HomeMy WebLinkAboutC-7676-3 - Offer of Dedication (Bayview Landing Open Space - Newport Dunes Entrance)C; G
PLEASE RECORD AND WHEN RECORDED RETURN TO:
City Clerk v9joq
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663-3884
WITH A CONFORMED COPY TO:
The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660
Attn: Brigid McMahon, Legal Dept.
Recorded in Official Records, Orange County
Torn Daly, Clerk -Recorder
111111111111111111111111111111111111111111111111111111111111111111111111111 NO FEE
200600029085610:31 am 05101106
21196001 35
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
(space above this line for recorder's use only)
IE SPT RECORDING REQUEST PER OFFER OF DEDICATION
GOVERNMENT CODE 6103 (Bayview Landing Open Space)
THIS OFFER OF DEDICATION ("Offer') is made as of
2006, by The Irvine Company LLC, a Delaware limited liability company, formerly The Irvine
Company, a Delaware corporation ("Offeror' in favor of the City of Newport Beach, a
California municipal corporation and chartered city ("City's, with reference to the following
facts:
RECITALS
A. OFFEROR is the owner of fee title to the real property located in the City
of Newport Beach, County of Orange, State of California, described on Exhibit A and depicted
on Exhibit B, commonly known as "Bayview Landing." Offeror proposes to develop the lower
portion of Bayview Landing (the "Lower Bayview Property") and to dedicate two parcels of
Bayview Landing for passive public park and open space purposes (the "Dedication Property").
The legal descriptions of the Lower Bayview Property and the Dedication Property are described
on Exhibit A and depicted on Exhibit B, and are collectively referred to herein as the "Bayview
Landing Property.'. Offeror's development of the Bayview Landing Property is referred to
herein as the "Bayview Landing Project."
B. The Bayview Landing Property is included in and governed by the
provisions of that certain Circulation Improvement and Open Space Agreement by and between
City and Offeror's predecessor in interest, The Irvine Company, a Michigan corporation,
recorded as Instrument No. 93-0479122 in the Official Records of Orange County, California
("Official Records") on July 19, 1993 (the "CIOSA').
C. The conditions to the final map originally filed for the Bayview Landing
Property (the "Map Conditions") required that Offeror dedicate to City the Dedication Property
for open space purposes consistent with the terms and provisions of CIOSA and the Planned
Community District Regulations contained in City Council Ordinance No. 92-38 adopted by the
City Council of City on September 28, 1992. The dedicated land consisted of Parcels A and B of
30209-0055\347088.5 4/4/06 1
0
Parcel Map 95-37, and Offeror previously submitted to City an Offer of Dedication for such land
in 1998 (the "Original Offer") consistent with the requirements of CIOSA. The Original Offer
was never recorded. City never accepted fee title to land offered in the Original Offer, and the
Original Offer has expired by its own terms.
D. Offeror desires to comply with the map conditions affecting the Bayview
Landing Property by resubmitting an offer of dedication for the Dedication Property. However,
due to events occurring after the expiration of the Original Offer, changes to the form and
content of the offer of dedication for the Dedication Property are required. First, the description
of Parcel A contained in the Original Offer has been changed pursuant to Lot Line Adjustment
No. LA2003-011, recorded on March 19, 2004 as Instrument No. 2004000225274 in the Official
Records (the "Lot Line Adjustment"). Second, the California Coastal Commission ("CCC") has
imposed conditions in its Notice of Intent to Issue Permit (the "Permit Conditions") regarding
the development of the Bayview Landing Project and the form and content of the offer of
dedication for the Dedication Property. The Permit Conditions have been memorialized in a
Deed Restriction that was recorded on May 21, 2004 as Instrument No. 2004000457477 (the
"Deed Restriction") against all of the Bayview Landing Property, and this Offer (including but
not limited to all exceptions and reservations in favor of Offeror and the Covenants relating to
Offeree's use of the Dedication Property) is subject to the terms of the Deed Restriction. Third,
City and Offeror entered the "CIOSA Dedication Implementation Agreement" on March 8,
2004, which contains conditions relating to City's obligation to accept Offeror's offer of
dedication for the Dedication Property.
E. In order to satisfy the requirements of the various conditions and
agreements referenced above, Offeror now desires to dedicate the Dedication Property to City
and City desires to accept the Dedication Property subject to the terms and conditions of this
Offer.
OFFER TO DEDICATE
NOW, THEREFORE, FOR A VALUABLE CONSIDERATION, receipt of
which is hereby acknowledged, Offeror hereby irrevocably offers to dedicate the Dedication
Property to City, in fee, subject to the following terms and conditions:
1. TERMINATION OF ORIGINAL OFFER; SATISFACTION OF CIOSA
CONDITIONS
City and Offeror hereby confirm that (a) the Original Offer has terminated by its own
terms and is of no further force and effect, and this Offer contains all terms and conditions
regarding the dedication of the Dedication Property to City, and (b) the conditions contained in
the CIOSA Dedication Implementation Agreement relating to City's obligation to accept this
Offer have been satisfied.
2. EXCEPTIONS AND RESERVATIONS
The Dedication Property shall be accepted by City subject to the following exceptions
and reservations in favor of Offeror, its successors and assigns, together with the right (without
30209-0055\347088.5 4/4/06 2
the consent of City or any other owner of an interest in the Dedication Property) to grant and
transfer all or a portion of the same:
a. Oil and Minerals. Any and all oil, oil rights, minerals, mineral rights,
natural gas rights and other hydrocarbons by whatsoever name known, geothermal steam and all
products derived from any of the foregoing, that may be within or under the Dedication Property,
together with the perpetual right of drilling, mining, exploring and operating therefor and storing
in and removing the same from the Dedication Property or any other land, including the right to
whipstock or directionally drill and mine from lands other than the Dedication Property, oil or
gas wells, tunnels and shafts into, through or across the subsurface of the Dedication Property
and to bottom such whipstocked or directionally drilled wells, tunnels and shafts under and
beneath or beyond the exterior limits thereof, and to redrill, retunnel, equip, maintain, repair,
deepen and operate any such wells or mines; but without, however, the right to drill, mine, store,
explore or operate through the surface or the upper 500 feet of the subsurface of the Dedication
Property.
b. Water. Any and all water, water rights or interests therein, whether
surface or subsurface, appurtenant or relating to the Dedication Property, or owned or used by
Offeror in connection with the Dedication Property (no matter how acquired by Offeror),
whether such water rights shall be riparian, overlying, appropriative, littoral, percolating,
prescriptive, adjudicated, statutory or contractual, together with the right and power to explore,
drill, redrill and remove the same from or in the Dedication Property, to store the same beneath
the surface of the Dedication Property and to divert or otherwise utilize such water, rights or
interests on any other property owned or leased by Offeror; but without, however, any right to
enter upon or use the surface of the Dedication Property in the exercise of such rights.
C. Future Utilities. Non-exclusive easements in gross on, over, under and
across the Dedication Property for the installation, emplacement and maintenance of electric,
telephone, cable television, water, gas, sanitary sewer lines, drainage facilities, pump stations,
utility access roads, and/or any other utilities (collectively, "Utilities') as necessary in
connection with the development of the Lower Bayview Property or other property owned by
Offeror in the vicinity of the Dedication Property, which utility easements are collectively
referred to herein as the "Utility Easements," together with the right to enter upon the
Dedication Property (without unreasonably interfering with City's reasonable use and enjoyment
thereof) in order to service, maintain, repair, reconstruct, relocate or replace any of such facilities
or improvements.
d. Habitat Mitigation. Non-exclusive easements in gross on, over, under
and across the Dedication Property for the purpose of habitat preservation, replacement,
enhancement, creation and maintenance and other environmental mitigation purposes
(collectively, "Habitat Mitigation'), together with the right to enter on the Dedication Property
(without unreasonably interfering with City's reasonable use and enjoyment thereof) to perform
such Habitat Mitigation as may be legal and appropriate to mitigate for impacts incurred in
connection with development of other property owned by Offeror in Newport Beach, California.
e. Temporary Construction Access and Staging. Non-exclusive
easements on, over and across the Dedication Property in connection with construction access
30209-0055\347088.5 4/4/06 3
and staging related to the development of the Lower Bayview Property; provided, however, that
the reserved easements under this subsection shall expire at such time as the Notice of
Completion for the Lower Bayview Property is filed in the Official Records.
3. ADDITIONAL TERMS AND CONDITIONS.
The Property shall be accepted by City subject to the following:
A. Taxes and Assessments. General and special real property taxes and
supplemental assessments, if any, for the current fiscal year; provided, however, that Offeror
shall pay for (i) any such taxes and assessments applicable to the Dedication Property prior to the
date of recordation of this Offer, and (ii) any assessments, special taxes or other payments arising
from bonds, contracts, or liens created by, through or as a result of the efforts or activities of
Offeror;
B. Encumbrances. All exceptions to title contained in Preliminary Report No.
06712600 - 03, dated as of March 24, 2006, issued by Commonwealth Land Title Insurance
Company, a copy of which is attached hereto as Exhibit C, and any and all other covenants,
conditions, restrictions, reservations, rights, easements and other matters of record, apparent by
reasonable inspection or known to City;
C. Customary Title Exceptions. Usual and customary exceptions to title insurance
consistent with ALTA policies with Regional Exceptions (Standard Coverage) issued by
Commonwealth Land Title Insurance Company in Orange County, California;
D. Condition of Property. The requirement that City accepts the Dedication Property
(a) without any warranty concerning suitability for City's intended use of the Dedication
Property, and (b) without any warranty concerning the absence of hazardous or toxic materials.
City acknowledges that Offeror has not made any representations or warranties concerning the
condition of the Dedication Property except as expressly contained in this Offer.
E. Covenants. The following covenants, conditions and restrictions (collectively, the
"Covenants'), which shall remain in full force and effect for the period of time designated below
from and after the date of City's acceptance of this Offer, unless terminated or modified as
hereinafter provided. This conveyance of the Dedication Property is made by Offeror and
accepted by City upon and expressly subject to these Covenants. Upon the occurrence of any
breach or violation of any of such Covenants without being cured within the times provided
below, Offeror shall be entitled to avail itself of the remedies specified below. The Covenants
are hereby declared and agreed to be part of a general plan for the purpose of assuring the orderly
and harmonious development and operation of improvements on the Dedication Property and the
enhancement and protection of the value, desirability and attractiveness of certain property
owned by Offeror described on Exhibit "D" attached hereto (the "Benefitted Property'.
Offeror shall have the right by duly recorded amendment hereto or separately recorded
instrument, in each case executed only by Offeror, to unilaterally substitute for or add to the
Benefitted Property any real property in the County of Orange, California, which Offeror owns
as of the date of acceptance of this Offer and continues to own through and after the date of such
substitution or addition. The Covenants shall run with the Dedication Property and be binding
30209-0055\347088.5 4/4/06 4
upon any person or entity who acquires any right, title, or interest in or to any portion of the
Dedication Property and shall benefit the Benefitted Property and be enforceable by Offeror and
any Covenant Transferee (as defined below). It is intended that the dominant tenement shall be
all the Benefitted Property, and that the servient tenement shall be all the Dedication Property.
Every person or entity who now or hereafter owns or acquires any right, title or interest in or to
any portion of the Dedication Property is and shall be conclusively deemed to have consented
and agreed to every covenant, condition and restriction contained herein, whether or not any
reference to this instrument is contained in the instrument by which such person acquired an
interest in such Dedication Property.
i. Covenant 1: Use of Property. The Dedication Property shall be used as
a passive public park characterized by low intensity uses consistent with the intent and
purpose contained in the Planned Community District Regulations for "Park" uses
contained in City Ordinance No. 92-38, including but not limited to an asphalt bike path,
park benches, fencing and landscaping (the "Permitted Uses"). It is intended that the
physical nature of the park be a natural setting with unobtrusive additions and minimal
lighting (some low-level lighting may be allowed for security purposes). All
landscaping, coastal sage scrub restoration, irrigation and other practices related to
installation and/or maintenance of native and other plants within the Dedication Property
shall be performed consistent with the requirements of the Deed Restriction in favor of
the California Coastal Commission recorded against the Dedication Property. Nothing
contained herein shall preclude City from grading the Dedication Property to improve the
view of Newport Bay and its surrounding area from Pacific Coast Highway, subject to
compliance with the conditions of the Deed Restriction. Active recreation uses such as
community parks are not allowed. In no event shall City install or permit the installation
of any Cellular Tower(s) on the Dedication Property. For purposes of this Offer,
"Cellular Towers" shall mean any type of aerial or aboveground towers or facilities
related to cellular telephone services or the transmission of communications or
information. The Dedication Property shall not be sold, leased or used for any
commercial, office, retail commercial, industrial, or residential activities of any nature,
despite the fact that City or the Dedication Property may benefit from the proceeds,
profits, rent or other payment from or related to any such prohibited activity.
ii. Covenant 2: Review of Improvement Plans. With respect to any
improvements proposed to be constructed on, across, under or above the Dedication
Property by City, City shall (a) prior to the award of any design contract for the proposed
improvement, give Offeror thirty (30) days to review and comment on the proposed
improvements and design plan, and (b) after the design plans have been completed and
prior to award of the construction contract for such improvement, give Offeror sixty (60)
days' prior notice for review and comment regarding City's designed improvements.
After receipt of Offeror's comments for each stage of review, City shall give reasonable
consideration to any suggestions that Offeror provides to City regarding such proposed
improvements.
iii. Covenant 3: Maintenance and Repairs. City shall maintain the
Dedication Property in safe condition and in accordance with applicable laws, ordinances
30209-0055\347088.5 4/4/06 5
and regulations applicable to the Dedication Property, and shall keep the Dedication
Property in attractive condition, free from garbage and debris.
iv. Covenant 4: No Transfer of Property. City acknowledges that upon
acceptance of the Dedication Property, it shall not thereafter sell, lease, exchange or in
any other way transfer or convey all or any portion of its interest in the Dedication
Property to a third party without the prior written approval of Offeror, which may be
granted or withheld in Offeror's sole discretion; provided, however, that City may
(A) transfer an interest in any portion of the Dedication Property in connection with a
utility installation required in connection with City's permitted use of the Dedication
Property; (B) transfer any portion or all of the Dedication Property to another public
agency, maintenance district or non-profit corporation or entity that shall operate and
maintain such portion or all of the Dedication Property in accordance with the Permitted
Uses specified in this Offer; and (C) transfer any portion of the Dedication Property
acquired by another entity under the power of eminent domain.
V. Covenant 5: No Parking Facilities Requirement. City shall not require
Offeror to provide, directly or indirectly, any parking facilities for use of the Dedication
Property. Nothing contained in this Covenant 5 shall be deemed to relieve Offeror of its
obligations to provide parking spaces for the Lower Bayview Property as specified in the
Permit Conditions attached to the Deed Restriction.
4. MATTERS RELATED TO COVENANTS
A. Amendment. The Covenants may be amended only by mutual agreement of
Offeror, any Covenant Transferee and City. Any amendment must be recorded in the Official
Records.
B. Term. The Covenants shall run with and bind the Dedication Property and shall
inure to the benefit of and be enforceable by OFFEROR, its successors and assigns, in
perpetuity, unless OFFEROR records a declaration terminating the Covenants.
C. Default and Remedies. Because of the unique nature and scope of Offeror's
development of the Benefitted Property, as well as the amount of planning, effort and time
expended by Offeror in reliance upon the anticipated use of the Dedication Property and the
Benefitted Property, monetary damages will not provide an adequate remedy for the damage to
Offeror's planning efforts or development resulting from a breach of the Covenants. Therefore,
in the event of any breach, violation or failure to comply with any of the Covenants that has not
been cured within thirty (30) days after written notice from Offeror to do so (or if any such
breach, violation or failure cannot be fully cured within such thirty (30) day period, then upon
failure of City to commence such cure within such period and thereafter to diligently complete
such cure to Offeror's reasonable satisfaction), Offeror in its sole and absolute discretion may
enforce any other rights or remedies to which Offeror may be entitled by law or equity, other
than the remedy of damages. It is recognized that a violation by City of one or more of the
Covenants may cause Offeror to suffer material injury or damage not compensable in money and
that Offeror shall be entitled to bring an action in equity or otherwise for specific performance to
30209-0055\347088.5 4/4/06 6
enforce compliance with the Covenants or an injunction to enjoin the continuance of any such
breach or violation thereof.
D. Waiver. No waiver by Offeror of a breach of any of the Covenants and no delay
or failure to enforce any of the Covenants shall be construed or held to be a waiver of any
succeeding or preceding breach of the same or any other restrictions or conditions. No waiver of
any breach or failure of any of the Covenants shall be implied from any omission by Offeror to
take any action on account of such breach or failure if such breach or failure persists or is
repeated, and no express waiver shall affect a breach or failure other than as specified in said
waiver. The consent or approval by Offeror to or of any act by City requiring Offeror's consent
or approval shall not be deemed to waive or render unnecessary Offeror's consent or approval to
or of any subsequent similar acts by City.
E. Expiration of Covenants as to Transferred Parcels. In the event that any portion
of the Benefitted Property is conveyed by Offeror to a third party (each parcel of the Benefitted
Property so conveyed is hereinafter referred to as a "Transferred Parcel', the Covenants shall
cease to benefit the applicable Transferred Parcel(s) unless the deed to such Transferred Parcel(s)
from Offeror to the transferee or a separate recorded document executed by Offeror expressly
assigns to the transferee the benefits of the Covenants that run with the Transferred Parcel(s) by
specific reference to this Agreement (general references to appurtenances or rights related to the
acquired land will not suffice). Any owner of any Transferred Parcel(s) that has been so
assigned the ongoing benefit of the Covenants hereunder is referred to herein as a "Covenant
Transferee."
F. Cost of Enforcement. In the event any declaratory or other legal or equitable
action or proceeding shall be instituted between Offeror and City to enforce any provision of
these Covenants, the party prevailing in such action shall be entitled to recover, from the losing
party or parties, its costs and expenses (including, without limitation, court costs and reasonable
attorneys' fees).
5. MISCELLANEOUS
A. Effect of Acceptance. Approval as well as acceptance by City of this Offer shall
constitute City's agreement to be bound by all of the terms, conditions, restrictions, exclusions
and reservations included in this Offer.
B. Modification of Property Boundaries. In order to accommodate open space
management objectives, topographic characteristics of the Property, final road alignments,
adjacent development of the senior housing site, and other related matters, adjustments to the
Property boundaries may be made by Offeror after the review and approval of such adjustments
by City, which approval may not be unreasonably withheld provided that such adjustments are
consistent with the general purposes and intent of this Offer and that any approvals from other
governmental agencies with jurisdiction are obtained. Each of the parties shall cooperate with
each other and perform such acts as are necessary to give effect to such adjustments.
C. Notices. All notices, consents, demands, requests and other communications
provided herein shall be in writing and shall be deemed to have been duly given if and when
30209-0055\347088.5 4/4/06 7
personally served or 48 hours after being sent by United States registered mail, return receipt
requested, postage prepaid, to the other party at the following respective address:
If to Offeror: The Irvine Company LLC
550 Newport Center Drive
Newport Beach, CA 92660
Attn: General Counsel
If to City: City of Newport Beach
Public Works Department
3300 Newport Boulevard, (P.O. Box 1768)
Newport Beach, CA 92658-8915
Attn: City Engineer
and to: City of Newport Beach
City Attorney's Office
3300 Newport Boulevard, (P.O. Box 1768)
Newport Beach, CA 92658-8915
Attn: City Attorney
or at such other address as the Offeror or City may designate to the other in writing.
D. Captions. The captions used herein are for convenience only and are not a part of
this instrument and do not in any way limit or amplify the scope of intent of the terms and
provisions hereof.
E. Attachments. This Offer includes the following exhibits, which are attached
hereto and made a part hereof:
Exhibit A: Legal Descriptions of Dedication Property and Lower Bayview
Property
Exhibit B: Depiction of Dedication Property and Lower Bayview Property
Exhibit C: Preliminary Title Report on Dedication Property
Exhibit D: Description of Benefitted Property
F. Compliance with Law and Satisfaction of Obligations. This Offer is made
expressly upon the understanding that this Offer is in compliance with and fully satisfies all
lawful enactments and conditions of the City requiring an offer of dedication for the Dedication
Property in relation to the Bayview Landing Project. If it is determined by City or any court of
law or equity at any time following execution of this Offer that this Offer fails to meet that
understanding, then Offeror shall have the absolute right to declare this Offer void, and this Offer
shall thereafter have no further force and effect. In that event City shall, promptly after receipt
of Offeror's request, deliver to Offeror a recordable quitclaim of this Offer, which duty shall
survive Offeror's written election voiding this Offer.
30209-0055\347088.5 4/4/06 8
G. Binding Effect. Except as otherwise provided herein, all terms, conditions,
restrictions, exclusions and reservations of this Offer, and the acquisition of all or any portion of
the Dedication Property by City's acceptance thereof, shall be binding upon and inure to the
benefit of City and Offeror, and their respective successors and assigns.
forth above.
IN WITNESS WHEREOF, Offeror has executed this Offer as of the date first set
OFFEROR
THE IRVINE COMPANY LLC,
a Delaware limited liability company
By:
J e D is
Executive Vice President
By: W ;R
Mary Wes brook
Assistant Secretary
30209-0055\.347088.5 4/4/06 9
Certificate of Acceptance for Recordation by City of Newport Beach
City hereby consents to the recordation of this Offer and concurs that this Offer complies with
the requirements of the CIOSA and the map conditions regarding development of the Bayview
Landing Project. The City is also, at this time, accepting the property interest being offered by
this Offer.
Dated:
Approved as to form:
By:
obin Clauson,
City Attorney
ATTEST:
By: W—mm"Z.
Homer lud
City Manager
0; 1 W- Ut � -� - M. &10-�
City Clerk
30209-0055\347088.5 4/4/06 10
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On R pR 11- Lo , 2006, before me, l (f/22 b T. Nit, t\) , Notary
Public, personally appeared Joseph D. Davis and Mary Westbrook, personally known to me ex
r,ove',a to ,,,o o +iasis-ef satisf etefy eyidoiw to be the person(§) whose name Ware
subscribed to the within instrument and acknowledged to me that hw9ke/they executed the same
in Ai (her/their authorized capacity( es), and that by lii,�/hu/their signatures) on the instrument
the personal, or the entity upon behalf of which the personW acted, executed the instrument.
WITNESS my hand and official seal.
Notar u c ,
TERRY J. HALPERN
C Commla lon # 1429724
(SEAL) `m Notary PuWlo - Ca8lom10 f
My
MY Comm g� 2007
STATE OF CALIFORNIA
ss.
COUNTY OF ORANGE
On2006, before me, l &DWO, 7'�, Notary�,Qi1V�{i
Public, personally appeared Homer Bludau, personally known to me ";QAw4tQ mP i+*he
h��f ca sfiwtor-y o* Gla„^o to be the person* whose name(*) is/ar.e subscribed to the within
instrument and acknowledged to me that he4he44@�y executed the same in his/h*B*te+r
authorized capacity(4w4, and that by his/fir signature(P} on the instrument the person(-&.), or
the entity upon behalf of which the person( -acted, executed the instrument.
WITNESS my hand and official seal.
\ c
Notary ublic
URMLNOW
ft"Woom # 16rt.1+177 LERM I. BROWN
(SEAL) Commmon # 16W77
010 as COWAY
R 0 jM2&21 Notary PubNc - Capfomla
Orange County
161MVComm. Ex $M Jan 25, 201
30209-0055\347088.5 4/4/06 11
EXHIBIT "A"
LEGAL DESCRIPTIONS OF
DEDICATION PROPERTY AND LOWER BAYVIEW PROPERTY
The Bayview Landing Property consists of the following parcels of real property in the City of
Newport Beach, County of Orange, State of California:
Dedication Pro e�rty:
Parcel A as shown on Exhibit `B" attached to Lot Line Adjustment No. LA2003-011,
recorded March 19, 2004 as Instrument No. 2004000225274, of Official Records, in the
Office of the County Recorder of said County.
Parcel B of Parcel Map No. 95-137, as shown on a map filed in Book 305, Pages 30 and
31 of Parcel Maps, in the Office of the County Recorder of said County.
Lower Bayview Property:
Parcel 1 as shown on Exhibit `B" attached to Lot Line Adjustment No. LA2003-011,
recorded March 19, 2004 as Instrument No. 2004000225274, of Official Records, in the
Office of the County Recorder of said County.
Exhibit "A"
30209-0055\347088.5 4/4/06 Page 1 of 3
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EXHIBIT '••a••
CITY OF NEWPORT BEACH
LOT LINE ADJUSTMENT LA 2003-011
(MAP)
OWNERS EXISTING PARCELS PROPOSED PARCELS
AP NUMBERS REFERENCE NUMBER
THE. IRVINE: COMPANY, A DELAWARE CORPORATION
THE IRVINE COMPANY, A DELAWARE CORPORATION 440-132-5$ PARCEL A
440-132-57 PARC
SHEET 1 OF 2
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AS DESCRIBED ON THE ATTACHED
EXHIBIT "A" AND BY THIS REFERENCE
MADE A PART HEREOF.
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4RCEL MAP Na. 95-137 _ f DETAIL L20 534.4156-W
4GES 30 -& 31 OF PARCEL MAPS, .A. y� — ----
=CORDS OF ORANGE COUNTY. 'JA, XREfr�P.O.C.. L15
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Exhibit 'A"
Page 3 of 3
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DEPICTION OF BAYVIEW LANDING PROPERTY
xxe14�i7
DEDICATION PROPERTY
LOWER BAYVIEW PROPERTY
JAMBOREE ROAD
EXHIBIT "C"
PRELIMINARY TITLE REPORT FOR DEDICATION PROPERTY
30209-0055\347088.5 4/4/06
LandAmeriica
Commonwealth
Irvine Community Development Company
550 Newport Center Drive
Newport Beach, CA. 92660
Attn: Terry Halpern
Your Reference No: Bayview Landing
Commonwealth Land Title Company
28 Executive Park
Suite 300
Irvine, CA 92614
Phone: (949) 885-2800
Our File No: 06712600 - 03
Sr. Title Officer: Jim Prasch
Phone: (949) 885-2882
Fax: (949) 885-2976
e-mail: jprasch@landam.com
Property Address: Vacant Land, Newport Beach, California
PRELIMINARY REPORT
Dated as of March 24, 2006 at 7:30 a.m.
In response to the above referenced application for a policy of title insurance, Commonwealth Land
Title Company 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 Exclusion from the coverage of said Policy or Policies are set forth in
Exhibit B attached. Copies of the Policy forms should be read. They are available from the office
which issued this report.
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.
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 to the
condition of title and may not list all liens, defects, and encumbrances affecting title to the
land.
CLTA Preliminary Report (Rev. 1-1-95)
Page 1
File No: 06712600
SCHEDULE A
The form of policy of title insurance contemplated by this report is:
CLTA Standard Owners
ALTA Loan 1992
The estate or interest in the land hereinafter described or referred to covered by this report is:
A FEE
Title to said estate or interest at the date hereof is vested in:
The Irvine Company LLC, a Delaware limited liablity company
The land referred to herein is situated in the County of Orange, State of California, and is described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Page 2
File No: 06712600
EXHIBIT "A"
All that certain real property situated in the County of Orange, State of
California, described as follows:
PARCEL 1:
Parcel A as shown on Exhibit "'B" attached to Lot Line Adjustment No. LA 2003-
011, recorded March 19, 2004 as Instrument No. 2004000225274, of Official
Records.
PARCEL 2:
Parcel B of Parcel Map No. 95-137, as shown on a map filed in Book 305, pages
30 and 31 of Parcel Maps in the office of the County Recorder of said County.
Assessor's Parcel Number: 440-132-59 / 440-132-58
Page 3
File No: 06712600
SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in
said policy form would be as follows:
A. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, to be levied for the fiscal year 2006 - 2007 which are a lien
not yet payable.
B. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year 2005-2006
1st Installment: $57.94 Paid
2nd Installment: $57.94 This amount is valid until April 10, after which penalties
apply
Penalty (including cost): $15.79 Due with installment amount if paid after April 10
Exemption: $-0-
Code Area: 07-001
Assessment No.: 440-132-58
Said matter affects Parcel 1
C. Property taxes, including general and special taxes, personal property taxes, if any, and any
assessments collected with taxes, for the fiscal year 2005 - 2006.
1st Installment:
$No Tax Due
2nd Installment:
$No Tax Due
Exemption:
$_0_
Code Area:
07-001
Assessment No.:
440-132-59
Said matter affects Parcel 2
D. Supplemental or escaped assessments of property taxes, if any, assessed pursuant to the
Revenue and Taxation Code of the State of California.
E. The lien of any special assessment or tax resulting from the inclusion of the property in a
special assessment district or Mello -Roos Community Facilities District, which may exist by
virtue of assessment maps or notices filed and/or recorded by any such district. Assessments,
if any, arising from such assessment districts will be collected with the regular real property
taxes.
G. A Special Tax as disclosed by a "Notice of Special Tax Lien" pursuant to Government Code
Section 53328.3 and Streets and Highways Code Section 3114.5
Recorded: August 24, 1990 as Instrument No. 90-453226, Official Records
District Name: Newport -Mesa Unified School District Community Facility District No. 90-1
Said special tax may be collected with the property taxes.
Page 4
File No: 06712600
H. A Special Tax as disclosed by a "Notice of Special Tax Lien" pursuant to Government Code
Section 53328.3 and Streets and Highways Code Section 3114.5
Recorded: July 6, 1995 as Instrument No. 95-0288272, Official Records
District Name: City of Newport Beach Special Improvement District No. 95-1
Said special tax may be collected with the property taxes.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Southern California Edison Company, a corporation
Purpose: Public Utilities
Recorded: in book 318, page 90, of Deeds
Affects: that portion of said land as more particularly described therein
Said easement has been modified by instrument recorded in book 1845, page 120 of Official
Records.
1. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Dated: June 1, 1962
Lessor: The Irvine Company, a West Virginia Corporation
Lessee: Newport Dunes Inc., a California corporation
Term: as disclosed therein
Disclosed by: Lease Short Form Memorandum, recorded: August 30, 1962 in book 6233,
page 853, Official Records
No assurance is made as to the present ownership of the leasehold or matters affecting the
rights and interest of the lessor or lessee in said lease other than the following:
An agreement to amend or modify certain provisions of said lease, as set forth in the
document executed by
As Lessor: The Irvine Company, a Michigan Corporation
As Lessee: Newport Dunes Inc., a California corporation
Recorded: April 4, 1984 as Instrument No. 84-139149, Official Records
An agreement to amend or modify certain provisions of said lease, as set forth in the
document executed by
As Lessor: The Irvine Company, a Michigan Corporation
As Lessee: Newport Dunes Inc., a California corporation
Recorded: August 13, 1984 as Instrument No. 84-334010, Official Records
An agreement to amend or modify certain provisions of said lease, as set forth in the
document executed by
As Lessor: The Irvine Company, a Michigan Corporation
As Lessee: Newport Dunes Partnership, a California general partnership
Recorded: February 17, 1989 as Instrument No. 89-086691, Official Records
The Lessee's interest under said lease has been assigned to Newport Dunes Partnership, a
California general partnership by mesne assignments, the last of which recorded February 17,
1989 as Instrument No. 89-086689 of Official Records, reference is made to the record
Othereof for full particulars.
Page 5
File No: 06712600
An agreement to amend or modify certain provisions of said lease, as set forth in the
document executed by
As Lessor: The Irvine Company, a Delaware corporation
As Lessee: Newport Dunes Partnership, a California general partnership
Recorded: July 31, 2003 as Instrument No. 2003000920706, Official Records
Re-recorded: October 14, 2003 as Instrument No. 2003001253678, Official Records
A document subject to all the terms, provisions and conditions therein contained.
Entitled: Assignment, Assumption, Consent and Release Agreement
Dated: July 28, 2003
Executed by: The Irvine Company, a Delaware corporation; Newport Dunes Partnership, a
California general partnership; Waterfront Resort Properties L.P., a California
limited partnership; and Newport Dunes Marina LLC, a California limited
liability company
Recorded: July 31, 2003 as Instrument No. 2003000920707, Official Records
And re-recorded: October 14, 2003 as Instrument No. 2003001253679 of Official Records
1. An air or flight easement, sometimes referred to as avigation rights, affecting the air space
above a plane of 500 feet over said land, granted to the County of Orange by an instrument
recorded March 17, 1964 in book 6965, page 721, Official Records.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: County Sanitation District No. 5
Purpose: public sewer or sewers and appurtenances
Recorded: December 15, 1966 in book 8128, page 688, Official Records
Affects: that portion of said land as more particularly described therein
1. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Dated: June 5, 1968
Lessor: The Irvine Company, a West Virginia Corporation
Lessee: Shell Oil Company, a Delaware corporation
Disclosed by: Memorandum of Lease, recorded: July 8, 1968 in book 8661, page 677,
Official Records
The present ownership of the leasehold created by said lease and other matters affecting the
interest of the lessee are not shown herein.
1. An unrecorded sub -lease with certain terms, covenants, conditions and provisions set forth
therein.
Sub -Lessor: Newport Dunes Partnership, a California general partnership
Sub -Lessee: Charles A. Berry, DBA Resort Watersports
Disclosed by: Assignment of Rents and Sublease, recorded: February 17, 1989 as
Instrument No. 89-086693, Official Records
NOTE 1: The present ownership of the leasehold created by said lease and other matters
affecting the interest of the lessee are not shown herein.
Page 6
File No: 06712600
NOTE 2: A Subordination, NonDisturbance and Attornment Agreement and Tenant Estoppel
recorded June 30, 1992 as Instrument No. 92-442469, Official Records.
1. An unrecorded lease with certain terms, covenants, conditions and provisions set forth therein.
Lessor: Newport Dunes Partnership, a California general partnership
Lessee: G & M Marine, a California general partnership
Disclosed by: various instruments of record, recorded: none shown, Official Records
NOTE 1: The present ownership of the leasehold created by said lease and other matters
affecting the interest of the lessee are not shown herein.
NOTE 2: A Subordination, NonDisturbance and Attornment Agreement and Tenant Estoppel
recorded June 30, 1992 as Instrument No. 92-442468, Official Records.
1. An unrecorded sub -lease with certain terms, covenants, conditions and provisions set forth
therein.
Sub -Lessor: Newport Dunes Partnership, a California general partnership
Sub -Lessee: Charles A. Berry, DBA Resort Watersports
Disclosed by: Assignments of Rents and Subleases, recorded: February 17, 1989 as
Instrument No. 89-086693, Official Records
NOTE 1: The present ownership of the leasehold created by said lease and other matters
affecting the interest of the lessee are not shown herein.
1. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Southern California Edison Company
Purpose: underground and above ground electrical supply systems and communication
systems
Recorded: August 8, 1989 as Instrument No. 89-419630, Official Records
Affects: a portion of the land
1. A document subject to all the terms, provisions and conditions therein contained.
Entitled: Circulation Improvement and Open Space Agreement
Dated: June 30, 1993
Executed by: The City of Newport Beach, a municipal corporation and The Irvine Company,
a Michigan Corporation
Recorded: July 19, 1993 as Instrument No. 93-0479122, Official Records
Said agreement has been amended by a document recorded March 28, 1996 as Instrument
No. 19960151033, Official Records.
1. An easement for the purposes shown below and rights incidental thereto as shown or as
offered for dedication on the recorded map shown below
Map of:
Parcel Map No. 95-137
Recorded:
in book 305, page(s) 30 to 31, Miscellaneous Maps
Purpose:
sidewalk and waterline
Affects:
a portion of the land
The recital on said Parcel Map that Parcels A and B are not separate building sites.
Page 7
File No: 06712600
1. An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Orange County Sanitation District, a public corporation
Purpose: right of way to establish, construct and maintain for all times a public
sewer or sewers and appurtenances
Recorded: August 28, 2001, as Instrument No. 20010599327, of Official Records
Affects: a portion of the land
Reference is made to said document for full particulars.
An easement for the purpose shown below and rights incidental thereto as set forth in a
document
Granted to: Orange County Sanitation District, a public corporation
Purpose: sanitary sewer, pipe lines and appurtenances
Recorded: May 20, 2004, as Instrument No. 2004000454403 of Official Records
Affects: a portion of the land.
1. The matters contained in a document entitled "Deed Restriction (Bayview Landing)' by and
between The Irvine Company, a Delaware Corporation and California Coastal Commission
recorded May 21, 2004 as Instrument No. 2004000457477 of Official Records.
Reference is made to said document for full particulars.
Affects the herein -described land and other land.
An easement for the purpose shown below and rights incidental thereto as set forth in a
Document
Granted to: Orange County Sanitation District, a public corporation
Purpose: sewer pipe lines and appurtenances
Recorded: June 2, 2005 as Instrument No. 2005000423905 of Official Records
Affects: a portion of the land.
1. The effect of a map showing the herein described and other land recorded in Book 209, Pages
34 and 35 of Records of Survey maps of Orange County.
1. Any rights, interests or claims of the parties in possession of said land, including but not
limited to those based on an unrecorded agreement, contract or lease.
1. Water rights, claims or title to water, whether or not shown by the public records.
1. Matters which may be disclosed by an inspection or by a survey of said land that is satisfactory
to this Company, or by inquiry of the parties in possession thereof.
An inspection of said land has been ordered, which may result in additional exceptions.
END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH
FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
Page 8
File No: 06712600
REQUIREMENTS SECTION:
REQ NO. 1: The Company will require a certified copy of the Resolution of the Board of
Directors of the following corporation authorizing the transaction for which this Preliminary Report
was ordered.
Corporation: The Irvine Company, a Delaware corporation
REQ NO.2: The Company will require that the attached "Owner's Information Statement" be
completed by the owner of the estate described or referred to in Schedule A immediately prior to
the close of this transaction and be returned to us.
The purposes of the Owner's Information Statement is to provide the Company with certain
information that cannot necessarily be ascertained by making a physical inspection of the land.
Page 9
File No: 06712600
INFORMATIONAL NOTES SECTION
NOTE NO. 1: Privacy notice (15 U.S.C. 6801 and 16 CFR part 313):
We collect nonpublic personal information about you from information you provide on forms and
documents and from other people such as your lender, real estate agent, attorney, escrow, etc. We
do not disclose any nonpublic personal information about our customers or former customers to
anyone, except as permitted by law. We restrict access to nonpublic personal information about
you to those employees who need to know that information in order to provide products or services
to you. We maintain physical, electronic and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
NOTE NO. 2: The information on the attached plat is provided for your convenience as a guide to
the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a
part of any policy, report or guarantee to which it may be attached.
NOTE NO. 3: California insurance code section 12413.1 regulates the disbursement of escrow
and sub -escrow funds by title companies. The law requires that funds be deposited in the title
company escrow account and 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 check or teller's check drawn on a California based bank may be disbursed on the next
business day after the day of deposit. If funds are deposited with the company by other methods,
recording and/or disbursement may be delayed. All escrow and sub -escrow funds received by the
company will be deposited with other escrow funds in one or more non-interest bearing escrow
accounts of the company in a financial institution selected by the company. The 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 such 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
to such party, any benefit received by the company. Those benefits may include, without limitation,
credits allowed by such financial institution on loans to the company or its parent company and
earnings on investments made with 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.
WIRING INSTRUCTIONS FOR THIS OFFICE ARE:
Union Bank of California
445 South Figueroa Street
Los Angeles, CA 90071-1655
Phone (800) 218-6466
ABA #122-000-496
Credit To: Commonwealth Land Title Company - Orange County
Account #9100815033
RE: 06712600 - 201 - JIM
PLEASE INDICATE Commonwealth Land Title Company ESCROW OR TITLE ORDER
NUMBER
Page 10
File No: 06712600
NOTE NO. 4: The charges which the company will make for next day messenger services (i.e.
Federal Express, UPS, DHL, Airborne, Express mail, etc.) Are $15.00 per letter, standard overnight
service, and $25.00 for larger size packages and/or priority delivery services. Such charges
include the cost of such messenger service and the company's expenses for arranging such
messenger service and its overhead and profit. Special messenger services will be billed at the
cost of such services. There will be no additional charge for pick-up or delivery of packages via the
company's regularly scheduled messenger runs.
NOTE NO. 5: There are no conveyances affecting said land recorded within 6 months of the date
of this report.
NOTE NO. 6: The charge for a policy of title insurance, when issued through this title order, will
be based on the basic (not short-term) title insurance rate.
Typist: del
Date Typed: March 31, 2004
Page 11
Exhibit B (Rev. 2/4/02)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY -1990
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any taw, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land: (ii)
the character, dimensions or location of any improvement now or hereafter erected on the land (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv)
environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from 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 Date of Policy which would be binding
on the rights of a purchaser for value without knowledge.
3 Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant:
(b) • not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant
became an insured under this policy;
(c) Resulting in no loss or damage to the insured claimant;
(d) Attaching or created 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 insured mortgage or for the estate or interest insured by this policy.
4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness to comply with the applicable doing business
laws of the state in which the land is situated.
5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6 Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state
insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
L Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may 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 public records but which could be ascertained by an inspection of the land which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in 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 shown by the
public records.
CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (6/2/98)
ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10/17/98)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning:
a. building
b. zoning
C. land use
d. _ improvements on the Land
e. land division
f. environmental protection
This Exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date.
This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24.
2 The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public
Records at the Policy Date.
3 The right to take the Land by condemning it, unless:
a. a notice of exercising 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 of the taking.
4 Risks:
a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records;
b. that are known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date;
C. that result in no loss to You; or
d. that first occur after the Policy Date — this does not limit the coverage described in Covered Risk 7, 8d, 22, 23, 24 or 25.
5 Failure to pay value for Your Title.
6 Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and
b. in streets, alleys, or waterways that touch the land.
This Exclusion does not limit the coverage described in Covered Risk I1 or 18.
AMERICAN LAND TITLE ASSOCIATION
RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)
EXCLUSIONS
In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1 Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:
• Land use
• Improvements on the land
• Land division
Environmental protection
This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.
This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks.
2 The right to take the land by condemning it, unless;
• A notice of exercising the right appears in the public records on the Policy Date
• The taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking
3 Title Risks:
• That are created, allowed, or agreed to by you
• That are known to you, but not to us, on the Policy Date — unless they appeared in the Public Records
• That result in no loss to you
• That first affect your title after the Policy Date — this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks
4 Failure to pay value for your title.
5 Lack of a 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
AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
and
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD LOAN POLICY (10-17-92)
WITH ALTA ENDORSEMENT -FORM 1 COVERAGE
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorney's fees or expenses which arise by reason of
I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation effecting 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 Date of
Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the
date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to
the extent insurance is afforded herein as to assessments for street improvements under construction or completed at 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 insured mortgage.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with
applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit
protection or truth in lending law.
6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work
which at Date of Policy the insured has advanced or is obligated to advance.
7. Any claim which arises out of the transaction creating the interest of the mortgagee insured by this Policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws,
that is based on:
(i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or
(ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or
(iii) the transaction creating the interest of the insured mortgagee being deemed a pre
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
The above policy forms 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 following General Exceptions:
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pubic records.
2. Any facts, rights, interests or claim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in 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 shown by the public records.
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92)
And
AMERICAN LAND TITLE ASSOCIATION LEASEHOLD OWNER'S POLICY (10-17-92)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this 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 but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area
of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent
that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violating affecting the land has been recorded in the public records at Date of
Policy.
(b) Any governmental policy power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from 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 Date of
Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant'
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the
date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created 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 arises out of the transaction vesting in the insured the estate or interest insured by the policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights
laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(ii) the transaction creating the estate or interest insured by the policy being deemed a preferential transfer except where the preferential transfer results from the failure:
(a) to timely record the instrument of transfer, or
(b) of such recordation to impart notice to a purchaser for value or ajudgment or lien creditor.
The above policy forms 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 following General Exceptions.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pubic records.
2. Any facts, rights, interests or claim which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in 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 shown by the public records
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy,
use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or
areas of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the
extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at
Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14, and 16 of this 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 Date
of Policy which would be binding on the rights of a purchaser for value without Knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the
date the Insured Claimant became an Insured under this policy;
(c) resulting In no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or
(e) resulting in loss or damage which would not have been sustained if the insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to
comply with applicable doing business laws of the state in which the Land is situated.
5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided
in Covered Risk 27, or any consumer credit protection or truth in lending law.
6. Real property taxes or assessments of any governmental authority which become alien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under covered
Risks 7, 8(e) and 26.
7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in
Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8.
8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting the
title, the existence of which are Known to the Insured at:
(a) The time of the advance; or
(b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of Interest is greater as a result of the modification than it would have been
before the modification. This exclusion does not limit the coverage provided in Covered Risk 8.
9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply
to violations of building codes if notice of the violation appears in the Public Records at Date of Policy
EXHIBIT "D"
DESCRIPTION OF BENEFITTED PROPERTY
The properties described below shall constitute the "Benefited Property" for purposes of this
Offer, provided that any such property shall cease being part of the "Benefited Property" at such
time as fee title to such property ceases to be owned by either Offeror or a Successor
Covenantee.
PARCEL I
(Lower Bayview Property)
Parcel 1 as shown on Exhibit "B" attached to Lot Line Adjustment No. LA2003-011,
recorded March 19, 2004 as Instrument No. 2004000225274, of Official Records, in the
Office of the County Recorder of Orange County, California.
PARCEL II
(Harbor View Shopping Center)
Parcels 2, 3 and 4, in the City of Newport Beach, County of Orange, State of
California, as shown on a map filed in Book 35 Page 1 of Parcel Maps, in the
Office of the County Recorder of said County.
A non-exclusive easement for ingress and egress purposes over the northwesterly
10.00 feet of Parcel No. 1, in the City of Newport Beach, County of Orange, State
of California, as per map filed in Book 35, Page 1 of Parcel Maps, records of said
Orange County.
PARCEL III
(Fashion Island)
Parcel A:
Parcels 1 through 9, inclusive, in the City of Newport Beach, County of Orange,
State of California, as shown on Parcel Map No. 86-399 as per Map filed in Book
221, pages 30 through 36, inclusive, of Parcel Maps, in the Office of the County
Recorder of said County.
Parcel B:
Parcels 13 through 17, inclusive, and Lots Q, R, S, U, R-1, R-2 and R-3 of Tract
No. 6015, in the City of Newport Beach, County of Orange, State of California, as
per Map recorded in Book 239, pages 28 through 41, inclusive, of Miscellaneous
Maps, in the Office of the County Recorder of said County.
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Parcel C:
Parcel 1, in the City of Newport Beach, County of Orange, State of California, as
shown on a Parcel Map filed in Book 67, pages 2 and 3, of Parcel Maps, in the
Office of the County Recorder of said County.
Parcel D:
Parcel 1, in the City of Newport Beach, County of Orange, State of California, as
shown on a Parcel Map filed in Book 75, page 48, of Parcel Maps, in the Office of
the County Recorder of said County.
Parcel E:
Parcel 4 of Parcel Maps, as shown on a Map filed in Book 67, pages 2 and 3, of
Parcel Maps and Lot W of Tract No. 6015, as per Map recorded in Book 239,
pages 28 through 41, inclusive, of Miscellaneous Maps, all in the City of Newport
Beach, County of Orange, State of California, in the Office of the County
Recorder of said County, lying within the land described as Parcels 1 and 2 of that
certain Lot Line Adjustment N.B.L.L.A. 87-3, recorded November 13, 1987, as
Instrument No. 87-640346, in the Office of the County Recorder of said County.
PARCEL IV
(Corona del Mar Plaza)
Parcel A:
The southwesterly one-half of Parcel 2 as shown on Parcel Map No. 90-361, filed
in Book 270, Pages 15 to 18, inclusive, of Parcel Maps, Records of Orange
County, California.
Parcel B:
The northeasterly one-half of Parcel l as shown on Parcel Map No. 90-361, filed in Book 270, Pages 15 to
18, inclusive, of Parcel Maps, Records of Orange County, California.
Parcel C:
Parcel 1 of Parcel Map No. 90-361, filed in Book 270, Pages 15 to 18, inclusive, of Parcel Maps, Records
of Orange County, California.
PARCEL V
(Newport Coast Plaza)
Parcels 1 and 2 of Parcel Map 2000-160, recorded on January 12, 2001, as
Instrument No. 20010021439 in Book 318, Pages 27 to 31, inclusive, of Parcel
Maps, Records of Orange County, California.
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PARCRT. VT
(Pelican Hill Golf Courses)
OCEAN COURSE AND LINKS COURSE/PELICAN HILL GOLF CLUB
The property situated in the City of Newport Beach, County of Orange, State of California,
described as follows:
PARCEL A:
PARCEL 2 OF LOT LINE ADJUSTMENT LL 2003-027 RECORDED JUNE 24, 2004 AS
INSTRUMENT NO. 2004000575815 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL B:
PARCEL 3 OF LOT LINE ADJUSTMENT LL 2003-026 RECORDED JUNE 24, 2004 AS
INSTRUMENT NO. 2004000575812 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL C:
PARCEL 4 OF LOT LINE ADJUSTMENT LL 94-008 RECORDED APRIL 28, 1995 AS
INSTRUMENT NO. 95-0180634 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL D:
PARCEL 1 OF LOT LINE ADJUSTMENT LL 92-017 RECORDED MAY 22, 1992 AS
INSTRUMENT NO. 92-343565 OF OFFICIAL RECORDS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL E:
LOTS 2, 5 AND 6 OF TRACT NO. 14131 PER MAP FILED IN BOOK 662, PAGES 42
THROUGH 46, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL F:
EASEMENTS OVER THOSE PORTIONS OF LOT 59 AND THAT PORTION OF LOT A OF
TRACT 14063 PER MAP FILED IN BOOK 670, PAGES 23 THROUGH 29, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AS SET FORTH IN ARTICLE II SUBPARAGRAPH 2.3(C) ENTITLED "ACCESS
OVER COMMON AREA FOR GOLF COURSE" IN THAT CERTAIN DECLARATION
ENTITLED "DECLARATION OF SPECIAL COVENANTS, CONDITIONS, RESTRICTIONS
30209-0055\347088.5 4/4/06
AND ESTABLISHMENT OF EASEMENTS FOR GOLF COURSE PROPERTY AND
PELICAN POINT", RECORDED MAY 23, 1991 AS INSTRUMENT NO. 91-254012 OF
OFFICIAL RECORDS.
PARCEL G:
A FORTY (40) FOOT WIDE EASEMENT FOR ACCESS TUNNEL PURPOSES UNDER
AND THROUGH A PORTION OF THAT PARCEL OF LAND DESCRIBED WITHIN THE
"IRREVOCABLE OFFER TO CONVEY EASEMENT PELICAN HILL ROAD RIGHT-OF-
WAY" (NOW KNOWN AS "NEWPORT COAST DRIVE") RECORDED DECEMBER 20,
1988 AS INSTRUMENT NO. 88-663375 OF OFFICIAL RECORDS, AND SHOWN ON THE
MAP OF TRACT NO. 14131, FILED IN BOOK 662, PAGES 42 THROUGH 46, INCLUSIVE,
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING ON THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "NORTH 55053'00" WEST, 457.71 "', TO WHICH A RADIAL LINE
BEARS NORTH 34043'41" WEST AND BEING THE INTERSECTION OF THE
NORTHEASTERLY LINE OF LOT 4 OF SAID TRACT WITH THE SOUTHERLY LINE OF
SAID IRREVOCABLE OFFER, SAID SOUTHERLY LINE BEING A CURVE CONCAVE
SOUTHERLY, HAVING A RADIUS OF 1129.50 FEET; THENCE, WESTERLY, 97.70 FEET
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 04°57'21" TO THE TRUE
POINT OF BEGINNING, A RADIAL LINE THROUGH SAID POINT BEARS NORTH
39041'02" WEST; THENCE, CONTINUING ALONG SAID CURVE, 44.50 FEET THROUGH
A CENTRAL ANGLE OF 02015'26", TO WHICH A RADIAL LINE BEARS NORTH
41056'28" WEST; THENCE, CROSSING SAID IRREVOCABLE OFFER, NORTH 14°50'00"
WEST, 151.77 FEET TO THE NORTHERLY LINE OF SAID IRREVOCABLE OFFER AND
A POINT IN A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1266.50 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 38048'40" WEST; THENCE,
EASTERLY 43.45 FEET, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
01057'57", TO WHICH A RADIAL LINE BEARS NORTH 36050'43" WEST; THENCE,
CROSSING SAID IRREVOCABLE OFFER, SOUTH 14050'00" EAST, 149.26 FEET TO THE
POINT OF BEGINNING.
THE HEREIN DESCRIBED EASEMENT IS CENTERED UPON A CYLINDER TWENTY-
FIVE (25) FEET IN DIAMETER. THE FINISHED FLOOR ELEVATION AT THE
NORTHERLY END IS 129.50 FEET M.S.L.; THE FINISHED FLOOR ELEVATION AT THE
SOUTHERLY END IS 120.10 FEET M.S.L.
PARCEL H:
A FIFTY (50) FOOT WIDE EASEMENT FOR ACCESS TUNNEL PURPOSES UNDER AND
THROUGH A PORTION OF THAT PARCEL OF LAND BEING A 100 FOOT WIDE RIGHT
OF WAY KNOWN AS "PACIFIC COAST HIGHWAY", AS SHOWN ON THE MAP OF
TRACT NO. 14131, FILED IN BOOK 662, PAGES 42 THROUGH 46, INCLUSIVE, OF
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m
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING ON THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
DESCRIBED AS "(NORTH 49°29'55" WEST, 5241.12')" AND BEING THE MOST
WESTERLY CORNER OF LOT 3 OF SAID TRACT AND BEING IN THE EASTERLY LINE
OF SAID PACIFIC COAST HIGHWAY; THENCE, ALONG SAID EASTERLY LINE OF
PACIFIC COAST HIGHWAY, SOUTH 49029'55" EAST, 205.89 FEET TO THE TRUE
POINT OF BEGINNING; THENCE, CONTINUING WITH SAID EASTERLY LINE, SOUTH
49029'55" EAST, 50.00 FEET; THENCE, CROSSING SAID PACIFIC COAST HIGHWAY,
SOUTH 40030'05" WEST, 100.00 FEET TO A POINT IN THE WESTERLY LINE OF SAID
PACIFIC COAST HIGHWAY; THENCE, ALONG SAID WESTERLY LINE, NORTH
49029'55" WEST, 50.00 FEET; THENCE, CROSSING SAID PACIFIC COAST HIGHWAY,
NORTH 40030'05" EAST, 100.00 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREIN DESCRIBED EASEMENT IS CENTERED UPON A CYLINDER TWENTY-
FIVE (25) FEET IN DIAMETER. THE FINISHED FLOOR ELEVATION AT THE
NORTHEASTERLY END IS 113.10 FEET M.S.L.; THE FINISHED FLOOR ELEVATION AT
THE SOUTHWESTERLY END IS 112.60 FEET M.S.L.
PARCEL I:
EASEMENTS OVER LOTS A, B AND K OF TRACT 14063 PER MAP FILED IN BOOK 670,
PAGES 23 THROUGH 29, INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, FOR PEDESTRIAN, GOLF CART AND
OTHER VEHICULAR MEANS FOR MAINTENANCE PURPOSES, USE AND
ENJOYMENT OF THE ADJACENT GOLF COURSE, AS CONTAINED IN THAT CERTAIN
DECLARATION OF RECIPROCAL EASEMENTS
BY THE IRVINE COMPANY RECORDED MARCH 4, 1994 AS INSTRUMENT NO.
94-0157793 OF OFFICIAL RECORDS.
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