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Home My WebLink AboutF-3b - Dedication and Park Credit Agreement for Mouth of Big Canyonf TO: CITY COUNCIL FROM: Public Works Department SUBJECT: DEDICATION AND PARK CREDIT RECOMMENDATION: nuyusL Lb, lyti5 (73) BY THE CiTY CO(li GIL CITY COUNCIL AGENDA CITY OF HEMORT BEACH ITEM NO. F-3(b) AUG 2 G 1'35 APPRO v ED AGREEMENT FOR MOUTH OF BIG CANYON 1. Authorize the Mayor and the City Clerk to execute the dedication and Park Credit Agreement for Mouth of Big Canyon. 2. Authorize the acceptance of a Corporation Grant Deed from The Irvine Company for the Mouth of Big Canyon Property subject to the conditions spelled out in the agreement. DISCUSSION: On March 26, 1984, the City Council approved a transfer of the mouth of Big Canyon to the City in exchange for five acres of park credit and an agreement that The Irvine company would repair the slopes to City specifications and then maintain them for three years. C Since that time the staffs of both the City and The Irvine Company have been negotiating a formal agreement and defining the extent of the slope repairs and the three-year maintenance program. The attached agreement is recommended for execution. The included Corporation Grant Deed for 39.5 acres in the mouth of Big Canyon (including slopes) is to be accepted by the City and recorded. The City will, in exchange, allow five acres of park credits to apply to the following residential developments: Newport Center Block 800 Pacific Coast Highway Frontage (Villa Point Apartments) Newport Village Big Canyon Area 10 Big Canyon Area 16 (Big Canyon Villa Apartments) or other sites which the City may determine are in similar proximity to the mouth of Big Canyon. The Irvine Company agrees to repair the slopes in accordance with a plan provided for in the agreement and then maintain the slopes for three years after the slope repair work has been accepted by the City. L. 11, 44 Benjamin B. Nolan Public Works Director DW:jd Att. for Council Members only CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department DATE: August 16, 1985 TO: Robert L. Wynn, City Manager FROM: Parks, Beaches and Recreation Director SUBJECT: MOUTH OF BIG CANYON - ANNUAL MAINTENANCE COSTS A thorough analysis has been made by the Parks Division staff to determine what the annual maintenance cost would be for the Mouth of Big Canyon. Basic assump- tions were made that: 1. The area would not be improved to add facilities to the site, i.e., picnic area, park -like turf, walkways. 2. No increased publicity or programs would be implemented. With this in mind, it has been determined that the minimum maintenance should occur quarterly -to pick up litter, eradicate weeds for fire control and prune native plant material. This function every three months would take a work crew of six employees and one Supervisor five working days per quarter to accomplish. Cost is computed as: 6 employees x $10.92 x 8 hrs. x 5 days = $2,620.80 1 Supervisor x $12.68 x 8 hrs. x 5 days = 101.44 Subtotal = $2,722.24 4 times yearly = $10,884.96 Equipment and supplies = 800.00 TOTAL = $11,684.96 Upon assuming this responsibility it would be requested that $12,000 be appropriated to minimally maintain this 20+ acre open space. This is well below our cost of S5,200 per acre to maintain park land. If there are questions or further action is needed, please call. J _aA�� Ronald A. Whitley 0 DEDICATION AND PARK CREDIT AGREEMENT FOR MOUTH OF BIG CANYON THIS AGREEMENT is made effective as of !%LZ f4ea��-& j 1 1985, by and between THE IRVINE COMPANY, a Michigan corporation ("Company"), and THE CITY OF NEWPORT BEACH, a California municipal corporation ("City"). D7('TTAT C A. The City Council of the City has found and determined that it is in the public interest for the City to accept dedication of certain real property, consisting of approximately 39.5 acres owned by Company and commonly known as the Mouth of Big Canyon (the "Property"), for open space/park purposes. A more complete description of the Property is attached as Exhibit "A," a map of the Property is attached as Exhibit "B," and both are incorporated by reference. C. The City and the Company have met and negoti- ated and based upon those negotiations the Company is now willing to dedicate the Property to the City, and the City is willing to accept that dedication from the Company, upon the terms and conditions set forth in this Agreement. RKB5-J:07 1 r 06-28-85 10 NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Dedication of the Property. Upon the terms and conditions set forth in this Agreement, the Company agrees to dedicate the Property to the City, and the City agrees to accept the Property. 2. Procedure for Dedication and Acceptance of Property. The dedication and acceptance of the Property shall %be made by (i) the Company's delivery to the City of a Grant Deed to the Property, substantially in the form attached hereto as Exhibit "C," duly executed and notarized by the Company, (ii) the City's execution and notarization of its acceptance of the Grant Deed, and (iii) the subse- quent recordation of the Grant Deed, and acceptance, by the City. Subject to the following terms and conditions, the Company shall execute and deliver the Grant Deed to the City within five (5) days of the effective date of this Agree- ment, and the City shall execute the acceptance of the Grant Deed within five (5) days of its delivery to the City and immediately thereafter shall cause the Grant Deed to be recorded. In the event this Agreement is terminated prior to recordation of the Grant Deed but after its delivery to RKB5-J:07 2 06-28-85 0 the City, the City agrees to return it unrecorded to the Company. 3. Taxes. (a) The Company agrees to pay all current and unpaid taxes, and/or penalties and interest thereon, and any delinquent or non -delinquent assessments or bonds, against the Property that are owing on the part of the Com- pany as of the recordation date of the Grant Deed,. subject to the following allocations and procedures to the extent permissible by law: it (i) That portion only of such current taxes, together with any allocable pen- alties and costs thereon, which are properly allocable to that part of the fiscal year which ends on the day before the date of the recordation of the Grant Deed, shall be paid by the Company, or if unpaid for any reason, they shall be transferred to the unsecured roll pur- suant to Revenue and Taxation Code Section 2921.5 and shall be collectible from the Com- pany; (ii) The portion of such taxes, together with any penalties and costs thereon, which are allocable to that part of the fiscal RKB5-J:07 3 r 06-28-85 0 year which begins on the date of the 4 recordation of the Grant Deed, shall be can- celled and shall not be collectible either from the Company or from the City, and City shall request the county tax collector to cancel such taxes (nonetheless, the Company shall hold the City harmless against any liability for taxes, and any penalties therefor, that may be legally assessed through no fault of the City from the date of recordation of the Grant Deed until l cancellation of such taxes by the county tax collector); and, (iii) If taxes have been paid on the Property by the Company after July 1 of the fiscal year for which current taxes are a lien on the property, the portion of such taxes which are allocable to that part of the fiscal year which begins on the date of the Company's execution of the Grant Deed, and made uncollectible if unpaid by virtue of this para- graph and Revenue and Taxation Code section 4986, shall be deemed between the parties to be erroneously collected pursuant to Revenue and Taxation Code sections 5086 and 5096.7, and the RKB5-J:07 r 06-28-85 0 Company shall have the right to apply to the Orange County Auditor, Tax Collector, or Treas- urer for refund of such taxes which may be due Company pursuant to Revenue and Taxation Code section 5096.7. Any application for a tax refund pursuant to subparagraph (iii) above shall be the sole responsibility of the Company. The Company understands that it must submit a verified claim to the Board of Supervisors within four (4) years of making the payment sought to be refunded, or within one (1) year after notice is mailed to the Company by the Tax Collector of the County that a claim for a refund may be filed as pro- vided for in Revenue and Taxation Code section 2635, which- ever is later. (b) Subject to the provisions of subpara- graph (a) above, the Company shall also pay any taxes and/or penalties and interest thereon that may be assessed against the property subsequent to the date on which the Grant Deed is accepted, but which are predicated upon Company's owner- ship prior to acceptance. (c) The City shall assume liability for the payment of general and special bonds and assessments imposed upon the Property prior to the date on which the Grant Deed is accepted by City. If appropriate, City shall reimburse RKBS-J:07 5 Company, on a pro-rata basis, for that portion of general and special bonds and assessments paid by Company during the tax year in which the City accepts the Grant Deed. 4. Title Insurance. Company shall cause First American Title Insurance or other reputable title insurance company selected by Company (the "Title Company"), to be prepared to deliver to City a commitment for a standard cov- erage CLTA Owner's Policy of Title Insurance dated as of the date of the execution of the Grant Deed by Company, insuring City in an amount equal to Two Million Five Hundred Thousand Dollars ($2,500,000.00), and showing title vested in City subject only to: (a) Current real property taxes, and all unpaid general and special bonds or assessments which are to be assumed by City or cancelled upon recordation as specifically provided for in Paragraph 2 above; (b) All matters set forth on the Grant Deed attached hereto as Exhibit "C;" and (c) All matters shown on Preliminary Title Report No. 662178 dated April 27, 1984, issued by Ticor Title Insurance Company of California, attached hereto as Exhibit "D." RKB5-J:07 5. Park Credit. The City agrees that the transfer of title to the Property to it shall constitute a full credit, equivalent to five (5) acres of parkland, against any required dedication of land for parks under Title 19 of the Newport Beach Munic- ipal Code, or subsequent ordinance, as a condition to Com- pany's subdivision or development of the real property owned by Company and more particularly listed on Exhibit. "E" hereto (the "Credit Subdivisions"). In the event that a legal description of the Credit Subdivisions is required for the enforceability of this provision or any other provision of this Agreement, the parties shall agree to such a legal description and include it as part of Exhibit "E." City and Company agree that one (1) acre of the five (5) acres of parkland credit granted to Company pursu- ant to this Agreement, shall be applied to satisfy Company's commitment to dedicate parkland, and/or pay fees, pursuant to City's prior approval of the project commonly known as Baywood Expansion. The City agrees that in no event shall the Company receive less than the full value for the credit and should the Company not use all available credit in developing the Credit Subdivisions, then the remaining credit shall be RKB5-J:07 F 06-28-85 0 applied to other developments of the Company within the City's jurisdiction. 6. Slope Repair. The Company agrees that, at its cost, it shall cause those slope failures and associated drainage and geotechnical problems on the Property and described in that certain report entitled "Report of Geotechnical Review of Slope Failures, Big Canyon Area, Upper Newport Bay, City of Newport Beach, California," dated June 21, 1985, and prepared by Leighton and Associates (the "Report"), to be repaired in conformance with the recommen- dations and techniques contained in the Report, and with the requirements of the City's Grading Engineer and Public Works Department for implementing those recommendations contained in the Report. Included in the report is a plan sheet enti- tled "Topographic Map of Big Canyon Development" "Exhibit F" June 5, 1985, with attachments entitled "Exhibit F1" Berm Construction Details by Leighton and Associates; Exhibit F2" Catchment Detail by Wilsey and Ham; "Exhibit F3" Slope and Inlet Repair by Wilsey & Ham; "Exhibit F4" Drainage Repairs Lot 9, TR5425 by Wilsey and Ham. The Company shall complete the repair work in good faith and in due course. Upon completion of the repair work as specified above, the City's Grading Engineer shall issue a Certificate of Completion evidencing the Company's satisfaction of its RKB5-J:07 06-28-85 obligations pursuant to this Paragraph 6. The City's Grad- ing Engineer shall expedite any inspections needed for issu- ance of a Certificate of Completion. The date on which the Certificate of Completion is issued shall be the Completion Date for purposes of Paragraph 7. Should the Company refuse to make and complete the repairs required in this Paragraph 6 or in Paragraph 7, or fail to make these repairs in due course, after sixty (60) days written notice and demand by City ,to Company to com- mence or complete the repairs or show reasonable cause why it such repairs cannot be commenced or completed, City shall have the right to rescind its acceptance of the dedication ,and company shall accept reconveyance of, of/the Property. Similarly, should the Company determine that it is unable to accomplish the repairs required in Paragraph 6 or 7 due to (a) circumstances beyond the reason- able control of the Company, including but not limited to the inability to obtain the necessary cooperation from per- sons owning or controlling property adjacent to the Property or (b) the fact that the cost of such repairs may exceed the value of the Property or the reasonably forseeable potential liabilities to the City if such repairs are not made, it shall not be considered to be in default under this Agree- ment and shall have the right to so notify the City, in which case the City must, within sixty (60) days of the Com- j RKB5-J:07 9 06-28-85 0 and any pany's notice, either elect to waive completion of such repairs or rescind its acceptance of the dedication of the Property. 7. Slope Maintenance. The Company agrees that, at its sole expense, it shall also cause to be repaired, in a manner consistent with the repair techniques described in the Report for similar failures and the requirements of Paragraph 6, any new slope failure occurring on the Property prior to the third anniversary of the Completion Date, except for any additional failure caused by any activity of the City or any of its agents, invitees, contractors or assignees, on or respecting the Property. The City shall provide the Company with written acknowledgment that the Company has fulfilled its obligations under this Paragraph 7 as soon after the third anniversary of the Completion Date reasonably as Company's performance hereunder can/be ascertained. The Company further agrees to indemnify and hold the City entirely free and harmless from and against any and all liability, obligations, claims, damages, penalties, I� causes of action costs and inc expenses (including, p (' g, without such limitation, re,,?�s b e a o eys fees) arising from anynslope failui or subsidencehb u i to the third anniversary of this agreer default by the Company in its obligations to make repairs under Paragraphs 6 and 7.- The Company further agrees to. assist the City in negotiating with the owners of the land RKB5-J:07 10 11 above the slopes to revise watering procedures in order to minimize risks of such slope failures, but without obliga- tion that the Company expend any money in rendering that assistance. Slope failures, if any, occurring after the third anniversary of the Completion Date on or adjacent to any slope repaired by the Company shall be deemed to be indepen- dent and separate from those failures occurring prior to such date and shall be deemed to be independent from and unrelated to any repair work performed by the Company. l 8. Pest Control. The Company at the City's request has made arrangements with Mr. Wyn Williams, a pro- fessional pest control service, to institute a rodent con- it trol program in the Property and adjoining lands, as set forth in Mr. Williams' proposal to the Company attached hereto as Exhibit G. This ro ramx3�€ / P g shall be continued by Company, at its sole cost and expense, for a perior of three years from the effective date of this agreement. - 9. Non -Liability. Except as provided in Para- graph 7 above, the Company shall not be responsible for the safety of the Property or persons entering on the Property following dedication thereof to the City. RKB5-J:07 11 __x OMAR] :�� 10. Indemnification Defense. If any action, suit or proceeding is brought against either party by reason of any occurrence for which the other party is a responsible party under this Agreement, the other party will notify the responsible party of such action, suit or proceeding. The responsible party will, at its sole cost and expense, defend and indemnify the other. 11. Drainage. The City acknowledges that the Property includes a major natural drainage channel which collects a substantial portion of the surface and subsurface drainage and flood water flowing from and across upstream land owned by the Company and others, and further acknowl- edges that development of the undeveloped portions of that upstream land may increase the quantity of surface and sub- surface drainage and flood water flowing from and across that upstream land onto and across the Property. City is acquiring the Property with full knowledge and in antic- ipation of this circumstance, and agrees that the Property shall continue to receive such surface and subsurface drain- age and flood water. 12. Representations and Warranties. The City represents and warrants to the Company, and hereby agrees as follows: (a) The City is familiar with the RKB5-J:07 12 _P 06-28-85 Property and has found that it is suitable for park and open space purposes. (b) Except as expressly set forth herein, the City is relying solely upon its own inspection, investigation and analysis of the foregoing matters in receiving the Property and is not relying in any way upon any represen- tations, statements, agreements, warranties, studies, reports, descriptions, guidelines or other information or material furnished by the Company or its representatives, whether oral or written, express or implied, of any nature whatsoever regarding any of the foregoing mat- ters. (c) The City is a municipal corpora- tion duly organized and existing, by virtue of the laws of the State of California, and it has full corporate right, power and authority to carry on its business and to execute, deliver and perform, comply with and consummate this Agreement. (d) The execution of this Agreement by the City, its delivery to the Company, and the performance by the City of its obligations RKB5-J:07 13 hereunder, have been, or will,be prior to the time of performance, duly approved and autho- rized by its City Council, and no further cor- porate or other authority is necessary on the part of the City for such execution, delivery and consummation. (e) The execution, delivery, perfor- mance of and compliance with this Agreement have not resulted and will not result in any violation of, or be in conflict with, or result in the creation of, or constitute a default under, any mortgage, indenture, contract, agreement, instrument, franchise, permit, judg- ment, decree, order, ordinance, statute, rule or regulation application to the City. On the basis of the foregoing the City's representations, warranties and agreements, the Company is willing to enter into this Agreement. 13. Survivability. All covenants of the City or the Company which are expressly intended hereunder to be performed in whole or in part after the dedication of the Property and all representations, warranties and indemnities by either party to the other, shall survive the dedication and acceptance of the Property and be binding upon and inure RKBS-J:07 14 _I 06-28-85 n to the benefit of the respective parties hereto and their f- respective successors and permitted assigns. Any agree- ments, understandings, warranties or representations not expressly contained herein shall in no way bind either the Company or the City. 14. Notices. Any notice required or permitted hereunder or by law shall be validly given or made if given in writing and personally delivered or deposited in the United States mail, by certified or registered mail (return receipt requested), postage prepaid and addressed as fol- lows: To Company: The Irvine Company 550 Newport Center Drive P.O. Box I Newport Beach, CA 92663 Attn: Community Development Division To City: City Manager, City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, CA 92663 cc: City Grading Engineer 15. Successors and Assigns; Assignment: This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and any assigns. The Company may assign its rights here- under to any nominee after giving prior written notice to the City. The Company shall submit copies of any such assignment to City in a timely fashion. City may assign its interests in this agreement, and the rights and obligations contained herein, or transfer or convey the property, and the rights and obligations related thereto, upon prior written notice to Company, provided that the assignment, transfer or conveyance shall not affect Company's right to park dedication credit. RKB5-J:07 15 06-28-85 0 16. Time of Essence. Time is of the essence of each provision of this Agreement in which time is an ele- ment. 17. Titles. Titles are provided herein for convenience only and are not to serve as a basis for inter- pretation or construction of this Agreement nor as evidence of the intention of the parties hereto. 18. Waiver. Either party hereto may specifi- cally waive any breach of this Agreement by the other party, but no such waiver shall constitute a continuing waiver of t similar or other breaches. A waiving party may, at any time, upon notice given in writing to the breaching party, direct future compliance with the waived term or terms of this Agreement, in which event the breaching party shall comply as directed from such time forward. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and not mutually exclusive. 19. Governing State Law. The statutory, admin- istrative and judicial law of the State of California shall govern the execution and performance of this Agreement. 20. Execution of the Aereement. Each of the persons executing this Agreement on behalf of the signatory entity on whose behalf he purports to act represents and RKB5-J:07 16 t 06-28-85 0 warrants that he is duly authorized to execute this Agree- ment on behalf of said signatory entity. Each of the attor- neys (law firms) approving the form of this Agreement on behalf of its respective client hereby renders its opinion that the execution of the Agreement by the person(s) pur- porting to act for such client is valid and binding on such signatory entity. 21. Complete Agreement. This Agreement con- tains the entire agreement and understandings concerning the subject matter between the parties and supersedes and replaces all prior negotiations and proposed agreements, written and oral. Each of the parties hereto acknowledges that no other party, nor any agent or attorney of any other party, has made any promise, representation, or warranty whatsoever, express or implied, not contained herein, con- cerning the subject matter hereof, to induce it to execute this Agreement, and acknowledges that each has not executed this Agreement in reliance upon any such promise, represen- tation or warranty not contained herein. RKB5-J:07 17 r 06-28-85 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dayand year first above written. CITY OF NEWPORT BEACH, a municipal corporation ATTEST: A City Clerk City of Newpo each APPRQVED AS TO FORM ity Attox'ney ity of Newport Beach THE IRVINE COMPANY, a Michigan corporation, Klecutive' ce President RKB5-J:07 IN j. i IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY OF NEWPORT BEACH, a mun�'.,cipal corporation B�_ __g Mayor, THE IRVINE COMPANY, a Michigan corporation, "xeecutive" ce President By V'c Presi ATTEST: 'IVQ� A"'X) C. 2 STATE OF CALIFORNIA, COUNTY OF Orange On this H � 1 day of �ept _m Vef , in the year 1985, before me the undersigned a Notary Public in and for said State, personally appeared _, known to me to be the Mayor of the City of Newport Beach and , known to me to be the City Clerk of the City of Newport Beach and known to me to e the persons who executed the within instrument on behalf of said governmental agency, and acknowledged to me that such governmental agency executed the same. WITNESS my hand and official seal. i Notary Public in and for said State. -----------------------------.------- -_ t.Sy conr^;sslon Exports Oct c5. 1987 r--------------- -----' a L. 0 LIST OF EXHIBITS A. Legal description B. Map of property C. Grant Deed D. Title Report of 662178 (TICOR) dated April 27, 1984 E. Credit subdivisions F. Report of Geotechnical Review of Slope Failure; F Topographical Map F1 Berm Construction Details `F2 Catchment Detail F3 Slope & Inlet Repair F4 Drainage Repairs Lot 9 G. Wyn Williams pest control.letter TI.COR TITLE fNSURANCE COMPANY OF CALIFORNIA DESCRIPTION: THOSE PORTIONS OF BLOCKS 52, 53, 55 AND 56 OF THE IRVINE SUBDIVISION PER MAP FILED IN BOOK i PAGE 83 OF MISCELLANEOUS RECORD MAPS OF ORANGE COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 3 OF TRACT 5425, SAID POINT ALSO BEING ON THE WESTERLY RIGHT -OF --WAY LINE OF JAMBOREE ROAD AS REC:ORDEI) IN BOOK 7964 PAGE 631 , OFFICIAL RECORDS OF SAID COUNTY; THENCE THE FOLLOWING COURSES: NORTH 62 DEGREES 40 MINUTES 44 SEC:ONDS WEST i i 6. 82 FEET; SOUTH 74 DEGREES 30 MINUTES 41 SECONDS WEST 134.75 FEET; SOUTH 64 DEGREES 2:5 MINUTES 41 SECONDS WEST 13050 FEET; SOUTH 75 DEGREES 42 MINUTES 15 SECONDS 65.00 FEET; NORTH 16 DEGREES 56 MINUTES 18 SECONDS WEST 0.00 00 FEET; SOUTH 87 DEGREES 28 MINUTES 14 SECONDS WEST 65.75 FEET; NORTH 57 DEGREES 39 MINUTES 52 SECONDS WEST 95, 23 FEET; NORTH 26 DEGREES 59 MINUTES i i SECONDS WEST 476.12 FEET; NORTH 3 DEGREES 55 MINUTES ii SECONDS WEST 10008 FEET; NORTH 36 DEGREES 33 MINUTES Q :SECONDS WEST i 34.75 FEET; NORTH 24 DEGREES 55 MINUTES 06 SECONDS WEST i 29.52 FEET; NORTH 40 DEGREES 06 MINUTES 25 SECONDS WEST 259. % FEET; SOUTH 81 DEGREES 05 MINUTES 32 SECONDS WEST 151.77 FEET; NORTH 82 DEGREES 41 MINUTE'S 07 SECONDS WEST 04.55 FEET; NORTH 53 DEGREES 54 MINUTES 22 SECONDS WEST 292x03 FEET; NORTH 21 DEGREE$ 56 MINUTES i 8 SECONDS FAST 166.01 FEET; NORTH 26 DEGREES 03 MINUTES 21 SEC:ONDS WEST 204.83 FEET; NORTH 62 DEGREES 14 MINUTES 29 'SECONDS WEST 605.66 FEET; NORTH 31 DEGREES 40 MINUTES 00 SECONDS WEST 74.60 FEET; SOUTH 58 DEGREES 08 MINUTES 56 SEEC:ONDS WEST 68.81 FEET; SOUTH 48 DEGREES 12 MINUTES 59 SECONDS. WEST i 0.00 FEET TO A POINT ON THE ARC; OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 420..00 FEET, A RADIAL TO SAID POINT BEARS NORTH 48 DEGREES 12 MINUTES 59 SECONDS EAST; THENCE THROUGH A CENTRAL ANGLE OF 18 DEGREES 06 MINUTES 09 SECONDS A DISTANCE OF i 32.70 FEET TO A POINT OF NON -TANGENCY; THENCE THE FOLLOWING COURSES: SOUTH 60 DEGREES i i MINUTES 27 SECONDS EAST 438.0 FEET TO A POINT ON THE ARC: OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF i 73.20 FEET, A RADIAL TO SAID POINT BEARE NORTH 29 DEGREES 48 MINUTES 35 SECONDS EAST; THENCE ALONG THE ARC, OF SAID CURVE THROUGH A CENTRAL. ANGLE OF 60 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 181.37 FEET TO A POINT OF TANGENCY; THENCE SOUTH 0 DEGREES i i MINUTES 27 SECONDS FAST 164.59 FEET TO A POINT OF TANGENCY ON THE ARC O1= A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 171.20 FEET, A RADIAL_ TO SAID POINT DEARS NORTH 89 DEGREES 48 MINUTES 33 SECONDS EAST; THENCE THROUGH A CENTRAL ANGLE OF 60 DEGREES 00 MINUTES 00 SEC:ONDS A DISTANCE OF Qi �37 FEET TO A POINT OF TANGENCY; THENCE SOUTH 60 DEGREES i i MINUTES 27 SECONDS EAST 240.00 FEET; THENCE SOUTH 54 DEGREES 48 MINUTES 33 SECONDS WEST 135,00 FEET; TO A POINT ON A i TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS O1= i S7.2.4 FEET, A RAD]:AL. TO SAID POINT BEARS SOUTH 0 DEGREES i i MINUTES 27 SEC:ONDS EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 DEGREES 00 MINUTES 00 SECONDS A DISTANCE OF 114.30 FEET, TO A POINT OF TANGENCY; THENCE SOUTH 89 DEGREES 48 MINUTES 33 SECONDS WEST 371 .51 FEET TO A TANGENT POINT ON THE ARC OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 27242 FEEET, A RADIAL_ TO SAID POINT PEARS NORTH 0 DEGREES i i MINUTES 27 SECONDS WEST; THENCE ALONG THE ARC: OF SAID CURVE THROUGH A CENTRAL_ ANGLE O1= 45 DEGREES 00 MINUTES 00 SECONDS A DISTANCE. OF 213.96 FEET TO A POINT OF TANGENCY, A RADIAL- TO SAID POINT BEARS NORTH 45 DEGREES i f MINUTES 27 SECONDS WEST; THENCE SOUTH 44 DEGREES 48 MINUTES 33 SECONDS WEST; THENCE SOUTH f Ci DEGREES 35 MINUTES 59 SECONDS WEST 263.29 FEET; THENCE NORTH 76 DEGREES 24 MINUTES 01 SECONDS WEST 65.00 FEET; THENCE NORTH f _.1 Exhibit "A" I of 2 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA DEGREES 35 MINUTES 50 SECONDS EAST 162.73 FEET TO .A POINT OF TANGENCY ON A CURVE CONCAVE WESTERLY, HAVING; A RADIUS OF 220 FEET, A RADIAL_ TO SAID POINT BEARE SOUTH 76 DEGREES 24 MINUTES OS SECONDS EAST; THENCE IN A SOUTHERLY DIRECTION ALONG SAID ARC THROUGH A CENTRAL_ ANGLE OF 13 DEGREES it MINUTES 29 SECONDS A DISTANCE O1= 50.91 FEET; THENCE NON -TANGENT SOUTH 63 DEGREES 08, MINUTES 32 SECONDS EAST 344.46 FEET; THENCE ALONG THE FOLLOWING COURSES: NORTH 66 DEGREES 1 1 MINUTES 48 SECONDS EAST 3109 FEET; SOUTH 80 DEGREES 47 MINUTES 12 SECONDS EAST 62.00 FEET; NORTH 47 DEGREES 04 MINUTES 48 SECONDS EAST ioo00 FEET; NORTH 85 DEGREES 59 MINUTES 48 SECONDS EAST 66.00 FEET; SOUTH 47 DEGREES 52 MINUTES 12 SECONDS EAST 273.00 FEET; SOUTH 77 DEGREES 20 MINUTES 12 SECONDS EAST 118.00 FEET; NORTH 74 DEGREES 14 MINUTES 48 SECONDS FAST 04.01 FEET; SOUTH 76 DEGREES 08 MINUTES 12 SECONDS EAST 93.00 FEET; SOUTH 49 DEGREES 45 MINUTES 12 SECONDS EAST 102.00 FEET; :SOUTH 18 DEGREES 53 MINUTES i 2 SECONDS EAST 276.01 FEET; SOUTH 47 DEGREES 05 MINUTES 12 SECONDS EAST 230.01 FEET; SOUTH 24 DEGREES 52 MINUTES 12 SECONDS EAST 209.01 FEET; SOUTH 42 DEGREES 00 MINUTES 12 SECONDS EAST 238.01 FEET; SOUTH 58 DEGREES 45 MINUTES 12 SECONDS EAST 15KOO FEET; SOUTH `_> DEGREES 02 MINUTES 12 SECONDS EAST 05.00 FEET; SOUTH 29 DEGREES 25 MINUTES 12 SECONDS EAST 88.71 FEET TO A POINT OF NON -TANGENCY ON THE WESTERLY RIGHT-OF-WAY OF SAID JAMBOREE ROAD, A RADIAL TO SAID POINT BEARE NORTH 56 DEGREES 27 MINUTES 34 SECONDS WEST, SAID POINT BEING THE ARC; OF A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5050-00 FEET; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY A DISTANCE OF 645.87 FEET TO A POINT OF TANGENQY; THENCE NORTH 27 DEGREES 19 MINUTES 16 SECONDS EAST 356.08 FEET TO THE TRUE POINT O1= BEGINNING. Exhibit "A" 2 of 2 It .T g VIAV E -5 lU 8 S L f< 52, s& JAr18vr�� -� Exhibit "B" This is not a survey of the land, but is compiled for information only, nor is it a part of the report or policy WHEN RECORDED MAIL TO: THE IRVINE COMPANY Community Development Division P. 0. Box I Newport Beach, California 92663 Attention: Chick C. Willette Space above line for Recorder's Use CORPORATION GRANT DEED The undersigned Grantor declares: Documentary transfer tax is $ Exempt ( ) Computed on full value of property con- veyed, or ( ) Computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Newport Beach FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a Michigan corpora- tion, as "Grantor," hereby dedicates and grants to the CITY OF NEWPORT BEACH, a California municipal corporation, as "Grantee," that certain real property in the County of Orange, State of California described on Exhibit "A" hereto and by this reference incorporated herein (the "Land"), upon condition, coupled with a power of termination on breach of the condition, that the Land be maintained in perpetuity .as; / or Cr open space atHR park land. �s7 ERWITA 1 Exhibit "C" 06-28-85 0 RESERVING UNTO GRANTOR, its successors and assigns, together with the right to grant and transfer all or a portion of the same as follows: (A) Any and all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and any and all rights and interests in and to other hydrocarbons by whatsoever name known, including geothermal, and all prod- ucts derived from any of the foregoing, that may be within or under the Land, together with the perpetual rights of drilling, mining, exploring and operating therefor and stor- ing in and removing the same from the Land or any other land, including the right to whipstock or directionally drill and mine from lands other than those conveyed hereby, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Land, 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 oper- ate any such wells or mines; without, however, the right to drill, mine, store, explore and operate through or within 500 feet of the surface of the Land. B. Any and all water, water rights or interests therein appurtenant or relating to the land here- inabove described or owned or used by Grantor in connection RKB5-K:07 2 Exhibit "C" 06-28-85 4 with or with respect to said land (no matter how acquired by Grantor), whether such water rights shall be riparian, over- lying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power to explore, drill, redrill, remove and store the same from or in the land hereinabove described or to divert or otherwise utilize such water, rights or interests on any other property owned or leased by Grantor; but with- out, however, any right to enter upon the surface of the property described.herein in the exercise of such rights. (C) An easement over, across and under the Land for drainage, and for the construction, installation, maintenance, operation, repair and replacement of drainage facilities and appurtenances thereto, for all surface and subsurface drainage and flood water (including but not lim- ited to that .water which presently from time to time flows from upstream property and all such water as may in the future flow therefrom because of any alteration of upstream property due to the development, grading or other improve- ment of such upstream property), together with the right of ingress and egress thereto and the right to deposit and use equipment and materials thereon for construction, repair, maintenance and replacement of such facilities; provided., however, that Grantor must first obtain Grantee's approval RKB5-K:07 3 Exhibit "C" 06-28-85 I as to the design and placement of any such construction, installation, maintenance, repair or replacement of drainage facilities, which approval shall not be unreasonably with- held. SUBJECT TO: 1. General and Special Real Property taxes and supplemental assessments, if any, for the current fiscal year. 2. All other covenants, conditions, restric- tions, reservations, rights, rights -of -way and easements of record or apparent. IN WITNESS WHEREOF, Grantor has caused its corpo- rate name and seal to be affixed hereto and this Instrument to be executed by its officers thereunto duly authorized. DATED: 1984. THE IRVINE COMPANY, a Michigan corporation By By Y RKB5-K:07 4 06-28-85 Exhibit "C" N 0 ACCEPTANCE Grantee, by its execution of this Instrument, hereby accepts the dedication of the Land upon the condi- tions and reservations stated in this Instrument. CITY OF NEWPORT BEACH By By _a RKB5-K:07 5 06-28-85 Exhibit "C" 841.32 1126304 R 020 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA SOO NORTH MAIM ST.., SANTA AMA, CA_ 92702 TEL. (714) 9`_;3-2020 MAY i i , 1 984 TO: THE IRVINE COMPANY 550 NEWPORT CENTER DRIVE NEWPORT BEACH, CALIFORNIA 92660 ATTENTION: SANDY GIBBS YOUR REFERENCE: BIG CANYON OUR NO. ' - 66078 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 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 OF SAID POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER., 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 THERETO) 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 AT 7:30 A.M. AS OF APRI.L 27, 1934 TITLE OFFICER: ,10E ARENS THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS: CLTA STANDARD COVERAGE POLICY — 1973 TITLE TO THE ESTATE OR INTEREST REFERRED TO HEREIN, AT THE DATE HEREOF, IS VENTED IN:_, THE IRVINE COMPANY, A MICHIGAN CORPORATION. EXHIBIT "D'' Page 1 of 7 d4l av i t :_6 U14 h TICOR TITLE INSURANCE COMPANY OF CALIFORNIA Q A 0 THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: i. GENERAL_ AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR 1984-1985, A LIEN NOT YET PAYABLE, 2. GENERAL AND SPECIAL_ COUNTY AND CITY TAXES FOR THE FISCAL YEAR 1 983-1 984 SECOND INSTALLMENT: $2.87 PLUS PENALTY AND COSTS OF $10.28. AP N0. : 440•-092-54. 3. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR 19S34 984 SECOND INSTALLMENT: $220.94 PLUS PENALTY AND COSTS OF $32.09. AP NO. : 440•-092-76. 4. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR THE FISCAL YEAR 1983-1984 SECOND INSTALLMENT: $555.67 PLUS PENALTY AND COSTS OF $65.56. AF' NO. : 440-•092-77. 5. GENERAL AND SPECIAL COUNTY AND CITY TAXES FOR T14E FISCAL YEAR 1983-1984 SECOND INSTALLMENT: $3,808.52 PLUS PENALTY AND COSTS OF $390,S5, AF' N0, 440-092--79. 6. THE LIEN OF SUPPLEMENTAL_ TAXES, IF ANY, ASSESSED PURSUANT TO THE PR0VISIONS OF CHAPTER 498, STATUTES OF 1983 OF THE STATE OF CALIFORNIA. 7. AN EASEMENT, 40 FEET IN WIDTH, FOR HIGHWAY PURPOSES, OVER THE NORTHWESTERLY PORTION OF SAID LAND UPON THE TERMS AND CONDITIONS CONTAINED THEREIN, AS GRANTED TO GEORGE E. HART BY DEED RECORDED DECEMBER 12, 1911 IN DO0K 204 PAGE 159 OF DEEDS. NOTE: SAID INTEREST HAS SINCE PASSED TO THE COUNTY OF ORANGE BY DEED RECORDED MARCH 27, 1916 IN BOOK 2SI PAGE 286, DEEDS. NOTE: BY ORDER OF THE BOARD OF SUPERVISORS, PORTION.: OF THE ABOVE DESCRIBED EASEMENT THAT WERE NOT INCLUDED IN THE AREA GRANTED TO THE COUNTY OF ORANGE BY DEED RECORDED APRIL 9, 1940 IN BOOK 1037 PAGE 269, OFFICIAL RECORDS, WERE VACATED AND ABANDONED BY BOARD ORDER RECORDED Ji"-NUARY 10, 1 9 $1 IN BOOT: 1075 PAGE 240, OFFICIAL RECORDS., 1 EXHIBIT "D" Page 2 of 7 OX A?1 7P r 0 PAGE 02 84132 1126304 R 020 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 8. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF COUNTY OF ORANGE. FOR SLOPE AND DRAINAGE EASEMENTS.' RECORDED APRIL 28, 1959 IN BOOK 4688 PAGE 482, OFFICIAL_ RECORDS. AFFECTS A PORTION OF SAID LAND THAT LIES ADJACENT TO JAMBOREE ROAD. 9. A PERPETUAL AIR OR FLIGHT EASEMENT, SOMETIMES REFERRED TO AS AVIGATION RIGHTS, IN AND TO ALL THE AIR SPACE ABOVE THOSE PORTIONS 01=- PARTICULAR PLANES OR IMAGINARY SURFACES THAT OVERLIE SAID LAND FOR USE BY AIRCRAFT, PRESENT OR FUTURE, FROM OR TO THE ORANGE COUNTY AIRPORT, SAID EASEMENTS AND RIGHTS BEING MORE PARTICULARLY DESCRIBED AND DEFINED IN AND GRANTED TO THE COUNTY OF ORANGE BY DEED RECORDED MARCH 17, 1964 IN BOOK 6965 PAGE 721, OFFICIAL RECORDS, UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN. THE PLANES ABOVE WHICH SAID EASEMENT LIES ARE MORE PARTICULARLY DESCRIBED IN SAID DEED AND SHOWN ON A MAP THEREIN REFERRED TO. 10. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED REREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF THE CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. FOR : SEWER PURPOSES. RECORDED SEPTEMBER 22, 1965 IN BOOK 7675 PAGE 512, OFFICIAL RECORDS. AFFECTS A PORTION OF SAID LAND. SS. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF THE CITY OF NEWPORT BEACH. FOR SEWER PURPOSES. RECORDED SEPTEMBER 22, 1965 IN BOOK 7675 PAGE 522, OFFICIAL RECORDS. AFFECTS A PORTION OF SAID LAND. Q . AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF CHARLES R. GANGI AND MARY GANGI. RECORDED MARCH 22, 1966 IN BOOK 7376 PAGE •457, OFFICIAL RECORDS. AFFECTS 10 FEET IN WIDTH OVER A PORTION OF SAID LAND. 13. AN EASEMENT AFFECTING THE PORTION OF SAID PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF : COUNTY SANITATION DISTRICT NO. 5 A PUBLIC CORPORATIO4. FOR PUBLIC SEWER PURPOSES. RECORDED SEPTEMBER 0, 1967 IN BOOK 3375 AFFECTS A PORTION OF SAID LAND. EXHIBIT "D" LAND AND FOR THE OF ORANGE COUNTY, CALIFORNIA, PACE 707, OFFICIAL RECORDS. Page 3 of 7 f1 f? S 7R r 0 PART h 1 8032 1126304 R 020 TICOR TITLE INSURANCE COMPANY OF CALIFORNIA 14 AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL PURPOSES, IN FAVOR OF CITY OF NEWPORT BEACH, A MUNICIPAL CORPORATION. FOR: SEWER LINES, RECORDED APRIL 27, 1970 IN BOOK 9274 PAGE 03, OFFICIAL_ RECORDS_ AFFECTS : A PORTION OF SAID LAND, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED THERETO AND DELINEATED ON A MAP MARKED EXHIBIT 'B' ATTACHED THERETO AND MADE A PART THEREOF. SAID EASEMENT ALSO INCLUDES THE RIGHT TO GRADE AND MAINTAIN A SEWER ACCESS ROAD, A TYPICAL CROSS SECTION OF WHICH IS SHOWN ON EXHIBIT 'B' . THE ROAD SHALL. GENERALLY FOLLOW THE ALIGNMENT OF THE EASEMENT BUT IS NOT STRICTLY LIMITED THERETO. 15. THE EFFECT OF THE FOLLOWING: AN AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT BEACH, A MUNICIPAL_ CORPORATION; COUNTY OF ORANGE, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA; THE IRVINE COMPANY, A WEST `.IR:GINIA CORPORATION; STATE O CALIFORNIA, ACTING BY AND.THROUGH THE DEPARTMENT OF FISH AND GAME; AND FIRST AMERICAN TITLE_ COMPANY, A CALIFORNIA CORPORATION, FOR THE SETTLEMENT OF- FENDING LITIGATION! WAS RECORDED APRIL 14, 1975 IN BOOK 11376 PAGE 1514 OF OFFICIAL RECORDS, 16. AN EASEMENT AFFECTING THE PORTION OF SAID LAND AND FOR THE PURPOSES STATED HEREIN, AND INCIDENTAL_ PURPOSES, IN FAVOR OF COUNTY OF ORANGE, A BODY POLITIC AND THE CITY OF NEWPORT BEACH, A MUNICIPAL_ CORPORATION. FOR PEDESTRIAN AND BICYCLE PURPOSES ONLY. RECORDED APRIL 22, 1975 IN BOOT{ 11382 PAGE 1936, OFFICIAL. RECORDS. AFFECTS THAT PORTION OF SAID LAND DESCRIBED IN EXHIBIT "A" ATTACHED THERETO. 17, RIGHTS AND EASEMENTS FOR COMMERCE, OF THE MOST WESTERLY PORTION OF SAID LAND PACIFIC OCEAN IN NEWPORT BAY. NAVIGATION AND FISHERY AFFECTING ANY LYING, BENEATH THE WATERS OF THE EXHIBIT "D'' Page 4 of 7 ,, n nnrr- nn 84132 1126304 F: 020 TICOR TITLE INSURANCE_ COMPANY OF CALIFORNIA DESCRIPTION: THOSE PORTIONS OF BLOCKS 52 AND 56 OF IRVI.NE'S SUBDIVISION, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1 PAGE 88 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNT`( RECORDER OF SAID COUNTY, LYING WESTERLY OF THE WESTERLY LINE OF JAMBOREE ROAD, 132.00 FEET IN WIDTH, AND EASTERLY OF THE EASTERLY LIME OF BACK BAY DRIVE, 40 FEET IN WIDTH, EXCEPT THOSE PORTIONS THEREOF LYING NORTHERLY OF THE SOUTHERLY LINES OF THE FOLLOWING 3 TRACTS: (i) TRACT NO. 5435 AS PER MAP RECORDED IN BOOK 200 PAGES 17 TO 21'INCLUSIVE OF MISCELLANEOUS MAPS; (2) TRACT NO, 5377 AS PER MAP RECORDED IN BOOK 21S PAGES Q TO Q OF MISCELLANEOUS MAPS, AND (3) TRACT NO. 5425 AS PER MAP RECORDED IN BOOK 199 PAGES 1 AND 2 OF MISCELLANEOUS MAPS. ALSO EXCEPT THAT PORTION OF BLOCK 56 LYING SOUTHERLY OF THE NORTHERLY LIME OF TRACT NO. 6947, AS PER MAP RECORDED IN BOOK 285 PAGES 8 TO Q OF MISCELLANEOUS MAPS. ALSO EXCEPT THOSE PORTIONS THEREOF INCLUDED WITHIN THE LAND DESCRIBED IN THE DEED FROM THE IRVINE COMPANY, A MICHIGAN CORPORATION, TO THE STATE OF CALIFORNIA, DEPARTMENT OF FISH AND GAME, DATED JULY 7, 1981 AND RECORDED MARCH 26, 1982 AS INSTRUMENT NO. 82•--105590 OF OFFICIAL RECORDS. JA/BETTY:53 (8) EXHIBIT "D" Page 5 of 7 m 0971COR TITLE IV �IJI�Ai�CE Printed Policy Exceptions and Exclusions AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1979 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not 3 Title Risks: insured against loss, costs, attorneys' fees and expenses result- that are created, allowed or agreed to by you ing from: that are known to you, but not to us, on the Policy Date- 1 Governmental police power, and the existence or violation unless they appeared in the public records of any law or government regulation. This includes building that result in no loss t6 you and zoning ordinances and also laws and regulations con- - that first affect your title after the Policy Date —this does cerning: not limit the labor and material lien coverage in Item 8 of land use Covered Title Risks improvements on the land land division environmental protection 4 Failure to pay value for your title. 5 Lack of a right: This exclusion does not limit the zoning coverage described to any land outside the area specifically described and in Items 12 and 13 of Covered Title Risks. referred to in Item 3 of Schedule A, or in streets, alleys or waterways that touch your land ti The right to take the land by condemning it,unlessa no- This exclusion does not limit the access coverage in Item 5 lice of taking appears in the public records on the Policy of Covered Title Risks. Date. a SCHEDULE B —STANDARD EXCEPTIONS (A) Any rights, interests or claims of parties in possession of the land not shown by the public records. (B) Any easements or liens not shown by the public records. This does not limit the lien coverage in Item 8 of the Covered Title Risks. (C) Any facts about the land which a correct survey would disclose and which are not shown by the public records. This does not limit the forced removal coverage in Item 12 of Covered Title Risks. (D) Any water rights, claims or title to water on or under the land. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970 WITH ALTA ENDORSEMENT FORM 1 COVERAGE (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance orgovernmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for 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). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated. (Exceptions and Exclusions Continued on Reverse Side) Printed Policy Exceptions and Exclusior- (Continued) CALIFORNIA LAND i ITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B PART I This policy does not insure against loss or damage, nor against costs, attorneys' fees or expenses, any or all of which arise by reason of the following: 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 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 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. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule C, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected.on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (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 been a purchaser or encumbrancer for value without knowledge. 10. Any facts, rights, interests or claims which are not shown by -the public records but which could be ascertained by making inquiry of the lessors in the lease or leases described or referred to in Schedule A. 11. The effect of any failure to comply with the terms, covenants and conditions of the lease or leases described or referred to in Schedule A. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970 (AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use"or enjoyment of the land, or regulating the character, dimensions or loca- tion of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 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 and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder- (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; (e) resu7ting 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. \,,,T, T - 1111, Prinr:inal Office: 6300 Wilshire Boulevard, P.O, Box 92792 Lns Anneles, California 90009 0 CREDIT SUBDIVISIONS The Irvine Company shall receive credits for five (5) acres of park land, such credits to be applicable, at the election of The Irvine Company, to the following residential projects: Newport Center Block 800, PCH Frontage (Villa Point Apts.), Newport Village, Big Canyon Area 10, Bi'g Canyon Area 16 (Big Canyon Villa Apts.), or Other sites which the City may determine are in similar proximity to the Mouth of Big Canyon. It Exhibit "E" THE REPORT m Exhibit "F" m J fit �l LEIGHTON and ASSOCIATES INCORPORATED SOIL ENGINEERING GEOLOGYGEOPHYSICS June 21, 1985 TO: The Irvine Company 550 Newport Center Drive P. 0. Box I Newport Beach, California 92658 ATTENTION: Mr. Robert Zeibak GROUND WATER HAZARDOUS WASTES Project No. 1830447-07 SUBJECT: Geotechnical Review of Proposed Repair to Top -of -Slope Area, Mouth of Big Canyon at Upper. Newport Bay, City of Newport Beach, California Reference: "Report of Geotechnical Review of Slope Failures, Big Canyon Area, Upper Newport Bay, City of Newport Beach, California", Project No. 1830447-02, dated August 15, 1983, by Leighton and Associates, Inc. il Introduction In accordance with your authorization, Leighton and Associates, Inc. has conducted a review of the geotechnical conditions along the top of the slope on the north side of the mouth of Big Canyon at Upper Newport Bay (Figure 1), mapped and staked the location of areas in need of remedial drainage control, and designed a repair measure which meets our requirements for long-term control of surface water flow away from the crest of the slope to suitable surface drain structures which can conduct the water safely away from the slope face. In this report, we describe the repair approach favored by our office and show on a topographic base map the approximate areal extent of the proposed installation. We also present our recommendations for additional remedial measures, which play an important role in preserving the current extent and character of the Upper Newport Bay bluffs. Accompanying Illustrations Figure I - Index Map Showing Location of Mouth of Big Canyon Site - Page 2 Exhibit F - Geotechnical Map with Location of Repair Areas - In Pocket Exhibit FI - Berm Construction Details - Rear of Text Exhibit F2 - Slope and Drain Repair - Rear of Text Exhibit F3 - Slope and Inlet Repair - Rear of Text Exhibit F4 - Drainage Repair - Rear of Text 1151 DURYEA AVENUE, IRVINE, CALIFORNIA 92714 (800) 253-4567 • (714) 250-1421 0 (213) 691-2125 i 1830447-07" V. A� � M RO R , EACH= D4 stt.� V\ %� .r\`.�l / �`•� .- ltic:,;:d:•;' �� G7 o ro �o?Il Q;'i'sp /:.oIx ff b 9 ��•;l //` I I •M t�N� t�i�l 1 "1. 1. •. �I Al ,a �/, � II ::'The:_::` � d • J�,� �,1,� J ;'L �i• � I �/ I �„ �./ 4i' �u /1 'a.,Y�C � /"�• H�/i _:"-y `�':=:�" ::.� �\�� ./ (.' .��..1�L___J102 y U 11 • �/ ,(`+�I `•i 1 /' _ 1 . @ %\\%-�y� a� `ti t �` _• % Corona (lei ltar !� 4l '\�\•\ `\\Z ��lJ.�\iRhSch�' !•` �I,: k\_ ` ��.•.� /� it ti, � ' `-, � _ .�.- � � �'�`, .,opt �..,1 :��. �;t:,;:��) 1 (1n•--T- - 1 z` - -y �' �'/ � i I �Li`-�rr 9 ,ice 1.'�' /.. 1 � • COY co I vie ol 22 mad _U1 .t, 1 Lj . P.,..,.,,,,•/ 0 2000 4000 Figure 1 stole feet - INDEX MAP SHOWING LOCATION OF BIG CANYON -BACK BAY SLOPE FAILURE STUDY, UPPER NEWPORT BAY, CITY OF NEWPORT BEACH o Base Map: U.S.G.S. Newport Beach, Tustin and Laguna Beach � 7.5-Minute Quadrangles 2 _ LEIGHTON and ASSOCIATES INCORPORATED 1830447-07 Purpose and Scope of Investigation The purpose of this investigation has been to identify areas along the tops of slopes at the mouth of Big Canyon (west of Jamboree Road) where uncontrolled surface water drains over the slope face, determine the cause of the runoff, and recommend remedial methods to control the problem. In the referenced previous report we determined that uncontrolled surface water runoff over the top of the slope was a primary cause of rnany of the observed shallow slope failures in that area (Figure 1). Although the failures have been repaired, the underlying over -the -slope runoff condition remains to be remedied. The scope of our work included the following tasks: • Review of previous work in the vicinity of the mouth of Big Canyon. • Several field reconnaissance visits to locate and describe the problem areas. • Review of available repair or improvement options with grading contractors, The Irvine Company, and the City of Newport Beach. • Design of a berm support system and review of its engineering parameters. • Field survey of areas of inadequate berm heights, and staking of approximate heights for design and construction contracting purposes. • Preparation of this report describing our findings, conclusions, and recommendations. No subsurface exploration, laboratory testing, or stability analyses were included in this investigation. I. n_ C� O 0 s LEIGHTON and ASSOCIATES 3 - INCORPORATED 830447-07 FINDINGS Site Description The subject site includes natural and man-made slopes of moderate (steeper than 1.5:1, horizontal to vertical) to nearly vertical gradient near the mouth of Big Canyon adjacent to Upper Newport Bay (see Figure 1). The principal areas of surface runoff over the top of slope were identified (see Plate 1) along the generally south -facing slopes within the "common areas". The numbered areas on the Geotechnical Map are existing slope failure/erosion areas on the adjacent slope faces, which are generally subject to uncontrolled surface drainage. The numbered areas are described in detail in our previous referenced report. Several utility lines exist within the common areas, including sewer mains and cable television lines. The geologic setting, individual soil units and geologic structure were described in the referenced report. Generally, the top -of -slope areas are nearly horizontal terraces 10 to 20 feet in width with irrigated, grass -covered, irregularly -inclined surfaces lacking top -of -slope berms. Surface waters from seasonal runoff and irrigation are locally not controlled by existing drainage devices and allowed to collect and cascade over the top of slope causing slope failures and slope erosion. Existing drainage devices, including area drains and storm drain inlets, exist along swales and low areas, respectively. Many of these inlets are overgrown with vegetation or covered with debris. In addition, the irregular nature of the terrace surface prevents surface runoff over large areas from reaching the inlets. Instead, water flows away from them toward the top of slope. The causes of the deterioration in drainage are observed to be as follows: • An irrigation lines runs along the top of slope which displays evidence of leakage at sprinkler head joints, producing erosion in these areas. Numerous sprinkler heads along the top of slope have been capped, but new lines have been installed. o Rodent activity is abundant along the slope faces, especially near the crest of the slope, causing settlement of the top of the slope and elimination of any berm which was once there. o Several outlet pipes from area drains within the common areas terminate on the slope face, causing concentration of runoff waters and erosion in their vicinity. Locally, roof gutters outlet near the top of slope, promoting surface water concentration and slope erosion. • Plugged and inoperative area drains do not properly drain runoff waters away from the top of slope. — 11 — tT;ag LEIGHTON and ASSOCIATES INCORPORATED 1U�3G-',•17-03 r Qi U r C_ CJ i i N C U U "G 4- C O O O t v_ r- U r 4-3 N rlo r L i-•-) U tC Ln co U) Q1 O O d-) i N *U 4J L r6 •L U U C ro O {.J •r ii ro 4-•-) U C O v7 C •r • •r i-� N ro N i r 4--) i-� O U N C. CJ N w O > O r6 U C i C= O C S- U r0 O U r6 r r C O I O D C,' r— U 4) U U U O rt Lt QJ Y i N N ro C C' + i 0 i +-J i 4- r0 O O r o Ql U r r N i CL N N QJ U >> O = 4-3 C r C] =- _N r0 O ci +- U = U i N rt •r 0J 4l N ci X Q1 > rt3 Q1 U ,[ • r O ro 7 fJ > r6 U O_ N CJ O r• � c C• C 1 4- r3 41 QJ U C-1 r--, c!) G c0 U O LIJ V-- 0 1830447-07 r- CONCLUSIOi,-IS AND RECOMMENDATIONS Conclusions I. The primary cause of surficial slope failures/erosion within the subject area is the availability of surface waters from various sources which are allowed to flow over the top of slope. 2. Additional damage is being inflicted- by rodent activity, which is destroying the natural cohesion of the near -surface bedrock. 3. The only long-term solution is to prevent the flow of water to the slope face and local ponding of water at the top of slope. 4. Maintenance of slopes is the long-term responsibility of all affected parties. All slopes remain susceptible to future damage, if not maintained, as natural degradation and weathering proceed. 5. The conclusions and recommendations of our referenced report, dated August 15, 1983 are still valid. Recommendations I. In general, the adverse drainage conditions in the top -of -slope areas should be repaired as quickly as possible to reduce the effects of continued migration of the features into the slopes or the surrounding development. 2. The recommended repairs are specified and located approximately on the map, Plate I, in the pocket at the rear of this report. Precise locations of the repairs should be determined by the geotechnical consultant in the field prior to construction. Construction details are specified in Exhibits FI through F4 at the rear of this report. 3. To control runoff over the top of slope along the bluffs we recommend the construction of a berm supported by a pipe -and -board barrier which may need to be anchored locally by a tieback cable attached to a second row of pipes. Three conditions are shown schematically on Exhibit FI (Rear of Text). Additional construction details should be provided by the geotechnical consultant as needed during grading. 4. Prior to beginning repair, the contractor's proposed repair program should be reviewed and approved by the geotechnical consultant; actual repairs in the field should also be observed at regular intervals by the geotechnical consultant, who should prepare an as -built report of the work. 5. An ongoing rodent control program should be developed and implemented for the subject slopes. Elimination of rodent burrowing will substantially reduce the rate of degradation of the slope faces, and therefore, the rate of retreat of the top of slope. 6. All sprinkler lines or irrigation systems should be removed permanently from the berm side of the swale flow line at the top of slope. Irrigation of the Swale may be continued, provided the water distribution system is to the building side of the surface down drains. T • LEIGHTON and ASSOCIATES -5 - INCORPORATED 1830447-07 7. A program should be implemented to clear and maintain area drains, collector pipes, roof gutters and downspouts, and outlet pipes on an ongoing basis. If you have any questions regarding our observations and conclusions, please do not hesitate to contact this office. We appreciate the opportunity to be of service. BC/IP/FZ/cas Distribution: (12) Addressee Respectfully submitted, LEI HTON AND cOCIATES, INC. lei 7i aj Poorj'and, RCE 20968 Principal Geotechni Engineer A. Clark, EG 1073 Principal Engineering Geologist BUQ011jr ' G , PL9n5 CITYN aPPro NE T i;c?.,: nr� or con,rtua•cn are sun'-., • _ C,r:' dwlom9e Port sons ano Planning ann : e r'3 -,:.; . - Inr' GtY cl N r slrr rfe c. Ares setl Pach, Calrlornia 7;;,_ < . 1 sl'uC:ron of Or rrnP�rotl �' 'rr:a nC a'"Y srruCtO re In V:V ��;r:;r Or 3.r rn..f c^. it Slr�r�v,�e OI IhC Crry IOr wttrCn r,0 Bucln� Ch d,L a Irr_rn d,,. Plar• ✓�ov90 Pl.,rs .ro n- '; h •:.v s ana 00(arnin r - o-. •- ' g wnttan RfP.?�J �L------------- "rI GCc: N EN; - i" r UV TU r�� _ems DATE ;ag -6- ItT LEIGHTON and ASSOCIATES INCORPORATED BERM CONSTRUCTION DETAILS NEW EARTHEN BERM FILL SWALE FLOW LINE 0.8' MAX.5��'v T12" MIN. T EXISTING GROUND SURFACE EXISTING AREA DRAIN (TYPICAL) (TYPICAL) A. MINOR EARTHEN BERM FILL: FOR NEW FILL LESS THAN 0.8' THICK 2 OR 3 EACH 2" x 12" TIMBER BOARDS (TYPICAL) (To be treated for underground construction) NEW EARTHEN FILL 4" MIN EXCAVATED TRENCH FOR BOARD INSTALLATION (TYPICAL) _J SUPPORTED 2" DIAMETER HEAVY-DUTY GALVANIZED STEEL PIPE. PIPES @ 3' O.C. LENGTH OF PIPE = 7' (10' FOR 3 BOARDS) NOTES FOR PIPE AND BOARD INSTALLATION (TYPICAL): • Trench should be excavated prior to pipe driving. • Pipes should be driven prior to board installation. • All backfill to be compacted to 85% relative compaction ASTM B. PIPE AND BOARD SUPPORTED BERM FILL: FOR FILL MORE THAN 0.8' AND LESS THAN 2' THICK NEW EARTHEN BERM FILL 12" MIN. 6" MIN. s .J 1/4" DIA. TIE BACK CABLE 2" DIAMETER HEAVY-DUTY GALVANIZED STEEL ANCHOR PIPES @ 4' O.C. (Minor excavation may be 5' MIN. IN LENGTH needed for cable installation to have 6" min, earth cover) 5' TO 8' SUPPORTED PIPES @ 2' O.C. C. PIPE AND BOARD SUPPORTED BERM FILL WITH ANCHOR PIPE: FOR AREAS WHERE TRUCK TRAFFIC IS ANTICIPATED CLOSE TO SUPPORTED PIPE AND BOARD SYSTEM GENERAL NOTES: 1 Where existing flow line is more than 0.8 feet lower than the existing bluff top, no remedial will be needed. 2 New fill should be placed in order that existing or developed flow Ilne Hill be 12 Inches min. lower than the top of new fill. 3 Remove all existing vegetation within areas to receive fill (existing lawn can be peeled and replaced back on top of new fill). 4 All Irrigation lines to be deactivated at outside edge of bench. Pipe may be removed or abandoned. 5 Area drains to be cleaned, tested, and repaired as necessary. Exhibit F1 Project No. 1 830447-07 Leighton & Associates /Ya r� �EP�i e �,r'isrin�� E ►'isT ,s'Ga�E J/,� s of THE ' cr/ST. ToP a� .S�p�E] BGo« f' � Y �1 6 b ;�iT�%f'1/NDUS ,BOAT/Nfi SNALG BE fIP�G / r� To EXIST/rYG fi✓E /,ysril � G , CNrP IN5r,44 4 /¢ GAGE 1 CITY OF NEWPORT BEACH BUILDING DEPARTMENT M4 Con Property Line at Outside Face of Ftq. Retaininq walls 1.3 •-u-, max.) Max. Slope � 11 Grade: Slooinq or T.evel 2" Clr. M4 @ 32" 3'-0"(Max.) ' B" Conc. Blk. I1 Cu. Ft, of Coarse Gravel Cont. k4 Cont �r�t Omit Head Joint as Shown l I � 12" (Min.) 12" ' 3" Max. Slope Grade: Slooino 2� '2" (Sloping Backf�11) 2 or Level i1'9" (Level Backfil ) 1 I r #4 Cont.--- Property Line 1 Outside (May' I �I 0 r GENERAL NOTES 1. CONCRETE BLOCK. 2. CONCRETE. 3. GROUT. 4. MORTAR, 5. STEEL BARS. 6. EXPANSION JOINTS. 7. BLOCK PATTERN. B. FOOTINGS. 9. SOIL. Grade N. Per ASTM C90. 2000 PSI. Ratio: 1 cement, 21 sand, 31 crushed rock, 71 gals. water. 2000 PSI. Ratios: 1 cement, 2 pea gravel, 3 sand. Grout all cells. Type M or S. Ratios: 1 cement, } lime, 0 sand. Grade 40 per ASTM A615. Every 30' o . c . ,vor ,«Qu�itEO Lay all block in RUNNING BOARD pattern. Bottom of footings must be level. Use stepped footing in sloped lots. Footings must be placed only in natural undisturbed or properly compacted soil with a minimum bearing value of 1000 psf. r 0 i0 D 4' L �3'' SIN lim 0 w 1UL n S N I %A �2 z u5 �cxl L J:� aCJ�� K K O 7 U r Z � w � '-' z U Ix ,O �- •- _ - w/ f. r•7\ 7-- zZ7�� N r .� .4 r' N r ' s � d J N � al JD — V 12 z oe b < Xz 5 Al w 3 3 �Q I - �a %D `D i 0 I-,c..JoIfc' c-Ir, J-, q ct d � � E c � r` �r3i�r �-y J�-:n- 31 �2; �f rGt� JUN 4 1985 vIRVINE INDUSTRIAL, RESEARCH ' �'e' ��'� �' �� & DEVELOPMENT -COMPANY 1 T- v) d L4 3 1 r 1 (:i Re-5 e ct mi-1 De_') v_-'._o p vY) -- -- ---_TI_11 5 1.5 _cL_-._. —pro_ .D_s.e. .-_17o- - - - - - -x-i, S c.L'css , o el _vV e. e, k - — -- - --- `lL- ---- _ --------=_I_�5v -�� . _ G �A r �f ",-� a � {�-- -Co ►-1 "f'a 1 n r_� c1 �� _G1 _�'YtQ_ �tri� .- - --- `t'1 e Ga.►^c-Oa -we., - Ile c k C /L-Lo- t- eafo - ------__---.r_C'�l..�t-).) � � �.Gi .�..fi : `[�'1J_5 - c ��V_v_'i _��--i.v"► 1. f _.�'..F?_�1 t�l U E'er �-i_✓1 -. ---— --- - - - -�`�"1 1 a 11 �e e-�- r ►-�.�. _ 1� a � . _��"�-�'�' � c� _ _�e� �o �u.��.—�jc�t�— �a:_- ------____--__---. _+l Dri;S _ C C� aQ eii 1 771 at -ea _ —e-ru i Ce-cl Q ►�]_C�_._ �D YI 1_YI Ll_� -- -- -- - h�v e b<-- e i - c� r eu 5 w vt ci - 'ro ✓b _Vrl CIA ri�s� ci (a t' L-c (q +L O .n G 5 �o ✓1 �: . _ o..—1 Yl 6t 1' h to ` - _ 77)I rn & a n c� kit. Gckc 1 area ae.�c�rc` �� i� e� (►')Te5`r'o��lo�� ce)� 11 - ---- -- �-, a n- �� -- -- - - -- -- - --- -- - - - - --- -� �- ate- ---- u RE0„� 4 A e —WESTLED 8Y, `' Ij— �l f EXEMPT RECORDING REQUEST PER -- GOVERNMENT CODE 6103 -Ity CierK WHEN RECORDED MAIL TO _ ....... , n (0 _i RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -1 0o PM OCT 17'85 COUNTY C/�� /�+c<�i RECORDER �u �t EXERPT �alwp0i C i_�-`: <": ch, ,�JA i'j.-5-63 o 38s..i4 VV Space above line for Recorder's Use CORPORATION GRANT DEED The undersigned Grantor declares: s Documentary transfer tax is $ Exempt bI/ lvekpOlty ( ) Computed on full value of property con- �� L'q�FB£q�y veyed, or £� tS190 �9 ( ) Computed on full value less value of C&C, liens and encumbrances remaining at time Z�►. �� f� of sale. Co � Unincorporated area: ( X ) City of N , Newport Beach FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE IRVINE COMPANY, a Michigan corpora- tion, as "Grantor," hereby dedicates and grants to the CITY OF NEWPORT BEACH, a California municipal corporation, as "Grantee," that certain real property in the County of Orange, State of California described on Exhibit "A" hereto and by this reference incorporated herein (the "Land"), upon condition, coupled with a power of termination on breach of the condition, that the Land be maintained in perpetuity as open space or park land. RKB5-K:07 1 09-16--&5 RESERVING UNTO GRANTOR, its successors and assigns, together with the right to grant and transfer all or a portion of the same as follows: (A) Any and all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and any and all rights and interests in and to other hydrocarbons by whatsoever name known, including geothermal, and all prod- ucts derived from any of the foregoing, that may be within or under the Land, together with the perpetual rights of drilling, mining, exploring and operating therefor and stor- ing inland removing the same from the Land or any other land, including the right to whipstock or directionally drill and mine from lands other than those conveyed hereby, oil or gas wells, tunnels and shafts into, through or across the subsurface of the Land, 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 oper- ate any such wells or mines; without, however, the right to drill, mine, store, explore and operate through or within 500 feet of the surface of the Land. (B) Any and all water, water rights or interests therein appurtenant or relating to the land here- inabove described or owned or used by Grantor in connection RKB5-K:07 2 09-16-8-5 - 0 with or with respect to said land (no matter how acquired by Grantor), whether such water rights shall be riparian, over- lying, appropriative, littoral, percolating, prescriptive, adjudicated, statutory or contractual, together with the right and power to explore, drill, redrill, remove and store the same from or in the land hereinabove described or to divert or otherwise utilize such water, rights or interests on any other property owned or leased by Grantor; but with- out, however, any right to enter upon the surface of the property described herein in the exercise of such rights. • (C) An easement over, across and under the Land for drainage, and for the construction, installation, maintenance, operation, repair and replacement of drainage facilities and appurtenances thereto, for all surface and subsurface drainage and flood water (including but not lim- ited to that water which presently from time to time flows from upstream property and all such water as may in the future flow therefrom because,of any alteration of upstream property due to the development, grading or other improve- ment of such upstream property), together with the right of ingress and egress thereto and the right to deposit and use equipment and materials thereon for construction, repair, maintenance and replacement of such facilities; provided, however, that Grantor must first obtain Grantee's approval RKB5-K:07 3 09-16-8.5 - 85--399t,J6 as to the design and placement of any such construction, installation, maintenance, repair or replacement of drainage facilities, which approval shall not be unreasonably with- held. SUBJECT TO: 1. General and Special Real Property taxes and supplemental assessments, if any, for the current fiscal year. 2. All other covenants, conditions, restric- tions, reservations, rights, rights -of -way and easements of record or apparent. IN WITNESS WHEREOF, Grantor has caused its corpo- rate name and seal to be affixed hereto and this Instrument to be executed by its officers thereunto duly authorized. DATED: SP tj.mher 1S , 1985. THE IRVINE COMPANY, a Michi torpor tion '.By STATE OF CALIFORNIA ) 85 - 3 9960 6 ss. tjUNTY OF ORANGE ) ,on this 18tbday of September—, in the year 1985 before me, the undersigned, a' Notary Public in and for said State, personally appeared William H. McFarland and Richard G. Sim personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Exec. Vice-Presidentand Vice -President , respectively, on behalf of the corporation therein named and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State OFFICIAL SEAL DEBBI'E ANN STROH a1 NOTARY PUBLIC - CALIFORNIA _3 ORANGE COUNTY 1 6 - 8 S My comm. expires JUL SE: 1998 -106 ACCEPTANCE Grantee, by its execution of this Instrument, hereby accepts the dedication of the Land upon the condi- tions and reservations stated in this Instrument. CIT NEWPORT BEACH Mayo By City Clerk STATE OF CALIFORNIA, COUNTY Orange ss. 0 On this 1 J5"I day of 02101oP_Y Notary Public in and for said State ' in the year 135 , before me the undersigned a to me to be the Mayor of the City of NewportpersonalBeachly panded �� me to be the City Clerk of the City of Newport Beach and nown to metr known who executed the within instrument on behalf of said governmental agency, known to acknowledged to me that such governmental agency executed the same.be the persons and WITNESS my hand and official seal. Notary Public in and for said State. -- 0 - - - - - - -----mass& OFFICIAL SEAL :ter-F.:. • DONALD L WEBB JR. Notary Public - California *✓ ORANGE COUNTY i -My Commission Expires Oct. 26, 1987 ►------------------------------ RKB5-K:07 5 09-16-85J- 85--3, .)s0s LEGAL DESCRIPTION THOSE PORTIONS OF BLOCKS 52, 53, 55 AND 56 OF IRVINE SUBDIVISION AS PER MAP RECORDED IN BOOK 1 PAGE 88, OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF LOT 96 OF TRACT NO. 5877 AS PER MAP RECORDED IN BOOK 218 PAGES 10 THROUGH 13, INCLUSIVE OF MISCELLANEOUS MAPS OF SAID COUNTY. THENCE ALONG THE WESTERLY BOUNDARY OF SAID LOT 96 NORTH 210 56' 18" EAST 166.01 FEET; THENCE NORTHWESTERLY ALONG SAID BOUNDARY AND I'TS PROLONGATION NORTH 260 03' 21" WEST 204.83 FEET; THENCE NORTH 620 14' 29" WEST 605.66 FEET; THENCE NORTH 310 40' 00" WEST 74.60 FEET; THENCE SOUTH 58' 08' 56" WEST 68.81 FEET TO THE MOST SOUTHERLY CORNER OF LOT 127 OF TRACT NO. 5435 AS PER MAP RECORDED IN BOOK 200 PAGES 17 THROUGH 21, OF MISCELLANEOUS MAPS OF SAID COUNTY; THENCE SOUTH 480 12' 59" WEST 10.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF BACK BAY DRIVE 40.00 FEET WIDE AS SHOWN ON SAID TRACT NO. 5435 SAID EASTERLY RIGHT OF WAY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADI'US OF 420.00 FEET, A RADIAL LINE BEARS NORTH 480 12' 59" EAST; THENCE SOUTHERLY ALONG SAID CURVE A DISTANCE OF 132.70 FEET, A CENTRAL ANGLE OF 180 06' 09"; THENCE NON TANGENT TO SAID LAST CURVE SOUTH 600 11' 27" EAST 438.41 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 173.20 FEET; THENCE EASTERLY AND SOUTHEASTERLY 181.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 600 00' 00"; THENCE SOUTH 00 11' 27" EAST 164.59 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 173.20 FEET; THENCE SOUTHERLY AND SOUTHEASTERLY 181.37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 600 00' 00"; THENCE SOUTH 600 11' 27" EAST 240.00 FEET; THENCE SOUTH 540 48' 33" WEST, EAST 133.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 187.24 FEET; THENCE SOUTHWESTERLY 114.38 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 350 00' 00"; THENCE SOUTH 890 48' 33" WEST 371.51 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 272.42 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 213.96'FEET; THENCE SOUTH 440 48' 33" WEST 129.04 FEET; THENCE SOUTH 131 35' 59" WEST 167.71 FEET TO THE INTERSECTION OF A LINE HAVING A BEARING NORTH 630 08' 32" WEST, 344.46 FEET FROM THE WESTERLY CORNER OF LOT 4 OF TRACT NO. 6947 AS PER MAP RECORDED IN BOOK 285 PAGES 8 THROUGH 12, INCLUSIVE OF MISCELLANEOUS MAPS OF SAID COUNTY, THENCE FROM SAID INTERSECTION SOUTH 630 08' 32" EAST 271.66 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4 OF TRACT NO. 6947; THENCE ALONG THE NORTHERLY AND NORTHEASTERLY BOUNDARIES OF LOTS 4, 5 AND 6 THE FOLLOWING COURSES: - EXHIBIT "A" Page 1 of 2 s-399000 NORTH 66011'48" EAST 31.89 FEET; SOUTH 88047'12" EAST 62.00 FEET; NORTH 47°04148" EAST 100.00 FEET; NORTH 85059148" EAST 66.00 FEET; SOUTH 47052'12" EAST 273.00 FEET; SOUTH 77020112" EAST 118.00 FEET; NORTH 74014'48" EAST 414.01 FEET; SOUTH 76008'12" EAST 93.00 FEET; SOUTH 49045'12" EAST 102.00 FEET; SOUTH 18053'12" EAST 276.01 FEET; SOUTH 47005'12" EAST' 230.01 FEET; " EAST 209.01 FEET; SOUTH 42000'12 EAST 238.01 FEET; SOUTH 58045'12" EAST 151.00 FEET; SOUTH 05002'12" EAST 135.00 FEET; SOUTH 29025'12" EAST 88.71 FEET; TO A POINT IN THE WESTERLY RIGHT OF WAY LINE OF JAMBOREE ROAD 132.00 FEET WIDE AS DESCRIBED IN BOOK 7964 PAGE 631 OF OFFICIAL RECORDS OF SAID COUNTY SAID WESTERLY LINE BEING A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 5950.00 FEET A RADIAL LINE THROUGH WHICH BEARS NORTH 56027'34" WEST THENCE NORTHERLY ALONG SAID CURVE A DISTANCE OF 645.87 FEET; THENCE ALONG SAID RIGHT OF WAY LINE NORTH 270191161T EAST, 356.08 FEET TO THE SOUTHERLY CORNER,OF LOT 3 OF TRACT NO. 5425 AS PER MAP RECORDED IN BOOK 199 PAGES 1 AND 2 OF MISCELLANEOUS MAPS OF SAID COUNTY; THENCE ALONG THE SOUTHERLY AND SOUTHWESTERLY BOUNDARIES OF LOT 3 THROUGH 10 OF SAID TRACT NO._5425 AND ALONG THE SOUTH- ERLY BOUNDARY OF SAID LOT 96 OF TRACT NO. 5877 THE FOLLOWING COURSES: NORTH 62040144" WEST 116.82 FEET; SOUTH 74030141" WEST 134.75 FEET; SOUTH 64025141" WEST 136.50 FEET; SOUTH 75042'15" WEST 65.00 FEET; NORTH 16056'18" WEST 10.00 FEET; SOUTH 87028'14" WEST 65.75 FEET; NORTH 57039'52" WEST 95.23 FEET; NORTH 26059' 11" WEST 476:-12 FEET; NORTH 03055'11" WEST 106.08 FEET; NORTH 36033'13" WEST 134.75 FEET; NORTH 24055'06" WEST 129.52 FEET; NORTH 40006'25" WEST 259.96 FEET; SOUTH 81005'32" WEST 151.77 FEET; NORTH 82041'07" WEST 314.55 FEET; NORTH 53054'22" WEST 292.03 FEET; TO THE POINT OF BEGINNING. 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O y °ate m w� u b VJ o 7 •o 1 p oey � ay �V i a N57 39'52' W lu : W p 95.23' � m 87 28' 14'W eP ro 5.75' oz qq D� u p m� �m u-+ �7 X _D m r rm U O u,- lD O u• lJ N sj9 o mP Dz n f y�� Olt u o� 's /� s�ap'44'W E A 16.82 m > p Azz �t oU 2925'12'E ' f (MOST SLY CORNER 3 — Z yci m 88.71' OF LDT 3 OF TRACT D7 O 4.6.13�10' R•5950.00�L•645.87� N2719�16"E 233.SO�iI 1 Z a m R•60lf, rui' N27.19'16' 589_58�'-3 R0. O - �OF JAMBOREE ,l Z i JAMBOREE (OR7964-631) ROAD pERTRACTN0.5425 _-Y