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Home My WebLink About13 - Quit Claim Deed for MacArthur BoulevardCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 April 24, 2007 TO:. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, P.E. 949 -644 -3311 sbadum@city.newport-beach.ca.us SUBJECT: ACCEPTANCE OF QUIT CLAIM DEED FOR MACARTHUR BOULEVARD RIGHT -OF -WAY FROM BIG CANYON COUNTRY CLUB RECOMMENDATION: Accept the Quitclaim Deed for the MacArthur Boulevard right of way from Big Canyon Country Club and authorize the City Manager to execute the Quitclaim- Deed documents. DISCUSSION: Big Canyon Country Club is in the process of receiving, from The Irvine Company (TIC), the deed to certain property contiguous to the St. Mark Church parcel near the corner of MacArthur Boulevard and San Joaquin Hills Road. The property is described as Parcel 2 of Parcel Map No. 200 -132 at Book 347, Pages 32 -35 of the Official Records of Orange County. The property includes the underlying fee of the MacArthur Boulevard right of way which was originally created as an easement over TIC property. Big Canyon Country Club desires to quitclaim their interests within the MacArthur Boulevard right of way to the City concurrently with their acceptance of Parcel 2 from TIC. Upon City Council approval, the City Manager will execute the attached documents and transmit them to Big Canyon Country Club. Big Canyon Country Club will complete the document execution and record the documents with the County Recorder. Submitted by: aaum Director Attachments: Quitclaim Deed Larry Tucker P.O. Box 7974 Newport Beach, Ca 92658 (949) 251 -2045 (949) 752- 0885 -fax February 23, 2007 Steve Badum Director of Public Works City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663 Re: MacArthur Blvd Right of Way Dear Steve, �3z Big Canyon Country Club h an agreement with The Irvine Company to receive a deed to certain real property con guous with the St. Mark Church parcel near the comer of MacArthur Blvd. and S Aooaquih Hills Road. That property is known as Parcel 2 of Parcel Map No. 2000423J2 at Book 347, Pages 32 -35 of Official Records. A portion of the property to be received by the'Club. is subject to the burdens of a Highway Easement Deed recorded on November 5, 1997 (Instrument No. 1997 - 0560731). The Easement grants the City right of way rights in MacArthur Blvd. as described therein My discussions with The Irvine Company and the City have revealed no reason for why the right of way was not deeded in fee to the City. Accordingly, it is the preference of the Club to deed the right of way in fee to the City. It is my understanding that this would be acceptable to the City. To move the matter forward for formal consideration by the City Council, I have attached a draft Quitclaim Deed for consideration by the City staff. Please note that the legal description I have used is the same legal description that was used in the Highway Easement Deed. Please review the enclosed Quitclaim Deed and let me know how you would like to proceed. The Club does not want to take title to the property until the Quitclaim Deed can be consecutively recorded after the deed from The Irvine Company to the Club. So we would like to move forward on this matter in the near future. Best regards, Larry Tucker cc: David Voorhees FEB g -7 2607 Public Works Deoartnent City of Newport Beach RECORDING REQUESTED BY AND ) WHEN RECORDED RETURN TO: 1 City Clerk ) City of Newport Beach ) 3300 Newport Blvd. ) Newport Beach, CA 92663 ) Above QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Big Canyon Country Club, a California non -profit corporation (the "Grantor") hereby quitclaims to the City of Newport Beach, a municipal corporation: All of Grantor's right, title and interest in and to that certain real property located in the County of Orange, State of California, and described in Exhibit A to that certain Highway Easement Deed recorded on November 5, 1997 as instrument no. 1997 - 0560731 in the Official Records of Orange County, which real property is more particularly described in Exhibit A attached hereto and by this reference incorporated herein. This grant is made subject to all matters of record or which would be apparent by a survey of the property. Dated 8CCC -City Quitclaim Deed.doc BIG CANYON COUNTRY CLUB a California non -profit corporation By: Its President By: Its Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On personally appeared before m NAME(S) OF SIGNER(S) Notary Public, ❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here It not required by law, it could Prevent fraudulent reattachment of this form. BCCC -City Quitclaim Deed.doe Witness my hand and official seal SIGNATURE OF NOTARY Title or Type of Document Number of Pages Signef(s) Other Than Named Above — OPTIONAL SECTION — CAPACITY CLAIMED BY SIGNER Though statute does trot require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWOONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entily(ies) of Document 01993 National Notary Association, Canoga Park, CA ACCEPTANCE This is to certify that the interest in real property conveyed by the attached quitclaim deed dated 2007, from Big Canyon Country Club, a California non -profit corporation, to the City of Newport Beach, a municipal corporation is hereby accepted on the day of , 2007, under the authority delegated to me by Resolution No. _ = of the City Council, and Grantee consents to the recordation thereof by its duly authorized officer. 0 Approved as to form: Homer Bludau, City Manager Attest By: Robin Clausen, City Attorney LaVonne M. Harkless, City Clerk SCCC -City Quitclaim Dead.doc EXHIBIT "A" ROBERT BEIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92718 August 15, 1997 JN 32581 -01 Page 1 of 1 LEGAL DESCRIPTION HACARTHUR BOULEVARD RIGHT -OF -WAY PARCEL 101345 -1 That certain parcel of land situated in the City of Newport Beach, County of Orange, State of California, being that portion of Lot 2 of Tract No. 12105 as shown on a map thereof filed in Book 553, Pages 11 through 16 of Miscellaneous Maps in the Office of the County Recorder of said Orange County, lying easterly of the following described line: BEGINNING at a point in that certain course in the easterly line of said Lot 2 shown as "North 11 °47'00" West 676.38 feet" on said map, distant thereon North 11 °47'40" West 102.61 feet from the southerly terminus thereof; said point being a point of cusp with a curve concave westerly and having a radius of 2332.00 feet, a radial line of said curve from said point bears South 78 012'20" West; thence along said curve southerly 1117.50 feet through a central angle of 27 027'23" to said easterly line of Lot 2. CONTAINING: 0.212 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. Kevin D. McHugh -141. P.L.S. 6310 SCALE: 1' = 60' V ti S � v P.O.B. r S78 12 20 N �' o (R40) 0, 4 � SHEET 1 OF 2 SHEETS Robert ffefq. R711fem Frost 8 Assoofetes 9w.IW1R90�UL OlWamlt MN1aS R1R1(106 AUGUST 15. 1997 4m. 34581 ft \GRPS \POATA \32581 \oWG \581E%002.0WG Ak EXHIBIT "B" SKETCH TO ACCOMPANY A LEGAL OESCRIPTION FOR MACARTHUR BOULEVARD RIGHT -OF -WAY PARCEL 101345 -1 CONTAINING: 0.212 ACRES t 4 � SHEET 1 OF 2 SHEETS Robert ffefq. R711fem Frost 8 Assoofetes 9w.IW1R90�UL OlWamlt MN1aS R1R1(106 AUGUST 15. 1997 4m. 34581 ft \GRPS \POATA \32581 \oWG \581E%002.0WG SCALE: 1' = 60• 68, EXHIBIT °BA SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR MACARTHUR BOULEVARD SHEET 2 OF 2 SHEETS RIGHT —OF —WAY ROb°wa� a�ut n mT (`a PARCEL 101345 -1 CONTAINING: 0.212 ACRES t AUGUST 1$. 1997 dm.. 32581 H: \CRP5\LPOATA\L3Ml\0NG\561E%00A( EXHIBIT "A" ROBERT REIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92718 August 15, 1997 JN 32581 -02 Page 1 of 1 LEGAL DESCRIPTION MACARTHUR BOULEVARD Parcel 101346 -1 Right -of -Way That certain parcel of land situated in the City of Newport Beach, County of Orange, State of California, being that portion of Block 92 of Irvine's Subdivision as shown on a map .thereof filed in Book 1, Page 88 of Miscellaneous Record Maps bounded westerly by the easterly right -of -way line of MacArthur Boulevard (100 feet wide) as described in Parcel 2 of a deed to the State of California recorded July 25, 1940 in Book 1047, Page 557 of Official Records, bounded northerly by the general southerly line of Parcel 300204 as described in a Grant of Easement to the State of California, recorded September 6, 1996 as Instrument No. 19960457295 of Official Records, bounded southerly by the northerly line of Tract No. 14533 as shown on a map thereof filed in Book 710, Pages 34 through 37 of Miscellaneous Maps all in the Office of the County Recorder of said Orange County and bounded easterly by the following described line: BEGINNING at the northwesterly corner of Lot "G" of said Tract No. 14533, said northwesterly corner being on a curve concave northwesterly and having a radius of 2468.00 feet, a radial line of said curve from said point bears North 73 °40'15" West; thence along the northeasterly continuation of said curve 1211.42 feet through a central angle of 28 °07'25 thence tangent from said curve North 11 °47'40 West 276.52 feet to the beginning of a tangent curve concave easterly and having a radius of 5988.00 feet; thence along said curve northerly 287.62 feet through a central angle of 02 °45'08 "; thence tangent from said curve North 09 "02'33" West 648.96 feet to the beginning of a tangent curve concave westerly and having a radius of 6012.00 feet; thence along said curve northerly 240.62 feet through a central angle of 02 017'35" to said general southerly line of Parcel 300204. EXCEPTING THEREFROM said Parcel 300204 as described in the Grant Easement to the State of California. CONTAINING: 1.357 Acres, more or less. SUBJECT TO all Covenants. Rights. Rights -of -Way and Easements of Record. EXHIBIT "B" atjacbed and by this reference made a La asio Epp, om4m SrXE..• i' = 100' _ •W N70 EXHIBIT 'BA SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR MACARTHUR BOULEVARD RIGHT -OF -WAY PARCEL 101346 -1 CONTAINING: 1.357 AC.f 0 SEE SHEET 2 50' a N a 1 o. �o L4 CA� o I v Wo 7p I# N70'24'46'# \ 19.18' l LOT 'G r TRACT NO-14533 \ l� M.M. 7101 34 -37 SHEET 1 OF 3 SHEETS Robert BeJAIDIBem frost 4 Associate: �ry r.onaou� mwia Puisms • sugnvo i AUWST 15. 1997 1N. 37`.+81 N: \GW5 \PGATA \32581\UNV \3altX u.U� 3 SEE . A= 02'45'08" 50 R= 5988.00' L= 287.62' G � Cff n�1 a w� a EXHIBIT "B' I �- SKETCH TO ACCOMPANY A II LEGAL DESCRIPTION FOR 11 MACART14UR BOULEVARD Std RIGHT -OF -WAY PARCEL 101346 -1 CONTAINING: 1.357 AC. t O I I �1 1` I 1 SCALE.- 1' = I00' m ✓, 1 � � 1 � 1 z N.. N 1 1 1 1 I SHEET 2 OF 3 SHEETS 1 Robert Bela. VmKm i}mt & A�oeletes .PO[ssa.a mama Kwn� • ,ul mw AUGUST 15. 1997 111 32581 M O Z V a �O n ? V =4 N V Q N N Off 1 d m C V :p 11 1 , G � Cff n�1 a w� a EXHIBIT "B' I �- SKETCH TO ACCOMPANY A II LEGAL DESCRIPTION FOR 11 MACART14UR BOULEVARD Std RIGHT -OF -WAY PARCEL 101346 -1 CONTAINING: 1.357 AC. t O I I �1 1` I 1 SCALE.- 1' = I00' m ✓, 1 � � 1 � 1 z N.. N 1 1 1 1 I SHEET 2 OF 3 SHEETS 1 Robert Bela. VmKm i}mt & A�oeletes .PO[ssa.a mama Kwn� • ,ul mw AUGUST 15. 1997 111 32581 M E 0 �rn 'r N a h Q b w"j p�1j MW N78 39'52 E (RAD) RAL SL Y L /AC OF .100204 /NSF. I 19960457295, 0. R. p 0 -02' 17'35 ` R= 6012.00' L =240.62' / SCALE 1 - 100' / 1 -,;o yA N N / o a � b 1 � A rn ° 0---0= 02'45'08` R= 5988.00' L= 287.62' 20 N10'4.1'24 E 122.22' 0-- N78'11'50 E 16.00' 0 A EXHIBIT Tv 50 SKETCH TO ACCOMPANY A LECAL DESCRIPTION FOR 1 MACARTHUR BOULEVARD SHEET 3 OF 3 SHEETS RIGHT —OF —WAY Robert Reto.IQRtam Fiwt A Aewdales sever o.amv< new a VAa PARCEL 101346 -1 S1or 9 CONTAINING: 1.357 AC. t AUGUST 15. 1997 LK 32sal N: �aws\PDATA�32591\Dmc\56IExoa6 EXHIBIT "A" ROBERT REIN, WILLIAM FROST & ASSOCIATES 14725 Alton Parkway Irvine, California 92718 August 15, 1997 JN 32581 -03 Page 1 of 1 LEGAL DESCRIPTION MACARTHUR BOULEVARD RIGHT -OF -WAY PARCEL 101348 -1 That certain parcel of land situated in the City of Newport Beach, County of Orange, State of -California, being that portion of Block 92 of Irvine's Subdivision as shown on a map thereof filed in Book 1, Page 88 of Miscellaneous Record Maps in the Office of the County Recorder of said Orange County, bounded northwesterly by the southeasterly right -of -way line of MacArthur Boulevard (100 feet wide) as described in a deed to the State of California recorded July 25, 1940 in Book 1047, Page 557 of Official Records, bounded southwesterly by the northeasterly line of Parcel 2 of Parcel Map No. 84 -705 as shown on a map thereof filed in Book 189, Pages 6 through 16 of Parcel Maps, bounded northeasterly by the southwesterly line of Tract No. 14533 as shown on a map thereof filed in Book 710, Pages 34 through 37 of Miscellaneous Maps all in said Office of the Orange County Recorder and bounded southeasterly by the following described line: COMMENCING at the northeasterly terminus of that certain course in the northwesterly line of said Parcel 2 shown as "North 51 0551550 East 562.92 feet" on said map; thence along the northeasterly prolongation of said course North 51 056'24" East 61.48 feet to the beginning of a tangent curve concave northwesterly and having a radius of 2460.00 feet; thence along said curve northeasterly 455.86 feet through a central angle of 10 °37'03" to the TRUE POINT OF BEGINNING; thence continuing along said curve northeasterly 245.91 feet through a central angle of 05 °43139" to the southwesterly line of said Tract No. 14533. CONTAINING: 0.138 Acres, more or less. SUBJECT TO all Covenants, Rights, Rights -of -Way and Easements of Record. EXHIBIT "B" attached and by this reference made L&6310 E*6 030.98 part hereof. J SCALE. 1' = 50 4;p mr .tip �4�• Off' �4 ��. 3 vy�a�� r G 40A 1,hh1 / POR. �tia BLOCK 92 ° t y' IRVINE'S SUBDIVISION / M.R.M. 1 / 88 2 rPOa n� N48��39'W 5 �• ti 2 fit. ,6 ti Q,—N,59 N' *49.06 " 41. 16' g• N1535.32 E 19. 18' �J — AV4 35' 15 — 14.47 • 4 a 02 30.37' R= 2050.00' L-89.82- EXHIBIT "B' 0--A--10037'03m R= 2460.00 • L= 455.86 • SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR MACARTHUR BOULEVARD SHEET 1 OF 1 SHEET RIGHT —OF- -WAY Robert oaaaa 8atn.1 Hfi&m Fmst # As"CmLes nnr a.smuc wwios . s�ovr PARCEL 101348 -1 9w CONTAINING: 0.138 AC. t ,waST IS. 1997 ix. 3258f H:\ CNP51PDAiA� .1758110NG�58iEk007.D