitclaim Deed and Declaration of Covenants and Equitable Servitudes, dated ,
2012, from the C. Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by
and through Carla Zwart Brockman as Trustee.
Dated: .2012
DAVID KIFF
City Manager of the City of Newport Beach
State of California
County of Orange
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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)
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EXHIBIT "1" TO DECLARATION
LEGAL DESCRIPTION OF TOTAL PARCEL
That certain real property located in the City of Newport Beach, County of Orange, State
of California legally described as follows:
PAM'EL It THON I FORITIONS OF LOTS I I) TO 131 INCLAISIV E OF TKA(T NO. 7". AND
PORTIONS OF MESA DWYR AND RIWH STREET. ADJOINING, AS SHOWN ON A MAP
THEREOF REiTIRUW) IN ROOK 21. PAOF ;51 29, OF MISCELLANEOUS MAPS, M THI;
OFFICE OP THE COUNTY RECORD181t OF SA ID COUNTY. 130CRIBED AS FOLlJ7W5:
BFOINNINIO AT A POINT ON THE CENTER LINE OF MESA DRIVE. 310.62 FTiET
NORTHWESTERLY OF THE COMER LINE INTCASEC MN OF SAID MESA DRIVE WITH
THE CENTER LINE OF CYPRESS STREET. SAID POINT OF BEGINNING BSTNO AI w)
NORTH $D' 11'400 WEST 16]3..42 FEET AS MEASURED ALONG THE IND CENTER IINL
OF MFSA DRIVE FROM THE FA.W RLY CORNER OF LOT IS IN 01.c" St OF INVINti f
SUBDIVISION. AS SHOWN ON A MAP THEREOF RECORDED IN ROOK 1, PA(U?ONI M.
OFFICIAL RECORDS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY:
THENCE 5711 M 360- I3'GI' WFST 100.06 FEET: THENCE NORTH 5M i 1'35' WTST ATAKG
A UNE PARALLEL WITH SAIL) MESA ORJVE359x FEET TO A POINT. SAID FO1NTIIEI*i
ON A CARVE CONCAVE WWTHWESTERLY HAVING A RADIUS OF SODAG FEET. THE
RADIAL LINE OF SAID CURVE FROM SMD POINT REARS NORTH 36+ 23' 05' WEST;
THENCE NORTHEASTERLY AU1NG SAID CURVE THROUGH A CENTRAL ANGLK OF 13'
411'40% AN ARC DISTANCE Of 129153 FEET It) A LINRi TANGENT. SAID LINE TANJIEIIT
BUNG THE PROLONGATION OF THE CENTER LANE OF BIRCH STREET. AN MEA IM136)
AT RIONT ANULEN OF MESA DRIVE FROM THE CENTER LINE INTFRS617TION OF MESA
DRIVE. AND MARCH STREET: THENCE NORTH W 45' IS' EAST 110.21 FEET TI1 MAID)
CENTER LANE I NTERSE1TION OF MINA DRIVE AND BIRCH STREL•T; THENCE 5OI ITH 5P
11'45' EAST ALONG THE CENTER LINTS OF MESA DRIVE 459.23 FEET TOTHE POI RTOF
BEGINNING,
THAI PORTION OF BIRCH 57REEY AS WOWN ON A MAP OF TRMT 70k RECORDED IN
BOOK 21 PAGEISI 25. OFFICIAL RECORDS NIISCU LAMM)S MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY. INCLUDED WITHIN THE RMEiN
VMRIBED LAND. WAS ABANDONED JULY 10, 1951. A CERnFIET) COPY OF
RESCL%MC N OF ABANDONMENT BEING RECORDED JULY 17. 19$1 IN BURRO 2145.
PAO PJS761L OFFICIAL RECORDS.
PARCLLi AN EASEMENT FOR ROAD AND UT7 LJTY PURPOSES 30 FEET IN W IOTH OVER
THOSE PORTIONS OF LOTS ITS TO 171 INCLUSIVE OF TRACT NO, 706. IN['UIIXWI A
PORTION OF BIRCH STREETIN THE CITY OF NEWPORT BEACN. COUNTY OF ORANKi E.
STATE OF CALIFORNIA. AS SHOWN ON A MAP THEREOF RrAX*DW IN BOI1K 21_
PAGF.(S) 25. MISCELLANEOUS IMPS, RECORDS OF ORANGE CWNTY. LYING
SIMM"WE5T'ERLY OF AND ADJOINING THE SOUTHWESTERLY UNE OF PARCEL I
HEREIN.
538 /020390-0001
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EXHIBIT "2" TO DECLARATION
LEGAL DESCRIPTION OF PUBLIC PARCEL
That certain real property located in the City of Newport Beach, County of Orange, State
of California legally described as follows:
That portion of Birch Street, in the City of Newport Beach, County of Orange, State
of California. shown on a map of Tract No 706 recorded in book 21, page 25 of
Miscellaneous Maps in the office of the County Recorder of said county. and abandoned
by that certain Resolution of the Board of Supervisors of said county. recorded July 17,
'.951 in book 2'45, page 618 of Official Records in the office of said County Recorder,
bounded as follows
Northwesterly by the center line of said Birch Street per said Tract:
Southeasterly by the northwesterly line of Lot 121 of said Tract,
Northeasterly by the northwesterly prolongation of the northeasterly line of said Lot
121. and
Southwesterly by the southwesterly line and its northwesterly prolongation of the
land described as 'Parcel No V in a deed to CarlaZwart Brockman, as trustee of ;he C.Z.
Brockman Revocable Trust, recorded February 17. 1998 as Document No. 19980087243
of said Official Records
Containing 0 152 Acre, more or less
APPROVED
D Pavllk, Data
sod Surveyor, L S 5168
aeon Date: June 30. 2003
op o6x'03 •
,6 -s1MAIJ
538/020390 -0001
1088418.13 .02/17/12
so
Project: Upper Newport Bay Regional Park
Project No.: PR47D
Paroel No.:'304
Those portions of Birch Street and Lot 121„ in the City of Newport Beach, County of
Orange, State of California, shown on a map of Tract No. 706 recorded in book 21, page
25 of Miscellaneous Maps in the office of the County Recorder of said county, and
abandoned by that certain Resolution of the Board of Suiparvisors of said county, recorded
July 17„ 1951 in book 2145, page 618 of Official Records in the office of said! County
Recorder, bounded as follows:
Nofthlvuestedyby the centerline of said Birch Street per said Tract
Southeasterly by a line that parallel and concentric with and 30.00 feet
southeasterly from the centlerline of said Birch Street;
Northeasterly by the souih',vesterly line and its northwesterly prolongation of the
land described as "Parcel 1" in a deed to Carla Zwart Brockman, as trustee of the C.Z.
Brockman Revocable Trust„ dated June 7, 1989, said deed being recorded February 17„
1908 as tireeurnant No, 109800,87243 of said Official Records; and
Westerly by the northerly prolongation of that osrtaln course shown as "T -7" having
a bearing and length of 5.13010'400M, 24.03 feet, in the generally southeasterly line of
the land described as Parcel °.F01- 105.01" to the Orange County Flood Control Oistrlct as
shown on page 3 of Record of S•uryey 93 -1026 filled in book 146, pages 2 through 7 of
Records of Survey in the office of said County Recorder,
Containing 6'25 Square Feet, more or less,
See EXHIBIT 8 attached and by reference made ai part.
APPROVED
t 1...., t pata:'
' aa.frpAV DPPy�
�, L
Jopn iP, Pavlik L. S. 51 5158
Erpiaaiien I7atc: Tune 30, 2011 bp'
a.L ,'t;134ii1
538/020390 -0001
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31
EXHIBIT "3" TO DECLARATION
LEGAL DESCRIPTION OF CONVEYANCE PARCEL
That certain real property located in the City of Newport Beach, County of Orange, State
of California legally described as follows:
Project: Recreational Trail
Project No.: TR47C
Parcel No.: 102
That portion of Birch Street, in the City of Newport Beach, County of Orange, State
of California, shown on a map of Tract No. 706 recorded in book 21, page 25 of
Miscellaneous Maps in the office of the County Recorder of said county, and abandoned
by that certain Resolution of the Board of Supervisors of said county, recorded July 17.
1951 in book 2145, page 618 of official Records in the office of said County Recorder,
bounded as #allows'
Northwesterly by the center line of said Birch Street per said Tract-,
Southeasterly by the northwesterly line of Lot 121 of said Tract,
Northeasterly by the northwesterly prolongation of the northeasterly line of said Lot
121: and
Southwesterly by the southwesterly line and its northwesterly prolongation of the
land described as `Parcel No 1' in a deed to CarlaZwort Brockman, as trustee of the C.Z.
Brockman Revocable Trust, recorded February 17. 1998 as Document No. 19980087243
of said Mcfal Records.
Containing 0.152 Acre, more or less.
APPROVED:
"i, K —Lim
0- Pavlik,
sod Surveyor. LS. 5188
mien Date: June 30. 2003
538/020390-0001
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9�
Na -6tiea�
S2
EXHIBIT "4" TO DECLARATION
AS —BUILT PLANS — 2100 MESA AND 2148 MESA PROPERTIES
a
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538/020390 -0001
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33
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538/020390 -0001
1088418.13 .02/17/12
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33
EXHIBIT "5" TO DECLARATION
LEGAL DESCRIPTION OF 2148 PARCEL
That certain real property located in the City of Newport Beach, County of Orange, State
of California legally described as follows:
PARCEL 1:
THAT PORTION OF LOT 152 IN BLOCK 51 OF IRVINES SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS RECORD MAPS RECORDS OF
ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOTS 114, 115, 118
AND 119 OF TRACT 706, RECORDED IN BOOK 21 PAGE 25, OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY, ALL IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS STREET AND
MESA DRIVE AS SHOWN ON A MAP OF SAID TRACT 706; THENCE NORTH 50 DEGREES 11'
45" WEST ALONG THE CENTERLINE OF SAID MESA DRIVE, 310.62 FEET; THENCE SOUTH 36
DEGREES 13'05" WEST 250.06 FEET TO THE TRUE POINT OF BEGINNING.
SAID POINT OF BEGINNING ALSO BEING THE MOS: SOUTHERLY CORNER OF THE LAND
DESCRIBED IN PARCEL 1 OF THE DEED TO ROLAND H. GAPP AND WIFE, RECORDED
JANUARY 11, 1952 IN BOOK 2273 PAGE 175, OFFICIAL RECORDS.
THENCE, CONTINUING SOUTH 36 DEGREES 13'05" WEST 551.55 FEET TO THE SOUTHERLY
LINE OF THE LAND CONVEYED TO JAMES L. RUBEL AND WIFE, BY DEED RECORDED
JULY 23, 1951 IN BOOK 2207 PAGE 198, OFFICIAL RECORDS; THENCE NORTH 76 DEGREES
11' 45" WEST ALONG SAID SOUTHERLY LINE, 175.00 FEET; THENCE NORTH 36 DEGREES
13' 05" EAST 628.41 FEET TO A LINE THAT BEARS NORTH 50 DEGREES I F 45" WEST FROM
THE TRUE POINT OF BEGINNING; THENCE SOUTH 50 DEGREES 11' 45" EAST 162.10 FEET
TO SAID TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 30
FEET IN WIDTH. THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MESA DRIVE, AS SHOWN BY SAID MAP
OF TRACT 706 DISTANT THEREON NORTH 50 DEGREES 11' 45" WEST 310.62 FEET FROM
THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER OF CYPRESS STREET AS
SHOWN ON SAID MAP AND RUNNING THENCE SOUTH 36 DEGREES 13' 05" WEST 250.06
FEET.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN MESA DRIVE.
538/020390 -0001
1088418.13 .02/17/12
S4
EXHIBIT `B"
EASEMENT AGREEMENT AND QUITCLAIM DEED
(Moriarty)
WHEN RECORDED MAIL TO:
Carla Brockman
3857 Birch St., #607
Newport Beach CA 92660 -2616
(Space Above for Recorder's Use)
DOCUMENTARY TRANSFER TAX $ 0
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
EASEMENT AGREEMENT AND QUITCLAIM DEED
This EASEMENT AGREEMENT AND QUITCLAIM DEED ( "Agreement ") is entered
into this day of 2012, by and between C. Z. BROCKMAN REVOCABLE
TRUST, under Trust dated June 7, 1989, by and through Carla Zwart Brockman as Trustee,
( "Brockman "), and RICHARD MORIARTY, an individual ( "Moriarty ").
RECITALS
A. Brockman is the owner in fee of (i) that certain real property located at 2100 Mesa
Drive in the City of Newport Beach, County of Orange, State of California ( "2100 Mesa
Property "), and (ii) that certain real property located at 2148 Mesa Drive in the City of Newport
Beach, County of Orange, State of California ( "2148 Mesa Property "). The 2100 Mesa Drive
Property and the 2148 Mesa Drive Property are more particularly described in the legal
descriptions attached hereto as Exhibits "1 -A," and "1 -B."
B. Moriarty is the owner in fee of that certain real property located at 2128 Mesa
Drive in the City of Newport Beach, County of Orange, State of California, more particularly
described in the legal description attached hereto as Exhibit "2" ( "Moriarty Property ").
C. Brockman and Moriarty desire to enter into this Agreement to provide for (i)
Brockman to convey to Moriarty an easement in favor of the Moriarty Property in that certain
portion of the 2100 Mesa Drive Property more particularly described in Exhibit "3" attached
hereto ( "Birch Street Extension Easement ") for vehicular and pedestrian access, as part of a
538/010390.0001
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35
multi -use trail, including equestrian uses, and the operation and maintenance of an existing sewer
line; (ii) Brockman to convey to Moriarty an easement in favor of the Moriarty Property in that
certain easterly portion of the 2100 Mesa Drive Property and that certain northerly portion of the
2148 Mesa Drive Property more particularly described in Exhibit "4" attached hereto ( "Jackass
Alley Easement') for emergency vehicular access and the operation and maintenance of water
and gas utilities existing on the date of this Agreement that benefit the Moriarty Property; and
(iii) Moriarty to quitclaim to Brockman all right, title and interest in and to the property within
the 2100 Mesa Drive Property and the 2148 Mesa Drive Property, including the Jackass Alley
Easement, with the sole exception of the easements conveyed under this Agreement, all on the
terms and conditions set forth herein.
AGREEMENT
Based upon the foregoing Recitals and for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged by both parties, Brockman and Moriarty
hereby agree as follows:
Birch Street Extension.
1.1 Grant of Access Easement. Brockman hereby grants to Moriarty a
nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on,
over, and across the surface of the Birch Street Extension Easement for vehicular ingress and
egress between Mesa Drive and the Moriarty Property.
1.2 Grant of Sewer Easement. Brockman hereby grants to Moriarty a
nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on,
over, under, across, and through the Birch Street Extension Easement for the purpose of owning,
operating, reconstructing, maintaining, repairing, improving, and replacing an existing sewer line
and related facilities in the location shown on the Plans prepared by JRV Engineering, Inc., dated
December 9, 1999, and as approved by the Costa Mesa Sanitation Department on December 10,
1999, a copy of which is attached as Exhibit "D" to that certain Property Conveyance Agreement
and Escrow Instructions among Brockman, Moriarty, and the City of Newport Beach dated
, 2012 ( "Conveyance Agreement'), together with the rights of
ingress and egress on, over, and across the Birch Street Extension Easement as reasonably
necessary to enable Moriarty to own, operate, reconstruct, maintain, repair, improve, and replace
said sewer line and related facilities. The Conveyance Agreement is on file with the City of
Newport Beach.
1.3 Maintenance. Immediately following the recordation of this Agreement,
Brockman will quitclaim to City fee title to the Birch Street Extension Easement, subject to the
easements provided for herein, reservations for vehicular access and utilities to Brockman, and
other easements of record. The City of Newport Beach and its successors shall be responsible
for maintaining and repairing the Birch Street Extension Easement, and for maintaining any
improvements the City as fee owner makes to the Birch Street Extension Easement, and for any
pedestrian, equestrian, or multi -use trails within the Birch Street Extension Easement.
538/010390.0001
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so
2. Jackass Alley.
2.1 Grant of Secondary Access Easement. Brockman hereby grants to
Moriarty a nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty
Property on, over, and across the surface of the Jackass Alley Easement for secondary vehicular
and pedestrian ingress and egress between Mesa Drive and the Moriarty Property. The use of the
foregoing easement by Moriarty shall be for secondary access only, defined as access for only
such times that access between the Moriarty Property and Mesa Drive over the Birch Street
Extension is physically impassable to vehicles and pedestrians excluding any such impassability
as is due to forces or conditions created, brought about, or exacerbated by the owners, agents, or
invitees of the Moriarty Property, and only for such access as is necessary for residential use.
Brockman, and all successors, reserves the right to prohibit any access over the Jackass Alley
Easement at any time that access is physically available over the Birch Street Extension.
2.2 Grant of Utility Easement. Brockman hereby grants to Moriarty a
nonexclusive perpetual easement appurtenant to and for the benefit of the Moriarty Property on,
over, and across the Jackass Alley Easement, and only that area, for the purpose of maintaining,
repairing, and operating the gas and water utilities existing within the Jackass Alley Easement
Area for the benefit of the Moriarty Property as of the date of this Agreement, together with the
right of access over and across the surface of the Jackass Alley Easement as reasonably
necessary to enable Moriarty to maintain, repair, and operate said utilities, consistent with all
other existing easements of record on the Jackass Alley Easement existing as of the date of this
Agreement.
2.3 Maintenance. The fee owner(s) of the Jackass Alley Easement shall be
responsible for the routine maintenance and repair of the portions of the Jackass Alley Easement
owned by each such owner, which such maintenance and repair to be in that owner's reasonable
discretion.
2.4 Quitclaim. With the sole exception of the easements and rights created
under this Agreement, Moriarty, on behalf of himself and his successors and assigns, does
hereby remise, release, and quitclaim to Brockman any and all right, title and interest held by
Moriarty in and to the property within the boundaries of the 2100 Mesa Property and the 2148
Mesa Property, including the Jackass Alley Easement.
2.5 Moriarty Property Clearance and Easement. Moriarty, on behalf of
himself and his successors and assigns, acknowledges and consents to be bound by that specific
road and utility easement described as Parcel 2, in the Corporation Grant Deed, document no. 93-
0436812 of the Official Records, County of Orange, as traverses the Moriarty Property. Portions
of this easement have been improved by Moriarty with landscaping and other improvements.
Moriarty acknowledges the past and continuing permissive nature of such use, and covenants on
behalf of himself and his successors and assigns that the failure of Brockman, or her successors
or assigns, to contest such landscaping and other improvements, or otherwise attempt to clear the
easement area of such landscaping and other improvements, or any subsequent uses or
improvements thereon as may be placed by Moriarty or his successors or assigns, shall not give
538/010390.0001
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37
rise to any prescriptive rights, nor constitute any kind of waiver, now or in the future, of any
rights or claims by the holders of the rights under such easement to full use and enjoyment
thereof, and full enforcement of same.
3. Moriarty Improvements. No later than the date that is one hundred ten (110) days
after the recordation of this Agreement, Moriarty shall complete or cause to be completed the
improvements referenced in the Conveyance Agreement as the "Birch Street Improvements" in
accordance with the approved plans and with all applicable laws and the requirements in the
Conveyance Agreement. No changes shall be made to the plans without the prior written
approval of Brockman. In the event the Birch Street Improvements are not completed by such
date, in addition to any other remedy available to Brockman for such default, (i) Brockman shall
have the right to terminate the easements granted to Moriarty herein, and /or (ii) require that
Moriarty pay to Brockman upon demand the sum of One Hundred Fifty Dollars ($150.00) for
each calendar day past the stipulated completion date, until such date that the improvements are
completed. In connection with clause (ii) of the preceding sentence, payment shall be made on a
weekly basis on Monday of each week. If Moriarty fails to timely make such payment, interest
at the rate of ten percent (10 %) per annum or the maximum legal rate then applicable, whichever
is less, shall accrue on the amount owing by Moriarty to Brockman dating from the day payment
was due.
4. Confirmation of Prior Easement Rights. Moriarty hereby acknowledges that the
2128 Mesa Drive Property is encumbered by that certain easement for road and utility purposes
described as Parcel No. 2 of that certain deed recorded in Book 2273 at page 175 et seq. of the
Official Records of Orange County. Moriarty acknowledges that during his ownership of the
Moriarty Property Brockman has used the easement area for road purposes. Brockman and
Moriarty mutually agree that the full extent of any encroachments or improvements that have
been located on that portion of such easement area on the Moriarty Property have been
consensual.
5. Miscellaneous.
5.1 Covenants Run With the Land. Each and all of the restrictions, covenants,
and easements of this Agreement shall constitute equitable servitudes which shall apply to and be
binding on Brockman and Moriarty and all persons having or hereafter acquiring any interest in
any portion of the 2100 Mesa Property, the 2148 Mesa Property and/or the Moriarty Property
and each and all of their respective successors and assigns. The covenants contained in this
Agreement shall constitute mutual covenants running with the land in and to the 2100 Mesa
Property, the 2148 Mesa Property and the Moriarty Property benefitting and burdening each such
properties; shall be binding upon, and shall inure to the benefit of, the land in the 2100 Mesa
Property, the 2148 Mesa Property and the Moriarty Property and any portion thereof or interest
therein; and shall be binding upon, and shall inure to the benefit of, Brockman and Moriarty, all
successors and assigns and any person having or acquiring any portion of the foregoing
properties or any interest therein and their successive owners and assigns.
5.2 Conveyances. The easements conveyed hereunder are subject to all
encumbrances, easements, covenants, and other matters of record or apparent by a physical
inspection of said property.
538/010390.0001
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M
5.3 Entire Agreement, Waivers, and Amendments. This Agreement and the
items incorporated herein and the agreements referenced herein contain all of the agreements of
the Parties with respect to the matters contained herein, and no prior agreement or understanding
pertaining to any such matter shall be effective. All waivers of the provisions of this Agreement
must be in writing and signed by the appropriate authorities of the party to be charged. A waiver
of the breach of the covenants, conditions or obligations of this Agreement by either party shall
not be construed as a waiver of any succeeding breach of the same or other covenants, conditions
or obligations of this Agreement. This Agreement may not be modified, terminated, or
rescinded, in whole or in part, except by a written instrument executed and acknowledged by
Moriarty, or his successors or assigns, and Brockman, or her successors or assigns, and recorded
in the Office of the Orange County Recorder.
5.4 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
5.5 Severability. If any term, provision, covenant, or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of this Agreement shall not be affected thereby to the extent such remaining
provisions are not rendered impractical to perform taking into consideration the purposes of this
Agreement.
5.6 Notices. Any notice to be given under this Agreement shall be given by
personal delivery, by depositing the same in the United States Mail, certified or registered,
postage prepaid, or by depositing the same with Federal Express or another reputable overnight
delivery service, at the following address:
Brockman: Carla Brockman
3857 Birch St., 4607
Newport Beach CA 92660 -2616
Moriarty: Richard Moriarty
2128 Mesa Drive
Newport Beach, CA 92660 -1709
Any notice delivered personally shall be effective upon delivery. Any notice given by
mail as above provided shall be effective forty -eight (48) hours after deposit in the mails. Any
notice given by overnight delivery service shall be effective twenty-four hours after deposit with
such service. Any party may change its address for notice by giving written notice of such
change to the other party.
5.7 Litigation Expenses. In any judicial proceeding or arbitration between
Moriarty and Brockman seeking enforcement of any of the terms and provisions of this
Agreement, the prevailing party in such action shall be awarded, in addition to any damages or
injunctive or other relief, all of its actual and reasonable costs and expenses, including expert
witness fees, attorneys' fees, and costs of investigation and preparation prior to the
commencement of the action. The right to recover such costs and expenses shall accrue upon
538/010390.0001
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39
commencement of the action, regardless of whether the action is prosecuted to a final judgment
or decision.
5.8 Counterparts. This Agreement may be executed in counterparts, and all so
executed shall constitute one agreement binding on both parties hereto, notwithstanding that both
parties are not signatories to the original or same counterpart.
IN WITNESS WHEREOF, Brockman and Moriarty have entered into this Agreement as
of the date first written above.
538/020390-0001
1088418.13 .02/17/12
W.]16(ol"16 i /_ \►W
C. Z. BROCKMAN REVOCABLE TRUST,
under Trust dated June 7, 1989
CARLA ZWART BROCKMAN, TRUSTEE
"MORIARTY"
RICHARD MORIARTY
SI
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
State of California
County of
On , before me,
(Seal)
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
538/020390-0001
1088418.13 .02/17/12
-7-
(Seal)
rajm
EXHIBIT "1 -A" TO EASEMENT AGREEMENT AND QUITCLAIM DEED
LEGAL DESCRIPTION OF 2100 MESA DRIVE PROPERTY
2100 Mesa Drive Property
The real property located in the City of Newport Beach, County of Orange, State of
California, described as follows:
PASTEL I: TIRMW K*TWW OF I.Oft I IR TO mi. INC'I ovs OF TRACT N/5. 7W AND
PORTIONS OF NERA DRIVE AND RHKIN STREET, ADMININO, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 21.. PmWj%1 25. GF 6CLSCELLftNEO1JS MAPY, IN THE
OFt7CE OF THE CYRI NTY RECORDER OF SA IG COUNTY, DESCRIBED AR FnL131W5;
REGINNIWJ AT A POJKT I11J THE CENTER UNE OF NESA DRIVE 319.07 FEET
NOR.THWEgMLV OF THE CENTER LINE INTERSECTION OF SAID MMA MV£ WITH
THE CENTER LINE. OF CYPRESS STREET. SAID POINT OF RE(ANNNO RUNG ALSO
NORTH SO. 11' 40' WEST "A! FEET AS MEARURED ALONCI THE SAID CENTER LISL"•
OF MESA DRIVE FROM THE PASTERLY CORNER OF LOT-121N RM" $I OF IRVINE'%
11111DIMMON, AS SHOWN ON A MAP THFRTOF RECORDED IN BOOR 1. PAORS) SIL
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
TRFJiICE
917H 36-13'0.q* WEST 230.06 FEET; MENCF NORTH.%1 I1'35' WrNT ALONG
A UNE PARALLEL W 1TH. SAIL} MESA ORIV E 4114.71 FELT TO A POINT, SAID POINT BFJNCL
ON A CARVE CONCAVE MWTHWERFRLY HAVING A RAPIDS OF SIXIM FEET, THE
RADIAL LINE OF SAID CURVE FRCIM SAID POINT BEARS NORTH 36+ 23' 05' WEST:
THENCE NORTHEASTERLY ALONG SAID CLRV E THROUGH A CENTRAL ANCH -K OF U•
411' 40'. AN ARC DISTANCE OF 120.51 FEET TO A LIEN: TANOTiNT, SAID UNE TANGENT
BEING THE PROLONGATION OF THE CENTER LINE OF BIRCH STREET, AS NIFACIREI7
AT RIOHT ANGLER OF 10E.SA DRIVE FROM THL• C'EN'1''EaR LINE INTERSECTION OF MFSA
DRIVE. AND BIRCH STREET THENCE NORTH 29= CS' IS' EAST 130,21 FEET T40 SAIl1
CENTER LINE I NTF,RSECTION OF 16TF -SA DRIVE AND BIRCH STREET; THENCE SHRTH SP
11'45' EAST ALONG THE CENTER UNL OF MESA DRIVE 459.27 FELT TO THE POI RT 4F
BBOINNING.
THAT PORTION OF BIRCH STREET AS ."OWN ON A MAP OF TRACT 706. RECORDED IN
BOOK 21 PAGE CSI 25. OFFICIAL RECORDS MISCELLANECx1S MAPS. IN THE IIFFICE OF
THE COUNTY RECORDER[ OF SAID COUNTY. INCLAIDED WITHIN THE RMEIN
DERRIIBED LAND. WAS ABANDONED JULY 10, 1951. A CERMFIED Copy OV
RESOLV719M OF ABANDONMENT BEING RECORDED JULY 17. 1951 IN 8O1I 2145.
PAG P3 S163L OFF14 -IAI. RECORDS.
PARCELS AN EASEMENTFORROADANDUT7L17YPIJRPOSES30 FEETON WIDFHOVER
THOSE PORTIONS OF LOPS 436 TO 121 INCLVSIVE OF TRACT NO. fib, INCIAIOINU A
PIATNIN OF BIRCH ,S'IREEFIN TILE CITY OF NEWPORT BEACH. COUNTY OF ORANGE.
STATE OF CALIFORNIA, AS SHOWN ON A AIAP THEREOF RECIIRIIER IN B130K 21,
PAGECSI 24. MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. LYING
SOUTHWESTERLY OF AND ADJOINING THE SOUTHWERTERLY LINE OF PARCEL. 1
HEREIN.
538/020390-0001
1088418.13 .02/17/12
42
EXHIBIT "1 -B" TO EASEMENT AGREEMENT AND QUITCLAIM DEED
LEGAL DESCRIPTION OF 2148 MESA DRIVE PROPERTY
2148 Mesa Drive Property
The real property located in the City of Newport Beach, County of Orange, State of
California, described as follows:
PARCEL 1:
THAT PORTION OF LOT 152 IN BLOCK 51 OF IRVINES SUBDIVISION, AS SHOWN ON A MAP
RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS RECORD MAPS RECORDS OF
ORANGE COUNTY, CALIFORNIA, TOGETHER WITH THOSE PORTIONS OF LOTS 114, 115, 118
AND 119 OF TRACT 706, RECORDED IN BOOK 21 PAGE 25, OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY, ALL IN THE CITY OF NEWPORT BEACH, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF CYPRESS STREET AND
MESA DRIVE AS SHOWN ON A MAP OF SAID TRACT 706; THENCE NORTH 50 DEGREES I P
45" WEST ALONG THE CENTERLINE OF SAID MESA DRIVE, 310.62 FEET; THENCE SOUTH 36
DEGREES 13'05" WEST 250.06 FEET TO THE TRUE POINT OF BEGINNING.
SAID POINT OF BEGINNING ALSO BEING THE MOS: SOUTHERLY CORNER OF THE LAND
DESCRIBED IN PARCEL 1 OF THE DEED TO ROLAND H. GAPP AND WIFE, RECORDED
JANUARY 11, 1952 IN BOOK 2273 PAGE 175, OFFICIAL RECORDS.
THENCE, CONTINUING SOUTH 36 DEGREES 13'05" WEST 551.55 FEET TO THE SOUTHERLY
LINE OF THE LAND CONVEYED TO JAMES L. RUBEL AND WIFE, BY DEED RECORDED
JULY 23, 1951 IN BOOK 2207 PAGE 198, OFFICIAL RECORDS; THENCE NORTH 76 DEGREES
I F 45" WEST ALONG SAID SOUTHERLY LINE, 175.00 FEET; THENCE NORTH 36 DEGREES
13' 05" EAST 628.41 FEET TO A LINE THAT BEARS NORTH 50 DEGREES 11' 45" WEST FROM
THE TRUE POINT OF BEGINNING; THENCE SOUTH 50 DEGREES 11' 45" EAST 162.10 FEET
TO SAID TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 30
FEET IN WIDTH. THE SOUTHEASTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF MESA DRIVE, AS SHOWN BY SAID MAP
OF TRACT 706 DISTANT THEREON NORTH 50 DEGREES I1' 45" WEST 310.62 FEET FROM
THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER OF CYPRESS STREET AS
SHOWN ON SAID MAP AND RUNNING THENCE SOUTH 36 DEGREES 13' 05" WEST 250.06
FEET.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN MESA DRIVE.
538/010390.0001
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2161
EXHIBIT "2" TO EASEMENT AGREEMENT AND QUITCLAIM DEED
LEGAL DESCRIPTION OF MORIARTY PROPERTY
The real property located in the City of Newport Beach, County of Orange, State of
California, described as follows:
A T A Y RRTAW"NDS AIRDWnISMATBWCALi1 NrACOUNTYOF ORANGE, CITY' OFNEWPORT
DEACIL DESCRIBED M POL1.015 ,
PARCELI
A PORTION OF LOT IM IN BLOCK 51 OF IRVINE'S ST IDWISIOH, AS PER
MAP RECORDED IN BOOK 1 PAGE ST OF MISCELLANEOUS RECORD MAPS. IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, TOGETHER WITHi PORTIONS OF LOTS 104
TO 115 INCLUSIVE AND OF LOTS 120 AND 121 AND OF BIRCH STREET AND BAYVI'EW DRIVE, AS
SHOWN ON A MAPI F TRACT MO. 706, RECORDED IN BOOK 21 PAGE 25 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOW;
BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF MESA DRP'E AND CYPRESS STREET
AS SHOWN ON SAR3 MAP OF TRACT NO, 706: THENCE NORTH 50^ 11' 45' WEST 310.62 FEET ALONG
THE CENTERLDNE OF SAID NERA DRIVE; THENCE SOUTH 36° 12' OS' WEST MAD FEET TO THE
MOST SOUTHERLY CORNEA OF THE LAND DESCRIBED IN PARCEL I OF THE DEED TO ROLAND H.
LAPP AND WIFE, RECORDED JANUARY I1, I9S21N ROOK 2273 PAGE ITS OF OFFICIAL R ECORDS;
THENCE NORTH 50. 11' 45' WEST 324.24 FEET ALONG THE SOUTHWESTERLY LINE OF ROLAND H.
GAPP TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36' 23' 05' WEST 705.11 FEET TO A
POINT ON A NON - TANGENT CURVE ON THE SOUTH ERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO JAM ES L. RUBEL AND WIFE. RECORDED JULY 23, 1951 IN DOOR 2207 PAGE 190. OFFICIAL
RECORDS, CONCAVE !NORTHEASTERLY HAVING A RADIUS OF BLO.00 FEET, A RADIAL LINE
THROUGH SAID POINT BEARS SOUTH IS' 21' 53' WEST; THENCE NORTHWESTERLY 324. 17 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24. 34'4G: THENCE NORTH SD" 03':P'
WEST 52.06 FEET TO A PONT ON A NON-TANGENT CARVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 2H0:00 FRET. THE RADIAL LINE OF WHICH BEARS NORTH 43° 07'17' WEST, SAID
POINT ALSO BEING THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO
RUSEL AND WIFE; THENCE NORTHEASTERLY 19.61 FEET ALONG SAID CURVE AND THE
WESTERLY LINE OF TIM LAND DESCRIBED IN &AID DEED TO RUBEL AND WIFE, THROUGH A
CENTRALANGLEOFO' 32'25 THENCE NORTH46.W'n- FAST244.3A FEETc0VT3NUINO ALONG
SAID WESTERLY LINE TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF N10.00 FEET; THENCE NORTHEASTERLYM-50 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF TO" 15'20% THENCE NORTH 56' 35'341" EAST 413.18 FEET TOTH E BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 500.00 FEET; THENCE
NORTHFASTERLY25.99 FEET ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 2. 58',U' TO
THE MOST WESTERLY MINER OF THE LAND DESCRIRED IN THE HFREINAEOVE MENTIONED
DEED TO ROLAND H. LAPP AND W1FF' THENCESOUTH 50. 11'4.5` EAST 165.99 FEETALONOTHE
SOUTHERLY LINE OF ROLAND N. LAPP TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT. RECORDED FEBRUARY 15, 1951 IN BOOK 5629 PACE 45, OFFICIAL RECORDS.
ALSO EXCEPT TH EREFROM THAT PORTION LYING NORTHWESTERLY OFTHE LINE DESCRIBED IN
PARCEL F01- 105.01 IN THE FINAL ORDER OF CONDEMNATION RECORDED DECAMBER 15, 1976 IN
BOOK 11997 PAGE 22, OFFICIAL RECORDS-
PARCEL 2
AN EASEMENT FOR INGRESS AND EGRESS. 16.00FEET WIDE OVER THOSE PORTIONS OF LOTS 115.
119 AND 120 OF TRACT NO. 106, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE
OF CAUPORN /A, AS PER MAP RECORDED W BOOK 21 PAGE 25 OF MISCELLANEOUS MAPS. IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 8.00 FEET ON EACH SIDE OF THE
POIIDWING DESCRIBED CENTERLINE,
BEGINING AT THE NORTHERLY CORNER OF THE LAND DESCRIBED IN A DEED TO DONALD C.
DUNCAN AND WIFE RECORDEDSEPTEMBFR 26. 1955 IN BOOK 3221 PAGE 70, OFFICIAL RECORDS;
THENCE SOUTH 36' 13'W' WEST M-ft FELT. ALONG THE NORTHWESTERLY LINE OF SAID LAND;
THENCE NORTH 50' I V MS' WEST 71.28 FEET ALONG A LINE THAT IS PARALLEL WITH AND 10.0
FEET SOUTHW ESTFRL V OF THE NORT -E AS MLY LINE OF THE LAND DESCRIBED IN A DEED TO
LEROY L CARVER, III- AND FRANCES H. CARVER. HUSBAND AND WIFE. RECORDED MAY 9, 1961
IN BOOK 5'114. PAGE I OF OFFICIAL RECORDS. TO THE TRUE POINT OF BEGINNING: THENCE
NORTH 69' 2T M' WEST 38.00 FEET; THENCE NORTH M' U' S6' WEST. 36.24 MET; THENCE
SOUTH 74' 43' M' WEST M.1I FEET TO A POINT W THE NORTHWESTERLY LINE OF SAID LAND
DESCRIBED TO LEROY L. CARVER. III- AND FRANCES H. CARVER. HUSBAND AND WIFE, SAID
PRINT BEING SOITIH M' 13' O5' WEST 95.63 FEET FROM THE MOST NORTHERLY CORNER OF THE
LAND DESCRIBED TO LEROY L CAR V M. M.. AND FRANCES H. CARVER. HUSBAND AND WIFE.
538/020390-0001
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119,1
EXHIBIT "3" TO EASEMENT AGREEMENT AND QUITCLAIM DEED
LEGAL DESCRIPTION OF BIRCH STREET EXTENSION EASEMENT
The real property located in the City of Newport Beach, County of Orange, State of
California, described as follows:
Project: Recreational Trail
Project No.: TR47C
Parcel No., 102
That portion of Birch Street, in the City of Newport Beach, County of Orange. State
of California, shown on a map of Traci No. 706 recorded in book 21, page 25 of
Miscellaneous Maps in the office of Me County Recorder of said county, and abandoned
by that certain Resolution of the Board of Supervisors of said county, recorded July 17.
1951 in book 2145, page 618 of Official Records in the office of said County Recorder,
bounded as follower
Nort?vesterly by the center line of said Birch Street per said Tract;
Southeasterly by the northwesterly line of Lot 121 of said Tract:
Northeasterly by the northwesterly prolongation of the northeasterly line of said Lot
121; and
Southwesterly by the southwesterly line and its northweatedy prolongation of the
land described as `Parcel No. 1' in a deed to CarlaZwert Brockman, as trustee of 1heC.Z.
Brockman Revocable Trust, recorded February f7, 1998 as Document No. 19984087243
Of said Official Records.
Containing 4.152 Acre, more or less.
APPROVED:
P evlik,
I Surveyor, L.S. 5188
on Date: June 34, 2043
538/020390 -0001
1088418.13 .02/17,12
1c). (0.99
Date
45
EXHIBIT "4" TO EASEMENT AGREEMENT AND QUITCLAIM DEED
LEGAL DESCRIPTION AND DEPICTION OF JACKASS ALLEY EASEMENT
LEGAL DESCRIPTION FOR ACCESS EASEMEI?T
THOSE PORTIONS OF LOTS 119 AND 119 OF TRACT NO. 706, IN THE CITY OF
NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN
ON A MAP THEREOF RECORDED IN BOOK 21, PAGE 25, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY„ DESCRIBED AS FOLLOWS: '
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MESA DRIVE
AND CYPRESS STREET AS SHOWN ON SAID MAP OF TRACT NO. 70t THENCE
NORTH 49 °22'18' WEST ALONG THE SAID CENTERLINE OF MESA DRIVE, 310.62
FEET; THENCE SOUTH 37°02°31' WEST, 30.06 FEET TO A POINT ON THE
SOUTHWESTERLY LINE OF SAID MESA DRIVE; 60 FEET WIDE; THENCE ALONG
SAID SOUTHWESTERLY LANE', NORTH 49'22'19' WEST, 8.06 FEET TO THE TRUE
POINT OF REGINNING; THENCE LEAVING SAID SOUTHWESTFRLY'LIN.E ALONG
THE FOLLOWING COURSES:
1. SOUTH 38%7'25 "WEST', 49.15 FEET;
2. SOUTH 3IM22° WEST, 8.99 FEET;
3. SOLPTH 25tO'23' W€ST', 6.42 FEET;
4. SOUTH 36 °33°23" WEST" 155.78 FEET:
5. SOUTH 49°22'19` WEST, 3.92 FEET;
6. SOUTH 37 °10"23' WEST, 14.43 FEET;
7. NORTH 50`33 °23' WEST, 18.33 FEET TO THE BEGINNING OF A NON_
TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
70.00 FEET, A RADIAL UNE TO SAID POINT BEARS SOUTH 14 °07'13'
VVEST;
B- WESTERLY ALONG SAID CURVE„ 30.84 FEET THROUGH A CENTRAL
ANGLE OF 25 °19'14%
9, NORTH 60933'32"WEST, 39.74 FEET;
10,NORTH 4801TW WEST., 51.21 FEET TO THE iBEGINNING OF A TANGENT
CURVE CO'NCAViE SOUTHWESTERLY AND HAVING A RADIUS OF 717.00
FEET,
538/020390 -0001
1088418.13 .0'/17/12
t1M
11, NORTHWESTERLY ALONG SAID CURVE' 27.63 FEET THROUGH A
CENTRAL ANGLE OF 22 036"52';;
12.NON•TANIGENT„ 'NORTH 60 °0316x` WEST: 113:43 FEET. TO THE.
SOUTHEASTERLY UNE OF (PARCEL 1 IIN THE DOCUMENT RECORDED
SEPTEMBER 22, 2003 AS INSTRUMENT NO. 2003001162343, OFFICIAL
RECORDS OF SAID COUNTY;
13.ALONG SAID SOUTHEASTERLY LINE, NORTH 37 "02 °48' EAST, 15.41 FEET,
14.LEAVING SAID SOUTHEASTERLY LINE,. SOUTH 57°15'37' EAST, 21.95 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY
AND HAVING A IRADJUS OF 125:00 FEET:
45.',SQUTHEASTERLY ALONG SAID CURVE, 18.55 FEET THROUGH A
C'EN'TRAL ANGLE OF 8`30'lWP
16, SOUTH 46'45"2'(" EAST. 611:72 FEET,
IITTHENCE SOUTH 59 °448'07 EAST, 16.04 FEET TO THE IBEGINNING OF A
TANGENT CURVE CONCAVE NOR,THPWESTERLY AND (HAVING A RAD-IIU'S
OF 21.00 FEET:,
18,.E,ASTERLY AND iNORTHEASTERLY ALONG SAID CURVE', 31.83 FEET'
THROUGH A C ENTRAL ANGL€, OF' 87 °i @8'38 ";
19'. NORTH 3- P10514" EAST, 203-83 FEET TO SAID SOUTHWESTERLY LINE OF'
IMESA DRIVE;
20i,ALONG SAID SOUTHWESTERLY LINE, SOUTH 449"22'19" EAST, 15.34 FEET
TO THE I€'OINT OF BEGINNING. ,
AS SHOWN ' ON'OHh91T 090'A,rrACHED HERETO AND
SY'TH'8'S REFERENCE MADL A PART HEIWOP
CONITAINS 6,252 842UAPJE FEET. MoR5 OR LESS
Prepaniad vaftf my supervWon:
-s
David O. Knell IPL 5301 — -f Date Y `:44+x. -_ ,atf�
538/020390 -0001
1088418.13 .0'/17/12
-2-
47
EXHIBIT mer
�I
W W
MESA DRIVE
� W
IIN
537Y121 -1
30.96' C,i
_ 1IS N44'22';7%''
SENENI USUS,
'47'W
Lt 536'25.15
99
IL2 599'0'21 W
$95'
4
L3 52590'.23'W
G.42
+I "7,40'
L4 536'3523`,5'
95192,
6.7�'
L6 5?9'17"19'W
192'
'^� n
LE S371623 *W
30.43'
L7 N96"2'23"'N
6833'
L5 N593S32 "N
39.71'
E 2
44 Na977'5G'w
31.2V
410 N59U530•W
1143'
1,11 H37'02P40%
1 &4'u'
q
W2 SS-,160T
21.9
^-93 548'k5'2tle
61.77
L14 S5i'48'97'E.
IS.09•
US 88P01410
203.55
LIS 549W'69'E
4 47.3u'
C7 0= 25Y914"
L =57.94'
R -7-0.07
C2 0 =22'36''57"
L =77.67
R =7$09•
q
FY5
0 7= OB30'IS'
I; 73.` -5'
R =125.08
N 0= 07UP'35"
L- 31,93'
R =21,09'
�\ ,
e+
LIZ
ua
ENYCCL55
CASFIAEDIT
L6
°/WILLC7AiVI !MIsiba1 � Mss srtt =a9' yaf. G4 /1�a6st! SKETCH TO ACCOMPMiY
1 —3 ° '°1° ® W K° ° ' 9as�13r. 5co nji.k5 W. DOK LEGAL OESCRIPTION
538/020390 -0001
1088418.13 002/17/12
-3-
V
2
a
42
EXHIBIT "C"
BROCKMAN AS -BUILT PLANS
[Attached]
538/020390-0001
1088418.13 .02/17/12
T9
EXHIBIT "D"
MORIARTY AS -BUILT PLANS
[Attached]
538/020390-0001
1088418.13 .02/17/12
50
EXHIBIT "E"
RECORDING REQUESTED BY AND:
WHEN RECORDED MAIL TO:
PUBLIC WORKS DEPARTMENT
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
RECORDING FEE EXEMPT, PER GOV'T. CODE § 27383 (Space above line for Recorder's use only)
A.P.N.
GRANT OF EASEMENT
IN FAVOR OF THE CITY OF NEWPORT BEACH
(2100 and 2148 Mesa Drive)
This GRANT OF EASEMENT is made and entered into as of , 2012, by and
between the C.Z. BROCKMAN REVOCABLE TRUST, under Trust dated June 7, 1989, by and
through Carla Zwart Brockman, as Trustee ( "Grantor "), as the owner of the property located at
2100 and 2148 Mesa Drive, Newport Beach, California, and the CITY OF NEWPORT BEACH,
a municipal corporation ( "City ").
Grantor does hereby grant to the City, its officers, employees, agents, contractors and
invitees, without liability and without warranty, a non - exclusive easement for emergency ingress,
egress, access, inspection, testing and incidental purposes (the "Public Safety Easement ") on,
over and across the area described on Exhibit "A" and depicted on Exhibit `B" attached hereto.
This Public Safety Easement in favor of the City is not a gift or dedication of any portion
of Grantor's property except as expressly set forth herein, and is strictly limited to the purposes
expressed herein.
Nothing in this easement deed is intended nor shall anything in this easement deed be
construed to transfer to City or its successors or assigns or to relieve Grantor or its successors or
assigns or predecessors in title of any responsibility or liability Grantor or its successors or
assigns or predecessors in title now has, has had or comes to have with respect to human health
or the environment, including but not limited to responsibility or liability relating to hazardous or
toxic substances or materials (as such terms as those used in this sentence are defined by statute,
ordinance, case law, governmental regulation or other provision of the law). Furthermore, City
may exercise its right under law to bring action, if necessary, to recover clean up costs and
penalties paid, if any, from Grantor or any others who are ultimately determined by a court of
competent jurisdiction and/or a federal, state or local regulatory or administrative governmental
agency or body having jurisdiction, to have responsibility for said hazardous or toxic substances
538/010390.0001
1088418.13 .02/17/12 -1-
151
or materials upon, within, or under the real property interests transferred pursuant to this Public
Safety Easement. Notwithstanding the foregoing, City shall be and remain liable for any
hazardous or toxic substances or materials which become located, because of City's operations,
upon, within or under the real property interests transferred pursuant to this Public Safety
Easement.
IN WITNESS WHEREOF, Grantor and City have entered into this Public Safety
Easement as of the dates set forth below.
538/020390-0001
1088418.13 .02/17/12
2012 GRANTOR
Carla Zwart Brockman, Trustee of the C. Z.
BROCKMAN REVOCABLE TRUST,
under Trust dated June 7, 1989
2012 CITY
-2-
By:
Its:
52
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
State of California
County of
On , before me,
(Seal)
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
538/020390-0001
1088418.13 .02/17/12
-3-
(Seal)
53
ACCEPTANCE CERTIFICATE
Pursuant to the provisions of Resolution 92 -82, approved July 27, 1992, of the City of Newport
Beach, State of California, I, David Kiff, City Manager of the City of Newport Beach, hereby
request recordation of the within easement deed, and accept on behalf of the public the interest in
real property conveyed by the within easement deed, dated , 2012, from Grantor.
Dated: .2012
DAVID KIFF
City Manager of the City of Newport Beach
Approved as to form: Attest:
City Attorney
State of California
County of
On
before me,
LEILANI I. BROWN
City Clerk
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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)
538/020390-0001
1088418.13 .02/17/12
ME
`9
EXHIBIT "A"
LEGAL DESCRIPTION OF PUBLIC SAFETY EASEMENT
LEGAL DESCRIPTION FOR ACCESS EASEMENT
THOSE PORTIONS OF LOT'S 116 AND 119 OF TRACT NO. 708. IN THE CITY OF
NEWPORT BEACH; COUNTY OF ORANGE. STATE OF CALIFORNIA, AS SHOWN
ON A MAP THEREOF RECORDED IN BOOK 21, PAGE 25, MISCELLANEOUS MAPS',
RECORDS OF SAID ORANGE COUNTY„ DESCRIBED AS FOLLOWS; '
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF MESA DRIVE
AND CYPRESS STREET AS SHOWN ON SAID NEAP OF TRACT NO. 706;, THENCE
NORTH 49 °22'19' WEST ALONG THE SAID CENTERLINE OF MESA DRIVE, 910.62
FEET; THENCE SOUTH 31'0731° WEST, 30.08 FEET 'TO A POINT ON THE
SOUTHWESTERLY LINE CF SAID MESA DRIVE; 60 FEET WID$ THENCE ALONG
SAID SOUTHWESTERLY LINE, NORTH 49 °2249" WEST, 8.68 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING sxD SOUTHW6STI=RLY'LIN'.E ALONG
THE FOLLOWING COURSES,
538/020390 -0001
1088418.13 .0'/17/12
I- SOUTH 36047'25 "WEST', 49.15 FEET;
2. SOUTH 39.50'22 WEST; 8:96 FEET;
3. SOUTH 25 "00'23' WEST', 6.42 FEET;
4. SOUTH 36°33 23 °WEST. 155.78 FEET';
5. SOUTH 49'22'19` WEST, 3.92 FEET;
6. SOUTH 37 °110"23 "WEST', 14.43 FEET;
7. NORTH 50`33 °23' WEST. 18.33 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF
70.40 FEET. A RADIAL LINE TO SPJD POINT BEARS SOUTH 14 °07'13
WEST;
8. WESTERLY ALONG SAID CURVE„ 30.94 FEET THROUGH A CENTRAL
ANGLE OF 25°19'14"
9, NORTH SO°33'32"WEST, 39.74 FEET;
10- NORTH 4001TW WEST, 3$21 FEET TO'THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY' AND HAVING A RADIUS OF 70.00
FEET;
-I-
1515
11, NORTHWESTERLY ALONG SAID CURVE, 27.63 FEET THROUGH A
GENTRAL ANGLE OF 22136152'°;
i2,N',ON- TAN1GE-NT,; NORTH 90'03'39+` WEST, 13.45 FEET. TO THE.
SOUTHEASTERLY LINE OF PARCEL 1 IN THE DOCUMENT RECORDED
SEPTEMBER 22. 2M3. AS INSTRUMENT NO: 2003001162343. OFFICIAL
RECORDS OF SAID COUNTY;
13.ALONG SAID SOUTHEASTERLY LINE, NORTH 3702'48' EAST. 18.41 FEET;
14.LEAVING SAID SOUTHEASTERLY LINE, SOUTH 57"1637° EAST, 21.95 FEET
'TO THE BEGINNING OF A TANGENT -CURVE CONCAVE SOUTHWESTERLY
AND 14AVING A •RADIIUS OF 126.001 FEET;
15. SOUTHEASTERLY ALONG SAID CURVE, 18.55 FEET THROUGH A
CENTRAL ANGLE OF 8130'16 ";;
16. SSOUT14 48"45'21" EA$T;181:72 FEET;
17,THENC€ SOUTH 55 °48'07 EAST, 16.104 FEET To THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS
OF 21.60 PEET :,
18.€AST€RLY AND NORTHEASTERLY ALONG SAID CURVE, 31.83 FEET
THROUGH A CEN-TRAL ANGLE CF 87 00938';
19. NORTH 37°95'14' EAST, 20383 FEET' TO SAID SOUTHWESTERLY LINE OF
MESA DRIVE;
20, ALONG $AID SOUTHWESTERLY LINE, SOU1TH •48`22'19' EAST, 15.34 FEET
TO THE POINT OF SEGINNING..
AS SHOWN ON E <H19fT "B°ATTACHED HERETO AND
BY THIS REFERENCE MADE A. PART HEREOF
CONTAINS 6,252 SQUARE FEET, MORE OR LE-S-3
Prspsrbl urtcWimysapervWom':.
0.
David 0. Knoll: '5301 Date
538/020390 -0001
1088418.13 .0'/17/12
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50
EXHIBIT "B"
DEPICTION OF PUBLIC SAFETY EASEMENT
EXHIBIT 113'
W�
MESA DRIVE �� � "`30��� °" U)
W 1-
30.06' 1 Zccl+
0 1
&06'
SEGMENT
Th&E
_11•.
u
SW472VW
49.15'
i
L2
SM W0'21'W
5.95'
L3
L4
52sW23'W
S353523'W
&42'
155.78'
LS
5457219'W
39Y
L5
53719'23'W
1443'
L7
NW33'23'W
I &33'
Le
N509S3YW
39.74'
L9
N4S77'5S'W
3121'
L10
K4klW30W
1345'
W�\
Lll
N37927OT
1 &41'
L12
55715'3YE
21.95'
L13
54545,21,E
61.72
L14
555'4S'07'E
1 &04'
LIS
1*n5'14'E
203&5
L16
5497!19'(
15,34'
6'1
0= 2519'14'
L- 3094'
R- 3{1.00'
Q
0.2236'52'
L.27.65
R =701V
C3
0 =06'30'16'
L=16.55'
R•12500'
C4
0= 67f)S'7S'
L-31.93'
R.2LOW
ACCESS
EASEMENT
W
DMWWON
pf%1hWAT
WR�t]p� .rw Main 4O6➢IYN 4an h°1°wK+'"1 a SO71L I'� 09L W"Im11 SKETCH TO ACCOMPANY
i° nR�+ eE: sre aEm w o0- I LEGAL DESCRIPTION
538/020390-0001
1088418.13.02/17/12
-1-
m
EXHIBIT "F"
CITY EASEMENT QUITCLAIM DEED
WHEN RECORDED MAIL TO:
Carla Brockman
3857 Birch St., #607
Newport Beach CA 92660 -2616
(Space Above for Recorder's Use)
DOCUMENTARY TRANSFER TAX S
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
CITY EASEMENT QUITCLAIM DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY
OF NEWPORT BEACH hereby quitclaims any and all right, title or interest in and to those
portions of property described as Parcel 1 and Parcel 2 in the legal descriptions attached to that
certain "Grant of Easement in Favor of the City of Newport Beach recorded on or about August
8, 2008 as document no. 2008000379469," created by or arising out of such instrument. This
City Easement Quitclaim Deed is recorded to eliminate questions that have arisen regarding the
authority of the grantors listed in the "Grant of Easement in Favor of the City of Newport Beach"
to convey the easement purported to be granted thereunder as to Parcel 1 and Parcel 2 described
therein, and substantially similar easement rights are to be conveyed to the City of Newport
Beach by the fee owner of said Parcels 1 and 2, in Replacement Public Safety Easement form to
be recorded concurrently herewith.
Dated: . 2012
It • It 1
City Manager of the
City of Newport Beach
Approved as to form: Attest:
City Attorney
538/020390-0001
1088418.13 .02/17/12
LEILANI L BROWN
City Clerk
State of California
County of
On
before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
538/020390-0001
1088418.13 .02/17/12
-2-
(Seal)
15q
EXHIBIT "G"
CITY/MORIARTY GRANT OF EASEMENT
WHEN RECORDED MAIL TO:
Richard Moriarty
2128 Mesa Drive
Newport Beach CA 92660
DOCUMENTARY TRANSFER TAX $ 0
(Space Above for Recorder's Use)
.....Computed on the consideration or value of property conveyed; OR
.....Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
GRANT OF EASEMENT
For a valuable consideration, receipt of which is acknowledged, the CITY OF
NEWPORT BEACH, a California municipal corporation ( "City "), hereby grants and conveys to
RICHARD MORIARTY, an individual ( "Moriarty "), the following:
(i) a nonexclusive perpetual easement appurtenant to and for the benefit of
the Moriarty Property (as described below) on, over, and across the surface of that certain
real property described in the legal description attached hereto as Exhibit "1"
( "Easement Area "), for vehicular ingress and egress between Mesa Drive and the
Moriarty Property; and
(ii) a nonexclusive perpetual easement appurtenant to and for the benefit of
the Moriarty Property on, over, under, across, and through the Easement Area for the
purpose of owning, operating, reconstructing, maintaining, repairing, improving, and
replacing an existing sewer line and related facilities, together with the rights of ingress
and egress on, over, and across the Easement Area as reasonably necessary to enable
Moriarty to own, operate, reconstruct, maintain, repair, improve, and replace said sewer
line and related facilities.
The easements granted herein are appurtenant easements and not easements in gross and
are appurtenant to and granted for the benefit of that certain real property owned by Moriarty and
located at 2128 Mesa Drive in the City of Newport Beach, County of Orange, State of California,
more particularly described in the legal description attached hereto as Exhibit "2" ( "Moriarty
Property"),
538/020390-0001
1088418.13 a02/17/12
W
IN WITNESS WHEREOF, City has executed this Grant of Easement on this day of
, 2012.
"CITY"
CITY OF NEWPORT BEACH, a California
charter city
C
Its:
State of California
County of
On before me, ,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
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.
538/020390-0001
1088418.13 .02/17/12
-2-
(Seal)
01
EXHIBIT "1" TO GRANT OF EASEMENT
LEGAL DESCRIPTION OF EASEMENT AREA
The real property located in the City of Newport Beach, County of Orange, State of
California, described as follows:
Project: Upper Newport Bay Regional Park
Project No.: PR47D
Parcel No.: 304
Those portions of Birch Street and Lot 121, in the City of Newport Beach, County of
Orange, State of California, shown on a map of Tract No. 706 recorded in book 21, page
25 of Miscellaneous Maps in the office of the County Recorder of said county, and
abandoned by that certain Resolution of the Board of Supervisors of said county, recorded
July 17, 1951 in book 2145, page 618 of Official Records in the office of said County
Recorder, bounded as follows:
Northwesterly by the centerline of said Birch Street per said Tract;
Southeasterly by a line that parallel and concentric with and 30.00 feet .
southeasterly from the centerline of said Birch Street;
Northeasterly by the southwesterly line and its northwesterly prolongation of the
land described as "Parcel V In a deed to Carla Zwart Brockman, as trustee of the C.Z.
Brockman Revocable Trust, dated June 7, 1989, said deed being recorded February 17,.
1988 as Document No. 199 80087243 of said Official Records; and
Westerly by the northerly prolongation of that certain course shown as "T -7" having
a bearing and length of S.1301W40"W., 24.03 feet, in the generally southeasterly line of
the land described as Parcel °F01- 105.01' to the Orange County Flood Control District as
shown on page 3 of Record of Survey 93 -1026 filed in book 146, pages 2 through 7 of
Records of Survey in the office of said County Recorder.
Containing 625 Square Feet, more or less.
See EXHIBIT B attached and by reference made a part,
APPROVED
9 �tVIDPL ,
0, Date: S Io a
John . Pavlik L.S. 51 5169 p
$ nn Dstc' lone 30, 201 t e 0,X111
i
OFG6"
538/020390 -0001
1088418.13 a02/17/12
02
EXHIBIT "2" TO GRANT OF EASEMENT
LEGAL DESCRIPTION OF MORIARTY PROPERTY
The real property located in the City of Newport Beach, County of Orange, State of
California, described as follows:
AIL ].uTCRRTAw IANP4IEV AnIDBrn16 STATI9PCALMRNIA COTINTY aF ORANGE, CITY OFNE WPORT
BEACH, DESCRIBED AI FOLLORTS:
PARCEL 1:
A PORTION OF LOT 152 IN RLOCK $1 OF IRVINE'S SUBDIVISION, AS PER
MAP RECORDED IN BOOV I PAGE 92 OF MISCELLANEOUS RECORD MAPS', IN THE OFFICE OF THE
COUNTY RECORDER OFORANGE COUNTPY, CALIFORNIA, TOGETHER WITH PORTIOMSOF LOTS 104
TO 115 INCLUSIVE AND OF LOTS 120 AND 121 AND OF BIRCH STREET AND HAMEW DRIVE, AS
SHOWN ON A MAPOF TRACTNO. A*. RECORDED IN BOOK 21 PAGE 73 OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOW:
BEGINNING AT THE INTERSECTION OF THE L'ENTERLINET OF MESA DRIVE AND CYPRESS STREET
AS SHOWN ON SAID MAP OF TRACT NO. 706; THENCE NORTH 50-11- 45' WEST 310.62 FEET ALONG
THE CENTERLINE OF SAID MESA DRIVE; THENCE SOUTH 36' T2" 05' WEST 250.00 FEET TO THE
MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN PARCEL OF THE DEED TO ROLAND H.
OAPP AND WIPE, RECORDED JANUARY 11, 1952 W BOOK 2273 PACE 173 OF OFFICIAL RECORDS;
THENCE NORTH 50' 11" 45' WF3T 324.24 PEET ALONG THE SOUTHWESTERLY LINE OF ROLAND H.
LAPP TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36' 23'05' WEST 705.18 FEET TO A
PO1Nr ON A NON - TANGENT CURVE ON THESOUTHERLY LINE OF THE LAND DESCRIBED IN THE
DEED TOIAM ES L. RUBEL AND WIFE, RECORDED 7ULY T3, 19S] IN BOOK 2207 PAGE I", OFFICIAL
RECORDS, CONCAVE NORTHEASTERLY HAVING A. RADIUS OF 800.00 FEET, A RADIAL LINE
THROUGH SAID POINTBEARS SOUTH IS' 21' 53' WEST: THENCE NORTHWESTERLY 324.17 FEET
A1.014C SAID CURVE THROUGH A CENTRAL ANGLE OF 24' M' 40'; THENCE NORTH 50. 03. 27'
WEST 52.06 PERT TO A POINT ON A NON- TANGENT CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 21180.00 FEET, THE RADIAL LINE OF WHICH BEARS NORTH 43' 07-17- WEST, SAID
POINT ALSO BBINO THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN SAID DEED TO
RUREL AND WIFE;. THENCE NORTHEASTERLY 19.61 FEET ALONG SAID CURVE AND THE
WESTERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO RUBE, AND WIFE, THROUGH A
CENTRAL ANGLE OF O' 32'25-: THENCE NORTH 46' 20'2s, FAST 241.34 FEET C014TINUINIG ALONG
SAID WESTERLY LINE TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A
RADIUS OF 500.00 FEET; THENCE NORTHEASTERLY 99.Sm FEET ALONG SAID CURVE THROUGH A
CENTRAL. ANULEOF 10' u' 20': THENCE NORTH 56' 35' 38' EAST 418.18 FEET rO TH E BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF IWOO FEET; THENCE
NORTHEASTERLY25.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2. 58'43'70
THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE HEREINAEOVE MENTIONED
DEED TO POLAND H_ CAPP AND WIFE; THENCESOUTH 911' 11 "l3' EAST 165 -99 FF-ETALONGTHE
SOUTHERLY LINE OF ROLAND W CAPP TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION DESCRIBED IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT, RECORDED FEBRUARY 15, 1 M IN BOOK 5629 PACE 45, OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION LYING NORTHWESTERLY OF THE LINE DESCRIBED IN
PARCEL M1 -105.01 IN THE FINAL ORDER OF CONDEMNATION RECORDED DECEMBER 15, 3976 IN
BOOK 11 Pr PAGE 22, OFFICIAL RECORDS.
PARCEL
AN EASEMENT POR INGRESS AND EGRESS. I6M FEET WIDE OVER THOSE PORTIONS OF LOTS 115.
119 AND I OF TRACT NO. 706. IN THE CITY OF NEWPORT REACH, COUNTY OF ORANGE. STATE
OF CALIFORNIA, AS PER MAP RECORDED W BOOK 21 PAGE 23 OF MISCELLANEOUS MAPS, IN THE
OPPICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING 5.110 FEET ON EACH SIDE OF THB
FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE NORTHERLY CORNER OF THE LAND DESCRIBED IN A DEED TO DONALD C.
DUNCAN AND WIFE, REL'ORDEDSEPrEMBER 26, 195S IN BOOR 3223 PAGE 70, OFFICIAL RECORDS;
THENCE SOUTH 36-13' 06' WEST M -6 FEET, ALONG TIIE NORTHWESTERLY LINE OF SAID LAND;
THENCE NORTH 50. I V 45' WEST 71.28 FEET ALONG A LINE THAT IS PARALLEL WITH AND 50.00
FEET SOUTHWESTERLY OF THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO
LEROY I_ CARVER, M.. AND FRANCES H- CARVER, HUSBAND AND WIFE. RECORDED MAY 9, 1961
IN BOOK 5714, PAGE I OF OFFICIAL RECORDS, TO THE TRUE POINT OF BEGINNDNO: THENCE
NORTH 69' 2T M' WEST 38.00 FEET: THENCE NORTH 86' "'M- WEST. 36.24 FEET; THENCE
SOUTH 74' 43' M' WEST 31.11 PENT TO A POINT IN THE NORTHWESTERLY LINE OF SAID LAND
DESCRIBED TO LEROY L. CARVER, JR., AND FRANCES H. CARVER. HUSBAND AND WIPE, SAID
POINT BEING SOUTH M' 13. 05' WEST 95.65 FELT FROM THE MOST NORTHERLY CORNER OF THE
LAND DESCRIBED TO LEROY L CARVER. JR.. AND FRANCES H. CARVER, HUSBAND AND WIFE.
538/020390 -0001
1088418.13 a02/17/12
os
EXHIBIT "H"
BIRCH STREET IMPROVEMENT PLAN
[Attached]
538/020390 -0001
1088418.13 a02/17/12
=1
GRADING NOTES
1, ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE GRADING CODE OF THE CITY OF NEWPORT BEACH AND ANY
SPECIAL REQUIREMENTS OF THE PERMIT.
2. GRADING SHALL NOT BE STARTED WITHOUT FIRST NOTIFYING THE CITY PUBLIC WORKS INSPECTOR. A PRE = GRADING
MEETING ON THE SITE IS REQUIRED BEFORE START OF GRADING WITH THE FOLLOWING PEOPLE PRESENT: OWNER,
GRADING CONTRACTOR, DESIGN CIVIL ENGINEER, SOILS ENGINEER, ENGINEERING GEOLOGIST, CITY PUBLIC WORKS
INSPECTOR AND WHEN REQUIRED THE ARCHAEOLOGIST AND PALEONTOLOGIST. THE REQUIRED INSPECTIONS FOR
GRADING WILL EXPLAINED AT THIS MEETING.
3. ISSUANCE OF A CITY PERMIT DOES NOT ELIMINATE THE NEED FOR PERMITS FROM OTHER AGENCIES WITH
REGULATORY RESPIONSIBILITIES FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WORK AUTHORIZED ON THIS
PLAN.
4. THE CITY PERMIT AND AN APPROVED COPY OF THE GRADING PLAN SHALL BE ON THE PERMITTED SITE WHILE WORK IS
IN PROGRESS.
5. PRELIMINARY SOIL AND GEOLOGY REPORTS AND ALL SUBSEQUENT REPORTS AS APPROVED BY THE CITY OF
NEWPORT BEACH ARE CONSIDERED A PART OF THE APPROVED GRADING PLAN.
6. THE SOIL ENGINEER AND ENGINEERING GEOLOGIST SHALL PERFORM SUFFICIENT INSPECTIONS AND BE AVAILABLE
DURING GRADING AND CONSTRUCTION TO VERIFY COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND THE CODE WITHIN
THEIR PURVIEW.
7. THE CIVIL ENGINEER SHALL BE AVAILABLE DURING GRADING TO VERIFY COMPLIANCE WITH THE PLANS,
SPECIFICATIONS, CODE AND ANY SPECIAL CONDITIONS OF THE PERMIT WITHIN THEIR PURVIEW.
8. AREAS TO RECEIVE FILL SHALL BE PROPERLY PREPARED AND APPROVED IN WRITING BY THE SOIL ENGINEER AND THE
BUILDING OFFICIAL PRIOR TO PLACING FILL.
9. ALL EXISTING FILLS SHALL BE APPROVED BY THE CITY OR REMOVED PRIOR TO PLACING ADDITIONAL FILLS
10. FILLS SHALL BE COMPACTED THROUGHOUT TO A MINIMUM OF 90% RELATIVE COMPACTION, AGGREGATE BASE FOR
ASPHALTIC AREAS SHALL BE COMPACTED TO A MINIMUM OF 95% RELATIVE COMPACTION. MAXIMUM DENSITY SHALL BE
DETERMINED BY UNIFORM BUILDING CODE STANDARD NO. 70-1 OR APPROVED EQUIVALENT AND FIELD DENSITY BY
UNIFORM BUILDING CODE STANDARD NO. 70-2 OR APPROVED EQUAL.
11. CUT AND FILL SLOPES SHALL BE NO STEEPER THAN 2 FOOT HORIZONTAL TO 1 FOOT VERTICAL (2:1) EXCEPT WHERE
SPECIFICALLY APPROVED OTHERWISE
12, ALL TRENCH BACKFILLS SHALL BE TESTED AND APPROVED BY THE SOIL ENGINEER PER THE GRADING CODE.
13. STOCKPILING OF EXCESS MATERIAL SHALL BE APPROVED BY THE CITY PRIOR TO EXCAVATION.
14. EXPORT SOIL MUST BE TRANSPRTED TO A LEGAL DUMP OR TO A PERMITTED SITE APPROVED BY THE DISTRICT
GRADING SINSPECTOR.
15. THE PERMIUTTEE SHALL COMPLY WITH THE GRADING CODE REQUIREMENTS FOR HAUL ROUTES WHEN AN EXCESS OF
5,000 CUBIC YARDS OF EARTH IS TRANSPORTED TO OR FROM A PERMITTED SITE ON PUBLIC ROADWAYS.
16. THE PERMITTEE IS RESPONSIBLE FOR DUST CONTROL MEASURES.
17. THE PERMITTEE SHALL GIVE REASONABLE NOTICE TO THE OWNER OF ADJOINING LANDS AND BUILDINGS PRIOR TO
BEGINNING EXCAVATIONS WHICH MAY AFFECT THE LATERAL AND SUBJACENT SUPPORT OF THE ADJOINING PROPERTY.
THE NOTICE SHALL STATE THE INTENDED DEPTH OF THE EXCAVATION AND WHEN THE EXCAVATION WILL COMMENCE. THE
ADJOINING OWNER SHALL BE ALLOWED AT LEAST 30 DAYS AND REASONABLE ACCESS ON THE PERMITTED TO PROTECT
HIS STRUCTURE, IF HE SO DESIRES, UNLESS OTHERWISE PROTECTED BY LAW.
18. ALL EXISTING DRAINAGE COURSES THROUGH THIS SITE SHALL REMAIN OPEN UNTIL FACILITIES TO HANDLE
STORMWATER ARE APPROVED AND FUNCTIONAL; HOWEVER, IN ANY CASE, THE PERMITTEE SHALL BE HELD LIABLE FOR
ANY DAMAGE DUE TO OBSTRUCTING NATURAL DRAINAGE PATTERNS.
19. ALL CONCRETE SHALL BE 560-C -3250
20. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE.
21. THE LOCATION AND PROTECTION OF ALL UTILITIES IS THE RESPONSIBILITY OF THE PERMITTEE. APPROVED
PROTECTIVE MEASURES AND TEMPORARY DRAINAGE PROVISIONS SHALL VE USED TO PROTECT ADJOINING
PROPERTIES DURING GRADING.
22. APROVED PROTECTIVE MEASURES AND TEMPORARY DRAINAGE PROVISIONS SHALL BE USED TO PROTECT
ADJOINING PROPERTIES DURING GRADING.
23. GRADING OPERATIONS INCLUDING MAINTENANCE OF EQUIPMENT WITHIN ONE -HALF MILE OF A HUMAN
OCCUPANCY SHALL NOT BE CONDUCTED BETWEEN THE HOURS OF 8 P.M. AND 7 A.M. DAILY, ON SUNDAY OR ON A
FEDERAL HOLIDAY.
(A) ALL CONSTRUCTION VEHICLES OR EQUIPMENT, FIXED OR MOBILE, OPERATED WITHIN 1,000 FEET OF
A DWELLING SHALL BE EQUIPPED WITH PROPERLY OPERATING AND MAINTAINED MUFFLERS.
(B) ALL OPERATIONS SHALL COMPLY WITH ORANGE COUNTY CODIFIED ORDINANCE, DIVISION 6
(NOISE CONTROL).
(C) STOCKPILING AND /OR VEHICLE STAGING AREAS SHALL BE LOCATED AS FAR AS PRACTICABLE FROM
DWELLINGS AND WITHIN THE LIMITS OF THE GRADING PERMIT.
24. GRADING AND EXCAVATION SHALL BE HALTED DURING OF HIGH WIND, ACCORDING TO AQMD MEASURE F-4, HIGH
WINDS ARE DEFINED AS 30 MPH OR GREATER. THIS LEVEL OCCURS ONLY UNDER UNUSUALLY EXTREME CONDITIONS,
SUCH AS SANTA ANA WIND CONDITIONS.
25. ASPHALT CONCRETE SHALL BE CONSTRUCTED PER THE REQUIREMENTS OF SECTON 302 -5 OF THE GREENBOOK
STD. SPECIFICATIONS FOR PUBLIC WORKS.
26. AGGREGATE BASE SECTION SHAL BE CONSTRUCTED PER SECTION 200 -2.2 OF THE GREENBOOK STD.
SPECIFICATIONS FOR PUBLIC WORKS.
27. THE CIVIL ENGINEER AS CONDITION OF ROUGH GRADE APPROVAL, SHALL PROVIDE A BLUE TOP WITH
ACCOMPANYING WITNESS STAKE, SET AT THE CENTER OF EACH PAD REFLECTING THE PAD ELEVATION FOR PRECISE
PERMINTS AND A BLUE TOP WITH WITNESS STAKE SET AT THE DRAINAGE SWALE REFLECTING THE HIGH POINT
ELEVATION FOR PRELIMINARY PERMITS.
28. PRIOR TO FINAL APPROVAL, THE CIVIL ENGINEER SHALL CERTIFY TO THE CITY THE AMOUNT OF EARTH MOVED
DURING THE GRADING OPERATION.
29. THE ENGINEERING GEOLOGIST SHALL PERFORM PERIODIC INSPECTIONS AND SUBMIT A COMPLETE REPORT AND
MAP UPON COMPLETION OF THE ROUGH GRADING.
30. THE GRADING CONTRACTOR SHALL SUBMIT A STATEMENT OF COMPLIANCE TOTHE APPROVED GRADING PLAN
PRIOR TO FINAL APPROVAL.
31. THE COMPACTION REPORT AND APPROVAL FROM THE SOIL ENGINEER SHALL INDICATE THE TYPE OF FIELD
TESTING PERFORMED. THE METHOD OF OBTAINING THE IN -PLACE DENSITY SHALL BE IDENTIFIED WHETHER SAND
CONE, DRIVE RING OR NUCLEAR, AND SHALL BE NOTED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITY
DETERMINATIONS SHALL BE PERFORMED TO VERIFY THE ACCURACY OF THE MAXIMUM DENSITY CURVES USED BY THE
FIELD TECHNICIAN.
32. IN THE EVENT THAT SOIL CONTAMINATION IS DISCOVERED DURING EXCAVATION AND REMOVAL OF AN EXISTING
TANK, WORK SHALL BE. STOPPED UNTIL A SITE ASSESSMENT AND MITIGATION PLAN HAS BEEN PREPARED, SUBMITTED
AND APPROVED BY HCA/ENVIRONMENTAL HEALTH AND PDSD /GRADING.
33. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THESE PLANS THE CITY'S STANDARD SPECIAL
PROVISIONS AND STANDARD DRAWINGS AND STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
( GREENBOOK, 2003 ED.)
Underground Service Alert
CALL: TOLL FREE
1-800-3224133
TWO WORKING DAYS BEFORE YOU DIG
REVISION
a �y�
EROSION CONTROL
46, IN CASE OF AN EMERGENCY CALL PUBLIC WORKS AT PHONED (949) 644 -3311
47. EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHALL BE MADE AVAILABLE AT ALL TIMES DURING
THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCIPILED AT
CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF TEMPORARY DEVICES WHEN RAIN IS
IMMINENT.
48. EROSION CONTROL DEVICES SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE
BUILDING OFFICIAL. i
49. ALL REMOVABLE EROSION PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING
DAY WHEN THE 5 -DAY P OBABILITY FORECAST EXCEEDS 40 %.
50. AFTER A RAINSTOR ALL SILT AND DEBRIS SHALL BE REMOVED FROM STREETS, CHECK BERMS AND
BASINS.
I
51. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPES
AT THE CONCLUSION OFI EACH WORKING DAY. DRAINAGE IS TO BE DIRECTED TOWARD DESILTING
FACILITIES.
52, THE PERMITTEE AND CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY
PRECAUTIONS TO PREY NT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A
HAZARDOUS CONDITION
53. THE PERMITTEE AND CONTRACTOR SHALL INSPECT THE EROSION CONTROL WORK AND INSURE THAT
THE WORK IS IN ACCORDANCE WITH THE APPROVED PLANS.
ENVIRONMENTAL NOTES
54. THE PERMITTEE SHALL NOTIFY ALL GENERAL CONTRACTORS, SUBCONTRACTORS, MATERIAL SUPPLIERS, LESSEES,
AND PROPERTY OWNERS THAT DUMPING OF CHEMICALS INTO THE STORM DRAIN SYSTEM OR THE WATERSHED IS
PROHIBITED.
55. PERMITTEE SHALL MAINTAIN CONSTRUCTION SITE IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT
CARRY WASTES OR POLLUTANTS OFF THE SITE. POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOLID OR
LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WORK
PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS,
LUBRICANTS, AND HYDRAULIC RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLEIEQUIPMENT WASH WATER AND
CONCRETE WASH WEATER; CONCRETE, DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINEIEQUIPMENT
STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHINGS.
DURING CONSTRUCTION, PERMITTEE SHALL DISPOSE OF SUCH MATERIALS IN A SPECIFIED AND CONTROLLED
TEMPORARY AREA ON -SITE, PHYSICALLY SEPARATED FROM POTENTIAL STORMWATER RUNOFF. WITH ULTIMATE
DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
56. PERMITTEE MAY DISCHARGE MATERIAL OTHER THAN STORMWATER ONLY WHEN NECESSARY FOR PERFORMANCE
AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT CAUSE OR CONTRIBUTE TO A VIOLATION
OF ANY WATER QUALITY STANDARD; CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; OR
CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITIY REPORTABLE UNDER FEDERAL REGULATIONS 40 CFR PARTS 117
AND 302.
57. DEWATERING OF CONTAMINATED GROUNDWATER, OR DISCARGING CONTAMINATED SOILS VIA SURFACE EROSION
IS PROHIBITED. DEWATERING OF NON- CONTAMINATED GROUNDWATER REQUIRES A NATUIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY CONTROL BOARD.
5B SPECIAL NOTE
"SURVEY MONUMENTS SHALL BE PRESERVED AND REFERENCED BEFORE CONSTRUCTION AND REPLACED AFTER
CONSTRUCTION PURSUANT TO SECTION 8771 OF THE BUSINESS AND PROFESSIONS CODE"
LEGAL DESCRIPTION:
A.P. # 439- 061 -03
EARTHWORK QUANTITIES
CUT ---VOLUME ONLY - 50 C.Y.
FILL ---VOLUME ONLY -- 45 C.Y.
EARTHWORK QUANTITIES ARE FOR COUNTY
AND /OR CITY PLAN CHECK PURPOSES ONLY.
EASTERLY CORNER OF A 7 FOOT CATCH
BASIN WCATED ON MESA DRIVE AT THE
PROLONGATION OF THE CENTER -LINE
Or- BIRCH STREET.
ELEV. = 39.60
SOILS ENGINEER:
IAl m S. mi -mm7,m P, ImC
1461 REGATTA ROAD
LAGUNA BEACH, CA. 92651
(949)494 -8114
PRIVATE ENGINEER'S NOTICE TO CONTRACTOR
THE CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF EXISTING UTILITIES PRIOR TO THE
START OF CONSTRUCTION, THE CONTRACTOR ASSUMES THE LIABILITY AND RESPONSIBILITY FOR THE
PROTECTION OF THE UTILITY PIPES, CONDUITS OR STRUCTURES, SHOWN OR NOT SHOWN ON THESE
PLANS.
THE CIVIL ENGINEER SHALL NOT BE RESPONSIBLE IN ANY WAY FOR THE CONTRACTORS' AND
SUBCONTRACTORS' COMPLIANCE WITH "OCCUPATIONAL SAFETY AND HEALTH REGULATIONS" OFTHE U.S.
DEPARTMENT OF INDUSTRIAL RELATIONS "CONSTRUCTION SAFETY ORDERS ".
CONTRACTOR FURTHER AGREES THAT HE SHALL ASSUMESOLE AND COMPLETE RESPONSIBILITY FOR
JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY
OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE
LIMITED TO NORMAL WORKING HOURS, AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND
HOLD THE OWNER, THE CITY AND /OR COUNTY, AND THE CIVIL ENGINEER HARMLESS FROM ANY AND ALL
LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT,
EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NIGLIGENCE OF THE OWNER OR THE ENGINEER.
THE EARTHWORK QUANTITIES SHOWN ON THESE PLANS ARE FOR CITY AND /OR COUNTY PLAN CHECK
PURPOSES AND THE CONTRACTOR PRIOR TO SIGNING ANY CONTRACT SHALL DO HIS OWN EARTHWORK
QUANTITIES ESTIMATE.
BASIS OF BEARINGS
THE CENTERLINE OF PJIESA DRIVE BEARING
N49 °22'19 "W, AS SHOWN ON RECORD OF
SURVEY 93 -1026, BI(. 146, PG. 2, R.S.
PREPARED FOR:
RICO-IAR® MORIAG'�TY
2128 MESA DRIVE
NEWPORT BEACH, CA. 92660
(949) 400 -9463
PREPARED BY:
JRV E-MIGOMEEIvNIG, WC.
2021 E. FOURTH STREET, SUITE 209
TUSTIN, CA. 92780
(714) 734 -0728 FXA714) 734 -0758
- ��- 3 - 0 9
R.C.E. 29801 DATE
�LF
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
F
(NTS)
1. IN THE CASE OF EMERGENCY, CALL RICHARD MORIARTY Ca? TELEPHONE NUMBER (949) 400 -9463
2. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHLL BE RETAINED ON SITE USING STRUCTURAL
CONTROLS TO THE MAXIMUM EXTENT PRACTICABLE.
3. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE
SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING,
OR WIND.
4. APPROPRIATE BMP'S FOR CONSTRUCTEO- RELATED MATERIALS, WASTES, SPILLS SHALL BE IMPLEMENTED
TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTIES
BY WIND OR RUNOFF.
5. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES
UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT AND OTHER POLLUTANTS.
6. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OR THE
REQUIRED BEST MANAGEMENT PRACTICES AND GOOOD HOUSREKEEPING MEASURES FOR THE PROJECT
SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
7. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY ALL CONSTRUCTION DEBRIS AND WASTE
MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS.
B. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES
NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORM -
WATER ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES
AND WHERE THEY DO NOT: CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD;
CAUSE OR THREATEN TO CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE;
OR CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS
40 CFR PARTS 117 AND 302.
9: POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES
FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD, PRESERVATIVES AND
SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND
HYDRAULIC RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLEIEQUIPMENT WASH WATER AND
CONCRETE WASH WATER; CONCRETE, DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY
ENGINE/EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE
WATER LINE FLUSHING.
DURING CONSTRUCTION, PERMITTEE SHALL DISPOSE OF SUCH MATERIALS IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON -SITE, PHYSICALLY SEPARATED FROM POTENTIAL STORM -
WATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL
REQUIREMENTS.
10. DEWATERING OF CONTAMINATED GROUNDWATER, OR DISCHARGING CONTAMINATED SOILS VIA
SURFACE EROSION IS PROHIBITED. DEWATERING OF NON- CONTAMINATED GROUNDWATER REQUIRES
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FROM THE RESPECTIVE STATE
REGIONAL WATER QUALITY CONTROL BOARD.
11. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF
SLOPES AT THE CONCLUSION OF EACH WORKING DAY. DRAINAGE IS TO BE DIRECTED TOWARD
DESILTING FACILITIES.
12. THE PERMITTEE AND CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY
PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A
HAZARDOUS CONDITION.
13. THE PERMITTEE AND CONTRACTOR SHALL INSPECT THE EROSION CONTROL WORK AND INSURE THAT
THE WORK IS IN ACCORDANCE WITH THE APPROVED PLAN.
14. THE PERMITTEE SHALL NOTIFY ALL GENERAL CONTRACTORS, SUBCONTRACTORS, MATERIAL
SUPPLIERS, LESSEES, AND PROPERTY OWNERS: THAT DUMPING OF CHECICALS INTO THE STORM
DRAIN SYSTEM OR THE WATERSHED IS PROHIBITED.
15. EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHAL BE MADE AVAILABLE AT ALL TIMES DURING
THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCKPILED AT
CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTEO OF TEMPORARY DEVICES WHEN RAIN
IS IMMINENT.
16. ALL REMOVABLE EROSION PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING
DAY WHEN THE 5 -DAY PROBABILITY FORECAST EXCEEDS 40 %.
CITY Y OE NEIMPORT BEACH
PUBLIC TJ'ORI'aS DEPARTMENT
R.C.E.06106
DATE
�9m (DOI m®435
PRECISE GRADING PLAM
ACCESS ROAD
2128 MESA DRIVE, NEWPORT BEACH
1.
r.
00
LEOESlD
TC
TOP OF CURS
FL
FLOU -1 LIME
CD
CA C1. r;A31iv
G
GROUND
PP
17010=R DOLE
GUI
GUY UV1RE
SD
STOi:i 1 D171AIN
C.F.
CUED FACE
T.C.H.
TOP OF CONCRETE HEADER
24
16
30'
.'-71
ST. ROV
�C /L MESA DRIVE
-- - - - — - — - -- - - -- - -- _S - -- — 40
INA
I I I 1 1.31 1 1 1 NI� I INI I _I/_ -I- � I I I I I I I A 1 1/ 1 1 1 1 1 1 1 1
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" =2
' =4
k 3 �� i 2 1 0
30' EASEMENT FOR ROAD
AND UTILITY PURPOSES EXIST. 36" STORM
DRAIN EXIST. S.D. MH
\1 v ADJUST TO GRADE I U
_ �, A =11 011'12" Cd 1 h
N R= 509.00' / EXIST. CHAIN
C4�1 L= 99.38' / �`! LINK FENCE o I m !I
3 r7a V A =13° M 4 * I ,I
16
BROCKMAN
PROPERTY
EXIST. C.L. FENCE
TO REMAIN
EXIST. GROUND)
_ C.H i7. 4. 0" X81 R =500.00' y / .r TO REMAIN o I� p p r�
T.C.y, 2 °' L= 120.52' > -�.�- idxl�7'41 "E �0�2�' ' ' '� �, I �11i ��lL' OF; I ' C If�IJ 37
AD 2b. 1st i T N40 °3741 "E - —
L, �� / __ _ _ _ - _- N _ RO -C.L_ - - �- C.H �9' III (39.07)
% e �= _ T.C.H.
1 _
- -
1 ` -'4 I-
- _ - - _ X X 2 83 I / X 9.20
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° „
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N40 & E 8021'
l.Ind.m-ground Service !-'alert
CALL: TOLL FREE
1-000-119-2-11133
TWO WORKIvIG DAYS BEFORE YOU DIG
\ I�
/ XIST. PAVERS EXIST. PRIVATE SEW R LINE `moo, III
/2� �\ I I 1 \ \ EXIST. CHAIN I 60'
Cil 30 I r 30 ,
I I LINK FENCE I -; 1
30' EASEMENT FOR ROAD / TO REMAIN 1 ,III 20' If 20' III 10'
I AND UTILITY PURPO�YS`
'L
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PROPERTY�LINE / / / / s / / -' W I II I C=
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\ \ / C 29801 a
EXP0331.11
�OFCAUF��
PREPARED BY:
P�'EPAF =D FOR•
I NO. I DATE I DESCRIPTION I
REVISIONS
RBC :- -h'1RID MOMAIR T Y
2128 MESA DRIVE
NEWPORT BEACH, CA. 92660
(949) 400 -9463
JRVEHGI IN, YI ER iNGIIIHC.
2021 EAST FOURTH STREET, SUITE 209
SANTA ANA, CA. 92705
(714) 734-0728
'-e-� t2-b -09
JUSTO R. VILLAR, R.C.E. 29801 DATE
PROP. HORSE TRAIL PRIVATE ACCESS ROADWAY
BY CITY
r FINISH GRADE n
1%
AGGREGATE BASE-
TYPICAL ROAD SECTION
(NITS)
CONCRETE PAVER (80mm MIN. THI
6" x 12" CONC. HEADER
GEOTEXTILE
GOLF COU
II PROPERTI
I
EXIST. GROUND
TURN UP AT CONC. HEADER
ELEV. PER
PLAN
6" x 12" CONC. HEADER
8" MIN.
V
PAVER NOTES:
1. PAVING STONES SHALL BE PER ASTM C1272
2. AGGREGATE BASE AND FILTER FABRIC
SHALL BE PER ORANGE COUNTY STDS.
3. BEDDING SAND SHALL CONFORM TO
ASTM C33 OR CSA A 23.1
PAVER M27 A IL (NTS) n
CONS -1 RUC790N NIO T ES:
U CONST. 3" PAVER ON 1" -1 2" SAND OVER 8" A.B. PER DETAIL HEREON
O2 DELETED
OCONST. 1 FOOT WIDE CONCRETE BAND
O4 CONST. 6" x 12" CONCRETE HEADER
CITY OF NEWPORT BEACH
PUBLIC UVOPI'%S DEPARTMENT
-( IC WORKS DIRECTOR, R.C.E. 036106
DATE
PRECISE GRADING PLAN
ACCESS ROAD of
2128 MESA DRIVE, NEWPORT BEACH
\
'
1�
v
I NO. I DATE I DESCRIPTION I
REVISIONS
RBC :- -h'1RID MOMAIR T Y
2128 MESA DRIVE
NEWPORT BEACH, CA. 92660
(949) 400 -9463
JRVEHGI IN, YI ER iNGIIIHC.
2021 EAST FOURTH STREET, SUITE 209
SANTA ANA, CA. 92705
(714) 734-0728
'-e-� t2-b -09
JUSTO R. VILLAR, R.C.E. 29801 DATE
PROP. HORSE TRAIL PRIVATE ACCESS ROADWAY
BY CITY
r FINISH GRADE n
1%
AGGREGATE BASE-
TYPICAL ROAD SECTION
(NITS)
CONCRETE PAVER (80mm MIN. THI
6" x 12" CONC. HEADER
GEOTEXTILE
GOLF COU
II PROPERTI
I
EXIST. GROUND
TURN UP AT CONC. HEADER
ELEV. PER
PLAN
6" x 12" CONC. HEADER
8" MIN.
V
PAVER NOTES:
1. PAVING STONES SHALL BE PER ASTM C1272
2. AGGREGATE BASE AND FILTER FABRIC
SHALL BE PER ORANGE COUNTY STDS.
3. BEDDING SAND SHALL CONFORM TO
ASTM C33 OR CSA A 23.1
PAVER M27 A IL (NTS) n
CONS -1 RUC790N NIO T ES:
U CONST. 3" PAVER ON 1" -1 2" SAND OVER 8" A.B. PER DETAIL HEREON
O2 DELETED
OCONST. 1 FOOT WIDE CONCRETE BAND
O4 CONST. 6" x 12" CONCRETE HEADER
CITY OF NEWPORT BEACH
PUBLIC UVOPI'%S DEPARTMENT
-( IC WORKS DIRECTOR, R.C.E. 036106
DATE
PRECISE GRADING PLAN
ACCESS ROAD of
2128 MESA DRIVE, NEWPORT BEACH
02
City Council
Attachment 2
County Quitclaim Deed to City
:FD
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
City of Newport Beach
Attention: City Manager
3300 Newport Boulevard
Newport Beach, CA 92659 -1768
This document is exempt from recording fees
per Government Code Section 27383 and is
exempt from Document Transfer Tax per
Revenue and Taxation Code Section 11922.
Location: Incorporated City of Newport Beach
Project Name: Upper Newport Bay - Mesa Drive
Project /Parcel No.: PR47D - 304
Assessor's Parcel No.: 439 -061 -11 (Portion)
QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt and adequacy of which is hereby acknowledged,
COUNTY OF ORANGE,
a political subdivision of the State of California,
hereinafter referred to as "COUNTY"
does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the
CITY OF NEWPORT BEACH,
a California municipal corporation,
hereinafter referred to as "CITY ",
in an "as is" condition, all RIGHTS, TITLE and INTEREST in and to that certain real property legally
described in Exhibit A and illustrated in Exhibit B ( "Property "), which exhibits are attached hereto and
made a part hereof.
[Signature Page follows]
Quitclaim Deed — County to City
GV (REV 12/1912011) 71
IN WITNESS WHEREOF, this instrument has been executed on /XC bYv(di r.!
COUNTY OF ORANGE,
a political subdivision of the State of California
By:
Chair of the Board of Supervisors
Orange County, California
Signed and certified that a copy of this document
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Resolution 79 -1535.
ATTEST:
n
:z>
Susan Novak
Interim Clerk of the Board of Supervisors
Orange County, California
Approved as to Form:
Office of the County Counsel
Orange County, California
�
By: &�Q
Date: \"ko'lz-
Quitclaim need - County to City
GV (REV 12/19/2011) 72
CERTIFICATE OF ACCEPTANCE
Pursuant to the provisions of Resolution No. 92 -82 approved July 27, 1992, of the City of Newport
Beach, State of California, I, David A. Kiff, City Manager of the City of Newport Beach, hereby request
recordation of the within Quitclaim Deed, and accept on behalf of the public the interest in real property
conveyed by the within Quitclaim Deed dated from the County of Orange.
Dated:
APPROVED AS TO FORM:
B 1CVL— —
aron C. Harp, City Attorne %i/711 rL
ATTEST:
Leilani I. Brown, City Clerk
CITY
CITY OF NEWPORT BEACH,
a California municipal corporation
M
David A. Kiff, City Manager
Quitclaim Deed — Caunly to City
GV (REV 12/19/2011) 73
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
74
LEGAL DESCRIPTION
Project: Upper Newport Bay Regional Park
Project No.: PR47D
Parcel No.: 304
Those portions of Birch Street and Lot 121, in the City of Newport Beach, County of
Orange, State of California, shown on a map of Tract No. 706 recorded in book 21, page
25 of Miscellaneous Maps in the office of the County Recorder of said county, and
abandoned by that certain Resolution of the Board of Supervisors of said county, recorded
July 17, 1951 in book 2145, page 618 of Official Records in the office of said County
Recorder, bounded as follows:
Northwesterly by the centerline of said Birch Street per said Tract;
Southeasterly by a line that parallel and concentric with and 30.00 feet
southeasterly from the centerline of said Birch Street;
Northeasterly by the southwesterly line and its northwesterly prolongation of the
land described as "Parcel 1" in a deed to Carla Zwart Brockman, as trustee of the C.Z.
Brockman Revocable Trust, dated June 7, 1989, said deed being recorded February 17,
1998 as Document No. 19980087243 of said Official Records; and
Westerly by the northerly prolongation of that certain course shown as 7 -7" having
a bearing and length of S.13 °10'40 "W., 24.03 feet, in the generally southeasterly line of
the land described as Parcel "F01- 105.01" to the Orange County Flood Control District as
shown on page 3 of Record of Survey 93 -1026 filed in book 146, pages 2 through 7 of
Records of Survey in the office of said County Recorder.
Containing 625 Square Feet, more or less.
See EXHIBIT B attached and by reference made a part
APPROVED
pP�ID pq`�
�. Date:
LLW O
Pavlik L.S. 51 NO '
E it ion Date: June 30, 2011 d' 6130111
,. Exp,
715
EXHIBIT B
DEPICTION OF PROPERTY
70
OAF`
G'
AIVV
0 • PNP
30'Es&f, to Stole 15PN4 P
of Collfornlo per
\I
B `i Yip �J X,
i
LOT 103 �
THE IRVINE CO.
AP. 119-310-03 �, FA 9536011 ,EF`� /,%"� / Ik
AP. 119 - 300-10 NA1 -X �
7 �
r/ 7
f \
OR. 1138211909 Portlon of Blrch Street abandoned per
OR. 21451618
304
OR. 11997122
Parcel F01-105DI
I
RICHARD MOR /AR Y S.1X1040W. 24D3•rT •n -
T R. >�. ww Rn per RSB. 14612.7 I.T
I2l - -— — — — — — — — — — --
CARLA BROCKMAN
AP. 439-061-03 + FA 9257949
I J
DOC. H0. 19960087243
I 1 ti
1120
I m
1 1
I (
1 I m
119
I— — — — — — — — — — — — — — r�
1 0
I fi
I
.-
'• I�vNMC. AREA WW•
118
0
I�
2
2
I�
Im
ca
c!
I�
Q
- BIRCH- - -STREET -; �-
FL PER R.S. 92.1098 038128.321
. , T It T . .
A -. ; R' A
A "I\ l W !\
AREA
Parcel 304 •625 Sq. Fl.
EXHIBIT "B"
ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: Upper Newport Bay Regional Park (PR47D -304) I SCALE : ' = 100' 1 1D # 2010 -010
PREP. BY: J.V. CHRD. BY: S.M.H. DATE: Jum 2011 EST.: Fee I REC. DATE: I OR
77
72
City Council
Attachment 3
City Access Easement Deeds
to County and OCFCD
79
WON
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
County of Orange
OC Parks Department
Attention: Real Estate
13042 Old Myford Road
Irvine, California 92602 -2304
This is to certify that this document is exempt
from recording fees per Government Code
Section 27383 and is exempt from Document
Transfer Tax per Revenue and Taxation Code
Section 11922.
THIS SPACE FOR RECORDER'S USE ONLY
Location: Incorporated City of Newport Beach
Project Name: Upper Newport Bay - Mesa Drive
Project /Parcel No.: PR4713-303
Assessor's Parcel Nos.: 439 - 061 -03 and 439 - 061 -11 (Portion)
ACCESS EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt and adequacy of which is hereby acknowledged,
does hereby GRANT to the
CITY OF NEWPORT BEACH,
a California municipal corporation,
hereinafter referred to as "CITY ",
COUNTY OF ORANGE,
a political subdivision of the State of California,
hereinafter referred to as "COUNTY"
a perpetual non - exclusive easement for ingress and egress purposes in, on and over that certain real
property legally described in Exhibit A and depicted on Exhibit B ( "Property "), which exhibits are
attached hereto and made a part hereof, subject to the following:
1. CITY shall be responsible for the adequacy of current and future improvement of the Property.
2. CITY shall, at its sole cost and expense, maintain any and all improvements within the Property.
Nothing in this Deed is intended nor shall anything in this Deed be construed to transfer to COUNTY or
its successors or assigns or to relieve CITY or its successors or assigns or predecessors in title of any
responsibility or liability CITY or its successors or assigns or predecessors in title now has, has had or
comes to have with respect to human health or the environment, including but not limited to
responsibility or liability relating to hazardous or toxic substances or materials (as such terms as those
used in this sentence are defined by statute, ordinance, case law, governmental regulation or other
I
Access Easement - City to County
GV (REV 12/19/2011)
21
provision of the law). Furthermore, COUNTY may exercise its rights under law to bring action, if
necessary, to recover clean up costs and penalties paid, if any, from CITY or any others who are
ultimately determined by a court of competent jurisdiction and /or a Federal, State or local regulatory or
administrative governmental agency or body having jurisdiction, to have responsibility for said hazardous
toxic substances or materials upon, within, or under the real property interests transferred pursuant to this
Deed. Notwithstanding the forgoing, COUNTY shall be and remain liable for any hazardous or toxic
substances or materials which become located, because of COUNTY'S operations, upon, within, or
under the real property interests transferred pursuant to this Deed.
IN WITNESS WHEREOF, this instrument has been executed on
CITY
CITY OF NEWPORT BEACH,
a California municipal corporation
M
APPROVED AS TO FORM:
B .
Aaron C. Harp, City Atto•n 2I21 1 It
ATTEST:
Leilani I. Brown, City Clerk
Access Easement — City to County
GV (REV 12/19/2011)
David A. Kiff, City Manager
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within Access Easement Deed to the
COUNTY OF ORANGE, a political subdivision of the State of California, is hereby accepted by the by
order of the Board of Supervisors of the County of Orange, the County of Orange consents to recordation
thereof by its undersigned authorized officer.
COUNTY OF ORANGE,
a political subdivision of the State of California
By:
Chair of the Board of Supervisors
Orange County, California
Signed and certified that a copy of this document
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Resolution 79 -1535.
�rplurr
ATTE
AW, &/ -
Susan Novak
Interim Clerk of the Board of Supervisors
Orange County, California
Approved as to Form:
Office of the County Counsel
Orange County, California
By:
c.
Deputy
Date: �' \0_Q1_
L
Access Easement —City to County
GV (REV 12/19/2011)
M
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
24
EXHIBIT "A"
LEGAL DESCRIPTION
Project: Upper Newport Bay Regional Park
Project No.: PR47D
Parcel No.: 303
That portion of Birch Street, in the City of Newport Beach, County of Orange, State
of California, shown on a map of Tract No. 706 recorded in book 21, page 25 of
Miscellaneous Maps in the office of the County Recorder of said county, and abandoned
by that certain Resolution of the Board of Supervisors of said county, recorded July 17,
1951 in book 2145, page 618 of Official Records in the office of said County Recorder,
bounded as follows:
Northwesterly by the centerline of said Birch Street per said Tract;
Southeasterly by a line that is parallel and concentric with and 18.00 feet
southeasterly from the centerline of said Birch Street;
Northeasterly by the northwesterly prolongation of the northeasterly line of Lot
121 of said Tract; and
Westerly by the northerly prolongation of that certain course shown as "T -7" having
a bearing and length of S.1311 0'40"W., 24.03 feet, in the generally southeasterly line of
the land described as Parcel "F01- 105.01" to the Orange County Flood Control District as
shown on page 3 of Record of Survey 93 -1026 filed in book 146, pages 2 through 7 of
Records of Survey in the office of said County Recorder.
Containing 4199 Square Feet, more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
Date: v ( I
Jol}fi. Pavlik L.S. 5168
E pir tion Date: June 30, 2011
N0, 6188
FaP• 6130/1 f
25
EXHIBIT B
DEPICTION OF PROPERTY
20
G•
30' Esm't. to State `sett P
of Collfarnfo per
O.R. 1138211909
0�f`'
tl•.I IH � t
u \
LOT 103 �
THE IRVINE CO. ,
AP. 119- 3/0 -03 �, FA 9636011 �� , 'tk
AR 119 - 300•10
Portlon of BJrch Street abandoned per
OR. 21451618
OR 11997122
Parcel FOI -I05A1
1
RICHAf4D MOR /AR Y per R. 404, 24.03' (T
T T ^+ ado on n + per RSB. 14612-7 r.T
1 1121 - -- - - - - - - - - - - -
''1 I CARLA BROCKMAN
AP. 439061-03 -j- FA 9257949
DOC. NO. 19980087243
I i
1120
1- - - - - - - - - - - - - - a
I m
I
I I
I I m
14 115
- - 1
189 t
I —
- - — — — — — — — — — — —
T�
I °
1 _ L-
an cr xcwravr IeEAa+
I q;7Uxz AREA ea'A'
,118
a
h —BIRCH- RH921098 •1ST REST —�
m
Q
LQ
^•T TVT Y�F�T Iv
j� 22
1
l23
M
N
m
� /24
a AREA
Porcel 303 •4199 Sq. Ft.
Q)
*: /:II Mal ImOWS
ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: Upper Newport Bay Regional Park (PR47D -303) SCALE : r = 100' 1 1D # 2010 -010
'REP. BY: J.V. CHKO. BY: S.M.H. DATE: June, 2011 EST.: Easement REC. DATE:' REP. BY: J.V. BY: S.M.H. DATE: June, 2011 EST.: Easement REC. DATE: 0.ft��
RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:
County of Orange
OC Public Works
Attention: Real Estate Services
300 Notch Flower Street, 6`h Floor
Santa Ana, California 92703
This is to certify that this document is exempt
from recording fees per Government Code
Section 27383 and is exempt from Document
Transfer Tax per Revenue and Taxation Code
Section 11922.
THIS SPACE FOR RECORDER'S USE ONLY
Location: Incorporated City of Newport Beach
Project Name: Upper Newport Bay — Mesa Drive
Project /Parcel No.: PR47D -303
Assessor's Parcel Nos.: 439 - 061 -03 and 439 - 061 -11 (Portion)
ACCESS EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt and adequacy of which is hereby acknowledged,
CITY OF NEWPORT BEACH,
a California municipal corporation,
hereinafter referred to as "CITY"
does hereby GRANT to the
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic,
hereinafter referred to as "DISTRICT,"
a perpetual non- exclusive easement for ingress and egress purposes in, on and over that certain real
property legally described in Exhibit A and depicted on Exhibit B ( "Property "), which exhibits are
attached hereto and made a part hereof, subject to the following:
1. CITY shall be responsible for the adequacy of current and future improvement of the Property.
2. CITY shall, at its sole cost and expense, maintain any and all improvements within the Property.
3. The Easement granted herein is subject to the rights of CITY or its successors in interest
to use the Property for any purposes which do not interfere with or are not inconsistent
with DISTRICT'S use of the Property for flood control purposes. CITY shall not
construct improvements in the Property without first obtaining an encroachment permit
from DISTRICT. Such encroachment permit shall be issued by DISTRICT in its sole
discretion.
Access Easement — City to OCFCD
GV (REV 12/19/2011)
22
4. The provisions of this Access Easement Deed shall bind and inure to the benefit of all
successors and assigns of CITY and assigns of DISTRICT (collectively, "assignee ").
Public entities shall be deemed to be permitted assignees. Any assignee of an interest
hereunder shall automatically, as of the effective date of the assignment, (i) succeed to
the rights herein granted and (ii) be deemed to have assumed the obligations hereunder.
No such assignment shall be deemed to relieve DISTRICT or CITY of their respective
obligations under this Access Easement Deed unless such release is in writing executed
by both parties hereto. Upon the request of either party hereto, any assignee shall execute
and acknowledge an instrument in recordable form providing for the assumption of the
obligations of its assignor pursuant to this Access Easement Deed.
5. The DISTRICT, its officers, agents, and employees, and by persons under contract with it and
their employees, shall have the right to deposit tools, implements, and other materials on the
Property whenever and wherever necessary for the purposes of accessing, operating,
reconstructing, maintaining, and cleaning of the Santa Ana Delhi Channel facility.
6. Nothing in this Deed is intended nor shall anything in this Deed be construed to transfer to
DISTRICT or its successors or assigns or to relieve CITY or its successors or assigns or
predecessors in title of any responsibility or liability CITY or its successors or assigns or
predecessors in title now has, has had or comes to have with respect to human health or the
environment, including but not limited to responsibility or liability relating to hazardous or toxic
substances or materials (as such terms as those used in this sentence are defined by statute,
ordinance, case law, governmental regulation or other provision of the law). Furthermore,
DISTRICT may exercise its rights under law to bring action, if necessary, to recover clean up
costs and penalties paid, if any, from CITY or any others who are ultimately determined by a
court of competent jurisdiction and /or a Federal, State or local regulatory or administrative
governmental agency or body having jurisdiction, to have responsibility for said hazardous toxic
substances or materials upon, within, or under the real property interests transferred pursuant to
this Deed. Notwithstanding the forgoing, DISTRICT shall be and remain liable for any
hazardous or toxic substances or materials which become located, because of DISTRICT'S
operations, upon, within, or under the real property interests transferred pursuant to this Deed.
//
//
2
Access Easement — City to OCFCD
GV (REV 12/19/2011)
29
IN WITNESS WIIEREOF, this instrument has been executed on
CITY
CITY OF NEWPORT BEACH,
a California municipal corporation
02
APPROVED AS TO FORM:
By.
Aaron C. Harp, City Attorney
ATTEST:
Leilani 1. Brown, City Clerk
Access Easement — City to OCFCD
OV (REV 12/19/2011)
David A. Kiff, City Manager
Interim
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the within Access Easement Deed
to the ORANGE COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic, is
hereby accepted by order of the Board of Supervisors of the County of Orange, California, acting
as the governing board of the ORANGE COUNTY FLOOD CONTROL DISTRICT, and the
ORANGE COUNTY FLOOD CONTROL DISTRICT consents to recordation thereof by its duly
authorized officer.
ORANGE COUNTY FLOOD CONTROL DISTRICT,
a body corporate and politic
(7l�
Dated: � � � By:
Chair of the Board of Supervisors
Orange County, California
Signed and certified that a copy of this document
has been delivered to the Chair of the Board per
G.C. Sec. 25103, Resolution 79 -1535.
ATTEST: a �Y olio
ro
x• Susan Novak
Clerk of the Board of Supervisors
Orange County, California
Approved as to Form:
Office of the County Counsel
Orange County, California
By: n
Deputy
Date: \- \O \Y
Access Easement — City to OCFCD
GV (REV 1 211 9120 1 1)
91
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
92
EXHIBIT "A"
LEGAL DESCRIPTION
Project: Upper Newport Bay Regional Park
Project No.: PR47D
Parcel No.: 303
That portion of Birch Street, in the City of Newport Beach, County of Orange, State
of California, shown on a map of Tract No. 706 recorded in book 21, page 25 of
Miscellaneous Maps in the office of the County Recorder of said county, and abandoned
by that certain Resolution of the Board of Supervisors of said county, recorded July 17,
1951 in book 2145, page 618 of Official Records in the office of said County Recorder,
bounded as follows:
Northwesterly by the centerline of said Birch Street per said Tract;
Southeasterly by a line that is parallel and concentric with and 18.00 feet
southeasterly from the centerline of said Birch Street;
Northeasterly by the northwesterly prolongation of the northeasterly line of Lot
121 of said Tract; and
Westerly by the northerly prolongation of that certain course shown as "T -7" having
a bearing and length of S.13 110'40 "W., 24.03 feet, in the generally southeasterly line of
the land described as Parcel "F01- 105.01" to the Orange County Flood Control District as
shown on page 3 of Record of Survey 93 -1026 filed in book 146, pages 2 through 7 of
Records of Survey in the office of said County Recorder.
Containing 4199 Square Feet, more or less.
See EXHIBIT B attached and by reference made a part.
APPROVED
Date:
N0.5168
EXP. &30111
93
toh
. Pavlik
L.S. 5168
pir lion Date:
June 30, 2011
Date:
N0.5168
EXP. &30111
93
EXHIBIT B
DEPICTION OF PROPERTY
94
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LOT 103
THE IRVINE CO., \
AP. 119 - 310-03 1- FA 9636011 �✓% / , \
AP. 119-300-10 '14,
O.R. 1138211909 Portlon of 81rch Street abandoned per
O.R. 21451618
_ 303
O.CF.CD.
OR. 11997122
Parcel F01-105D1 ,
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CARLA BROCKRAN
AP 439 -061-03 -}- FA 9257949
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EXHIBIT "B"
ORANGE COUNTY OC PUBLIC WORKS - RIGHT OF WAY ENGINEERING
RIGHT OF WAY MAP - COMPILED FROM PUBLIC RECORDS
PROJECT: Upper Newport Bay Regional Park (PR47D -303) SCALE : 1" = 100' ID # 2010-010
PREP. BY. J.V. CHKD, BY SJ.1 H. DATE: June, 2011 EST.: Easement REC. DATE: O.R. 2,H
m
City Council
Attachment 4
Preliminary Title Report for the Birch Street
Extension
97
92
Order No. 305 - 1282773 -01
CL) \7= Orange Coast Title Company of Southern California -
` 1 Los Angeles Division
640 N. Tustin Ave, Suite 106
Santa Ana, CA 92705
714 -558 -2836
PRELIMINARY REPORT
City of Newport Beach
3300 Newport Blvd
Newport Beach, CA 92658
Attention: Wes Wittmeyer Your no.: 2100 Mesa
Property address: 1: 2100 Mesa Drive, Newport Beach, CA 92660 Order no.: 305- 1282773 -01
2: 2148 Mesa Drive, Newport Beach, CA 92660
Dated: November 1, 2011
In response to the above referenced application for a policy of title insurance, Orange Coast Title Company of Southern California
- Los Angeles Division hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of
title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained
by reason of any defect, lien or encumbrance not shown or referred to as an exception below or not excluded from coverage pursuant
to the printed Schedules, Conditions and Stipulations of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in
Exhibit B attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth
in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance
which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit B.
Copies of the policy forms should be read. They are available from the office which issued this report.
Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit B of this report
carefully. The exceptions and exclusions are meant to provide you with notice of matters, which are not covered under the
terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as the condition of title and may not list all
liens, defects, and encumbrances affecting title to the land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title
insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance,
a binder or commitment should be requested.
Dated as of October 18, 2011 at 7:30 AM
John Fernando, Title Officer
Ph: 800-281-0887
Email: satitleunit @octitle.com
Fax: 714-822-3223
Order No. 305 - 1282773 -01
SCHEDULE "A"
The estate or interest in the land hereinafter described or referred to covered by this report is:
A Fee, as to parcel(s) 1, 3; an easement, as to parcel(s) 2, 4.
Title to said estate or interest at the date hereof is vested in:
Carla Zwart Brockman, as Trustee of the C. Z. Brockman Revocable Trust, dated June 7, 1989, as to Parcels 1 and 2; and C. Z.
Brockman Revocable Trust, under trust dated 6/7/89, Carla Zwart Brockman, Trustee, as to Parcel 3 and 4.
The land referred to in this report is situated in the County of Orange, State of California, and is described as follows:
Parcel 1:
Those portions of Lots 118 to 121 inclusive of Tract No. 706, and portions of Mesa Drive and Birch Street adjoining, as shown on a
map recorded in Book 21, Page 25 of Miscellaneous Maps, records of Orange County, California, described as follows:
Beginning at a point on the center line of Mesa Drive, 310.62 feet Northwesterly of the center line intersection of said Mesa Drive,
with the center line of Cypress Street, said point of beginning being also North 50 Degrees 11' 45" West 1634.42 feet as measured
along the said center line of Mesa Drive from the Easterly comer of Lot 152 in Block 51 of Irvine's Subdivision, as shown on a Map
recorded in Book 1, Page 88 of Miscellaneous Record Maps, records of said Orange County; thence South 36 Degrees 13' 05" West
250.06 feet; thence North 50 Degrees 11' 45" West along a line parallel with said Mesa Drive, 489.33 feet to a point on a curve
concave Northwesterly, having a radius of 500.00 feet, the radial line of said curve from said point bears North 36 Degrees 23' 05"
West; thence Northeasterly along said curve, through a central angle of 13 Degrees 48' 40 ", an arc distance of 120.53 feet to a line
tangent, said line tangent being the Southwesterly prolongation of the center line of Birch Street, as measured at right angles to Mesa
Drive from the center line intersection of Mesa Drive and Birch Street; thence North 39 Degrees 48' 15" East 130.21 feet to said
center line intersection of Mesa Drive and Birch Street; thence South 50 Degrees 1 l' 45" East along the center line of Mesa Drive,
459.23 feet to the point of beginning.
Excepting a strip of land 30 feet wide for road and utilities along the Northwesterly and Northeasterly sides of said land, the
intersection of the Southeasterly side line of said strip being along the Northwesterly side of said land with the Southwesterly side line
of said strip along the Northeasterly side of said land shall be rounded with a curve having a radius of 20 feet, as reserved in the deed
from the Irvine Company to F. Roy Greenleaf Jr, and wife, recorded July 23, 1951 in Book 2207, Page 196 of Official Records of said
Orange County.
Also excepting a strip of land 30 feet in width for road, utility purposes, along the entire Southwesterly side of said land, as reserved in
the deed from James L. Rubel, recorded January 11, 1952 in Book 2273, Page 175 of said Official Records.
That portion of Birch Street as shown on a map of Tract No. 706 recorded in Book 21, Page 25 of Miscellaneous Maps, records of said
Orange County, included within the herein described land, was abandoned July 10, 1951, a certified copy of Resolution of
Abandonment being recorded July 17, 1951 in Book 2145, Page 619 of said Official Records.
Parcel 2:
An easement for road and utility purposes, 30 feet in width, over those portions of Lots 118 to 121 inclusive of Tract No. 706
including a portion of Birch Street in the City of Newport Beach, as shown on a Map recorded in Book 21, Page 25 of Miscellaneous
Maps, Records of said Orange County, lying Southwesterly of and adjoining the Southwesterly line of Parcel 1 hereinabove described.
Parcel 3:
That portion of Lot 152 in Block 51 of Irvine's Subdivision, as shown on a Map recorded in Book 1, Page 88 of Miscellaneous Record
Maps records of Orange County, California, together with those portions of Lots 114, 115, 118 and 119 of Tract No. 706, recorded in
Book 21 Page 25, of Miscellaneous Maps, Records of said County, described as follows:
Page 2
100
Order No. 305 - 1282773 -01
Commencing at the intersection of the centerlines of Cypress Street and Mesa Drive as shown on a Map of said Tract 706; thence
North 50° 11' 45" West along the centerline of said Mesa Drive, 310.62 feet; thence South 36° 13' 05" West 250.06 feet to the true
point of beginning, said true point of beginning also being the most Southerly corner of the land described in Parcel I of the deed to
Roland H. Gapp and wife, recorded January 11, 1952 in Book 2273, Page 175 of Official Records of said Orange County; thence
continuing South 36° 13' 05" West 551.55 feet to the Southerly line of the land conveyed to James L. Rubel and wife, by deed
recorded July 23, 1951 in Book 2207, Page 198 of said Official Records; thence North 76° 11' 45" West along said Southerly line,
175.00 feet; thence North 36° 13' 05" East 628.41 feet to a line that bears North 50° 11' 45" West from the true point of beginning;
thence South 50° 11' 45" East 162.10 feet to said true point of beginning.
Parcel 4:
An easement for road and public utility purposes over a strip of land 30 feet in width, the Southeasterly line of which is described as
follows:
Beginning at a point in the center line of Mesa Drive, as shown by said Map of Tract No. 706, distant thereon North 50° 11' 45" West
310.62 feet from the intersection of said center line with the center of Cypress Street, as shown on said map; thence South 36° 13' 05"
West 250.06 feet.
Excepting there from that portion included within Mesa Drive.
Assessor's Parcel Number(s):
1: 439 - 061 -03
2: 439 - 061 -05
Page 3
20-
Order No. 305 - 1282773 -01
SCHEDULE "B"
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form
would be as follows:
1st installment
1 General and Special taxes for the fiscal year 2011 -2012, including any assessments collected with taxes
Total amount
$8,148.98
1 st installment
$4,074.49 open
Penalty
$407.45 (after 12- 10 -11)
2nd installment
$4,074.49 open
Penalty
$430.45 (after 4- 10 -12)
Code Area
07 -129
Parcel No.
439 - 061 -03
Exemption
$0.00
General and Special taxes for the fiscal year 2011 -2012, including any assessments collected with taxes
Total amount
$30,073.28
1st installment
$15,036.64 open
Penalty
$1,503.66 (after 12- 10 -11)
2nd installment
$15,036.64 open
Penalty
$1,526.66 (after 4- 10 -12)
Code Area
07 -008
Parcel No.
439 - 061 -05
Exemption
$7,000.00
The Lien of supplemental taxes if any, assessed pursuant to the provisions of section 75,et sect of the revenue and taxation
code of the state of California
An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: January 31, 1927 in Book 9, Page 416, Official Records
For: water pipes, ditches or other conduits for the distribution of water and incidental purposes
In favor of Santa Ana Heights Water Company
Affects: more particularly described in the above mentioned.
NOTE: Reference is made to said document for full particulars.
Easement rights of the public over Parcel 1 (Mesa Drive) for public street purposes, and easements in favor of the City of
Newport Beach or the County of Orange necessary for preservation and maintenance of the public street.
The reservations and rights of way as shwon by endorsement on said Map of Tract No. 706.
Covenants, conditions and restrictions in an instrument recorded as Book 297, Page 147 and in Book 1229, Page 238 both of
Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of
Trust made in good faith and for value, but omitting any covenants or restrictions, if any, based upon race, color, religion,
sex, handicap, familial status, or national origin unless and only to the extent that said covenant (a) is exempt under chapter
42, section 3604 of the United States code or (b) relates to handicap but does not discriminate against handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on
race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state
and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful
restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as
restriction based on familial status."
An easement as set forth in the above document
For: streets, alleys, pole lines, pipelines, sewers, electric railway and incidental purposes
Affects : A portion of said land
Page 4
102
Order No. 305 - 1282773 -01
Note: the easement interests were conveyed to the Irvine Company by quitclaim deed recorded July 20, 1959 in Book 4805,
Page 240 of Official Records.
Any private easements or lesser rights in, to, or over Birch Street that were not affected by the proceedings vacating it in the
resolution of the board supervisors of the County of Orange recorded July 17, 1951 in Book 2145, Page 618 of Official
Records, including but not limited to private easements of ingress and egress to and from lots, or combinations or portions of
lots, purchased by reference to the Map of Tract No. 706, recorded Book 21, Page 25 of Miscellaneous Maps.
The rights, if any, of a City, public utility, or special district, pursuant to Sections 8345 et seq. Street and Highways Code, to
preserve a public easement in Birch Street as the same was vacated by instrument recorded July 17, 1951 in Book 2145,
Page 618 of Official Records.
10 An easement for road and utility purposes as reserved in the deeds recorded in Book 2207, Page 196 and in Book 2273, Page
176 both of Official Records.
1 l Covenants, conditions and restrictions in an instrument recorded as Book 2207, Page 206 of Official Records, which provide
that a violation thereof shall not defeat or render invalid the lien of any mortgage or Deed of Trust made in good faith and
for value, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, handicap, familial status, or
national origin unless and only to the extent that said covenant (a) is exempt under chapter 42, section 3604 of the United
States code or (b) relates to handicap but does not discriminate against handicapped persons.
"NOTE: section 12955 of the government code provide the following: if this document contains any restriction based on
race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state
and federal fair housing laws and is void, and may be removed pursuant to Section 12955 of the government code. Lawful
restriction under state and federal law on the age of occupants in senior housing for older persons shall not be construed as
restriction based on familial status."
An instrument providing the land described herein is annexed and made subject to the declaration of covenants, conditions
and restrictions above mentioned.
Recorded: as Book 3459, as Instrument No. Page 193 of, Official Records
An instrument declaring a modification thereof was recorded March 4, 1992, as Instrument No. 92- 129934 of, Official
Records
12 An easement for road and utility purposes as reserved in the deed recorded January 11, 1952 in Book 2273, Page 175 of
Official Records, over the Southeasterly 30 feet of Parcel 1.
13 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: in Book 3634, Page 433, of Official Records.
For: electric lines and incidental purposes
In favor of: Southern California Edison Company, a Corporation
Affects : a portion of the land
14 An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Recorded: In Book 3492 and Page 299 of Official Records
For: either or both pole lines, conduits and incidental purposes
Affects: said land
15 A perpetual air or flight easement sometimes referred to as avigation rights in and to the air space above those portions of
particular planes or imaginary surfaces that overlie said land and other land, as provided in an instrument recorded March 17,
1964 in Book 6965, Page 721, of Official Records.
16 The effect of a Map purporting to show the herein described and other land recorded in Book 110, Page 42 of Record of
Surveys.
Note: A Certificate of Correction correcting the above Map was recorded November 27, 1985 as Instrument No. 85- 479201
of Official Records.
17 The effect of a Map purporting to show the land other property, filed Book 121, Page 37 of Record of Surveys.
Page 5
103
Order No. 305 - 1282773 -01
18 An easement for purposes herein stated, and rights incidental thereto as set forth in an instrument
Recorded: March 1, 1990, as Instrument No. 90- 108047, of Official Records.
For: public utility and incidental purposes
Affects: over the Southeasterly 30 feet of the land
19 An instrument, upon the terms and conditions contained therein
Entitled: Santa Ana Heights Specific Plan, Orange County California
Recorded: May 4, 1990 as Instrument No. 90- 235869 of, Official Records.
20 An instrument, upon the terms and conditions contained therein
Entitled:
Agreement and Certificate of Water Service
Dated:
June 7, 1989
Executed by and between:
Santa Ana Heights Water Company and Carla Brockman, as trustee of the C.Z. Brockman
revocable trust
Recorded:
June 16, 1994 as Instrument No 94- 0403559 of, Official Records.
21 The effect of a Map purporting to show the land and other property, filed Book 172, Page 27 of Record of Surveys.
22 A covenant and agreement wherein the owners of said land covenant and agree, among other things, that said lands shall be
held as one parcel, and that no portion shall be sold separately.
Recorded: January 8, 2001 as Instrument No. 20010013115 of, Official Records.
23 An easement for purposes herein stated, and rights incidental thereto as provided in an instrument
Recorded: May 22, 2003 as Instrument No. 2003000592265, of Official Records.
For: ingress, egress, drainage, slope and incidental purposes
In favor of : The County of Orange
Affects : a portion of the land
24 An instrument, upon the terms and conditions contained therein
Entitled: Resolution No. 2010 -125 a Resolution of the City Council of the City of Newport Beach
Ordering the Summary Vacation of a 30 -foot Public Safety Easement over an Alley Bounded
between Mesa Drive and Brich Street
Recorded: November 29, 2010 as Instrument No. 10- 634957, Official Records.
Reference is hereby made to the above document for full particulars.
25 The requirement that we be furnished a copy of the C. Z. Brockman Revocable Trust, dated June 7, 1989 and any
amendments thereto. A certification of said trust is acceptable if made pursuant to probate code section 18100.5 and
qualified as a trust under section 82 of probate code.
26 "NOTE: Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge
of any outstanding obligation, please contact your title officer immediately for further review ".
27 Applicant has requested Orange Coast Title Company of Southern California- Los Angeles Division (The Company) to issue
a preliminary report of the property described herein. Applicant is aware that Title Insurance may be available for the
contemplated transaction, but may not request the company to issue or cause to be issued a policy therein. Applicant agrees
that this report is issued for the exclusive use of applicant and that said preliminary report is issued pursuant to section
12340.11 of the insurance code of the State of California. By acceptance of this report, applicant understands and agrees that
said report is not an abstract of title, nor are any of the rights, duties or responsibilities applicable to the preparation and
issuance of an abstract of title applicable to the issuance of this report. This report shall not be construed as, nor constitute, a
representation as to the condition of the title to real property, but shall contribute a statement terms and conditions upon
which the issuer is willing to issue a title policy, if requested to do so.
End Schedule B
Page 6
W /0
Order No. 305 - 1282773 -01
"NOTES AND REQUIREMENTS SECTION"
Note No. 1
California Revenue and Taxation Code Section 18662, effective January 1, 1994 and by amendment effective January 1, 2003,
provides that the buyer in all sales of California Real Estate may be required to withhold 3 and 1/3% of the total sales price as
California State Income Tax, subject to the provisions of the law as therein contained.
NOTE NO.2 PAYOFF INFORMATION:
Note: this company does require current beneficiary demands prior to closing.
If the demand is expired and a correct detnand cannot be obtained, our requirements will be as follows:
A. If this company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment.
The amount of this hold will be over and above the verbal hold the lender may have stipulated.
B. If this company cannot obtain a verbal update on the demand, will either pay off the expired demand or wait for the amended
demand, at the discretion of the escrow.
C. In the event that a payoff is being made to a servicing agent for the beneficiary, this company will require a complete copy of
the servicing agreement prior to close.
Note No. 3
If this company is requested to disburse funds in connection with this transaction, chapter 598, statutes of 1989 mandates hold periods
for checks deposited to escrow or sub - escrow accounts. The mandatory hold is one business day after the day deposited. Other checks
require a hold period from three to seven business days after the day deposited.
Notice Regarding Your Deposit of Funds
California Insurance Code Sections 12413 et. Seq. Regulates the disbursement of escrow and sub - escrow funds by title companies.
The law requires that funds be deposited in the title company escrow and sub - escrow accounts and be available for withdrawal prior to
disbursement. Funds deposited with the Company by wire transfer may be disbursed upon receipt. Funds deposited with the Company
via cashier's checks drawn on a California based bank may be disbursed the next business day after the day of deposit. If funds are
deposited with by other methods, recording or disbursement may be delayed. All escrow and sub - escrow funds received by the
Company will be deposited with other funds in one or more non - interest bearing escrow accounts of the Company in a financial
institution selected by the Company. The Company and/or its parent company may receive certain direct or indirect benefits from the
financial institution by reason of the deposit of such funds or the maintenance of such accounts with the financial institution, and the
Company shall have no obligation to account to the depositing party in any manner for the value of, or to pay such party, any benefit
received by the Company and /or its parent Company. Those benefits may include, without limitation, credits allowed by such
financial institution on loans to the Company and/or its parent company and earnings on investments made on the proceeds of such
loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional
compensation of the Company for its services in connection with the escrow or sub - escrow. If funds are to be deposited with Orange
Coast Title Company of Southern California - Los Angeles Division by wire transfer, they should be wired to the following
bank/account:
Wiring Instructions for This Office:
Citizens Business Bank
301 Vanderbuilt Way
San Bernardino, CA 92408
Account No. 245122620
ABA Routing # 122234149
Credit to the account of Orange Coast Title
Pay -Off Fax No. (714) 245 -7780
Reference Title Order No. 305- 1282773 -01
and John Fernando, Title Officer
Page 7
105
Attention:
Borrower: Brockman Trust
Lenders supplemental report
Order No. 305 - 1282773 -01
Orange Coast Title Company of Southern California -
Los Angeles Division
640 N. Tustin Ave, Suite 106
Santa Ana, CA 92705
714 -558 -2836
The above numbered report (including any supplements or amendments thereto) is hereby modified and /or supplemented in order to
reflect the following additional items relating to the issuance of an American Land Title Association loan policy form as follows:
A. This report is preparatory to this issuance of an American Land Title Association loan policy of title insurance. This
report discloses nothing, which would preclude the issuance of said American land title association loan policy of title
insurance with endorsement no. 100 attached thereto.
B. The improvements on said land are designated as:
A single family residence
1: 2100 Mesa Drive, in the City of Newport Beach, County of Orange, State of California.
A single family residence
2: 2148 Mesa Drive, in the City of Newport Beach, County of Orange, State of California.
C. Our search of the public records revealed conveyance(s) affecting said land recorded within 24 months of the date of
this report are as follows:
None.
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Order No. 305 - 1282773 -01
Attention
Please note that this preliminary report now has an extra copy of the legal description on a separate sheet of paper. There are no
markings on the page. The idea is to provide you with a legal description that can be attached to other documents as needed.
Thank you for your support of Orange Coast Title Company of Southern California - Los Angeles Division. We hope that this
makes yourjob a little easier.
2l��
Order No. 305 - 1282773 -01
Exhibit "A"
Parcel 1:
Those portions of Lots 118 to 121 inclusive of Tract No. 706, and portions of Mesa Drive and Birch Street adjoining, as shown on a
map recorded in Book 21, Page 25 of Miscellaneous Maps, records of Orange County, California, described as follows:
Beginning at a point on the center line of Mesa Drive, 310.62 feet Northwesterly of the center line intersection of said Mesa Drive,
with the center line of Cypress Street, said point of beginning tieing also North 50 Degrees 11' 45" West 1634.42 feet as measured
along the said center line of Mesa Drive from the Easterly corner of Lot 152 in Block 51 of Irvine's Subdivision, as shown on a Map
recorded in Book 1, Page 88 of Miscellaneous Record Maps, records of said Orange County; thence South 36 Degrees 13' 05" West
250.06 feet; thence North 50 Degrees l l' 45" West along a line parallel with said Mesa Drive, 489.33 feet to a point on a curve
concave Northwesterly, having a radius of 500.00 feet, the radial line of said curve from said point bears North 36 Degrees 23' 05"
West; thence Northeasterly along said curve, through a central angle of 13 Degrees 48' 40 ", an arc distance of 120.53 feet to a line
tangent, said line tangent being the Southwesterly prolongation of the center line of Birch Street, as measured at right angles to Mesa
Drive from the center line intersection of Mesa Drive and Birch Street; thence North 39 Degrees 48' 15" East 130.21 feet to said
center line intersection of Mesa Drive and Birch Street; thence South 50 Degrees 11' 45" East along the center line of Mesa Drive,
459.23 feet to the point of beginning.
Excepting a strip of land 30 feet wide for road and utilities along the Northwesterly and Northeasterly sides of said land, the
intersection of the Southeasterly side line of said strip being along the Northwesterly side of said land with the Southwesterly side line
of said strip along the Northeasterly side of said land shall be rounded with a curve having a radius of 20 feet, as reserved in the deed
from the Irvine Company to F. Roy Greenleaf Jr. and wife, recorded July 23, 1951 in Book 2207, Page 196 of Official Records of said
Orange County.
Also excepting a strip of land 30 feet in width for road, utility purposes, along the entire Southwesterly side of said land, as reserved in
the deed from James L. Rubel, recorded January 11, 1952 in Book 2273, Page 175 of said Official Records.
That portion of Birch Street as shown on a map of Tract No. 706 recorded in Book 21, Page 25 of Miscellaneous Maps, records of said
Orange County, included within the herein described land, was abandoned July 10, 1951, a certified copy of Resolution of
Abandonment being recorded July 17, 1951 in Book 2145, Page 619 of said Official Records.
Parcel 2
An easement for road and utility purposes, 30 feet in width, over those portions of Lots 118 to 121 inclusive of Tract No. 706
including a portion of Birch Street in the City of Newport Beach, as shown on a Map recorded in Book 21, Page 25 of Miscellaneous
Maps, Records of said Orange County, lying Southwesterly of and adjoining the Southwesterly line of Parcel I hereinabove described.
Parcel 3
That portion of Lot 152 in Block 51 of Irvine's Subdivision, as shown on a Map recorded in Book 1, Page 88 of Miscellaneous Record
Maps records of Orange County, California, together with those portions of Lots 114, 115, 118 and 119 of Tract No. 706, recorded in
Book 21 Page 25, of Miscellaneous Maps, Records of said County, described as follows:
Commencing at the intersection of the centerlines of Cypress Street and Mesa Drive as shown on a Map of said Tract 706; thence
North 50° 11' 45" West along the centerline of said Mesa Drive, 310.62 feet; thence South 36° 13' 05" West 250.06 feet to the true
point of beginning, said true point of beginning also being the most Southerly comer of the land described in Parcel I of the deed to
Roland H. Gapp and wife, recorded January 11, 1952 in Book 2273, Page 175 of Official Records of said Orange County; thence
continuing South 36° 13' 05" West 551.55 feet to the Southerly line of the land conveyed to James L. Rubel and wife, by deed
recorded July 23, 1951 in Book 2207, Page 198 of said Official Records; thence North 76° 11' 45" West along said Southerly line,
175.00 feet; thence North 36° 13' 05" East 628.41 feet to a line that bears North 50° 11' 45" West from the true point of beginning;
thence South 50° 11' 45" East 162.10 feet to said true point of beginning.
Parcel 4:
An easement for road and public utility purposes over a strip of land 30 feet in width, the Southeasterly line of which is described as
follows:
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Order No. 305 - 1282773 -01
Beginning at a point in the center line of Mesa Drive, as shown by said Map of Tract No. 706, distant thereon North 50° 11' 45" West
310.62 feet from the intersection of said center line with the center of Cypress Street, as shown on said map; thence South 36° 13' 05"
West 250.06 feet.
Excepting there from that portion included within Mesa Drive.
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Order No. 305 - 1282773 -01
Exhibit B (Revised 01- 01 -08)
CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY -1990 EXCLUSIONS FROM COVERAGE
expressly excluded from the coverage ofthis policy and the Company will not any loss or damage, costs, anomeys' fees cr exppenses which arise by reason of.
nnce or gmerimental regulation (including but not limited to building m zoningg laws, ordinances, or regulations) restricting, regulating, prohibiting or relaangg (t! occupancy, use, or or t tit of the
n. dimensions or location of any improvement now or hereafter erected on the land; oW) a separating in ownership or. eber, m the dimensions or area ofthe land or an p reel of which the land is he at
e eon el Vrotecginn or the effem ofany vinlanon of chose laws, ordi,ances or n eovmenml regulations, except m the extent that a notice of the enforcement thereof o a notice of a defect, hen. or
rig from a violation or alleged violation affecting the land has been recorded in the p blic records at Date of Policy. (b) Any governmental police power not excluded! b (a) above, except m the extern that
g thereof or notice of a defect. lien orencumbrance resulllng from a violation or alleged violation affectingthe land has beearecorded art Damof licy.
dnn,am unless notice of the xxemrse themoPoOS been rewoded in 1M1e pubhc records at Date of PoL<y, but tie excluding from coverage any raking whmh has occurred prior W Dee of PoGCy which would
;itsofa erfor value without e
unbfan esss. adverse clam, or other matters (a ) whethe o sot recoded In the public records at Dam of Poky but created, suffered, assumed magreed [o by the insured ed change (b not known s the
Its] m ilpubhc reword or Date of a rosy but known m the ms.red clmmae and not ant to ar wfPci i ro the
or ped nothing Company by the insured or claimant p ul the date the insured claimant �wame an insured the
reaoltivg in no lose odor the estateborliasterrestcmswed b(dtlA s yeVs licg. or created subsequent to Dete ofPolicy, or (e) resuhmg m loss or danvge which would not have been sustained ifthe insured claimant
�f the lien of [ e Insured mortgage because of the inabley or 6'lure of the insured at Date of Policy, of the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable
of the into iv which the land is scooted.
fere,maday of the lie. of the insured mortgage, or claim tbecco& which raises out of the tensactioa evidenced by the insured mortgage and is based upon usury or any consumereredit common or truth
6. Any claim which arises out effic transaction vesting in the insured the estate of interest insured by this policy mine tmawctiov creating the Interest tithe insured leader, by.. ofine opemm r of federal bankruptcy,
state insolvency or similar creditor" rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
eef does not insure apainat loss or damage (and the Company will at pay costs, attorneys' fres or expenses) which arise by reason of
sesnnsacs wide got show. as existing liens by the records crazy taxing authority that levies taxes or nssesemems on real property or by the public retards. Proceedings by a public agency which may result
r" of notices ofsuch proceedingp whether or not shown
cords of such agency or by the pubBetter, s,
rats, rights, Interests, or claims which are not show. by the pubhc records but which could he ascertained by an tromb inst of We land or which may be asserted by persons in possession thereof
ents, here or encumbrances, or claims thereon which are net shown by the public retards
prcie conflicts in boundary lines, shortage m area, encroachments, or any other facts which a eorrm surveyy word disc lose, and which are got shown bKYthe public records.
patented mining claims; (b) reservations or exceptions In patents in In Acts mermizing the issuance tlareof; Ic) water rights, chums or title to water, whetlsr or of the mattes excepted under (a), (b) or (c) are shown
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (01/01/08) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS
In addition to the Exceptions in Schedule B, You ere not incur N against loss, casts, alwmeys' fces, and expenses reaching Iran
L Governnteate police power, and the existence or violation ofany law or government regulation. This includes ordinances, laws and regulations concerning: thudding, In zoning, w.Land use d. improvements on the
land, e.Laad division,£. envbonmenml prosediomThis Exclusion does not apply to violations or the eNbrcwem ofthese matters Smtice ofthe violation or eMchomment appears In the Public Records at the Policy
Date. This Exclusion does not limit the coverage described In Covered Risk 16, 17, 19, 19 or 24.
2. The Pelum of Your existing structures, or any pan ofthem, to be conswded in accordance with applicable building cashes. This Exclusion does wt apply to violations of building codes ifgotice ofthe violation
appears m the Public Records at Policy Date.
3. The right an take the Land by condemning it, unless: a a notice ofib ercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You
bought the Land without Knowing ofthe taking.
4. Risks: a that are caned, allowed, or agreed ar by You, whether or not they appear in the Public Records; b.nhm are Known to You at the Policy Date, but rat to Us, unless they appear in the Public Records at the
Policy Date; c. that result in no loss to You; or d. that fast occur after the Pobcy Date - this does act brou the coverage described in Covered Risk 7, SA, 22, 23, 24 or 25.
5. Failure to pay value for Your Title.
6. lack ofa right in an any Land ounlde the area specifically described and refound to in paragraph 3 of Schedule A; and 1, in streets, alleys, or waterways that touch the land. This Exclusion does not limit the
LIMITATIONS ON COVERED RISKS
Year insurance for the following Covered Risks is limited oa he Ounger's Coverage Statement as follows:
• For Covered Risk 16, 18,19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limds shown oa SeMduls A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability
Covered Risk 16: 1 % of Policy Amount or S 2,500.00 (whichever u less) S 10.000.00
Covered Risk IS: 1 % of Polley Amount or 5 5,000.00 (whichever is less) S 25.001).00
Covered Risk 19: 1 % of Policy Amoanl or $ 5.000.00 (whichever is less) S 25.000.00
Covered Risk 21: 1 % or Palley Amaue or $ 2.51)(0.00 (whichever B less) S 5.000.00
AMERICAN LAND TITLE ASSOCIATIONRESD)ENTIAL TITLE INSURANCE POLICY (6 -1 -87) EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' less, and expenses resulting from
1. Govervm tal police power, and the existence or violation ofany law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: ' land use ' improve ants on the
land ' land division emifonmeatal protection Thu exoluim does not apply to via lat ion, or the enforcement of these matters which appear in the public records at Policy Date. This exdrea n does not limn the rears,
2. The right to take the and by condemning it, unless: 'a notice of exercising the right appears In the public records 'o1) the Policy Date 'the taking happened prior to the Policy Date and is binding on you if you bought the
land without knowing ofthe tab"
3. Thle Risks: that ere created, alto -ed, r1) agreed to by you Rhat ere known to yo but not in uis on the Policy Date -- unless theyappeared in the public records "that result in no lass m you *that first affect your tale after
the Policy Date -- this does got lima the labor and material hen . coverage m Item tl of�Covased Thic Risks
4. Failure to pay value for your title.
5. Lack ofa right -to any land outside the area specifically described and referred to in Item 3 of Schedule A OR "In streets, alleys, or waterways that touch your land. This exclusion does not limit the access coverage In
Item 5 of Covered Title Risks
ALTA LOAN POLICY (10- 17 -92) WITH ALTA ENDORSEMENT -FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE
no following matters are expressly excluded from the coverage ofthis policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of.
I. (a) Any law, ordinance or governmental regulation ('including hat not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting orrelating to O the occupancy, use, or
e pyment ofthe land; (I,) the chamdeq dimensions or location ofany improvement now or hereafter erected on the land; (iii) a separation In ownership or a change an the dimensions or area ufthb late or any parcel
ofwhlch she land is or was a pan; or In) biwarm maeal protection, or the effect ofany violation ¢£these laws, ordinances or govemmeeml regulations, except to the came that a notice ofthe enforcamem thereof., is
notice of a defect, lien or encumbrance resulting from is violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. po Any governmental police power not excluded by
(a) above, except to the extent that a notice afthe exercise thereofor a notice ofa defect, lien or commentary resulting from a violation or alleged violation affecting the lard has burn recorded in the public records m
Dare of Policy.
2. Rights aforimm t diagram midess notice of the exercise mereofhas been recorded in the pubhc records a Date ofPolicy, but rat excluding Gom coverage any taking which has occurred prior m Daze ofPohcy which
would be binding on the rights ofa purchase %f valid without knowledge.
3. Defiers, liens, encumbrances, adverve chums or ¢the, aninter, :(a)ereated, soffered, assumed or agreed to by the Insured element; (b)a n known to the Company, not reworded in the public records m Date ofPohcy,
but known to the insured claimant and not disclosed in writing m the Company by the insured claimnat prior to the date the insured claimant became an insured under this policy; of resulting in no loss or damage to
the insured eleimanp (d) attaching or reared subsequent to Date ofPolicy (except to the extent that this policy insures the priority ofthe lien ofthe insured mortgage over any, statumry lien for services, labor, or
material or to the exam inurdace is afforded herew as to assessments for street improvements under constru tin. or coandided at Date off'olicytods) resulting In loss or damage which smash not have been sustained
if,he insured claimant had paid value for the insured mortgage.
4. UneMorcealeiliry of the lien ofthe insured mortgage because ofthe Inability or failure ofthe insmed at Date ofPolicy, or the inability or failure ofany subsequent owner afthe Indebtedness, to comply with applicable
doing business laws o£ihe state in which the land is situated.
5. Invalidity or ursommoceability ofthe lien ofthe insured mortgage, or claim thereof, which arises out ofthe transaction evidenced by the insured mortgage and is based upon over or any consumer credit pru etion or
troth in leading law.
6. Any atatumry lien for services, labor or materials for the claim ofpriority of eery summary lien for services, labor or materials over the lien ofthe insured mortgage) arising from an improvement or work related to
the IoM which is communist for and commented subsequent to Date ofPolicy and is not financed in whole or m pact by pracced, ofthe indebtedness secured by the Insured mortgage which at Date of Policy the
Insured has advanced or is.bligand to advance.
7. Any thin, which arises out ofthe gansatiea creatmg the Interest offs, mortgagee insured by this policy, by reason ofthe operation of federal haakruptcy, stare Insolvency, or similar credams'righs laws, that is
based .¢ if the transaction cringing the interest of the insured fluor ce ee being deemed a faeduleat conveyance or Gaudulwt ua rifer; indid the subordirmudn ¢fine ioterest ¢fine in med mortgagee as a result or the
application ofthe &=me or equitable subordination: or(iii) the newatiou creating the interest ofthe insured mortgagee being deemed a preferential former except where the prefeential fans£ results poor the
far im(a)m timely record the Instrument oftmnsRq oqb) mfsuch recordation to trepan mince m .purchaser for value or ajudgement or lien creditor. The above policy form may be issued to afford either Standard
Coverage or Extended Coverage. In addition an the above Exclusions from Coverage, the Exceptions ftom Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not mauve against loss or damage (and the C.mpanywill not pay coats, ar arm,' hies or expenses) which more by reason of
I.Taxes or assessments which ere not shown as existing liens by the records ofanytaxing authority that levies taxes or assessments on real property or by the public records.
ProcendInge by a public agency which may result to taxes or assessments, or income of such proceedings, whether men shown by the records ofsuchagouty or by the pubhc records.
2.Any facts, rights, interests or claims which are not shover by the public records but which could be ascertained by an inspection ofthe land flr which may be asserted by persons in possession thereof.
3.Easeme.ts, liens or encumbrances, or claims thereof, rat shown by the public records.
40cmm,mxic,, usu it s in boundary lines, shortages urea, encroachments, or art, other facts which a our ... I survey would disclose, and which are and shown by the public records.
5.(a) Unpatented mining claims; (b) reservations or exceptions in patents or m Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are
show. by the public records.
2006 ALTA LOAN POLICY (06- 17 -06) EXCLUSIONS FROM COVERAGE
The Move, means am expressly excluded front the coverage ofthis pohry, me the Company will rat pay loss at d.,c, costs, atmmeys' fns, or expenses that naive by reason of.
Page 12
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Order No. 305 - 1282773 -01
I. (a) Any law, ordinance, permit, or governmental regulation (including those owning to building and zoning) resonating, regulating, prohibiting or relating tm (d the occupancy, use, or enjoyment wthe Land; (id
the character, dimemions, or location ofany improvement erected on the Land; (fit) the subdivision ofland; or (IV) environmental protectlomor the effect ofany violation of these laws, ordinaries, or govemvmvtal
regulations This Exclusion list does not modify or limit be coverage provided under Covered Risk 5. (b) Any goo.timl police power. Th. Exclusion 1(b) does not modify or limit be coverage provided ..der
Covered Risk 6.
2. Rights ofemmord domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or R.
3. De@ctx, liens, edcum .grow, adverse a].. , w other mate2 (a) created, suffered, assumed, or agreed to by the Insured Cimarron; (b) not Known to the Company, not recorded in the Public Records a Date of
policy, bur Kmowm on the insured Claimant and net disclosed in writing to the Company by the IasureA Claimant prior to the date the Insured Claimant became an l.dd under this p blay;(c) resulting in no loss or
damage to the Insured Claimant (d) mention or amount subsequent to Date ofPOlicy (however, ibis does not modify or limit the coverage provided under Covered Risk 11, 13, or I4); or (e) resulting in Was or
damage that would not have been susuchad if the hound Claimant had paid value for the Insured Mortgage.
4. Unen6rceability of the lien ofthe Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws ofthe state where the Land is situated.
5. Invalidity or unenforceability in whole or in part ofthe lien ofthe Insured Mortgage that asses act ofthe transaction evideuced by the Insured Mortgage and is based upon usury or any consumer credit protection or
torch-w- lording how.
6. Any claim, by rezmd ofihe opemtion of federal bankruptcy, state insolvency, or similar cfed0ors' rights laws, that the trareaction dreoieg the lien of the Insured Mortgage, is: (a) a fraudulent conveyance or
fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of Nis policy.
7. Any lien on the Title fbr real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the data ofrerording ofihe Insured Mortgage in the Public Records,
This Exclusion does nor modify or lima the coverage provided under Covered Risk I I (b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions
from Coverage, the Exceptions from Coverage in a Standard Coverage Policy will also include the Pollowing Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not mismanaging loss m damage (ad the Company will not pay cons, attomeys' fees m expenses) that song by reason of.
L. (a) Taxes m onvaimems that are not shown as existing tens by the records of any taxing authority that levies taxes m assessments on real property or by the Public Records; (h) proceedings by a public agency
that mayresult in taxes or assessments, or notices efficient proceedings, whether m not shown by the records ofsueh agency or bythe Public Records.
2. Any facts, rights, interests, as claims that are not shown by the Public Records bar that could be ascertained by an inspection ofihe Land or Nat may be asserted by persons in possession ofth, Land.
3. Easements, liens or encumbrances, err daimsthuwf, not shown bythe Public Records.
4. Any mom othow f encumbrerrce, violation, variation m adverse chemical ace affecting the Title that would be disclosed by an accurate and complete land survey of the Land and rot shown by the Public Records.
S (a) Uupmented mining claims; (b) reservations or excepfmns to persons or in Acts audmriang the issuance thereof,' (c) water rights, claims m title ha ware, whether.,wt the matters excepted under (alt do, or (c) are
shown by the Public Records.
ALTA OWNER'S POLICY (10- 17 -92) EXCLUSIONS FROM COVERAGE
The following matters me expressly excluded from the covenge.£this policy and the Company will not pay loss or damage, costs, attomeys' fees o -expenses which arise by reason of
1. (a) Any law, ordinance or govemmeniel regulation (including but not limited to building and zoning laws, ordinances, or regulations) resonating, regulating, Prohibiting confusing to in the occupancy, use m enjoyment of
the land; hdthe character, statements or location of my improvement now or darafief waited on the land; (iii) a separation in ownerslp or a change in the dimensions or area ofthe land or any parcel of which the land is
or was a part; or IN) envhnmental protection, or the effect of any violation of these laws. ordinances or governmental regalum ns except or the emeott that a notice ofthe enfi tcement Nereofor a notice ofa defect lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded or the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent Par
notice of the exercise thereof., a notice ofa de @m, lied or encumbrance ..In, four a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Data ofPohcy which
would be bidding an the rights ofa pmchsed, for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimannrld not known to the Company, not recorded in the public retards at Date ofPelicyg
but knew. m the added claimant and not disclosed to wrong to the Company by the insured claimant prior to the date the funded claimant became an insured under this polovib, remlting in an loss or damage to Ne
insured claimant; (d) watching a crewed subsequent to Date of Policy; or(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by
this policy.
4. Any claim, which sores out ofthe transaction vesting in the Thermal the estate or iaterest insured by this policy, by ream. ofihe opemtion of federal bardoupicy, state in d,wery, or similar creditors' tights laws, that
is bared om(d the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transferor dd the transaction creating the estnb or interest insured by this policy
Wing deemed a preferential .ansfer except where the preferential vansfd results from the failure: (a) to timely record the immune., oftra.6q at (b) of such recordation to impact notice m a purchaser
for value or ajudgement or lien creditor. The above policy form may bounded to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from
Coverage in a Staled Coverage Policy will also include the following Exceptions from Coverage:
EXCEPTIONS FROM COVERAGE
This policy does not insure ageing loss or damage (aid the Company will not pay cogs, attorneys' fees or expenses) which arise by ransom of.
L Taxes or assessments which are not shown as existing liens by therdoor& ofany taxing authority that levies taxes or assessments on reel property or by the public records. Proceedings by a public agency which
my result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the Enable records but which could be ascertained by an inspection ofthe hied or which may be reconed by person in possession thereof.
3. Easements, liens., encumbrances, or claims t hereof, which are not shown by the public records.
4. Discrepamies, c u flic , in boundary twos, shortage in area waroachadows, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5, (a) Unpa[ented mining claims, nad ra vismons m excommrs in patenw farm Avis authorizing the issuance thereof, or) water rights, claims or title to water, whether or not the matters excepted under (a), nd or bid
are shown by the Public records.
2006 ALTA OWNER'S POLICY (06 -17 -06) EXCLUSIONS FROM COVERAGE
The Pollowing roamers are expressly excluded from the coverage ofthis policy, add the Company will not pay loss or damage, costs, who rn,s' fees, or expenses that arise by reason at
coverage
effen of any
l(b) does not
:elusion does not modify or lmd, the c wT4 ern ided under Covered Risk 7 or 8.
the laims or other matters (a) created, stifle d, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, rot recorded in flu: Public Records at Date ofPohcy, but
cut disclosed 'a writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured rode, this policy; (c) msullmg in no loss or damage to the
;aid subsequent to Data of Policy (however, this does not modify or lima the vovemge provided under Covered Risk 9 and III); or (e) resulting to loss or damage that would not have been
4 AnY claim by owned of me operation of federal bomcmptcy, tale moderate, n similar ¢editors' rights laws, that the aanssench vesting the Title as shown . Schedule A, is (a) a foundation o.nvey ..ce or 6audulem
how, or (b) a preferential transfer for any reason not stated on Covered Risk 9 ofthis policy.
S. Any hen on the Talo for real estate taxes or assessments unposed by governmental authority and created or attaching between Date ofPcliey and the date ofrecording with, Jed or other maintain .firm &, in the Public
Records dim vests Title as shown in Schedule A. The above go lm, form may be issued to afford usher Standard Coverage car Extended Coverage. In addition to the above Ewlec mes 6om Coverage, the Exceptions boom
Coverage in a Standard Coverage polity wil I also include the llowing Exceptions from Coverage;
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damgge (and the Company will constraints, wouneys' fees or expenses) that arise by reason of.
1. (a) Taxes or assessments that are not shown as existing hens by the records of eny taxing authway that levies taxes or assessments on real property or by the Poland Records; (b) proceedings by a public agency that
mayresultu taxes or assessments, ornodces ofsueh provessim s,whether o,net shown bytherecords ofsueh agencyorby the Public Records.
2. Any facts, rights, interests, or claims that are rot shown in the Public Records but that could be ascertained by.. inspection ofihe Land no that may be asserted by pars... m precession ofihe Load.
3. Easemens, lie. or encumbrances, or claims there.[ not shown by the Public Records.
4. Any enemmhmenq encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey ofthe Land and the are not shown by the Public
Records.
5. (a) Consumed! timing claims; (b) reservations id .,how in patents m in Alts authorizing the issuance theremb (c) water rights, claims or tale to water, whether or not the matters excepted under (a), (b), or
(o) are shown by the Public Ro wrds.
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10 /13 /01)EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage ofthis policy and the Compdywill notpay loss er damage, costs, aftwes s fees or expanses which now by reason of.
L (a) Any law, ordinance or governmental regulation (including bat not limited to building and zoning laws,
a ordinances. reg ulatons) resonating, mgmaung prdhibuing w reating to (r) the oaupancy, use, or enjoyment of
the Lnd; (iite cheter, dimensons or location of ny improvment nw or here r ereetd on the Land; (i) asepamtion in
ownership or a change in the dimensions or areas ofthe Land or wypwcel ofwhich the Land
is or was a pan; or (iv) ewhomoemal protection, or the enter of hers violation ofthese haws, ordinances or govemmmmal regulation4 except to the mom that s notice oP[he anPomemem Peeofor a notice cf a ciefem, tier o,
encumbrance resulting firma violation o, alleged violation atTenting the Land has been r cold iv the Public Records al Date ofPOlicy. This exclusion does not lund the coverage provided undo Covered Risks 12, 13, 14,
and 16 ofthis policy (b) Any governmental police power rot exdvded by (a) above, except m the e#evt that amain, ofihe exercise thereofor a mtice of a defect, honor encumbrance resulting from a violation m alleged
violation affecting the Land has been worded in me Public Retards at Date of Policy, This exclusion time riot limit the coverage provided nude, Covered Risks 12, 13, 14, and in of this policy.
2. Rights of eminent domain unless notice ofthe exercise there,fhas been recorded in the Public Records atDate of Policy, but dot excluding firm coverage any taking which has occurred poor to Date of Policy
which would be bidding on the rights ofa purchaser for value without Knowledge.
3:Defctm lieu, encumbrances, adverse claims or her menarman) creemd. Sufi red, assumed or agreed to by the Irswd Claimant, (b) not Known to the Company, not recorded in the Public Records a Dateof
Policy, but Known of the Insured Claimant and act disclosed in writing to the Company by the Insured Claimavr prior to rate date the Insured Claimant became an Insured trader this pohcy,(q resulting In no loss or
damage to the Insured Clwmanf,(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided order Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24. 25 and 26);
m(ehusmting in lass or damage which wood not have been sustained ifthe footed Claimant had paid value hordes Insured Mortgage,
4. Unut %rcemila, of the lien ofihe Inured Mortgage because of me inability or failure of the Insured at Date ofPohcy, or the iram llty or Phone ofaay subsequent owner of the indebtedness, to comply with
applicable doing business laws ofthe state in which the Land is mounted.
S. Invalidity or monmaccabiloy ofthe hen ofthe Insured Man,,, or claim thereof, which eises at ofthe transaction evidenced by the Insured Mortgage and is based upon ready, except as provided in Covered
Risk 27, or any consumer credit protection or truth in hard., how,
b. Real properly taxes or assessments ofany govemmemat authority which becomee Gen ern the land subsequent to Dale ofPohcy. This exclusion does rot limit the coverage provided trader Covered Risks 7, 8(e)
and 26.
Page 13
11i
Order No. 305 - 1282773 -01
7. Any claim orinvalitlhy, unen£orceability or heck ofpnority ofthe lien write Marred Mortgage as to advances car modifications made after to firmed has Knowledge that be vesvee shown in Schedule A is no
longer the owner ofthe estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk R.
&.Lack ofprierity ofthe lien of the Loured Mortgage m to each and every advance made after Date ofPOhcy, and all interest charged iberewn, over liens, encumbrances and other matters affecting the title, the
existence wfwhsh are Known athe Insuredai The time ofthe advance ;or@) The into a modification is mode to theicons ofthe Insured Mortgage which changesthe rate of Interest charged tribe rate oflmemst
is greater as a result ofthe rnodificatlon than it would have been before the modificalum. This exclusion does net limit the coverage provided in Covered Risk 9.
9. The fours of the residential structure, or any portion thereo£te have been constructed before, on or after Date of Policy in accordance with applicable bonding codes. This esc onion does not apply to violations of
building codes if notice ofthe violation appears in the Public Records at Date of Policy.
Page 14
112
Order No. 305 - 1282773 -01
Orange Coast Title Company of Southern California - Los Angeles Division
PRIVACY POLICY
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that
you may be concerned about what we will do with such information — particularly any personal or financial information. We agree
that you have a right to know how we will utilize the personal information that you provide to us. Therefore, we have adopted this
Privacy Policy to govern the use and handling of your personal information.
Applicability
This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use
information we have obtained from any other source, such as information obtained from a public record or from another person or
entity.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:
• Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means.
• Information we receive from providers of services to us, such as appraisers, appraisal management companies, real estate
agents and brokers and insurance agencies (this may include the appraised value, purchase price and other details about
the property that is the subject of your transaction with us).
• Information about your transactions with us, our Affiliated Companies, or others; and
• Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business p oses and not for benefit of any nonaffiliated party. Therefore,
we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have
requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which
any customer relationship has ceased Such information may be used for any internal purpose, such as quality control efforts or
customer analysis.
Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to
nonpublic personal information about you to those individuals and entities who need to know that information to provide products or
services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be
handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
Opting Out
We may also share the informal on we collect about you within our family of companies (our "Affiliated Compan es "). We may also
provide this information to companies that perform marketing or other services on our behalf, or on behalf of our Affiliated
Companies ( "Service Providers "). However, we will not share this information with our Affiliated Companies or our Service
Providers if you choose to opt out, in writing. To opt out, please use the form entitled "Request Not to Share Nonpublic Personal
Information ", which is attached hereto. This form provides instructions on how to request us not to share information with third
parties.
Please be aware that Orange Coast Title Company of Southern California - Los Angeles Division and its Affiliated Companies
maintain high standards to safeguard nonpublic, personal information, and do not rent or sell such information. Please note, however,
that unless you opt out in writing, our Affiliated Companies and Service Providers will have access to the information in our files.
Other Important Information
We reserve the right to modify or supplement this Privacy Policy at any time. If our Privacy Policy changes, we will provide the new
Privacy Policy and the ability to opt out (as required by law) before the new policy becomes effective.
Page 15
21s
Order No. 305 - 1282773 -01
REQUEST NOT TO SHARE NONPUBLIC PERSONAL INFORMATION
Please read the following information carefully.
Orange Coast Title Company of Southern California - Los Angeles Division may share nonpublic, personal information we collect
about you within our family of companies (our "Affiliated Companies "). We may also provide this information to companies that
perform marketing or other services on our behalf, or on behalf of our Affiliated Companies ( "Service Providers "). By sharing this
information, we can better understand your service needs. We can then send you notification of new products and services offered by
Orange Coast Title Company of Southern California - Los Angeles Division, its Affiliated Companies or its Service Providers that you
may not otherwise know about.
However, you may prohibit the sharing of non- public personal information within our Affiliated Companies, or with any third parties
at any time. If you would like to limit disclosures of non - public, personal information about you as described herein, please check the
appropriate box or boxes to indicate your privacy choices, and return this form to us at the address below.
Please do not share personal information about me with non - affiliated third parties.
Please do not share personal information about me with any of your Affiliated
Companies except as necessary to effect, administer, process, service or enforce a
transaction requested or authorized by me.
Please do not contact me with offers of products or services by mail.
Please do not contact me with offers of products or services by e -mail.
Please do not contact me with offers of products or services by telephone.
Name Company Name
Address Address
City, State, Zip City, State, Zip
Phone Number Phone Number
E -mail address E -mail address
Orange Coast Title Company of Southern California - Los Angeles Division
640 N. Tustin Ave, Suite 106
Santa Ana, CA 92705
714 -558 -2836
Page 16
114
Order No. 305 - 1282773 -01
CERTIFICATION OF TRUST
PURSUANT TO CALIFORNIA PROBATE CODE SECTION 18100.5
I (We),
trustee(s) confirm the following facts:
1. The
in existence and was created on
2. The settler(s) of the trust are as follows:
3. The currently acting trustee(s) of the trust is (are):
(Name of Trust) is currently
_ (Date of Creation of Trust).
4. The power of the trustee(s) includes:
(a) The powers to sell, convey and exchange [ ] YES [ ] NO (check one)
(b) The powers to borrow money and encumber the trust property with a deed of trust or mortgage
[ ] YES [ ] NO (check one)
5. The trust is: (check the applicable box)
(a) revocable[ ];
(b) irrevocable [ ] and the following party (ies), if any, is (are) identified as having the power to
revoke the trust:
6. The trust: (check the applicable box)
(a) does have multiple trustees [ ];
(b) does not have multiple trustees [ ]; If the trust has multiple trustees, the signatures of all the
trustees or of any of the trustees is required to exercise the powers of the trust.
7. The trust identification number is as follows: (Social Security No. /Employee ID)
8. Title to trust assets shall be taken in the following fashion:
The undersigned trustee(s) hereby declare(s) that the trust has not been revoked, modified, or amended in any manner,
which would cause the representations, contained herein to be incorrect. The certification is being signed by all currently
acting trustee(s) and is being executed in conformity with the provision of California Probate Code Section 18100.5,
Chapter 530, Statutes of 1993.
Document Date:
by:
State of California
County of
On
personally appeared
} S.S.
before me,
by:
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity (ies), and that by
his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed this
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:
(Notary Seat)
1115
L�
November 1, 2011
City of Newport Beach
Attn: Wes Wittmeyer
3300 Newport Blvd
Newport Beach, CA 92658
Order No. 305 - 1282773 -01
Orange Coast Title Company of Southern
California - Los Angeles Division
640 N. Tustin Ave, Suite 106
Santa Ana, CA 92705
714 -558 -2836
Congratulations on your recent listing. On behalf of Orange Coast Title Company of Southern California - Los
Angeles Division, I would like to take this opportunity to thank you for allowing us to provide you with the
attached report.
To offer the best service you and your client deserve, please reference the order number below when an offer
has been accepted and you are ready to open escrow:
305- 1282773 -01
Should you need anything, please do not hesitate to contact me at:
��� R
e r
John Fernando, Title Officer
Ph: 800-281-0887
Email: john£ @octitle.com
Fax: 714-822-3223
110
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City Council
Attachment 5
Exhibit "B" Orange County Public Works
Right -of -Way Engineering
119
120
GRADING NOTES
1, ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE GRADING CODE OF THE CITY OF NEWPORT BEACH AND ANY
SPECIAL REQUIREMENTS OF THE PERMIT.
2. GRADING SHALL NOT BE STARTED WITHOUT FIRST NOTIFYING THE CITY PUBLIC WORKS INSPECTOR. A PRE = GRADING
MEETING ON THE SITE IS REQUIRED BEFORE START OF GRADING WITH THE FOLLOWING PEOPLE PRESENT: OWNER,
GRADING CONTRACTOR, DESIGN CIVIL ENGINEER, SOILS ENGINEER, ENGINEERING GEOLOGIST, CITY PUBLIC WORKS
INSPECTOR AND WHEN REQUIRED THE ARCHAEOLOGIST AND PALEONTOLOGIST. THE REQUIRED INSPECTIONS FOR
GRADING WILL EXPLAINED AT THIS MEETING.
3. ISSUANCE OF A CITY PERMIT DOES NOT ELIMINATE THE NEED FOR PERMITS FROM OTHER AGENCIES WITH
REGULATORY RESPIONSIBILITIES FOR CONSTRUCTION ACTIVITIES ASSOCIATED WITH THE WORK AUTHORIZED ON THIS
PLAN.
4. THE CITY PERMIT AND AN APPROVED COPY OF THE GRADING PLAN SHALL BE ON THE PERMITTED SITE WHILE WORK IS
IN PROGRESS.
5. PRELIMINARY SOIL AND GEOLOGY REPORTS AND ALL SUBSEQUENT REPORTS AS APPROVED BY THE CITY OF
NEWPORT BEACH ARE CONSIDERED A PART OF THE APPROVED GRADING PLAN.
6. THE SOIL ENGINEER AND ENGINEERING GEOLOGIST SHALL PERFORM SUFFICIENT INSPECTIONS AND BE AVAILABLE
DURING GRADING AND CONSTRUCTION TO VERIFY COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND THE CODE WITHIN
THEIR PURVIEW.
7. THE CIVIL ENGINEER SHALL BE AVAILABLE DURING GRADING TO VERIFY COMPLIANCE WITH THE PLANS,
SPECIFICATIONS, CODE AND ANY SPECIAL CONDITIONS OF THE PERMIT WITHIN THEIR PURVIEW.
8. AREAS TO RECEIVE FILL SHALL BE PROPERLY PREPARED AND APPROVED IN WRITING BY THE SOIL ENGINEER AND THE
BUILDING OFFICIAL PRIOR TO PLACING FILL.
9. ALL EXISTING FILLS SHALL BE APPROVED BY THE CITY OR REMOVED PRIOR TO PLACING ADDITIONAL FILLS
10. FILLS SHALL BE COMPACTED THROUGHOUT TO A MINIMUM OF 90% RELATIVE COMPACTION, AGGREGATE BASE FOR
ASPHALTIC AREAS SHALL BE COMPACTED TO A MINIMUM OF 95% RELATIVE COMPACTION. MAXIMUM DENSITY SHALL BE
DETERMINED BY UNIFORM BUILDING CODE STANDARD NO. 70-1 OR APPROVED EQUIVALENT AND FIELD DENSITY BY
UNIFORM BUILDING CODE STANDARD NO. 70-2 OR APPROVED EQUAL.
11. CUT AND FILL SLOPES SHALL BE NO STEEPER THAN 2 FOOT HORIZONTAL TO 1 FOOT VERTICAL (2:1) EXCEPT WHERE
SPECIFICALLY APPROVED OTHERWISE
12, ALL TRENCH BACKFILLS SHALL BE TESTED AND APPROVED BY THE SOIL ENGINEER PER THE GRADING CODE.
13. STOCKPILING OF EXCESS MATERIAL SHALL BE APPROVED BY THE CITY PRIOR TO EXCAVATION.
14. EXPORT SOIL MUST BE TRANSPRTED TO A LEGAL DUMP OR TO A PERMITTED SITE APPROVED BY THE DISTRICT
GRADING SINSPECTOR.
15. THE PERMIUTTEE SHALL COMPLY WITH THE GRADING CODE REQUIREMENTS FOR HAUL ROUTES WHEN AN EXCESS OF
5,000 CUBIC YARDS OF EARTH IS TRANSPORTED TO OR FROM A PERMITTED SITE ON PUBLIC ROADWAYS.
16. THE PERMITTEE IS RESPONSIBLE FOR DUST CONTROL MEASURES.
17. THE PERMITTEE SHALL GIVE REASONABLE NOTICE TO THE OWNER OF ADJOINING LANDS AND BUILDINGS PRIOR TO
BEGINNING EXCAVATIONS WHICH MAY AFFECT THE LATERAL AND SUBJACENT SUPPORT OF THE ADJOINING PROPERTY.
THE NOTICE SHALL STATE THE INTENDED DEPTH OF THE EXCAVATION AND WHEN THE EXCAVATION WILL COMMENCE. THE
ADJOINING OWNER SHALL BE ALLOWED AT LEAST 30 DAYS AND REASONABLE ACCESS ON THE PERMITTED TO PROTECT
HIS STRUCTURE, IF HE SO DESIRES, UNLESS OTHERWISE PROTECTED BY LAW.
18. ALL EXISTING DRAINAGE COURSES THROUGH THIS SITE SHALL REMAIN OPEN UNTIL FACILITIES TO HANDLE
STORMWATER ARE APPROVED AND FUNCTIONAL; HOWEVER, IN ANY CASE, THE PERMITTEE SHALL BE HELD LIABLE FOR
ANY DAMAGE DUE TO OBSTRUCTING NATURAL DRAINAGE PATTERNS.
19. ALL CONCRETE SHALL BE 560-C -3250
20. SANITARY FACILITIES SHALL BE MAINTAINED ON THE SITE.
21. THE LOCATION AND PROTECTION OF ALL UTILITIES IS THE RESPONSIBILITY OF THE PERMITTEE. APPROVED
PROTECTIVE MEASURES AND TEMPORARY DRAINAGE PROVISIONS SHALL VE USED TO PROTECT ADJOINING
PROPERTIES DURING GRADING.
22. APROVED PROTECTIVE MEASURES AND TEMPORARY DRAINAGE PROVISIONS SHALL BE USED TO PROTECT
ADJOINING PROPERTIES DURING GRADING.
23. GRADING OPERATIONS INCLUDING MAINTENANCE OF EQUIPMENT WITHIN ONE -HALF MILE OF A HUMAN
OCCUPANCY SHALL NOT BE CONDUCTED BETWEEN THE HOURS OF 8 P.M. AND 7 A.M. DAILY, ON SUNDAY OR ON A
FEDERAL HOLIDAY.
(A) ALL CONSTRUCTION VEHICLES OR EQUIPMENT, FIXED OR MOBILE, OPERATED WITHIN 1,000 FEET OF
A DWELLING SHALL BE EQUIPPED WITH PROPERLY OPERATING AND MAINTAINED MUFFLERS.
(B) ALL OPERATIONS SHALL COMPLY WITH ORANGE COUNTY CODIFIED ORDINANCE, DIVISION 6
(NOISE CONTROL).
(C) STOCKPILING AND /OR VEHICLE STAGING AREAS SHALL BE LOCATED AS FAR AS PRACTICABLE FROM
DWELLINGS AND WITHIN THE LIMITS OF THE GRADING PERMIT.
24. GRADING AND EXCAVATION SHALL BE HALTED DURING OF HIGH WIND, ACCORDING TO AQMD MEASURE F-4, HIGH
WINDS ARE DEFINED AS 30 MPH OR GREATER. THIS LEVEL OCCURS ONLY UNDER UNUSUALLY EXTREME CONDITIONS,
SUCH AS SANTA ANA WIND CONDITIONS.
25. ASPHALT CONCRETE SHALL BE CONSTRUCTED PER THE REQUIREMENTS OF SECTON 302 -5 OF THE GREENBOOK
STD. SPECIFICATIONS FOR PUBLIC WORKS.
26. AGGREGATE BASE SECTION SHAL BE CONSTRUCTED PER SECTION 200 -2.2 OF THE GREENBOOK STD.
SPECIFICATIONS FOR PUBLIC WORKS.
27. THE CIVIL ENGINEER AS CONDITION OF ROUGH GRADE APPROVAL, SHALL PROVIDE A BLUE TOP WITH
ACCOMPANYING WITNESS STAKE, SET AT THE CENTER OF EACH PAD REFLECTING THE PAD ELEVATION FOR PRECISE
PERMINTS AND A BLUE TOP WITH WITNESS STAKE SET AT THE DRAINAGE SWALE REFLECTING THE HIGH POINT
ELEVATION FOR PRELIMINARY PERMITS.
28. PRIOR TO FINAL APPROVAL, THE CIVIL ENGINEER SHALL CERTIFY TO THE CITY THE AMOUNT OF EARTH MOVED
DURING THE GRADING OPERATION.
29. THE ENGINEERING GEOLOGIST SHALL PERFORM PERIODIC INSPECTIONS AND SUBMIT A COMPLETE REPORT AND
MAP UPON COMPLETION OF THE ROUGH GRADING.
30. THE GRADING CONTRACTOR SHALL SUBMIT A STATEMENT OF COMPLIANCE TOTHE APPROVED GRADING PLAN
PRIOR TO FINAL APPROVAL.
31. THE COMPACTION REPORT AND APPROVAL FROM THE SOIL ENGINEER SHALL INDICATE THE TYPE OF FIELD
TESTING PERFORMED. THE METHOD OF OBTAINING THE IN -PLACE DENSITY SHALL BE IDENTIFIED WHETHER SAND
CONE, DRIVE RING OR NUCLEAR, AND SHALL BE NOTED FOR EACH TEST. SUFFICIENT MAXIMUM DENSITY
DETERMINATIONS SHALL BE PERFORMED TO VERIFY THE ACCURACY OF THE MAXIMUM DENSITY CURVES USED BY THE
FIELD TECHNICIAN.
32. IN THE EVENT THAT SOIL CONTAMINATION IS DISCOVERED DURING EXCAVATION AND REMOVAL OF AN EXISTING
TANK, WORK SHALL BE. STOPPED UNTIL A SITE ASSESSMENT AND MITIGATION PLAN HAS BEEN PREPARED, SUBMITTED
AND APPROVED BY HCA/ENVIRONMENTAL HEALTH AND PDSD /GRADING.
33. ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THESE PLANS THE CITY'S STANDARD SPECIAL
PROVISIONS AND STANDARD DRAWINGS AND STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
( GREENBOOK, 2003 ED.)
Underground Service Alert
CALL: TOLL FREE
1-800-3224133
TWO WORKING DAYS BEFORE YOU DIG
REVISION
a �y�
EROSION CONTROL
46, IN CASE OF AN EMERGENCY CALL PUBLIC WORKS AT PHONED (949) 644 -3311
47. EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHALL BE MADE AVAILABLE AT ALL TIMES DURING
THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCIPILED AT
CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTION OF TEMPORARY DEVICES WHEN RAIN IS
IMMINENT.
48. EROSION CONTROL DEVICES SHALL NOT BE MOVED OR MODIFIED WITHOUT THE APPROVAL OF THE
BUILDING OFFICIAL. i
49. ALL REMOVABLE EROSION PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING
DAY WHEN THE 5 -DAY P OBABILITY FORECAST EXCEEDS 40 %.
50. AFTER A RAINSTOR ALL SILT AND DEBRIS SHALL BE REMOVED FROM STREETS, CHECK BERMS AND
BASINS.
I
51. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF SLOPES
AT THE CONCLUSION OFI EACH WORKING DAY. DRAINAGE IS TO BE DIRECTED TOWARD DESILTING
FACILITIES.
52, THE PERMITTEE AND CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY
PRECAUTIONS TO PREY NT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A
HAZARDOUS CONDITION
53. THE PERMITTEE AND CONTRACTOR SHALL INSPECT THE EROSION CONTROL WORK AND INSURE THAT
THE WORK IS IN ACCORDANCE WITH THE APPROVED PLANS.
ENVIRONMENTAL NOTES
54. THE PERMITTEE SHALL NOTIFY ALL GENERAL CONTRACTORS, SUBCONTRACTORS, MATERIAL SUPPLIERS, LESSEES,
AND PROPERTY OWNERS THAT DUMPING OF CHEMICALS INTO THE STORM DRAIN SYSTEM OR THE WATERSHED IS
PROHIBITED.
55. PERMITTEE SHALL MAINTAIN CONSTRUCTION SITE IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT
CARRY WASTES OR POLLUTANTS OFF THE SITE. POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOLID OR
LIQUID CHEMICAL SPILLS; WASTES FROM PAINTS, STAINS SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WORK
PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS,
LUBRICANTS, AND HYDRAULIC RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLEIEQUIPMENT WASH WATER AND
CONCRETE WASH WEATER; CONCRETE, DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINEIEQUIPMENT
STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHINGS.
DURING CONSTRUCTION, PERMITTEE SHALL DISPOSE OF SUCH MATERIALS IN A SPECIFIED AND CONTROLLED
TEMPORARY AREA ON -SITE, PHYSICALLY SEPARATED FROM POTENTIAL STORMWATER RUNOFF. WITH ULTIMATE
DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
56. PERMITTEE MAY DISCHARGE MATERIAL OTHER THAN STORMWATER ONLY WHEN NECESSARY FOR PERFORMANCE
AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT CAUSE OR CONTRIBUTE TO A VIOLATION
OF ANY WATER QUALITY STANDARD; CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; OR
CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITIY REPORTABLE UNDER FEDERAL REGULATIONS 40 CFR PARTS 117
AND 302.
57. DEWATERING OF CONTAMINATED GROUNDWATER, OR DISCARGING CONTAMINATED SOILS VIA SURFACE EROSION
IS PROHIBITED. DEWATERING OF NON- CONTAMINATED GROUNDWATER REQUIRES A NATUIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY CONTROL BOARD.
5B SPECIAL NOTE
"SURVEY MONUMENTS SHALL BE PRESERVED AND REFERENCED BEFORE CONSTRUCTION AND REPLACED AFTER
CONSTRUCTION PURSUANT TO SECTION 8771 OF THE BUSINESS AND PROFESSIONS CODE"
LEGAL DESCRIPTION:
A.P. # 439- 061 -03
EARTHWORK QUANTITIES
CUT ---VOLUME ONLY - 50 C.Y.
FILL ---VOLUME ONLY -- 45 C.Y.
EARTHWORK QUANTITIES ARE FOR COUNTY
AND /OR CITY PLAN CHECK PURPOSES ONLY.
EASTERLY CORNER OF A 7 FOOT CATCH
BASIN WCATED ON MESA DRIVE AT THE
PROLONGATION OF THE CENTER -LINE
Or- BIRCH STREET.
ELEV. = 39.60
SOILS ENGINEER:
IAl m S. mi -mm7,m P, ImC
1461 REGATTA ROAD
LAGUNA BEACH, CA. 92651
(949)494 -8114
PRIVATE ENGINEER'S NOTICE TO CONTRACTOR
THE CONTRACTOR SHALL VERIFY LOCATION AND ELEVATION OF EXISTING UTILITIES PRIOR TO THE
START OF CONSTRUCTION, THE CONTRACTOR ASSUMES THE LIABILITY AND RESPONSIBILITY FOR THE
PROTECTION OF THE UTILITY PIPES, CONDUITS OR STRUCTURES, SHOWN OR NOT SHOWN ON THESE
PLANS.
THE CIVIL ENGINEER SHALL NOT BE RESPONSIBLE IN ANY WAY FOR THE CONTRACTORS' AND
SUBCONTRACTORS' COMPLIANCE WITH "OCCUPATIONAL SAFETY AND HEALTH REGULATIONS" OFTHE U.S.
DEPARTMENT OF INDUSTRIAL RELATIONS "CONSTRUCTION SAFETY ORDERS ".
CONTRACTOR FURTHER AGREES THAT HE SHALL ASSUMESOLE AND COMPLETE RESPONSIBILITY FOR
JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY
OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE
LIMITED TO NORMAL WORKING HOURS, AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND
HOLD THE OWNER, THE CITY AND /OR COUNTY, AND THE CIVIL ENGINEER HARMLESS FROM ANY AND ALL
LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT,
EXCEPTING FOR LIABILITY ARISING FROM THE SOLE NIGLIGENCE OF THE OWNER OR THE ENGINEER.
THE EARTHWORK QUANTITIES SHOWN ON THESE PLANS ARE FOR CITY AND /OR COUNTY PLAN CHECK
PURPOSES AND THE CONTRACTOR PRIOR TO SIGNING ANY CONTRACT SHALL DO HIS OWN EARTHWORK
QUANTITIES ESTIMATE.
BASIS OF BEARINGS
THE CENTERLINE OF PJIESA DRIVE BEARING
N49 °22'19 "W, AS SHOWN ON RECORD OF
SURVEY 93 -1026, BI(. 146, PG. 2, R.S.
PREPARED FOR:
RICO-IAR® MORIAG'�TY
2128 MESA DRIVE
NEWPORT BEACH, CA. 92660
(949) 400 -9463
PREPARED BY:
JRV E-MIGOMEEIvNIG, WC.
2021 E. FOURTH STREET, SUITE 209
TUSTIN, CA. 92780
(714) 734 -0728 FXA714) 734 -0758
- ��- 3 - 0 9
R.C.E. 29801 DATE
�LF
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
F
(NTS)
1. IN THE CASE OF EMERGENCY, CALL RICHARD MORIARTY Ca? TELEPHONE NUMBER (949) 400 -9463
2. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHLL BE RETAINED ON SITE USING STRUCTURAL
CONTROLS TO THE MAXIMUM EXTENT PRACTICABLE.
3. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE
SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING,
OR WIND.
4. APPROPRIATE BMP'S FOR CONSTRUCTEO- RELATED MATERIALS, WASTES, SPILLS SHALL BE IMPLEMENTED
TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTIES
BY WIND OR RUNOFF.
5. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES
UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT AND OTHER POLLUTANTS.
6. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OR THE
REQUIRED BEST MANAGEMENT PRACTICES AND GOOOD HOUSREKEEPING MEASURES FOR THE PROJECT
SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
7. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY ALL CONSTRUCTION DEBRIS AND WASTE
MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS.
B. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES
NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORM -
WATER ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES
AND WHERE THEY DO NOT: CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD;
CAUSE OR THREATEN TO CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE;
OR CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS
40 CFR PARTS 117 AND 302.
9: POTENTIAL POLLUTANTS INCLUDE BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS; WASTES
FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD, PRESERVATIVES AND
SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND
HYDRAULIC RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLEIEQUIPMENT WASH WATER AND
CONCRETE WASH WATER; CONCRETE, DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY
ENGINE/EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE
WATER LINE FLUSHING.
DURING CONSTRUCTION, PERMITTEE SHALL DISPOSE OF SUCH MATERIALS IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON -SITE, PHYSICALLY SEPARATED FROM POTENTIAL STORM -
WATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL
REQUIREMENTS.
10. DEWATERING OF CONTAMINATED GROUNDWATER, OR DISCHARGING CONTAMINATED SOILS VIA
SURFACE EROSION IS PROHIBITED. DEWATERING OF NON- CONTAMINATED GROUNDWATER REQUIRES
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT FROM THE RESPECTIVE STATE
REGIONAL WATER QUALITY CONTROL BOARD.
11. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF
SLOPES AT THE CONCLUSION OF EACH WORKING DAY. DRAINAGE IS TO BE DIRECTED TOWARD
DESILTING FACILITIES.
12. THE PERMITTEE AND CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE NECESSARY
PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A
HAZARDOUS CONDITION.
13. THE PERMITTEE AND CONTRACTOR SHALL INSPECT THE EROSION CONTROL WORK AND INSURE THAT
THE WORK IS IN ACCORDANCE WITH THE APPROVED PLAN.
14. THE PERMITTEE SHALL NOTIFY ALL GENERAL CONTRACTORS, SUBCONTRACTORS, MATERIAL
SUPPLIERS, LESSEES, AND PROPERTY OWNERS: THAT DUMPING OF CHECICALS INTO THE STORM
DRAIN SYSTEM OR THE WATERSHED IS PROHIBITED.
15. EQUIPMENT AND WORKERS FOR EMERGENCY WORK SHAL BE MADE AVAILABLE AT ALL TIMES DURING
THE RAINY SEASON. NECESSARY MATERIALS SHALL BE AVAILABLE ON SITE AND STOCKPILED AT
CONVENIENT LOCATIONS TO FACILITATE RAPID CONSTRUCTEO OF TEMPORARY DEVICES WHEN RAIN
IS IMMINENT.
16. ALL REMOVABLE EROSION PROTECTIVE DEVICES SHALL BE IN PLACE AT THE END OF EACH WORKING
DAY WHEN THE 5 -DAY PROBABILITY FORECAST EXCEEDS 40 %.
CITY Y OE NEIMPORT BEACH
PUBLIC TJ'ORI'aS DEPARTMENT
R.C.E.06106
DATE
�9m (DOI m®435
PRECISE GRADING PLAM
ACCESS ROAD
2128 MESA DRIVE, NEWPORT BEACH
1.
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-- - - - — - — - -- - - -- - -- _S - -- — 40
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AND UTILITY PURPOSES EXIST. 36" STORM
DRAIN EXIST. S.D. MH
\1 v ADJUST TO GRADE I U
_ �, A =11 011'12" Cd 1 h
N R= 509.00' / EXIST. CHAIN
C4�1 L= 99.38' / �`! LINK FENCE o I m !I
3 r7a V A =13° M 4 * I ,I
16
BROCKMAN
PROPERTY
EXIST. C.L. FENCE
TO REMAIN
EXIST. GROUND)
_ C.H i7. 4. 0" X81 R =500.00' y / .r TO REMAIN o I� p p r�
T.C.y, 2 °' L= 120.52' > -�.�- idxl�7'41 "E �0�2�' ' ' '� �, I �11i ��lL' OF; I ' C If�IJ 37
AD 2b. 1st i T N40 °3741 "E - —
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l.Ind.m-ground Service !-'alert
CALL: TOLL FREE
1-000-119-2-11133
TWO WORKIvIG DAYS BEFORE YOU DIG
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PREPARED BY:
P�'EPAF =D FOR•
I NO. I DATE I DESCRIPTION I
REVISIONS
RBC :- -h'1RID MOMAIR T Y
2128 MESA DRIVE
NEWPORT BEACH, CA. 92660
(949) 400 -9463
JRVEHGI IN, YI ER iNGIIIHC.
2021 EAST FOURTH STREET, SUITE 209
SANTA ANA, CA. 92705
(714) 734-0728
'-e-� t2-b -09
JUSTO R. VILLAR, R.C.E. 29801 DATE
PROP. HORSE TRAIL PRIVATE ACCESS ROADWAY
BY CITY
r FINISH GRADE n
1%
AGGREGATE BASE-
TYPICAL ROAD SECTION
(NITS)
CONCRETE PAVER (80mm MIN. THI
6" x 12" CONC. HEADER
GEOTEXTILE
GOLF COU
II PROPERTI
I
EXIST. GROUND
TURN UP AT CONC. HEADER
ELEV. PER
PLAN
6" x 12" CONC. HEADER
8" MIN.
V
PAVER NOTES:
1. PAVING STONES SHALL BE PER ASTM C1272
2. AGGREGATE BASE AND FILTER FABRIC
SHALL BE PER ORANGE COUNTY STDS.
3. BEDDING SAND SHALL CONFORM TO
ASTM C33 OR CSA A 23.1
PAVER M27 A IL (NTS) n
CONS -1 RUC790N NIO T ES:
U CONST. 3" PAVER ON 1" -1 2" SAND OVER 8" A.B. PER DETAIL HEREON
O2 DELETED
OCONST. 1 FOOT WIDE CONCRETE BAND
O4 CONST. 6" x 12" CONCRETE HEADER
CITY OF NEWPORT BEACH
PUBLIC UVOPI'%S DEPARTMENT
-( IC WORKS DIRECTOR, R.C.E. 036106
DATE
PRECISE GRADING PLAN
ACCESS ROAD of
2128 MESA DRIVE, NEWPORT BEACH
\
'
1�
v
I NO. I DATE I DESCRIPTION I
REVISIONS
RBC :- -h'1RID MOMAIR T Y
2128 MESA DRIVE
NEWPORT BEACH, CA. 92660
(949) 400 -9463
JRVEHGI IN, YI ER iNGIIIHC.
2021 EAST FOURTH STREET, SUITE 209
SANTA ANA, CA. 92705
(714) 734-0728
'-e-� t2-b -09
JUSTO R. VILLAR, R.C.E. 29801 DATE
PROP. HORSE TRAIL PRIVATE ACCESS ROADWAY
BY CITY
r FINISH GRADE n
1%
AGGREGATE BASE-
TYPICAL ROAD SECTION
(NITS)
CONCRETE PAVER (80mm MIN. THI
6" x 12" CONC. HEADER
GEOTEXTILE
GOLF COU
II PROPERTI
I
EXIST. GROUND
TURN UP AT CONC. HEADER
ELEV. PER
PLAN
6" x 12" CONC. HEADER
8" MIN.
V
PAVER NOTES:
1. PAVING STONES SHALL BE PER ASTM C1272
2. AGGREGATE BASE AND FILTER FABRIC
SHALL BE PER ORANGE COUNTY STDS.
3. BEDDING SAND SHALL CONFORM TO
ASTM C33 OR CSA A 23.1
PAVER M27 A IL (NTS) n
CONS -1 RUC790N NIO T ES:
U CONST. 3" PAVER ON 1" -1 2" SAND OVER 8" A.B. PER DETAIL HEREON
O2 DELETED
OCONST. 1 FOOT WIDE CONCRETE BAND
O4 CONST. 6" x 12" CONCRETE HEADER
CITY OF NEWPORT BEACH
PUBLIC UVOPI'%S DEPARTMENT
-( IC WORKS DIRECTOR, R.C.E. 036106
DATE
PRECISE GRADING PLAN
ACCESS ROAD of
2128 MESA DRIVE, NEWPORT BEACH
City Council Meeting, February 28, 2012
Birch Street Extension Acquisition
(PA2012=011)
Birch Street
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to 1 a
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Pum IN-
I. PAVING ST ONES SHALL BE PER PS Try 1272
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SHALL IBE PER ORANGE COUNTY STFDS,,
3. BEDDING SAIND SHALL CONFORM TO
ASTM C-33 OR GSA, A 211 �
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